ORDINANCE NO. ___8258_____
AN ORDINANCE PROVIDING FOR DEFERRAL
OF PAYMENT OF SPECIAL ASSESSMENTS FOR PUBLIC IMPROVEMENTS IN IMPROVEMENT
DISTRICTS ESTABLISHED ON PROPERTY OWNED BY A POLITICAL SUBDIVISION OF THE STATE
OF KANSAS; PROVIDING FOR THE PERIOD OF DEFERRAL, THE EXTENSION OF SUCH PERIOD,
THE COLLECTION OF ASSESSMENTS, AND PROVIDING FOR PAYMENT OF PRINCIPAL AND
INTEREST DURING THE DEFERRAL PERIOD.
WHEREAS, the City of Lawrence, Kansas
(the “City”) is authorized pursuant to Article 12, Section 5 of the
Constitution of the State of Kansas (the “Home Rule Amendment”), to determine
its local affairs and government and to provide for the deferral of special
assessments levied on improvement districts created by the City; and
WHEREAS, the City, in Ordinance No.
6009, determined it was necessary to provide for the deferral of specials
assessments levied on improvement districts created by the City in the
circumstances specified in Ordinance No. 6009; and
WHEREAS, the
City, in Ordinance No. 6009, provided for the deferral of the payment of
special assessments for public improvements in improvement districts on
property owned by a political subdivision of the State of Kansas, under the
terms and conditions specified in said ordinance, for a period of twenty (20)
years; and
WHEREAS, the governing body of the
City, at the request of the Board of County Commissioners of Douglas County,
has determined it is necessary to extend the period of the deferral of the
payment of special assessments for public improvements in an improvement
district on property owned by Douglas County, a political subdivision of the
State of Kansas, under the terms and conditions specified in this ordinance,
for an additional five-year period;
NOW, THEREFORE, BIT IT ORDAINED BY THE GOVERNING BODY OF THE
CITY OF
Section
1. Whenever the governing body of
the City may create an improvement district in an undeveloped area of the City
which is owned by a political subdivision of the State of Kansas, and whenever
a public improvement may be constructed in such an improvement district, the
expense of which is chargeable to the improvement district, the governing body
may, in its discretion, provide for delay in the payment of such assessments,
under the terms and conditions specified in this Ordinance; and for such cost
may issue internal improvement bonds of the City as provided by law. The procedure for assessing and collecting
the assessments or for redeeming property from special assessments shall be for
the same as for bonds issued for improvements authorized under K.S.A.12-6a01 et
seq., as far as said statutes may be applicable, and for the costs of such
improvements which are payable by the City at large, the City may also issue
general improvement bonds of the City which bonds shall be repayable by the
levy of a general tax on all the property in the City.
Section
2. The governing body of the City
may, in its discretion, authorize and provide for the deferral of special
assessments for the cost of constructing public improvements in improvement
districts which contain property owned by a political subdivision of the State
of
Section
3. All ordinances of the City
levying special assessments for the costs of constructing public improvements
upon property for which the property has been granted a deferral in payment
shall state that such assessments have been deferred and the terms of this
Ordinance and shall state the period of the deferral granted. The City Clerk shall, when certifying such
special assessments to the county clerk, note thereon the words, “payment
deferred” and the period for which the deferral is granted. Such assessments, when levied and certified,
and when they become due under the terms of this Ordinance, shall be collected
as other taxes.
Section
4. Whenever the governing body of
the City shall grant a deferral in the payment of assessments under the
provisions of this act, the governing body shall provide for the payment of
principal and interest on any bonds issued for the payment of the costs of such
improvement during the period for which such deferral has been granted by the
levy of a tax upon all of the taxable property of the City in the manner
provided for the payment of bonds payable by the City in at large. The portion of such bonds issued for payment
of the costs of such improvements which are payable by the City at large during
the assessment deferral period shall be considered bonds payable by the City at
large. When such deferred assessments
become due and payable under the terms of this Ordinance, the costs incurred by
the City at large by reason of and during the time of the deferral period shall
be paid by the special assessment against the property and the proceeds thereof
paid into the general bond and interest fund of the City. Upon a determination that deferred
assessments have become due, the City Clerk shall notify the county clerk of the
balance of such assessment and that it is to be collected in the manner
provided by law. In no event shall the
amount so collected exceed the amount of the original assessment plus interest
which would have been charged initially if deferral had not been granted.
Section
5. This Ordinance hereby supersedes
Ordinance No. 6009 and shall take effect from and after its passage and
publication in the official City newspaper, as provided by law.
PASSED by
the Governing Body of the City of Lawrence, Kansas on this day of April, 2008.
APPROVED:
Michael
Dever, Mayor
ATTEST:
Frank S. Reeb, City Clerk