A CHARTER ORDINANCE EXEMPTING THE CITY OF OLATHE, KANSAS, FROM K.S.A. 13-10, 135 THROUGH 13-10, 139, INCLUSIVE, RELATING TO DELAY IN PAYMENT OF SPECIAL ASSESSMENTS FOR PUBLIC IMPROVEMENTS IN UNDEVELOPED AREAS; AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OLATHE, KANSAS:

SECTION ONE: The City of Olathe, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to make inapplicable to it and exempt itself from K.S.A. 13-10, 135 through and including 13-10, 139 relating to the delay in payment of special assessments for public improvements in undeveloped areas, which applies to said city but not uniformly to all cities, and provides the following substitute and additional provisions on the same subject.

SECTION TWO: Authority to Delay Assessments. Whenever the Governing Body may cause any public improvement to be constructed, the expense of which is chargeable to a benefit district, the Governing Body may in its discretion, authorize and provide for a delay in the payment of such assessments subject to the conditions and in the manner provided below:

SECTION THREE: Conditions for Delay--Amended October 4, 1988. (See Charter Ordinance No. 34.)

SECTION FOUR: Procedure to Grant Delay. Any property owner that may be, or is, included in any benefit district for public improvements, may request a deferment in the payment of special assessments for the costs of such public improvements, either concurrently with the creation of the district or at any time prior to the levy of special assessments. Such request shall be in writing and shall specifically detail how the property will meet the above-described standards for deferment. Such request shall be filed with the city clerk, who shall forward the request to the Governing Body for action.

If the Governing Body decides to grant the deferment, it shall do so by resolution, unless the request for deferment occurs concurrently with the levying of assessments, in which case the deferral shall be noted in the assessment ordinance.

SECTION FIVE: Assessment Ordinance Requirements. Ordinances levying special assessments for the cost of constructing public improvements upon property for which the city has grated a delay in payment shall state the words, "payment delayed", state the period of the delay, and shall state the recoupment charge for loss of use of city money. The city clerk shall certify such special assessments to the county clerk, and when levied, certified and become dues, shall be collected as other taxes.

SECTION SIX: Principal and Interest Payments During Delay Period. Whenever the Governing Body grants a delay in the payment of assessments, it shall provide for the payment of principal and interest of bonds issued for the payment of the costs of such improvement during the period for which such delay 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 at large. That portion of the bonds issued for the payment of the cost of constructing public improvements which are payable by the city at large during the period granted as a delay in the payment of assessments shall be considered bonds payable by the city at large and not bonds the costs of which are payable from special assessments.

SECTION SEVEN: Payments Due. All such delayed assessments shall become due and payable in the same installments as originally assessed at the time such property is sold, platted, or developed at the expiration of the designated period, or failure to pay the recoupment charge.

SECTION EIGHT: Recoupment Charge--Amended October 4, 1988. (See Charter Ordinance No. 34.)

SECTION NINE: This is a charter ordinance and shall take effect sixty-one (61) days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, Subdivision (c)(3) of the Constitution of Kansas, in which case the ordinance shall become effective if approved by a majority of the electors voting thereon.

PASSED and APPROVED by the Governing Body, not less than two-thirds of the members elect voting in favor thereof, the 5th day of July, 1988.