§ 30-103. Assessment of benefit fee against property not in original special benefit district.

(a)

Whenever the construction of any water or sanitary sewer improvement is initiated pursuant to K.S.A. 12-6a04, the owners of property which receive benefits from such improvement but which were not included within the original special benefit district shall pay a benefit fee at the time the owners of such property request to be served by such improvement.

(b)

The amount of such benefit fee shall not exceed the amount of the assessment, including principal and interest, which would have been levied against the property had it been included in the original special benefit district, reduced in the proportion which each month or part of a month that has passed from the date the assessment for the improvement was levied to the date such property begins being served by the improvement bears to the total number of months of assessments against property included within the original special benefit district. Such benefit fee shall be due and payable and shall be assessed at the time the property begins being served by the improvement. Any benefit fees paid hereunder shall be applied to the remaining principal and outstanding interest on the bonds issued to finance the improvements, with a resulting pro rata reduction of the assessments against property originally included in the special benefit district for such improvement.

(c)

The provisions of this section shall be supplemental to any other connection fees or other user or regulatory charges for sanitary sewer or water service unless such connection fees or other user or regulatory charges were included in the assessment for the benefit district; in that event, the provisions of this section shall be in lieu of any other connection fees or other user or regulatory charges.

(d)

The connector shall make one lump sum payment prior to issuance of a connection permit. The one lump sum payment shall consist of the greater of the following two amounts: the proportional share of the outstanding balance of the special benefit district assessment, including principal and excluding interest, or the connection fee which would be collected if the late connector were not connecting to an existing special benefit district.

(Code 1988, § 30-136; Ord. No. O-46-05, § 1, 6-2-2005)