Levy of Assessments. Subsequent to the approval of the creation of the proposed PID, the Developer, the City and the Administrator shall prepare a SAP providing for the levy of the Assessments on the Property. Promptly following preparation and approval of a SAP acceptable to the Developer and the City and subject to the City Council making findings that the Authorized Improvements confer a special benefit on the Property, the City Council shall consider an Assessment Ordinance. Concurrently with the Assessment Ordinance, the City shall consider the approval and execution of a CFA and a reimbursement agreement. The City shall use its best efforts to initiate and approve all necessary documents and ordinances required to effectuate this Agreement, to create the PID, and to levy the Assessments. The Developer shall develop the Property consistent with the terms of this Agreement. Nothing contained in this Agreement, however, shall be construed as creating a contractual obligation that controls, waives, or supplants the City Council’s legislative discretion.
Levy of Assessments. The Board of Directors of the Association shall fix the commencement date for monthly or annual assessments on the first day of the month following the conveyance of the first Lot to an Owner and shall provide for a partial assessment between the commencement date and the end of the calendar year next following. Thereafter, monthly or annual assessments shall be levied by the Board of Directors of the Association, by action taken on or before December 1 of each year for the ensuing year. The Board, in its discretion, may provide for the periodic payment of such assessments may be levied in any year for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Areas, if any, including fixtures and personal property related thereto; provided that the same are first approved by the Board of Directors of the Association, recommended to the membership, and subsequently approved by affirmative vote of Members entitled to cast at least two -thirds (2/3) of the votes at a meeting of the Members duly held for that purpose. Written notice of the monthly, annual or special assessment shall be mailed (by U.S. first class mail) to every Owner subject thereto. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid and the amount of any delinquencies. The Association shall not be required to obtain a request for such certificate signed by the Owner, but may deliver such certificate to any party who in the Association’s judgment has a legitimate reason for requesting the same. The Developer shall be exempt from all assessments of any nature.
Levy of Assessments. The Board of Directors of the Association shall fix the commencement date for monthly or annual assessments on the first day of the month following the conveyance of the first Lot to an Owner and shall provide for a partial assessment between the commencement date and the end of the calendar year following. Thereafter, monthly or annual assessments shall be levied by the Board of Directors of the Association, by action taken on or before December 1 of each year for the ensuing year The Board, in its discretion, may provide for the periodic payment of such assessments at some interval other than monthly. Special assessments may be levied in any year for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Areas, if any, including fixtures and personal property related thereto; provided that the same are first approved by the Board of Directors of the Association, recommended to the membership, and subsequently, approved by affirmative vote of Members entitled to cast at least two-thirds (2/3) of the votes at a meeting of the Members duly held for that purpose. Written notice of the monthly, annual or special assessment shall be mailed (by U.S. first class mail) to every Owner subject thereto. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid and the amount of any delinquencies. The Association shall not be required to obtain a request for such certificate signed by the Owner, but may deliver such certificate to any party who in the Association's judgment has a legitimate reason for requesting the same.
Levy of Assessments. For the purpose of paying the costs of the following described Improvements: Heart of America Second Addition – Resolution No. 2016-010 The installation of water lines, sanitary sewer lines, and storm sewers along, and with the grading, paving, curbing and guttering of 9th St., all in the Heart of America Second Addition to the City of Hays, Kansas; and Kings Gate First Addition – Resolution No. 2012-004 Playground equipment with rubber mulch, basketball court, sidewalks, benches, park sign, swing set with sand, shelter house with picnic tables, landscaping (trees, seeded grass, and shrubs) and other related park improvements to be located on Lot 17, Block 1, Replat of King’s Gate 1st Addition to the City of Hays, Kansas; there are hereby levied and assessed the amounts (with such clerical or administrative amendments thereto as may be approved by the City Attorney) against the property described on Exhibit A attached hereto.
Levy of Assessments. The managing committee shall have the right to levy assessments, from time to time, on the beneficiaries in proportion to the number of shares held by them respectively, as the committee may deem necessary to pay all special assessments, taxes, interest, rents, liens, insurance premiums, cost of repairs or improvements, and other costs, charges, and legitimate expenses affecting the trust property under this agreement as may arise or accrue from time to time during the administration of this trust. These assessments shall be paid by the respective beneficiaries at the office of the managing committee in _________[city], _________[state], within days after notice in writing by the committee of assessments and the amount(s) has been mailed to the beneficiaries at their respective addresses as the same appear on the books of trustee. The respective amounts of these assessments shall constitute and be a personal indebtedness due to trustee for the use of the trust created by this instrument from the respective beneficiaries. If the amounts are not paid at the office of the committee at the time specified in the notice, then, on the written order of the managing committee, trustee shall sell the interests of any delinquent beneficiary in a portion, or all, of the shares in this trust outstanding in the name of the beneficiary on the books of trustee as may be necessary to satisfy the amounts due on account of the assessment or assessments. This type of sale shall be by public sale after having given notice in writing to the delinquent beneficiary of the time and place of the contemplated sale by delivering a copy of it to the delinquent beneficiary in person not less than twenty days prior to the sale or by mailing a copy to the delinquent beneficiary at least twenty days prior to the sale to the address shown by the books of trustee, and provided trustee shall also have published a notice of the time and place of the sale once a week for three successive weeks in some daily secular newspaper to be selected by trustee and published in the City of _. A portion or all of the shares, and their certificates, outstanding in the name of the delinquent beneficiary that may be sold to satisfy the assessment or assessments shall immediately upon sale or sales become void, no matter in whose hands or possession the shares so sold may be at the time of the sale or sales. Trustee shall issue to the purchaser new certificates representing the amount of shares in this trust ...
