12-17,165. Procedure for establishing STAR bond project district; hearings; notice; limitations. (a) When a city or county proposes to establish a STAR bond project district, within an eligible area, the city or county shall adopt a resolution stating that the city or county is considering the establishment of a STAR bond project district. Such resolution shall:
(1) Give notice that a public hearing will be held to consider the establishment of a STAR bond project district and fix the date, hour and place of such public hearing;
(2) describe the proposed boundaries of the STAR bond project district;
(3) describe the STAR bond project district plan;
(4) state that a description and map of the proposed STAR bond project district are available for inspection at a time and place designated;
(5) provide a description of all state, federal and local tax incentives that apply or, pursuant to the STAR bond project district plan, are anticipated to apply within the STAR bond district or that apply to any business located in or, as provided in the public STAR bond project district plan or in any other public document, that will locate in the district; and
(6) state that the governing body will consider findings necessary for the establishment of a STAR bond project district.
Notice shall be given as prescribed in K.S.A. 2021 Supp. 12-17,166(f)(2), and amendments thereto, and, if the county or city has a website, notice shall be conspicuously provided at a prominent location on the first page of the website of the county or city. Such notice shall include the items described in subsections (a)(2), (a)(3), (a)(4) and (a)(5) and any other document or information required to be set forth in the resolution or a link to such items.
(b) The city or county shall submit the proposed STAR bond project district to the secretary for a determination that the district is an eligible area as defined in K.S.A. 2021 Supp. 12-17,162, and amendments thereto.
(c) Upon the conclusion of the public hearing, and a finding by the secretary that the proposed project district is an eligible area, the governing body of the municipality shall pass an ordinance or resolution. The ordinance or resolution, including the STAR bond project district plan, the legal description of the STAR bond project district and any other public documents considered at the public hearing, shall be conspicuously posted or linked to a prominent location on the first page of the city or county's website, if the city or county has a website.
(1) An ordinance or resolution for a STAR bond project district shall:
(A) Make findings that the STAR bond project district proposed to be developed is an historic theater, or a STAR bond project as defined in K.S.A. 2021 Supp. 12-17,162, and amendments thereto;
(B) contain a STAR bond project district plan that identifies all of the proposed STAR bond project areas and identifies in a general manner all of the buildings and facilities that are proposed to be constructed or improved in each STAR bond project area. The boundaries of such STAR bond project district shall not include any area not designated in the notice required by subsection (a);
(C) provide a description of all state, federal and local tax incentives that apply or, pursuant to the STAR bond project district plan, are anticipated to apply within the STAR bond district or that apply to any business located in or, as provided in the public STAR bond project district plan or in any other public document, that will locate in the district; and
(D) contain the legal description of the STAR bond project district and may establish the STAR bond project district.
(2) If no ordinance or resolution is passed by the city or county within 30 days from the conclusion of the public hearing, then such STAR bond project district shall not be established.
(d) The governing body of a city or county may establish a STAR bond project district within that city or such city may establish a district inclusive of land outside the boundaries of the city or wholly outside the boundaries of such city upon written consent of the board of county commissioners. Prior to providing written consent, the board of county commissioners must provide notice and hold a hearing as is required of a city pursuant to subsection (a) for the establishment of a STAR bond project district.
The governing body of a county may establish a STAR bond project district within the unincorporated area of the county.
(e) One or more STAR bond projects may be undertaken by a city or county within a STAR bond project district after such STAR bond project district has been established in the manner provided by this section.
(f) No privately owned property subject to ad valorem taxes shall be acquired and redeveloped under the provisions of K.S.A. 2021 Supp. 12-17,160 et seq., and amendments thereto, if the board of county commissioners or the board of education levying taxes on such property determines by resolution adopted within 30 days following the conclusion of the hearing for the establishment of the STAR bond project district required by subsection (a) that the proposed STAR bond project district will have an adverse effect on such county or school district. The board of county commissioners or board of education shall deliver a copy of such resolution to the city or county. The city or county shall within 30 days of receipt of such resolution pass an ordinance or resolution dissolving the STAR bond project district. The provisions of this subsection shall not apply if the STAR bond project plan provides that ad valorem property tax revenues of the county or the school district levying taxes on such property will not be adversely impacted.
(g) A STAR bond project shall not include a project for a gambling casino.
(h) No new STAR bond project district may be established from the effective date of this act through July 1, 2018, except that, for STAR bond project districts established prior to the effective date of this act, the foregoing shall not prohibit a city or county from utilizing all provisions of the STAR bonds financing act, including, but not limited to, K.S.A. 2021 Supp. 12-17,171, and amendments thereto.
History: L. 2007, ch. 179, § 6; L. 2017, ch. 84, § 2; L. 2021, ch. 46, § 3; July 1.
Structure Kansas Statutes
Chapter 12 - Cities And Municipalities
Article 17 - Buildings, Structures And Grounds
12-1708 Use of utility building or equipment for governmental purposes.
12-1708a Leasing of certain property for industrial development.
12-1708b Same; resolution; records.
12-1736 Acquisition or construction of public buildings; sites; cooperating governmental units.
12-1739 Same; sale of building, when; disposition of moneys.
12-1739a Bonds and proceedings under 12-1736 et seq. validated.
12-1740 Purpose of act; revenue bonds.
12-1740a Use of eminent domain power.
12-1741 Issuance of revenue bonds by cities; lease-purchase agreements.
12-1743 Same; obligations payable solely from rentals; bonds, requirements.
12-1744 Same; pledge of facility and earnings.
12-1744b Same; findings by state board of tax appeals; filing.
12-1744c Same; certification of issuance and verification by bond counsel.
12-1744d Same; failure to file notice; ouster of members of governing body.
12-1745 Same; amount of revenue bonds.
12-1746 Same; bonds and income therefrom exempt from taxation.
12-1747 Same; revenue bonds defined; recitals.
12-1748 Same; construction of act.
12-1749 Same; act supplemental.
12-1749a Issuance of refunding bonds; conditions and restrictions.
12-1749b Issuance of revenue bonds; certain purposes prohibited.
12-1749c Same; notice to school districts.
12-1749d Same; cost and benefit analysis; hearing.
12-1750 Unsafe or dangerous structures; abandoned property; commercial real estate; definitions.
12-1751 Same; powers of governing body.
12-1752 Same; notice and hearing.
12-1753 Same; findings; resolution; contents; notice.
12-1754 Same; duties of owner after removal of structure.
12-1755 Same; salvage, sale; assessment and collection of costs; procedure.
12-1756 Same; immediate hazard; action to protect public; notice not required; cost.
12-1756b Same; annual report, contents.
12-1756c Same; procedure to obtain possession by owner; hearing.
12-1756d Same; organization's right to redeem.
12-1756e Same; petition for judicial deed; conditions.
12-1756f Organizations interested in rehabilitating abandoned property.
12-1756g Occupation of rehabilitated house by purchaser.
12-1757 Public building commission; authorized; municipal corporation.
12-1758 Same; creation of commission; acquisition of sites and facilities; pledge of revenue.
12-1759 Same; ordinance or resolution specifications.
12-1760 Same; powers of commission.
12-1762 Same; fixing of rates and charges.
12-1763 Same; rental of building space and other facilities; exception.
12-1764 Acquisition of fee title to realty.
12-1764a Transfer of property owned by Topeka public building commission to Shawnee county.
12-1766 Same; use of certain building levy to prepay rent.
12-1767 Same; revenue bonds issued by a city; resolution; protest petition; election.
12-1767b Same; revenue bonds issued by a county; resolution; protest petition; election.
12-1768 Same; invalidity of part.
12-1774a Default; payment from public funds, when.
12-1775a Tax increment financing revenue replacement fund created; transfers, calculation of amount.
12-1776a School districts; base year assessed valuation.
12-1777 Relocation assistance plan.
12-1778 Object of taxes levied within redevelopment district.
12-1779 Issuance of industrial revenue bonds in redevelopment district.
12-1780g Application of act, by ordinance.
12-1782 Business improvement districts; definitions.
12-1783 Same; authorization; purpose.
12-1785 Same; appointment of planning committee; report.
12-1787 Same; notice; hearing.
12-1788 Same; creation of district by ordinance.
12-1789 Same; protest petition to repeal ordinance; dissolution of district.
12-1790 Same; advisory board; duties.
12-1791 Same; levy of service fees; classification of businesses; factors to consider.
12-1793 Same; modification of included area; notice, hearing.
12-1795 Self-supported municipal improvement district; definitions.
12-1798 Same; amendment to ordinance; effect; protest petition.
12-1799 Same; dissolution of district, when; withdrawal of dissolution, when.
12-17,101a Same; hearing required before contract let or improvement authorized; notice.
12-17,102 Same; advisory board; report; consultation with planning commission; tax levy.
12-17,104 Same; acquisition of property by gift, purchase, exchange or eminent domain; procedure.
12-17,105 Same; establishment of funds.
12-17,114 Neighborhood revitalization; title of act.
12-17,116 Same; designation of revitalization area; findings.
12-17,117 Same; revitalization plan, contents; notice and hearing.
12-17,119 Same; interlocal agreements.
12-17,120 Same; act not exclusive authority for revitalization.
12-17,121 Downtown redevelopment act; purpose; citation of act.
12-17,124 Same; application of real property owners for tax benefits; approval or denial, criteria.
12-17,140 Transportation development district act; citation.
12-17,142 Same; creation of district; petition; procedure.
12-17,143 Same; special assessments, procedure; act not exclusive authority.
12-17,144 Same; notice; public hearing; governing body's action.
12-17,145 Same; sales tax; director of taxation, duties.
12-17,146 Same; limitations on suits challenging actions under act.
12-17,147 Same; methods of financing.
12-17,147a Same; costs of project, how paid.
12-17,148 Same; fund of the district.
12-17,149 Same; bonds; loans from the transportation revolving fund.
12-17,150 Same; secretary of revenue, duties; report.
12-17,151 Same; application to existing districts.
12-17,152 Public improvement districts; creation.
12-17,155 Same; issuance and sale of general obligation bonds; election.
12-17,160 Purpose of act; issuance of sales tax and revenue bonds.
12-17,163 City or county may designate building as historic theater.
12-17,165 Procedure for establishing STAR bond project district; hearings; notice; limitations.
12-17,167 Approval of secretary; limitations; interest rate of bond issue.
12-17,170 Default; payment from public funds, when.
12-17,173 Relocation assistance plan.
12-17,175 Certain STAR bond projects; limitation on authorized issuance of bonds; interest rate.
12-17,179 Application of act, by ordinance; expiration of act.