12-1771. Procedure for establishing redevelopment district or bioscience development district; hearings; notice to landowners; modification of district boundaries. (a) Resolution procedure for a redevelopment district or bioscience development district. When a city proposes to establish a redevelopment district or when the Kansas bioscience authority proposes to establish a bioscience development district within an eligible area, the city or the Kansas bioscience authority shall adopt a resolution stating that the city or the Kansas bioscience authority is considering the establishment of a redevelopment district or a bioscience development district. Such resolution shall:
(1) Give notice that a public hearing will be held to consider the establishment of a redevelopment district or bioscience development district and fix the date, hour and place of such public hearing;
(2) describe the proposed boundaries of the redevelopment district or bioscience development district;
(3) describe the district plan;
(4) state that a description and map of the proposed redevelopment district or bioscience development district are available for inspection at a time and place designated; and
(5) state that the governing body will consider findings necessary for the establishment of a redevelopment district or bioscience development district.
Notice shall be given as provided in subsection (c) of K.S.A. 12-1772, and amendments thereto.
(b) Posthearing procedure. Upon the conclusion of the public hearing, the governing body may pass an ordinance. (1) An ordinance for a redevelopment district shall: (A) Make findings that the redevelopment district proposed to be developed is an eligible area; and the conservation, development or redevelopment of such area is necessary to promote the general and economic welfare of the city; (B) contain the district plan as approved; and (C) contain the legal description of the redevelopment district and may establish the redevelopment district. Such ordinance shall contain a district plan that identifies all of the proposed redevelopment project areas and identifies in a general manner all of the buildings and facilities that are proposed to be constructed or improved in each redevelopment project area. The boundaries of such district shall not include any area not designated in the notice required by subsection (a).
(2) An ordinance for a bioscience development district shall make findings that the area satisfies the definition of a bioscience area and the creation of a bioscience district will contribute to the development of bioscience in the state and promote the general and economic welfare of the city. Such ordinance shall also contain the district plan as approved and contain the legal description of the bioscience development district. Such ordinance shall contain a development district plan that identifies all of the proposed bioscience development project areas and identifies in a general manner all of the buildings and facilities that are proposed to be constructed or improved in each bioscience development project area. The boundaries of such district shall not include any area not designated in the notice required by subsection (a). No bioscience development district shall be established without the approval of the Kansas bioscience authority. In creating a bioscience development district, eminent domain shall not be used to acquire agricultural land.
(c) The governing body of a city may establish a redevelopment district within that city, and, with the Kansas bioscience authority's approval, may establish a bioscience development district within that city. 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 shall be subject to the same procedure for public notice and hearing as is required of a city pursuant to subsection (a) for the establishment of a redevelopment district or bioscience development district. One or more redevelopment projects or bioscience development projects may be undertaken by a city within a redevelopment district or bioscience development district after such redevelopment district or bioscience development district has been established in the manner provided by this section.
(d) No privately owned property subject to ad valorem taxes shall be acquired and redeveloped under the provisions of K.S.A. 12-1770 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 redevelopment district or bioscience development district required by subsection (b) that the proposed redevelopment district or bioscience development 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. The city shall within 30 days of receipt of such resolution pass an ordinance terminating the redevelopment district or bioscience development district.
(e) Addition to area; substantial change. Any addition of area to the redevelopment district or bioscience development district or any substantial change as defined in K.S.A. 12-1770a, and amendments thereto, to the district plan shall be subject to the same procedure for public notice and hearing as is required for the establishment of the district.
(f) Any addition of any area to the redevelopment district or bioscience development district shall be subject to the same procedure for public notice and hearing as is required for the establishment of the redevelopment district or bioscience development district. The base year assessed valuation of the redevelopment district or bioscience development district following the addition of area shall be revised to reflect the base year assessed valuation of the original area and the added area as of the date of the original establishment of the redevelopment district or bioscience development district.
(g) A city may remove real property from a redevelopment district or bioscience development district by an ordinance of the governing body. If more than a de minimus amount of real property is removed from a redevelopment district or bioscience development district, the base year assessed valuation of the redevelopment district or bioscience development district shall be revised to reflect the base year assessed valuation of the remaining real property as of the date of the original establishment of the redevelopment district or bioscience development district.
(h) A city may divide the real property in a redevelopment district or bioscience development district, including real property in different redevelopment district or bioscience development project areas within a redevelopment district or bioscience development district, into separate redevelopment districts or bioscience development districts. The base year assessed valuation of each resulting redevelopment district or bioscience development district following such division of real property shall be revised to reflect the base year assessed valuation of the area of each resulting redevelopment district or bioscience development district as of the date of the original establishment of the redevelopment district or bioscience development district. Any division of real property within a redevelopment district or bioscience development district into more than one redevelopment district or bioscience development district shall be subject to the same procedure of public notice and hearing as is required for the establishment of the redevelopment district or bioscience development district.
(i) If a city has undertaken a redevelopment project or bioscience development project within a redevelopment district or bioscience development district, and either the city wishes to subsequently remove more than a de minimus amount of real property from the redevelopment district or bioscience development district or the city wishes to subsequently divide the real property in the redevelopment district or bioscience development district into more than one redevelopment district or bioscience development district, then prior to any such removal or division the city must provide a feasibility study which shows that the tax increment revenue from the resulting redevelopment district or bioscience development district within which the redevelopment project or bioscience development project is located is expected to be sufficient to pay the redevelopment project costs or bioscience development project costs.
(j) Removal of real property from one redevelopment district or bioscience development district and addition of all or a portion of that real property to another redevelopment district or bioscience development district may be accomplished by the adoption of an ordinance and in such event the determination of the existence or nonexistence of an adverse effect on the county or school district under subsection (d) shall apply to both such removal and such addition of real property to a redevelopment district or bioscience development district.
(k) Any addition to, removal from or division of real property or a substantial change as defined in K.S.A. 12-1770a, and amendments thereto, to a bioscience development district may be made only with the approval of the Kansas bioscience authority.
(l) A bioscience development district may be established in the unincorporated area of a county by resolution of the board of county commissioners governing the area if:
(1) The Kansas bioscience authority has proposed to establish a bioscience development district there; and
(2) the board of county commissioners follows the notice, hearing and approval procedures required of a city to establish a bioscience development district.
(m) When establishing a bioscience development district as described in subsection (1), any references to "city" contained in this section shall mean "county" and any references to "ordinance" shall mean "resolution."
History: L. 1976, ch. 69, § 2; L. 1979, ch. 52, § 2; L. 1982, ch. 75, § 7; L. 1984, ch. 74, § 2; L. 1988, ch. 78, § 2; L. 1991, ch. 59, § 1; L. 1992, ch. 202, § 11; L. 1993, ch. 213, § 1; L. 1994, ch. 63, § 2; L. 1996, ch. 228, § 2; L. 1997, ch. 162, § 1; L. 1998, ch. 17, § 2; L. 1998, ch. 169, § 1; L. 1998, ch. 199, § 22; L. 1999, ch. 83, § 4; L. 2001, ch. 103, § 3; L. 2004, ch. 112, § 26; L. 2004, ch. 183, § 1; L. 2005, ch. 132, § 2; L. 2007, ch. 179, § 23; 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.