12-1771e. Flood-plain condition redevelopment district; financing of investigation and remediation of flooding; tax increments, procedures and requirements. (a) The governing body of a city may establish an increment in ad valorem taxes using the procedure set forth in subsection (b) for projects that are initiated upon a finding that the area is a blighted area as defined under K.S.A. 12-1770a, and amendments thereto, when the following conditions exist:
(1) A majority of the property in the proposed district has been identified by a Kansas licensed professional engineer and the United States federal emergency management agency as existing in the 100-year flood-plain; and
(2) the city intends to establish a redevelopment district pursuant to K.S.A. 12-1771, and amendments thereto, to wholly finance or partially finance the investigation and remediation of a flood-plain within such a district.
(b) A flood-plain increment, established after a city has found that the conditions described in subsection (c) of K.S.A. 12-1770a, and amendments thereto, exist, shall be set on a yearly basis. For purposes of this section, a yearly basis shall be a calendar year. Each year's increment shall be an amount sufficient to pay the direct cost of investigation and remediation of the flood-plain condition anticipated to be incurred that year including principal and interest due on any special obligation bonds or full faith and credit tax increment bonds issued to finance in whole or in part the remediation and investigation, costs relating to remediation investigation and feasibility studies, operation and maintenance expenses and other expenses relating directly to the investigation of flooding. Each year's flood-plain increment shall not exceed 20% of the amount of taxes that are produced by all taxing subdivisions within any currently existing or subsequently created redevelopment district area in the year the redevelopment district is first established, notwithstanding that such subdivision was not required to receive notice of the establishment of the district.
(c) The budget that established the yearly flood-plain increment shall be certified by the city to the county clerk and county treasurer no later than August 15th, preceding the calendar year for which the budget is being set. Funds derived from a flood-plain increment established by this section and interest on all funds derived from a flood-plain increment established by this section may be used only for projects involving the investigation and remediation of the flood-plain in the district.
(d) The real property taxes produced by the flood-plain increment established under subsection (b) from a redevelopment district established under the provisions of K.S.A. 12-1771, and amendments thereto, and this section shall be allocated and paid by the county treasurer to the treasurer of the city and deposited in a special separate fund of the city to pay the direct cost of investigation and remediation of flooding in the redevelopment district.
(e) A redevelopment district created under the provisions of this section shall constitute a separate taxing district. If all costs for such investigation and remediation of flooding in the redevelopment district have been paid and moneys remain in the special fund, such moneys shall be remitted to each taxing subdivision which paid moneys into the special fund on the basis of the proportion which the total amount of moneys paid by such taxing subdivision into the special fund bears to the total amount of all moneys paid by all taxing subdivisions into the fund.
(f) Nothing in this section shall prevent any city from establishing a redevelopment district for other purposes pursuant to K.S.A. 12-1770 et seq., and amendments thereto, which may include part or all of the real property included in the district established under this section.
(g) Redevelopment projects relating to flooding investigation and remediation under this section, shall be completed within 20 years.
(h) Nothing in this section shall be construed to affect the obligations of the county to annually review the fair market value of property in accordance with procedures set by law or to affect the right of any taxpayer to protest and appeal the appraised or reappraised value of their property in accordance with procedures set forth by law.
(i) For the purposes of this act, the governing body of a city may pledge increments receivable in future years to pay costs directly relating to the investigation and remediation of flood-plain areas. The provisions in such contracts pertaining to pledging increments in future years shall not be subject to K.S.A. 10-1101 et seq. or 79-2925 et seq., and amendments thereto.
(j) The provisions of this section shall be effective on and after July 1, 2004.
History: L. 2004, ch. 173, § 20; L. 2005, ch. 53, § 2; 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.