12-1771.   Procedure for establishing redevelopmentdistrict or bioscience development district; hearings; notice to landowners;modification of districtboundaries.(a) Resolution procedure for a redevelopmentdistrict or bioscience development district. When a cityproposestoestablish a redevelopment district or when the Kansas bioscience authorityproposes to establish a bioscience development district within an eligiblearea, the city or the Kansas bioscience authorityshalladopt a resolution stating that the city or the Kansas bioscienceauthority is considering the establishmentof a redevelopment district or a bioscience development district. Suchresolution shall:

      (1)   Give notice that a public hearing will be held to consider theestablishment of a redevelopment district or bioscience developmentdistrict andfix the date, hour and placeof such public hearing;

      (2)   describe the proposed boundaries of the redevelopment district orbiosciencedevelopment district;

      (3)   describe the districtplan;

      (4)   state that a description and map of the proposed redevelopmentdistrict orbioscience development district are available for inspection at a time andplace designated; and

      (5)   state that the governing body will consider findings necessary forthe establishment of a redevelopment district or bioscience developmentdistrict.

      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 publichearing, the governing bodymay pass an ordinance. (1) An ordinance for aredevelopment district shall: (A) Makefindings that theredevelopment district proposed to be developed is an eligible area; andthe conservation, development or redevelopment of such area is necessary topromote the general and economic welfare of the city; (B)contain the districtplan as approved; and (C) contain the legal description ofthe redevelopmentdistrictand mayestablish the redevelopment district. Such ordinance shallcontain a districtplan that identifies all of the proposed redevelopment project areas andidentifies in a general mannerall of the buildings and facilities that are proposed to be constructed orimproved in eachredevelopment project area. The boundaries of such district shall not includeany area not designatedin the notice required by subsection (a).

      (2)   An ordinance for a bioscience development district shall make findingsthat the area satisfies the definition of a bioscience area and the creation ofa bioscience district will contribute to the development of bioscience in thestate and promote the general and economic welfare of the city. Such ordinanceshall also contain the district plan as approved and contain the legaldescription of the bioscience development district. Such ordinance shallcontaina development district plan that identifies all of the proposed biosciencedevelopment project areas and identifies in a general manner all of thebuildings and facilities that are proposed to be constructed or improved ineach bioscience development project area. The boundaries of such district shallnot include any area not designated in the notice required by subsection (a).No bioscience development district shall be established without the approval ofthe Kansas bioscience authority. In creating a bioscience developmentdistrict, eminent domain shall not be used to acquire agricultural land.

      (c)   The governing body of a city may establish aredevelopmentdistrict within that city, and, with the Kansas bioscience authority'sapproval, may establish a bioscience development district within that city.Such city may establish a district inclusiveof land outsidethe boundaries of the city or wholly outside the boundaries of such cityupon written consent of the board of countycommissioners. Prior toproviding writtenconsent, the board of county commissioners shall be subject to the sameprocedure for public notice and hearing as is required of a city pursuant tosubsection (a) for theestablishment of aredevelopment district or bioscience development district. One or moreredevelopment projects or bioscience development projects may beundertaken bya citywithin a redevelopment district or bioscience development district aftersuchredevelopment district or bioscience development districthas been establishedin the manner provided by this section.

      (d)   No privately owned property subject to ad valorem taxes shall beacquired 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 ofeducation levying taxes on such property determines by resolution adoptedwithin 30 days following the conclusion of the hearing for the establishment ofthe redevelopment district or bioscience development district requiredby subsection (b) that the proposedredevelopment district or bioscience development district will have anadverse effect on such county or schooldistrict. The board of county commissioners or board of education shalldeliver a copy of such resolution to the city. The city shall within 30 days ofreceipt of such resolution pass an ordinance terminating the redevelopmentdistrict or bioscience development district.

      (e)   Addition to area; substantial change. Any additionof area to the redevelopment district or bioscience development districtor any substantial change as defined inK.S.A. 12-1770a, and amendments thereto, to the district plan shall besubject to the same procedure for public notice and hearing as is required forthe establishment of the district.

      (f)   Any addition of any area to the redevelopment district or biosciencedevelopment district shall be subjectto the same procedure for public notice and hearing as is required for theestablishment of the redevelopment district or bioscience developmentdistrict.The base year assessed valuationof the redevelopment district or bioscience development districtfollowing theaddition of area shall be revisedto reflect the base year assessed valuation of the original area and the addedarea as of the date of the original establishment of the redevelopmentdistrict or bioscience development district.

      (g)   A city may remove real property from a redevelopment district orbiosciencedevelopment district by anordinance of the governing body. If more than a de minimus amount of realproperty is removed from a redevelopment district or biosciencedevelopmentdistrict, the base year assessedvaluation of the redevelopment district or bioscience developmentdistrict shallbe revised to reflect the baseyear assessed valuation of the remaining real property as of the date of theoriginal establishment of the redevelopment district or biosciencedevelopmentdistrict.

      (h)   A city may divide the real property in a redevelopment district orbiosciencedevelopment district,including real property in different redevelopment district or biosciencedevelopment project areas within aredevelopment district or bioscience development district, into separateredevelopment districts or bioscience development districts. The baseyearassessed valuation of each resulting redevelopment district or biosciencedevelopment district following suchdivision of real property shall be revised to reflect the base year assessedvaluation of the area of each resulting redevelopment district or biosciencedevelopment district as of the dateof the original establishment of the redevelopment district or biosciencedevelopment district. Any division ofreal property within a redevelopment district or bioscience developmentdistrictinto more than one redevelopment district or bioscience developmentdistrictshall be subject to the same procedure of public notice andhearing asis required for the establishment of the redevelopment district orbiosciencedevelopment district.

      (i)   If a city has undertaken a redevelopment project or biosciencedevelopmentproject within a redevelopment district or bioscience developmentdistrict, and either the city wishes to subsequently remove more than a deminimus amount of real property from the redevelopment district orbiosciencedevelopment district or the citywishes to subsequently divide the real property in the redevelopmentdistrict orbioscience development districtinto more than one redevelopment district or bioscience developmentdistrict,then prior to any such removal ordivision the city must provide a feasibility study which shows that the taxincrement revenue from the resulting redevelopment district or biosciencedevelopment district within which theredevelopment project or bioscience development projectis located is expectedto be sufficient to pay theredevelopment project costs or bioscience development project costs.

      (j)   Removal of real property from one redevelopment district or biosciencedevelopment district and addition ofall or a portion of that real property to another redevelopment district orbioscience development district may beaccomplished by the adoption of an ordinance and in such event thedetermination of the existence or nonexistence of an adverse effect on thecounty or school district under subsection (d) shall apply to both such removaland such addition of real property to a redevelopment district or biosciencedevelopment district.

      (k)   Any addition to, removal from or division of real property or asubstantial change as defined in K.S.A. 12-1770a, and amendments thereto, to abioscience development district may be made only with the approval of theKansas bioscience authority.

      (l)   A bioscience development district may be established in theunincorporated area of a county by resolution of the board of countycommissioners governing the area if:

      (1)   The Kansas bioscience authority has proposed to establish a biosciencedevelopment district there; and

      (2)   the board of county commissioners follows the notice, hearing andapproval procedures required of a city to establish a bioscience developmentdistrict.

      (m)   When establishing a bioscience development district as described insubsection (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.