12-1772.   Procedure for establishing a redevelopmentproject or bioscience development project; project plan; hearing; posthearingchanges.(a) Redevelopment projects. Oneor more redevelopment projects or bioscience development projects may beundertaken by a city within an established redevelopment district orbiosciencedevelopment district. Any suchproject plan maybe implemented in separate development stages. Any city proposing to undertakea redevelopment project or bioscience development project within aredevelopmentdistrict or bioscience development district established pursuant toK.S.A. 12-1771, andamendments thereto,shall prepare a project plan in consultation with the planningcommission of the cityand, in the case of abioscience development district, with the approval of the bioscienceauthority. Theproject plan shall include:

      (1)   A summary of the feasibility study done as defined in K.S.A.12-1770a, and amendments thereto, which will be an open record;

      (2)   a reference to the district plan established underK.S.A. 12-1771, andamendments thereto, that identifies the redevelopment or biosciencedevelopment project area that is setforth in theproject plan that is being considered;

      (3)   a description and map of the redevelopment or biosciencedevelopment project area to beredeveloped;

      (4)   the relocation assistance plan required by K.S.A. 12-1777, and amendmentsthereto;

      (5)   a detailed description of the buildings and facilities proposed to beconstructed orimproved in such area; and

      (6)   any other information the governing body deems necessary to advise thepublic of theintent of the project plan.

      (b)   Resolution requirements. A copy of the redevelopmentproject plan orbioscience development projectplanshall be delivered to theboard of county commissioners of the county and the board of education of anyschool districtlevying taxes on property within the proposed redevelopment project area orbiosciencedevelopment project area. Upona finding by the planning commission that the project plan isconsistentwith the intent of the comprehensive plan for the development of thecity, thegoverning body of the city shall adopt a resolution stating that the city isconsidering the adoption of the project plan. Such resolution shall:

      (1)   Give notice that a public hearing will be held to consider the adoptionof theredevelopment project plan or bioscience development project plan andfix the date,hour and place of such publichearing;

      (2)   describe the boundaries of the redevelopment district or biosciencedevelopment district within which theredevelopment or bioscience developmentproject will be located and the date of establishment of such district;

      (3)   describe the boundaries of the area proposed to be included within theredevelopment project area or bioscience developmentproject area; and

      (4)   state that the project plan, including a summary of thefeasibilitystudy, relocationassistance plan and financial guarantees of the prospective developer and adescription and map ofthe area to be redeveloped or developed are available for inspectionduring regular officehours in the office of thecity clerk.

      Except as provided in paragraph (3) of subsection (b) of K.S.A. 12-1774, andamendmentsthereto, if the governing body determines that it may issue full faith andcredit tax increment bonds to finance the redevelopment project orbiosciencedevelopment project, in whole or inpart, the resolution also shall include notice thereof.

      (c) (1)   Hearing. The date fixed for the public hearing shall benot less than 30 nor more than70 days following the date of the adoption of the resolution fixing the date ofthe hearing.

      (2)   A copy of the resolution providing for the public hearing shall beby certified mail, return receipt requested, sent to the boardof county commissioners of the county and the board of education of any schooldistrict levyingtaxes on property within the proposed redevelopment project area orbiosciencedevelopment district project area. If the project is a biosciencedevelopment project, a copy of the resolution providing for the public hearingshall also be sent by certified mail, return receipt requested, to the Kansasdevelopment finance authority. Copies alsoshall be sent by certified mail, return receipt requested to each owner andoccupant of land within theproposed redevelopment project area or bioscience development projectarea not morethan 10 days following the date ofthe adoption of the resolution. The resolution shall be published once in theofficial city newspaper not less than one week nor more than two weeksprecedingthe date fixed for the public hearing. A sketch clearly delineating the area insufficient detail to advise the reader of the particular land proposed to beincluded within the project area shall be published with the resolution.

      (3) At the public hearing, a representative of the city shall present thecity's proposedproject plan. If the hearing is for a proposed bioscience developmentproject, a representative of the Kansas bioscience authority shallassist in presenting the proposed bioscience project plan. Following thepresentation of the project plan, allinterestedpersons shall be given anopportunity to be heard. The governing body for good cause shown may recesssuch hearing to a timeand date certain, which shall be fixed in the presence of persons in attendanceat the hearing.

      (d)   The public hearing records and feasibility study shall be subject to theopen records act,K.S.A. 45-215, and amendments thereto.

      (e)   Posthearing procedure. Following the public hearing, thegoverning body may adopt theproject plan by ordinance passed upon a 2/3 vote and, in the case of abioscience project plan, with the approval of the bioscience authority.

      (f)   Any substantial changes as defined in K.S.A.12-1770a, and amendments thereto, to the project plan as adoptedshall besubject to a public hearing following publication of notice thereof at leasttwice in the official city newspaper.

      (g)   Any project shall be completed within 20 years from thedate of the approval of theproject plan.

      (h)   A bioscience development project may be undertaken in a biosciencedevelopment district in the unincorporated area of a county by resolution ofthe board of county commissioners governing the area if:

      (1)   The bioscience development project is approved by the Kansas bioscienceauthority; and

      (2)   the board of county commissioners follows the notice, hearing andapprovalprocedures required of a city to establish a bioscience development project.

      (i)   When establishing a bioscience development project as described insubsection (h), any references to "city" contained in this section shall mean"county".

      History:   L. 1976, ch. 69, § 3;L. 1979, ch. 52, § 3;L. 1981, ch. 173, § 26;L. 1982, ch. 75, § 8;L. 1984, ch. 74, § 3;L. 1988, ch. 78, § 3;L. 2001, ch. 103, § 7;L. 2004, ch. 112, § 27;L. 2005, ch. 132, § 4; Apr. 21.