12-17,165.   Procedure for establishing STAR bondproject district; hearings; notice; limitations.(a) When a city or county proposes to establish a STARbond project district, within an eligiblearea, the city or countyshall adopt a resolution stating that the city or county is considering theestablishment of a STAR bondproject district. Such resolution shall:

      (1)   Give notice that a public hearing will be held to consider theestablishment of a STAR bond project district and fix the date, hour and placeof 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 projectdistrict are available for inspection at atime and place designated; and

      (5)   state that the governing body will consider findings necessary for theestablishment of a STAR bond project district.

      Notice shall be given as prescribed in subsection (f)(2) ofK.S.A. 2009 Supp.12-17,166, andamendments thereto.

      (b)   The city or county shall submit the proposed STAR bond project districtto thesecretary for a determination that the district is an eligible area as definedinK.S.A. 2009 Supp.12-17,162,and amendments thereto.

      (c)   Upon the conclusion of the public hearing, and a finding by the secretarythat the proposed project district is an eligible area, the governing body ofthe municipality shall pass anordinance or resolution.

      (1)   An ordinance or resolution for a STAR bond project district shall:

      (A)   Make findings that the STAR bond project district proposed to bedeveloped is an historic theater, or a STAR bond project as defined in K.S.A.2009 Supp. 12-17,162, and amendments thereto;

      (B)   contain a STAR bond project district plan that identifies all of theproposed STAR bond project areas and identifies in a general manner all of thebuildings and facilities that are proposed to be constructed or improved ineach STAR bond project area. The boundaries of such STAR bond project districtshall not include any area not designated in the notice required by subsection(a); and

      (C)   contain the legal description of the STAR bond project district and mayestablish the STAR bond project district.

      (2)   If no ordinance or resolution is passed by the city or county within 30days from the conclusion of the public hearing, then such STAR bond projectdistrict shall not be established.

      (d)   The governing body of a city or county may establish a STAR bond projectdistrict within that city or such city may establish a district inclusive ofland outside the boundaries of the city or wholly outside the boundaries ofsuch city upon written consent of the board of county commissioners. Prior toproviding written consent, the board of county commissioners must providenotice 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 districtwithin the unincorporated area of the county.

      (e)   One or more STAR bond projects may beundertaken by a city or county within a STAR bond project district after suchSTAR bond project district has been established in the manner provided bythis section.

      (f)   No privately owned property subject to ad valorem taxes shall be acquiredand redeveloped under the provisions ofK.S.A. 2009 Supp.12-17,160 et seq.,and amendmentsthereto, if the board of county commissioners or the board of education levyingtaxes on such property determines by resolution adopted within 30 daysfollowing the conclusion of the hearing for the establishment of the STARbond project district required by subsection(a) that the proposed STAR bond project district will have an adverse effect onsuch county or school district. Theboard of county commissioners or board of education shall deliver a copy ofsuch resolution to the city or county. The city or county shall within 30 daysof receipt of such resolution pass an ordinance or resolution dissolving theSTAR bond project district. The provisionsof this subsection shall not apply if the STAR bond project plan provides thatad valorem property taxrevenues of the county or the school district levying taxes on such propertywill not be adversely impacted.

      (g)   A STAR bond project shall not include a project for a gambling casino.

      History:   L. 2007, ch. 179, § 6; July 1.