12-17,166.   Procedure for establishing STAR bondproject; feasibility study; project plan; hearings; notice; posthearingchanges; transmittal of documents to county and school district; projectcommencement and completion.(a) One or more projects may be undertaken by a city orcounty within an established STAR bond project district. Any city or countyproposing to undertake a STAR bondproject, shall prepare aSTAR bond project plan in consultationwith the planning commission of the city, and in consultation with the planningcommission of the county, if any, if such project is located wholly outsidethe boundaries of the city. Any such project plan may be implemented inseparate developmentstages.

      (b)   Any city or county proposing to undertake a STAR bond project within aSTAR bond project district established pursuant to K.S.A. 2009 Supp. 12-17,165,andamendments thereto, shall prepare a feasibility study. Thefeasibility study shall contain the following:

      (1)   Whether a STAR bond project's revenueand tax increment revenue and other available revenues under K.S.A. 2009 Supp.12-17,169, andamendments thereto, are expected to exceed or be sufficient to pay for theproject costs;

      (2)   the effect, if any, a STAR bond project will have on any outstandingspecial obligation bonds payable from the revenuesdescribed in K.S.A. 2009 Supp. 12-17,169, and amendments thereto;

      (3)   a statement of how the jobs and taxes obtained from the STAR bond projectwill contribute significantly to the economicdevelopment of the state and region;

      (4)   visitation expectations;

      (5)   the unique quality of the project;

      (6)   economic impact study;

      (7)   market study;

      (8)   market impact study;

      (9)   integration and collaboration with other resources or businesses;

      (10)   the quality of service and experience provided, as measured againstnational consumer standards for the specific target market;

      (11)   project accountability, measured according to best industry practices;

      (12)   the expected return on state and local investment that the project isanticipated to produce;

      (13)   a statement concerning whether a portion of the local sales and usetaxes are pledged to other uses and are unavailable as revenue for the STARbond project. If a portion of local salesand use taxes is so committed, the applicant shall describe the following:

      (A)   The percentage of city and county sales and use taxes collected that areso committed; and

      (B)   the date or dates on which the city and county sales and use taxespledged to other uses can be pledged for repayment of bonds; and

      (14)   an anticipated principal and interest payment schedule on the bondissue.

      The failure to include all information enumerated in this subsection in thefeasibility study for a STAR bond project shall not affect the validity ofbonds issued pursuant to this act.

      (c)   If the city or county determines the project is feasible, the projectplan shall include:

      (1)   A summary of the feasibility study done as defined in subsection (b) ofthis section, and amendments thereto;

      (2)   a reference to the district plan established under K.S.A. 2009 Supp.12-17,165, andamendments thereto, that identifies the project area that is set forth in theproject plan that is being considered;

      (3)   a description and map of the project area to be redeveloped;

      (4)   the relocation assistance plan as described in K.S.A. 2009 Supp.12-17,172, and amendmentsthereto;

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

      (6)   any other information the governing body of the city or county deemsnecessary to advise the public of the intent of the project plan.

      (d)   A copy of the STAR bond project plan prepared by a city shall bedelivered to the board of county commissionersof the county and the board of education of any school district levying taxeson property within the STAR bond project area. Acopy of the STAR bond project plan prepared by a county shall be delivered tothe board of education of any schooldistrict levying taxes on property within the STAR bond project area.

      (e)   Upon a finding by the planning commission that the STAR bond project planis consistent with the intent of thecomprehensive plan for the development of the city, and a finding by theplanning commission of the county, if any, with respect to a STAR bond projectlocated wholly outside the boundaries of thecity, that the STAR bond project plan isconsistent with the intent of the comprehensive plan for the development of thecounty, the governing body of the city or county shall adopt a resolutionstating that the city or county is considering the adoption of the STAR bondproject plan. Such resolution shall:

      (1)   Give notice that a public hearing will be held to consider the adoptionof the STAR bond project plan and fixthe date, hour and place of such public hearing;

      (2)   describe the boundaries of the STAR bond project district within whichthe STAR bond project will be located and the date of establishment of suchdistrict;

      (3)   describe the boundaries of the area proposed to be included within theSTAR bond project area; and

      (4)   state that the STAR bond project plan, including a summary of thefeasibility study, market study, relocationassistance plan and financial guarantees of the prospective developer and adescription and map of the area to be redeveloped or developed are availablefor inspection during regular office hours in the office of the city clerk orcounty clerk, respectively.

      (f) (1)   The date fixed for the public hearing to consider the adoption ofthe STAR bond project plan shall be notless than 30 nor more than 70 days following the date of the adoption of theresolution fixing the date of the hearing.

      (2)   A copy of the city or county resolution providing for the public hearingshall be by certified mail, return receipt requested, sent by the city to theboard of county commissioners of the county and by the city or county to theboard of education of any school district levying taxes on property within theproposed STAR bond project area. Copies also shallbe sent by certified mail, return receipt requested to each owner and occupantof land within the proposed STAR bond project area not more than 10 daysfollowing the date of the adoption of the resolution. Theresolution shall be published once in the official city or county newspaper notless than one week nor more than two weeks preceding the date fixed for thepublic hearing. A sketch clearly delineating the area in sufficient detail toadvise the reader of the particular land proposed to be included within theSTAR bond project area shall bepublished with the resolution.

      (3)   At the public hearing, a representative of the city or county shallpresent the city's or county's proposed STAR bond project plan. Following thepresentation of the STAR bond projectarea, all interested persons shall be given anopportunity to be heard. The governing body for good cause shown may recesssuch hearing to a time and date certain, which shall be fixed in the presenceof persons in attendance at the hearing.

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

      (h)   Upon conclusion of the public hearing, the governing body may adopt theSTAR bond project plan by ordinance orresolution passed upon a two-thirds vote of the members.

      (i)   After the adoption by the city or county governing body of a STAR bondproject plan, the clerk of the city orcounty shall transmit a copy of the description of the land within the STARbond project district, a copy of the ordinance orresolution adopting the plan and a map or plat indicating the boundaries of thedistrict to the clerk, appraiser and treasurer of the county in which thedistrict is located and to the governing bodies of the county and schooldistrict which levy taxes upon any property in the district. Such documentsshall be transmitted following the adoption or modification of the plan or arevision of the plan on or before January 1 of the year in which the incrementis first allocated to the taxing subdivision.

      (j)   If the STAR bond project plan isapproved, the feasibility study shall be supplemented to include a copy of theminutes of the governing body meetings of any city or county whose bondingauthority will be utilized in the STAR bond project, evidencing that a STARbond project plan has been created, discussed and adopted by the city or countyin aregularly scheduled open public meeting.

      (k)   Any substantial changes as defined in K.S.A. 2009 Supp.12-17,162, andamendments thereto,to the STAR bond project plan as adoptedshall be subject to a public hearing following publication of notice thereof atleast twice in the official city or county newspaper.

      (l)   Any STAR bond project shall becompleted within 20 years from the date of the approval of the STAR bondproject plan. The maximum maturity onbonds issued to finance projects pursuant to this act shall not exceed 20years.

      (m)   Kansas resident employees shall be given priorityconsideration foremployment in construction projects located in a STAR bond project area.

      (n)   Any developer of a STAR bond project shall commencework on the projectwithin two years from the date of adoptionof the STAR bond project plan. Shouldthe developer fail to commence work on the STAR bond project within thetwo-year period, funding for such project shallcease and the developer of such project or complex shall have one year toappeal to the secretary for reapproval of such project and the funding for it.Should the project be reapproved, the two-year period for commencement shallapply.

      History:   L. 2007, ch. 179, § 7;L. 2009, ch. 95, § 2; July 1.