12-5245.   Same; adoption of development orredevelopment plan; contents; hearing, notice.(a) Upon receipt of the approval of the secretary asprovided in subsection (c) of K.S.A. 12-5244, the governing body mayproceedwith the establishment of the district. Before doing so, the governing bodyshall adopt a plan for the development or redevelopment of housing and publicfacilities in the proposed district. Such plan may include plans for one ormore projects, and the length of any individual project shall not exceed 15years. The plan shall include, but not be limited to, the following:

      (1)   The legal description and map required by subsection (a) of K.S.A.12-5244.

      (2)   The existing assessed valuation of the real estate in the proposeddistrict, listing the land and improvement values separately;

      (3)   A list of the names and addresses of the owners of record of all realestate parcels within the proposed district;

      (4)   A description of the housing and public facilities project or projectsthat are proposed to be constructed or improved in the proposed district, andthe location thereof;

      (5)   A listing of the names, addresses and specific interests in real estatein the proposed district of the developers responsible for development of thehousing and public facilities in the proposed district;

      (6)   The contractual assurances, if any, the governing body has received fromsuch developer or developers, guaranteeing the financial feasibility ofspecific housing tax incentive projects in the proposed district;

      (7)   A comprehensive analysis of the feasibility of providing housing taxincentives in the district as provided in this act, which shows the publicbenefits derived from such district will exceed the costs and that the incometherefrom, together with other sources of funding, will be sufficient to payfor the public improvements that may be undertaken in such district. If othersources of public or private funds are to be used to finance the improvements,they shall be identified in the analysis.

      (b)   Prior to the adoption of the plan and designation of the district, thegoverning body shall adopt a resolution stating that the governing body isconsidering such action. The resolution shall provide notice that a publichearing will [be] held to consider the adoption of the plan and thedesignation ofthe district and contain the following elements:

      (1)   The date, hour and place of the public hearing;

      (2)   The contents of paragraphs (1) through (4) in subsection (a) of thissection;

      (3)   A summary of the contractual assurances by the developer andcomprehensive feasibility analysis; and

      (4)   A statement that the plan is available for inspection at the office ofthe clerk of the city or county at normal business hours;

      (5)   A statement inviting members of the public to review the plan and attendthe publichearing on the date announced in the resolution;

      (c)   The date fixed for the public hearing shall be not less than 30 nor morethan 70 days following the date of the adoption of the resolution. Theresolution shall be published at least once in the official newspaper of thecity or county, with the final publication being not less than one week or morethan two weeks preceding the date fixed for the public hearing.

      (d)   A certified copy of the resolution shall be delivered to the planningcommission of the city or county and the board of education of any schooldistrict levying taxes on property within the proposed district. If theresolution is adopted by a city governing body, a certified copy also shall bedelivered to the board of county commissioners of the county. If the resolutionis adopted by a county governing body, it also shall be delivered to thegoverning body of any city located within three miles of such proposeddistrict.

      History:   L. 1998, ch. 66, § 5; July 1.