12-5246.   Same; nullification of plan, when.(a) At the public hearing, a representative of the city orcounty shall present the proposed plan for the development or renovation ofhousing in the proposed district. Each project proposed for the district shallbe identified and explained. At the hearing the developer or developers thathave contracted with the city to undertake such project shall be identified andpresent in person or through such developer's representative.Following thepresentation, all interested persons shall be given an opportunity to be heard.The governing body for good cause shown may recess such hearing to a time anddate certain, which shall be fixed in the presence of persons in attendance atthe hearing.

      (b)   Upon the conclusion of the public hearing, the governing body may adoptthe plan for the district and may establish the district by ordinance or, inthe case of any county, by resolution. The boundaries of such district shallnot include any area not designated in the notice required by K.S.A.12-5245.Any addition of area to the district or any substantial change to the planshall be subject to the same procedure for public notice and hearing asrequired for the initial establishment of the district.

      (c)   The ordinance or resolution establishing the district shall be null andvoid if, within 30 days following the conclusion of the hearing:

      (1)   The board of education levying taxes on such property determines byresolution that the proposed district will have an adverse effect on suchschool district;

      (2)   the governing body of any city located within three miles of [the]districtproposed to be established by a county determines by ordinance that theproposed district will have an adverse effect on such city; or

      (3)   the board of county commissioners of the county in which a citygoverning body proposes to establish such a district determines byresolution that the proposed district will have an adverse effect on suchcounty.

      History:   L. 1998, ch. 66, § 6;L. 2008, ch. 92, § 2; Apr. 24.