12-6a01.   Procedures for certain improvements and forfinancing costs;definitions.For the purpose of this act, the terms defined in this section shall have themeanings ascribed to them as follows:

      (a)   "Improvement" means any type of improvement made under authority of thisact and the singular may include the plural, and includes reimprovement of aprior improvement.

      (b)   "To improve" means to construct, reconstruct, maintain, restore, replace,renew, repair, install, equip, extend or to otherwise perform any work whichwill provide a new facility or enhance, extend or restore the value or utilityof an existing facility.

      (c)   "Acquire" means the acquisition of property or interests in propertyby purchase, gift, condemnation or other lawful means, includingimprovements authorized to be constructed under this act, and may includetheacquisition of existing property and improvements already owned by the cityand previously financed by the issuance of revenue bonds, such acquisitionto constitute a refunding of such revenue bonds and no additional refundingauthority shall be required but nothing herein shall be construed to require aholder of any such revenue bonds to surrender bonds for refunding unless theprovisions of such bonds allow the redemption thereof.

      (d)   "Cost" means all costs necessarily incurred for the preparation ofpreliminary reports, the preparation of plans and specifications, thepreparation and publication of notices of hearings, resolutions, ordinances andother proceedings, necessary fees and expenses of consultants and interestaccrued on borrowed money during the period of construction together with thecost of land, materials, labor and other lawful expenses incurred in planningand doing any improvement and may include a charge of not to exceed 5% of thetotal cost of an improvement or the cost of work done by the city to reimbursethe city for the services rendered by the city in the administration andsupervision of such improvement by its general officers, any necessaryreserves and where property andimprovements already owned by the city and previously financed by the issuanceof revenue bonds is acquired the cost shall include not to exceed the principalamount of such outstanding revenue bonds plus the amount of matured interest,interest maturing within 90 days, and the amount of any call premium orpurchase premium required.

      (e)   "Consultant" means engineers, architects, planners, attorneys andother persons deemed competent to advise and assist the governing body inplanning and making of improvements.

      (f)   "Improvement district" means:

      (1)   An area deemed by the governing body to be benefited by animprovement and subject to special assessment for all or a portion of the costof the improvement; or

      (2)   an area described in a petition submitted in accordance with subsection(c) or (d) of K.S.A. 12-6a04, and amendments thereto, and subject to a specialassessment for all or a portion of the cost of the improvement.

      (g)   "Street" means street, alley, avenue, boulevard, or other public wayor any part thereof.

      (h)   "Newspaper" means the official designated newspaper of the city, orif there is no newspaper published therein or no official newspaper, anewspaper of general circulation in the city authorized to publish legalnotices.

      (i)   "Asbestos" means the asbestiform varieties of chrysotile (serpentine),crocidolite (riebeckite), amosite (cummingtonitegrunerite), anthophyllite,tremolite and actinolite.

      (j)   "Asbestos-containing material" means any material or product whichcontains more than 1% asbestos.

      (k)   "Asbestos control project" means any activity which is necessary orincidental to the control of asbestos-containing material in any municipallyowned building or privately owned building, which has been declared by thegoverning body to be for a public purpose and a benefit to the general health,safety and welfare or to the general economic development of the area within[which]such privately owned buildings are located. Such project shall include, but notby way of limitation, any activity undertaken for:

      (1)   The removal or encapsulation of asbestos-containing material;

      (2)   any remodeling, renovation, replacement, rehabilitation or otherrestoration necessitated by such removal or encapsulation;

      (3)   conducting inspections, reinspections and periodic surveillance ofbuildings;

      (4)   performing response actions;

      (5)   developing, implementing and updating operations and maintenanceprograms and management plans; and

      (6)   all preparation, cleanup, disposal and postabatement clearance testingmeasures associated with such activities.

      (l)   "Lead control project" means any activity which is necessary orincidental to the control of any lead hazard in any municipally owned buildingor privately owned building, which has been declared by the governing body tobe for a public purpose and a benefit to the general health, safety and welfareor to the general economic development of the area within [which] suchprivately ownedbuildings are located. Such project shall include, but not by way oflimitation, any activity undertaken for:

      (1)   The removal of lead-based paint and lead-contaminated dust, the permanentcontainment or encapsulation of lead-based paint, the replacement oflead-painted surfaces or fixtures, and the removal or covering of leadcontaminated soil;

      (2)   any remodeling, renovation, replacement, rehabilitation or otherrestoration necessitated by such removal or encapsulation;

      (3)   conducting inspections, reinspections and periodic surveillance ofbuildings;

      (4)   performing response actions;

      (5)   developing, implementing and updating operations and maintenanceprograms and management plans; and

      (6)   all preparation, cleanup, disposal and postabatement clearance testingmeasures associated with such activities.

      (m)   "Lead hazard" means any condition which causes exposure to lead thatwould result in adverse human health effects.

      (n)   "Bonds" means general obligation bonds or special obligationbonds.

      History:   L. 1957, ch. 99, § 1; L. 1968, ch. 408, §1;L. 1996, ch. 231, § 7;L. 2003, ch. 120, § 1;L. 2007, ch. 171, § 2; May 17.