12-6a29.   Same; creation of district for financingprojects; petition of owners of 55% of land area within proposed district;financing by community improvement district sales tax; contents of petition;public hearing; establishment of district.(a) In addition to any other power provided by lawand as a complete alternative to all other methods provided by law, thegoverning body of any municipality may create a district as provided bythis act for the purpose of financing projects. As an alternative to therequirements and procedures described in K.S.A. 2009 Supp. 12-6a28, andamendmentsthereto, under this section, a municipality may create a district, or maymodify a district previously created under this section, upon receipt ofa petition that is signed by the owners of more than 55% of the landarea within the proposed district, and signed by owners collectivelyowning more than 55% by assessed value of the land area within theproposed district. Under this section, the petition may be seekingfinancing in whole or in part by a proposed community improvementdistrict sales tax authorized by K.S.A. 2009 Supp. 12-6a31, and amendmentsthereto,or seeking the issuance of full faith and credit bonds authorized byK.S.A. 2009 Supp. 12-6a36, and amendments thereto, or both. The petition shallcontain:

      (1)   The general nature of the proposed project;

      (2)   the estimated cost of the project;

      (3)   the proposed method of financing the project including, ifapplicable, the issuance of full faith and credit bonds;

      (4)   the proposed amount and method of assessment, if any;

      (5)   the proposed amount of community improvement district salestax, if any;

      (6)   a map of the proposed district; and

      (7)   a legal description of the proposed district.

      (b)   Names may not be withdrawn from the petitions by the signersthereof after the governing body commences consideration of thepetitions or later than seven days after the filing of such petition with theclerk of the municipality, whichever occurs first. The petition shallcontain a notice that: (1) The names of the signers may not bewithdrawn after such a period of time; and (2) if applicable, the signersconsent to any assessments to the extent described therein withoutregard to benefits conferred by the project.

      (c)   Upon filing of the petition pursuant to this section, themunicipality shall adopt a resolution to give notice of a public hearingon the advisability of creating or modifying the district. Such resolutionshall be published at least once each week for two consecutive weeksin the newspaper and shall be sent by certified mail to all owners. Thesecond publication of such resolution shall occur at least seven daysprior to the date of hearing and the certified mailed notice shall be sentat least ten days prior to the date of hearing. Such resolution shallcontain the following information:

      (1)   The time and place of the hearing;

      (2)   the general nature of the proposed project;

      (3)   the estimated cost of the project;

      (4)   the proposed method of financing the project including, ifapplicable, the issuance of full faith and credit bonds;

      (5)   the proposed amount of the community improvement districtsales tax, if any;

      (6)   the proposed amount and method of assessment, if any;

      (7)   a map of the proposed district; and

      (8)   a legal description of the proposed district.

      (d)   The hearing on the advisability of creating or modifying thedistrict may be adjourned from time to time. Following the hearing orany continuation thereof, the governing body by majority vote maycreate the district by adoption of an ordinance or resolution. Suchordinance or resolution shall authorize the project, approve theestimated cost of the project,contain the legal description of the district, contain a map of the district,levy the community improvement district sales tax, if applicable,approve the maximum amount and method of assessment, ifapplicable, and approve the method of financing including,if applicable, the issuance of full faith and credit bonds. Such ordinanceor resolution shall become effective upon publication once in thenewspaper.

      (e)   The district boundaries and the method of financing for theproject shall not require that all property that is benefited by the project,whether the benefited property is within or without the district, beincluded in the district or be subject to an assessment or thecommunity improvement district sales tax.

      (f)   Following authorization of the project, the ordinance orresolution establishing the district shall be submitted for recording inthe office of the register of deeds of the county in which the district islocated.

      History:   L. 2009, ch. 122, § 5; July 1.