17-4756. Exercise of urban renewal project powers; divesting powers and restoring to governing body; abolishment of urban renewal agency; reestablishment of agency.
17-4756
17-4756. Exercise of urban renewal project powers; divesting powers
and restoring to governing body; abolishment of urban renewal agency;
reestablishment of agency.
(a) A municipality may itself exercise its urban renewal project powers
(as herein defined) or may, if the governing body thereof by resolution
determines such action to be in the public interest, elect to have such
powers exercised by the urban renewal agency (created by K.S.A. 17-4757)
except the powers listed in subsection (h) of K.S.A. 17-4748. In the event
the local governing body makes such determination, the urban renewal agency
shall be vested with all of the urban renewal project powers in the same
manner as though all such powers were conferred on such agency or authority
instead of the municipality. If the governing body does not elect to make
such determination, the municipality in its discretion may exercise its
urban renewal project powers through a board or commission or through such
officers of the municipality as the governing body may by resolution
determine.
(b) (1) The governing body of any municipality which has heretofore
elected to have such powers exercised by an urban renewal agency board of
commissioners, may by ordinance, when it shall deem such action to be in
the public interest, elect to divest such urban renewal agency board of the
powers previously conferred upon it and restore such powers to the
municipality. The governing body electing to divest any such board of urban
renewal project powers and to exercise the same shall assume, on behalf of
the municipality, title to all property, real or personal, owned or held by
the urban renewal agency, and shall also assume all debts, contracts and
obligations lawfully incurred or entered into by the urban renewal agency
board during the period such powers were exercised by such agency.
(2) Any municipality which has elected to have such powers exercised by
an urban renewal agency may also, by ordinance, provide for the division
and assignment of urban renewal powers to the agency and to the
municipality itself, except the powers listed in subsection (h) of K.S.A.
17-4748 shall not be assigned to any urban renewal agency board. In the
event the governing body makes such determination, the urban renewal agency
board shall be vested with the urban renewal powers specified by ordinance
in the same manner as though such powers were conferred on such agency
instead of the municipality.
(3) Any municipality electing, under subsection (b)(1) of this section,
to divest such urban renewal agency board of the powers previously
conferred upon it, may, by ordinance, abolish such urban renewal agency
board. Any such municipality may, by subsequent ordinance, reestablish an
urban renewal agency board which has been previously abolished.
(c) As used in this section, the term "urban renewal project powers"
shall include the rights, powers, functions and duties of a municipality
under this act, except the following: The power to determine an area to be
a slum or blighted area or combination thereof and to designate such area
as appropriate for an urban renewal project; the power to approve and amend
urban renewal plans and to hold any public hearings required with respect
thereto; the power to establish a general plan for the locality as a whole;
the power to formulate a workable program under K.S.A. 17-4745; the powers,
duties and functions referred to in K.S.A. 17-4759; the power to make the
determinations and findings provided for in K.S.A. 17-4744, 17-4746 and
subsection (d) of 17-4747; the power to issue general obligation bonds; and
the power to appropriate funds, to levy taxes and assessments, and to
exercise other powers provided for in subsection (h) of K.S.A. 17-4748:
Provided, That in the carrying out of the urban renewal plan under the
provisions of this act, public utilities, either publicly or privately
owned, shall not be required to locate, remove or readjust utility
facilities and services without fair and reasonable compensation.
History: L. 1955, ch. 86, § 15; L. 1975, ch. 139, §
1; April 5.