17-4756.   Exercise of urban renewal project powers; divesting powersand 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 resolutiondetermines such action to be in the public interest, elect to have suchpowers 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 eventthe local governing body makes such determination, the urban renewal agencyshall be vested with all of the urban renewal project powers in the samemanner as though all such powers were conferred on such agency or authorityinstead of the municipality. If the governing body does not elect to makesuch determination, the municipality in its discretion may exercise itsurban renewal project powers through a board or commission or through suchofficers of the municipality as the governing body may by resolutiondetermine.

      (b) (1)   The governing body of any municipality which has heretoforeelected to have such powers exercised by an urban renewal agency board ofcommissioners, may by ordinance, when it shall deem such action to be inthe public interest, elect to divest such urban renewal agency board of thepowers previously conferred upon it and restore such powers to themunicipality. The governing body electing to divest any such board of urbanrenewal project powers and to exercise the same shall assume, on behalf ofthe municipality, title to all property, real or personal, owned or held bythe urban renewal agency, and shall also assume all debts, contracts andobligations lawfully incurred or entered into by the urban renewal agencyboard during the period such powers were exercised by such agency.

      (2)   Any municipality which has elected to have such powers exercised byan urban renewal agency may also, by ordinance, provide for the divisionand assignment of urban renewal powers to the agency and to themunicipality 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 theevent the governing body makes such determination, the urban renewal agencyboard shall be vested with the urban renewal powers specified by ordinancein the same manner as though such powers were conferred on such agencyinstead of the municipality.

      (3)   Any municipality electing, under subsection (b)(1) of this section,to divest such urban renewal agency board of the powers previouslyconferred upon it, may, by ordinance, abolish such urban renewal agencyboard. Any such municipality may, by subsequent ordinance, reestablish anurban 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 municipalityunder this act, except the following: The power to determine an area to bea slum or blighted area or combination thereof and to designate such areaas appropriate for an urban renewal project; the power to approve and amendurban renewal plans and to hold any public hearings required with respectthereto; 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 thedeterminations and findings provided for in K.S.A. 17-4744, 17-4746 andsubsection (d) of 17-4747; the power to issue general obligation bonds; andthe power to appropriate funds, to levy taxes and assessments, and toexercise 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 theprovisions of this act, public utilities, either publicly or privatelyowned, shall not be required to locate, remove or readjust utilityfacilities and services without fair and reasonable compensation.

      History:   L. 1955, ch. 86, § 15; L. 1975, ch. 139, §1; April 5.