12-1770a.Definitions.
As used in this act, and amendments thereto, the
following words and phrases shall have the following meanings unless a
different meaning clearly appears from the content:
(a) "Auto race track facility" means: (1) An auto race track facility and
facilities directly related and necessary to the operation of an auto race
track facility, including, but not limited to, grandstands, suites and viewing
areas, concessions, souvenir facilities, catering facilities, visitor and
retail centers, signage and temporary hospitality facilities, but excluding (2)
hotels, motels, restaurants and retail facilities, not directly related to or
necessary to the operation of such facility.
(b) "Base year assessed valuation" means the assessed valuation of all real
property within the boundaries of a redevelopment district on the date the
redevelopment district was established.
(c) "Blighted area" means an area which:
(1) Because of the presence of a majority of the following factors,
substantially impairs or arrests the development and growth of the municipality
or constitutes an economic or social liability or is a menace to the public
health, safety, morals or welfare in its present condition and use:
(A) A substantial number of deteriorated or deteriorating structures;
(B) predominance of defective or inadequate street layout;
(C) unsanitary or unsafe conditions;
(D) deterioration of site improvements;
(E) tax or special assessment delinquency exceeding the fair market value of
the real property;
(F) defective or unusual conditions of title including but not limited to
cloudy or defective titles, multiple or unknown ownership interests
to the property;
(G) improper subdivision or obsolete platting or land uses;
(H) the existence of conditions which endanger life or property by fire or
other causes; or
(I) conditions which create economic obsolescence; or
(2) has been identified by any state or federal environmental agency as being
environmentally contaminated to an extent that requires a remedial
investigation; feasibility study and remediation or other similar state or
federal action; or
(3) a majority of the property is a 100-year floodplain area; or
(4) previously was found by resolution of the governing body to be a slum
or
a blighted area under K.S.A. 17-4742 et seq.,
and amendments thereto.
(d) "Conservation area" means any improved area comprising 15% or less of the
land area within the corporate limits of a city in which 50% or more of the
structures in the area have an age of 35 years or more, which area is not yet
blighted, but may become a blighted area due to the existence of a combination
of two or more of the following factors:
(1) Dilapidation, obsolescence or deterioration of the structures;
(2) illegal use of individual structures;
(3) the presence of structures below minimum code standards;
(4) building abandonment;
(5) excessive vacancies;
(6) overcrowding of structures and community facilities; or
(7) inadequate utilities and infrastructure.
(e) "De minimus" means an amount less than 15% of the land area within a
redevelopment district.
(f) "Developer" means any person, firm, corporation, partnership or limited
liability company, other than a city and other than an agency, political
subdivision or instrumentality of the state or a county when relating to a
bioscience development district.
(g) "Eligible area" means a blighted area, conservation area, enterprise
zone, intermodal transportation area, major
tourism area or a major
commercial entertainment and tourism area or bioscience development area.
(h) "Enterprise zone" means an area within a city that was designated as an
enterprise zone prior to July 1, 1992, pursuant to K.S.A. 12-17,107 through
12-17,113, and amendments thereto, prior to its repeal and the conservation,
development or redevelopment of the area is necessary to promote the general
and economic welfare of such city.
(i) "Environmental increment" means the increment determined pursuant to
subsection (b) of K.S.A. 12-1771a, and amendments thereto.
(j) "Environmentally contaminated area" means an area of land having
contaminated groundwater or soil which is deemed environmentally contaminated
by the department of health and environment or the United States environmental
protection agency.
(k) (1) "Feasibility study" means:
(A) A study which shows whether a redevelopment project's or bioscience
development project's benefits and tax increment
revenue and other available revenues under subsection (a)(1) of K.S.A. 12-1774,
and amendments thereto, are expected to exceed or be sufficient to pay for the
redevelopment or bioscience development project costs; and
(B) the effect, if any, the redevelopment project costs or bioscience
development project will have on any outstanding
special obligation bonds payable from the revenues described in
subsection (a)(1)(D) of K.S.A.
12-1774, and amendments thereto.
(2) For a redevelopment project or bioscience
project financed by bonds payable from revenues described in
subsection (a)(1)(D) of K.S.A. 12-1774, and
amendments thereto, the feasibility study must also include:
(A) A statement of how the taxes obtained from the
project will
contribute significantly to the economic development of the jurisdiction in
which the project is located;
(B) a statement concerning whether a portion of the local
sales and use taxes
are pledged to other uses
and are unavailable as revenue for the redevelopment project. If a portion of
local
sales and use taxes is so committed, the applicant shall describe the
following:
(i) The percentage of sales and use taxes collected that are so committed;
and
(ii) the date or dates on which the local sales and use taxes pledged to
other uses can be pledged for
repayment of special obligation bonds;
(C) an anticipated principal and interest payment schedule
on the bonds;
(D) following approval of the redevelopment plan, the
feasibility study shall be supplemented to include a copy of
the minutes of the governing body meeting or meetings of any city whose bonding
authority will be utilized in the project, evidencing that a redevelopment plan
has been created, discussed, and adopted by the city in a regularly scheduled
open public meeting; and
(E) the failure to include all information enumerated in this
subsection in the feasibility study for a redevelopment or
bioscience project shall not affect the validity of bonds issued pursuant to
this act.
(l) "Major tourism area" means an area for which the secretary
has made a finding the capital improvements costing not less than $100,000,000
will be built in the state to construct an auto race track facility.
(m) "Real property taxes" means all taxes levied on an ad
valorem basis upon
land and improvements thereon, except that when relating to a bioscience
development district, as defined in this section, "real property taxes" does
not include property taxes levied for schools, pursuant to K.S.A. 72-6431, and
amendments thereto.
(n) "Redevelopment project area" means an area
designated
by a city within a redevelopment district or, if the redevelopment district
is established for an intermodal transportation area, an area designated by a
city within or outside of the redevelopment district.
(o) "Redevelopment project costs" means: (1) Those
costs necessary to implement a redevelopment project plan or a bioscience
development project plan, including costs incurred for:
(A) Acquisition of property within the redevelopment
project area;
(B) payment of relocation assistance pursuant to a
relocation assistance
plan as provided in K.S.A. 12-1777, and amendments thereto;
(C) site preparation including utility relocations;
(D) sanitary and storm sewers and lift stations;
(E) drainage conduits, channels, levees and river walk
canal facilities;
(F) street grading, paving, graveling, macadamizing,
curbing, guttering and surfacing;
(G) street light fixtures, connection and facilities;
(H) underground gas, water, heating and electrical services
and connections located within the public right-of-way;
(I) sidewalks and pedestrian underpasses or overpasses;
(J) drives and driveway approaches located within the
public right-of-way;
(K) water mains and extensions;
(L) plazas and arcades;
(M) major multi-sport athletic complex;
(N) museum facility;
(O) parking facilities including multilevel parking
facilities;
(P) landscaping and plantings, fountains, shelters,
benches, sculptures, lighting, decorations and similar amenities;
(Q) related expenses to redevelop and finance the
redevelopment
project;
(R) for purposes of an incubator project, such costs shall also include
wet lab equipment including hoods, lab tables, heavy water equipment and all
such other equipment found to be necessary or appropriate for a commercial
incubator wet lab facility by the city in its resolution establishing such
redevelopment district or a bioscience development district; and
(S) costs for the acquisition of land for and the construction and
installation of publicly-owned infrastructure improvements which serve an
intermodal
transportation area and are located outside of a redevelopment district.
(2) Redevelopment project costs shall not include: (A) Costs
incurred in connection with the construction of buildings or other structures
to be owned by or leased to a developer, however, the "redevelopment project
costs" shall include costs incurred in connection with the construction of
buildings or other structures to be owned or leased to a developer which
includes an auto race track facility or a multilevel parking facility.
(B) In addition, for a redevelopment project financed with special
obligation bonds payable from the revenues described in
subsection (a)(1)(D) of K.S.A. 12-1774, and
amendments thereto, redevelopment project
costs shall not include:
(i) Fees and commissions paid to developers, real
estate agents,
financial advisors or any other consultants who represent the developers or
any other businesses considering locating in or located in a
redevelopment district;
(ii) salaries for local government employees;
(iii) moving expenses for employees of the businesses
locating within the redevelopment district;
(iv) property taxes for businesses that locate in the
redevelopment district;
(v) lobbying costs;
(vi) a bond origination fee charged by the city pursuant to
K.S.A. 12-1742, and amendments thereto;
(vii) any personal property,
as defined in
K.S.A. 79-102, and amendments thereto; and
(viii) travel, entertainment and hospitality.
(p) "Redevelopment district" means the specific area
declared to be an eligible area in which the city may develop one or more
redevelopment projects.
(q) "Redevelopment district plan" or "district plan" means
the preliminary plan that identifies all of the proposed redevelopment project
areas and identifies in a general manner all of the buildings, facilities and
improvements in each that are proposed to be constructed or improved in each
redevelopment project area or, if the redevelopment district is established
for an intermodal transportation area, in or outside of the redevelopment
district.
(r) "Redevelopment project" means the approved project to
implement a project plan for the development of the established redevelopment
district.
(s) "Redevelopment project plan" means the plan adopted by
a municipality for the development of a redevelopment project or projects which
conforms with K.S.A. 12-1772, and amendments thereto, in a redevelopment
district.
(t) "Substantial change" means, as applicable, a change
wherein the proposed plan or plans differ substantially from the intended
purpose for which the district plan or project plan was approved.
(u) "Tax increment" means that amount of real property
taxes collected from real property located within the redevelopment district
that is in excess of the amount of real property taxes which is collected from
the base year assessed valuation.
(v) "Taxing subdivision" means the county, city, unified
school district and any other taxing subdivision levying real property taxes,
the territory or jurisdiction of which includes any currently existing or
subsequently created redevelopment district including a bioscience development
district.
(w) "River walk canal facilities" means a canal and related
water features which flows through a
redevelopment district and
facilities related or contiguous
thereto, including, but not limited to pedestrian walkways and promenades,
landscaping and parking facilities.
(x) "Major commercial entertainment and tourism area" may
include, but not be limited to, a major multi-sport athletic complex.
(y) "Major multi-sport athletic complex" means an athletic
complex that is utilized
for the training of athletes, the practice of athletic teams, the playing of
athletic games or the
hosting of events. Such project may include playing fields, parking lots and
other developments
including grandstands, suites and viewing areas, concessions, souvenir
facilities, catering
facilities, visitor centers, signage and temporary hospitality facilities, but
excluding hotels,
motels, restaurants and retail facilities, not directly related to or necessary
to the operation of
such facility.
(z) "Bioscience" means the use of compositions, methods
and organisms in cellular and molecular research, development and manufacturing
processes for such diverse areas as pharmaceuticals, medical therapeutics,
medical diagnostics, medical devices, medical instruments, biochemistry,
microbiology, veterinary medicine, plant biology, agriculture, industrial
environmental and homeland security applications of bioscience and future
developments in the biosciences. Bioscience includes biotechnology and life
sciences.
(aa) "Bioscience development area" means an area that:
(1) Is or shall be owned, operated, or leased by, or otherwise under the
control of the Kansas bioscience authority;
(2) is or shall be used and maintained by a bioscience company; or
(3) includes a bioscience facility.
(bb) "Bioscience development district" means the specific
area, created under K.S.A. 12-1771, and amendments thereto, where one or more
bioscience development projects may be undertaken.
(cc) "Bioscience development project" means an approved
project to implement a project plan in a bioscience development district.
(dd) "Bioscience development project plan" means the plan
adopted by the authority for a bioscience development project pursuant to
K.S.A. 12-1772, and amendments thereto, in a bioscience development district.
(ee) "Bioscience facility" means real property and all
improvements thereof used to conduct bioscience research, including, without
limitation, laboratory space, incubator space, office space and any and all
facilities directly related and necessary to the operation of a bioscience
facility.
(ff) "Bioscience project area" means an area designated by
the authority within a bioscience development district.
(gg) "Biotechnology" means those fields focusing on
technological developments in such areas as molecular
biology, genetic engineering, genomics, proteomics, physiomics, nanotechnology,
biodefense, biocomputing, bioinformatics and future developments associated
with biotechnology.
(hh) "Board" means the board of directors of the Kansas
bioscience authority.
(ii) "Life sciences" means the areas of medical sciences,
pharmaceutical sciences, biological sciences, zoology, botany, horticulture,
ecology, toxicology, organic chemistry, physical chemistry, physiology and any
future advances associated with life sciences.
(jj) "Revenue increase" means that amount of real property
taxes collected from real property located within the bioscience development
district that is in excess of the amount of real property taxes which is
collected from the base year assessed valuation.
(kk) "Taxpayer" means a person, corporation, limited
liability company, S corporation, partnership, registered limited liability
partnership, foundation, association, nonprofit entity, sole proprietorship,
business trust, group or other entity that is subject to the Kansas income tax
act, K.S.A. 79-3201 et seq., and amendments thereto.
(ll) "Floodplain increment" means the increment determined
pursuant to subsection (b) of
K.S.A. 2009 Supp.
12-1771e, and amendments
thereto.
(mm) "100-year floodplain area" means an area of land
existing in a 100-year floodplain as determined by either an engineering study
of a Kansas certified engineer or by the United States federal emergency
management agency.
(nn) "Major motorsports complex" means a complex in
Shawnee county that is utilized for the hosting of competitions involving motor
vehicles, including, but not limited to, automobiles, motorcycles or other
self-propelled vehicles other than a motorized bicycle or motorized wheelchair.
Such project may include racetracks, all facilities directly related and
necessary to the operation of a motorsports complex, including, but not limited
to, parking lots, grandstands, suites and viewing areas, concessions, souvenir
facilities, catering facilities, visitor and retail centers, signage and
temporary hospitality facilities, but excluding hotels, motels, restaurants and
retail facilities not directly related to or necessary to the operation of such
facility.
(oo) "Intermodal transportation area" means an area of not less than 800
acres to be developed primarily to handle the transfer, storage and
distribution of freight through railway and trucking operations.
(pp) "Museum facility" means a separate newly-constructed museum building
and
facilities directly related and necessary to the operation thereof, including
gift shops and
restaurant facilities, but excluding hotels, motels, restaurants and retail
facilities not directly
related to or necessary to the operation of such facility. The museum facility
shall be owned by
the state, a city, county, other political subdivision of the state or a
non-profit corporation, shall
be managed by the state, a city, county, other political subdivision of the
state or a non-profit
corporation and may not be leased to any developer and shall not be located
within any retail or
commercial building.
History: L. 1999, ch. 83, § 1;
L. 2001, ch. 103, § 2;
L. 2003, ch. 97, § 1;
L. 2003, ch. 154, § 3;
L. 2004, ch. 112, § 25;
L. 2004, ch. 173, § 5;
L. 2005, ch. 132, § 1;
L. 2005, ch. 186, § 7;
L. 2007, ch. 179, § 22; July 1.
12-1770a.Definitions.
As used in this act, and amendments thereto, the
following words and phrases shall have the following meanings unless a
different meaning clearly appears from the content:
(a) "Auto race track facility" means: (1) An auto race track facility and
facilities directly related and necessary to the operation of an auto race
track facility, including, but not limited to, grandstands, suites and viewing
areas, concessions, souvenir facilities, catering facilities, visitor and
retail centers, signage and temporary hospitality facilities, but excluding (2)
hotels, motels, restaurants and retail facilities, not directly related to or
necessary to the operation of such facility.
(b) "Base year assessed valuation" means the assessed valuation of all real
property within the boundaries of a redevelopment district on the date the
redevelopment district was established.
(c) "Blighted area" means an area which:
(1) Because of the presence of a majority of the following factors,
substantially impairs or arrests the development and growth of the municipality
or constitutes an economic or social liability or is a menace to the public
health, safety, morals or welfare in its present condition and use:
(A) A substantial number of deteriorated or deteriorating structures;
(B) predominance of defective or inadequate street layout;
(C) unsanitary or unsafe conditions;
(D) deterioration of site improvements;
(E) tax or special assessment delinquency exceeding the fair market value of
the real property;
(F) defective or unusual conditions of title including but not limited to
cloudy or defective titles, multiple or unknown ownership interests
to the property;
(G) improper subdivision or obsolete platting or land uses;
(H) the existence of conditions which endanger life or property by fire or
other causes; or
(I) conditions which create economic obsolescence; or
(2) has been identified by any state or federal environmental agency as being
environmentally contaminated to an extent that requires a remedial
investigation; feasibility study and remediation or other similar state or
federal action; or
(3) a majority of the property is a 100-year floodplain area; or
(4) previously was found by resolution of the governing body to be a slum
or
a blighted area under K.S.A. 17-4742 et seq.,
and amendments thereto.
(d) "Conservation area" means any improved area comprising 15% or less of the
land area within the corporate limits of a city in which 50% or more of the
structures in the area have an age of 35 years or more, which area is not yet
blighted, but may become a blighted area due to the existence of a combination
of two or more of the following factors:
(1) Dilapidation, obsolescence or deterioration of the structures;
(2) illegal use of individual structures;
(3) the presence of structures below minimum code standards;
(4) building abandonment;
(5) excessive vacancies;
(6) overcrowding of structures and community facilities; or
(7) inadequate utilities and infrastructure.
(e) "De minimus" means an amount less than 15% of the land area within a
redevelopment district.
(f) "Developer" means any person, firm, corporation, partnership or limited
liability company, other than a city and other than an agency, political
subdivision or instrumentality of the state or a county when relating to a
bioscience development district.
(g) "Eligible area" means a blighted area, conservation area, enterprise
zone, intermodal transportation area, major
tourism area or a major
commercial entertainment and tourism area or bioscience development area.
(h) "Enterprise zone" means an area within a city that was designated as an
enterprise zone prior to July 1, 1992, pursuant to K.S.A. 12-17,107 through
12-17,113, and amendments thereto, prior to its repeal and the conservation,
development or redevelopment of the area is necessary to promote the general
and economic welfare of such city.
(i) "Environmental increment" means the increment determined pursuant to
subsection (b) of K.S.A. 12-1771a, and amendments thereto.
(j) "Environmentally contaminated area" means an area of land having
contaminated groundwater or soil which is deemed environmentally contaminated
by the department of health and environment or the United States environmental
protection agency.
(k) (1) "Feasibility study" means:
(A) A study which shows whether a redevelopment project's or bioscience
development project's benefits and tax increment
revenue and other available revenues under subsection (a)(1) of K.S.A. 12-1774,
and amendments thereto, are expected to exceed or be sufficient to pay for the
redevelopment or bioscience development project costs; and
(B) the effect, if any, the redevelopment project costs or bioscience
development project will have on any outstanding
special obligation bonds payable from the revenues described in
subsection (a)(1)(D) of K.S.A.
12-1774, and amendments thereto.
(2) For a redevelopment project or bioscience
project financed by bonds payable from revenues described in
subsection (a)(1)(D) of K.S.A. 12-1774, and
amendments thereto, the feasibility study must also include:
(A) A statement of how the taxes obtained from the
project will
contribute significantly to the economic development of the jurisdiction in
which the project is located;
(B) a statement concerning whether a portion of the local
sales and use taxes
are pledged to other uses
and are unavailable as revenue for the redevelopment project. If a portion of
local
sales and use taxes is so committed, the applicant shall describe the
following:
(i) The percentage of sales and use taxes collected that are so committed;
and
(ii) the date or dates on which the local sales and use taxes pledged to
other uses can be pledged for
repayment of special obligation bonds;
(C) an anticipated principal and interest payment schedule
on the bonds;
(D) following approval of the redevelopment plan, the
feasibility study shall be supplemented to include a copy of
the minutes of the governing body meeting or meetings of any city whose bonding
authority will be utilized in the project, evidencing that a redevelopment plan
has been created, discussed, and adopted by the city in a regularly scheduled
open public meeting; and
(E) the failure to include all information enumerated in this
subsection in the feasibility study for a redevelopment or
bioscience project shall not affect the validity of bonds issued pursuant to
this act.
(l) "Major tourism area" means an area for which the secretary
has made a finding the capital improvements costing not less than $100,000,000
will be built in the state to construct an auto race track facility.
(m) "Real property taxes" means all taxes levied on an ad
valorem basis upon
land and improvements thereon, except that when relating to a bioscience
development district, as defined in this section, "real property taxes" does
not include property taxes levied for schools, pursuant to K.S.A. 72-6431, and
amendments thereto.
(n) "Redevelopment project area" means an area
designated
by a city within a redevelopment district or, if the redevelopment district
is established for an intermodal transportation area, an area designated by a
city within or outside of the redevelopment district.
(o) "Redevelopment project costs" means: (1) Those
costs necessary to implement a redevelopment project plan or a bioscience
development project plan, including costs incurred for:
(A) Acquisition of property within the redevelopment
project area;
(B) payment of relocation assistance pursuant to a
relocation assistance
plan as provided in K.S.A. 12-1777, and amendments thereto;
(C) site preparation including utility relocations;
(D) sanitary and storm sewers and lift stations;
(E) drainage conduits, channels, levees and river walk
canal facilities;
(F) street grading, paving, graveling, macadamizing,
curbing, guttering and surfacing;
(G) street light fixtures, connection and facilities;
(H) underground gas, water, heating and electrical services
and connections located within the public right-of-way;
(I) sidewalks and pedestrian underpasses or overpasses;
(J) drives and driveway approaches located within the
public right-of-way;
(K) water mains and extensions;
(L) plazas and arcades;
(M) major multi-sport athletic complex;
(N) museum facility;
(O) parking facilities including multilevel parking
facilities;
(P) landscaping and plantings, fountains, shelters,
benches, sculptures, lighting, decorations and similar amenities;
(Q) related expenses to redevelop and finance the
redevelopment
project;
(R) for purposes of an incubator project, such costs shall also include
wet lab equipment including hoods, lab tables, heavy water equipment and all
such other equipment found to be necessary or appropriate for a commercial
incubator wet lab facility by the city in its resolution establishing such
redevelopment district or a bioscience development district; and
(S) costs for the acquisition of land for and the construction and
installation of publicly-owned infrastructure improvements which serve an
intermodal
transportation area and are located outside of a redevelopment district.
(2) Redevelopment project costs shall not include: (A) Costs
incurred in connection with the construction of buildings or other structures
to be owned by or leased to a developer, however, the "redevelopment project
costs" shall include costs incurred in connection with the construction of
buildings or other structures to be owned or leased to a developer which
includes an auto race track facility or a multilevel parking facility.
(B) In addition, for a redevelopment project financed with special
obligation bonds payable from the revenues described in
subsection (a)(1)(D) of K.S.A. 12-1774, and
amendments thereto, redevelopment project
costs shall not include:
(i) Fees and commissions paid to developers, real
estate agents,
financial advisors or any other consultants who represent the developers or
any other businesses considering locating in or located in a
redevelopment district;
(ii) salaries for local government employees;
(iii) moving expenses for employees of the businesses
locating within the redevelopment district;
(iv) property taxes for businesses that locate in the
redevelopment district;
(v) lobbying costs;
(vi) a bond origination fee charged by the city pursuant to
K.S.A. 12-1742, and amendments thereto;
(vii) any personal property,
as defined in
K.S.A. 79-102, and amendments thereto; and
(viii) travel, entertainment and hospitality.
(p) "Redevelopment district" means the specific area
declared to be an eligible area in which the city may develop one or more
redevelopment projects.
(q) "Redevelopment district plan" or "district plan" means
the preliminary plan that identifies all of the proposed redevelopment project
areas and identifies in a general manner all of the buildings, facilities and
improvements in each that are proposed to be constructed or improved in each
redevelopment project area or, if the redevelopment district is established
for an intermodal transportation area, in or outside of the redevelopment
district.
(r) "Redevelopment project" means the approved project to
implement a project plan for the development of the established redevelopment
district.
(s) "Redevelopment project plan" means the plan adopted by
a municipality for the development of a redevelopment project or projects which
conforms with K.S.A. 12-1772, and amendments thereto, in a redevelopment
district.
(t) "Substantial change" means, as applicable, a change
wherein the proposed plan or plans differ substantially from the intended
purpose for which the district plan or project plan was approved.
(u) "Tax increment" means that amount of real property
taxes collected from real property located within the redevelopment district
that is in excess of the amount of real property taxes which is collected from
the base year assessed valuation.
(v) "Taxing subdivision" means the county, city, unified
school district and any other taxing subdivision levying real property taxes,
the territory or jurisdiction of which includes any currently existing or
subsequently created redevelopment district including a bioscience development
district.
(w) "River walk canal facilities" means a canal and related
water features which flows through a
redevelopment district and
facilities related or contiguous
thereto, including, but not limited to pedestrian walkways and promenades,
landscaping and parking facilities.
(x) "Major commercial entertainment and tourism area" may
include, but not be limited to, a major multi-sport athletic complex.
(y) "Major multi-sport athletic complex" means an athletic
complex that is utilized
for the training of athletes, the practice of athletic teams, the playing of
athletic games or the
hosting of events. Such project may include playing fields, parking lots and
other developments
including grandstands, suites and viewing areas, concessions, souvenir
facilities, catering
facilities, visitor centers, signage and temporary hospitality facilities, but
excluding hotels,
motels, restaurants and retail facilities, not directly related to or necessary
to the operation of
such facility.
(z) "Bioscience" means the use of compositions, methods
and organisms in cellular and molecular research, development and manufacturing
processes for such diverse areas as pharmaceuticals, medical therapeutics,
medical diagnostics, medical devices, medical instruments, biochemistry,
microbiology, veterinary medicine, plant biology, agriculture, industrial
environmental and homeland security applications of bioscience and future
developments in the biosciences. Bioscience includes biotechnology and life
sciences.
(aa) "Bioscience development area" means an area that:
(1) Is or shall be owned, operated, or leased by, or otherwise under the
control of the Kansas bioscience authority;
(2) is or shall be used and maintained by a bioscience company; or
(3) includes a bioscience facility.
(bb) "Bioscience development district" means the specific
area, created under K.S.A. 12-1771, and amendments thereto, where one or more
bioscience development projects may be undertaken.
(cc) "Bioscience development project" means an approved
project to implement a project plan in a bioscience development district.
(dd) "Bioscience development project plan" means the plan
adopted by the authority for a bioscience development project pursuant to
K.S.A. 12-1772, and amendments thereto, in a bioscience development district.
(ee) "Bioscience facility" means real property and all
improvements thereof used to conduct bioscience research, including, without
limitation, laboratory space, incubator space, office space and any and all
facilities directly related and necessary to the operation of a bioscience
facility.
(ff) "Bioscience project area" means an area designated by
the authority within a bioscience development district.
(gg) "Biotechnology" means those fields focusing on
technological developments in such areas as molecular
biology, genetic engineering, genomics, proteomics, physiomics, nanotechnology,
biodefense, biocomputing, bioinformatics and future developments associated
with biotechnology.
(hh) "Board" means the board of directors of the Kansas
bioscience authority.
(ii) "Life sciences" means the areas of medical sciences,
pharmaceutical sciences, biological sciences, zoology, botany, horticulture,
ecology, toxicology, organic chemistry, physical chemistry, physiology and any
future advances associated with life sciences.
(jj) "Revenue increase" means that amount of real property
taxes collected from real property located within the bioscience development
district that is in excess of the amount of real property taxes which is
collected from the base year assessed valuation.
(kk) "Taxpayer" means a person, corporation, limited
liability company, S corporation, partnership, registered limited liability
partnership, foundation, association, nonprofit entity, sole proprietorship,
business trust, group or other entity that is subject to the Kansas income tax
act, K.S.A. 79-3201 et seq., and amendments thereto.
(ll) "Floodplain increment" means the increment determined
pursuant to subsection (b) of
K.S.A. 2009 Supp.
12-1771e, and amendments
thereto.
(mm) "100-year floodplain area" means an area of land
existing in a 100-year floodplain as determined by either an engineering study
of a Kansas certified engineer or by the United States federal emergency
management agency.
(nn) "Major motorsports complex" means a complex in
Shawnee county that is utilized for the hosting of competitions involving motor
vehicles, including, but not limited to, automobiles, motorcycles or other
self-propelled vehicles other than a motorized bicycle or motorized wheelchair.
Such project may include racetracks, all facilities directly related and
necessary to the operation of a motorsports complex, including, but not limited
to, parking lots, grandstands, suites and viewing areas, concessions, souvenir
facilities, catering facilities, visitor and retail centers, signage and
temporary hospitality facilities, but excluding hotels, motels, restaurants and
retail facilities not directly related to or necessary to the operation of such
facility.
(oo) "Intermodal transportation area" means an area of not less than 800
acres to be developed primarily to handle the transfer, storage and
distribution of freight through railway and trucking operations.
(pp) "Museum facility" means a separate newly-constructed museum building
and
facilities directly related and necessary to the operation thereof, including
gift shops and
restaurant facilities, but excluding hotels, motels, restaurants and retail
facilities not directly
related to or necessary to the operation of such facility. The museum facility
shall be owned by
the state, a city, county, other political subdivision of the state or a
non-profit corporation, shall
be managed by the state, a city, county, other political subdivision of the
state or a non-profit
corporation and may not be leased to any developer and shall not be located
within any retail or
commercial building.
History: L. 1999, ch. 83, § 1;
L. 2001, ch. 103, § 2;
L. 2003, ch. 97, § 1;
L. 2003, ch. 154, § 3;
L. 2004, ch. 112, § 25;
L. 2004, ch. 173, § 5;
L. 2005, ch. 132, § 1;
L. 2005, ch. 186, § 7;
L. 2007, ch. 179, § 22; July 1.
12-1770a.Definitions.
As used in this act, and amendments thereto, the
following words and phrases shall have the following meanings unless a
different meaning clearly appears from the content:
(a) "Auto race track facility" means: (1) An auto race track facility and
facilities directly related and necessary to the operation of an auto race
track facility, including, but not limited to, grandstands, suites and viewing
areas, concessions, souvenir facilities, catering facilities, visitor and
retail centers, signage and temporary hospitality facilities, but excluding (2)
hotels, motels, restaurants and retail facilities, not directly related to or
necessary to the operation of such facility.
(b) "Base year assessed valuation" means the assessed valuation of all real
property within the boundaries of a redevelopment district on the date the
redevelopment district was established.
(c) "Blighted area" means an area which:
(1) Because of the presence of a majority of the following factors,
substantially impairs or arrests the development and growth of the municipality
or constitutes an economic or social liability or is a menace to the public
health, safety, morals or welfare in its present condition and use:
(A) A substantial number of deteriorated or deteriorating structures;
(B) predominance of defective or inadequate street layout;
(C) unsanitary or unsafe conditions;
(D) deterioration of site improvements;
(E) tax or special assessment delinquency exceeding the fair market value of
the real property;
(F) defective or unusual conditions of title including but not limited to
cloudy or defective titles, multiple or unknown ownership interests
to the property;
(G) improper subdivision or obsolete platting or land uses;
(H) the existence of conditions which endanger life or property by fire or
other causes; or
(I) conditions which create economic obsolescence; or
(2) has been identified by any state or federal environmental agency as being
environmentally contaminated to an extent that requires a remedial
investigation; feasibility study and remediation or other similar state or
federal action; or
(3) a majority of the property is a 100-year floodplain area; or
(4) previously was found by resolution of the governing body to be a slum
or
a blighted area under K.S.A. 17-4742 et seq.,
and amendments thereto.
(d) "Conservation area" means any improved area comprising 15% or less of the
land area within the corporate limits of a city in which 50% or more of the
structures in the area have an age of 35 years or more, which area is not yet
blighted, but may become a blighted area due to the existence of a combination
of two or more of the following factors:
(1) Dilapidation, obsolescence or deterioration of the structures;
(2) illegal use of individual structures;
(3) the presence of structures below minimum code standards;
(4) building abandonment;
(5) excessive vacancies;
(6) overcrowding of structures and community facilities; or
(7) inadequate utilities and infrastructure.
(e) "De minimus" means an amount less than 15% of the land area within a
redevelopment district.
(f) "Developer" means any person, firm, corporation, partnership or limited
liability company, other than a city and other than an agency, political
subdivision or instrumentality of the state or a county when relating to a
bioscience development district.
(g) "Eligible area" means a blighted area, conservation area, enterprise
zone, intermodal transportation area, major
tourism area or a major
commercial entertainment and tourism area or bioscience development area.
(h) "Enterprise zone" means an area within a city that was designated as an
enterprise zone prior to July 1, 1992, pursuant to K.S.A. 12-17,107 through
12-17,113, and amendments thereto, prior to its repeal and the conservation,
development or redevelopment of the area is necessary to promote the general
and economic welfare of such city.
(i) "Environmental increment" means the increment determined pursuant to
subsection (b) of K.S.A. 12-1771a, and amendments thereto.
(j) "Environmentally contaminated area" means an area of land having
contaminated groundwater or soil which is deemed environmentally contaminated
by the department of health and environment or the United States environmental
protection agency.
(k) (1) "Feasibility study" means:
(A) A study which shows whether a redevelopment project's or bioscience
development project's benefits and tax increment
revenue and other available revenues under subsection (a)(1) of K.S.A. 12-1774,
and amendments thereto, are expected to exceed or be sufficient to pay for the
redevelopment or bioscience development project costs; and
(B) the effect, if any, the redevelopment project costs or bioscience
development project will have on any outstanding
special obligation bonds payable from the revenues described in
subsection (a)(1)(D) of K.S.A.
12-1774, and amendments thereto.
(2) For a redevelopment project or bioscience
project financed by bonds payable from revenues described in
subsection (a)(1)(D) of K.S.A. 12-1774, and
amendments thereto, the feasibility study must also include:
(A) A statement of how the taxes obtained from the
project will
contribute significantly to the economic development of the jurisdiction in
which the project is located;
(B) a statement concerning whether a portion of the local
sales and use taxes
are pledged to other uses
and are unavailable as revenue for the redevelopment project. If a portion of
local
sales and use taxes is so committed, the applicant shall describe the
following:
(i) The percentage of sales and use taxes collected that are so committed;
and
(ii) the date or dates on which the local sales and use taxes pledged to
other uses can be pledged for
repayment of special obligation bonds;
(C) an anticipated principal and interest payment schedule
on the bonds;
(D) following approval of the redevelopment plan, the
feasibility study shall be supplemented to include a copy of
the minutes of the governing body meeting or meetings of any city whose bonding
authority will be utilized in the project, evidencing that a redevelopment plan
has been created, discussed, and adopted by the city in a regularly scheduled
open public meeting; and
(E) the failure to include all information enumerated in this
subsection in the feasibility study for a redevelopment or
bioscience project shall not affect the validity of bonds issued pursuant to
this act.
(l) "Major tourism area" means an area for which the secretary
has made a finding the capital improvements costing not less than $100,000,000
will be built in the state to construct an auto race track facility.
(m) "Real property taxes" means all taxes levied on an ad
valorem basis upon
land and improvements thereon, except that when relating to a bioscience
development district, as defined in this section, "real property taxes" does
not include property taxes levied for schools, pursuant to K.S.A. 72-6431, and
amendments thereto.
(n) "Redevelopment project area" means an area
designated
by a city within a redevelopment district or, if the redevelopment district
is established for an intermodal transportation area, an area designated by a
city within or outside of the redevelopment district.
(o) "Redevelopment project costs" means: (1) Those
costs necessary to implement a redevelopment project plan or a bioscience
development project plan, including costs incurred for:
(A) Acquisition of property within the redevelopment
project area;
(B) payment of relocation assistance pursuant to a
relocation assistance
plan as provided in K.S.A. 12-1777, and amendments thereto;
(C) site preparation including utility relocations;
(D) sanitary and storm sewers and lift stations;
(E) drainage conduits, channels, levees and river walk
canal facilities;
(F) street grading, paving, graveling, macadamizing,
curbing, guttering and surfacing;
(G) street light fixtures, connection and facilities;
(H) underground gas, water, heating and electrical services
and connections located within the public right-of-way;
(I) sidewalks and pedestrian underpasses or overpasses;
(J) drives and driveway approaches located within the
public right-of-way;
(K) water mains and extensions;
(L) plazas and arcades;
(M) major multi-sport athletic complex;
(N) museum facility;
(O) parking facilities including multilevel parking
facilities;
(P) landscaping and plantings, fountains, shelters,
benches, sculptures, lighting, decorations and similar amenities;
(Q) related expenses to redevelop and finance the
redevelopment
project;
(R) for purposes of an incubator project, such costs shall also include
wet lab equipment including hoods, lab tables, heavy water equipment and all
such other equipment found to be necessary or appropriate for a commercial
incubator wet lab facility by the city in its resolution establishing such
redevelopment district or a bioscience development district; and
(S) costs for the acquisition of land for and the construction and
installation of publicly-owned infrastructure improvements which serve an
intermodal
transportation area and are located outside of a redevelopment district.
(2) Redevelopment project costs shall not include: (A) Costs
incurred in connection with the construction of buildings or other structures
to be owned by or leased to a developer, however, the "redevelopment project
costs" shall include costs incurred in connection with the construction of
buildings or other structures to be owned or leased to a developer which
includes an auto race track facility or a multilevel parking facility.
(B) In addition, for a redevelopment project financed with special
obligation bonds payable from the revenues described in
subsection (a)(1)(D) of K.S.A. 12-1774, and
amendments thereto, redevelopment project
costs shall not include:
(i) Fees and commissions paid to developers, real
estate agents,
financial advisors or any other consultants who represent the developers or
any other businesses considering locating in or located in a
redevelopment district;
(ii) salaries for local government employees;
(iii) moving expenses for employees of the businesses
locating within the redevelopment district;
(iv) property taxes for businesses that locate in the
redevelopment district;
(v) lobbying costs;
(vi) a bond origination fee charged by the city pursuant to
K.S.A. 12-1742, and amendments thereto;
(vii) any personal property,
as defined in
K.S.A. 79-102, and amendments thereto; and
(viii) travel, entertainment and hospitality.
(p) "Redevelopment district" means the specific area
declared to be an eligible area in which the city may develop one or more
redevelopment projects.
(q) "Redevelopment district plan" or "district plan" means
the preliminary plan that identifies all of the proposed redevelopment project
areas and identifies in a general manner all of the buildings, facilities and
improvements in each that are proposed to be constructed or improved in each
redevelopment project area or, if the redevelopment district is established
for an intermodal transportation area, in or outside of the redevelopment
district.
(r) "Redevelopment project" means the approved project to
implement a project plan for the development of the established redevelopment
district.
(s) "Redevelopment project plan" means the plan adopted by
a municipality for the development of a redevelopment project or projects which
conforms with K.S.A. 12-1772, and amendments thereto, in a redevelopment
district.
(t) "Substantial change" means, as applicable, a change
wherein the proposed plan or plans differ substantially from the intended
purpose for which the district plan or project plan was approved.
(u) "Tax increment" means that amount of real property
taxes collected from real property located within the redevelopment district
that is in excess of the amount of real property taxes which is collected from
the base year assessed valuation.
(v) "Taxing subdivision" means the county, city, unified
school district and any other taxing subdivision levying real property taxes,
the territory or jurisdiction of which includes any currently existing or
subsequently created redevelopment district including a bioscience development
district.
(w) "River walk canal facilities" means a canal and related
water features which flows through a
redevelopment district and
facilities related or contiguous
thereto, including, but not limited to pedestrian walkways and promenades,
landscaping and parking facilities.
(x) "Major commercial entertainment and tourism area" may
include, but not be limited to, a major multi-sport athletic complex.
(y) "Major multi-sport athletic complex" means an athletic
complex that is utilized
for the training of athletes, the practice of athletic teams, the playing of
athletic games or the
hosting of events. Such project may include playing fields, parking lots and
other developments
including grandstands, suites and viewing areas, concessions, souvenir
facilities, catering
facilities, visitor centers, signage and temporary hospitality facilities, but
excluding hotels,
motels, restaurants and retail facilities, not directly related to or necessary
to the operation of
such facility.
(z) "Bioscience" means the use of compositions, methods
and organisms in cellular and molecular research, development and manufacturing
processes for such diverse areas as pharmaceuticals, medical therapeutics,
medical diagnostics, medical devices, medical instruments, biochemistry,
microbiology, veterinary medicine, plant biology, agriculture, industrial
environmental and homeland security applications of bioscience and future
developments in the biosciences. Bioscience includes biotechnology and life
sciences.
(aa) "Bioscience development area" means an area that:
(1) Is or shall be owned, operated, or leased by, or otherwise under the
control of the Kansas bioscience authority;
(2) is or shall be used and maintained by a bioscience company; or
(3) includes a bioscience facility.
(bb) "Bioscience development district" means the specific
area, created under K.S.A. 12-1771, and amendments thereto, where one or more
bioscience development projects may be undertaken.
(cc) "Bioscience development project" means an approved
project to implement a project plan in a bioscience development district.
(dd) "Bioscience development project plan" means the plan
adopted by the authority for a bioscience development project pursuant to
K.S.A. 12-1772, and amendments thereto, in a bioscience development district.
(ee) "Bioscience facility" means real property and all
improvements thereof used to conduct bioscience research, including, without
limitation, laboratory space, incubator space, office space and any and all
facilities directly related and necessary to the operation of a bioscience
facility.
(ff) "Bioscience project area" means an area designated by
the authority within a bioscience development district.
(gg) "Biotechnology" means those fields focusing on
technological developments in such areas as molecular
biology, genetic engineering, genomics, proteomics, physiomics, nanotechnology,
biodefense, biocomputing, bioinformatics and future developments associated
with biotechnology.
(hh) "Board" means the board of directors of the Kansas
bioscience authority.
(ii) "Life sciences" means the areas of medical sciences,
pharmaceutical sciences, biological sciences, zoology, botany, horticulture,
ecology, toxicology, organic chemistry, physical chemistry, physiology and any
future advances associated with life sciences.
(jj) "Revenue increase" means that amount of real property
taxes collected from real property located within the bioscience development
district that is in excess of the amount of real property taxes which is
collected from the base year assessed valuation.
(kk) "Taxpayer" means a person, corporation, limited
liability company, S corporation, partnership, registered limited liability
partnership, foundation, association, nonprofit entity, sole proprietorship,
business trust, group or other entity that is subject to the Kansas income tax
act, K.S.A. 79-3201 et seq., and amendments thereto.
(ll) "Floodplain increment" means the increment determined
pursuant to subsection (b) of
K.S.A. 2009 Supp.
12-1771e, and amendments
thereto.
(mm) "100-year floodplain area" means an area of land
existing in a 100-year floodplain as determined by either an engineering study
of a Kansas certified engineer or by the United States federal emergency
management agency.
(nn) "Major motorsports complex" means a complex in
Shawnee county that is utilized for the hosting of competitions involving motor
vehicles, including, but not limited to, automobiles, motorcycles or other
self-propelled vehicles other than a motorized bicycle or motorized wheelchair.
Such project may include racetracks, all facilities directly related and
necessary to the operation of a motorsports complex, including, but not limited
to, parking lots, grandstands, suites and viewing areas, concessions, souvenir
facilities, catering facilities, visitor and retail centers, signage and
temporary hospitality facilities, but excluding hotels, motels, restaurants and
retail facilities not directly related to or necessary to the operation of such
facility.
(oo) "Intermodal transportation area" means an area of not less than 800
acres to be developed primarily to handle the transfer, storage and
distribution of freight through railway and trucking operations.
(pp) "Museum facility" means a separate newly-constructed museum building
and
facilities directly related and necessary to the operation thereof, including
gift shops and
restaurant facilities, but excluding hotels, motels, restaurants and retail
facilities not directly
related to or necessary to the operation of such facility. The museum facility
shall be owned by
the state, a city, county, other political subdivision of the state or a
non-profit corporation, shall
be managed by the state, a city, county, other political subdivision of the
state or a non-profit
corporation and may not be leased to any developer and shall not be located
within any retail or
commercial building.
History: L. 1999, ch. 83, § 1;
L. 2001, ch. 103, § 2;
L. 2003, ch. 97, § 1;
L. 2003, ch. 154, § 3;
L. 2004, ch. 112, § 25;
L. 2004, ch. 173, § 5;
L. 2005, ch. 132, § 1;
L. 2005, ch. 186, § 7;
L. 2007, ch. 179, § 22; July 1.