12-1771.Procedure for establishing redevelopment
district or bioscience development district; hearings; notice to landowners;
modification of district
boundaries.
(a) Resolution procedure for a redevelopment
district or bioscience development district. When a city
proposes
to
establish a redevelopment district or when the Kansas bioscience authority
proposes to establish a bioscience development district within an eligible
area, the city or the Kansas bioscience authority
shall
adopt a resolution stating that the city or the Kansas bioscience
authority is considering the establishment
of a redevelopment district or a bioscience development district. Such
resolution shall:
(1) Give notice that a public hearing will be held to consider the
establishment of a redevelopment district or bioscience development
district and
fix the date, hour and place
of such public hearing;
(2) describe the proposed boundaries of the redevelopment district or
bioscience
development district;
(3) describe the district
plan;
(4) state that a description and map of the proposed redevelopment
district or
bioscience development district are available for inspection at a time and
place designated; and
(5) state that the governing body will consider findings necessary for
the establishment of a redevelopment district or bioscience development
district.
Notice shall be given as provided in subsection (c) of K.S.A.
12-1772,
and amendments thereto.
(b) Posthearing procedure. Upon the conclusion of the public
hearing, the governing body
may pass an ordinance. (1) An ordinance for a
redevelopment district shall: (A) Make
findings that the
redevelopment district proposed to be developed is an eligible area; and
the conservation, development or redevelopment of such area is necessary to
promote the general and economic welfare of the city; (B)
contain the district
plan as approved; and (C) contain the legal description of
the redevelopment
district
and may
establish the redevelopment district. Such ordinance shall
contain a district
plan that identifies all of the proposed redevelopment project areas and
identifies in a general manner
all of the buildings and facilities that are proposed to be constructed or
improved in each
redevelopment project area. The boundaries of such district shall not include
any area not designated
in the notice required by subsection (a).
(2) An ordinance for a bioscience development district shall make findings
that the area satisfies the definition of a bioscience area and the creation of
a bioscience district will contribute to the development of bioscience in the
state and promote the general and economic welfare of the city. Such ordinance
shall also contain the district plan as approved and contain the legal
description of the bioscience development district. Such ordinance shall
contain
a development district plan that identifies all of the proposed bioscience
development project areas and identifies in a general manner all of the
buildings and facilities that are proposed to be constructed or improved in
each bioscience development project area. The boundaries of such district shall
not include any area not designated in the notice required by subsection (a).
No bioscience development district shall be established without the approval of
the Kansas bioscience authority. In creating a bioscience development
district, eminent domain shall not be used to acquire agricultural land.
(c) The governing body of a city may establish a
redevelopment
district within that city, and, with the Kansas bioscience authority's
approval, may establish a bioscience development district within that city.
Such city may establish a district inclusive
of land outside
the boundaries of the city or wholly outside the boundaries of such city
upon written consent of the board of county
commissioners. Prior to
providing written
consent, the board of county commissioners shall be subject to the same
procedure for public notice and hearing as is required of a city pursuant to
subsection (a) for the
establishment of a
redevelopment district or bioscience development district. One or more
redevelopment projects or bioscience development projects may be
undertaken by
a city
within a redevelopment district or bioscience development district after
such
redevelopment district or bioscience development district
has been established
in the manner provided by this section.
(d) No privately owned property subject to ad valorem taxes shall be
acquired and redeveloped under the provisions of K.S.A. 12-1770 et seq.,
and amendments thereto, if the board of county commissioners or the board of
education levying taxes on such property determines by resolution adopted
within 30 days following the conclusion of the hearing for the establishment of
the redevelopment district or bioscience development district required
by subsection (b) that the proposed
redevelopment district or bioscience development district will have an
adverse effect on such county or school
district. The board of county commissioners or board of education shall
deliver a copy of such resolution to the city. The city shall within 30 days of
receipt of such resolution pass an ordinance terminating the redevelopment
district or bioscience development district.
(e) Addition to area; substantial change. Any addition
of area to the redevelopment district or bioscience development district
or any substantial change as defined in
K.S.A. 12-1770a, and amendments thereto, to the district plan shall be
subject to the same procedure for public notice and hearing as is required for
the establishment of the district.
(f) Any addition of any area to the redevelopment district or bioscience
development district shall be subject
to the same procedure for public notice and hearing as is required for the
establishment of the redevelopment district or bioscience development
district.
The base year assessed valuation
of the redevelopment district or bioscience development district
following the
addition of area shall be revised
to reflect the base year assessed valuation of the original area and the added
area as of the date of the original establishment of the redevelopment
district or bioscience development district.
(g) A city may remove real property from a redevelopment district or
bioscience
development district by an
ordinance of the governing body. If more than a de minimus amount of real
property is removed from a redevelopment district or bioscience
development
district, the base year assessed
valuation of the redevelopment district or bioscience development
district shall
be revised to reflect the base
year assessed valuation of the remaining real property as of the date of the
original establishment of the redevelopment district or bioscience
development
district.
(h) A city may divide the real property in a redevelopment district or
bioscience
development district,
including real property in different redevelopment district or bioscience
development project areas within a
redevelopment district or bioscience development district, into separate
redevelopment districts or bioscience development districts. The base
year
assessed valuation of each resulting redevelopment district or bioscience
development district following such
division of real property shall be revised to reflect the base year assessed
valuation of the area of each resulting redevelopment district or bioscience
development district as of the date
of the original establishment of the redevelopment district or bioscience
development district. Any division of
real property within a redevelopment district or bioscience development
district
into more than one redevelopment district or bioscience development
district
shall be subject to the same procedure of public notice and
hearing as
is required for the establishment of the redevelopment district or
bioscience
development district.
(i) If a city has undertaken a redevelopment project or bioscience
development
project within a redevelopment district or bioscience development
district, and either the city wishes to subsequently remove more than a de
minimus amount of real property from the redevelopment district or
bioscience
development district or the city
wishes to subsequently divide the real property in the redevelopment
district or
bioscience development district
into more than one redevelopment district or bioscience development
district,
then prior to any such removal or
division the city must provide a feasibility study which shows that the tax
increment revenue from the resulting redevelopment district or bioscience
development district within which the
redevelopment project or bioscience development project
is located is expected
to be sufficient to pay the
redevelopment project costs or bioscience development project costs.
(j) Removal of real property from one redevelopment district or bioscience
development district and addition of
all or a portion of that real property to another redevelopment district or
bioscience development district may be
accomplished by the adoption of an ordinance and in such event the
determination of the existence or nonexistence of an adverse effect on the
county or school district under subsection (d) shall apply to both such removal
and such addition of real property to a redevelopment district or bioscience
development district.
(k) Any addition to, removal from or division of real property or a
substantial change as defined in K.S.A. 12-1770a, and amendments thereto, to a
bioscience development district may be made only with the approval of the
Kansas bioscience authority.
(l) A bioscience development district may be established in the
unincorporated area of a county by resolution of the board of county
commissioners governing the area if:
(1) The Kansas bioscience authority has proposed to establish a bioscience
development district there; and
(2) the board of county commissioners follows the notice, hearing and
approval procedures required of a city to establish a bioscience development
district.
(m) When establishing a bioscience development district as described in
subsection (1), any references to "city" contained in this section shall mean
"county" and any references to "ordinance" shall mean "resolution".
History: L. 1976, ch. 69, § 2;
L. 1979, ch. 52, § 2;
L. 1982, ch. 75, § 7;
L. 1984, ch. 74, § 2;
L. 1988, ch. 78, § 2;
L. 1991, ch. 59, § 1;
L. 1992, ch. 202, § 11;
L. 1993, ch. 213, § 1;
L. 1994, ch. 63, § 2;
L. 1996, ch. 228, § 2;
L. 1997, ch. 162, § 1;
L. 1998, ch. 17, § 2;
L. 1998, ch. 169, § 1;
L. 1998, ch. 199, § 22;
L. 1999, ch. 83, § 4;
L. 2001, ch. 103, § 3;
L. 2004, ch. 112, § 26;
L. 2004, ch. 183, § 1;
L. 2005, ch. 132, § 2;
L. 2007, ch. 179, § 23; July 1.
12-1771.Procedure for establishing redevelopment
district or bioscience development district; hearings; notice to landowners;
modification of district
boundaries.
(a) Resolution procedure for a redevelopment
district or bioscience development district. When a city
proposes
to
establish a redevelopment district or when the Kansas bioscience authority
proposes to establish a bioscience development district within an eligible
area, the city or the Kansas bioscience authority
shall
adopt a resolution stating that the city or the Kansas bioscience
authority is considering the establishment
of a redevelopment district or a bioscience development district. Such
resolution shall:
(1) Give notice that a public hearing will be held to consider the
establishment of a redevelopment district or bioscience development
district and
fix the date, hour and place
of such public hearing;
(2) describe the proposed boundaries of the redevelopment district or
bioscience
development district;
(3) describe the district
plan;
(4) state that a description and map of the proposed redevelopment
district or
bioscience development district are available for inspection at a time and
place designated; and
(5) state that the governing body will consider findings necessary for
the establishment of a redevelopment district or bioscience development
district.
Notice shall be given as provided in subsection (c) of K.S.A.
12-1772,
and amendments thereto.
(b) Posthearing procedure. Upon the conclusion of the public
hearing, the governing body
may pass an ordinance. (1) An ordinance for a
redevelopment district shall: (A) Make
findings that the
redevelopment district proposed to be developed is an eligible area; and
the conservation, development or redevelopment of such area is necessary to
promote the general and economic welfare of the city; (B)
contain the district
plan as approved; and (C) contain the legal description of
the redevelopment
district
and may
establish the redevelopment district. Such ordinance shall
contain a district
plan that identifies all of the proposed redevelopment project areas and
identifies in a general manner
all of the buildings and facilities that are proposed to be constructed or
improved in each
redevelopment project area. The boundaries of such district shall not include
any area not designated
in the notice required by subsection (a).
(2) An ordinance for a bioscience development district shall make findings
that the area satisfies the definition of a bioscience area and the creation of
a bioscience district will contribute to the development of bioscience in the
state and promote the general and economic welfare of the city. Such ordinance
shall also contain the district plan as approved and contain the legal
description of the bioscience development district. Such ordinance shall
contain
a development district plan that identifies all of the proposed bioscience
development project areas and identifies in a general manner all of the
buildings and facilities that are proposed to be constructed or improved in
each bioscience development project area. The boundaries of such district shall
not include any area not designated in the notice required by subsection (a).
No bioscience development district shall be established without the approval of
the Kansas bioscience authority. In creating a bioscience development
district, eminent domain shall not be used to acquire agricultural land.
(c) The governing body of a city may establish a
redevelopment
district within that city, and, with the Kansas bioscience authority's
approval, may establish a bioscience development district within that city.
Such city may establish a district inclusive
of land outside
the boundaries of the city or wholly outside the boundaries of such city
upon written consent of the board of county
commissioners. Prior to
providing written
consent, the board of county commissioners shall be subject to the same
procedure for public notice and hearing as is required of a city pursuant to
subsection (a) for the
establishment of a
redevelopment district or bioscience development district. One or more
redevelopment projects or bioscience development projects may be
undertaken by
a city
within a redevelopment district or bioscience development district after
such
redevelopment district or bioscience development district
has been established
in the manner provided by this section.
(d) No privately owned property subject to ad valorem taxes shall be
acquired and redeveloped under the provisions of K.S.A. 12-1770 et seq.,
and amendments thereto, if the board of county commissioners or the board of
education levying taxes on such property determines by resolution adopted
within 30 days following the conclusion of the hearing for the establishment of
the redevelopment district or bioscience development district required
by subsection (b) that the proposed
redevelopment district or bioscience development district will have an
adverse effect on such county or school
district. The board of county commissioners or board of education shall
deliver a copy of such resolution to the city. The city shall within 30 days of
receipt of such resolution pass an ordinance terminating the redevelopment
district or bioscience development district.
(e) Addition to area; substantial change. Any addition
of area to the redevelopment district or bioscience development district
or any substantial change as defined in
K.S.A. 12-1770a, and amendments thereto, to the district plan shall be
subject to the same procedure for public notice and hearing as is required for
the establishment of the district.
(f) Any addition of any area to the redevelopment district or bioscience
development district shall be subject
to the same procedure for public notice and hearing as is required for the
establishment of the redevelopment district or bioscience development
district.
The base year assessed valuation
of the redevelopment district or bioscience development district
following the
addition of area shall be revised
to reflect the base year assessed valuation of the original area and the added
area as of the date of the original establishment of the redevelopment
district or bioscience development district.
(g) A city may remove real property from a redevelopment district or
bioscience
development district by an
ordinance of the governing body. If more than a de minimus amount of real
property is removed from a redevelopment district or bioscience
development
district, the base year assessed
valuation of the redevelopment district or bioscience development
district shall
be revised to reflect the base
year assessed valuation of the remaining real property as of the date of the
original establishment of the redevelopment district or bioscience
development
district.
(h) A city may divide the real property in a redevelopment district or
bioscience
development district,
including real property in different redevelopment district or bioscience
development project areas within a
redevelopment district or bioscience development district, into separate
redevelopment districts or bioscience development districts. The base
year
assessed valuation of each resulting redevelopment district or bioscience
development district following such
division of real property shall be revised to reflect the base year assessed
valuation of the area of each resulting redevelopment district or bioscience
development district as of the date
of the original establishment of the redevelopment district or bioscience
development district. Any division of
real property within a redevelopment district or bioscience development
district
into more than one redevelopment district or bioscience development
district
shall be subject to the same procedure of public notice and
hearing as
is required for the establishment of the redevelopment district or
bioscience
development district.
(i) If a city has undertaken a redevelopment project or bioscience
development
project within a redevelopment district or bioscience development
district, and either the city wishes to subsequently remove more than a de
minimus amount of real property from the redevelopment district or
bioscience
development district or the city
wishes to subsequently divide the real property in the redevelopment
district or
bioscience development district
into more than one redevelopment district or bioscience development
district,
then prior to any such removal or
division the city must provide a feasibility study which shows that the tax
increment revenue from the resulting redevelopment district or bioscience
development district within which the
redevelopment project or bioscience development project
is located is expected
to be sufficient to pay the
redevelopment project costs or bioscience development project costs.
(j) Removal of real property from one redevelopment district or bioscience
development district and addition of
all or a portion of that real property to another redevelopment district or
bioscience development district may be
accomplished by the adoption of an ordinance and in such event the
determination of the existence or nonexistence of an adverse effect on the
county or school district under subsection (d) shall apply to both such removal
and such addition of real property to a redevelopment district or bioscience
development district.
(k) Any addition to, removal from or division of real property or a
substantial change as defined in K.S.A. 12-1770a, and amendments thereto, to a
bioscience development district may be made only with the approval of the
Kansas bioscience authority.
(l) A bioscience development district may be established in the
unincorporated area of a county by resolution of the board of county
commissioners governing the area if:
(1) The Kansas bioscience authority has proposed to establish a bioscience
development district there; and
(2) the board of county commissioners follows the notice, hearing and
approval procedures required of a city to establish a bioscience development
district.
(m) When establishing a bioscience development district as described in
subsection (1), any references to "city" contained in this section shall mean
"county" and any references to "ordinance" shall mean "resolution".
History: L. 1976, ch. 69, § 2;
L. 1979, ch. 52, § 2;
L. 1982, ch. 75, § 7;
L. 1984, ch. 74, § 2;
L. 1988, ch. 78, § 2;
L. 1991, ch. 59, § 1;
L. 1992, ch. 202, § 11;
L. 1993, ch. 213, § 1;
L. 1994, ch. 63, § 2;
L. 1996, ch. 228, § 2;
L. 1997, ch. 162, § 1;
L. 1998, ch. 17, § 2;
L. 1998, ch. 169, § 1;
L. 1998, ch. 199, § 22;
L. 1999, ch. 83, § 4;
L. 2001, ch. 103, § 3;
L. 2004, ch. 112, § 26;
L. 2004, ch. 183, § 1;
L. 2005, ch. 132, § 2;
L. 2007, ch. 179, § 23; July 1.
12-1771.Procedure for establishing redevelopment
district or bioscience development district; hearings; notice to landowners;
modification of district
boundaries.
(a) Resolution procedure for a redevelopment
district or bioscience development district. When a city
proposes
to
establish a redevelopment district or when the Kansas bioscience authority
proposes to establish a bioscience development district within an eligible
area, the city or the Kansas bioscience authority
shall
adopt a resolution stating that the city or the Kansas bioscience
authority is considering the establishment
of a redevelopment district or a bioscience development district. Such
resolution shall:
(1) Give notice that a public hearing will be held to consider the
establishment of a redevelopment district or bioscience development
district and
fix the date, hour and place
of such public hearing;
(2) describe the proposed boundaries of the redevelopment district or
bioscience
development district;
(3) describe the district
plan;
(4) state that a description and map of the proposed redevelopment
district or
bioscience development district are available for inspection at a time and
place designated; and
(5) state that the governing body will consider findings necessary for
the establishment of a redevelopment district or bioscience development
district.
Notice shall be given as provided in subsection (c) of K.S.A.
12-1772,
and amendments thereto.
(b) Posthearing procedure. Upon the conclusion of the public
hearing, the governing body
may pass an ordinance. (1) An ordinance for a
redevelopment district shall: (A) Make
findings that the
redevelopment district proposed to be developed is an eligible area; and
the conservation, development or redevelopment of such area is necessary to
promote the general and economic welfare of the city; (B)
contain the district
plan as approved; and (C) contain the legal description of
the redevelopment
district
and may
establish the redevelopment district. Such ordinance shall
contain a district
plan that identifies all of the proposed redevelopment project areas and
identifies in a general manner
all of the buildings and facilities that are proposed to be constructed or
improved in each
redevelopment project area. The boundaries of such district shall not include
any area not designated
in the notice required by subsection (a).
(2) An ordinance for a bioscience development district shall make findings
that the area satisfies the definition of a bioscience area and the creation of
a bioscience district will contribute to the development of bioscience in the
state and promote the general and economic welfare of the city. Such ordinance
shall also contain the district plan as approved and contain the legal
description of the bioscience development district. Such ordinance shall
contain
a development district plan that identifies all of the proposed bioscience
development project areas and identifies in a general manner all of the
buildings and facilities that are proposed to be constructed or improved in
each bioscience development project area. The boundaries of such district shall
not include any area not designated in the notice required by subsection (a).
No bioscience development district shall be established without the approval of
the Kansas bioscience authority. In creating a bioscience development
district, eminent domain shall not be used to acquire agricultural land.
(c) The governing body of a city may establish a
redevelopment
district within that city, and, with the Kansas bioscience authority's
approval, may establish a bioscience development district within that city.
Such city may establish a district inclusive
of land outside
the boundaries of the city or wholly outside the boundaries of such city
upon written consent of the board of county
commissioners. Prior to
providing written
consent, the board of county commissioners shall be subject to the same
procedure for public notice and hearing as is required of a city pursuant to
subsection (a) for the
establishment of a
redevelopment district or bioscience development district. One or more
redevelopment projects or bioscience development projects may be
undertaken by
a city
within a redevelopment district or bioscience development district after
such
redevelopment district or bioscience development district
has been established
in the manner provided by this section.
(d) No privately owned property subject to ad valorem taxes shall be
acquired and redeveloped under the provisions of K.S.A. 12-1770 et seq.,
and amendments thereto, if the board of county commissioners or the board of
education levying taxes on such property determines by resolution adopted
within 30 days following the conclusion of the hearing for the establishment of
the redevelopment district or bioscience development district required
by subsection (b) that the proposed
redevelopment district or bioscience development district will have an
adverse effect on such county or school
district. The board of county commissioners or board of education shall
deliver a copy of such resolution to the city. The city shall within 30 days of
receipt of such resolution pass an ordinance terminating the redevelopment
district or bioscience development district.
(e) Addition to area; substantial change. Any addition
of area to the redevelopment district or bioscience development district
or any substantial change as defined in
K.S.A. 12-1770a, and amendments thereto, to the district plan shall be
subject to the same procedure for public notice and hearing as is required for
the establishment of the district.
(f) Any addition of any area to the redevelopment district or bioscience
development district shall be subject
to the same procedure for public notice and hearing as is required for the
establishment of the redevelopment district or bioscience development
district.
The base year assessed valuation
of the redevelopment district or bioscience development district
following the
addition of area shall be revised
to reflect the base year assessed valuation of the original area and the added
area as of the date of the original establishment of the redevelopment
district or bioscience development district.
(g) A city may remove real property from a redevelopment district or
bioscience
development district by an
ordinance of the governing body. If more than a de minimus amount of real
property is removed from a redevelopment district or bioscience
development
district, the base year assessed
valuation of the redevelopment district or bioscience development
district shall
be revised to reflect the base
year assessed valuation of the remaining real property as of the date of the
original establishment of the redevelopment district or bioscience
development
district.
(h) A city may divide the real property in a redevelopment district or
bioscience
development district,
including real property in different redevelopment district or bioscience
development project areas within a
redevelopment district or bioscience development district, into separate
redevelopment districts or bioscience development districts. The base
year
assessed valuation of each resulting redevelopment district or bioscience
development district following such
division of real property shall be revised to reflect the base year assessed
valuation of the area of each resulting redevelopment district or bioscience
development district as of the date
of the original establishment of the redevelopment district or bioscience
development district. Any division of
real property within a redevelopment district or bioscience development
district
into more than one redevelopment district or bioscience development
district
shall be subject to the same procedure of public notice and
hearing as
is required for the establishment of the redevelopment district or
bioscience
development district.
(i) If a city has undertaken a redevelopment project or bioscience
development
project within a redevelopment district or bioscience development
district, and either the city wishes to subsequently remove more than a de
minimus amount of real property from the redevelopment district or
bioscience
development district or the city
wishes to subsequently divide the real property in the redevelopment
district or
bioscience development district
into more than one redevelopment district or bioscience development
district,
then prior to any such removal or
division the city must provide a feasibility study which shows that the tax
increment revenue from the resulting redevelopment district or bioscience
development district within which the
redevelopment project or bioscience development project
is located is expected
to be sufficient to pay the
redevelopment project costs or bioscience development project costs.
(j) Removal of real property from one redevelopment district or bioscience
development district and addition of
all or a portion of that real property to another redevelopment district or
bioscience development district may be
accomplished by the adoption of an ordinance and in such event the
determination of the existence or nonexistence of an adverse effect on the
county or school district under subsection (d) shall apply to both such removal
and such addition of real property to a redevelopment district or bioscience
development district.
(k) Any addition to, removal from or division of real property or a
substantial change as defined in K.S.A. 12-1770a, and amendments thereto, to a
bioscience development district may be made only with the approval of the
Kansas bioscience authority.
(l) A bioscience development district may be established in the
unincorporated area of a county by resolution of the board of county
commissioners governing the area if:
(1) The Kansas bioscience authority has proposed to establish a bioscience
development district there; and
(2) the board of county commissioners follows the notice, hearing and
approval procedures required of a city to establish a bioscience development
district.
(m) When establishing a bioscience development district as described in
subsection (1), any references to "city" contained in this section shall mean
"county" and any references to "ordinance" shall mean "resolution".
History: L. 1976, ch. 69, § 2;
L. 1979, ch. 52, § 2;
L. 1982, ch. 75, § 7;
L. 1984, ch. 74, § 2;
L. 1988, ch. 78, § 2;
L. 1991, ch. 59, § 1;
L. 1992, ch. 202, § 11;
L. 1993, ch. 213, § 1;
L. 1994, ch. 63, § 2;
L. 1996, ch. 228, § 2;
L. 1997, ch. 162, § 1;
L. 1998, ch. 17, § 2;
L. 1998, ch. 169, § 1;
L. 1998, ch. 199, § 22;
L. 1999, ch. 83, § 4;
L. 2001, ch. 103, § 3;
L. 2004, ch. 112, § 26;
L. 2004, ch. 183, § 1;
L. 2005, ch. 132, § 2;
L. 2007, ch. 179, § 23; July 1.