12-17,165.Procedure for establishing STAR bond
project district; hearings; notice; limitations.
(a) When a city or county proposes to establish a STAR
bond project district, within an eligible
area, the city or county
shall adopt a resolution stating that the city or county is considering the
establishment of a STAR bond
project district. Such resolution shall:
(1) Give notice that a public hearing will be held to consider the
establishment of a STAR bond project district and fix the date, hour and place
of such public hearing;
(2) describe the proposed boundaries of the STAR bond project district;
(3) describe the STAR bond project district plan;
(4) state that a description and map of the proposed STAR bond project
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 STAR bond project district.
Notice shall be given as prescribed in subsection (f)(2) of
K.S.A. 2009 Supp.
12-17,166, and
amendments thereto.
(b) The city or county shall submit the proposed STAR bond project district
to the
secretary for a determination that the district is an eligible area as defined
in
K.S.A. 2009 Supp.
12-17,162,
and amendments thereto.
(c) Upon the conclusion of the public hearing, and a finding by the secretary
that the proposed project district is an eligible area, the governing body of
the municipality shall pass an
ordinance or resolution.
(1) An ordinance or resolution for a STAR bond project district shall:
(A) Make findings that the STAR bond project district proposed to be
developed is an historic theater, or a STAR bond project as defined in K.S.A.
2009 Supp. 12-17,162, and amendments thereto;
(B) contain a STAR bond project district plan that identifies all of the
proposed STAR bond project areas and identifies in a general manner all of the
buildings and facilities that are proposed to be constructed or improved in
each STAR bond project area. The boundaries of such STAR bond project district
shall not include any area not designated in the notice required by subsection
(a); and
(C) contain the legal description of the STAR bond project district and may
establish the STAR bond project district.
(2) If no ordinance or resolution is passed by the city or county within 30
days from the conclusion of the public hearing, then such STAR bond project
district shall not be established.
(d) The governing body of a city or county may establish a STAR bond project
district within that city or 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 must provide
notice and hold a hearing as is required of a city pursuant to subsection (a)
for the establishment of a STAR bond project district.
The governing body of a county may establish a STAR bond project district
within the unincorporated area of the county.
(e) One or more STAR bond projects may be
undertaken by a city or county within a STAR bond project district after such
STAR bond project district has been established in the manner provided by
this section.
(f) No privately owned property subject to ad valorem taxes shall be acquired
and redeveloped under the provisions of
K.S.A. 2009 Supp.
12-17,160 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 STAR
bond project district required by subsection
(a) that the proposed STAR bond project 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 or county. The city or county shall within 30 days
of receipt of such resolution pass an ordinance or resolution dissolving the
STAR bond project district. The provisions
of this subsection shall not apply if the STAR bond project plan provides that
ad valorem property tax
revenues of the county or the school district levying taxes on such property
will not be adversely impacted.
(g) A STAR bond project shall not include a project for a gambling casino.
12-17,165.Procedure for establishing STAR bond
project district; hearings; notice; limitations.
(a) When a city or county proposes to establish a STAR
bond project district, within an eligible
area, the city or county
shall adopt a resolution stating that the city or county is considering the
establishment of a STAR bond
project district. Such resolution shall:
(1) Give notice that a public hearing will be held to consider the
establishment of a STAR bond project district and fix the date, hour and place
of such public hearing;
(2) describe the proposed boundaries of the STAR bond project district;
(3) describe the STAR bond project district plan;
(4) state that a description and map of the proposed STAR bond project
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 STAR bond project district.
Notice shall be given as prescribed in subsection (f)(2) of
K.S.A. 2009 Supp.
12-17,166, and
amendments thereto.
(b) The city or county shall submit the proposed STAR bond project district
to the
secretary for a determination that the district is an eligible area as defined
in
K.S.A. 2009 Supp.
12-17,162,
and amendments thereto.
(c) Upon the conclusion of the public hearing, and a finding by the secretary
that the proposed project district is an eligible area, the governing body of
the municipality shall pass an
ordinance or resolution.
(1) An ordinance or resolution for a STAR bond project district shall:
(A) Make findings that the STAR bond project district proposed to be
developed is an historic theater, or a STAR bond project as defined in K.S.A.
2009 Supp. 12-17,162, and amendments thereto;
(B) contain a STAR bond project district plan that identifies all of the
proposed STAR bond project areas and identifies in a general manner all of the
buildings and facilities that are proposed to be constructed or improved in
each STAR bond project area. The boundaries of such STAR bond project district
shall not include any area not designated in the notice required by subsection
(a); and
(C) contain the legal description of the STAR bond project district and may
establish the STAR bond project district.
(2) If no ordinance or resolution is passed by the city or county within 30
days from the conclusion of the public hearing, then such STAR bond project
district shall not be established.
(d) The governing body of a city or county may establish a STAR bond project
district within that city or 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 must provide
notice and hold a hearing as is required of a city pursuant to subsection (a)
for the establishment of a STAR bond project district.
The governing body of a county may establish a STAR bond project district
within the unincorporated area of the county.
(e) One or more STAR bond projects may be
undertaken by a city or county within a STAR bond project district after such
STAR bond project district has been established in the manner provided by
this section.
(f) No privately owned property subject to ad valorem taxes shall be acquired
and redeveloped under the provisions of
K.S.A. 2009 Supp.
12-17,160 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 STAR
bond project district required by subsection
(a) that the proposed STAR bond project 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 or county. The city or county shall within 30 days
of receipt of such resolution pass an ordinance or resolution dissolving the
STAR bond project district. The provisions
of this subsection shall not apply if the STAR bond project plan provides that
ad valorem property tax
revenues of the county or the school district levying taxes on such property
will not be adversely impacted.
(g) A STAR bond project shall not include a project for a gambling casino.
12-17,165.Procedure for establishing STAR bond
project district; hearings; notice; limitations.
(a) When a city or county proposes to establish a STAR
bond project district, within an eligible
area, the city or county
shall adopt a resolution stating that the city or county is considering the
establishment of a STAR bond
project district. Such resolution shall:
(1) Give notice that a public hearing will be held to consider the
establishment of a STAR bond project district and fix the date, hour and place
of such public hearing;
(2) describe the proposed boundaries of the STAR bond project district;
(3) describe the STAR bond project district plan;
(4) state that a description and map of the proposed STAR bond project
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 STAR bond project district.
Notice shall be given as prescribed in subsection (f)(2) of
K.S.A. 2009 Supp.
12-17,166, and
amendments thereto.
(b) The city or county shall submit the proposed STAR bond project district
to the
secretary for a determination that the district is an eligible area as defined
in
K.S.A. 2009 Supp.
12-17,162,
and amendments thereto.
(c) Upon the conclusion of the public hearing, and a finding by the secretary
that the proposed project district is an eligible area, the governing body of
the municipality shall pass an
ordinance or resolution.
(1) An ordinance or resolution for a STAR bond project district shall:
(A) Make findings that the STAR bond project district proposed to be
developed is an historic theater, or a STAR bond project as defined in K.S.A.
2009 Supp. 12-17,162, and amendments thereto;
(B) contain a STAR bond project district plan that identifies all of the
proposed STAR bond project areas and identifies in a general manner all of the
buildings and facilities that are proposed to be constructed or improved in
each STAR bond project area. The boundaries of such STAR bond project district
shall not include any area not designated in the notice required by subsection
(a); and
(C) contain the legal description of the STAR bond project district and may
establish the STAR bond project district.
(2) If no ordinance or resolution is passed by the city or county within 30
days from the conclusion of the public hearing, then such STAR bond project
district shall not be established.
(d) The governing body of a city or county may establish a STAR bond project
district within that city or 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 must provide
notice and hold a hearing as is required of a city pursuant to subsection (a)
for the establishment of a STAR bond project district.
The governing body of a county may establish a STAR bond project district
within the unincorporated area of the county.
(e) One or more STAR bond projects may be
undertaken by a city or county within a STAR bond project district after such
STAR bond project district has been established in the manner provided by
this section.
(f) No privately owned property subject to ad valorem taxes shall be acquired
and redeveloped under the provisions of
K.S.A. 2009 Supp.
12-17,160 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 STAR
bond project district required by subsection
(a) that the proposed STAR bond project 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 or county. The city or county shall within 30 days
of receipt of such resolution pass an ordinance or resolution dissolving the
STAR bond project district. The provisions
of this subsection shall not apply if the STAR bond project plan provides that
ad valorem property tax
revenues of the county or the school district levying taxes on such property
will not be adversely impacted.
(g) A STAR bond project shall not include a project for a gambling casino.