12-17,166.Procedure for establishing STAR bond
project; feasibility study; project plan; hearings; notice; posthearing
changes; transmittal of documents to county and school district; project
commencement and completion.
(a) One or more projects may be undertaken by a city or
county within an established STAR bond project district. Any city or county
proposing to undertake a STAR bond
project, shall prepare a
STAR bond project plan in consultation
with the planning commission of the city, and in consultation with the planning
commission of the county, if any, if such project is located wholly outside
the boundaries of the city. Any such project plan may be implemented in
separate development
stages.
(b) Any city or county proposing to undertake a STAR bond project within a
STAR bond project district established pursuant to K.S.A. 2009 Supp. 12-17,165,
and
amendments thereto, shall prepare a feasibility study. The
feasibility study shall contain the following:
(1) Whether a STAR bond project's revenue
and tax increment revenue and other available revenues under K.S.A. 2009 Supp.
12-17,169, and
amendments thereto, are expected to exceed or be sufficient to pay for the
project costs;
(2) the effect, if any, a STAR bond project will have on any outstanding
special obligation bonds payable from the revenues
described in K.S.A. 2009 Supp. 12-17,169, and amendments thereto;
(3) a statement of how the jobs and taxes obtained from the STAR bond project
will contribute significantly to the economic
development of the state and region;
(4) visitation expectations;
(5) the unique quality of the project;
(6) economic impact study;
(7) market study;
(8) market impact study;
(9) integration and collaboration with other resources or businesses;
(10) the quality of service and experience provided, as measured against
national consumer standards for the specific target market;
(11) project accountability, measured according to best industry practices;
(12) the expected return on state and local investment that the project is
anticipated to produce;
(13) 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 STAR
bond project. If a portion of local sales
and use taxes is so committed, the applicant shall describe the following:
(A) The percentage of city and county sales and use taxes collected that are
so committed; and
(B) the date or dates on which the city and county sales and use taxes
pledged to other uses can be pledged for repayment of bonds; and
(14) an anticipated principal and interest payment schedule on the bond
issue.
The failure to include all information enumerated in this subsection in the
feasibility study for a STAR bond project shall not affect the validity of
bonds issued pursuant to this act.
(c) If the city or county determines the project is feasible, the project
plan shall include:
(1) A summary of the feasibility study done as defined in subsection (b) of
this section, and amendments thereto;
(2) a reference to the district plan established under K.S.A. 2009 Supp.
12-17,165, and
amendments thereto, that identifies the project area that is set forth in the
project plan that is being considered;
(3) a description and map of the project area to be redeveloped;
(4) the relocation assistance plan as described in K.S.A. 2009 Supp.
12-17,172, and amendments
thereto;
(5) a detailed description of the buildings and facilities proposed to be
constructed or improved in such area; and
(6) any other information the governing body of the city or county deems
necessary to advise the public of the intent of the project plan.
(d) A copy of the STAR bond project plan prepared by a city shall be
delivered to the board of county commissioners
of the county and the board of education of any school district levying taxes
on property within the STAR bond project area. A
copy of the STAR bond project plan prepared by a county shall be delivered to
the board of education of any school
district levying taxes on property within the STAR bond project area.
(e) Upon a finding by the planning commission that the STAR bond project plan
is consistent with the intent of the
comprehensive plan for the development of the city, and a finding by the
planning commission of the county, if any, with respect to a STAR bond project
located wholly outside the boundaries of the
city, that the STAR bond project plan is
consistent with the intent of the comprehensive plan for the development of the
county, the governing body of the city or county shall adopt a resolution
stating that the city or county is considering the adoption of the STAR bond
project plan. Such resolution shall:
(1) Give notice that a public hearing will be held to consider the adoption
of the STAR bond project plan and fix
the date, hour and place of such public hearing;
(2) describe the boundaries of the STAR bond project district within which
the STAR bond project will be located and the date of establishment of such
district;
(3) describe the boundaries of the area proposed to be included within the
STAR bond project area; and
(4) state that the STAR bond project plan, including a summary of the
feasibility study, market study, relocation
assistance plan and financial guarantees of the prospective developer and a
description and map of the area to be redeveloped or developed are available
for inspection during regular office hours in the office of the city clerk or
county clerk, respectively.
(f) (1) The date fixed for the public hearing to consider the adoption of
the STAR bond project plan shall be not
less than 30 nor more than 70 days following the date of the adoption of the
resolution fixing the date of the hearing.
(2) A copy of the city or county resolution providing for the public hearing
shall be by certified mail, return receipt requested, sent by the city to the
board of county commissioners of the county and by the city or county to the
board of education of any school district levying taxes on property within the
proposed STAR bond project area. Copies also shall
be sent by certified mail, return receipt requested to each owner and occupant
of land within the proposed STAR bond project area not more than 10 days
following the date of the adoption of the resolution. The
resolution shall be published once in the official city or county newspaper not
less than one week nor more than two weeks preceding the date fixed for the
public hearing. A sketch clearly delineating the area in sufficient detail to
advise the reader of the particular land proposed to be included within the
STAR bond project area shall be
published with the resolution.
(3) At the public hearing, a representative of the city or county shall
present the city's or county's proposed STAR bond project plan. Following the
presentation of the STAR bond project
area, all interested persons shall be given an
opportunity to be heard. The governing body for good cause shown may recess
such hearing to a time and date certain, which shall be fixed in the presence
of persons in attendance at the hearing.
(g) The public hearing records and feasibility study shall be subject to the
open records act, K.S.A. 45-215, and amendments thereto.
(h) Upon conclusion of the public hearing, the governing body may adopt the
STAR bond project plan by ordinance or
resolution passed upon a two-thirds vote of the members.
(i) After the adoption by the city or county governing body of a STAR bond
project plan, the clerk of the city or
county shall transmit a copy of the description of the land within the STAR
bond project district, a copy of the ordinance or
resolution adopting the plan and a map or plat indicating the boundaries of the
district to the clerk, appraiser and treasurer of the county in which the
district is located and to the governing bodies of the county and school
district which levy taxes upon any property in the district. Such documents
shall be transmitted following the adoption or modification of the plan or a
revision of the plan on or before January 1 of the year in which the increment
is first allocated to the taxing subdivision.
(j) If the STAR bond project plan is
approved, the feasibility study shall be supplemented to include a copy of the
minutes of the governing body meetings of any city or county whose bonding
authority will be utilized in the STAR bond project, evidencing that a STAR
bond project plan has been created, discussed and adopted by the city or county
in a
regularly scheduled open public meeting.
(k) Any substantial changes as defined in K.S.A. 2009 Supp.
12-17,162, and
amendments thereto,
to the STAR bond project plan as adopted
shall be subject to a public hearing following publication of notice thereof at
least twice in the official city or county newspaper.
(l) Any STAR bond project shall be
completed within 20 years from the date of the approval of the STAR bond
project plan. The maximum maturity on
bonds issued to finance projects pursuant to this act shall not exceed 20
years.
(m) Kansas resident employees shall be given priority
consideration for
employment in construction projects located in a STAR bond project area.
(n) Any developer of a STAR bond project shall commence
work on the project
within two years from the date of adoption
of the STAR bond project plan. Should
the developer fail to commence work on the STAR bond project within the
two-year period, funding for such project shall
cease and the developer of such project or complex shall have one year to
appeal to the secretary for reapproval of such project and the funding for it.
Should the project be reapproved, the two-year period for commencement shall
apply.
History: L. 2007, ch. 179, § 7;
L. 2009, ch. 95, § 2; July 1.
12-17,166.Procedure for establishing STAR bond
project; feasibility study; project plan; hearings; notice; posthearing
changes; transmittal of documents to county and school district; project
commencement and completion.
(a) One or more projects may be undertaken by a city or
county within an established STAR bond project district. Any city or county
proposing to undertake a STAR bond
project, shall prepare a
STAR bond project plan in consultation
with the planning commission of the city, and in consultation with the planning
commission of the county, if any, if such project is located wholly outside
the boundaries of the city. Any such project plan may be implemented in
separate development
stages.
(b) Any city or county proposing to undertake a STAR bond project within a
STAR bond project district established pursuant to K.S.A. 2009 Supp. 12-17,165,
and
amendments thereto, shall prepare a feasibility study. The
feasibility study shall contain the following:
(1) Whether a STAR bond project's revenue
and tax increment revenue and other available revenues under K.S.A. 2009 Supp.
12-17,169, and
amendments thereto, are expected to exceed or be sufficient to pay for the
project costs;
(2) the effect, if any, a STAR bond project will have on any outstanding
special obligation bonds payable from the revenues
described in K.S.A. 2009 Supp. 12-17,169, and amendments thereto;
(3) a statement of how the jobs and taxes obtained from the STAR bond project
will contribute significantly to the economic
development of the state and region;
(4) visitation expectations;
(5) the unique quality of the project;
(6) economic impact study;
(7) market study;
(8) market impact study;
(9) integration and collaboration with other resources or businesses;
(10) the quality of service and experience provided, as measured against
national consumer standards for the specific target market;
(11) project accountability, measured according to best industry practices;
(12) the expected return on state and local investment that the project is
anticipated to produce;
(13) 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 STAR
bond project. If a portion of local sales
and use taxes is so committed, the applicant shall describe the following:
(A) The percentage of city and county sales and use taxes collected that are
so committed; and
(B) the date or dates on which the city and county sales and use taxes
pledged to other uses can be pledged for repayment of bonds; and
(14) an anticipated principal and interest payment schedule on the bond
issue.
The failure to include all information enumerated in this subsection in the
feasibility study for a STAR bond project shall not affect the validity of
bonds issued pursuant to this act.
(c) If the city or county determines the project is feasible, the project
plan shall include:
(1) A summary of the feasibility study done as defined in subsection (b) of
this section, and amendments thereto;
(2) a reference to the district plan established under K.S.A. 2009 Supp.
12-17,165, and
amendments thereto, that identifies the project area that is set forth in the
project plan that is being considered;
(3) a description and map of the project area to be redeveloped;
(4) the relocation assistance plan as described in K.S.A. 2009 Supp.
12-17,172, and amendments
thereto;
(5) a detailed description of the buildings and facilities proposed to be
constructed or improved in such area; and
(6) any other information the governing body of the city or county deems
necessary to advise the public of the intent of the project plan.
(d) A copy of the STAR bond project plan prepared by a city shall be
delivered to the board of county commissioners
of the county and the board of education of any school district levying taxes
on property within the STAR bond project area. A
copy of the STAR bond project plan prepared by a county shall be delivered to
the board of education of any school
district levying taxes on property within the STAR bond project area.
(e) Upon a finding by the planning commission that the STAR bond project plan
is consistent with the intent of the
comprehensive plan for the development of the city, and a finding by the
planning commission of the county, if any, with respect to a STAR bond project
located wholly outside the boundaries of the
city, that the STAR bond project plan is
consistent with the intent of the comprehensive plan for the development of the
county, the governing body of the city or county shall adopt a resolution
stating that the city or county is considering the adoption of the STAR bond
project plan. Such resolution shall:
(1) Give notice that a public hearing will be held to consider the adoption
of the STAR bond project plan and fix
the date, hour and place of such public hearing;
(2) describe the boundaries of the STAR bond project district within which
the STAR bond project will be located and the date of establishment of such
district;
(3) describe the boundaries of the area proposed to be included within the
STAR bond project area; and
(4) state that the STAR bond project plan, including a summary of the
feasibility study, market study, relocation
assistance plan and financial guarantees of the prospective developer and a
description and map of the area to be redeveloped or developed are available
for inspection during regular office hours in the office of the city clerk or
county clerk, respectively.
(f) (1) The date fixed for the public hearing to consider the adoption of
the STAR bond project plan shall be not
less than 30 nor more than 70 days following the date of the adoption of the
resolution fixing the date of the hearing.
(2) A copy of the city or county resolution providing for the public hearing
shall be by certified mail, return receipt requested, sent by the city to the
board of county commissioners of the county and by the city or county to the
board of education of any school district levying taxes on property within the
proposed STAR bond project area. Copies also shall
be sent by certified mail, return receipt requested to each owner and occupant
of land within the proposed STAR bond project area not more than 10 days
following the date of the adoption of the resolution. The
resolution shall be published once in the official city or county newspaper not
less than one week nor more than two weeks preceding the date fixed for the
public hearing. A sketch clearly delineating the area in sufficient detail to
advise the reader of the particular land proposed to be included within the
STAR bond project area shall be
published with the resolution.
(3) At the public hearing, a representative of the city or county shall
present the city's or county's proposed STAR bond project plan. Following the
presentation of the STAR bond project
area, all interested persons shall be given an
opportunity to be heard. The governing body for good cause shown may recess
such hearing to a time and date certain, which shall be fixed in the presence
of persons in attendance at the hearing.
(g) The public hearing records and feasibility study shall be subject to the
open records act, K.S.A. 45-215, and amendments thereto.
(h) Upon conclusion of the public hearing, the governing body may adopt the
STAR bond project plan by ordinance or
resolution passed upon a two-thirds vote of the members.
(i) After the adoption by the city or county governing body of a STAR bond
project plan, the clerk of the city or
county shall transmit a copy of the description of the land within the STAR
bond project district, a copy of the ordinance or
resolution adopting the plan and a map or plat indicating the boundaries of the
district to the clerk, appraiser and treasurer of the county in which the
district is located and to the governing bodies of the county and school
district which levy taxes upon any property in the district. Such documents
shall be transmitted following the adoption or modification of the plan or a
revision of the plan on or before January 1 of the year in which the increment
is first allocated to the taxing subdivision.
(j) If the STAR bond project plan is
approved, the feasibility study shall be supplemented to include a copy of the
minutes of the governing body meetings of any city or county whose bonding
authority will be utilized in the STAR bond project, evidencing that a STAR
bond project plan has been created, discussed and adopted by the city or county
in a
regularly scheduled open public meeting.
(k) Any substantial changes as defined in K.S.A. 2009 Supp.
12-17,162, and
amendments thereto,
to the STAR bond project plan as adopted
shall be subject to a public hearing following publication of notice thereof at
least twice in the official city or county newspaper.
(l) Any STAR bond project shall be
completed within 20 years from the date of the approval of the STAR bond
project plan. The maximum maturity on
bonds issued to finance projects pursuant to this act shall not exceed 20
years.
(m) Kansas resident employees shall be given priority
consideration for
employment in construction projects located in a STAR bond project area.
(n) Any developer of a STAR bond project shall commence
work on the project
within two years from the date of adoption
of the STAR bond project plan. Should
the developer fail to commence work on the STAR bond project within the
two-year period, funding for such project shall
cease and the developer of such project or complex shall have one year to
appeal to the secretary for reapproval of such project and the funding for it.
Should the project be reapproved, the two-year period for commencement shall
apply.
History: L. 2007, ch. 179, § 7;
L. 2009, ch. 95, § 2; July 1.
12-17,166.Procedure for establishing STAR bond
project; feasibility study; project plan; hearings; notice; posthearing
changes; transmittal of documents to county and school district; project
commencement and completion.
(a) One or more projects may be undertaken by a city or
county within an established STAR bond project district. Any city or county
proposing to undertake a STAR bond
project, shall prepare a
STAR bond project plan in consultation
with the planning commission of the city, and in consultation with the planning
commission of the county, if any, if such project is located wholly outside
the boundaries of the city. Any such project plan may be implemented in
separate development
stages.
(b) Any city or county proposing to undertake a STAR bond project within a
STAR bond project district established pursuant to K.S.A. 2009 Supp. 12-17,165,
and
amendments thereto, shall prepare a feasibility study. The
feasibility study shall contain the following:
(1) Whether a STAR bond project's revenue
and tax increment revenue and other available revenues under K.S.A. 2009 Supp.
12-17,169, and
amendments thereto, are expected to exceed or be sufficient to pay for the
project costs;
(2) the effect, if any, a STAR bond project will have on any outstanding
special obligation bonds payable from the revenues
described in K.S.A. 2009 Supp. 12-17,169, and amendments thereto;
(3) a statement of how the jobs and taxes obtained from the STAR bond project
will contribute significantly to the economic
development of the state and region;
(4) visitation expectations;
(5) the unique quality of the project;
(6) economic impact study;
(7) market study;
(8) market impact study;
(9) integration and collaboration with other resources or businesses;
(10) the quality of service and experience provided, as measured against
national consumer standards for the specific target market;
(11) project accountability, measured according to best industry practices;
(12) the expected return on state and local investment that the project is
anticipated to produce;
(13) 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 STAR
bond project. If a portion of local sales
and use taxes is so committed, the applicant shall describe the following:
(A) The percentage of city and county sales and use taxes collected that are
so committed; and
(B) the date or dates on which the city and county sales and use taxes
pledged to other uses can be pledged for repayment of bonds; and
(14) an anticipated principal and interest payment schedule on the bond
issue.
The failure to include all information enumerated in this subsection in the
feasibility study for a STAR bond project shall not affect the validity of
bonds issued pursuant to this act.
(c) If the city or county determines the project is feasible, the project
plan shall include:
(1) A summary of the feasibility study done as defined in subsection (b) of
this section, and amendments thereto;
(2) a reference to the district plan established under K.S.A. 2009 Supp.
12-17,165, and
amendments thereto, that identifies the project area that is set forth in the
project plan that is being considered;
(3) a description and map of the project area to be redeveloped;
(4) the relocation assistance plan as described in K.S.A. 2009 Supp.
12-17,172, and amendments
thereto;
(5) a detailed description of the buildings and facilities proposed to be
constructed or improved in such area; and
(6) any other information the governing body of the city or county deems
necessary to advise the public of the intent of the project plan.
(d) A copy of the STAR bond project plan prepared by a city shall be
delivered to the board of county commissioners
of the county and the board of education of any school district levying taxes
on property within the STAR bond project area. A
copy of the STAR bond project plan prepared by a county shall be delivered to
the board of education of any school
district levying taxes on property within the STAR bond project area.
(e) Upon a finding by the planning commission that the STAR bond project plan
is consistent with the intent of the
comprehensive plan for the development of the city, and a finding by the
planning commission of the county, if any, with respect to a STAR bond project
located wholly outside the boundaries of the
city, that the STAR bond project plan is
consistent with the intent of the comprehensive plan for the development of the
county, the governing body of the city or county shall adopt a resolution
stating that the city or county is considering the adoption of the STAR bond
project plan. Such resolution shall:
(1) Give notice that a public hearing will be held to consider the adoption
of the STAR bond project plan and fix
the date, hour and place of such public hearing;
(2) describe the boundaries of the STAR bond project district within which
the STAR bond project will be located and the date of establishment of such
district;
(3) describe the boundaries of the area proposed to be included within the
STAR bond project area; and
(4) state that the STAR bond project plan, including a summary of the
feasibility study, market study, relocation
assistance plan and financial guarantees of the prospective developer and a
description and map of the area to be redeveloped or developed are available
for inspection during regular office hours in the office of the city clerk or
county clerk, respectively.
(f) (1) The date fixed for the public hearing to consider the adoption of
the STAR bond project plan shall be not
less than 30 nor more than 70 days following the date of the adoption of the
resolution fixing the date of the hearing.
(2) A copy of the city or county resolution providing for the public hearing
shall be by certified mail, return receipt requested, sent by the city to the
board of county commissioners of the county and by the city or county to the
board of education of any school district levying taxes on property within the
proposed STAR bond project area. Copies also shall
be sent by certified mail, return receipt requested to each owner and occupant
of land within the proposed STAR bond project area not more than 10 days
following the date of the adoption of the resolution. The
resolution shall be published once in the official city or county newspaper not
less than one week nor more than two weeks preceding the date fixed for the
public hearing. A sketch clearly delineating the area in sufficient detail to
advise the reader of the particular land proposed to be included within the
STAR bond project area shall be
published with the resolution.
(3) At the public hearing, a representative of the city or county shall
present the city's or county's proposed STAR bond project plan. Following the
presentation of the STAR bond project
area, all interested persons shall be given an
opportunity to be heard. The governing body for good cause shown may recess
such hearing to a time and date certain, which shall be fixed in the presence
of persons in attendance at the hearing.
(g) The public hearing records and feasibility study shall be subject to the
open records act, K.S.A. 45-215, and amendments thereto.
(h) Upon conclusion of the public hearing, the governing body may adopt the
STAR bond project plan by ordinance or
resolution passed upon a two-thirds vote of the members.
(i) After the adoption by the city or county governing body of a STAR bond
project plan, the clerk of the city or
county shall transmit a copy of the description of the land within the STAR
bond project district, a copy of the ordinance or
resolution adopting the plan and a map or plat indicating the boundaries of the
district to the clerk, appraiser and treasurer of the county in which the
district is located and to the governing bodies of the county and school
district which levy taxes upon any property in the district. Such documents
shall be transmitted following the adoption or modification of the plan or a
revision of the plan on or before January 1 of the year in which the increment
is first allocated to the taxing subdivision.
(j) If the STAR bond project plan is
approved, the feasibility study shall be supplemented to include a copy of the
minutes of the governing body meetings of any city or county whose bonding
authority will be utilized in the STAR bond project, evidencing that a STAR
bond project plan has been created, discussed and adopted by the city or county
in a
regularly scheduled open public meeting.
(k) Any substantial changes as defined in K.S.A. 2009 Supp.
12-17,162, and
amendments thereto,
to the STAR bond project plan as adopted
shall be subject to a public hearing following publication of notice thereof at
least twice in the official city or county newspaper.
(l) Any STAR bond project shall be
completed within 20 years from the date of the approval of the STAR bond
project plan. The maximum maturity on
bonds issued to finance projects pursuant to this act shall not exceed 20
years.
(m) Kansas resident employees shall be given priority
consideration for
employment in construction projects located in a STAR bond project area.
(n) Any developer of a STAR bond project shall commence
work on the project
within two years from the date of adoption
of the STAR bond project plan. Should
the developer fail to commence work on the STAR bond project within the
two-year period, funding for such project shall
cease and the developer of such project or complex shall have one year to
appeal to the secretary for reapproval of such project and the funding for it.
Should the project be reapproved, the two-year period for commencement shall
apply.
History: L. 2007, ch. 179, § 7;
L. 2009, ch. 95, § 2; July 1.