17-4760.Definitions.
The following terms wherever used or referred to in this act, shall have
the following meanings, unless a different meaning is clearly indicated
by the context:
(a) "Agency" or "urban renewal agency" shall mean a public agency
created by K.S.A. 17-4757.
(b) "Municipality" shall mean any incorporated city in the state of
Kansas.
(c) "Public body" shall mean the state or any municipality,
township, village, board, commission, authority, district, or any other
subdivision or public body of the state.
(d) "Local governing body" shall mean the council, commission or
other legislative body charged with governing the municipality.
(e) "Mayor" shall mean the mayor of a municipality or other officer
or body having the duties customarily imposed upon the executive head of
a municipality.
(f) "Clerk" shall mean the clerk and other official of the
municipality who is the custodian of the official records of such
municipality.
(g) "Federal government" shall include the United States of America
or any agency or instrumentality, corporate or otherwise, of the United
States of America.
(h) "Slum area" shall mean an area in which there is a predominance
of buildings or improvements, whether residential or nonresidential,
which by reason of dilapidation, deterioration, age or obsolescence,
inadequate provision for ventilation, light, air, sanitation, or open
spaces, high density of population and overcrowding, or the existence of
conditions which endanger life or property by fire and other causes, or
any combination of such factors is conducive to ill health, transmission
of disease, infant mortality, juvenile delinquency, or crime, and is
detrimental to the public health, safety, morals or welfare.
(i) "Blighted area" shall mean an area (other than a slum area)
which by reason of the presence of a substantial number of slum,
deteriorated or deteriorating structures, predominance of defective or
inadequate street layout, faulty lot layout in relation to size,
adequacy, accessibility or usefulness, insanitary or unsafe conditions,
deterioration of site or other improvements, diversity of ownership, tax
or special assessment delinquency exceeding the fair value of the land,
defective or unusual conditions of title, improper subdivision or
obsolete platting, or the existence of conditions which endanger life or
property by fire and other causes, or any combination of such factors,
substantially impairs or arrests the sound growth of a municipality,
retards the provision of housing accommodations or constitutes an
economic or social liability and is a menace to the public health,
safety, morals, or welfare in its present condition and use: Provided,
That if such blighted area consists of open land the conditions
contained in the proviso in K.S.A. 17-4747(d) shall apply.
(j) "Urban renewal project" may include undertakings or activities
of a municipality in an urban renewal area for the elimination and for
the prevention of the development or spread of slums and blight, and may
involve slum clearance and redevelopment in an urban renewal area, or
rehabilitation or conservation in an urban renewal area, or any
combination or part thereof in accordance with an urban renewal plan.
(k) "Slum clearance and redevelopment" may include (1) acquisition
of a slum area or a blighted area or portion thereof; (2) demolition and
removal of buildings and improvements; (3) installation, construction,
or reconstruction of streets, utilities, parks, playgrounds, and other
improvements necessary for carrying out in the area the urban renewal
provisions of this act in accordance with the urban renewal plan; and
(4) making the land available for development or redevelopment by
private enterprise or public agencies (including sale, initial leasing,
or retention by the municipality itself) at its fair value for uses in
accordance with the urban renewal plan.
(l) "Rehabilitation" or "conservation" may include the restoration
and renewal of a slum or blighted area or portion thereof, in accordance
with an urban renewal plan, by (1) carrying out plans for a program of
voluntary or compulsory repair and rehabilitation of buildings or other
improvements; (2) acquisition of real property and demolition or removal
of buildings and improvements thereon where necessary to eliminate
unhealthful, insanitary or unsafe conditions, lessen density, eliminate
obsolete or other uses detrimental to the public welfare, or to
otherwise remove or prevent the spread of blight or deterioration, or to
provide land for needed public facilities; (3) installation,
construction or reconstruction of streets, utilities, parks,
playgrounds, and other improvements necessary for carrying out in the
area the urban renewal provisions of this act; and (4) the disposition
of any property acquired in such urban renewal area (including sale,
initial leasing, or retention by the municipality itself) at its fair
value for uses in accordance with such urban renewal plan.
(m) "Urban renewal area" means a slum area or a blighted area or a
combination thereof which the local governing body designates as
appropriate for an urban renewal project.
(n) "Urban renewal plan" means a plan, as it exists from time to
time, for an urban renewal project, which plan (1) shall conform to the
general plan for the municipality as a whole; and (2) shall be
sufficiently complete to indicate such land acquisition, demolition and
removal of structures, redevelopment, improvements, and rehabilitation
as may be proposed to be carried out in the urban renewal area, zoning
and planning changes, if any, land uses, maximum densities, building
requirements, and the plan's relationship to definite local objectives
respecting appropriate land uses, improved traffic, public
transportation, public utilities, recreational and community facilities,
and other public improvements.
(o) "Real property" shall include all lands, including improvements
and fixtures thereon, and property of any nature appurtenant thereto, or
used in connection therewith, and every estate, interest, right and use,
legal or equitable, therein, including terms for years and liens by way
of judgment, mortgage or otherwise.
(p) "Bonds" shall mean any bonds (including refunding bonds), notes,
interim certificates, certificates of indebtedness, debentures or other
obligations.
(q) "Obligee" shall include any bondholder, agents or trustees for
any bondholders, or lessor demising to the municipality property used in
connection with an urban renewal project, or any assignee or assignees
of such lessor's interest or any part thereof, and the federal
government when it is a party to any contract with the municipality.
(r) "Person" shall mean any individual, firm, partnership,
corporation, company, association, joint stock association, or body
politic; and shall include any trustee, receiver, assignee, or other
person acting in a similar representative capacity.
(s) "Area of operation" shall mean the area within the corporate
limits of the municipality and the area within five (5) miles of such
limits, except that it shall not include any area which lies within the
territorial boundaries of another incorporated city unless a resolution
shall have been adopted by the governing body of such other city
declaring a need therefor and except that it shall not include any area
lying beyond the territorial boundaries of the county in which the
municipality is located.
(t) "Board" or "commission" shall mean a board, commission,
department, division, office, body or other unit of the municipality.
(u) "Public officer" shall mean any officer who shall be delegated
by the local governing body to be in charge of any department or branch
of the government of the municipality relating to health, fire, building
regulations, or to other activities concerning dwellings in the
municipality.
History: L. 1955, ch. 86, § 19; L. 1957, ch. 157, § 1; June 29.
17-4760.Definitions.
The following terms wherever used or referred to in this act, shall have
the following meanings, unless a different meaning is clearly indicated
by the context:
(a) "Agency" or "urban renewal agency" shall mean a public agency
created by K.S.A. 17-4757.
(b) "Municipality" shall mean any incorporated city in the state of
Kansas.
(c) "Public body" shall mean the state or any municipality,
township, village, board, commission, authority, district, or any other
subdivision or public body of the state.
(d) "Local governing body" shall mean the council, commission or
other legislative body charged with governing the municipality.
(e) "Mayor" shall mean the mayor of a municipality or other officer
or body having the duties customarily imposed upon the executive head of
a municipality.
(f) "Clerk" shall mean the clerk and other official of the
municipality who is the custodian of the official records of such
municipality.
(g) "Federal government" shall include the United States of America
or any agency or instrumentality, corporate or otherwise, of the United
States of America.
(h) "Slum area" shall mean an area in which there is a predominance
of buildings or improvements, whether residential or nonresidential,
which by reason of dilapidation, deterioration, age or obsolescence,
inadequate provision for ventilation, light, air, sanitation, or open
spaces, high density of population and overcrowding, or the existence of
conditions which endanger life or property by fire and other causes, or
any combination of such factors is conducive to ill health, transmission
of disease, infant mortality, juvenile delinquency, or crime, and is
detrimental to the public health, safety, morals or welfare.
(i) "Blighted area" shall mean an area (other than a slum area)
which by reason of the presence of a substantial number of slum,
deteriorated or deteriorating structures, predominance of defective or
inadequate street layout, faulty lot layout in relation to size,
adequacy, accessibility or usefulness, insanitary or unsafe conditions,
deterioration of site or other improvements, diversity of ownership, tax
or special assessment delinquency exceeding the fair value of the land,
defective or unusual conditions of title, improper subdivision or
obsolete platting, or the existence of conditions which endanger life or
property by fire and other causes, or any combination of such factors,
substantially impairs or arrests the sound growth of a municipality,
retards the provision of housing accommodations or constitutes an
economic or social liability and is a menace to the public health,
safety, morals, or welfare in its present condition and use: Provided,
That if such blighted area consists of open land the conditions
contained in the proviso in K.S.A. 17-4747(d) shall apply.
(j) "Urban renewal project" may include undertakings or activities
of a municipality in an urban renewal area for the elimination and for
the prevention of the development or spread of slums and blight, and may
involve slum clearance and redevelopment in an urban renewal area, or
rehabilitation or conservation in an urban renewal area, or any
combination or part thereof in accordance with an urban renewal plan.
(k) "Slum clearance and redevelopment" may include (1) acquisition
of a slum area or a blighted area or portion thereof; (2) demolition and
removal of buildings and improvements; (3) installation, construction,
or reconstruction of streets, utilities, parks, playgrounds, and other
improvements necessary for carrying out in the area the urban renewal
provisions of this act in accordance with the urban renewal plan; and
(4) making the land available for development or redevelopment by
private enterprise or public agencies (including sale, initial leasing,
or retention by the municipality itself) at its fair value for uses in
accordance with the urban renewal plan.
(l) "Rehabilitation" or "conservation" may include the restoration
and renewal of a slum or blighted area or portion thereof, in accordance
with an urban renewal plan, by (1) carrying out plans for a program of
voluntary or compulsory repair and rehabilitation of buildings or other
improvements; (2) acquisition of real property and demolition or removal
of buildings and improvements thereon where necessary to eliminate
unhealthful, insanitary or unsafe conditions, lessen density, eliminate
obsolete or other uses detrimental to the public welfare, or to
otherwise remove or prevent the spread of blight or deterioration, or to
provide land for needed public facilities; (3) installation,
construction or reconstruction of streets, utilities, parks,
playgrounds, and other improvements necessary for carrying out in the
area the urban renewal provisions of this act; and (4) the disposition
of any property acquired in such urban renewal area (including sale,
initial leasing, or retention by the municipality itself) at its fair
value for uses in accordance with such urban renewal plan.
(m) "Urban renewal area" means a slum area or a blighted area or a
combination thereof which the local governing body designates as
appropriate for an urban renewal project.
(n) "Urban renewal plan" means a plan, as it exists from time to
time, for an urban renewal project, which plan (1) shall conform to the
general plan for the municipality as a whole; and (2) shall be
sufficiently complete to indicate such land acquisition, demolition and
removal of structures, redevelopment, improvements, and rehabilitation
as may be proposed to be carried out in the urban renewal area, zoning
and planning changes, if any, land uses, maximum densities, building
requirements, and the plan's relationship to definite local objectives
respecting appropriate land uses, improved traffic, public
transportation, public utilities, recreational and community facilities,
and other public improvements.
(o) "Real property" shall include all lands, including improvements
and fixtures thereon, and property of any nature appurtenant thereto, or
used in connection therewith, and every estate, interest, right and use,
legal or equitable, therein, including terms for years and liens by way
of judgment, mortgage or otherwise.
(p) "Bonds" shall mean any bonds (including refunding bonds), notes,
interim certificates, certificates of indebtedness, debentures or other
obligations.
(q) "Obligee" shall include any bondholder, agents or trustees for
any bondholders, or lessor demising to the municipality property used in
connection with an urban renewal project, or any assignee or assignees
of such lessor's interest or any part thereof, and the federal
government when it is a party to any contract with the municipality.
(r) "Person" shall mean any individual, firm, partnership,
corporation, company, association, joint stock association, or body
politic; and shall include any trustee, receiver, assignee, or other
person acting in a similar representative capacity.
(s) "Area of operation" shall mean the area within the corporate
limits of the municipality and the area within five (5) miles of such
limits, except that it shall not include any area which lies within the
territorial boundaries of another incorporated city unless a resolution
shall have been adopted by the governing body of such other city
declaring a need therefor and except that it shall not include any area
lying beyond the territorial boundaries of the county in which the
municipality is located.
(t) "Board" or "commission" shall mean a board, commission,
department, division, office, body or other unit of the municipality.
(u) "Public officer" shall mean any officer who shall be delegated
by the local governing body to be in charge of any department or branch
of the government of the municipality relating to health, fire, building
regulations, or to other activities concerning dwellings in the
municipality.
History: L. 1955, ch. 86, § 19; L. 1957, ch. 157, § 1; June 29.
17-4760.Definitions.
The following terms wherever used or referred to in this act, shall have
the following meanings, unless a different meaning is clearly indicated
by the context:
(a) "Agency" or "urban renewal agency" shall mean a public agency
created by K.S.A. 17-4757.
(b) "Municipality" shall mean any incorporated city in the state of
Kansas.
(c) "Public body" shall mean the state or any municipality,
township, village, board, commission, authority, district, or any other
subdivision or public body of the state.
(d) "Local governing body" shall mean the council, commission or
other legislative body charged with governing the municipality.
(e) "Mayor" shall mean the mayor of a municipality or other officer
or body having the duties customarily imposed upon the executive head of
a municipality.
(f) "Clerk" shall mean the clerk and other official of the
municipality who is the custodian of the official records of such
municipality.
(g) "Federal government" shall include the United States of America
or any agency or instrumentality, corporate or otherwise, of the United
States of America.
(h) "Slum area" shall mean an area in which there is a predominance
of buildings or improvements, whether residential or nonresidential,
which by reason of dilapidation, deterioration, age or obsolescence,
inadequate provision for ventilation, light, air, sanitation, or open
spaces, high density of population and overcrowding, or the existence of
conditions which endanger life or property by fire and other causes, or
any combination of such factors is conducive to ill health, transmission
of disease, infant mortality, juvenile delinquency, or crime, and is
detrimental to the public health, safety, morals or welfare.
(i) "Blighted area" shall mean an area (other than a slum area)
which by reason of the presence of a substantial number of slum,
deteriorated or deteriorating structures, predominance of defective or
inadequate street layout, faulty lot layout in relation to size,
adequacy, accessibility or usefulness, insanitary or unsafe conditions,
deterioration of site or other improvements, diversity of ownership, tax
or special assessment delinquency exceeding the fair value of the land,
defective or unusual conditions of title, improper subdivision or
obsolete platting, or the existence of conditions which endanger life or
property by fire and other causes, or any combination of such factors,
substantially impairs or arrests the sound growth of a municipality,
retards the provision of housing accommodations or constitutes an
economic or social liability and is a menace to the public health,
safety, morals, or welfare in its present condition and use: Provided,
That if such blighted area consists of open land the conditions
contained in the proviso in K.S.A. 17-4747(d) shall apply.
(j) "Urban renewal project" may include undertakings or activities
of a municipality in an urban renewal area for the elimination and for
the prevention of the development or spread of slums and blight, and may
involve slum clearance and redevelopment in an urban renewal area, or
rehabilitation or conservation in an urban renewal area, or any
combination or part thereof in accordance with an urban renewal plan.
(k) "Slum clearance and redevelopment" may include (1) acquisition
of a slum area or a blighted area or portion thereof; (2) demolition and
removal of buildings and improvements; (3) installation, construction,
or reconstruction of streets, utilities, parks, playgrounds, and other
improvements necessary for carrying out in the area the urban renewal
provisions of this act in accordance with the urban renewal plan; and
(4) making the land available for development or redevelopment by
private enterprise or public agencies (including sale, initial leasing,
or retention by the municipality itself) at its fair value for uses in
accordance with the urban renewal plan.
(l) "Rehabilitation" or "conservation" may include the restoration
and renewal of a slum or blighted area or portion thereof, in accordance
with an urban renewal plan, by (1) carrying out plans for a program of
voluntary or compulsory repair and rehabilitation of buildings or other
improvements; (2) acquisition of real property and demolition or removal
of buildings and improvements thereon where necessary to eliminate
unhealthful, insanitary or unsafe conditions, lessen density, eliminate
obsolete or other uses detrimental to the public welfare, or to
otherwise remove or prevent the spread of blight or deterioration, or to
provide land for needed public facilities; (3) installation,
construction or reconstruction of streets, utilities, parks,
playgrounds, and other improvements necessary for carrying out in the
area the urban renewal provisions of this act; and (4) the disposition
of any property acquired in such urban renewal area (including sale,
initial leasing, or retention by the municipality itself) at its fair
value for uses in accordance with such urban renewal plan.
(m) "Urban renewal area" means a slum area or a blighted area or a
combination thereof which the local governing body designates as
appropriate for an urban renewal project.
(n) "Urban renewal plan" means a plan, as it exists from time to
time, for an urban renewal project, which plan (1) shall conform to the
general plan for the municipality as a whole; and (2) shall be
sufficiently complete to indicate such land acquisition, demolition and
removal of structures, redevelopment, improvements, and rehabilitation
as may be proposed to be carried out in the urban renewal area, zoning
and planning changes, if any, land uses, maximum densities, building
requirements, and the plan's relationship to definite local objectives
respecting appropriate land uses, improved traffic, public
transportation, public utilities, recreational and community facilities,
and other public improvements.
(o) "Real property" shall include all lands, including improvements
and fixtures thereon, and property of any nature appurtenant thereto, or
used in connection therewith, and every estate, interest, right and use,
legal or equitable, therein, including terms for years and liens by way
of judgment, mortgage or otherwise.
(p) "Bonds" shall mean any bonds (including refunding bonds), notes,
interim certificates, certificates of indebtedness, debentures or other
obligations.
(q) "Obligee" shall include any bondholder, agents or trustees for
any bondholders, or lessor demising to the municipality property used in
connection with an urban renewal project, or any assignee or assignees
of such lessor's interest or any part thereof, and the federal
government when it is a party to any contract with the municipality.
(r) "Person" shall mean any individual, firm, partnership,
corporation, company, association, joint stock association, or body
politic; and shall include any trustee, receiver, assignee, or other
person acting in a similar representative capacity.
(s) "Area of operation" shall mean the area within the corporate
limits of the municipality and the area within five (5) miles of such
limits, except that it shall not include any area which lies within the
territorial boundaries of another incorporated city unless a resolution
shall have been adopted by the governing body of such other city
declaring a need therefor and except that it shall not include any area
lying beyond the territorial boundaries of the county in which the
municipality is located.
(t) "Board" or "commission" shall mean a board, commission,
department, division, office, body or other unit of the municipality.
(u) "Public officer" shall mean any officer who shall be delegated
by the local governing body to be in charge of any department or branch
of the government of the municipality relating to health, fire, building
regulations, or to other activities concerning dwellings in the
municipality.
History: L. 1955, ch. 86, § 19; L. 1957, ch. 157, § 1; June 29.