reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1765 Leases by political subdivisions, state departments within county or boards of county commissioners.

12-1765.
Leases by political subdivisions, state departments within county or boards of county commissioners.
The governing bodies of all school districts, cities, agencies and departments of the state of Kansas, and all boards of county commissioners now located or which may hereafter be located within the county where such public building commission has been created, or all boards of county commissioners that desire to lease space from a county public building commission for detention of eligible juveniles, are hereby authorized and empowered to enter into leases without the necessity of any election and without regard to K.S.A. 10-1001 to 10-1122, inclusive, and amendments thereto or to K.S.A. 79-2925, and amendments thereto, for any period of time not to exceed 50 years.
History:
L. 1965, ch. 122, § 9; L. 1991, ch. 58, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1766 Same; use of certain building levy to prepay rent.

12-1766.
Same; use of certain building levy to prepay rent.
If any city or school district has heretofore established a building fund levy such city or school district may use all or any part of such building fund levy to prepay rent under any lease to be made with any such public building commission.
History:
L. 1965, ch. 122, § 10; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1767 Same; revenue bonds issued by a city; resolution; protest petition; election.

12-1767.
Same; revenue bonds issued by a city; resolution; protest petition; election.
(a) Any revenue bonds proposed to be issued by a public building commission created by a city shall be issued as provided in K.S.A. 10-1201 et seq., and amendments thereto, except to the extent that such statutes are in conflict with this act. Before any revenue bonds are authorized or issued under the provisions of this act, the public building commission shall adopt a resolution specifying the amount of such bonds and the purpose of the issuance thereof.
(b) Except as otherwise provided in section 2*, the resolution shall provide that if within 30 days after the last date of publication of the resolution a petition in opposition to the resolution, signed by not less than 5% of the electors of the city or by not less than 5% of the electors of the county or school district if the lease is with such entity, is filed with the county election officer, the board of county commissioners shall submit the question to the voters at an election called for that purpose or at the next general election. Except as otherwise provided in this section, such resolution shall be published once a week for two consecutive weeks in the official city newspaper or in a newspaper having general circulation in the county if the lease is with a county or school district.
(c) No construction contract shall be let or approved by a public building commission until after the expiration of the protest period provided under this section.
History: L. 1965, ch. 122, § 11; L. 1968, ch. 163, § 2; L. 1981, ch. 173, § 25; L. 1986, ch. 78, § 1; L. 1989, ch. 31, § 8; L. 1990, ch. 75, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1767b Same; revenue bonds issued by a county; resolution; protest petition; election.

12-1767b.
Same; revenue bonds issued by a county; resolution; protest petition; election.
(a) Any revenue bonds proposed to be issued by a public building commission created by a county shall be issued as provided in K.S.A. 10-1201 et seq., and amendments thereto, except to the extent that such statutes are in conflict with this act. Before any revenue bonds are authorized or issued under the provisions of this act, the public building commission shall adopt a resolution specifying the amount of such bonds and the purpose of the issuance thereof. The resolution shall provide that if within 30 days after the last date of publication of the resolution a petition in opposition to the resolution, signed by not less than 5% of the electors of the county is filed with the county clerk, the board shall submit the question to the voters at an election called for that purpose or at the next general election. Such resolution shall be published once a week for two consecutive weeks in the official county newspaper.
(b) No construction contract shall be let or approved by a public building commission until after the expiration of the protest period provided under this section.
History:
L. 1989, ch. 61, § 6; L. 1989, ch. 62, § 6; May 11.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1768 Same; invalidity of part.

12-1768.
Same; invalidity of part.
If any part or application of this act is held invalid, the remainder of this act or its application to other situations or persons shall not be affected.
History:
L. 1965, ch. 122, § 12; June 30.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1770 Purpose of act; issuance of special obligation bonds and full faith and credit tax increment bonds.

12-1770.
Purpose of act; issuance of special obligation bonds and full faith and credit tax increment bonds.
It is hereby declared to be the purpose of this act to promote, stimulate and develop the general and economic welfare of the state of Kansas and its communities and to assist in the development and redevelopment of eligible areas within and without a city thereby promoting the general welfare of the citizens of this state, by authorizing cities to acquire certain property and to issue special obligation bonds and full faith and credit tax increment bonds for the financing of redevelopment projects. It is further found and declared that the powers conferred by this act are for a public purpose and public use for which public money may be expended and the power of eminent domain may be exercised. The necessity in the public interest for the provisions of this act is hereby declared as a matter of legislative determination.
History: L. 1976, ch. 69, § 1; L. 1979, ch. 52, § 1; L. 1982, ch. 75, § 6; L. 1984, ch. 74, § 1; L. 1988, ch. 78, § 1; L. 1994, ch. 63, § 1; L. 1996, ch. 228, § 1; L. 1998, ch. 17, § 1; L. 1999, ch. 83, § 3; L. 2001, ch. 103, § 1; L. 2007, ch. 179, § 21; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1773 Acquisition of property; eminent domain, procedure; transfer by developer subject to approval by governing body.

12-1773.
Acquisition of property; eminent domain, procedure; transfer by developer subject to approval by governing body.
(a) Any city which has adopted a redevelopment project plan in accordance with the provisions of this act may purchase or otherwise acquire real property in connection with such project plan. Upon a 2/3 vote of the members of the governing body thereof a city may acquire by condemnation any interest in real property, including a fee simple title thereto, which it deems necessary for or in connection with any project plan of an area located within the redevelopment district; however, eminent domain may be used only as authorized by K.S.A. 26-501b, and amendments thereto.
(b) No city shall exercise such eminent domain power to acquire real property in a conservation area.
(c) Any such city may exercise the power of eminent domain in the manner provided by K.S.A. 26-501 et seq., and amendments thereto.
(d) Any transfer by the developer of real property acquired pursuant to this section shall be valid only if approved by a 2/3 majority vote of the members of the governing body.
History:
L. 1976, ch. 69, § 4; L. 1979, ch. 52, § 4; L. 1980, ch. 68, § 3; L. 1982, ch. 75, § 9; L. 1984, ch. 74, § 4; L. 1988, ch. 78, § 4; L. 1996, ch. 228, § 4; L. 1997, ch. 93, § 1; L. 1998, ch. 17, § 5; L. 2001, ch. 103, § 8; L. 2004, ch. 183, § 3; L. 2005, ch. 132, § 5; L. 2006, ch. 201, § 5; L. 2007, ch. 179, § 25; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1774a Default; payment from public funds, when.

12-1774a.
Default; payment from public funds, when.
(a) In the event that the city shall default in the payment of any special obligation bonds payable from revenues authorized pursuant to subsection (a)(1)(D) of K.S.A. 12-1774, and amendments thereto, no public funds shall be used to pay the holders thereof except as otherwise specifically authorized in this act.
(b) This section shall not apply to loans from the Kansas transportation revolving fund pursuant to K.S.A. 75-5063 et seq., and amendments thereto.
History:
L. 1993, ch. 213, § 9; L. 2001, ch. 103, § 10; L. 2005, ch. 132, § 7; L. 2007, ch. 179, § 27; L. 2010, ch. 156, § 17; June 3.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1775a Tax increment financing revenue replacement fund; transfers, calculation of amount.

12-1775a. Tax increment financing revenue replacement fund; transfers, calculation of amount.
(a) Prior to December 31, 1996, the governing body of each city that, pursuant to K.S.A. 12-1771, and amendments thereto, has established a redevelopment district prior to July 1, 1996, shall certify to the director of accounts and reports the amount equal to the amount of revenue realized from ad valorem taxes imposed pursuant to K.S.A. 72-5142, and amendments thereto, within such redevelopment district. Except as provided further, to February 1, 1997, and annually on that date thereafter, the governing body of each such city shall certify to the director of accounts and reports an amount equal to the amount by which revenues realized from such ad valorem taxes imposed in such redevelopment district are estimated to be reduced for the ensuing calendar year due to legislative changes in the statewide school finance formula. Prior to March 1 of each year, the director of accounts and reports shall certify to the state treasurer each amount certified by the governing bodies of cities under this section for the ensuing calendar year and shall transfer from the state general fund to the city tax increment financing revenue replacement fund the aggregate of all amounts so certified. Prior to April 15 of each year, the state treasurer shall pay from the city tax increment financing revenue replacement fund to each city certifying an amount to the director of accounts and reports under this section for the ensuing calendar year the amount so certified. During fiscal years 2023, 2024 and 2025, no moneys shall be transferred from the state general fund to the city tax increment financing revenue replacement fund pursuant to this subsection.
(b) There is hereby created the tax increment financing revenue replacement fund, which shall be administered by the state treasurer. All expenditures from the tax increment financing revenue replacement fund shall be made in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the state treasurer or a person or persons designated by the state treasurer.
History:
L. 1996, ch. 264, § 26; L. 2015, ch. 4, § 26; L. 2017, ch. 104, § 229; L. 2018, ch. 102, § 3; L. 2019, ch. 68, § 166; L. 2020, ch. 5, § 157; L. 2021, ch. 98, § 171; L. 2022, ch. 81, § 176; L. 2023, ch. 82, § 172; May 8, 2023.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1776 Transmittal of documents to county and school district; increase in valuation not considered for certain purposes; certification of increased valuation.

12-1776.
Transmittal of documents to county and school district; increase in valuation not considered for certain purposes; certification of increased valuation.
(a) After the adoption by the city governing body of a project plan, the clerk of the city shall transmit a copy of the description of the land within the redevelopment district, a copy of the ordinance adopting the plan and a map or plat indicating the boundaries of the district to the clerk, assessor 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 the January 1 of the year in which the increment is first allocated to the taxing subdivision pursuant to K.S.A. 12-1775, and amendments thereto.
(b) For any year in which taxes are to be paid to the special fund established under subsection (d)(2) of K.S.A. 12-1775, and amendments thereto, any increase in assessed valuation of taxable tangible real property within the redevelopment district in excess of an amount equal to the total assessed value of such real property on the date of the establishment of the redevelopment district shall not be considered by any taxing subdivision in computing any debt limitation or for any other purpose except for the levy of taxes and in determining the amount to be paid to such special fund.
(c) The appraiser of any county in which a redevelopment district is authorized by a city shall certify the amount of such increase in assessed valuation of real and personal property within the redevelopment district to the county clerk on or before July 1 of each year.
History: L. 1976, ch. 69, § 7; L. 1979, ch. 52, § 7; L. 1988, ch. 78, § 7; L. 1998, ch. 110, § 3; L. 2001, ch. 103, § 12; L. 2007, ch. 179, § 28; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1776a School districts; base year assessed valuation.

12-1776a. School districts; base year assessed valuation.
(a) As used in this section:
(1) "School district" means any school district in which is located a redevelopment district for which bonds have been issued pursuant to K.S.A. 12-1770 et seq., and amendments thereto.
(2) "Base year assessed valuation," "redevelopment district" and "redevelopment project" shall have the meanings ascribed thereto by K.S.A. 12-1770a, and amendments thereto.
(b) No later than November 1 of each year, the county clerk of each county shall certify to the state board of education the assessed valuation of any school district located within a redevelopment district in such county. For the purposes of this section and for determining the amount of state aid for school districts under K.S.A. 72-5145 and K.S.A. 72-5462, and amendments thereto, the base year assessed valuation of property within the boundaries of a redevelopment district shall be used when determining the assessed valuation of a school district until the bonds issued pursuant to K.S.A. 12-1770 et seq., and amendments thereto, to finance redevelopment projects in the redevelopment district have been retired.
History:
L. 2005, ch. 152, § 32; L. 2015, ch. 4, § 27; L. 2017, ch. 95, § 58; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1777 Relocation assistance plan.

12-1777.
Relocation assistance plan.
Before any redevelopment project shall be initiated under this act a relocation assistance plan shall be approved by the governing body proposing to undertake the project. Such relocation assistance plan shall:
(a) Provide for relocation payments to be made to persons, families and businesses who move from real property located in the redevelopment district or who move personal property from real property located in the redevelopment district as a result of the acquisition of the real property by the city in carrying out the provisions of this act. With respect to any redevelopment project other than one which includes an auto race track facility, such payments shall not be less than $500;
(b) provide that no persons or families residing in the redevelopment district shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family at rents within their ability to pay. Such housing units shall be suitable to the needs of such displaced persons or families and must be a decent, safe, sanitary and otherwise standard dwelling; and
(c) provide for the payment of any damages sustained by a retailer, as defined by K.S.A. 79-3702, and amendments thereto, by reason of the liquidation of inventories necessitated by relocation from the redevelopment district.
History: L. 1976, ch. 69, § 8; L. 1988, ch. 78, § 8; L. 1998, ch. 17, § 6; L. 2005, ch. 132, § 8; April 21.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1778 Object of taxes levied within redevelopment district.

12-1778.
Object of taxes levied within redevelopment district.
Notwithstanding any other provision of law, it is hereby stated that it is an object of all ad valorem taxes levied by or for the benefit of any city, county or school district of the state on taxable tangible real property located within any redevelopment district created pursuant to this act, that such taxes may be applied and allocated to and when collected paid into a special fund of a city pursuant to the procedures and limitations of this act to pay the cost of a project including principal of and interest on special obligation bonds or full faith and credit tax increment bonds issued by such city to finance, in whole or in part, such redevelopment project.
History: L. 1976, ch. 69, § 9; L. 1982, ch. 75, § 11; L. 1984, ch. 74, § 7; L. 1988, ch. 78, § 9; January 1, 1989.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1779 Issuance of industrial revenue bonds in redevelopment district.

12-1779.
Issuance of industrial revenue bonds in redevelopment district.
Industrial revenue bonds may be issued under the authority of K.S.A. 12-1740 et seq., and amendments thereto, for the purchase, construction, reconstruction, equipping, maintenance and repair of buildings and facilities within a redevelopment district established under the provisions of this act.
History: L. 1976, ch. 69, § 10; L. 1980, ch. 68, § 4; L. 1988, ch. 78, § 10; January 1, 1989.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1780 Severability.

12-1780.
Severability.
If any provision of this act or the application thereof to any persons or circumstances is held invalid, such invalidity shall not affect other provisions or application of the act which can be given effect without the invalid provisions or application and to this end the provisions of this act are declared to be severable.
History: L. 1976, ch. 69, § 11; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1780a Application of act.

12-1780a.
Application of act.
The provisions of this act shall be applicable to redevelopment districts created after July 1, 2001, however, any city which has created a redevelopment district prior to the effective date of this act may, by an ordinance of the governing body, elect to have the provisions of this act apply to such.
History:
L. 2001, ch. 103, § 19; April 26.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1780g Application of act, by ordinance.

12-1780g.
Application of act, by ordinance.
Any city that created a redevelopment district or a bioscience development district prior to the effective date of this act may by ordinance elect to have the provisions of this act applicable to such redevelopment district or bioscience development district.
History:
L. 2007, ch. 179, § 29; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1782 Business improvement districts; definitions.

12-1782.
Business improvement districts; definitions.
As used in this act:
(a) "Services" means governmental functions, programs, activities, facilities improvements and other services which a city is authorized to perform or provide.
(b) "Business" means a fixed place of business where one or more persons are employed or engaged in the purchase, sale, provision or manufacturing of commodities, products or services. The ownership of real estate which is unoccupied and which is held for investment purposes, for sale or lease, shall be considered a business. All property owned or used exclusively for state, county, municipal, literary, educational, scientific, religious, benevolent and charitable purposes shall be excluded from the provisions of this act.
History:
L. 1981, ch. 61, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1783 Same; authorization; purpose.

12-1783.
Same; authorization; purpose.
The governing body of any city may, in accordance with the procedures and subject to the limitations of this act, establish one or more business improvement districts within the city and provide for the administration and financing of additional and extended services to businesses within such districts. It is the general intent of this act to provide for the administration and financing of continuing programs of services within such districts and nothing herein shall be construed as prohibiting the establishment of benefit districts to finance local capital improvements under the general improvement and assessment law or any other laws of this state.
History:
L. 1981, ch. 61, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1784 Same; services.

12-1784.
Same; services.
Any city which has established a business improvement district pursuant to this act may provide or cause to be provided such services as will restore or promote the economic vitality of the district and the general welfare of the city, including: (a) The beautification of the district, such as by landscaping and plantings, fountains, shelters, benches, sculptures, signs, lighting, decorations and similar amenities, including the maintenance thereof; (b) the provision of special or additional public services, such as sanitation, the security of persons and property and the care and maintenance of public facilities, including sidewalks and other public areas; (c) the provision or financial support of public transportation services and vehicle parking facilities open to the general public, including the operation and maintenance of parking facilities which may have been established by the issuance of bonds and the levying of special assessments; (d) the development of plans for the general architectural design of public areas and the development of plans and programs for the future development of the district; (e) the development, promotion and support of community events and activities open to the general public; and (f) any other services which the city is authorized to perform and which the city does not also perform to the same extent on a city-wide basis.
History:
L. 1981, ch. 61, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1785 Same; appointment of planning committee; report.

12-1785.
Same; appointment of planning committee; report.
Prior to the establishment of any business improvement district, the mayor of such city shall appoint a district planning committee, with such number of members as determined by the governing body, to study and develop preliminary plans for the establishment and operation of the district. The committee shall consult with the planning commission and other agencies of the city, as appropriate. If the planning committee recommends that an improvement district be created, it shall submit a report to the governing body which shall: (a) Describe the boundaries of the proposed district; (b) outline the additional and extended services needed within such district; (c) estimate the annual cost of providing those services recommended for performance during the next three years; (d) describe the proposed method of financing such costs; and (e) provide such other information as may be requested by the governing body. The city may provide staff and technical assistance to such committee. A separate planning committee shall be formed for each proposed district.
History:
L. 1981, ch. 61, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1786 Same; resolution.

12-1786.
Same; resolution.
Upon receiving the recommendation and report of the district planning committee, the governing body of the city may initiate the formation of a business improvement district by the adoption of a resolution of intent. Such resolution of intent shall contain the following: (1) A description of the boundaries of the proposed district; (2) a general description of the services which are proposed to be provided within the district pursuant to this act; (3) the estimated annual cost of providing such services during the next three years; (4) the proposed method or methods by which the city proposes to raise the revenue to finance such services; (5) such other information as deemed advisable by the governing body; and (6) the time and place of a public hearing to be held by the governing body to consider establishment of the district.
History:
L. 1981, ch. 61, § 6; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1787 Same; notice; hearing.

12-1787.
Same; notice; hearing.
Notice of the public hearing on the proposed establishment of a public improvement district shall be published once in the official city newspaper and a copy of such notice and a copy of the resolution of intent shall be mailed by first class mail to all businesses in the proposed district. Publication and mailing shall be at least 30 days prior to the hearing and the hearing shall be held not later than 60 days after adoption of the resolution of intent.
History:
L. 1981, ch. 61, § 7; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1788 Same; creation of district by ordinance.

12-1788.
Same; creation of district by ordinance.
If the governing body of the city, following the public hearing, determines it advisable and in the public interest to establish an improvement district, it shall create such district by ordinance which shall contain the following: (1) The name of the district and a description of its boundaries; (2) a summary of the services to be provided within the district; (3) the methods which will be used to finance such services; and (4) the terms of members, method of appointment and duties of the district advisory board provided for by K.S.A. 12-1790. The boundaries of the district may include less territory than that described in the resolution of intent but may not include any territory not described in such resolution.
History:
L. 1981, ch. 61, § 8; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1789 Same; protest petition to repeal ordinance; dissolution of district.

12-1789.
Same; protest petition to repeal ordinance; dissolution of district.
Within 45 days following publication of an ordinance establishing a district pursuant to K.S.A. 12-1788, and amendments thereto, or the publication of an ordinance levying annual service fees pursuant to K.S.A. 12-1791, and amendments thereto, the owners of businesses located within the district may file with the governing body of the city a petition in opposition to the continuation of the district or the levying of such service fees. Upon a finding that a petition opposing the establishment of the district was signed by not less than a majority of the number of businesses located within the district, no service fee shall be levied within the district and the district shall be dissolved. Upon the finding that a petition opposing the levy of service fees for the ensuing year was signed by not less than a majority of the number of businesses located within the district, no service fees shall be levied pursuant to the ordinance specified in such petition and the district shall be dissolved as of the end of that calendar year. The governing body, by ordinance, shall repeal the ordinance which established the district or the ordinance which levied the annual service fees, effective as of the end of that calendar year. After the payment of all costs incurred by the district for that calendar year, the city shall return any unused and unencumbered moneys collected and distribute such moneys back to the businesses on a pro rata basis in the same percentage as such moneys were collected.
History:
L. 1981, ch. 61, § 9; L. 1987, ch. 73, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1790 Same; advisory board; duties.

12-1790.
Same; advisory board; duties.
The governing body of a city establishing a business improvement district under the provisions of this act shall provide by ordinance for an advisory board for each such district, the members of which shall be representative of businesses located within the district. The board shall perform such duties as may be prescribed by ordinance and shall, not later than May 15 of each year, submit to the governing body a recommended program of services to be performed or provided within the district during the coming calendar year and a proposed budget to accomplish these objectives. Nothing herein shall prohibit the members of such advisory board from also serving on the board of directors of a not-for-profit corporation with which the city may contract to provide specified services within the district, but no member of the board shall, directly or indirectly, receive compensation for service on the board.
History:
L. 1981, ch. 61, § 10; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1791 Same; levy of service fees; classification of businesses; factors to consider.

12-1791.
Same; levy of service fees; classification of businesses; factors to consider.
Upon receiving a recommended program of services and a proposed budget from the advisory board for the ensuing year, the governing body may by ordinance, annually levy business improvement service fees applicable only to businesses located within the improvement district. All revenue from such fees shall be placed in a special fund, as provided by K.S.A. 12-1792. For the purpose of levying and determining the amount of such fees, the governing body may make a reasonable classification of all businesses within the district. The amount of such annual fees may be based on the amount of space used for business purposes, street front footage, building or land square footage, the number of employees, the type of business and on such other factors or combination thereof as shall be deemed reasonable. The amount of such business improvement service fees shall be in addition to any city-wide license fees or occupational taxes, or any other taxes, fees or charges levied for the general benefit and use of the city.
History:
L. 1981, ch. 61, § 11; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1792 Same; special fund.

12-1792.
Same; special fund.
Any city which has established a business improvement district shall establish a special fund for each such district, which shall be subject to the cash basis, budget and other laws of this state in the same manner as other city funds. Any gifts or grants to the city for the purpose of providing services or facilities within an improvement district may be deposited in such fund and may be expended outside the budget law. Moneys in other funds of the city may be advanced to the special fund provided reimbursement is made to the fund from which the money was advanced prior to the end of the fiscal year.
History:
L. 1981, ch. 61, § 12; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1793 Same; modification of included area; notice, hearing.

12-1793.
Same; modification of included area; notice, hearing.
Any modification of the area included within a district shall be made by ordinance following a public hearing, preceded by at least 30 days written notice to all businesses within the existing and proposed district, served by first class mail notice. Any district may be abolished by ordinance following a public hearing, preceded by at least 30 days written notice to all businesses within the district by first class mail.
History:
L. 1981, ch. 61, § 13; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1794 Citation of act.

12-1794.
Citation of act.
This act, and any amendments thereto, shall be known and may be cited as the self-supported municipal improvement district act.
History:
L. 1981, ch. 63, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1797 Same; appeal, when.

12-1797.
Same; appeal, when.
Any resident of or property owner within the city may appeal the action and decisions of the governing body of the city, or while acting as governing body of the district, including the creation of the district and the levying of the proposed taxes for the district, to the district court of the county in which any part of the district is located, within 30 days after the date upon which the ordinance creating the district becomes effective, but the action and decisions of the governing body are final and conclusive unless the court finds that the governing body exceeded its authority. No action may be brought questioning the regularity of the proceedings pertaining to the establishment of a district or the validity of the district, the propriety of the inclusion or exclusion of any property within or from the district, or the ability of the governing body of the district to levy taxes in accordance with the ordinance establishing the district, after 30 days from the date on which the ordinance creating the district becomes effective.
History: L. 1981, ch. 63, § 4; L. 1988, ch. 79, § 3; January 1, 1989.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1798 Same; amendment to ordinance; effect; protest petition.

12-1798.
Same; amendment to ordinance; effect; protest petition.
(a) The ordinance creating the district may be amended, property may be added to the district and the maximum rate of taxes referred to in the ordinance may be increased at any time in the same manner as for the establishment of a district. All property added to a district shall be subject to all taxes currently and thereafter levied.
(b) At any time prior to amendment of the ordinance creating the district by the governing body of the city, the entire matter of amending such ordinance shall be withdrawn from consideration if a petition is filed with the city clerk containing the signatures of at least 40% of all owners of property representing 40% or more of the assessed value of all property within the district and all property proposed to be included.
History:
L. 1981, ch. 63, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-1799 Same; dissolution of district, when; withdrawal of dissolution, when.

12-1799.
Same; dissolution of district, when; withdrawal of dissolution, when.
Subject to the provisions of K.S.A. 12-17,103, a district may be dissolved by the governing body of the city by rescinding the ordinance creating the district. At any time prior to the governing body rescinding the ordinance creating the district, the entire matter of dissolving a district shall be withdrawn from consideration if a petition is filed with the city clerk containing the signatures of at least 51% of all owners of property which together represent ownership of 51% or more of the assessed value of all property within the district.
History:
L. 1981, ch. 63, § 6; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,101a Same; hearing required before contract let or improvement authorized; notice.

12-17,101a.
Same; hearing required before contract let or improvement authorized; notice.
(a) Before any contract is let or any work is ordered or authorized for an improvement or before any services are provided, the governing body of the district shall hold a public hearing on the advisability of the improvement or the advisability of providing such services. Notice of the hearing shall be given at least once each week for two consecutive weeks in the official city newspaper. At least three days shall elapse between the last publication and the hearing. The notice shall include the:
(1) Time and place of hearing;
(2) general nature of the proposed improvements or of the services to be provided;
(3) the estimated or probable cost of such improvements or the estimated annual cost of providing such services during the next three years; and
(4) the proposed method or methods by which the governing body proposes to raise the revenues to finance such improvement or to pay for such services.
(b) Before calling a hearing on the advisability of any improvement or service, the governing body may secure a feasibility report to assist in the determination of the improvements or services which should be proposed, together with a preliminary estimate of the cost of the improvements, services or combination of improvements and services. The report may be prepared by qualified officers of the city or by consultants. The governing body also may take such other preliminary steps prior to the hearing or before ordering any improvements or letting any contract, including, among other things, the preparation of plans and specifications, estimates of costs of the improvements or services and the advertisement for bids thereon, as in its judgment shall be of assistance in determining the feasibility and desirability of the improvement or services. The cost of such services may be assessed against the district.
(c) The hearing may be adjourned from time to time until the governing body shall have made findings by resolution as to the advisability and nature of the improvements or services to be provided, the estimated cost of the improvements and the estimated annual cost of providing such services during the next three years, and the method or methods by which the governing body proposes to finance such improvements, including a statement that sets forth the amount to be received from any capital improvement fund tax by issuance of bonds or from an operations fund tax, or combination thereof, and the amount to be financed by the issuance of bonds.
History: L. 1988, ch. 79, § 8; January 1, 1989.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,102 Same; advisory board; report; consultation with planning commission; tax levy.

12-17,102.
Same; advisory board; report; consultation with planning commission; tax levy.
(a) If the governing body of the city establishes a self-supported municipal improvement district under the provisions of this act it may provide by ordinance for an advisory board for such district, the members of which shall be representative of businesses located within the district. The board shall perform such duties as may be prescribed by ordinance and shall, not later than May 15 of each year, submit to the governing body of the district a report on the district's activities and a proposed budget to accomplish these objectives. In formulating a plan for services and improvements, the advisory board may consult with the planning commission.
(b) The governing body of the district may levy taxes annually, within the district, to carry out the purposes of such district, but no such taxes shall be levied until approved by ordinance of the governing body of the city. Such taxes may be in the form of a capital improvement fund tax, operations fund tax, or combination thereof, in addition to any tax levied under the provisions of K.S.A. 12-17,103, and amendments thereto. The tax assessments levied pursuant to the provisions of this act shall be placed upon the tax rolls, shall constitute a lien on the real estate upon which such taxes are levied and shall be subject to collection in the same manner as other ad valorem taxes levied by the city and shall not be subject to abatement by the district. Such tax assessments shall be in addition to all other tax levies authorized or limited by law and shall not be subject to or within the aggregate tax levies prescribed by articles 19 and 50 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto. If an advisory board has been established, the annual levy of taxes shall not be made until a recommendation has been received from the advisory board.
History: L. 1981, ch. 63, § 9; L. 1988, ch. 79, § 4; January 1, 1989.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,103 Same; bonds; source of revenue to pay bonds; petition and election, when; effect of dissolution.

12-17,103.
Same; bonds; source of revenue to pay bonds; petition and election, when; effect of dissolution.
(a) The governing body of the city, acting on and in behalf of the district, may issue municipal improvement district bonds for the cost of improvements as defined by subsection (c) of K.S.A. 12-1795, and amendments thereto. The principal of and interest on the bonds shall be payable: (1) From a levy of ad valorem taxes on all of the taxable tangible property within the district; (2) in cases of revenue producing improvements, from a pledge of the income and receipts derived therefrom; (3) in cities which receive revenue from a local option sales tax pursuant to K.S.A. 12-187 et seq., and amendments thereto, from a pledge of a portion or all of the receipts derived from the tax; or (4) from any combination of these methods. The bonds shall be issued in accordance with the general bond law but shall not be general obligations of the city. The bonds shall bear interest at a rate not to exceed the maximum rate of interest prescribed by K.S.A. 10-1009, and amendments thereto. In the event the district is dissolved as an operating agency, the property in the district shall remain liable for any taxes levied to pay any principal and interest on any bonds authorized, issued and still outstanding. No bonds shall be issued until a public hearing is held thereon in the manner provided by K.S.A. 12-17,101a, and amendments thereto.
(b) In the event the governing body of a city proposes to issue such bonds, the principal and interest for which are payable in whole or in part from a pledge of local option sales tax revenues, and the question of pledging the revenues received from the sales tax has not previously been submitted to and approved by the voters of the city, such proposition shall be published once each week for two consecutive weeks in the official city newspaper. If, within 30 days after the last publication of the proposition, a petition is filed with the county election officer signed by not less than 10% of the electors of the city who voted in the last preceding general election of the city requesting an election thereon, no such bonds shall be issued unless the proposition is submitted to and approved by a majority of the voters of the city voting at an election held thereon. Any such election shall be called and held in accordance with the provisions of K.S.A. 10-120, and amendments thereto, or in accordance with the provisions of the mail ballot election act.
History:
L. 1981, ch. 63, § 10; L. 1983, ch. 49, § 50; L. 1988, ch. 79, § 5; L. 1991, ch. 55, § 1; May 16.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,104 Same; acquisition of property by gift, purchase, exchange or eminent domain; procedure.

12-17,104.
Same; acquisition of property by gift, purchase, exchange or eminent domain; procedure.
The governing body of the city, on behalf of the district, shall have the right to acquire real and personal property by gift, purchase, exchange or eminent domain, as provided by K.S.A. 26-501 to 26-516, inclusive, and amendments thereto, provided that the governing body may exercise the power of eminent domain only under the following conditions:
(1) Acquisition of the land and personal property is in the public interest and is needed to further the improvement or redevelopment proposal of an existing self-supported municipal improvement district under this act.
(2) The proposal has been reviewed by the appropriate planning commission for conformance with the comprehensive plan of the city.
(3) The city has complied with K.S.A. 75-2714 to 75-2725, inclusive, and amendments thereto, and has received written approval of the state historical society as provided by K.S.A. 75-2714, and amendments thereto.
(4) The city has complied with provisions of K.S.A. 12-1771 and 12-1772, and amendments thereto.
(5) The procedures for a public hearing, notification to affected property owners and the right of appeal shall be the same as provided in subsections (d) and (e) of K.S.A. 12-1796 and 12-1797, and amendments thereto.
Upon the dissolution of the district or according to the district proposal as adopted or amended, and the retirement of all bonded indebtedness against the property, all property of the district shall become the property of the city and the city may trade or exchange or sell this property in the same manner as provided in K.S.A. 12-1301, and amendments thereto. The proceeds from such sale may be used for another public purpose.
History:
L. 1981, ch. 63, § 11; L. 1988, ch. 79, § 6; L. 2001, ch. 103, § 13; April 26.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,105 Same; establishment of funds.

12-17,105.
Same; establishment of funds.
The governing body of the city, acting on behalf of the district, may establish a self-supported improvement district operations fund and a capital improvements fund, or combination thereof, and such other funds deemed necessary.
History: L. 1981, ch. 63, § 12; L. 1988, ch. 79, § 7; January 1, 1989.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,106 Same; severability.

12-17,106.
Same; severability.
If any provision of this act or the application thereof to any persons or circumstances is held invalid, such invalidity shall not affect other provisions or application of the act which can be given effect without the invalid provisions or application and to this end the provisions of this act are declared to be severable.
History:
L. 1981, ch. 63, § 13; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,114 Neighborhood revitalization; title of act.

12-17,114.
Neighborhood revitalization; title of act.
This act shall be known and may be cited as the Kansas neighborhood revitalization act.
History:
L. 1994, ch. 242, § 10; July 1.