reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,115 Same; definitions.

12-17,115. Same; definitions.
As used in this act:
(a) "Dilapidated structure" means a residence or other building which is in deteriorating condition by reason of obsolescence, inadequate provision of ventilation, light, air or structural integrity or is otherwise in a condition detrimental to the health, safety or welfare of its inhabitants or a residence or other building which is in deteriorating condition and because of age, architecture, history or significance is worthy of preservation.
(b) "Municipality" means any municipality as defined by K.S.A. 10-1101, and amendments thereto.
(c) "Neighborhood revitalization area" means:
(1) An area in which there is a predominance of buildings or improvements which by reason of dilapidation, deterioration, obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, the existence of conditions which endanger life or property by fire and other causes or a combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency or crime and which is detrimental to the public health, safety or welfare;
(2) an area which by reason of the presence of a substantial number of deteriorated or deteriorating structures, defective or inadequate streets, incompatible land use relationships, faulty lot layout in relation to size, adequacy, accessibility or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the actual value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or a 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 detrimental to the public health, safety or welfare in its present condition and use; or
(3) an area in which there is a predominance of buildings or improvements which by reason of age, history, architecture or significance should be preserved or restored to productive use.
(d) "Governing body" means the governing body of any municipality.
(e) "Increment" means, except for any taxes levied by school districts pursuant to K.S.A. 72-53,113, and amendments thereto, that amount of ad valorem taxes collected from real property located within the neighborhood revitalization area or from dilapidated structures outside the revitalization area that is in excess of the amount which is produced from such property and attributable to the assessed valuation of such property prior to the date the neighborhood revitalization area was established or the structure was declared dilapidated pursuant to this act.
History:
L. 1994, ch. 242, § 11; L. 1996, ch. 228, § 8; L. 2017, ch. 95, § 59; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,116 Same; designation of revitalization area; findings.

12-17,116.
Same; designation of revitalization area; findings.
The governing body of any municipality may designate any area within such municipality as a neighborhood revitalization area if the governing body finds that one or more of the conditions as described in subsection (c) of K.S.A. 12-17,115, and amendments thereto, exist and that the rehabilitation, conservation or redevelopment of the area is necessary to protect the public health, safety or welfare of the residents of the municipality. The governing body may declare a building outside of a neighborhood revitalization area to be a dilapidated structure if the structure satisfies the conditions set forth in subsection (a) of K.S.A. 12-17,115.
History:
L. 1994, ch. 242, § 12; L. 1996, ch. 228, § 9; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,117 Same; revitalization plan, contents; notice and hearing.

12-17,117.
Same; revitalization plan, contents; notice and hearing.
(a) Prior to designating an area as a neighborhood revitalization area or a structure to be a dilapidated structure, the governing body shall adopt a plan for the revitalization of such area or designation of a dilapidated structure. Such plan shall include:
(1) A legal description of the real estate forming the boundaries of the proposed area and a map depicting the existing parcels of real estate;
(2) the existing assessed valuation of the real estate in the proposed area, listing the land and building values separately;
(3) a list of names and addresses of the owners of record of real estate within the area;
(4) the existing zoning classifications and district boundaries and the existing and proposed land uses within the area;
(5) any proposals for improving or expanding municipal services within the area including, but not limited to, transportation facilities, water and sewage systems, refuse collection, road and street maintenance, park and recreation facilities and police and fire protection;
(6) a statement specifying what property is eligible for revitalization and whether rehabilitation and additions to existing buildings or new construction or both is eligible for revitalization;
(7) the criteria to be used by the governing body to determine what property is eligible for revitalization;
(8) the contents of an application for a rebate of property tax increments authorized by K.S.A. 12-17,118, and amendments thereto;
(9) the procedure for submission of an application for a rebate of property tax increments authorized by K.S.A. 12-17,118, and amendments thereto;
(10) the standards or criteria to be used when reviewing and approving applications for a rebate of property tax increments authorized by K.S.A. 12-17,118, and amendments thereto;
(11) a statement specifying the maximum amount and years of eligibility for a rebate of property tax increments authorized by K.S.A. 12-17,118; and
(12) any other matter deemed necessary by the governing body.
(b) Prior to declaring a building to be a dilapidated structure, the governing body shall do the following:
(1) Obtain a legal description of the property to be declared dilapidated;
(2) determine the assessed value of the property to be declared a dilapidated structure, with separate values established for the land and structure;
(3) determine the owner of record of the structure.
(c) Prior to adopting a plan pursuant to this section, the governing body shall call and hold a hearing on the proposal. Notice of such hearing shall be published at least once each week for two consecutive weeks in a newspaper of general circulation within the municipality. Following such hearing, or the continuation thereof, the governing body may adopt such plan.
History:
L. 1994, ch. 242, § 13; L. 1996, ch. 228, § 10; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,119 Same; interlocal agreements.

12-17,119.
Same; interlocal agreements.
Any two or more municipalities may agree pursuant to K.S.A. 12-2901 et seq., and amendments thereto, to exercise the powers and duties authorized by this act.
History:
L. 1994, ch. 242, § 15; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,120 Same; act not exclusive authority for revitalization.

12-17,120.
Same; act not exclusive authority for revitalization.
This is enabling legislation for the revitalization of neighborhood areas and is not intended to prevent cities and counties from enacting and enforcing additional laws and regulations on the same subject which are not in conflict with the provisions of this act.
History:
L. 1994, ch. 242, § 16; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,121 Downtown redevelopment act; purpose; citation of act.

12-17,121.
Downtown redevelopment act; purpose; citation of act.
(a) The purpose of the Kansas downtown redevelopment act is to promote, stimulate and develop the general and economic welfare of the state of Kansas and its rural and low income communities, to encourage the rehabilitation and use of real property located in downtown areas that have become vacant or minimally utilized and to assist in the development and redevelopment of eligible areas within cities and counties thereby promoting the general welfare of the citizens of this state, by authorizing cities and counties to apply to the department of commerce to designate downtown redevelopment areas, wherein rebate of real property tax increments collected from real property may apply to properties which have undergone approved improvements.
(b) This act shall be known and may be cited as the Kansas downtown redevelopment act.
History:
L. 2004, ch. 112, § 81; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,122 Same; definitions.

12-17,122.
Same; definitions.
For the purposes of this act, the following terms shall have the meanings provided herein, unless the context clearly indicates, otherwise:
(a) "Base year appraised value" means the appraised value, as determined by the county appraiser, of the real property located within the boundaries of a downtown redevelopment area for the tax year immediately preceding a twelve-month period in which an investment for improvements to the real property or trade fixtures therein, equal to or exceeding 25% of the appraised value of the real property, was made;
(b) "core commercial district" means an area of a city or unincorporated area of a county characterized by a variety of compact commercial, office, residential and public uses that make it most directly analogous to central business districts commonly identified by zoning regulations;
(c) "distressed community" means an area in which 20% or more of the population of all ages for each census tract located within the area has an income below the poverty level as reported in the most recently completed decennial census published by the U.S. bureau of the census;
(d) "downtown redevelopment area" or "redevelopment area" means an area designated by the secretary of commerce pursuant to this act for the purpose of identifying real property that is eligible to receive tax benefits as provided in K.S.A. 12-17,124, and amendments thereto;
(e) "fund" means the fund created by the governing body of a city or unincorporated area of a county to comply with the requirements of this act;
(f) "governing body" means the governing body of a city or the unincorporated area of a county;
(g) "real property taxes" means all taxes levied on an ad valorem basis upon land and the improvements thereon;
(h) "secretary" means the secretary of the department of commerce; and
(i) "tax increment" means all real property taxes assessed pursuant to K.S.A. 79-1439, and amendments thereto, to the amount of the current appraised value of the property in excess of the base year appraised value of the property located within a redevelopment area or proposed redevelopment area.
History: L. 2004, ch. 112, § 82; L. 2005, ch. 80, § 5; April 14.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,123 Same; application for designation as downtown redevelopment area; approval or denial by secretary of commerce, criteria.

12-17,123.
Same; application for designation as downtown redevelopment area; approval or denial by secretary of commerce, criteria.
(a) The governing body of a city or of an unincorporated area of a county proposing to establish a downtown redevelopment area shall make a written application to the secretary of the department of commerce for the designation of a downtown redevelopment area. Applications shall be made in a format approved by the secretary.
(b) After a review of the application and after an examination of the facts alleged, the secretary may approve the application based upon one or more of the following criteria:
(1) The city or unincorporated area of a county in which the redevelopment area is proposed has a population of less than 50,000 or the proposed redevelopment area qualifies as a distressed community;
(2) the proposed redevelopment area is located in a well-defined, core commercial district of the city or the unincorporated area of the county;
(3) if the structures located within the proposed redevelopment area have a vacancy rate that exceeds 15%; or
(4) the average appraised valuation of the properties located within the proposed redevelopment area has not increased by more than 15% in the past 10 years.
(c) In the event the secretary denies an application to designate a downtown redevelopment area, the secretary shall, within 90 days of the denial, issue a written statement of the controlling facts relied upon to the governing body of the city or of the unincorporated area of the county that requested the designation.
History:
L. 2004, ch. 112, § 83; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,124 Same; application of real property owners for tax benefits; approval or denial, criteria.

12-17,124.
Same; application of real property owners for tax benefits; approval or denial, criteria.
(a) The owner of real property located within a downtown redevelopment area may submit a written application to the governing body of the city or of the unincorporated area of the county in which the redevelopment area is located to request downtown redevelopment area tax benefits. The application for tax benefits shall be made on a form approved by the governing body of the city or of the unincorporated area of the county or such governing body's designee, and shall be accompanied by copies of dated records that verify the applicant's investment in improvements to the real property or trade fixtures located therein.
(b) After a review of the application for redevelopment tax benefits and after an examination of the facts alleged, the governing body of the city or of the unincorporated area of the county in which the downtown redevelopment area is located shall either approve or deny the application for redevelopment tax benefits based upon the following criteria:
(1) The applicant has made, within a twelve-month period, an investment in improvements to the real property or trade fixtures located therein, the value of which is equivalent to or exceeds 25% of the appraised value of the property, as determined by the county appraiser, for the immediately preceding tax year; and
(2) the real property that is the subject of the application is in full compliance with city ordinances or county resolutions.
History:
L. 2004, ch. 112, § 84; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,125 Same; taxation of real property approved for tax benefits; rebate of property tax increments to taxpayers.

12-17,125.
Same; taxation of real property approved for tax benefits; rebate of property tax increments to taxpayers.
Real property that has been approved for downtown redevelopment tax benefits pursuant to K.S.A. 12-17,124, and amendments thereto, shall be assessed and taxed for real property tax purposes pursuant to law in the same manner that such property would be assessed and taxed if it had not been approved for downtown redevelopment tax benefits. The tax increment generated by the improvement shall be credited to the fund created by a governing body of a city or an unincorporated area of a county for the purpose of returning all or part of the property tax increment to the taxpayer in the form of a rebate of 100% each year in years one through five, 80% in year six, 60% in year seven, 40% in year eight and 20% in year nine. No rebate shall be paid on or after the tenth year. Upon payment of taxes by the taxpayer, the rebate must be made within 30 days after the next distribution date as specified in K.S.A. 12-1678a, and amendments thereto.
History: L. 2004, ch. 112, § 85; L. 2005, ch. 80, § 6; April 14.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,140 Transportation development district act; citation.

12-17,140.
Transportation development district act; citation.
(a) K.S.A. 12-17,140 through 12-17,149 and 12-17,147a, and amendments thereto, shall be known and may be cited as the transportation development district act.
(b) The powers conferred by this act are for public uses, economic development purposes or purposes for which public money may be expended.
History:
L. 2003, ch. 120, § 4; L. 2009, ch. 54, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,142 Same; creation of district; petition; procedure.

12-17,142.
Same; creation of district; petition; procedure.
(a) In addition to any other power provided by law and as a complete alternative to all other methods provided by law, the governing body of any municipality may create a district as provided by this act for the purpose of financing projects. A municipality may create a district, or may modify a previously created district, upon receipt of a petition signed by the owners of all of the land area within the proposed district. The petition shall contain: (1) The general nature of the proposed project;
(2) the maximum cost of the project;
(3) the proposed method of financing the project;
(4) the proposed amount and method of assessment;
(5) the proposed amount of transportation development district sales tax; and
(6) a map or boundary description of the proposed district.
(b) Names may not be withdrawn from the petitions by the signers thereof after the governing body commences consideration of the petitions or later than seven days after such filing, whichever occurs first. The petition shall contain a notice that: (1) The names of the signers may not be withdrawn after such a period of time; and (2) the signers consent to any assessments to the extent described therein without regard to benefits conferred by the project.
(c) Upon filing of the petition for a district financed only by assessments, the governing body may proceed without notice or a hearing to make findings by resolution or ordinance as to the nature, advisability and maximum cost of the project, the boundaries of the district and the amount and method of assessment. Upon making such findings the governing body may authorize the project in accordance with such findings as to the advisability of the project. The resolution or ordinance shall be effective upon publication once in a newspaper.
(d) The district boundaries and the method of financing for the project shall not require that all property that is benefited by the project, whether the benefited property is within or without the district, be included in the district or be subject to an assessment or the transportation development district sales tax.
(e) Following authorization of the project, the petition shall be submitted for recording in the office of the register of deeds of the county in which the district is located.
History:
L. 2003, ch. 120, § 6; L. 2005, ch. 130, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,143 Same; special assessments, procedure; act not exclusive authority.

12-17,143.
Same; special assessments, procedure; act not exclusive authority.
(a) In addition to any other power provided by law and as a complete alternative to all other methods provided by law, the governing body may make, or cause to be made, projects identified in the petition submitted pursuant to K.S.A. 12-17,142 or 12-17,144, and amendments thereto, and may levy and collect special assessments upon property in the district and provide for the payment of all or any part of the cost of the project out of the proceeds of such special assessments. If special assessments will be levied to finance all or a portion of the cost of a project, the municipality shall follow the assessment procedures in K.S.A. 12-6a01 et seq., and amendments thereto, except that:
(1) No assessment may be levied against the municipality at large;
(2) no full faith and credit notes or bonds may be issued by the municipality to finance a project under this act; and
(3) assessment installments may be levied as otherwise provided by this section.
(b) Prior to the date the municipality certifies its tax levy to the county clerk pursuant to K.S.A. 79-1801, and amendments thereto, if the method of financing for the project includes payment from the sources described in either subsection (c) or (d) of K.S.A. 12-17,147, and amendments thereto, the ordinance or resolution of the municipality that levies the assessments may provide that such assessment installments for any year may be reduced or eliminated to the extent that the municipality has received sufficient funds from the sources described in either subsection (c) or (d) of K.S.A. 12-17,147, and amendments thereto, to pay the debt service on any bonds issued under this act for the project which would have been paid by such assessment installment. The municipality shall not be required to refund any prepayment of assessments for any assessment installment which is reduced or eliminated after such prepayment is made to the municipality. Any prepayment of assessments under this act shall be done in compliance with K.S.A. 10-115, and amendments thereto.
History:
L. 2003, ch. 120, § 7; L. 2009, ch. 54, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,144 Same; notice; public hearing; governing body's action.

12-17,144.
Same; notice; public hearing; governing body's action.
(a) Upon filing a petition in accordance with K.S.A. 12-17,142, and amendments thereto, for a district financed in whole or in part by a proposed transportation development district sales tax authorized by K.S.A. 12-17,145, and amendments thereto, the municipality shall adopt a resolution stating its intention to levy such transportation development district sales tax, and give notice of the public hearing on the advisability of creating the district, its intention to levy such transportation development district sales tax and financing of the project. Such notice shall be published at least once each week for two consecutive weeks in the newspaper and shall be sent by certified mail to all owners. The second notice shall be published at least seven days prior to the date of hearing and the certified mailed notice shall be sent at least 10 days prior to the date of hearing. Such notice shall contain the following information:
(1) The time and place of the hearing;
(2) the general nature of the proposed project;
(3) the maximum cost of the project;
(4) the proposed method of financing of the project;
(5) the proposed amount of the transportation development district sales tax;
(6) the proposed amount and method of assessment, if any; and
(7) a map or boundary description of the proposed district.
(b) The hearing on the advisability of the creating of the district, the intention to levy the transportation development district sales tax and the financing of the project may be adjourned from time to time. Following the hearing or any continuation thereof, the governing body may create the district, authorize the project, approve the maximum cost of the project and the boundaries of the district, levy the transportation development district sales tax and approve the method of financing by adoption of the appropriate ordinance or resolution. Such ordinance or resolution shall become effective upon publication once in the newspaper.
History:
L. 2003, ch. 120, § 8; L. 2005, ch. 130, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,146 Same; limitations on suits challenging actions under act.

12-17,146.
Same; limitations on suits challenging actions under act.
No suit to set aside the assessments or otherwise question the validity of the proceedings for the creation of the district or the authorization of the project shall be brought after the expiration of 30 days from the publication of the ordinance or resolution creating the district. No suit to set aside the transportation development district sales tax shall be brought after the expiration of 30 days from the publication of the ordinance or resolution declaring the intent to impose the transportation development district sales tax.
History:
L. 2003, ch. 120, § 10; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,147 Same; methods of financing.

12-17,147.
Same; methods of financing.
The total cost of any project authorized pursuant to this act shall be paid from all or any of the following sources:
(a) Special assessments imposed in the district pursuant to this act which have been paid in full prior to the date set by the governing body as provided in K.S.A. 12-6a10, and amendments thereto;
(b) special assessments imposed in the district pursuant to this act, to be paid in installments;
(c) a pledge of all of the revenue received from the transportation development district sales tax authorized by K.S.A. 12-17,145, and amendments thereto; and
(d) any other funds appropriated by the municipality.
History: L. 2003, ch. 120, § 11; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,147a Same; costs of project, how paid.

12-17,147a.
Same; costs of project, how paid.
(a) Costs of a project authorized by this act may be paid in one or more payments from transportation development district sales tax collected pursuant to this act without the issuance of bonds authorized by K.S.A. 12-17,149, and amendments thereto.
(b) This section shall be a part of and supplemental to the transportation development district act.
History:
L. 2009, ch. 54, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,148 Same; fund of the district.

12-17,148.
Same; fund of the district.
A separate fund shall be created for each district and each project and such fund shall be identified by a suitable title. Except as otherwise required by the secretary of transportation in connection with a loan to the municipality from the Kansas transportation revolving fund, the proceeds from the sale of bonds, transportation revolving fund loan, any special assessment and transportation development district sales tax authorized, levied and collected under this act by the municipality and any other moneys appropriated by the governing body for such purpose shall be credited to such fund. Such fund shall be used solely to pay the costs of the project. Upon payment of the principal and interest on the bonds, if any, the municipality shall have the authority to spend any moneys remaining in the fund for the purposes for which local sales tax receipts may be spent.
History:
L. 2003, ch. 120, § 12; L. 2009, ch. 54, § 6; L. 2010, ch. 156, § 19; June 3.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,150 Same; secretary of revenue, duties; report.

12-17,150.
Same; secretary of revenue, duties; report.
The secretary of revenue in connection with a redevelopment project area for which sales, use and transient guest tax revenues are pledged or otherwise intended to be used in whole or in part for the payment of bonds issued to finance redevelopment project costs in such redevelopment project area or a transportation development district for which a transportation development district sales tax has been imposed, shall provide reports identifying each retailer having a place of business in such redevelopment district or transportation development district setting forth the tax liability and the amount of such tax remitted by each retailer during the preceding month and identifying each business location maintained by the retailer within such city or county. Such report shall be made available to the bond trustee, escrow agent or paying agent for such bonds within a reasonable time after it has been requested from the director of taxation. The bond trustee, escrow agent or paying agent shall keep such retailers' sales, use, transient guest and transportation development district sales tax returns and the information contained therein confidential, but may use such information for purposes of allocating and depositing such sales, use, transient guest and transportation development district sales tax revenues in connection with the bonds used to finance redevelopment project costs in such redevelopment project area or used to finance the costs of a project in a transportation development district. Except as otherwise provided, the sales, use and transient guest tax returns received by the bond trustee, escrow agent or paying agent shall be subject to the provisions of K.S.A. 79-3614, and amendments thereto.
History:
L. 2003, ch. 120, § 16; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,151 Same; application to existing districts.

12-17,151.
Same; application to existing districts.
The provisions of K.S.A. 12-17,140 through 12-17,150, and amendments thereto, and K.S.A. 12-194 and 25-432, as amended pursuant to this act, shall apply to all transportation development districts, whether created before or after July 1, 2003.
History:
L. 2003, ch. 120, § 17; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,152 Public improvement districts; creation.

12-17,152.
Public improvement districts; creation.
The governing bodies of any three or more counties not located in a metropolitan statistical area, as defined by the United States department of commerce, may enter into an agreement for interlocal cooperation under K.S.A. 12-2901 et seq., and amendments thereto, to create a public improvement district for the purposes of constructing, operating and maintaining public infrastructure improvements. Each public improvement district shall have a different name and shall be named in the manner of "the ________ public improvement district" and the blank filled in with the name identified in the agreement for interlocal cooperation.
History:
L. 2005, ch. 151, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,154 Same; powers.

12-17,154.
Same; powers.
A public improvement district created pursuant to K.S.A. 12-17,152, and amendments thereto, may:
(a) Acquire by gift, purchase, lease-purchase, condemnation or otherwise, and own, lease, use and operate property, whether real, personal, or mixed, or any interest therein, which is necessary or desirable for lawful purposes. Any lease-purchase agreement entered into under authority of this subsection shall be subject to the conditions set forth in K.S.A. 10-1116c, and amendments thereto. The term of any lease entered into under authority of this subsection may be for not to exceed 10 years. Such lease may provide for annual or other payment of rent or rental fees and may obligate such public improvement district to payment of maintenance or other expenses. Any lease or lease-purchase agreement entered into under authority of this subsection shall be subject to change or termination at any time by the legislature. Any assignment of rights in any lease or lease-purchase made under this subsection shall contain a citation of this section and a recitation that the lease or lease-purchase agreement and assignment thereof are subject to change or termination by the legislature; and
(b) enter into lease agreements as lessor of any property, whether real, personal, or mixed, which is owned or controlled by such public improvement district. Any such agreement may specify the purposes for which the property may be used, require that the property be maintained and operated by the lessee, and may contain such restrictions or limitations on the use of the property, be entered into for such period of time, and include such other terms and conditions as the governing body of such public improvement district determines to be necessary and proper. Every such agreement shall be subject to change or termination at any time by the legislature. Any assignment of rights under any such agreement shall contain a citation of this section and a recitation that the lease agreement and assignment of rights thereunder are subject to change or termination by the legislature.
History:
L. 2005, ch. 151, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,155 Same; issuance and sale of general obligation bonds; election.

12-17,155.
Same; issuance and sale of general obligation bonds; election.
The governing body of any public improvement district created pursuant to this act may purchase or otherwise acquire land or land and improvements and may acquire, construct, reconstruct, repair or remodel improvements thereon or additions thereto, including furnishings, equipment, and architectural and incidental expense related thereto, and for such purposes such public improvement district is authorized to issue and sell general obligation bonds. No such bonds shall be issued until the question of their issuance shall have been submitted to a vote of the electors of such public improvement district at a regular election or at a special election called for that purpose and the majority of the electors voting on the proposition in such district shall have voted in favor of the issuance of the bonds. Such election shall be called, noticed and held and the bonds issued, sold, delivered and retired in accordance with the provisions of the general bond law.
History:
L. 2005, ch. 151, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,160 Purpose of act; issuance of sales tax and revenue bonds.

12-17,160.
Purpose of act; issuance of sales tax and revenue 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 and counties to acquire certain property and to issue sales tax and revenue (STAR) bonds for the financing of STAR bond projects as defined in K.S.A. 12-17,162, and amendments thereto. 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. 2007, ch. 179, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,161 Citation of act.

12-17,161.
Citation of act.
The provisions of K.S.A. 12-17,160 through 12-17,179, and amendments thereto, shall be known and may be cited as the STAR bonds financing act.
History:
L. 2007, ch. 179, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,163 City or county may designate building as historic theater.

12-17,163.
City or county may designate building as historic theater.
The governing body of any city or county may designate a building within such municipality to be an historic theater if the governing body of the municipality and the secretary of commerce agree that the building satisfies the requirements of subsection (h) of K.S.A. 12-17,162, and amendments thereto, and will contribute significantly to the economic development of the city and surrounding area or the county.
History:
L. 2007, ch. 179, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,167 Approval of secretary; limitations; interest rate of bond issue.

12-17,167.
Approval of secretary; limitations; interest rate of bond issue.
(a) The secretary shall review the STAR bond project plan, feasibility study and market study, along with other supporting documentation and determine whether to approve a request, and, if approved, issue an approval letter for a STAR bond project based upon the requirements within this act and rules and regulations developed by the secretary.
(b) For major motorsports complex projects involving the use of state sales tax financing pursuant to K.S.A. 12-17,169, and amendments thereto, the secretary shall set a limit on the total amount of such special obligation bonds that may be issued to not exceed 50% of the major motorsports complex costs.
(c) A special obligation bond issue must bear interest at a reasonable rate as of the time of sale of the bonds, taking into account such factors as current market conditions, the nature and degree of risk associated with repayment of the bonds and other relevant factors.
History:
L. 2007, ch. 179, § 8; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,168 Additional STAR bond issuance authority for existing project; approval of secretary; limitations.

12-17,168.
Additional STAR bond issuance authority for existing project; approval of secretary; limitations.
(a) Any city or county which has received approval for a STAR bond project may request STAR bond issuance authority to issue additional STAR bonds in an amount in excess of the amount previously approved by the secretary. Any city or county requesting such additional STAR bond issuance authority shall make application for approval to the secretary. Such application shall include all information required to be submitted to the secretary for initial approval of a STAR bond project, including, but not limited to, a feasibility study as required by K.S.A. 12-17,166, and amendments thereto.
(b) The secretary shall review all of the information submitted by the city or county in the request for additional STAR bond issuance authority and determine whether to approve a request, and, if approved, issue an approval letter for additional STAR bond issuance authority based upon the requirements within this act and rules and regulations developed by the secretary.
(c) The secretary may approve such additional STAR bond issuance authority in an amount not to exceed 50% of the total costs of the addition or expansion to the STAR bond project for which the additional STAR bond issuance authority is sought, including all project costs and any other costs related to the project addition or expansion. The proceeds of such additional STAR bond financing may only be used to pay for incurred project costs of such addition or expansion.
History:
L. 2007, ch. 179, § 9; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,170 Default; payment from public funds, when.

12-17,170.
Default; payment from public funds, when.
In the event that the city or county shall default in the payment of any STAR bonds payable from revenues described in subsection (a)(1) of K.S.A. 12-17,169, and amendments thereto, no public funds shall be used to pay the holders thereof except as otherwise specifically authorized in this act.
History:
L. 2007, ch. 179, § 11; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,172 Acquisition of property; eminent domain, procedure; sale or lease to developer; use only for specific STAR bond project; transfer by developer of unused property.

12-17,172.
Acquisition of property; eminent domain, procedure; sale or lease to developer; use only for specific STAR bond project; transfer by developer of unused property.
(a) Any city or county which has adopted a STAR bond 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 or county 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 project district; however, eminent domain may be used only as authorized by K.S.A. 26-501b, and amendments thereto.
Any such city or county may exercise the power of eminent domain in the manner provided by K.S.A. 26-501 et seq., and amendments thereto. In addition to any compensation or damages allowed under the eminent domain procedure act, such city or county shall also provide for the payment of relocation assistance as provided in K.S.A. 12-17,173, and amendments thereto.
(b) Any real property acquired by a city or county under the provisions of K.S.A. 26-501 et seq., and amendments thereto, may be sold, transferred or leased to a developer, in accordance with the STAR bond project plan and under such other conditions as may be agreed upon. Any real property acquired pursuant to this section that is sold, transferred or leased to a project developer for a specific project shall be sold, transferred or leased to such developer on the condition that such property shall be used only for that specific approved project. If the developer does not utilize the entire tract of the real property acquired pursuant to this section that is sold, transferred or leased in accordance with the STAR bond project plan, that portion of property not used shall not be sold, transferred or leased by the developer to another developer party, but shall be deeded back to the city or county. If the developer paid the city or county for the land, a percentage of the original purchase price paid to the city or county which represents the percentage of the entire tract being deeded back to the city or county shall be reimbursed to the developer upon the deeding of the property back to the city or county.
(c) Any transfer by the project 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 of this city or county.
History:
L. 2007, ch. 179, § 13; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,173 Relocation assistance plan.

12-17,173.
Relocation assistance plan.
Before any STAR bond project shall be initiated, a relocation assistance plan shall be approved by the governing body of the city or county 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 STAR bond project district, or who move personal property from real property located in the STAR bond project district as a result of the acquisition of the real property by the city or county in carrying out the provisions of this act. With respect to any STAR bond project such payments shall not be less than $500;
(b) provide that no persons or families residing in the STAR bond project 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 STAR bond project district.
History:
L. 2007, ch. 179, § 14; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,174 Excise tax returns to be furnished upon request by municipality; secretary to determine satisfaction of bond debt.

12-17,174.
Excise tax returns to be furnished upon request by municipality; secretary to determine satisfaction of bond debt.
(a) Notwithstanding any other provisions of law to the contrary, copies of all retailers' sales, use and transient guest tax returns filed with the secretary of revenue in connection with a STAR bond project area or STAR bond project, for which sales, use and transient guest tax revenues are pledged or otherwise intended to be used in whole or in part for the payment of bonds issued to finance project costs in such STAR bond project area, shall be provided by the secretary of revenue to the bond trustee, escrow agent or paying agent for such bonds upon the written request of the city or county within 15 days of receipt by the secretary of revenue. The bond trustee, escrow agent or paying agent shall keep such retailers' sales, use and transient guest tax returns and the information contained therein confidential, but may use such information for purposes of allocating and depositing such sales, use and transient guest tax revenues in connection with the bonds used to finance project costs in such STAR bond project area. Except as otherwise provided herein, the sales, use and transient guest tax returns received by the bond trustee, escrow agent or paying agent shall be subject to the provisions of K.S.A. 79-3614, and amendments thereto.
(b) The secretary of revenue shall determine when the amount of sales tax and other revenues that have been collected and distributed to the bond debt service or reserve fund is sufficient to satisfy all principal and interest costs to the maturity date or dates, of any special obligation bonds issued by a city or county to finance a STAR bond project. Thereafter, all sales tax and other revenues shall be collected and distributed in accordance with applicable law.
History:
L. 2007, ch. 179, § 15; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 17 - Buildings, Structures And Grounds › 12-17,175 Certain STAR bond projects; limitation on authorized issuance of bonds; interest rate.

12-17,175.
Certain STAR bond projects; limitation on authorized issuance of bonds; interest rate.
For projects approved after July 1, 2005, involving the use of financing pursuant to subsection (a)(1)(E) of K.S.A. 12-17,169, and amendments thereto, the secretary shall set a limit on the total amount of such special obligation bonds that may be issued for a STAR bond project. An issue of special obligation bonds must bear interest at a reasonable rate as of the time of sale of the bonds, taking into account such factors as current market conditions, the nature and degree of risk associated with repayment of the bonds and other relevant factors.
History:
L. 2007, ch. 179, § 16; July 1.