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12  AN ACT concerning cities; relating to improvements; [neighborhood
13    revitalization;] amending K.S.A. 12-6a07 12-6a04 and 12-6a06
14    [and K.S.A. 1996 Supp. 12-17,118] and repealing the existing sec-
15    tion sections.
16
17  Be it enacted by the Legislature of the State of Kansas:
18    Section 1.  K.S.A. 12-6a07 is hereby amended to read as follows: 12-
19  6a07. (a) Subject to the provisions of subsection (b), the city may pay such
20  portion of the cost of the improvement as the governing body may de-
21  termine, but not more than ninety-five percent (95%) 95% of the total
22  cost thereof. The share of the cost to be paid by the city at large shall be
23  paid in the manner provided by K.S.A. 12-6a14, and amendments thereto.
24    (b)  Whenever adjoining parallel streets have been improved, and the
25  city proposes to improve the intervening connecting street to the same
26  extent as the streets to be connected, or when two portions of any street
27  have been improved and an intervening portion not exceeding two blocks
28  has not been improved, and the city proposes to improve such intervening
29  portion to the same extent as the improved portions, the city at large shall
30  pay 95% of the cost of the proposed improvement.
31    (b) (c)  If any property deemed benefited shall by reason of any pro-
32  vision of law be is exempt from payment of special assessments therefor,
33  such assessment shall, nevertheless, shall be computed and shall be paid
34  by the city at large.
35    Section 1.  K.S.A. 12-6a04 is hereby amended to read as fol-
36  lows: 12-6a04. (1) (a) Before any contract is let or any work is or-
37  dered or authorized for an improvement, the governing body shall
38  by resolution direct and order a public hearing on the advisability
39  of the improvement. Except as provided in subsection (d), notice of
40  the hearing shall be given by not less than two (2) publications in
41  a newspaper. The two publications shall be a week apart and at
42  least three (3) days shall elapse between the last publication and
43  the hearing. Notice shall be given as to:
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 1    (a) (1)  Time and place of hearing;
 2    (b) (2)  general nature of the proposed improvements;
 3    (c) (3)  the estimated or probable cost;
 4    (d) (4)  extent of the proposed improvement district to be as-
 5  sessed;
 6    (e) (5)  the proposed method of assessment; and
 7    (f) (6)  proposed apportionment of cost (if any), if any, between
 8  the improvement district and the city at large. The hearing may
 9  be adjourned from time to time and until the governing body shall
10  have made findings by resolution as to the advisability of the im-
11  provement, the nature of the improvement, the estimated cost, the
12  boundaries of the improvement district, the method of assessment
13  and the apportionment of cost (if any), if any, between the district
14  and the city at large, all as finally determined by the governing
15  body: Provided, except that the area of the improvement district to
16  be assessed may be less than, but shall not exceed, the area pro-
17  posed to be assessed as stated in the notice of hearing without
18  giving notice and holding a new hearing on the improvement: Pro-
19  vided further, That. The governing body may proceed without such
20  notice and hearing, to make findings by resolution as to the advis-
21  ability of improvements as provided in this section whenever ad-
22  joining parallel streets have been improved, and the proceedings are to
23  improve the intervening connecting street to the same extent as the
24  streets to be connected, or when two portions of any street have been
25  improved and an intervening portion not exceeding two (2) blocks has
26  not been improved, and the proceedings are to improve such intervening
27  portion to the same extent as the improved portions, or when the pro-
28  ceedings are to improve sanitary and storm water sewers.
29    (2) (b)  Petitions for any improvement authorized to be made
30  under the provisions of this act which set forth:
31    (a) (1)  The general nature of the proposed improvement;
32    (b) (2)  the estimated or probable cost;
33    (c) (3)  the extent of the proposed improvement district to be
34  assessed;
35    (d) (4)  the proposed method of assessment;
36    (e) (5)  the proposed apportionment of cost, if any, between the
37  improvement district and the city at large; and
38    (f) (6)  a request that such improvement be made without notice
39  and hearing as required in subsection (1) (a) of this section, may
40  be filed with the city clerk. Names may not be withdrawn from the
41  petitions by the signers thereof after the governing body com-
42  mences consideration of the petitions or later than seven (7) days
43  after such filing, whichever occurs first: Provided, however, except
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 1  that the petitions shall contain a notice that the names of the sign-
 2  ers may not be withdrawn after such a period of time. Such peti-
 3  tions may be found sufficient if signed by either (i):
 4    (A)  A majority of the resident owners of record of property
 5  liable for assessment under the proposal, or (ii); (B) the resident
 6  owners of record of more than one-half of the area liable for as-
 7  sessment under the proposal, or (iii) ; or (C) the owners of record
 8  (,whether resident or not), of more than one-half of the area liable
 9  to be assessed under the proposal.
10    (c)  Upon filing of such petitions, the governing body may make
11  findings by resolution as to the advisability of the improvement,
12  the nature of the improvement, the estimated cost, the boundaries
13  of the improvement district, the method of assessment and appor-
14  tionment of cost, if any, between the improvement district and the
15  city at large, all as determined by the governing body. Thereupon
16  the governing body may proceed without notice and hearing to
17  order the improvement as provided in K.S.A. 12-6a06, and amend-
18  ments thereto, except that no protest shall be received as provided
19  in said such section: Provided,. The area of the improvement district
20  finally determined by the governing body to be assessed may not
21  exceed the district proposed in the petition unless notice is given
22  and a hearing held as provided in subsection (1) (a) of this section,
23  in which instance the proceedings shall be subject to protest as in
24  other cases.
25    (d)  Whenever adjoining parallel streets have been improved, and the
26  city proposes to improve the intervening connecting street to the same
27  extent as the streets to be connected, or when two portions of any street
28  have been improved and an intervening portion not exceeding two blocks
29  has not been improved, and the city proposes to improve such intervening
30  portion to the same extent as the improved portions, in addition to the
31  notice required under subsection (a), notice of public hearing on the ad-
32  visability of such improvements shall be given by certified mail to the
33  owners of record of such property. Such notice shall include the infor-
34  mation required under subsection (a).
35    Sec. 2.  K.S.A. 12-6a06 is hereby amended to read as follows:
36  12-6a06. The governing body may, by a majority vote of the entire
37  members-elect thereof, at any time within six (6) months after the
38  final adjournment of the hearing on the advisability of making the
39  improvements, adopt a resolution authorizing the improvement in
40  accordance with the finding of the governing body upon the ad-
41  visability of the improvement, as provided in K.S.A. 12-6a04, and
42  amendments thereto, which shall be effective upon publication once
43  in the newspaper: Provided, except that the improvement shall not
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 1  be commenced if, within twenty (20) 20 days after publication of
 2  the resolution ordering the improvement, written protests signed
 3  by both fifty-one percent (51%) 51% or more of the resident owners
 4  of record of property within the improvement district and the own-
 5  ers of record of more than half of the total area of such district are
 6  filed with the city clerk: Provided, however,. Whenever adjoining
 7  parallel streets have been improved, and the proceedings are to
 8  improve the intervening connecting street to the same extent as
 9  the streets to be connected, or when two portions of any street
10  have been improved and an intervening portion not exceeding two
11  blocks has not been improved, and the proceedings are to improve
12  such intervening portion to the same extent as the improved por-
13  tions, or the improvement shall not be commenced if, within 30 days after
14  publication of the resolution ordering the improvement, written protests
15  are signed by both 75% of the resident owners of record of such property
16  and the owners of record of 75% of the total area of such property are
17  filed with the city clerk. When the proceedings are to improve sani-
18  tary and storm water sewers, no protest shall be accepted by the
19  city clerk and such improvements may be made regardless of pro-
20  tests. The genuineness of the signature and addresses of all signers
21  of each protest shall be verified by some signer of such protest.
22  The governing body shall be judge of the sufficiency of any protest
23  and its decision shall be final and conclusive: Provided, except that
24  names may be withdrawn from any protests by the signers thereof
25  at any time before the governing body shall convene its meeting
26  to determine the sufficiency thereof.
27    [Sec. 3.  K.S.A. 1996 Supp. 12-17,118 is hereby amended to read
28  as follows: 12-17,118. (a) Following adoption of a plan pursuant to
29  K.S.A. 1996 Supp. 12-17,117 and amendments thereto, the govern-
30  ing body shall create a neighborhood revitalization fund to finance
31  the redevelopment of designated revitalization areas and dilapi-
32  dated structures and to provide rebates authorized by this section.
33  Moneys may be budgeted and transferred to such fund from any
34  source which may be lawfully utilized for such purposes. Any mu-
35  nicipality may expend money from the general fund of such munic-
36  ipality to accomplish the purposes of this act.
37    [(b)  Moneys credited to such fund from annually budgeted
38  transfers shall not be subject to the provisions of K.S.A. 79-2925
39  through 79-2937, and amendments thereto. In making the budget
40  of the municipality, the amounts credited to, and the amount on
41  hand in, such neighborhood revitalization fund and the amount ex-
42  pended therefrom shall be shown thereon for the information of
43  taxpayers. Moneys in such fund may be invested in accordance with
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 1  K.S.A. 10-131, and amendments thereto with the interest credited
 2  to the fund.
 3    [(c)  If the governing body determines that money which has
 4  been credited to such fund or any part thereof is not needed for the
 5  purposes for which so budgeted or transferred, the governing body
 6  may transfer such amount not needed to the fund from which it
 7  came and such retransfer and expenditure shall be subject to the
 8  provisions of K.S.A. 79-2925 through 79-2937, and amendments
 9  thereto.
10    [(d)  Any increment in ad valorem property taxes levied by the
11  municipality resulting from improvements by a taxpayer to prop-
12  erty in a neighborhood revitalization area or to a dilapidated struc-
13  ture may be credited to the fund for the purpose of returning all or
14  a part of the property increment to the taxpayer in the form of a
15  rebate. Applications for rebates shall be submitted in the manner
16  and subject to the conditions provided by the revitalization plan
17  adopted under K.S.A. 1996 Supp. 12-17,117 and amendments
18  thereto. Upon approval of an application received hereunder the
19  municipality shall rebate all or a part of incremental increases in
20  ad valorem property tax resulting from the improvements. Upon
21  payment of taxes by the taxpayer, the rebate must be made within
22  30 days after the next distribution date as specified in K.S.A. 12-
23  1678a, and amendments thereto.
24    [(e)  No later than November 1 of each year the county clerk of each
25  county shall certify to the state commissioner of education the assessed
26  valuation amount of any school district therein for which tax increment
27  rebates have been made by the school district during the previous year
28  in accordance with an interlocal agreement approved by the board of
29  education of such district under the provisions of K.S.A. 1996 Supp. 12-
30  17,119 and amendments thereto. The amount of the assessed valuation
31  shall be determined by dividing the total amount of tax increment rebates
32  paid by the district during the preceding 12 months by the total of the ad
33  valorem tax levy rates levied by or on behalf of the district in the previous
34  year. The commissioner of education shall annually deduct the certified
35  amounts of assessed valuation for such rebates from the total assessed
36  valuation of the district in determining the total and per pupil assessed
37  valuations used in the allocation of state aid payments to school districts.]
38    Sec. 2 3 [4].  K.S.A. 12-6a07 is 12-6a04 and 12-6a06 [and K.S.A.
39  1996 Supp. 12-17,118] are hereby repealed.
40    Sec. 3 4 [5].  This act shall take effect and be in force from and after
41  its publication in the statute book.