CHAPTER 120
SENATE BILL No. 178
An Act concerning cities and counties; relating to special benefit
districts therein; the
powers and duties of the governing bodies thereof; amending K.S.A.
12-1617e, 12-6a01,
12-6a04 and 12-6a08 and K.S.A. 2002 Supp. 12-194 and 25-432 and
repealing the ex-
isting sections; also repealing K.S.A. 2002 Supp. 12-17,130,
12-17,131, 12-17,132, 12-
17,133, 12-17,134, 12-17,135, 12-17,136, 12-17,137,
12-17,138 and 12-17,139.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 12-6a01 is hereby
amended to read as follows: 12-
6a01. For the purpose of this act, the terms defined in this
section shall
have the meanings ascribed to them as follows:
(a) ``Improvement'' means any type of
improvement made under au-
thority of this act and the singular may include the plural, and
includes
reimprovement of a prior improvement.
(b) ``To improve'' means to construct,
reconstruct, maintain, restore,
replace, renew, repair, install, equip, extend or to otherwise
perform any
work which will provide a new facility or enhance, extend or
restore the
value or utility of an existing facility.
(c) ``Acquire'' means the acquisition of
property or interests in prop-
erty by purchase, gift, condemnation or other lawful means and may
in-
clude the acquisition of existing property and improvements
already
owned by the city and previously financed by the issuance of
revenue
bonds, such acquisition to constitute a refunding of such revenue
bonds
and no additional refunding authority shall be required but nothing
herein
shall be construed to require a holder of any such revenue bonds
to
surrender bonds for refunding unless the provisions of such bonds
allow
the redemption thereof.
(d) ``Cost'' means all costs necessarily
incurred for the preparation of
preliminary reports, the preparation of plans and specifications,
the prep-
aration and publication of notices of hearings, resolutions,
ordinances and
other proceedings, necessary fees and expenses of consultants and
inter-
est accrued on borrowed money during the period of construction
to-
gether with the cost of land, materials, labor and other lawful
expenses
incurred in planning and doing any improvement and may include
a
charge of not to exceed 5% of the total cost of an improvement or
the
cost of work done by the city to reimburse the city for the
services ren-
dered by the city in the administration and supervision of such
improve-
ment by its general officers and where property and improvements
al-
ready owned by the city and previously financed by the issuance
of
revenue bonds is acquired the cost shall include not to exceed the
prin-
cipal amount of such outstanding revenue bonds plus the amount of
ma-
tured interest, interest maturing within 90 days, and the amount of
any
call premium or purchase premium required.
(e) ``Consultant'' means engineers,
architects, planners, attorneys and
other persons deemed competent to advise and assist the governing
body
in planning and making of improvements.
(f) ``Improvement district''
means:
(1) An area deemed by the
governing body to be benefited by an
improvement and subject to special assessment for all or a portion
of the
cost of the improvement; or
(2) an area described in a petition
submitted in accordance with sub-
section (c) or (d) of K.S.A. 12-6a04, and amendments thereto,
and subject
to a special assessment for all or a portion of the cost of the
improvement.
(g) ``Street'' means street, alley,
avenue, boulevard, or other public
way or any part thereof.
(h) ``Newspaper'' means the official
designated newspaper of the city,
or if there is no newspaper published therein or no official
newspaper, a
newspaper of general circulation in the city authorized to publish
legal
notices.
(i) ``Asbestos'' means the asbestiform
varieties of chrysotile (serpen-
tine), crocidolite (riebeckite), amosite (cummingtonitegrunerite),
antho-
phyllite, tremolite and actinolite.
(j) ``Asbestos-containing material''
means any material or product
which contains more than 1% asbestos.
(k) ``Asbestos control project'' means
any activity which is necessary
or incidental to the control of asbestos-containing material in any
munic-
ipally owned building or privately owned building, which has been
de-
clared by the governing body to be for a public purpose and a
benefit to
the general health, safety and welfare or to the general economic
devel-
opment of the area within such privately owned buildings are
located.
Such project shall include, but not by way of limitation, any
activity un-
dertaken for:
(1) The removal or encapsulation of
asbestos-containing material;
(2) any remodeling, renovation,
replacement, rehabilitation or other
restoration necessitated by such removal or encapsulation;
(3) conducting inspections, reinspections
and periodic surveillance of
buildings;
(4) performing response actions;
(5) developing, implementing and updating
operations and mainte-
nance programs and management plans; and
(6) all preparation, cleanup, disposal
and postabatement clearance
testing measures associated with such activities.
(l) ``Lead control project'' means any
activity which is necessary or
incidental to the control of any lead hazard in any municipally
owned
building or privately owned building, which has been declared by
the
governing body to be for a public purpose and a benefit to the
general
health, safety and welfare or to the general economic development
of the
area within such privately owned buildings are located. Such
project shall
include, but not by way of limitation, any activity undertaken
for:
(1) The removal of lead-based paint and
lead-contaminated dust, the
permanent containment or encapsulation of lead-based paint, the
replace-
ment of lead-painted surfaces or fixtures, and the removal or
covering of
lead contaminated soil;
(2) any remodeling, renovation,
replacement, rehabilitation or other
restoration necessitated by such removal or encapsulation;
(3) conducting inspections, reinspections
and periodic surveillance of
buildings;
(4) performing response actions;
(5) developing, implementing and updating
operations and mainte-
nance programs and management plans; and
(6) all preparation, cleanup, disposal
and postabatement clearance
testing measures associated with such activities.
(m) ``Lead hazard'' means any condition
which causes exposure to
lead that would result in adverse human health effects.
Sec. 2. K.S.A. 12-6a04 is hereby
amended to read as follows: 12-
6a04. (a) Before any contract is let or any work is ordered or
authorized
for an improvement, the governing body shall by resolution direct
and
order a public hearing on the advisability of the improvement.
Except as
provided in subsection (d) subsections (d) and
(e), notice of the hearing
shall be given by not less than two publications in a newspaper.
The two
publications shall be a week apart and at least three days shall
elapse
between the last publication and the hearing. Notice shall be given
as to:
(1) Time and place of hearing;
(2) general nature of the proposed
improvements;
(3) the estimated or probable cost;
(4) extent of the proposed improvement
district to be assessed;
(5) the proposed method of assessment;
and
(6) proposed apportionment of cost, if
any, between the improve-
ment district and the city at large. The hearing may be adjourned
from
time to time and until the governing body shall have made findings
by
resolution as to the advisability of the improvement, the nature of
the
improvement, the estimated cost, the boundaries of the
improvement
district, the method of assessment and the apportionment of cost,
if any,
between the district and the city at large, all as finally
determined by the
governing body, except that the area of the improvement district to
be
assessed may be less than, but shall not exceed, the area proposed
to be
assessed as stated in the notice of hearing without giving notice
and hold-
ing a new hearing on the improvement. The governing body may
proceed
without such notice and hearing, to make findings by resolution as
to the
advisability of improvements as provided in this section whenever
the
proceedings are to improve sanitary and storm water sewers.
(b) Petitions for any improvement
authorized to be made under the
provisions of this act which set forth:
(1) The general nature of the proposed
improvement;
(2) the estimated or probable cost;
(3) the extent of the proposed
improvement district to be assessed;
(4) the proposed method of
assessment;
(5) the proposed apportionment of cost,
if any, between the improve-
ment district and the city at large; and
(6) a request that such improvement be
made without notice and
hearing as required in subsection (a) of this section, may be filed
with the
city clerk. Names may not be withdrawn from the petitions by the
signers
thereof after the governing body commences consideration of the
peti-
tions or later than seven days after such filing, whichever occurs
first,
except that the petitions shall contain a notice that the names of
the
signers may not be withdrawn after such a period of time. Such
petitions
may be found sufficient if signed by either:
(A) A majority of the resident owners of
record of property liable for
assessment under the proposal; (B) the resident owners of record of
more
than one-half of the area liable for assessment under the proposal;
or (C)
the owners of record, whether resident or not, of more than
one-half of
the area liable to be assessed under the proposal.
(c) Any municipality, as such term is
defined in K.S.A. 12-105a, and
amendments thereto, or any one or more persons or entities who
or which,
whether one or more, are willing to pay the costs of a proposed
improve-
ment may file a petition requesting the proposed improvement.
Such pe-
tition shall be filed with the city clerk and shall set
forth:
(1) The general nature of the proposed
improvement;
(2) the estimated or probable
cost;
(3) a description of the property
proposed to be included in the im-
provement district to be assessed;
(4) the proposed method or methods of
assessment;
(5) the proposed apportionment of
costs, if any, between the improve-
ment district and the city at large;
(6) a statement that the signers of
the petition, in the aggregate, are
the owners of 100% of the property or properties proposed to be
included
in the improvement district, acknowledge that the:
(A) Petition is one submitted pursuant
to subsection (c) of K.S.A. 12-
6a04, and amendments thereto;
(B) proposed improvement district does
not include all properties
which may be deemed to benefit from the proposed improvement;
and
(C) signers' names may not be
withdrawn from the petition by the
signers thereof after the governing body commences consideration
of the
petition or later than seven days after such filing, whichever
occurs first;
and
(7) a request that such improvement be
made without notice and
hearing as required in subsection (a).
For purposes of subsection (c), the term
``entity'' shall mean and in-
clude, but shall not be limited to, any municipality, any
natural person,
corporation, partnership, limited liability company, limited
liability part-
nership, trust, association or other form of business or
charitable organ-
ization.
(d) Upon filing of such petitions,
the governing body may make find-
ings by resolution as to the advisability of the improvement, the
nature
of the improvement, the estimated cost, the boundaries of the
improve-
ment district, the method of assessment and apportionment of cost,
if
any, between the improvement district and the city at large, all as
deter-
mined by the governing body. With respect to any petition filed
pursuant
to subsection (c), such findings shall include a finding that
the improve-
ment district does not include all the property which may be
deemed to
be benefitted by the proposed improvement and the the persons
who
signed such petition are willing to pay the costs of the
proposed improve-
ment as set forth in the petition. Thereupon the governing
body may
proceed without notice and hearing to order the improvement as
pro-
vided in K.S.A. 12-6a06, and amendments thereto, except that no
protest
shall be received as provided in such section. The area of the
improve-
ment district finally determined by the governing body to be
assessed
may not exceed the district proposed in the petition unless notice
is given
and a hearing held as provided in subsection (a) of this section,
in which
instance the proceedings shall be subject to protest as in other
cases.
(d) (e) Whenever
adjoining parallel streets have been improved, and
the city proposes to improve the intervening connecting street to
the same
extent as the streets to be connected, or when two portions of any
street
have been improved and an intervening portion not exceeding two
blocks
has not been improved, and the city proposes to improve such
intervening
portion to the same extent as the improved portions, in addition to
the
notice required under subsection (a), notice of public hearing on
the
advisability of such improvements shall be given by certified mail
to the
owners of record of such property. Such notice shall include the
infor-
mation required under subsection (a).
Sec. 3. K.S.A. 12-6a08 is hereby
amended to read as follows: 12-
6a08. (a) The portion of the cost of any improvement to be
assessed
against the property in the improvement district as determined in
K.S.A.
12-6a04, and amendments thereto, shall be apportioned against the
prop-
erty in accordance with the special benefits accruing thereto by
reasons
of such improvement or in accordance with the provisions of any
petition
submitted pursuant to subsection (b) or (c) of K.S.A. 12-6a04,
and amend-
ments thereto. The cost may be assessed equally per front
foot or per
square foot against all lots and pieces of land within such
improvement
district or assessed against such property according to the value
of the
lots and pieces of land therein. The value of such property
shall be as
determined by the governing body of the city with or without regard
to
the buildings and improvements thereon or as set forth in the
petition
requesting such improvement or the cost may be determined
and fixed
on the basis of any other reasonable assessment plan which will
result in
imposing substantially equal burdens or shares of the cost upon
property
within the improvement district similarly benefited. The
governing body
may from time to time determine and establish by ordinance
reasonable
general classifications and formulae for the apportionment of the
cost
between the city and the area to be assessed, and the methods of
assessing
the special benefits, for various classes of improvements.
(b) This section shall not be construed
to limit the adoption of any
assessment plan for any improvement that recognizes varying benefit
lev-
els to property within the improvement district and imposes
assessments
in relation thereto.
New Sec. 4. (a) Sections 4 through
13, and amendments thereto,
shall be known and may be cited as the transportation development
dis-
trict act.
(b) The powers conferred by this act are
for public uses, economic
development purposes or purposes for which public money may be
ex-
pended.
New Sec. 5. As used in sections 4
through 13, and amendments
thereto: (a) ``Acquire'' means the acquisition of property or
interests in
property by purchase, gift, condemnation or other lawful means and
may
include the acquisition of existing property and projects already
owned
by a municipality.
(b) ``Act'' means the provisions of
sections 4 through 13, and amend-
ments thereto.
(c) ``Bonds'' means special obligation
bonds or special obligation
notes payable solely from the sources described in section 11, and
amend-
ments thereto, issued by a municipality in accordance with the
provisions
of this act.
(d) ``Consultant'' means engineers,
architects, planners, attorneys and
other persons deemed competent to advise and assist the governing
body
in planning and making of projects.
(e) ``Cost'' means: (1) All costs
necessarily incurred for the prepara-
tion of preliminary reports, the preparation of plans and
specifications,
the preparation and publication of notices of hearings,
resolutions, ordi-
nances and other proceedings, necessary fees and expenses of
consultants,
interest accrued on borrowed money during the period of
construction
and the amount of a reserve fund for the bonds, together with the
cost
of land, materials, labor and other lawful expenses incurred in
planning
and doing any project and may include a charge of not to exceed 5%
of
the total cost of a project or the cost of work done by the
municipality to
reimburse the municipality for the services rendered by the
municipality
in the administration and supervision of such project by its
general offi-
cers; and (2) in the case of property and projects already owned by
the
municipality and previously financed by the issuance of bonds,
``cost''
means costs authorized by K.S.A. 10-116a and amendments
thereto.
(f) ``District'' means a transportation
development district created
pursuant to this act.
(g) ``Governing body'' means the
governing body of a city or the board
of county commissioners of a county.
(h) ``Municipality'' means any city or
county.
(i) ``Newspaper'' means the official
newspaper of the municipality.
(j) ``Owner'' means the owner or owners
of record, whether resident
or not, of real property within the district.
(k) ``Project'' means any project or
undertaking, whether within or
without the district, to improve, construct, reconstruct, maintain,
restore,
replace, renew, repair, install, furnish, equip or extend any
bridge, street,
road, highway access road, interchange, intersection, signing,
signaliza-
tion, parking lot, bus stop, station, garage, terminal, hangar,
shelter, rest
area, dock, wharf, lake or river port, airport, railroad, light
rail or other
mass transit facility or any other transportation related project
or infra-
structure.
(l) ``Transportation development district
sales tax'' means the tax au-
thorized by section 9, and amendments thereto.
New Sec. 6. (a) In addition to any
other power provided by law and
as a complete alternative to all other methods provided by law, the
gov-
erning 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 estimated 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
peti-
tions 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 assess-
ments, the governing body may proceed without notice or a hearing
to
make findings by resolution or ordinance as to the nature,
advisability and
estimated cost of the project, the boundaries of the district and
the
amount and method of assessment. Upon making such findings the
gov-
erning 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 pro-
ject shall not require that all property that is benefited by the
project,
whether the benefited property is within or without the district,
be in-
cluded 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 sub-
mitted for recording in the office of the register of deeds of the
county
in which the district is located.
New Sec. 7. 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 section 6 or 8 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
munici-
pality shall follow the assessment procedures in K.S.A. 12-6a01
et seq.,
and amendments thereto, except that no assessments may be
levied
against the municipality at large and no full faith and credit
notes or bonds
may be issued by the municipality to finance a project under this
act.
New Sec. 8. (a) Upon filing a
petition in accordance with section 6
and amendments thereto for a district financed in whole or in part
by a
proposed transportation development district sales tax authorized
by sec-
tion 9 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 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 estimated 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 and
the financing of the project may be adjourned from time to time.
Follow-
ing the hearing or any continuation thereof, the governing body may
cre-
ate the district, authorize the project and approve the estimated
cost of
the project, the boundaries of the district and the method of
financing
by adoption of the appropriate ordinance or resolution. Such
ordinance
or resolution shall become effective upon publication once in the
news-
paper, unless, within 30 days after the commencement of the
hearing, a
petition requesting an election upon such question and signed by at
least
5% of the owners is submitted to the clerk of the municipality. An
election
of the owners shall then be called and held thereon, in accordance
with
subsection (b) of section 9 and amendments thereto.
New Sec. 9. (a) In addition to and
notwithstanding any limitations
on the aggregate amount of the retailers' sales tax contained in
K.S.A. 12-
187 through 12-197, and amendments thereto, any municipality may
im-
pose a transportation development district sales tax on the selling
of tan-
gible personal property at retail or rendering or furnishing
services taxable
pursuant to the provisions of the Kansas retailers' sales tax act,
and
amendments thereto, within a transportation development district
for
purposes of financing a project in such district in any increment
of .10%
or .25% not to exceed 1% and pledging the revenue received
therefrom
to pay the bonds issued for the project. Any transportation
development
district sales tax imposed pursuant to this section shall expire no
later than
the date the bonds issued to finance such project or refunding
bonds
issued therefore shall mature.
(b) Any municipality proposing to impose
a transportation develop-
ment district sales tax authorized by this section shall adopt a
resolution
stating its intention to levy such tax. Such notice shall contain
the infor-
mation for notices set forth in subsections (a)(2), (a)(3), (a)(4),
(a)(5),
(a)(6) and (a)(7) of section 8 and amendments thereto and shall be
pub-
lished at least once each week for two consecutive weeks in the
news-
paper. If within 30 days after the last publication of the notice a
petition
signed by at least 5% of the owners is submitted to the clerk of
the
municipality requesting an election upon such question, an election
of
the owners shall be called and held thereon. If the information in
such
notice is identical to the information included in such categories
in the
notice provided in subsection (a) of section 8 and amendments
thereto,
the notice and protest requirements set forth in this section are
deemed
satisfied by compliance with the notice, hearing and protest
requirement
of section 8 and amendments thereto. Such election shall be called
and
held in the manner provided by K.S.A. 25-431 et seq., and
amendments
thereto. If no protest or no sufficient protest is filed or if an
election is
held and the proposition carries by a majority of the owners
voting
thereon, the governing body, by resolution or ordinance, may levy
such
tax. Except as provided in this act, the tax authorized by this
section shall
be administered, collected and subject to provisions of K.S.A.
12-187 to
12-197, inclusive, and amendments thereto.
(c) Upon receipt of a certified copy of
the resolution or ordinance
authorizing the levy of the transportation development district
sales tax
pursuant to this section, the state director of taxation shall
cause such tax
to be collected in the district at the same time and in the same
manner
provided for the collection of the state retailers' sales tax. All
of the taxes
collected under the provisions of this act shall be remitted by the
secretary
of revenue to the state treasurer in accordance with the provisions
of
K.S.A 75-4215, and amendments thereto. Upon receipt of each such
re-
mittance, the state treasurer shall deposit the entire amount in
the state
treasury. The remainder of such taxes shall be credited to the
transpor-
tation development district sales tax fund, which fund is hereby
estab-
lished in the state treasury. All moneys in the transportation
development
district sales tax fund shall be remitted at least quarterly by the
state
treasurer, on instruction from the secretary of revenue, to the
treasurers
of those municipalities which are qualified to receive
disbursements from
such fund the amount collected within such municipality. Any refund
due
on any transportation development district sales tax collected
pursuant to
this section shall be paid out of the transportation development
district
sales tax refund fund which is hereby established in the state
treasury and
reimbursed by the director of taxation from collections of the
transpor-
tation development district sales tax authorized by this section.
Trans-
portation development district sales tax received by a municipality
pur-
suant to this section shall be deposited in the transportation
development
district sales tax fund created pursuant to section 12, and
amendments
thereto.
New Sec. 10. No suit to set aside
the assessments or otherwise ques-
tion 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
trans-
portation development district sales tax.
New Sec. 11. 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 section 9, and
amendments
thereto; and
(d) any other funds appropriated by the
municipality.
New Sec. 12. A separate fund shall
be created for each district and
each project and such fund shall be identified by a suitable title.
The
proceeds from the sale of bonds 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.
New Sec. 13. (a) Any municipality
may issue bonds in one or more
series to finance the undertaking of any project in accordance with
the
provisions of this act. Such bonds shall be made payable, both as
to prin-
cipal and interest solely from a pledge of the sources of funds
described
in section 11, and amendments thereto. The municipality may
pledge
such revenue to the repayment of such bonds prior to,
simultaneously
with or subsequent to the issuance of such bonds, except for any
revenues
received under the provisions of subsection (d) of section 11 and
amend-
ments thereto, which revenues are subject to annual
appropriation.
(b) Bonds issued pursuant to subsection
(a) shall not be general ob-
ligations of the municipality, give rise to a charge against its
general credit
or taxing powers, or be payable out of any funds or properties
other than
any of those set forth in subsection (a) and such bonds shall so
state on
their face.
(c) Bonds issued pursuant to subsection
(a) shall be special obliga-
tions of the municipality and are declared to be negotiable
instruments.
Such bonds shall be executed by the authorized representatives of
the
municipality and sealed with the corporate seal of the
municipality. All
details pertaining to the issuance of the bonds and terms and
conditions
thereof shall be determined by ordinance or resolution of the
munici-
pality. The provisions of K.S.A. 10-106, and amendments thereto,
re-
quiring a public sale of bonds shall not apply to bonds issued
under this
act. All bonds issued pursuant to this act and all income or
interest there-
from shall be exempt from all state taxes except inheritance taxes.
Such
bonds shall contain none of the recitals set forth in K.S.A.
10-112, and
amendments thereto. Such bonds shall contain the following
recitals: The
authority under which such bonds are issued; that such bonds are
in
conformity with the provisions, restrictions and limitations
thereof; and
that such bonds and the interest thereon are to be paid from the
money
and revenue received as provided in subsection (a) such bonds shall
ma-
ture in no more than 22 years.
(d) Any municipality issuing bonds under
the provisions of this act
may refund all or part of such issue pursuant to the provisions of
K.S.A.
10-116a, and amendments thereto.
(e) Bonds issued under the provisions of
this act shall be in addition
to and not subject to any statutory limitation of bonded
indebtedness
imposed on such municipality.
Sec. 14. K.S.A. 2002 Supp. 12-194
is hereby amended to read as
follows: 12-194. No city or county shall levy or impose an excise
tax or a
tax in the nature of an excise, other than a retailers' sales tax
and a com-
pensating use tax, upon the sale or transfer of personal or real
property,
or the use thereof, or the rendering of a service, but the
provisions of this
section shall not be construed as prohibiting any city from (a)
contracting
with a utility for a fixed charge based upon a percentage of gross
receipts
derived from the service permitted by grant, right, privilege or
franchise
to such utility; (b) imposing an occupation tax or license fee for
the priv-
ilege of engaging in any business, trade, occupation or profession,
or ren-
dering or furnishing any service, but the determination of any such
license
fee shall not be based upon any amount the licensee has received
from
the sale or transfer of personal or real property, or for the
rendering or
furnishing of a service, or on the income of the licensee;
or (c) levying
any occupation tax or license fee imposed by such city prior to the
effec-
tive date of this act; or (d) levying a tax for the purpose
of financing a
transportation development district, created under K.S.A.
2002 Supp. 12-
17,130 through 12-17,139, and amendments thereto.
No license fee de-
scribed in subsection (b) of this section shall be imposed upon any
utility
contracting with and subject to a charge, described in subsection
(a) of
this section, by such city.
Sec. 15. K.S.A. 2002 Supp. 25-432
is hereby amended to read as
follows: 25-432. An election shall not be conducted under this act
unless:
(a) Conducted on a date, mutually agreed
upon by the governing
body of the political or taxing subdivision and the county election
officer,
not later than 120 days following the date the request is submitted
by the
political or taxing subdivision; and
(b) the secretary of state approves a
written plan for conduct of the
election, which shall include a written timetable for the conduct
of the
election, submitted by the county election officer; and
(c) the election is nonpartisan; and
(d) the election is not one at which any
candidate is elected, retained
or recalled; and
(e) the election is not held on the same
date as another election in
which the qualified electors of that subdivision of government are
eligible
to cast ballots; and
(f) the election is a question submitted
election at which all of the
qualified electors of one of the following subdivisions of
government are
the only electors eligible to vote:
(1) Counties;
(2) cities;
(3) school districts, except in an
election held pursuant to K.S.A. 72-
7302 et seq., and amendments thereto;
(4) townships;
(5) benefit districts organized under
K.S.A. 31-301, and amendments
thereto;
(6) cemetery districts organized under
K.S.A. 15-1013 or 17-1330,
and amendments thereto;
(7) combined sewer districts organized
under K.S.A. 19-27,169, and
amendments thereto;
(8) community college districts organized
under K.S.A. 71-1101 et
seq., and amendments thereto;
(9) fire districts organized under K.S.A.
19-3601 or 80-1512, and
amendments thereto;
(10) hospital districts;
(11) improvement districts organized
under K.S.A. 19-2753, and
amendments thereto;
(12) Johnson county park and recreation
district organized under
K.S.A. 19-2859, and amendments thereto;
(13) sewage disposal districts organized
under K.S.A. 19-27,140, and
amendments thereto;
(14) water districts organized under
K.S.A. 19-3501 et seq., and
amendments thereto; or
(15) transportation development districts
created pursuant to K.S.A.
2002 Supp. 12-17,130 section 4 et
seq., and amendments thereto.
New Sec. 16. The secretary of
revenue in connection with a rede-
velopment project area for which sales, use and transient guest tax
rev-
enues 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
dis-
trict 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
allo-
cating 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
devel-
opment 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
amend-
ments thereto.
New Sec. 17. The provisions of
sections 4 through 13 and 16, and
amendments thereto, and K.S.A. 12-194 and 25-432, as amended
pur-
suant to this act, shall apply to all transportation development
districts,
whether created before or after July 1, 2003.
Sec. 18. K.S.A. 12-1617e is hereby
amended to read as follows: 12-
1617e. (a) The governing body of any city shall have the
power to may
have removed or abated from any lot or parcel of ground within the
city
any and all nuisances, including rank grass, weeds or other
vegetation and
shall have the power to cause to be. The
governing body may have drained
any pond or ponds of water, at the cost and expense of the owner of
the
property on which the nuisance is located, whenever the city,
county or
joint board of health or other agency as may be designated by the
gov-
erning body of the city files with the clerk of such city its
statement in
writing that such nuisance, rank vegetation, or
pond of water, describing
the same and where located, is a menace and dangerous to the health
of
the inhabitants of the city, or of any neighborhood, family or
resident of
the city. The governing body of the city, by resolution, also may
make
such determination.
The city clerk shall issue notice
requiring (b) Except as provided by
subsection (c), the governing body of the city shall order
the owner or
agent of the owner of the premises property
to remove and abate from
the premises property the thing or things
therein described as a nuisance
within a time, not exceeding 10 days, to be specified in the
notice. The
notice order. The order shall state that
before the expiration of the waiting
period, the recipient thereof may request a hearing before the
governing
body or its designated representative. The notice
order shall be served
on the owner or agent of such property by certified mail, return
receipt
requested, or by personal service, or if the
same. If the property is un-
occupied and the owner is a nonresident, then by mailing a
notice the
order by certified mail, return receipt requested, to the
last known ad-
dress of the owner.
(c) If the owner or agent of the owner
of the property has failed to
accept delivery or otherwise failed to effectuate receipt of a
notice sent
pursuant to this section during the preceding twenty-four month
period,
the governing body of a city may provide notice of the issuance
of any
further orders to abate or remove a nuisance from such property
in the
manner provided by subsection (b) or as provided in this
subsection. Ex-
cept as specifically provided in this subsection, the governing
body may
provide notice of the order by such methods including, but not
limited to,
door hangers, conspicuously posting notice of such order on the
property,
personal notification, telephone communication or first class
mail. If the
property is unoccupied and the owner is a nonresident, notice
provided
by this section shall be given by telephone communication or
first class
mail.
(d) If the owner or agent fails to
comply with the requirement of the
notice order for a period longer than that
named in the notice order, the
city shall proceed to have the things described in the
notice order re-
moved and abated from the lot or parcel of ground. If the city
abates or
removes the nuisance, the city shall give notice to the
owner or agent by
certified mail, return receipt requested, of the total cost of such
abate-
ment or removal incurred by the city. Such notice also shall state
that
payment of such cost is due and payable within 30 days following
receipt
of such notice. The city also may recover the cost of providing
notice,
including any postage, required by this section. If the cost of
such removal
or abatement and notice is not paid within the thirty-day period,
the cost
shall be collected in the manner provided by K.S.A. 12-1,115, and
amend-
ments thereto, or shall be assessed and charged against the lot or
parcel
of ground on which the nuisance was located. If the cost is to be
assessed,
the city clerk, at the time of certifying other city taxes to the
county clerk,
shall certify such costs, and the county clerk shall extend the
same on the
tax roll of the county against the lot or parcel of ground, and it
shall be
collected by the county treasurer and paid to the city as other
city taxes
are collected and paid. The city may pursue collection both by
levying a
special assessment and in the manner provided by K.S.A. 12-1,115,
and
amendments thereto, but only until the full cost and any applicable
in-
terest has been paid in full.
(b) (e) Any city
may remove and abate from property other than pub-
lic property or property open to use by the public a motor vehicle
deter-
mined to be a nuisance. Disposition of such vehicle shall be in
compliance
with the procedures for impoundment, notice and public auction
pro-
vided by paragraph (2) of subsection (a) of K.S.A. 8-1102, and
amend-
ments thereto. Following any sale by public auction of a vehicle
deter-
mined to be a nuisance, the purchaser may file proof thereof with
the
division of vehicles, and the division shall issue a certificate of
title to the
purchaser of such motor vehicle. If a public auction is conducted,
but no
responsible bid received, the city may file proof thereof with the
division
of vehicles, and the division shall issue a certificate of title of
such motor
vehicle to the city. Any person whose motor vehicle has been
disposed of
pursuant to this subsection shall be eligible for a refund of the
tax imposed
pursuant to K.S.A. 79-5101 et seq., and amendments thereto.
The amount
of such refund shall be determined in the manner provided by K.S.A.
79-
5107, and amendments thereto.
Sec. 19. K.S.A. 12-1617e, 12-6a01, 12-6a04 and
12-6a08 and K.S.A.
2002 Supp. 12-194, 12-17,130, 12-17,131, 12-17,132, 12-17,133,
12-
17,134, 12-17,135, 12-17,136, 12-17,137, 12-17,138, 12-17,139 and
25-
432 are hereby repealed.
Sec. 20. This act shall take effect and be in
force from and after its
publication in the statute book.
Approved April 21, 2003.
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