Kansas Statutes 12-17,171. Addition or removal of real property within district; division of district; procedure; transfer of ownership interest in real property
Terms Used In Kansas Statutes 12-17,171
- City: means any city in Kansas. See Kansas Statutes 12-1795
- District: means a self-supported municipal improvement district which may be created and the property taxed in accordance with this act and which is:
(1) Comprised of contiguous property wholly within the boundaries of the central business district of the city as such boundaries are determined by resolution adopted by the governing body of the city and none of which property is zoned for any use other than commercial or industrial;
(2) comprised, at a minimum, of an area equivalent to four square blocks excluding any public streets and rights-of-way; and
(3) given a descriptive name containing the words "self-supported municipal improvement district. See Kansas Statutes 12-1795
- district plan: means the preliminary plan that identifies all of the proposed redevelopment project areas and identifies in a general manner all of the buildings, facilities and improvements in each that are proposed to be constructed or improved in each redevelopment project area or, if the redevelopment district is established for an intermodal transportation area, in or outside of the redevelopment district. See Kansas Statutes 12-1770a
- Feasibility study: means :
(A) A study which shows whether a redevelopment project's or bioscience development project's benefits and tax increment revenue and other available revenues under Kan. See Kansas Statutes 12-1770a
- Governing body: means the governing body of any municipality. See Kansas Statutes 12-17,115
- Month: means a calendar month, unless otherwise expressed. See Kansas Statutes 77-201
- Property: includes personal and real property. See Kansas Statutes 77-201
- real property: include lands, tenements and hereditaments, and all rights to them and interest in them, equitable as well as legal. See Kansas Statutes 77-201
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Substantial change: means , as applicable, a change wherein the proposed plan or plans differ substantially from the intended purpose for which the district plan or project plan was approved. See Kansas Statutes 12-1770a
(a) Any addition of area to the STAR bond project district, or any substantial change as defined in Kan. Stat. Ann. § 12-17,162, and amendments thereto, to the STAR bond project district plan shall be subject to the same procedure for public notice and hearing as is required for the establishment of the STAR bond project district. Any such addition of area shall be limited to real property which has not been part of another STAR bond project district. The base year of a STAR bond project district, following the addition of area to the STAR bond project district, shall be the base year for the original area, and with respect to the additional area, the base year shall be any 12-month period immediately prior to the month in which additional area is added to the STAR bond project district.
(b) A city or county may remove real property from a STAR bond project district by an ordinance or resolution of the governing body respectively.
(c) A city or county may divide the real property in a STAR bond project district, including real property in different project areas within a STAR bond project district, into separate STAR bond project districts. Any division of real property within a STAR bond project district into more than one STAR bond project district shall be subject to the same procedure of public notice and hearing as is required for the establishment of the STAR bond project district.
(d) Subject to the provisions of subsection (a), if a city or county has undertaken a STAR bond project within a STAR bond project district, and either the city or county wishes to subsequently remove more than a de minimis amount of real property from the STAR bond project district, or the city or county wishes to subsequently divide the real property in the STAR bond project district into more than one STAR bond project district, then prior to any such removal or division the city or county must provide a feasibility study which shows that the tax revenue from the resulting STAR bond project district within which the STAR bond project is located is expected to be sufficient to pay the project costs.
(e) Removal of real property from one STAR bond project district and addition of all or a portion of that real property to another STAR bond project district may be accomplished by the adoption of an ordinance or resolution, and in such event the determination of the existence or nonexistence of an adverse effect on the county or school district under Kan. Stat. Ann. § 12-17,165(f), and amendments thereto, shall apply to both such removal and such addition of real property to a STAR bond project district.
(f) The transfer of any ownership interest in real property acquired with the proceeds from STAR bonds shall require the advance approval of the secretary. While such STAR bonds remain outstanding, such transfer shall also require the disclosure of the sale price and the name of any transferee and any individual owner, partner, officer or principal of such transferee. The information shall be included in the secretary’s reports pursuant to Kan. Stat. Ann. § 12-17,169(c)(1) and (2), and amendments thereto.