(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. Under this section, a municipality may create a district, or may modify a district previously created under this section, upon receipt of a petition that is signed by the owners of all of the land area within the proposed district, and is both (1) seeking financing only by assessments and (2) not seeking the issuance of full faith and credit bonds pursuant to this act. The petition shall contain:

(A) The general nature of the proposed project;

Terms Used In Kansas Statutes 12-6a28

  • Act: means the provisions of Kan. See Kansas Statutes 12-6a27
  • Assessments: means special assessments imposed and levied pursuant to the provisions of this act. See Kansas Statutes 12-6a27
  • Bonds: means special obligation bonds, special obligation notes, full faith and credit bonds or full faith and credit notes payable solely from the sources described in Kan. See Kansas Statutes 12-6a27
  • Cost: means : (1) All costs necessarily incurred for the preparation of preliminary reports, the preparation of plans and specifications, the preparation and publication of notices of hearings, resolutions, ordinances and other proceedings relating to the creation or administration of the district or the issuance of bonds therefore, 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 the 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 officers; 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 Kan. See Kansas Statutes 12-6a27
  • District: means a community improvement district created pursuant to this act. See Kansas Statutes 12-6a27
  • Governing body: means the governing body of a city or the board of county commissioners of a county. See Kansas Statutes 12-6a27
  • Municipality: means any city or county. See Kansas Statutes 12-6a27
  • Newspaper: means the official newspaper of the municipality. See Kansas Statutes 12-6a27
  • Project: means :

    (1) Any project within the district to acquire, improve, construct, demolish, remove, renovate, reconstruct, rehabilitate, maintain, restore, replace, renew, repair, install, relocate, furnish, equip or extend:

    (A) Buildings, structures and facilities;

    (B) sidewalks, streets, roads, interchanges, highway access roads, intersections, alleys, parking lots, bridges, ramps, tunnels, overpasses and underpasses, traffic signs and signals, utilities, pedestrian amenities, abandoned cemeteries, drainage systems, water systems, storm systems, sewer systems, lift stations, underground gas, heating and electrical services and connections located within or without the public right-of-way, water mains and extensions and other site improvements;

    (C) parking garages;

    (D) streetscape, lighting, street light fixtures, street light connections, street light facilities, benches or other seating furniture, trash receptacles, marquees, awnings, canopies, walls and barriers;

    (E) parks, lawns, trees and other landscape;

    (F) communication and information booths, bus stops and other shelters, stations, terminals, hangers, restrooms and kiosks;

    (G) paintings, murals, display cases, sculptures, fountains and other cultural amenities;

    (H) airports, railroads, light rail and other mass transit facilities; and

    (I) lakes, dams, docks, wharfs, lakes or river ports, channels and levies, waterways and drainage conduits;

    (2) within the district, to operate or to contract for the provision of music, news, child-care, or parking lots or garages, and buses, minibuses or other modes of transportation;

    (3) within the district, to provide or contract for the provision of security personnel, equipment or facilities for the protection of property and persons;

    (4) within the district, to provide or contract for cleaning, maintenance and other services to public or private property;

    (5) within the district, to produce and promote any tourism, recreational or cultural activity or special event, including, but not limited to, advertising, decoration of any public place in the district, promotion of such activity and special events and furnishing music in any public place;

    (6) within the district, to support business activity and economic development, including, but not limited to, the promotion of business activity, development and retention and the recruitment of developers and business;

    (7) within the district, to provide or support training programs for employees of businesses;

    (8) to contract for or conduct economic impact, planning, marketing or other studies; and

    (9) within or without the district, costs for infrastructure located outside the district but contiguous to any portion of the district and such infrastructure is related to a project within the district or substantially for the benefit of the district. See Kansas Statutes 12-6a27

  • Property: includes personal and real property. See Kansas Statutes 77-201

(B) the estimated cost of the project;

(C) the proposed method of financing the project;

(D) the proposed amount and method of assessment;

(E) a map of the proposed district; and

(F) a legal description of the boundaries 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 the filing of such petition with the clerk of the municipality, 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 pursuant to this section, 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 governing body by majority vote 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 the 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.

(e) Following authorization of the project, the ordinance or resolution establishing the district shall be submitted for recording in the office of the register of deeds of the county in which the district is located.

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