Session Law

Identifying Information:L. 2003 ch. 120
Other Identifying Information:2003 Senate Bill 178
Tax Type:Other
Brief Description: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.
Keywords:


Body:

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, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003