2006 Kansas Code - 12-1780c

      12-1780c.   Same; project plan, contents, approval; resolution adopting plan; public hearing; construction time schedule; revenue collections sufficient to satisfy bond obligation; expiration of act. (a) Any city proposing to undertake a special bond project established pursuant to K.S.A. 2005 Supp. 12-1780b, and amendments thereto, or a major motorsports complex as defined in K.S.A. 12-1770a, and amendments thereto, shall prepare a project plan in consultation with the planning commission of the city. Such project plan shall also be prepared in consultation with the planning commission of the county, if any, if a special bond project or major motorsports complex is located wholly outside the boundaries of the city. The project plan shall include:

      (1)   A summary of the feasibility study done as defined in K.S.A. 12-1770a, and amendments thereto, which will be an open record;

      (2)   a summary of the marketing study done as defined in K.S.A. 12-1770a, and amendments thereto, which will be an open record;

      (3)   a reference to the district plan established under K.S.A. 12-1771, and amendments thereto, that identifies the project area that is set forth in the project plan that is being considered;

      (4)   a description and map of the location of the facility that is the subject of the special bond project or major motorsports complex;

      (5)   the relocation assistance plan required by K.S.A. 12-1777, and amendments thereto;

      (6)   a detailed description of the buildings and facilities proposed to be constructed or improved; and

      (7)   any other information the governing body deems necessary to advise the public of the intent of the special bond project or major motorsports complex plan.

      (b)   Resolution requirements. A copy of the project plan shall be delivered to the board of county commissioners of the county and the board of education of any school district levying taxes on property subject to the special bond project or major motorsports complex. Upon a finding by the planning commission of the city that the project plan is consistent with the intent of the comprehensive plan for the development of the city, and a finding by the planning commission of the county, if any, with respect to a special bond project or a major motorsports complex located wholly outside the boundaries of the city, that the project plan is consistent with the intent of the comprehensive plan for the development of the county, the governing body of the city shall adopt a resolution stating that the city is considering the adoption of the project plan. Such resolution shall:

      (1)   Give notice that a public hearing will be held to consider the adoption of the project plan and fix the date, hour and place of such public hearing;

      (2)   describe the boundaries of the area subject to the special bond project or major motorsports complex; and

      (3)   state that the project plan, including a summary of the feasibility study, relocation assistance plan and financial guarantees of the prospective developer and a description and map of the area to be developed are available for inspection during regular office hours in the office of the city clerk.

      (c) (1)   Hearing. The date fixed for the public hearing shall be not less than 30 nor more than 70 days following the date of the adoption of the resolution fixing the date of the hearing.

      (2)   A copy of the resolution providing for the public hearing shall be by certified mail, return receipt requested sent to the board of county commissioners of the county and the board of education of any school district levying taxes on property subject to the special bond project or major motorsports complex. The resolution shall be published once in the official city newspaper not less than one week nor more than two weeks preceding the date fixed for the public hearing. A description in sufficient detail to advise the reader of the particular proposed special bond project or major motorsports complex shall be published with the resolution.

      (3)   At the public hearing, a representative of the city shall present the city's proposed project plan. Following the presentation of the project plan, all interested persons shall be given an opportunity to be heard. The governing body for good cause shown may recess such hearing to a time and date certain, which shall be fixed in the presence of persons in attendance at the hearing.

      (d)   The public hearing records and feasibility study shall be subject to the open records act, K.S.A. 45-215, and amendments thereto.

      (e)   Posthearing procedure. Following the public hearing, the governing body may adopt the project plan by ordinance passed upon a 2/3 vote.

      (f)   Any substantial changes as defined in K.S.A. 12-1770a, and amendments thereto, to the project plan as adopted shall be subject to a public hearing following publication of notice thereof at least twice in the official city newspaper.

      (g)   Any project shall be completed within 20 years from the date of the approval of the project plan. Kansas resident employees shall be given priority consideration for employment in construction projects located in a special bond project or major motorsports complex area.

      (h)   Any developer of a special bond project or major motorsports complex shall commence work on such project or complex within two years from the date of adoption of the project plan. Should the developer fail to commence work on the special bond project or major motorsports complex within the two-year period, funding for such project or complex shall cease and the developer of such project or complex shall have one year to appeal to the secretary for reapproval of such project or complex and the funding for it. Should the project or complex be reapproved, the two-year period for commencement shall apply.

      (i)   The secretary of revenue shall determine when the amount of sales tax and other revenues that have been collected and distributed to the bond debt service or reserve fund is sufficient to satisfy all principal and interest costs to the maturity date or dates, of any special obligation bonds issued by a city to finance a special bond project or a major motorsports complex. Thereafter, all sales tax and other revenues shall be collected and distributed in accordance with applicable law.

      (j)   The provisions of this act regarding special bond projects and major motorsports complexes shall expire on and after July 1, 2007.

      History:   L. 2003, ch. 97, § 3; L. 2004, ch. 183, § 6; L. 2005, ch. 132, § 10; Apr. 21.