Ch. 97             1997 Session Laws of Kansas             333

An Act concerning cities; relating to improvements; neighborhood revitalization; amending
K.S.A. 12-6a04 and 12-6a06 and K.S.A. 1996 Supp. 12-17,118 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 12-6a04 is hereby amended to read as follows:
12-6a04. (1) (a) Before any contract is let or any work is ordered or
authorized for an improvement, the governing body shall by resolution

334             1997 Session Laws of Kansas             Ch. 97

direct and order a public hearing on the advisability of the improvement.
Except as provided in subsection (d), notice of the hearing shall be given
by not less than two (2) publications in a newspaper. The two publications
shall be a week apart and at least three (3) days shall elapse between the
last publication and the hearing. Notice shall be given as to:

(a) (1) Time and place of hearing;

(b) (2) general nature of the proposed improvements;

(c) (3) the estimated or probable cost;

(d) (4) extent of the proposed improvement district to be assessed;

(e) (5) the proposed method of assessment; and

(f) (6) proposed apportionment of cost (if any), if any, between the
improvement 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),
if any, between the district and the city at large, all as finally determined
by the governing body: Provided, 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 holding a new hearing on the improvement: Provided further,
That. 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 adjoining parallel streets have been
improved, and the proceedings are 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 (2) blocks has not been improved, and the proceedings are
to improve such intervening portion to the same extent as the improved
portions, or when the proceedings are to improve sanitary and storm
water sewers.

(2) (b) Petitions for any improvement authorized to be made under
the provisions of this act which set forth:

(a) (1) The general nature of the proposed improvement;

(b) (2) the estimated or probable cost;

(c) (3) the extent of the proposed improvement district to be assessed;

(d) (4) the proposed method of assessment;

(e) (5) the proposed apportionment of cost, if any, between the im-
provement district and the city at large; and

(f) (6) a request that such improvement be made without notice and
hearing as required in subsection (1) (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
petitions or later than seven (7) days after such filing, whichever occurs
first: Provided, however, except that the petitions shall contain a notice

Ch. 97             1997 Session Laws of Kansas             335

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 (i):

(A) A majority of the resident owners of record of property liable for
assessment under the proposal, or (ii); (B) the resident owners of record
of more than one-half of the area liable for assessment under the proposal,
or (iii) ; 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) 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. Thereupon the governing body may pro-
ceed without notice and hearing to order the improvement as provided
in K.S.A. 12-6a06, and amendments thereto, except that no protest shall
be received as provided in said such section: Provided,. The area of the
improvement district finally determined by the governing body to be as-
sessed may not exceed the district proposed in the petition unless notice
is given and a hearing held as provided in subsection (1) (a) of this section,
in which instance the proceedings shall be subject to protest as in other
cases.

(d) 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 ad-
visability 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. 2. K.S.A. 12-6a06 is hereby amended to read as follows: 12-
6a06. The governing body may, by a majority vote of the entire members-
elect thereof, at any time within six (6) months after the final adjournment
of the hearing on the advisability of making the improvements, adopt a
resolution authorizing the improvement in accordance with the finding
of the governing body upon the advisability of the improvement, as pro-
vided in K.S.A. 12-6a04, and amendments thereto, which shall be effective
upon publication once in the newspaper: Provided, except that the im-
provement shall not be commenced if, within twenty (20) 20 days after
publication of the resolution ordering the improvement, written protests
signed by both fifty-one percent (51%) 51% or more of the resident own-
ers of record of property within the improvement district and the owners
of record of more than half of the total area of such district are filed with

336             1997 Session Laws of Kansas             Ch. 97

the city clerk: Provided, however,. Whenever adjoining parallel streets
have been improved, and the proceedings are 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 pro-
ceedings are to improve such intervening portion to the same extent as
the improved portions, or the improvement shall not be commenced if,
within 30 days after publication of the resolution ordering the improve-
ment, written protests are signed by both 75% of the resident owners of
record of such property and the owners of record of 75% of the total area
of such property are filed with the city clerk. When the proceedings are
to improve sanitary and storm water sewers, no protest shall be accepted
by the city clerk and such improvements may be made regardless of pro-
tests. The genuineness of the signature and addresses of all signers of
each protest shall be verified by some signer of such protest. The gov-
erning body shall be judge of the sufficiency of any protest and its decision
shall be final and conclusive: Provided, except that names may be with-
drawn from any protests by the signers thereof at any time before the
governing body shall convene its meeting to determine the sufficiency
thereof.

Sec. 3. K.S.A. 1996 Supp. 12-17,118 is hereby amended to read as
follows: 12-17,118. (a) Following adoption of a plan pursuant to K.S.A.
1996 Supp. 12-17,117 and amendments thereto, the governing body shall
create a neighborhood revitalization fund to finance the redevelopment
of designated revitalization areas and dilapidated structures and to pro-
vide rebates authorized by this section. Moneys may be budgeted and
transferred to such fund from any source which may be lawfully utilized
for such purposes. Any municipality may expend money from the general
fund of such municipality to accomplish the purposes of this act.

(b) Moneys credited to such fund from annually budgeted transfers
shall not be subject to the provisions of K.S.A. 79-2925 through 79-2937,
and amendments thereto. In making the budget of the municipality, the
amounts credited to, and the amount on hand in, such neighborhood
revitalization fund and the amount expended therefrom shall be shown
thereon for the information of taxpayers. Moneys in such fund may be
invested in accordance with K.S.A. 10-131, and amendments thereto with
the interest credited to the fund.

(c) If the governing body determines that money which has been
credited to such fund or any part thereof is not needed for the purposes
for which so budgeted or transferred, the governing body may transfer
such amount not needed to the fund from which it came and such re-
transfer and expenditure shall be subject to the provisions of K.S.A. 79-
2925 through 79-2937, and amendments thereto.

(d) Any increment in ad valorem property taxes levied by the munic-

Ch. 97             1997 Session Laws of Kansas             337

ipality resulting from improvements by a taxpayer to property in a neigh-
borhood revitalization area or to a dilapidated structure may be credited
to the fund for the purpose of returning all or a part of the property
increment to the taxpayer in the form of a rebate. Applications for rebates
shall be submitted in the manner and subject to the conditions provided
by the revitalization plan adopted under K.S.A. 1996 Supp. 12-17,117 and
amendments thereto. Upon approval of an application received here-
under the municipality shall rebate all or a part of incremental increases
in ad valorem property tax resulting from the improvements. Upon pay-
ment of taxes by the taxpayer, the rebate must be made within 30 days
after the next distribution date as specified in K.S.A. 12-1678a, and
amendments thereto.

(e) No later than November 1 of each year the county clerk of each
county shall certify to the state commissioner of education the assessed
valuation amount of any school district therein for which tax increment
rebates have been made by the school district during the previous year
in accordance with an interlocal agreement approved by the board of
education of such district under the provisions of K.S.A. 1996 Supp. 12-
17,119 and amendments thereto. The amount of the assessed valuation
shall be determined by dividing the total amount of tax increment rebates
paid by the district during the preceding 12 months by the total of the ad
valorem tax levy rates levied by or on behalf of the district in the previous
year. The commissioner of education shall annually deduct the certified
amounts of assessed valuation for such rebates from the total assessed
valuation of the district in determining the total and per pupil assessed
valuations used in the allocation of state aid payments to school districts.

Sec. 4. K.S.A. 12-6a04 and 12-6a06 and K.S.A. 1996 Supp. 12-17,118
are hereby repealed.

Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 10, 1997.