The Kansas Neighborhood Revitalization Act
KANSAS STATUTES ANNOTATED
CHAPTER 12.--CITIES AND MUNICIPALITIES
ARTICLE 17.--BUILDINGS, STRUCTURES AND GROUNDS
NEIGHBORHOOD REVITALIZATION
12-17,115. Same; definitions.
As used in
this act:
(a)
"Dilapidated structure" means a residence or other building which is
in deteriorating condition by reason of obsolescence, inadequate provision of
ventilation, light, air or structural integrity or is otherwise in a condition
detrimental to the health, safety or welfare of its inhabitants or a residence
or other building which is in deteriorating condition and because of age,
architecture, history or significance is worthy of preservation.
(b)
"Municipality" means any municipality as defined by K.S.A. 10-1101, and amendments thereto.
(c)
"Neighborhood revitalization area" means:
(1) An
area in which there is a predominance of buildings or improvements which by
reason of dilapidation, deterioration, obsolescence, inadequate provision for
ventilation, light, air, sanitation, or open spaces, high density of population
and overcrowding, the existence of conditions which endanger life or property
by fire and other causes or a combination of such factors, is conducive to ill
health, transmission of disease, infant mortality, juvenile delinquency or
crime and which is detrimental to the public health, safety or welfare;
(2) an
area which by reason of the presence of a substantial number of deteriorated or
deteriorating structures, defective or inadequate streets, incompatible land
use relationships, faulty lot layout in relation to size, adequacy, accessibility
or usefulness, unsanitary or unsafe conditions, deterioration of site or other
improvements, diversity of ownership, tax or special assessment delinquency
exceeding the actual value of the land, defective or unusual conditions of
title, or the existence of conditions which endanger life or property by fire
and other causes, or a combination of such factors, substantially impairs or
arrests the sound growth of a municipality, retards
the provision of housing accommodations or constitutes an economic or social
liability and is detrimental to the public health, safety or welfare in its
present condition and use; or
(3) an
area in which there is a predominance of buildings or improvements which by
reason of age, history, architecture or significance should be preserved or
restored to productive use.
(d)
"Governing body" means the governing body of any municipality.
(e)
"Increment" means that amount of ad valorem taxes collected from real
property located within the neighborhood revitalization area or from
dilapidated structures outside the revitalization area that is in excess of the
amount which is produced from such property and attributable to the assessed
valuation of such property prior to the date the neighborhood revitalization
area was established or the structure was declared dilapidated pursuant to this
act.
History: L.
1994, ch. 242, § 11; L.
1996, ch. 228, § 8; July 1.
ATTORNEY
GENERAL'S OPINIONS
2004
Pocket Part ATTORNEY GENERAL'S OPINIONS
Neighborhood
revitalization act; designation of entire city; rebate, effect of repeal of act
or sale of property. 96-38.
Tax rebate
payable to person liable for payment of taxes on property; portion of A.G.
opinion 96-38 withdrawn. 96-84.
K. S. A.
§ 12-17,115, KS ST § 12-17,115
Current through the 2004 Regular
Session
KANSAS STATUTES ANNOTATED
CHAPTER 12.--CITIES AND MUNICIPALITIES
ARTICLE 17.--BUILDINGS, STRUCTURES AND GROUNDS
NEIGHBORHOOD REVITALIZATION
12-17,116. Same; designation of revitalization area;
findings.
The
governing body of any municipality may designate any area within such
municipality as a neighborhood revitalization area if the governing body finds
that one or more of the conditions as described in subsection (c) of K.S.A. 12-17,115, and amendments thereto, exist and that the
rehabilitation, conservation or redevelopment of the area is necessary to
protect the public health, safety or welfare of the residents of the
municipality. The governing body may declare a building outside of a
neighborhood revitalization area to be a dilapidated structure if the structure
satisfies the conditions set forth in subsection (a) of K.S.A. 12-17,115.
History: L.
1994, ch. 242, § 12; L.
1996, ch. 228, § 9; July 1.
<General
Materials (GM) - References, Annotations, or Tables>
ATTORNEY
GENERAL'S OPINIONS
2004
Pocket Part ATTORNEY GENERAL'S OPINIONS
Neighborhood
revitalization act; designation of entire city; rebate, effect of repeal of act
or sale of property. 96-38.
Tax rebate
payable to person liable for payment of taxes on property; portion of A.G.
opinion 96-38 withdrawn. 96-84.
K. S. A.
§ 12-17,116, KS ST § 12-17,116
KANSAS STATUTES ANNOTATED
CHAPTER 12.--CITIES AND MUNICIPALITIES
ARTICLE 17.--BUILDINGS, STRUCTURES AND GROUNDS
NEIGHBORHOOD REVITALIZATION
12-17,117. Same; revitalization plan, contents; notice
and hearing.
(a) Prior
to designating an area as a neighborhood revitalization area or a structure to
be a dilapidated structure, the governing body shall adopt a plan for the
revitalization of such area or designation of a dilapidated structure. Such
plan shall include:
(1) A
legal description of the real estate forming the boundaries of the proposed
area and a map depicting the existing parcels of real estate;
(2) the
existing assessed valuation of the real estate in the proposed area, listing
the land and building values separately;
(3) a list
of names and addresses of the owners of record of real estate within the area;
(4) the
existing zoning classifications and district boundaries and the existing and
proposed land uses within the area;
(5) any
proposals for improving or expanding municipal services within the area
including, but not limited to, transportation facilities, water and sewage
systems, refuse collection, road and street maintenance, park and recreation
facilities and police and fire protection;
(6) a
statement specifying what property is eligible for revitalization and whether
rehabilitation and additions to existing buildings or new construction or both
is eligible for revitalization;
(7) the
criteria to be used by the governing body to determine what property is
eligible for revitalization;
(8) the
contents of an application for a rebate of property tax increments authorized
by K.S.A.
12-17,118 and amendments thereto;
(9) the
procedure for submission of an application for a rebate of property tax
increments authorized by K.S.A.
12-17,118 and amendments thereto;
(10) the
standards or criteria to be used when reviewing and approving applications for
a rebate of property tax increments authorized by K.S.A.
12-17,118 and amendments thereto;
(11) a
statement specifying the maximum amount and years of eligibility for a rebate
of property tax increments authorized by K.S.A.
12-17,118; and
(12) any
other matter deemed necessary by the governing body.
(b) Prior
to declaring a building to be a dilapidated structure, the governing body shall
do the following:
(1) Obtain
a legal description of the property to be declared dilapidated;
(2)
determine the assessed value of the property to be declared a dilapidated
structure, with separate values established for the land and structure;
(3)
determine the owner of record of the structure.
(c) Prior
to adopting a plan pursuant to this section, the governing body shall call and
hold a hearing on the proposal. Notice of such hearing shall be published at
least once each week for two consecutive weeks in a newspaper of general
circulation within the municipality. Following such hearing, or the
continuation thereof, the governing body may adopt such plan.
History: L.
1994, ch. 242, § 13; L.
1996, ch. 228, § 10; July 1.
ATTORNEY
GENERAL'S OPINIONS
2004
Pocket Part ATTORNEY GENERAL'S OPINIONS
Neighborhood
revitalization act; designation of entire city; rebate, effect of repeal of act
or sale of property. 96-38.
Tax rebate
payable to person liable for payment of taxes on property; portion of A.G.
opinion 96-38 withdrawn. 96-84.
K. S. A.
§ 12-17,117, KS ST § 12-17,117
KANSAS STATUTES ANNOTATED
CHAPTER 12.--CITIES AND MUNICIPALITIES
ARTICLE 17.--BUILDINGS, STRUCTURES AND GROUNDS
NEIGHBORHOOD REVITALIZATION
12-17,118. Same; neighborhood revitalization fund;
application for tax rebates; impact on state aid to school districts.
(a)
Following adoption of a plan pursuant to K.S.A. 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 provide 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 retransfer 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 municipality resulting
from improvements by a taxpayer to property in a neighborhood 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.
12-17,117 and amendments thereto. Upon approval
of an application received hereunder the municipality shall rebate all or a
part of incremental increases in ad valorem property tax resulting from the
improvements. Upon payment 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.
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.
History: L.
1994, ch. 242, § 14; L.
1996, ch. 228, § 11; L.
1997, ch. 97, § 3; July 1.
ATTORNEY
GENERAL'S OPINIONS
2004
Pocket Part ATTORNEY GENERAL'S OPINIONS
Neighborhood
revitalization act; designation of entire city; rebate, effect of repeal of act
or sale of property. 96-38.
Tax rebate
payable to person liable for payment of taxes on property; portion of A.G.
opinion 96-38 withdrawn. 96-84.
K. S. A.
§ 12-17,118, KS ST § 12-17,118