Kansas Statutes 12-6a01. Procedures for certain improvements and for financing costs; definitions
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 authority of this act and the singular may include the plural, and includes reimprovement of a prior improvement.
Terms Used In Kansas Statutes 12-6a01
- Act: means the provisions of Kan. 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
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Governing body: means the governing body of a city or the board of county commissioners of a county. See Kansas Statutes 12-6a27
- Newspaper: means the official newspaper of the municipality. See Kansas Statutes 12-6a27
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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) “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 property by purchase, gift, condemnation or other lawful means, including improvements authorized to be constructed under this act, and may include 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 preparation and publication of notices of hearings, resolutions, ordinances and other proceedings, necessary fees and expenses of consultants and interest accrued on borrowed money during the period of construction together 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 rendered by the city in the administration and supervision of such improvement by its general officers, any necessary reserves and where property and improvements already owned by the city and previously financed by the issuance of revenue bonds is acquired the cost shall include not to exceed the principal amount of such outstanding revenue bonds plus the amount of matured 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 subsection (c) or (d) of Kan. Stat. Ann. § 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 (serpentine), crocidolite (riebeckite), amosite (cummingtonitegrunerite), anthophyllite, 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 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 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 maintenance 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 replacement 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 maintenance 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.
(n) “Bonds” means general obligation bonds or special obligation bonds.