322             1997 Session Laws of Kansas             Ch. 93

Chapter 93


An Act concerning tax increment financing; amending K.S.A. 1996 Supp. 12-1773 and
repealing the existing section.

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

Section 1. K.S.A. 1996 Supp. 12-1773 is hereby amended to read as
follows: 12-1773. (a) Any city which has adopted a redevelopment plan
in accordance with the provisions of this act may purchase or otherwise
acquire real property. Upon a 2/3 vote of the members of the governing
body thereof a city may acquire by condemnation any interest in real
property, including a fee simple title thereto, which it deems necessary
for or in connection with any redevelopment plan of an area located
within the redevelopment district. However no city shall exercise such
eminent domain power to acquire real property in a conservation area.
Any such city may exercise the power of eminent domain in the manner
provided by K.S.A. 26-501 et seq., and amendments thereto. In addition
to any compensation or damages allowed under the eminent domain pro-
cedure act, such city shall also provide for the payment of relocation
assistance as provided in K.S.A. 12-1777, and amendments thereto.

(b) Any property acquired by a city under the provisions of this act
may be sold or leased to any person, firm or corporation, hereinafter
referred to as a developer, in accordance with the redevelopment plan
and under such other conditions as may be agreed upon. Such city may
use the proceeds of special obligation bonds issued under K.S.A. 12-1774,
and amendments thereto, or full faith and credit tax increment bonds
issued under K.S.A. 12-1774, and amendments thereto, or any uncom-

Ch. 93             1997 Session Laws of Kansas             323

mitted funds derived from those sources set forth in paragraph (1) of
subsection (a) of K.S.A. 12-1774, and amendments thereto, to implement
the redevelopment plan including, without limitation:

(1) Acquisition of property within the project area;

(2) payment of relocation assistance;

(3) site preparation;

(4) sanitary and storm sewers and lift stations;

(5) drainage conduits, channels and levees;

(6) street grading, paving, graveling, macadamizing, curbing, gutter-
ing and surfacing;

(7) street lighting fixtures, connection and facilities;

(8) underground gas, water, heating, and electrical services and con-
nections located within the public right-of-way;

(9) sidewalks and pedestrian underpasses or overpasses;

(10) drives and driveway approaches located within public right-of-

(11) water mains and extensions;

(12) plazas and arcades;

(13) parking facilities;

(14) landscaping and plantings; fountains, shelters, benches, sculp-
tures, lighting, decorations and similar amenities; and

(15) all related expenses to redevelop and finance the redevelopment

None of the proceeds from the sale of such bonds shall be used for the
construction of buildings or other structures to be owned by or to be
leased to
such developer, except for proceeds of such bonds as may be
issued under subsection (a)(1)(D) of K.S.A. 12-1774, and amendments
thereto and except for proceeds of such bonds as may be issued for a
redevelopment district including some or all of the land and buildings
comprising a state mental institution closed pursuant to section 2 of chap-
ter 219 of the 1995 Session Laws of Kansas

Sec. 2. K.S.A. 1996 Supp. 12-1773 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved April 10, 1997.

Published in the Kansas Register: April 17, 1997.