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2011 Kansas Attorney General Reports and Opinions 1 (2011)

handle is hein.sag/sagks0034 and id is 1 raw text is: February 3, 2011

ATTORNEY GENERAL OPINION NO. 2011- 1
Gary A. Anderson
Bond Counsel, City of Roeland Park
2405 Grand Boulevard, Suite 1100
Kansas City, Missouri 64108-2521
Re:         Cities and Municipalities-Buildings, Structures and Grounds; Development and
Redevelopment of Areas In and Around Cities-Purpose of Act; Procedure for
Establishing  Redevelopment  District;  Procedure  for  Establishing  a
Redevelopment Project; Project Plan; Posthearing Changes; Twenty-Year Time
Limitation
Synopsis:   A city may through home rule terminate an existing project plan when the city
deems that projects designated in an existing project plan are no longer desired
or feasible, the project area should be transferred to another redevelopment
district, new redevelopment projects for the transferred area should be pursued
and new revenue resources are to be pledged to pay the costs of the
redevelopment projects. The city would then need to follow the procedure set
forth in subsections (a) through (e) of K.S.A. 2010 Supp. 12-1772 to adopt a new
project plan for the transferred project area. Cited herein: K.S.A. 2010 Supp. 12-
1770; 12-1770a; 12-1771; 12-1772; 12-1775; 12-1776; Kan. Const., Art. 12, § 5.
Dear Mr. Anderson:
As bond counsel for the City of Roeland Park, you ask whether a city may terminate a project
plan and adopt a new project plan or whether an existing project plan is amended when a
project area with an approved but abandoned project plan is moved from one redevelopment
district to a different redevelopment district, different redevelopment projects are intended to
be pursued in the transferred area and different revenue sources will be pledged to cover the
costs of the projects.
In 1992, the City of Roeland Park utilized its authority under K.S.A. 12-1770 et seq. (TIF) to
establish Redevelopment District No. 2 (District 2). Four project areas were created within
District 2.

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