32-874d. Same; requests for proposals; advertisement; negotiations with developers.
32-874d
32-874d. Same; requests for proposals;advertisement; negotiations with developers.(a) When the incentive packages for each of the lakeresorts is determined,the secretaryof wildlife and parksand the secretary of commerceshall develop requests for proposals which include theincentive packages for each site. The proposals received from developers undersubsection (h)(6) of K.S.A. 32-807, and amendments thereto, shall be sealed.
(b) The department of wildlife and parks and the department of commerceshall advertise for proposal planswith bids for development of sites selected under K.S.A. 32-867, 32-868, 32-871and 32-872, and amendments thereto. Advertisements for proposals with bidsshall be published in the Kansas register and once each week for twoconsecutive weeks in a newspaperhaving general circulation in the community at least 60 days before the timefor receiving the proposals with bids. The advertisement shall also be postedon readily accessible bulletin boards in all offices of the two departments andon the information network of Kansas. Theadvertisement shall identify the area to be developed, the purpose of thedevelopment and shall state that such further information as is available maybe obtained from either departments' office in Topeka.
The two secretaries shall consider all proposals with bids submitted, thefinancialand legal ability of the private sector developers making such proposals withbids to carry them out and may negotiate with any private sector developer fora proposal with bid. The secretaries may accept such proposal with bid as itdeems to be in the public interest and in furtherance of the purposes of thisact.
(c) Once proposals are received from developers wishing to contract forbuilding the resort, the secretary of wildlife and parks utilizing powers andauthority granted under K.S.A. 32-807, 32-862, 32-863 and 32-867 through32-872, and amendments thereto, and the secretary of commerce underK.S.A. 74-5005, and amendments thereto, shall select, negotiate and contractfor theconstruction of a lake resort which shall be operated as a private concessionand developed with private funding to include, but not limited to, theissuance of revenue bonds under K.S.A. 32-857 through 32-864, and amendmentsthereto.
(d) The secretary of wildlife and parks and the secretary of commerce mayengage a private consultant toassist in the development of a contract for the selected site. Consistent withthepowers and authority granted to the secretary of wildlife and parks, thesecretary may waive any relevant park fees, obtain revenue from the resort andresort facilities and include penalty provisions in the contract regardingnonperformance by the operator and developer of the resort.
(e) The secretary ofwildlife and parks and the secretary of commerce shall notseekapproval under K.S.A. 32-873, andamendments thereto, until the requirements of subsections (a) through (d) aresatisfied.
History: L. 1998, ch. 92, § 4;L. 2003, ch. 154, § 11; July 1.