§ 27-148. Property owned by public agencies.

(a)

The unified government, or any subdivision thereof, or any other public agency which may own or acquire property in the city shall not undertake any project which will encroach upon, damage or destroy any real property designated as a historic landmark or as part of a historic district or the environs of such property until the landmarks commission has been given notice and an opportunity to review and comment upon the proposed project. If the landmarks commission determines that such proposed project will encroach upon, damage or destroy any real property designated as a historic landmark, or as part of a historic district or the environs of such property, such project shall not proceed until:

(1)

The unified government board of commissioners has made a determination, based on prudent consideration of all relevant factors, that there is no feasible and prudent alternative to the proposal and that the program includes all possible planning to minimize harm to such real property resulting from such use; and

(2)

Five days' notice of such determination has been given to the landmarks commission.

(b)

Such review and determination shall be in addition to any similar review and determination that may be required by the Kansas Historic Preservation Act (K.S.A. 75-2715—75-2725).

(Code 1964, § 2-26(7)(D); Code 1988, § 27-115; Ord. No. 49004, § 2, 9-1-1970; Ord. No. 63524, § 1, 11-12-1981; Ord. No. 64598, § 1, 2-2-1984)