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Home My Public Portal AboutOrd 516 Creating a CID GILMORE&BELL,P.C. 10/31/2012 (Published in The Ark Valley News on November 15,2012.) ORDINANCE NO.516 AN ORDINANCE CREATING A COMMUNITY IMPROVEMENT DISTRICT (SUNFLOWER COMMERCE PARK IN THE CITY OF BEL AIRE, KANSAS; AUTHORIZING CERTAIN PROJECTS THEREIN; APPROVING THE ESTIMATED COSTS OF SUCH PROJECTS; CONTAINING THE LEGAL DESCRIPTION AND MAP OF THE BOUNDARIES OF THE DISTRICT; APPROVING THE MAXIMUM AMOUNT AND METHOD OF ASSESSMENT; AND APPROVING THE METHOD OF FINANCING THE PROJECTS. WHEREAS, the governing body of the City of Bel Aire, Kansas (the "City"), has heretofore received a Petition pursuant to K.S.A. 12-6a26 et seq. (the "Act") and adopted Resolution No. R-12-16 of the City, containing the time and place of a public hearing on the advisability of creating a community improvement district for the Sunflower Commerce Park in the City (the "Sunflower Commerce Park Community Improvement District"), the general nature of proposed projects within the Sunflower Commerce Park Community Improvement District (the "Projects"), the estimated costs of the Projects, the proposed method of financing the Projects, the proposed amount and method of assessment, if any, and a map and legal description of the proposed District; and WHEREAS, Resolution No. R-12-16 was published twice in The Ark Valley News, the official City newspaper,on October 18,2012 and October 25,2012; and WHEREAS, the governing body has on the date of this Ordinance conducted a public hearing on advisability of creating the Sunflower Commerce Park Community Improvement District; and WHEREAS, the governing body hereby finds and determines it to be advisable to adopt this Ordinance to create the Sunflower Commerce Park Community Improvement District, authorize the Projects therein,approve the estimated costs of such improvement Projects,contain the legal description and map of the boundaries of the Sunflower Commerce Park Community Improvement District, approve the maximum amount and method of assessment for the improvement Projects and approve the method of financing the improvement Projects, all in accordance with the provisions of the Act. THEREFORE,BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE,KANSAS: SECTION 1. Creation of Sunflower Commerce Park Community Improvement District; Legal Description and Map. The governing body hereby finds and determines that it is advisable to create, in accordance with the provisions of the Act, the Sunflower Commerce Park Community Improvement District. The legal description of the Sunflower Commerce Park Community Improvement District is as follows: Lots 1 — 5, Block A; Lots 1 — 9, Block B; and Lots 1 — 9, Block C; in the Sunflower Commerce Park Addition to the City of Bel Aire, Kansas; and the public right of way of Webb Road from 46`h Street North to 5 0t'Street North. KMC\601000.043\CID Ordinance 1 A map of the property contained in the Sunflower Commerce Park Community Improvement District is set forth on Schedule I attached hereto and incorporated by reference herein. SECTION 2. Authorization of Sunflower Commerce Park Community Improvement District Projects; Estimated Costs. (a) The governing body hereby authorizes construction and acquisition of the Projects within the Sunflower Commerce Park Community Improvement District,as more fully described below: (i) Street paving, curbing and guttering improvements on 50'b Street North, Tolar Drive and Industry Drive in Sunflower Commerce Park. (ii) Underground gas system improvements to serve Lots 3 — 5, Block A; Lots 3 — 7, Block B; Lots 1 —4, Block C; in the Sunflower Commerce Park. (iii) Electric system improvements to serve Lots 3 —5, Block A; Lots 3 —7, Block B; Lots 1 —4,Block C; in the Sunflower Commerce Park. (iv) Signage and monuments to serve Lots 1 —5,Block A;Lots 1 —9,Block B; and Lots 1 —7, Block C; in the Sunflower Commerce Park. (v) Rail system improvements to serve Lots 3 — 8 of Block C, in the Sunflower Commerce Park. (b) The estimated costs of the proposed Projects are: G) With respect to the street paving, curbing and guttering improvements, $1,826,260, to be increased at the pro rata rate of 1 percent per month from and after the date of passage of this Ordinance authorizing the Projects. (ii) With respect to the underground gas system improvements, $85,063, to be increased at the pro rata rate of 1 percent per month from and after the date of passage of this Ordinance authorizing the Projects. (iii) With respect to the electric system improvements, $236,962,to be increased at the pro rata rate of 1 percent per month from and after the date of passage of this Ordinance authorizing the Projects. (iv) With respect to the signage and monuments, $133,670, to be increased at the pro rata rate of 1 percent per month from and after the date of passage of this Ordinance authorizing the Projects. (v) With respect to the rail system improvements, $24,303, to be increased at the pro rata rate of 1 percent per month from and after the date of passage of this Ordinance authorizing the Projects. SECTION 3. Method of Financing;Protest Period. (a) The costs of the proposed Projects are proposed to be financed by full faith and credit general obligation bonds of the City, or, as an alternative to such bonds with respect to the street Project, a Kansas transportation revolving fund loan, each as referenced in K.S.A. 12-6a36. If, within 60 days following the public hearing held on the date of this Ordinance, a protest petition signed by 5% of the qualified voters of the City is filed with the City Clerk, in accordance with K.S.A. 25-3601 et seq., no full KMC\601000.043\CID Ordinance 2 faith and credit bond shall be issued by the City to finance the Projects until such issuance is approved by a majority of the voters voting at an election held thereon in the City. (b) There will be no community improvement district sales tax levied on property within the boundaries of the Sunflower Commerce Park Community Improvement District. SECTION 4. Special Assessments There are hereby approved special assessments on property within the boundaries of the Sunflower Commerce Park Community Improvement District, with the properties to be assessed, maximum amount, method of assessment and apportionment of cost for such Projects approved to be as follows: (a) With respect to the street paving, curbing and guttering improvements, 100% of the costs of such improvements, in a maximum amount of$1,826,260,to be increased at the pro rata rate of 1 percent per month from and after the date of passage of this Ordinance, shall be assessed to Lots 1 — 5, Block A; Lots 1 —9,Block B; and Lots 1 —6,Block C; in the Sunflower Commerce Park Addition to the City of Bel Aire,Kansas,on an equally per square foot basis. (b) With respect to the underground gas system improvements, 100% of the costs of such improvements, in a maximum amount of$85,063,to be increased at the pro rata rate of 1 percent per month from and after the date of passage of this Ordinance, shall be assessed to Lots 3 — 5, Block A; Lots 3 — 7, Block B; Lots 1 —4, Block C; in the Sunflower Commerce Park Addition to the City of Bel Aire, Kansas, on an equally per square foot basis. (c) With respect to the electric system improvements, 100%of the costs of such improvements, in a maximum amount of$236,962,to be increased at the pro rata rate of 1 percent per month from and after the date of passage of this Ordinance, shall be assessed to Lots 3 —5, Block A; Lots 3 —7, Block B; Lots 1 —4, Block C; in the Sunflower Commerce Park Addition to the City of Bel Aire,Kansas, on an equally per square foot basis. (d) With respect to the signage and monuments, 100% of the costs of such improvements, in a maximum amount of$133,670,to be increased at the pro rata rate of 1 percent per month from and after the date of passage of this Ordinance, shall be assessed to Lots 1 —5,Block A; Lots 1 —9,Block B; and Lots 1 —7, Block C; in the Sunflower Commerce Park Addition to the City of Bel Aire,Kansas, on an equally per square foot basis. (e) With respect to the rail system improvements, 100% of the costs of such improvements, in a maximum amount of$24,303,to be increased at the pro rata rate of 1 percent per month from and after the date of passage of this Ordinance, shall be assessed to Lots 3 — 8 of Block C; in the Sunflower Commerce Park Addition to the City of Bel Aire,Kansas,on an equally per square foot basis. SECTION 5. Effective Date. This Ordinance shall take effect and be in full force from and after its adoption by the governing body of the City and publication in the official City newspaper. [BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK] KMC\601000.043\CID Ordinance 3 PASSED by the governing body of the City of Bel Aire, Kansas, on November 6, 2012, and APPROVED AND SIGNED by the Mayor. (Seal) Mayor ATTEST: City Clerl{ CERTIFICATE I hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 516 of the City of Bel Aire, Kansas adopted by the governing body on November 6, 2012, as the same appears of record in my office, and that it was published in TheArk Valley News on November 15,2012. DATED: November 15,2012. City Clerk KMC\601000.043\CID Ordinance 4 SCHEDULE I MAP OF COMMUNITY IWROVEMENT DISTRICT KMC\601000.043\CID Ordinance S-I-1 n. m �y KMC\601000.043\CID Ordinance 5-1-2 GILMORE&BELL,P.C. 10/31/2012 EXCERPT OF MINUTES OF A MEETING OF THE GOVERNING BODY OF CITY OF BEL AIRE,KANSAS HELD ON NOVEMBER 6,2012 The governing body met in regular session at the usual meeting place in the City, at 6:00 p.m., the following Councilmembers being present and participating,to-wit: Absent: None The Mayor declared that a quorum was present and called the meeting to order. (Other Proceedings) Thereupon,there was presented an Ordinance entitled: AN ORDINANCE CREATING A COMMUNITY IMPROVEMENT DISTRICT (SUNFLOWER COMMERCE PARK) IN THE CITY OF BEL AIRE, KANSAS; AUTHORIZING CERTAIN PROJECTS THEREIN; APPROVING THE ESTIMATED COSTS OF SUCH PROJECTS; CONTAINING THE LEGAL DESCRIPTION AND MAP OF THE BOUNDARIES OF THE DISTRICT; APPROVING THE MAXIMUM AMOUNT AND METHOD OF ASSESSMENT; AND APPROVING THE METHOD OF FINANCING THE PROJECTS. The Ordinance was considered and discussed; and thereupon on motion of Councilmember Gary Breault, seconded by Councilmember Ken Lee,the Ordinance was passed by the following roll call vote: Yes: Unanimous No: (Other Proceedings) KMC\601000.043\CID Ordinance Thereupon, the Ordinance having been passed by majority vote of the members of the governing body, it was given No. 516,was directed to be signed by the Mayor and attested by the City Clerk, and to be published one time in the official City newspaper and recorded with the Sedgwick County register of deeds. (Seal) < r City Clerk KMC\601000.043\CID Ordinance (Signature Page to Excerpt of Minutes)