HomeMy Public PortalAboutOrd 523 STAR BondGilmore & Bell, P.C.
03/27/2013
(Published in The Ark Valley News on April 4, 2013)
ORDINANCE NO. 523
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEL AIRE,
KANSAS, ESTABLISHING A STAR BOND PROJECT DISTRICT WITHIN THE
CITY AND MAKING CERTAIN FINDINGS IN CONJUNCTION THEREWITH
WHEREAS, the state of Kansas (the "State") desires to promote, stimulate and develop the general
and economic welfare of the State and its communities and to assist in the development and redevelopment
of eligible areas within a city or county, thereby promoting the general welfare of the citizens of the State,
by authorizing cities and counties to acquire certain property and to issue sales tax and revenue (STAR)
bonds for the financing of STAR bond projects pursuant to the provisions of K.S.A. 12-17,160 et seq., as
amended (the "Act"); and
WHEREAS, pursuant to the Act, the City of Bel Aire, Kansas (the "City") is authorized to
establish STAR bond project districts within eligible areas of the City, as said terms are defined in the Act,
to approve STAR bond project district plans for the completion of STAR bond projects within such STAR
bond project district, and to finance STAR bond project costs from the incremental increase in state and
local sales revenues derived from the STAR bond project district, other revenues described in the Act, or a
combination thereof or from the proceeds of special obligation tax increment bonds of the City payable from
such described revenues; and
WHEREAS, prior to the creation of any STAR bond project district the governing body of the City
must adopt a resolution stating that the City is considering the establishing of a STAR bond project district,
which resolution shall: (1) Give notice that a public hearing will be held to consider the establishment of a
STAR bond project district and fix the date, hour and place of such public hearing, (2) describe the
proposed boundaries of the STAR bond project district, (3) describe the proposed STAR bond project
district plan, (4) state that a description and map of the proposed STAR bond project district are available
for inspection at a time and place designated, and (5) state that the governing body will consider findings
necessary for the establishment of a STAR bond project district; and
WHEREAS, notice of such public hearing shall be given by mailing a copy of the resolution
calling the public hearing via certified mail, return receipt requested, to the board of county
commissioners of the county, the board of education of any school district levying taxes on property
within the proposed STAR bond project district, and to each owner and occupant of land within the
proposed STAR bond project district not more than 10 days following the date of the adoption of such
resolution and by publishing a copy of such resolution once in the official City newspaper not less than
one week or more than two weeks preceding the date fixed for the public hearing, which publication shall
include a sketch clearly delineating the area in sufficient detail to advise the reader of the particular land
proposed to be included within the STAR bond project area; and
WHEREAS, upon the conclusion of such public hearing and a finding by the Secretary of
Commerce that the STAR bond project district is an "eligible area" under the Act, the governing body
may pass an ordinance which shall: (1) make findings that the STAR bond project district proposed to be
developed is a STAR bond project under the Act, (2) contain the STAR bond project district plan as
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approved, (3) contain the legal description of the STAR bond project district, and (4) may establish the
STAR bond project district; and
WHEREAS, no privately owned property subject to ad valorem taxes shall be acquired and
redeveloped under the provisions of the Act, if the board of county commissioners or the board of
education levying taxes on such property determines by resolution adopted within 30 days following the
conclusion of the hearing for the establishment of the STAR bond project district that the proposed STAR
bond project district will have an adverse effect on such county or school district; and
WHEREAS, upon the creation of a STAR bond project district pursuant to the Act, the City may
propose to undertake one or more STAR bond projects and shall prepare a STAR bond project plan, which
may be implemented in separate development stages, in consultation with the City's planning commission;
and
WHEREAS, the City Council has heretofore adopted Resolution No. R-13-02 on February 19,
2013, as amended March 19, 2013, which made a finding that the City is considering the establishment of a
STAR bond project district pursuant to the Act, set forth the boundaries of the proposed STAR bond project
district, provided a summary of the proposed STAR bond project district plan, called a public hearing
concerning the establishment of a STAR bond project district for March 5, 2013, and for April 2, 2013, and
provided for notice of such public hearings as provided in the Act; and
WHEREAS, on March 7, 2013, the Secretary of Commerce made a finding that the proposed
STAR bond project district is an "eligible area" under the Act; and
WHEREAS, a public hearing was held this date, after due published, delivered and mailed notice
in accordance with the provisions of the Act; and
WHEREAS, upon and considering the information and public comments received at the public
hearing conducted this date, the City Council hereby deems it advisable to make certain findings and to
create the STAR bond project district.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BEL AIRE, KANSAS:
Section 1. Findings. The City Council hereby finds that due notice of the public hearing
conducted this date was made in accordance with the provisions of the Act. The City Council further finds
that the proposed STAR bond project district is a STAR bond project as defined in the Act.
Section 2. Creation of STAR bond project district. A STAR bond project district is hereby
created within the City in accordance with the provisions of the Act (the "STAR Bond Project District").
The STAR Bond Project District is comprised generally of the following area located within the City:
approximately 540 acres of currently undeveloped ground generally located along the east side of Rock
Road, from its intersection with K-254 Highway, extending south approximately 1/2 mile and east
approximately 3/4 mile; along the east side of Rock Road, extending from / mile south of K-254 Highway to
approximately 1/8 mile south of 53rd Street North and east approximately I/4 mile; along the west side of
Webb Road, from its intersection with 53rd Street North, extending north approximately 1/2 mile and west 1/2
mile; along the east side of Rock Road, extending from 1/4 mile south of 53rd Street North to approximately
'h mile south of 53rd Street North and east approximately 1/2 mile; and along the west side of Rock Road,
from its intersection with 53rd Street North, extending south approximately 1/2 mile and along the south side
of 53rd Street North, from its intersection with Rock Road, extending west approximately V2 mile, including
generally the property that is northwest, north, northeast, ease and southeast of City Hall, all in the City.
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A map depicting the boundaries of the STAR Bond Project District is attached hereto as Exhibit
A, which is incorporated herein by reference and legally described on Exhibit B. The boundaries of the
STAR Bond Project District do not contain any property not referenced in Resolution No. R-13-02, as
amended, which provided notice of the public hearing on the creation of the STAR Bond Project District.
Section 3. STAR Bond Project District Plan. The proposed district plan for the STAR
Bond Project District (the "District Plan") is hereby approved. The District Plan provides for a single STAR
bond project within the STAR Bond Project District. The buildings and facilities to be constructed or
improved in the STAR Bond Project District are described in a general manner as follows: A mixed -use
development, with some or all of the following uses --major commercial entertainment and tourism area,
including a major multi -sport athletic complex; retail uses; restaurant uses; other general commercial
development; hotel and hospitality uses; residential uses; and associated public and private infrastructure.
The STAR Bond Project District may consist of multiple STAR bond project areas as delineated in one or
more STAR bond project plans to be approved for property within the STAR Bond Project District.
Section 4. Approval of Other Governmental Units. No privately owned property subject to
ad valorem taxation within the STAR Bond Project District shall be acquired and redeveloped pursuant to
the Act, if the Board of County Commissioners of Sedgwick County, Kansas, or the Board of Education of
Unified School District No. 259, or the Board of Education of Unified School District No. 375, determines
by resolution adopted within thirty days following the public hearing held this date, that the STAR Bond
Project District will have an adverse effect on Sedgwick County, or Unified School District No. 259, or
Unified School District No. 375, respectively. As of this date, the City has not received a copy of any such
resolution and is not aware of the adoption of any such resolution by the governing body of Sedgwick
County or Unified School District No. 259 or Unified School District No. 375.
Section 5. Reimbursement. The Act authorizes the City to issue special obligation bonds
(the "Bonds") to finance all or a portion of the costs of implementing the District Plan. The Bonds may be
issued to reimburse expenditures made on or after the date which is 60 days before the date of passage of
this Ordinance, pursuant to Treasury Regulation § 1.150-2. The maximum principal amount of Bonds that
would be issued to reimburse for expenditures made prior to the issuance of the Bonds is limited to
$500,000.
Section 6. Further Action. The Mayor, City Manager, Acting City Clerk and other officials
and employees of the City, including the City Attorney, City consultants, and Gilmore & Bell, P.C., Bond
Counsel, are hereby further authorized and directed to take such other actions as may be appropriate or
desirable to accomplish the purposes of this Ordinance.
Section 7. Effective Date. This Ordinance shall be effective upon its passage by the City
Council and publication one time in the official City newspaper.
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PASSED by the City Council of the City of Bel Aire, Kansas on April 2, 2013, and APPROVED
AND SIGNED by the Mayor.
[SEAL]
of
Mayor
Attest:
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(Signature Page to Ordinance)
EXHIBIT A
MAP OF STAR BOND PROJECT DISTRICT
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EXHIBIT B
LEGAL DESCRIPTION OF STAR BOND PROJECT DISTRICT
STAR BOND PROJECT DISTRICT AREA LEGAL DESCRIPTION:
Beginning at the northwest corner of Section 17, Township 26 South, Range 2 East of the 6t" P.M., Sedgwick
County, Kansas;
Thence east, along the north line of said Section 17 to the northeast corner of the west lh of the northeast
quarter of said Section 17;
Thence south, along the east line of the west ih of the northeast quarter of said Section 17 to the southeast
corner of the west '/a of the northeast quarter of said Section 17;
Thence east, along the south line of the northeast quarter of said Section 17 to the west right of way line of
Webb Road;
Thence south along said west right of way line of Webb Road to a point lying 300 feet north of the south line
of said Section 17;
Thence east to the east right of way line of Webb Road;
Thence south to a point of intersection with the north right of way line of 53rd Street North;
Thence east along said north right of way line of 53rd Street North to a point lying 300 feet east of the east line
of Section 17;
Thence south to the south right of way line of 53rd Street North;
Thence west along the said south right of way line of 53rd Street North to a point of intersection with the east
right of way line of Webb Road;
Thence west to the west right of way line of Webb Road;
Thence north along the west right of way line of Webb Road to a point of intersection with the south right of
way line of 53rd Street North;
Thence west along the south right of way line of 53rd Street North to a point of intersection with the west line
extended of the southeast quarter of Section 17;
Thence north along the west line of said southeast quarter of Section 17 to the northwest corner of said
Section 17, said northwest corner also being the northeast corner of the southwest quarter in said Section 17;
Thence west, along the north line of said southwest quarter of said Section 17 to a point 943.34 feet east of
the northwest corner of the southwest quarter of said Section 17;
Thence south, to a point on the south line of said southwest quarter of said Section 17, being 943.39 feet east
of the southwest corner of the southwest quarter of said Section 17;
Thence continuing south to a point on the south right-of-way line of the 53rd Street North, said point being
943.39 feet east of the west line and 60 feet south of the north line of northwest quarter of Section 20,
Township 26 South, Range 2 East of the 6th P.M., Sedgwick County, Kansas;
Thence west, along said south right-of-way line of 53rd Street North to the northeast corner of Lot 25, Block
6, Rock Spring, an Addition to Bel Aire, Sedgwick County, Kansas;
Thence southeasterly, southerly and southwesterly, along the east line of said Lot 25 to the southeast corner of
said Lot 25;
Thence west, along the south line of said Lot 25 and as extend to the westerly most east right of way line of
Rock Road;
Thence south, along the east right-of-way line of said Rock Road to the north line of the south half of the
northwest quarter of said Section 20;
Thence east, along the north line of the south half of the northwest quarter of said Section 20 to the northeast
corner of the south half of the northwest quarter of said Section 20;
Thence south, along the east line of the south half of the northwest quarter of said Section 20 to the southeast
corner of the south half of the northwest quarter of said Section 20;
Thence west, along the south line of the south half of the northwest quarter of said Section 20 to the east right
of way line of Rock Road;
Thence south, along the east right-of-way line of Rock Road to a point 392.86 feet south of the north line of
the southwest quarter of said Section 20;
Thence west to a point on the west right-of-way line of Rock Road, said point being the southeast corner of
Reserve H, in Elk Creek Addition, an Addition to Bel Aire, Sedgwick County, Kansas;
Thence west, along the south line of said Reserve H to the southwest corner of said Reserve H;
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Thence north along the west line of said Reserve H to a point of intersection with the northerly most east
corner of Lot 10, Block 9, in said Elk Creek Addition;
Thence northwesterly along the northerly line of said Block 9 to the northern most corner of Lot 1, Block 9 in
said Elk Creek Addition, said northern most corner of Lot 1, Block 9 lying on the southeasterly right-of-way
line of Prestwick Avenue as platted in Central Park Addition, Bel Aire, Sedgwick County, Kansas;
Thence northwesterly to the southerly most corner of Lot 6, Block E, Central Park 4th Addition, said
southerly most corner being on the northwesterly right-of-way line of said Prestwick Avenue;
Thence northeasterly along the northwesterly right-of-way line of said Prestwick Avenue to the southerly
corner of Lot 1, Block 18 in said Central Park Addition;
Thence continuing northeasterly, along the northwesterly line of said Prestwick Avenue to a point of curvature
of a curve to the left in said Prestwick right-of-way;
Thence continuing northeasterly and northwesterly, along said curve to the left to the point of tangent of said
curve, said point being on the southwesterly right-of-way line of Central Park Avenue as platted in said
Central Park Addition;
Thence northwesterly, along said Central Park Avenue right-of-way to the point of curvature of a curve to the
left in said right of way;
Thence continuing northwesterly and southwesterly, along, said curve to the left to a point of tangency;
Thence continuing southwesterly, along said Central Park Avenue right-of-way line to the northwesterly most
corner of Lot 1, Block 12 in said Central Park Addition;
Thence northwesterly to the southeasterly most corner of Reserve C as platted in Central Park 3rd Addition,
Bel Aire, Sedgwick County, Kansas, said southeasterly corner being on the northwesterly right-of-way line
for said Central Park Avenue;
Thence northwesterly, westerly and southwesterly along the northerly line of said Reserve C to the westerly
most northwest corner of said Reserve C, said point also being the southwest corner of Lot 8, Block A, in
said Central Park 3rd Addition;
Thence north, along the west line of said Lot 8, Block A to the northwest corner of said Lot 8, said point
being on the southerly right-of-way line of Hampton Street as platted in said Central Park 3rd Addition;
Thence north to the southwest corner of Lot 18, Block C, in said Central Park 3rd Addition, said southwest
corner also being the southeast corner of Reserve B in said Central Park 3rd Addition and on the northerly
right-of-way line of said Hampton Street;
Thence north, along the east line of said Reserve B to the northeast corner of said Reserve B said point being
on the south right-of-way line of Pleasant Ridge St as platted in said Central Park 3rd Addition;
Thence north to the southeast corner of Reserve A as platted in said Central Park 3rd Addition and being on
the north right-of-way line of said Pleasant Ridge Street;
Thence north, along the east line of said Reserve A to the northeast corner of said Reserve A, said northeast
corner being on the south right-of-way line of 53rd Street North;
Thence north to the north right of way line of said 53rd Street North;
Thence east, along the north line of said 53rd Street North to the west right-of-way line of Rock Road;
Thence north, along the west right-of-way line of Rock Road to the south right-of-way line of K-254
Highway;
Thence continuing north to the north line of the northeast quarter of Section 18, Township 26 South, Range 2
East of the 6th P.M., Sedgwick County, Kansas;
Thence east, along the north line of the northeast quarter of said Section 18 to the northeast corner of the
northeast quarter of said Section 18 and the point of beginning.
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