HomeMy Public PortalAboutOrd 524 Creating a CIDGILMORE & BELL, P.C.
07/31/2013
(Published in The Ark Valley News on August 8, 2013.)
ORDINANCE NO. 524
AN ORDINANCE CREATING A COMMUNITY IMPROVEMENT DISTRICT
(ELK CREEK ADDITION) 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-13-23 of
the City, containing the time and place of a public hearing on the advisability of creating a community
improvement district in Elk Creek Addition in the City (the "Elk Creek Community Improvement District
2013"), the general nature of proposed project within the Elk Creek Community Improvement District 2013
(the "Project"), the estimated costs of the Project, the proposed method of financing the Project, the
proposed amount and method of assessment, if any, and a map and legal description of the proposed
District; and
WHEREAS, Resolution No. R-13-23 was published twice in The Ark Valley News, the official
City newspaper, on July 4, 2013 and July 11, 2013; and
WHEREAS, the governing body has on the date of this Ordinance conducted a public hearing on
advisability of creating the Elk Creek Community Improvement District 2013; and
WHEREAS, the governing body hereby finds and determines it to be advisable to adopt this
Ordinance to create the Elk Creek Community Improvement District 2013, authorize the Project therein,
approve the estimated costs of such Project, contain the legal description and map of the boundaries of the
Elk Creek Community Improvement District 2013, approve the maximum amount and method of
assessment for the Project and approve the method of financing the Project, 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 Elk Creek Community Improvement District 2013; 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 Elk Creek Community Improvement District 2013. The legal description of
the Elk Creek Community Improvement District 2013 is as follows:
Lots 1 — 11, Block 1; Lots 6 — 14, Block 2; Lots 16 — 19, Block 6; Lots 22-24, Block 6;
Lots 28-29, Block 6; Lots 1 — 4, Block 7; Lot 3, Block 8; Lots 5 — 8, Block 8; Lots 4 — 8,
Block 9; and Lots 10 - 14, Block 9; all in the Elk Creek Addition to the City of Bel Aire,
Sedgwick County, Kansas.
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A map of the property contained in the Elk Creek Community Improvement District 2013 is set
forth on Schedule I attached hereto and incorporated by reference herein.
SECTION 2. Authorization of Elk Creek Community Improvement District 2013 Project;
Estimated Costs.
(a) The governing body hereby authorizes the Project within the Elk Creek Community
Improvement District 2013, as more fully described below:
to fund and support business activity and economic development, including development
and retention and the recruitment of developers and business. Specifically, the Project will
involve an incentive that the City has, or will agree, to provide, pursuant to which the City
will fund the costs of certain special assessments in the District payable for fiscal years
2014 and 2015.
(b) The estimated costs of the proposed Project are: $280,000.
SECTION 3. Method of Financing; Protest Period.
(a) The costs of the proposed Project are proposed to be financed with "pay-as-you-go
fmancing," as defined in K.S.A. 12-6a27, or by full faith and credit general obligation bonds of the City, 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 faith and credit bond shall be issued by the City to fmance
the Project 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 Elk Creek Community Improvement District 2013.
SECTION 4. Special Assessments
There are hereby approved special assessments on property within the boundaries of the Elk Creek
Community Improvement District 2013, with the properties to be assessed, maximum amount, method of
assessment and apportionment of cost for such Project approved to be as follows:
100% of the costs of the Project, in a maximum amount of $280,000, plus interest on such assessed
amount at such rate as the governing body determines, not to exceed the maximum rate of interest
prescribed by K.S.A. 1'0-1009, and amendments thereto, shall be assessed to the lots in the District, on an
equally per lot basis.
SECTION 5e 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.
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PASSED by the governing body of the City of Bel Aire, Kansas, on August 6, 2013, and
APPROVED AND SIGNED by the Mayor.
(Seal)
ATTEST:
CERTIFICATE
Mayor
I hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 524 of the
City of Bel Aire, Kansas adopted by the governing body on August 6, 2013, as the same appears of record
in my office, and that it was published in TheArk Valley News on August 8, 2013.
DATED: August 8, 2013.
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SCHEDULE I
MAP OF CO1VINIUNITY IMPROVEMENT DISTRICT
KMC\601000.051 \Elk Creek CID Ordinance
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SCHEDULE I
MAP OF PROP SE
'i1C>iTY MAP
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COMMUNITY IMPROVEMENT DIST':ICT
ELK CREEK ADDITION
AN A€1oI11r1N to 3E1.-RIRE, SE€JGViICK CCHMI Y, KAN5A5
KMC\601000.0511Elk Creek CID Intent Resolution
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KMC\601000.051 \Elk Creek CID Intent Resolution
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