HomeMy Public PortalAboutOrd 534 Creating a CIDGILMORE & BELL, P.C..
12/30/2013
(Published in The Ark Valley News on January 9, 2014.)
ORDINANCE NO. 534
AN ORDINANCE CREATING A COMMUNITY IMPROVEMENT DISTRICT
(BUZZI UNICEM PROJECTS) 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-13-48 of
the City, containing the time and place of a public hearing on the advisability of creating a community
improvement district in the City (the "Buzzi Unicem Community Improvement District"), the general nature
of proposed Projects within the Buzzi Unicem 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-13-48 was published twice in The Ark Valley News, the official
City newspaper, on December 19, 2013 and December 26, 2013; and
WHEREAS, the governing body has on the date of this Ordinance conducted a public hearing on
advisability of creating the Buzzi Unicem Community Improvement District; and
WHEREAS, the governing body hereby fmds and determines it to be advisable to adopt this
Ordinance to create the Buzzi Unicem Community Improvement District, authorize the Projects therein,
approve the estimated costs of such Projects, contain the legal description and map of the boundaries of the
Buzzi Unicem Community Improvement District, approve the maximum amount and method of assessment
for the Projects and approve the method of financing the Projects, all in accordance with the provisions of
the Act.
THEREFORE, BE IT ORDAINED BY THE GOVERNING DY OF THE CITY OF EL
AIRE, KANSAS:
SECTION 1. Creation o1° ,:=uzzi Unicem Community Improvement 1l.istriet; 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 Buzzi Unicem Community Improvement District. The legal description of the
Buzzi Unicem Community Improvement District is as follows:
Lot 9, Block C; in the Sunflower Commerce Park Addition to the City of Bel Aire, Kansas.
A map of the property contained in the Buzzi Unicem Community Improvement District is set forth on
Schedule I attached hereto and incorporated by reference herein.
KMC\601000.0591CID Ordinance--Buzzi Unicem 1
SECTION 2. Authorization of Buzzi Unicem Community Improvement District Projects;
Estimated Costs.
(a) The governing body hereby authorizes the Projects within the Buzzi Unicem Community
Improvement District, as more fully described below:
(i) Construct rail siding improvements; and
(ii) Water main improvements.
(b) The estimated costs of the proposed Projects are:
(i) With respect to the rail siding improvements, $1,300,000, 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 water main improvements, $200,000, 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; No Sales Tax.
(a) The costs of the proposed rail siding portion of the Projects are proposed to be financed by
grants in the approximate amount of $566,000, a Kansas Department of Transportation loan in the
approximate amount of $418,000 and full faith and credit general obligation bonds of the City in the
approximate amount of $316,000, as referenced in K.S.A. 12-6a36. The costs of the proposed water
main portion of the Projects are proposed to be financed by full faith and credit general obligation bonds of
the City in the approximate amount of $200,000, 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 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 Buzzi Unicem Community Improvement District.
SECTION 4. Special Assessments
There are hereby approved special assessments on property within the boundaries of the Buzzi
Unicem 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 rail siding improvements, the costs of such improvements to be
fmanced by loan and by general obligation bonds, estimated to be $810,000, shall be assessed to Lot 9,
Block C, Block C; in the Sunflower Commerce Park Addition to the City of Bel Aire, Kansas, and the
balance of costs are to be paid by the City -at -large.
(b) With respect to the water main improvements, 100% of the costs of such improvements,
shall be assessed to Lot 9, Block C; in the Sunflower Commerce Park Addition to the City of Bel Aire,
Kansas.
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.
KMC\601000.059\CID Ordinance--Buzzi Unicem
2
PASSED by the governing body of the City of Bel Aire, Kansas, on January 7, 2014, and
APPROVED AND SIGNED by the Mayor.
(Seal)
AT VEST:
CERTIFICATE
I hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 534 of the
City of Bel Aire, Kansas adopted by the governing body on January 7, 2014, as the same appears of record
in my office, and that it was published in TheArk Valley News on January 9, 2014.
DATED: January 7, 2014.
KMC\601000.059\CID Ordinance--Buzzi Unicem
3
SCHEDULE I
MAP OF COMMUNITY IMPROVEMENT DISTRICT
SU1
a.,(NER COMMERCE PA.RK
7, 4
KMC\601000.059\CID Ordinance--Bnzzi Unicem
r
S -I-1