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Home My Public Portal AboutOrd 540 Creating a CIDGILMORE & BELL, P.C. 04/24/2014 (Published in The Ark Valley News on May 8, 2014.) ORDINANCE NO. 540 AN ORDINANCE CREATING A COMMUNITY IMPROVEMENT DISTRICT (ELK CREEK) 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 an Amended and Restated Petition pursuant to K.S.A. 12-6a26 et seq. (the "Act") and adopted Resolution No. R-14-07 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, which will amend, restate and replace community improvement districts established by Ordinance Nos. 524 and 535 of the City (the "Elk Creek Community Improvement District"), the general nature of proposed project within the Elk Creek Community Improvement District (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-14-07 was published twice in The Ark Valley News, the official City newspaper, on April 3, 2014 and April 10, 2014; 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; 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, 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, 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; 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. The Elk Creek Community Improvement District amends, restates and replaces community improvement districts established by Ordinance Nos. 524 and 535 of the City. The legal description of the Elk Creek Community Improvement District is as follows: KMC\601000.051\EIk Creek Amended and Restated CID Ordinance 1 Lots 1-11, Block 1; Lots 1-4, 6-14, 16-19, 22-24, and 28-29, Block 6; Lots 1-4, Block 7; Lot 3,and Lots 5-8, Block 8; Lots 4-8 and 10-14, Block 9; all in the Elk Creek Addition to the City A map of the property contained in the Elk Creek Community Improvement District is set forth on Schedule I attached hereto and incorporated by reference herein. SECTION 2. Authorization of Elk Creek Community Improvement District Project; Estimated Costs. (a) The governing body hereby authorizes the Project within the Elk Creek Community Improvement District, as more fully described below: The general nature of the proposed community improvement district project (the "Project") to be undertaken within the proposed District is as follows: 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 special assessments on lots in the District, payable for fiscal years 2014 and 2015, and the City may fund the portion of the costs of special assessments on lots in the District, in excess of $2,460 annually, payable for fiscal years 2014 through 2026, inclusive. (b) The estimated costs of the proposed Project are: $600,000. SECTION 3. Method of Financing; Protest Period. (a) The costs of the proposed Project are proposed to be financed with "pay-as-you-go financing," 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 finance 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. SECTION 4. Special Assessments There are hereby approved special assessments on property within the boundaries of the Elk Creek Community Improvement District, 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 shall be assessed to the lots in the District, payable in fiscal years 2027 through 2031, inclusive, on the following basis: the special assessment costs funded by the City for a particular lot in the District, as part of the Project, shall be payable by and assessed against that particular lot. 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\601000.051\Elk Creek Amended and Restated CID Ordinance 2 PASSED by the governing body of the City of Bel Aire, Kansas, on May 6, 2014, and APPROVED AND SIGNED by the Mayor. (Seal) ATTEST: CERTIFICATE I hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 540 of the City of Bel Aire, Kansas adopted by the governing body on May 6, 2014, as the same appears of record in my office, and that it was published in TheArk Valley News on May 8, 2014. DATED: May 8, 2014. KMC\601000.051\Elk Creek Amended and Restated CID Ordinance 3 SCHEDULE I MAP OF COMMUNITY IMPROVEMENT DISTRICT FINAL PLAT 1.01 10.11 uCQ S3171.K .Sn S1.a. 144.11 IWAS .RY VICINITY MAP 07 /1. MO ..rr...«n ....._.1..« Pr.. Sec l..l]M.MM... LEGEND AUA n....Rw.•.0 ELK CREEK ADDITION AN ADDITION TO BEL AIRE, SEDGWICK COUNTY, KANSAS IC RESERVE D' 1111,1:...10.11 p. WW II /S 1 / S • +r RESERVED' ', / / / / ,, 1 BENCH MARK$ a+.l«.a.`mw`- .dn.u..v A.A. AAA nmi KMC\601000.051\Elk Creek Amended and Restated CID Ordinance S -I-1 WA Nit r�wit1° amsiirt • Skd751. M. ISO SI.II. VICINITY MAP f.rv1Y •� Mlpy ekV TLwfnS'Jn Ca 101 ILOOI IHID H I , 0140 a.. 1111,4 1144 • 11.18 FINAL PLAT ELK CREEK ADDITION AN ADDITION TO BEL AIRE, SEDGWICK COUNTY, KANSAS DETAIL RESERVE "A" DETAIL RESERVErnt BENCH MARKS o-. • IaNlm..c"1. m..I wlw.00191 P as/I� r®rw.o• rm....w.a.,r...Iro1w 31.11. a.xdw... NOTES •nrolekni 37 241 11 f• clli` ()" I I I Ik I da .... I NV fW1 DETAIL RESERVE "G" LEGEND UST IL 4•61, .o C KMC\601000.051\EIk Creek Amended and Restated CID Ordinance S -I-2