12-10665Publisher's Affidavit
I. Christy Fink . being duly sworn
declare that I am a i.egal Coordinator
of THE SALINA JOURNAL, a daily newspaper
published at Salina, Saline County, Kansas, and of
general circulation in said county, which newspaper
has been admitted to the mails as second class matter in
said county, and continuously and uninterruptedly
published for five consecutive years prior to first
publication of attached notice, and that the
Ordinance 12 -10665 Notice has
been correctly published in the entire issue of said
newspaper one time, publication being given in the issue
of November 24, 2012
Subscribed and sworn to before me, this (i
day of N ( A.D. 20
Notary-Public
Printer's Fee $799.50
FAN I Mr,,E..L��ISCS,.A. WINDHOLZ
Iam My anutputtes
�—u
(Published in the
E men s rct —y
1
Salim'(Journal
Included businesses: All
November 24 20121
businesses located be
ORDINANCE tJDMB R
1 ' Ash Street and
12- }g665
South
-' South Street not included
AN ORI NCE LEVY-
within Santa Fe
ING SALINA BUSINESS
ase P business
;IMPROVEMENT._ DIS
I ($127.92__,,.,^ _,Fe an
' WHEREAS, the Advisory
Board of the Salina Busi-
ness Improvement District I
I No. 1 has recommended a
program of services and
submitted a proposed
budget for the calendar I
year 2013; and,
WHEREAS, it is neces-
sary that the Governing j
Body, by ordinance, levy
the business improvement I
district service fees which
shall be applicable only to
businesses located within
the Salina Business Im
provement District No. 1
as established by Ortli
:D by the
c;the
mass:
purposes
the lot
all be de-
iitional workers
1.32 per worker
xedum tee per busi -
is: 2 to 10 workers
16.00
to 50 workers - $853.00
or more workers
M.. The annual BID,
service fee under this
ordinance for each
apartment building shall
be the base service fee
for the district in which l
the apartment building is
located.
h. p��Il l of
maximum f b '-
ness. In the case of a
single- business located
jn mae than one dis
ricL the highest maxi
mum annual BID service
fee for a district in which
the business is partially
ated
loc shall apply.
Section 4. Each busi-
ness located within the
Business Improvement
morirf shall he. renuved
1 tween Elm Street and Ash
vided-by the BID. Regis -
Street and between South
tration forms shall provide
Street and Prescott Street. !
sufficient information to
Base fee per business:
identify and contact the
$85.28
Plus fee per worker based ;
business and shall include
Upon total workers:
business name, location
address, mailing address,,
workers 2 through 10 -I
ification number,'
$27.71 per worker i
owner name,
Additional workers -'
e number, and
$14.92 per worker
In the event of a
Lownere.0snihe
Maximum fee per busi -'
mass: 2 t 10 workers - I
ble part y for the
other than the
$279.00
11 to 50 workers - $578.00 '
responsible"
name, address and '
50 or more workers
party's
telephone number shall !
- $876.00
3. For
also be included.
Section purposes
y be
tional information may be
"A art - t b ildimY'
"those i
of this annual BID service
fee ordinance:
required.if necessary for
shall mean
buildings in which are
I
efficient administration.
Renewal registration shall
located more than
three residential units
son A property
owned or used exclu
be required only in. the
event of a change in own-
for rent"
b. Business' shall
sively for state, county,
municipal, literary, edu-
ership or responsible par -
ties; however, substantive
mean "a fined place of
cational, scientific, rell -
9
ions, benevolent and
information changes shall ,
business where one
or more parsons are
l
charitable purposes
P P
be excluded from
Section 5. An adminis-
bSectio 5. y
em to etl or engaged
p y
shall ,
'denative Interpretations or
purchase, a
in the urohase, Sale,
provision or manufac-
P
provisions in ns of this ce
in accordance
toward the ohs necessary
toward me fair and
luring t commodities,
products services.
with State law.
with State
b. A r -
is ordi-
nonce shall be made by
he application of thise by
a vacant
the base service fee for
fat dwelling exc
the district in which the t
The ownership of real
rs
estate which is unoc-
llin S
Residential dwellings, I
accessory to and to
the City Manager.
Section 6. All annual
cupred and which is
investment
Gated above or
IRID service fees collected
held for
for sale of
,below
the ground floor of an i
pursuant to this ordinance
Ishall for
urposes,
Pease, shall be consid-
other principal use shall i
be expended the
services outlined in the
erect a business.
c. Services' shall mean
be excluded from the
provisions of this oral %
Recommended '.Program
of Services and according
"governmental func
nance.
C. ula on f n m-
Cr
to the budget for 2012 as
ions, programs, he
b wor e e
I
recommended by the BID
tivities, facilities im
provement. antl other
number of workers of a
Advisory BOard.
,Section 7. Any busi -
services which a cif Y
is authorized to per
business shall be deter -
mined by dividing the to-
ness subject to an annual
BID sery ice fee levied pur-
formor provide."
p
i tal number of worker
sb to Section 1 will be
d. 'lperson'sh mean I
j hours per week 1,
1, 2roun by
11.
billed in full on January 1
o
' "a person who works
January y
and the annual BID serv-
predominately at the
1 forty hours and rounding
to he nearest whole
ice fee shalt be due and 1
site of a business lo-
Gated within the busk I
; number.
payable on the following
February 1 of each year;
ness improvement
district for compensa-
d. Vacant buildings.
The annual BID service
tion by the business
fee for a vacant building
as an owner or
n
in the em layme or
I
worker, but not as an
independent contrac- i
hospital /mit district shall
be calculated as if the
tor." I
I building is occupied, but
1 Section 2. Effective
' with no workers. 'The
January 1, 2013, there is ,
service fee far a vacant
hereby levied and as
,buildingp in the Santa Fe
sessed against all bus, I
districf shall be the
nesses located within the
same as if the building
Salina Business ;improve-
i is occupied.
ment District No. ie(the
e. Va nt lots. The
` 'BID ") an annual busimiss j
annua D service fee I
for lot shall be
improvement district eP-rv- t
ice fee on each business
a vacant
the base service fee for
located within Salina Busi-
the district in which the t
l mesa I — ovement DistrictA
vacant lot is located.
I
No 1 ( "annual BID service
1 E %g to The
j
fee") according to the fol-
annual BID- service fee
lnwmn scale I
for a parking lot in which
Ground -floor businesses
addressed, on Santa Fe
and with front footage ;>
abutting Santa Fe Avenue;,' `y,
between Ash Street and (;
Mulberry Street.
Base fee per business: f
$213.21 �tf
Plus fronfage rate: $8.52'
per front footage abutting
Santa Fe Avenue.
Combined mairimum'fee.) �?
or rented for a
shall be the base
fee for the this ;
which the ciaronq,
is
Is I
`�if any quarterly or
monthly installment re-
iimains unpaid sixty (60)
'days following the due
`,.date of the installment, the
'full balance of the annual
BID service fee for that
business shall be immetli-
ately due and payable and
the business shall lose the
in installments for the re-
mainder of the current
year and for the following
year. (the "disqualification
period ") If the business is
current in payments of all i
Fannual BID service'
fees and any applicable fi-
nance charges at the
close of the disquahfica
tion period, the business
may again elect to pay the
annual BID service fee in
the applicable number of
installments.
Section 8. That if a
business ceases opera.)
Jon within the BID and is
delinquent in the payment I
of its BID service fee, the
business shall be drill'
gated to pay the daily pro-
rated share of its annual
BID service fee for any
days .during .which the
business operated within l
the BID. The owner of the
property in which the busi-
ness was located shall
then be assessed for a
daily prorated share of the
annual BID service fee,,
until a new business occu-
pies the property. The
new business shall then
be assessed upon the
j same daily prorated basis
for the balance of the
year. In no case shall the
same BID service fee be
charged to both a tenant
business and a property
owner.
Section 9. That if a
business moves from the
BID after paying a Service
fee, the business may re-
quest a refund for the
no
the
If
ceases operation
the BID on April
a re-
'plied times the 66 days re-
training in the second
Iqua . Any request for
a refund under this section
must be filed no later than-f
30 days after the request- I
ing business ceases op-
eraVOn within the BID.
Section 10. That the an-
nual BID service fees lev-
ied by this ordinance shall
be enforced in the follow -
ing manner:
a. The amount of any
delinquent BID sery
ice fee shall constitute
a debt due to the Ci(y.
,r r b. At the direction. of the
City Manager or the
City Manager's desig-
F nee, the City Attorney
or- another - attorney
purpose snap msnnre
acivil suit in the Be
line County District
` Court in the name of
the City to recover
any such unpaid BID
service fee and late
fees. When appropri- '
ale, the City MManager
or the City Manager's
designee may. institute
a small claims action
to recover any unpaid
BID service fee and fi-
nance charges. Any I
legal fees or costs as -
sociated with such
civil actions shall be
Charged to the BIDA
Fund either directly, or
through the Salina .�
Downtown, Inc.
budget.
c. The City. Manager
may contract with -'
collection agency for
collection of elin
quent BID service
fees.
d. The City Manager is
authorized to file un
der the State Seaside
program for debt col-
lection.
e. No civil judgment
shall bar or prevent a t
criminal prosecution
for each and every
violation of this ordi }
nance.
Section 11. That any
person convicted of violat-
'ling this ordinance shall be I
ifined an amount no
.greater than $500.
Section 12. That Ordi-
nance Number 11=10623
Is hereby repealed. i
Section 13. That this or- Ij
dinance shall be in full
force and effect from and ll
I otter its adoption antl pub -
I lication once in the official
city newspaper.
Introduced:
November 5, 2012. i
Passed:
November,l9, 2012 1
Norman Jennings, I
Mayor
(SEAL)
A TEST:
ILieu Ann Elsey, City Clerk)
1 $ if
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