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06-10361 Affidavit of Publication Following is a true and correct copy of Ordinance No.06-10361 (Published In The Salina Maximum fee per business: together with proof of publication of the same. Journal November 18,2006) 2 to'10 workers-$400.00 ORDINANCE NUMBER 11 to 50 workers- 06-10361 $800.00 AN ORDINANCE LEVY- 50 or more worker- ING SALINA BUSINESS IM- $1,200.00 AFFIDAVIT PROVEMENT DISTRICT Hospital/Mill District NO.1 SERVICE FEES FOR Included Businesses: 2007 IN ACCORDANCE All businesses located WITH K.S.A. 12-1791, AND between Elm Street and I, Nicole Veatch ,being REPEALING ORDINANCE Ash Street and between NUMBER 05-10311. South Street and Pre- WHEREAS, the Advisory scoff Street. duly sworn,declare that I am the Classified Board of the Salina Business Bas$8feee per business: Improvement District No. 1 Plus fee per worker based has recommended a pro- Upon total workers: Coordinator of THE SALINA JOURNAL,a daily news- gram of services and submit- workers 2 through 10- ted a proposed budget for $26.00 per worker the calendar year 2007;and, Additional workers- paper published at Salina,Saline County,Kansas,and WHEREAS, it is necessa- $14.00 per worker ry that the Governing Body, Maximum fee per business: by ordinance, levy the busi- 2 to 10 workers-$262.00 of general circulation in said county,which newspaper ness improvement district service fees which shall be 11 to 50 workers applicable only to business- $542.00 es located within the Salina 50 or more workers- has been continuously and uninterruptedly published Business Improvement Dis- $822.00 trict No. 1 as established by Section 3. For purposes Ordinance Number 83-8979; of this annual BID service for five consecutive years prior to first publication of at- fee ordinance: y p I� SO NOW,THEREFORE a. State law exclusion. BE IT ORDAINED by the All property owned or tacked notice,and that the attached of Salina,Kansas:of the City used exclusively for of Salina,Kansas: state, county, municipal, Section 1. For purposes literary, educational, sci- of this ordinance the follow- literary,religious,benevo- lent No. 06-10361 ing terms shall be defined as lent and religious,be pur- stated: poses shall be excluded a. 'Apartment building" from the provisions of has been correctly published in said newspaper 1 shall mean"those build- this ordinance in accord- ings in which are located ance with State law. more than three residen- b. Accessory residential times, the first publication given in tial units for rent" dwelling exclusion.Resi- b. "Business"shall mean dential dwellings,acces- "a fixed place of busi- spry to and located the issue of November 18 2006. Hess where one or more above or below the persons are employed or ground floor of another ! engaged in the pur- principal use shall be ax- c�/ �� sale,p chase,salerovision or 4j elude d from the provi- UUU��� tIQaf\\\ manufacturing of cum- sions of this ordinance. modifies, products or c.Calculation of number services. The ownership of workers. The number of real estate which is of workers of a business Subscribed and sworn to before me, this `-2 ") unoccupied and which is shall be determined by IV) 64-//� held for investment pur- dividing the total number day of 6-0/ poses,for sale or lease, of worker hours per y (, A.D.A.)]. 2006 shall be considered a week as of January 1, business. 2007,by forty hours and c. "Services"shall mean rounding to the nearest "governmental functions, whole number. programs, activities, fa- d.Vacant buildings.The _ 1_. I i_ cilities improvements Notary Public and other services which annual BID service fee a city is authorized to for a vacant building in perform or provide." the employment or hos- d. "Worker"shall mean "a pital/mill district shall be person who works predomi- calculated as if the build- nately at the site of a busi- ing is occupied,but with ness located within the busi- no workers. The service ness improvement district for fee for a vacant building compensation by the busi- in the Santa Fe district ness as an owner or worker, shall be the same as if but not as an independent the building is occupied. contractor" e. Vacant lots. The an- contractor." Stale 0i Kansas Section 2. Effective Janu- nual BID service fee for PUBLIC' a vacant lot shall be the = HROBAK ary 1, 2007,there is hereby base service fee for the WrNDYC �� levied and assessed against district in which the va- � ply ADO,Exp Si ------ all businesses located within cant lot is located. the Salina Business Im- f. Parking lots. The an- -�"" `-'^ �~ provement District No.1 (the "BID") an annual business nual BID service fee for improvement district service a parking lot in which fee on each business locat- parking spaces are ed within Salina Business leased or rented for a Improvement District No. 1 charge shall be the base ("annual BID service fee") service fee for the dis- according to the following trict in which the parking scale: lot is located.No service Santa Fe District fee shall be assessed for Included businesses: a parking lot which is ac- Ground-floor businesses cessory to a business addressed on Santa Fe and in which no parking and with front footage spaces are leased or abutting Santa Fe Ave- rented for a charge. nue between Ash Street g. Apartment buildings. and Mulberry Street. The annual BID service Base fee per business: fee under this ordinance $200.00 for each apartment Plus frontage rate: building shall be the $8.00 per front footage base service fee for the abutting Santa Fe Ave- district in which the Hue. apartment building is lo- Combined maximum fee Per sated. business: h. Application of maxi- $1,200.00 mum fee Der business. Employment District In the case of a single Included businesses: business located in more All businesses located than one district, the between Ash Street and highest maximum annu- South Street not includ- al BID service fee for a ed within Santa Fe Dis• district in which the busi- trict. ness is partially located Base fee per business: shall apply. $120.00 Section 4. Each business Plus fee per worker based located within the Business Upon total workers: Improvement District shall be worker 2 through 10- required to register on forms $40.00 per worker provided by the BID. Regis-, tration forms shall provide additional workers-r sufficient information to iden- $20.00 per worker tify and contact the business 1 end shy include business request a refund of its arinu-'. name, irdtation address, I al service fee divided by 365, mailing address,tax identifi- I multiplied times the 66 days cation number, business remaining in the second owner name, telephone quarter). Any request for a number,and address. In the refund under this section event of a responsible party must be filed no later than 30 for the business other than days after the requesting the owner, the responsible business ceases operation party's name, address and within the BID. telephone number shall also I Section 10. That the an- be included.Additional infor- I nual BID service fees levied mation may be required if by this ordinance shall be necessary for efficient ad- enforced in the following ministration. Renewal regis- manner: tration shall be required only a. The amount of any in the event of a change in delinquent BID service ownership or responsible fee shall constitute a parties; however, substan- debt due to the City. tive information changes b.At the direction of the shall be reported.' City Manager or the City Section 5.Any administra- Manager's designee,the tive interpretations or deter- City Attorney or another minations necessary toward attorney contracted for the fair and equitable appli- that purpose shall insti- cation of this ordinance shall tute a civil suit in the Sal- be made by the City Manag- ine County District Court in the name of the City er. to recover any such un- Section 6.All annual BID paid BID service fee service fees collected pur- and late fees. When ap- suant to this ordinance shall propriate, the City Man- be expended for the services ager or the City Manag- I outlined in the Recommend- er's designee may insti- 1 ed Program of Services and tute a small claims ac- according to the budget for tion to recover any un- 2007 as recommended by paid BID service fee and the BID Advisory Board. finance charges. Any le- Section 7. Any business gal fees or costs associ- subject to an annual BID ated with such civil ac- service fee levied pursuant to Section 1 will be billed in ttor%Shall be charged to full on January 1 and the an- the BID Fund either di- nual BID service fee shalt be rectly, or through the due and payable on the fol- 'Salina Downtown, Inc. lowing February 1 of each ibudget. year;provided however,that c. The City Manager at the request of any busi- may contract with a col- ness with an annual BID! lection agency for collec- service fee in excess of I tion of delinquent BID $240, the business may be service fees. billed and that annual BID d. The City Manager is service fee shall be due and authorized to file under payable as follows: the State Setaside pro- a. Annual BID service gram for debt collection. fees of $241 to $500 e.No civil judgment shall may be billed on a quar- bar or prevent a criminal terly basis on January 1, prosecution for each and April 1,July 1,and Octo- every violation of this or- ber 1, and shall be due dinance. and payable within 30 Section 11.That any per- days thereafter. son convicted of violating b.Annual fees in excess this ordinance shall be fined of$500 may be billed on an amount no greater than a monthly basis on the $500. first day of each month Section 12. That Ordi- and shall be due and nance Number 05-10311 is payable'within 30 days hereby repealed. thereafter. Section 13.That this ordi- A finance charge of 1.5%per I nance shall be in full force month shall be assessed on and effect from and after its any past due balance. adoption and publication If any quarterly or monthly in- once in the official city news- stallment remains unpaid six- paper. ty (60) days following the due date of the installment, Introduced:Nov.6,2006 the full balance of the annual Passed:Nov.13,2006 BID service fee for that busi- ness shall be immediately Donnie D.Marrs,Mayor due and payable and the business shall lose the privi- (SEAL) lege of electing to pay the ATTEST: annual BID service fee in in- Penny Day stallments for the remainder Deputy City Clerk (1 t) of the current year and for the following year. (the "dis- qualification period") If the business is current in pay- 'ments of all prior annual BID service fees and any applica- ble finance charges at the close of the disqualification period, the business may again elect to pay the annual BID service fee in the appli- cable number of install- ments. Section 8.That if a busi- ness ceases operation within the BID and is delinquent in the payment of its BID serv- ice fee,the business shall be obligated to pay the daily prorated share of its annual BID service fee for any days during which the business operated within the BID.The owner of the property in which the business was lo- cated 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 as- sessed upon the same daily prorated basis for the bdl- • ance of the year. In no case shall the same BID service fee be charged to both a ten- ant business and a property owner. Section 9.That if a busi- ness moves from the BID af- ter paying a service fee,the business may request a re- fund for the daily prorated share of the service fee paid, based upon the num- ber of paid days the busi- ness will no longer operate within the BID.(For example: If ABC Retailer has paid its second quarterly payment and ceases operation within the BID on April 25th, ABC Retailer would be entitled to