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83-8979 Est BID DistrictThence West along the center line of South Street extended to the center line of Fourth Street; Thence South along the center line of Fourth Street to the center line of Prescott Avenue; Thence West along the center line of Prescott Avenue to the center line of Eighth Street this being the point of beginning. The name of said district shall be known as "Salina Business Improvement District No. 1". Section 2. That Salina Business Improvement District No. 1 shall be created to provide the businesses in the improvement district the following services and activities in the first year of operation, to -wit: To fund a staff member employed by the City of Salina. Said staff member would be under the direction of the City Manager and shall be responsible to provide the necessary planning, administrative and technical expertise for the possible rejuvenation of the improvement district. In addition, some funds may be used for architects, engineers and other consultants as necessary. (Published in The Salina Journal QCA -;1 , 1983) AN ORDINANCE ESTABLISHING A BUSINESS IMPROVEMENT DISTRICT FOR THE DOWNTOWN BUSINESS DISTRICT OF SALINA PURSUANT TO THE BUSINESS IMPROVEMENT DISTRICT ACT AND REPEALING ORDINANCE NUMBER 83-8971. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That a business improvement district as provided for in the Business Improvement District Act of the State of Kansas, be and is hereby established, the boundaries of which shall be as follows: Beginning at a point being the intersection of the center line of Eighth Street and the center line of Prescott Avenue; Thence North along the center line of Eighth Street to the center line of Ash Street; Thence East along the center line of Ash Street to the center line of Seventh Street; Thence North along the center line of Seventh Street to the center line of Elm Street; Thence East along the center line of Elm Street to the center line of Fourth Street; Thence South along the center line of Fourth Street to the center line of Iron Avenue, said point being the approximate center line of the Old Smoky Hill River Channel; Thence Southeasterly along the center line of said river channel to the middle of the block between Fourth Street and Third Street; Thence South along the mid -block line between Fourth and Third Streets to the center line of South Street extended; Thence West along the center line of South Street extended to the center line of Fourth Street; Thence South along the center line of Fourth Street to the center line of Prescott Avenue; Thence West along the center line of Prescott Avenue to the center line of Eighth Street this being the point of beginning. The name of said district shall be known as "Salina Business Improvement District No. 1". Section 2. That Salina Business Improvement District No. 1 shall be created to provide the businesses in the improvement district the following services and activities in the first year of operation, to -wit: To fund a staff member employed by the City of Salina. Said staff member would be under the direction of the City Manager and shall be responsible to provide the necessary planning, administrative and technical expertise for the possible rejuvenation of the improvement district. In addition, some funds may be used for architects, engineers and other consultants as necessary. Section 3. That the activities described in Section 2 of this ordinance shall be financed through a fee assessed by the City to each business as defined by the Act in Salina Business Improvement District No. 1 according to the type of business and/or gross leaseable area (floor space) used for retailing or business activities. Fees will be set according to the following scale: Maximum Rate Per Site Commercial(1) $3.50/front foot $250 Vacant Lan 1.11 $150 per lot --- Professional $50 per professional $250 Financial $250 $250 Public Utilities $250 $250 NOTE: (1 )Commercial shall include all retail, wholesale, service, restaurant, vacant buildings, warehouses (2)and similar activities. Professional shall include attorneys, the healing arts, stockbrokers, real estate brokers, insurance agents and similar activities. Section 4. That the fees collected through the assessment of businesses in Salina Business Improvement District No. 1 in accordance with Section 3 of this ordinance shall be expended for the services outlined in Section 2 of this ordinance according to the budget adopted by the advisory board appointed pursuant to Section 6 of this ordinance. Section 5. That it shall be unlawful for the owner or operator of any business to fail to pay any assessment when due. All fees assessed to businesses in Salina Business Improvement District No. 1, as provided for in this ordinance, shall be collected by the City in one installment in January of each year. Section 6. That the Salina Business Improvement District No. 1 Advisory Board is hereby established in accordance with the provisions of the Business Improvement District Act. There shall be twelve members of the Salina Business Improvement District No. 1, who shall be appointed by the Mayor with the consent of the Governing Body. The planning committee established by the Mayor on July 18, 1983, shall make recommendations for the first advisory board and the advisory board thereafter shall make recommendations to the Mayor. The recommendations from the planning committee and the advisory board shall not be binding upon the Mayor. The purpose of the Advisory Board is to monitor and to oversee the provisions of the services as established by this ordinance. The board shall, not later than May 15th of each year, submit to the Governing Body a recommended program of services to be performed or provided within the district during the coming year and a proposed budget to accomplish these objectives. Section 7. Members appointed to the board shall be representatives of the businesses located within the district. Of the members first appointed to the advisory board, four members shall be appointed a term of one (1) year, four members shall be appointed a term of two (2) years, and four members shall be appointed a term of three (3) years. On the expiration of the term of each board member, subsequent terms shall be for a period of 3 years. Any vacancy occurring on the membership of the Salina Business Improvement District No. 1 Advisory Board shall be filled by appointment of the Mayor with the consent of the Governing Body for the unexpired term. Section 8. That the annual assessments provided for in Section 5 shall be enforced in the following manner: (a). The amount of any unpaid assessment, the payment of which is required hereunder, shall constitute a debt due to the City. (b). City Attorney shall, at the direction of the City Manager, institute a civil suit in the name of the City to recover any such unpaid assessment. (c). No civil judgment shall bar or prevent a criminal prosecution for each and every violation of this ordinance. Section 9. That any person convicted of violation of this ordinance shall be fined in a sum no greater than $500. Section 10. That the City Manager is directed and authorized to take the necessary administrative actions and make the necessary decisions to enforce the spirit and intent of this ordinance. Section 11. That Ordinance Number 83-8971 is hereby repealed. Section 12. This ordinance be in full force and effect from and after its adoption and publication once in the official city newspaper. Introduced: October 17, 1983 Passed: October 24, 1983 John---ur aMayor (SEAL) ATTEST: arrison,ity Clerk