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09-10487 Ad Valorem Taxation - Bergkamp(Published in the Salina Journal on March 4_, 2009) ORDINANCE NUMBER 09-10487 AN ORDINANCE EXEMPTING CERTAIN PROPERTY OWNED BY BERGKAMP, INCORPORATED LOCATED AT 500 EAST SCHILLING ROAD, SALINA, KANSAS, FROM AD VALOREM TAXATION. Z a BE IT ORDAINED by the governing body of the City of Salina, Kansas: Section 1. That Bergkamp, Incorporated is hereby granted exemption from ad valorem taxes for property located at 500 East Schilling Road, Salina, Kansas, under the terms of the City of Salina Tax Exemption Policy and the conditions and limitations set out herein (the "Exemption"), all pursuant to Section 13 of Article 11 of the Kansas Constitution and K.S.A. 79-251. Section 2. That the Exemption shall only apply to buildings and improvements constructed between April 3, 2008 and March 1, 2009 for facilities located on the following described property: Lot 2, Block 1 in the Replat of Bergkamp Subdivision in the City of Salina, Saline County, Kansas. Section j. That on October 16, 2006, the governing body conducted a public hearing on the granting of the Exemption after publishing notice of the public hearing and notifying in writing the affected taxing districts in accordance with K.S.A. 79-251(b). Section 4. The governing body finds that the property for which the Exemption is to be granted will be used exclusively for the purposes specified in Section 13 of Article 11 of the Kansas Constitution, specifically the manufacture of asphalt paving equipment. Section 5. The governing body finds that the exemption herein granted for building improvements is required to create and retain jobs in the State of Kansas. Section 6. That no exemption shall be granted for taxes due on the above described land upon which the qualified buildings and improvements are to be located. Section 7. That application of the City of Salina Tax Exemption Policy results in a tax exemption of Seventy -Two and Thirty -Five Hundredths percent (72.35%) of the taxes due on the qualified property. Section 8. That the tax exemption shall be for a term of ten (10) years commencing with tax year 2009, with an exemption of One Hundred percent (100%) granted for years one (1) through five (5) and one- half (1/2) of the total exemption, or Fifty percent (50%), granted for years six (6) through ten (10). Section 9. That the amount of property taxes not exempted or equivalent payments in lieu of such taxes shall be paid annually to the County Treasurer. The County Treasurer shall distribute the payments to affected taxing jurisdictions according to the provisions of K.S.A. 12-148. Failure of the applicant to fully make such payment when due shall be deemed grounds for the revocation of the Exemption. Section 10. That the applicant shall be responsible for filing the appropriate tax exemption claim forms as required by law. Section 11. That the applicant shall submit an annual report as required by the City of Salina Tax Exemption Policy by January 15 of each year for as long at the exemption remains in effect. Section 12. The Board of Commissioners shall have the right to revoke the Exemption for failure to comply with the terms and conditions of this ordinance or the provisions of the City of Salina Tax Exemption Policy. Section 13. That this ordinance shall be in full force and effect'from and after its adoption and publication once in the official city newspaper. (SEAL) A S'1: `L, A,"4 Lieu Ann Elsey, CMC, City C rk Introduced: February 23, 2009 yPassed: Mar 2, 2009 nier II, Mayor