02-10108 Levy BID 2003 FeesC 1111e111 S11 1e
(Published in the Salina Journal on November 2002)
ORDINANCE NUMBER 02-10108
AN ORDINANCE LEVYING THE ANNUAL BUSINESS IMPROVEMENT
DISTRICT NUMBER 1 SERVICE FEES FOR 2003 APPLICABLE TO ALL BUSINESSES
LOCATED WITHIN THE SALINA BUSINESS IMPROVEMENT DISTRICT NUMBER 1;
AND REPEALING ORDINANCE NUMBER 01-10062.
WHEREAS, the Advisory Board of the Salina Business Improvement District No. 1 has
recommended a program of services and submitted a proposed budget for the calendar year 2003; and,
WHEREAS, it is necessary that the Governing Body, by ordinance, levy the business
improvement district service fees which shall be applicable only to businesses located within the Salina
Business Improvement District No. 1 as established by Ordinance Number 83-8979; SO NOW,
THEREFORE
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. For purposes of this ordinance the following terms shall be defined as stated:
a. "Apartment building" shall mean "those buildings in which are located more than
three residential units for rent."
b. "Business " shall mean "a fixed place of business where one or more persons are
employed or engaged in the purchase, sale, provision or manufacturing of commodities,
products or services. The ownership of real estate which is unoccupied and which is held for
investment purposes, for sale or lease, shall be considered a business.
c. "Services" shall mean "governmental functions, programs, activities, facilities
improvements and other services which a city is authorized to perform or provide."
d. "Worker " shall mean "a person who works predominately at the site of a business
located within the business improvement district for compensation by the business as an owner
or worker, but not as an independent contractor."
Section 2. That, effective January 1, 2003, there is hereby levied and assessed against all
businesses located within the Salina Business Improvement District No. 1 (the 'BID") a business
improvement district service fee on each business located within Salina Business Improvement District
No. 1 according to the following scale:
Santa Fe District
Included businesses: Ground -floor businesses addressed on Santa Fe and with front
footage abutting Santa Fe Avenue between Ash Street and
Mulberry Street.
Base fee per business: $200.00
Plus frontage rate: $8.00 per front footage abutting Santa Fe Avenue.
Combined maximum fee
Per business: $1,200.00
Employment District
Included businesses
Base fee per business
Plus fee per worker based
Upon total workers:
All businesses located between Ash Street and South Street not
included within Santa Fe District.
$120.00
worker 2 through 10 -
additional workers -
$40.00 per worker
$20.00 per worker
Maximum fee per business: 2 to 10 workers - $ 400.00
11 to 50 workers - $ 800.00
50 or more workers - $1,200.00
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Hospital/Mill District
Included Businesses: All businesses located between Elm Street and Ash Street and
between South Street and Prescott Street.
Base fee per business: $80.00
Plus fee per worker based
Upon total workers: workers 2 through 10 -
$26.00 per worker
Additional workers -
$14.00 per worker
Maximum fee per business: 2 to 10 workers -
$ 262.00
11 to 50 workers -
$ 542.00
50 or more workers -
$ 822.00
Section 3. For purposes of this service fee ordinance:
a. State law exclusion. All property owned or used exclusively for state, county,
municipal, literary, educational, scientific, religious, benevolent and charitable purposes shall
be excluded from the provisions of this ordinance in accordance with State law.
b. Accessory residential dwelling exclusion. Residential dwellings, accessory to and
located above or below the ground floor of another principal use shall be excluded from the
provisions of this ordinance.
C. Calculation of number of workers. The number of workers of a business shall be
determined by dividing the total number of worker hours per week as of January 1, 2003, by
forty hours and rounding to the nearest whole number.
d. Vacant buildings. The service fee for a vacant building in the employment or
hospital/mill district shall be calculated as if the building is occupied, but with no workers. The
service fee for a vacant building in the Santa Fe district shall be the same as if the building is
occupied.
e. Vacant lots. The service fee for a vacant lot shall be the base service fee for the
district in which the vacant lot is located.
f. Parking lots. The service fee for a parking lot in which parking spaces are leased or
rented for a charge shall be the base service fee for the district in which the parking lot is
located. No service fee shall be assessed for a parking lot which is accessory to a business and
in which no parking spaces are leased or rented for a charge.
g. Apartment buildings. The service fee under this ordinance for each apartment
building shall be the base service fee for the district in which the apartment building is located.
h. Application of maximum fee per business. In the case of a single business located
in more than one district, the highest maximum fee for a district in which the business is
partially located shall apply.
Section 4. Any administrative interpretations or determinations necessary toward the fair
and equitable application of this ordinance shall be made by the City Manager.
Section 5. All service fees collected pursuant to this ordinance shall be expended for the
services outlined in the Recommended Program of Services and according to the budget for 2003 as
recommended by the BID Advisory Board. The revenue budget objective of the BID Advisory Board
and the governing body is to collect a total of $87,000 in service fees. To the extent service fee
collections during calendar year 2003 exceed 105 per cent of the budgeted revenue objective ($91,350),
those excess service fee collections shall be credited, pro rata, against 2004 service fees for all
businesses located in the BID which paid a 2003 service fee and were current on all BID service fees
as of November 30, 2003. The pro rata credit shall not be the basis for cash refund.
Section 6. That the above annual BID service fees are levied effective January 1, 2003,
but may be paid as follows:
a. Annual fees of $100 to $300 may be paid in quarterly payments due January 1, April
1, July 1, and October 1, 2003.
b. Annual fees in excess of $300 may be paid in monthly installments due on the first
day of each month commencing January 1, 2003.
A late fee of $5.00 will be assessed for each month any payment is past due
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Section 7. That if a business ceases operation within the BID and is delinquent in the
payment of its service fee, the business shall be obligated to pay the daily prorated share of its annual
service fee for any days during which the business operated within the BID. The owner of the property
in which the business was located shall then be assessed for a daily prorated share of the annual service
fee, which daily prorated share shall be due and payable on the first day of each month until a new
business occupies the property. The new business shall then be assessed upon the same daily prorated
basis for the balance of the year. In no case shall the same service fee be charged to both a tenant
business and a property owner.
Section 8. That if a business moves from the BID after paying a service fee, the business
may request a refund for the daily prorated share of the service fee paid, based upon the number of paid
days the business 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 request a refund of its annual service fee divided by 365, multiplied times the 66 days
remaining in the second quarter). Any request for a refund under this section must be filed in the office
of the executive director of the BID no later than 30 days after the requesting business ceases operation
within the BID.
Section 9. That the BID service fees levied by this ordinance shall be enforced in the
following manner:
a. The amount of any delinquent service fee shall constitute a debt due to the City.
b. At the direction of the City Manager or the City Manager's designee, the City
Attorney shall institute a civil suit in the Saline County District Court in the name
of the City to recover any such unpaid service fee and late fees. When appropriate,
the City Manager or the City Manager's designee may authorize the BID Executive
Director to institute a small claims action to recover an unpaid service fee and late
fees. Any legal fees or costs associated with such civil actions shall be charged to
the BID.
C. No civil judgment shall bar or prevent a criminal prosecution for each and every
violation of this ordinance.
Section 10. That any person convicted of violating this ordinance shall be fined an amount
no greater than $500.
Section 11. That Ordinance Number 01-10062 is hereby repealed.
Section 12. That this ordinance shall be in full force and effect from and after its adoption
and publication once in the official city newspaper.
Introduced: November 4, 2002
Passed: November 18, 2002
l e
stin M. Seato Mayor
(SEAL)
ATTEST:
Lieu Ann Nicola, City Clerk