13-7043 Exempt certain property owned by Twin Oaks Insutries, Inc.RESOLUTION NUMBER 13-7043
A RESOLUTION OF INTENT TO EXEMPT CERTAIN PROPERTY OWNED BY TWIN
OAKS INDUSTRIES, INC. LOCATED AT 2001 WEST GRAND AVENUE, SALINA, KANSAS,
" FROM AD VALOREM TAXATION AND PROVIDING CERTAIN TERMS AND
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CONDITIONS.
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WHEREAS, the Board of City Commissioners. by Resolution Number 91-4265, has adopted a policy
8 pursuant to Section 13 of Article 11 of the Kansas constitution and K.S.A. 79-251 for the granting of
' a exemptions from ad valorem taxation for economic development purposes (the "Policy). and
WHEREAS, Twin Oaks Industries, Inc. (the "Applicant`), formally applied for tax exemption under
the policy by an application dated August 25, 2013 (the "Application"); and
WHEREAS, the Board of City Commissioners has reviewed the Application and an analysis of
estimated costs and benefits of the proposed tax exemption; and
WHEREAS, the Board of City Commissioners has advertised and held a public hearing this day to
consider the Application, SO NOW, THEREFORE
BE IT RESOLVED by the Governing Body of the City of Salina, Kansas:
Section 1. That in accordance with K.S.A. 79-251(b), notice of the public hearing was published in the
official city newspaper at least once seven days prior to the hearing and that written notice of the public
hearing was provided to the Board of Saline County Commissioners by hand -delivery to the County
Clerk and to U.S.D. No. 306 by mail.
tion 2. That in accordance with K.S.A. 79-251(c) and the Policy (Section 4), and in reliance upon
Applicant's representations contained in the Application, the Governing Body finds:
(A) That the property for which the exemption is to be granted will be used exclusively for the
1purposes specified in Section 1 3 of Article 1 1 of the Kansas constitution:
(B) That the Applicant is currently a local business and is not relocating from one city or
county to another within the state of Kansas:
(C) That the taxing districts having authority to levy taxes on the property affected will receive,
in the future, not less than the amount received prior to granting the exemption: and
(D) That Applicant's proposed expansion project described in the Application will create
additional permanent jobs and increase private capital investment in new plant and/or
equipment, thus providing a clear and factual demonstration of direct economic benefit to
the community.
Section 3. That Twin Oaks Industries, Inc. be granted exemption from ad valorem taxes for property
located at 2001 Grand Avenue, in Salina, Kansas, under terms of the City of Salina tax exemption
policy and the conditions set out herein.
Section 4. That tax exemption shall apply to building additions and improvements constructed between
September 23, 2013 and March 24, 2015 for facilities located on the following described property:
A tract of land in the City of Salina, Saline County, Kansas, located in the Southwest Quarter
(SW '/4) of the Northwest Quarter (NW 114 ) of Section Eleven (11), Township Fourteen (14)
South, Range Three (3) West of the Sixth Principal Meridian, described as follows: using the
West line of said Section as being true North, starting at a point on the East-West Quarter
Section line of said section. S 89°41' 15"E a distance of 379.44 feet: thence N 00°00'00" W a
distance of 1316.64 feet to the North line of the Northwest Quarter (N W '/<) of the Southwest
Quarter (SW 1/d) of the Northwest Quarter (NW '/4) of said Section 11; thence S 89°39'68" E
along said line a distance of 198.50 feet to the point of beginning of the tract: thence continuing
alone said line a distance of 478.08 feet: thence S 00°00'00" W a distance of 658.26 feet to the
North line of the Southwest Quarter (SW '/<) of the Southwest Quarter (SW 1/4) of the Northwest
Quarter Nei '/<) of said Section 11: thence N 89°40'36" W along said line a distance of 478.08
feet: thence N 00°00'00" E a distance of 658.26 feet to the point of beginning.
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Section 5. That no exemption shall hereby be granted for taxes due on the above described land nor any
existing buildings and improvements located thereon. In addition. the tax exemption shall not affect the
liability for any special assessments levied or to be levied against the above-described property.
)n 6. That the percentage of tax exemption shall be based upon actual capital investment
iditures for building improvements and the number of new full-time employees added above the
employment of 56 prior to project completion. The percentage of tax exemption shall be
ished by subsequent ordinance of the Board of City Commissioners.
tion 7. That the tax exemption shall be for a term of ten (10) years with the total exemption due
nted for years one (1) through five (5) and one-half (1/2) of the total exemption due granted for years
(6) through ten (10).
ection 8. That the amount of property taxes not exempted shall be paid annually to the County
reasurer. The County Treasurer shall distribute said payments to affected taxing jurisdictions
-cording to the provisions of K.S.A. 12-148. Failure to fully make such payments when due shall be
eemed grounds for the revocation of said tax exemption.
Section 9. 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 as the exemption remains in effect.
Section 10. That the applicant shall be responsible for filing the appropriate tax exemption claim forms
with the Kansas Court of Tax Appeals (COTA) as required by the statutes of the State of Kansas.
Section 11. The Board of City Commissioners shall have the right to revoke this tax exemption for
failure to comply with the terms and conditions of this resolution or the provisions of the City of Salina
tax exemption policy.
Adopted by the Board of City Commissioners and signed by the Mayor this 23`d day of September;
201 3.
Aaron Householter. Vice -mayor
{SEAL}
ATTEST:
Ann Elsey. CMC:'City Clerk