15-7193 Establishing a STAR Bonds District(Published in The Salina Journal on NkA..I W 2015)
1 I RESOLUTION NO. 15-7193
A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF SALINA,
KANSAS DETERAHNING THAT THE CITY IS CONSIDERING ESTABLISHING A STAR
BOND PROJECT DISTRICT WITHIN THE CITY, ESTABLISHING THE DATE AND
TME OF A PUBLIC HEARING ON SUCH MATTER, AND PROMING FOR THE
8 GIVING OF NOTICE OF SUCH PUBLIC HEARING.
WHEREAS, the City of Salina, Kansas (the "City") desires to promote, stimulate and
develop the general and economic welfare of the City and the state of Kansas (the "State") and to
assist in the development and redevelopment of eligible areas within the City, thereby promoting the
general welfare of the citizens of the State and the City, by authorizing cities and counties to acquire
certain property and to issue sales tax and revenue (STAR) bonds for the financing of STAR bond
projects pursuant to the provisions of K.S.A. 12-17,160 et seq., as amended (the "Act"); and
WHEREAS, pursuant to the Act the City is authorized to establish STAR bond project
districts within eligible areas of the City, as said terms are defined in the Act, to approve STAR bond
project district plans for the completion of STAR bond projects within such STAR bond project
district, and to finance all or a portion of STAR bond project costs from state and local sales
revenues derived from the STAR bond project district, other revenues described in the Act. or a
combination thereof or from the proceeds of special obligation tax increment bonds of the City
payable from such described revenues: and
WHEREAS, prior to the creation of an}, STAR bond project district the governing body of
the City must adopt a resolution stating that the City is considering the establishing of a STAR bond
project district, which resolution shall: (1) Give notice that a public hearing will be held to consider
the establishment of a STAR bond project district and fix the date, hour and place of such public
hearing, which public hearing shall be held not less than 30 nor more than 70 days following
adoption of such resolution, (2) describe the proposed boundaries of the STAR bond project
district, (3) describe the proposed STAR bond project district plan, (4) state that a description and
map of the proposed STAR bond project district are available for inspection at a time and place
designated, and (5) state that the governing body will consider findings necessary for the
establishment of a STAR bond project district; and
WHEREAS, notice of such public hearing shall be given by mailing a copy of the
resolution calling the public hearing via certified mail return receipt requested, to the board of
county commissioners of the county, the board of education of any school district levying taxes on
property within the proposed STAR bond project district, and to each owner and occupant of land
within the proposed STAR bond project district not more than 10 days following the date of the
adoption of such resolution and by publishing a copy of such resolution once in the official City
newspaper not less than one week or more than two weeks preceding the date fixed for the public
hearing, which publication shall include a sketch clearly delineating the area in sufficient detail to
advise the reader of the particular land proposed to be included within the STAR bond project
area; and
WHEREAS, upon the conclusion of such public hearing and a finding by the Secretary of
Commerce that the STAR bond project district is an "eligible area" under the Act, the goveming
body may pass an ordinance which shall: (1) make findings that the STAR bond project district
proposed to be developed is a STAR bond project under the Act, (2) contain the STAR bond
project district plan as approved, (3) contain the legal description of the STAR bond project
district, and (4) may establish the STAR bond project district; and
WHEREAS, no privately owned property subject to ad valorem taxes shall be acquired
and redeveloped under the provisions of the Act, if the board of county commissioners or the
board of education levying taxes on such property determines by resolution adopted within 30
w days following the conclusion of the hearing for the establishment of the STAR bond project
N district that the proposed STAR bond project district will have an adverse effect on such county or
school district; and
0
WHEREAS, upon the creation of a STAR bond project district pursuant to the Act, the City
may propose to undertake one or more STAR bond projects and shall prepare a STAR bond project
plan, which may be implemented in separate development stages, in consultation with the City's
planning commission; and
WHEREAS, the governing body of the City has been presented a proposed STAR bond
project district within an area of the City which meets the standards of an eligible area required by
the Act and desires to call and conduct a public hearing under the provisions of the Act in order to
determine whether it is advisable to create a STAR bond project district pursuant to the Act; and
WHEREAS, after the conclusion of the public hearing, it is anticipated that the City will
create a STAR bond project district pursuant to the Act.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE
CITY OF SALINA, KAiN'SAS:
Section 1. Findings. The City is considering the establishment of a STAR bond
project district pursuant to the Act.
Section 2. Proposed STAR Bond Project District. The proposed STAR bond
project district (the "STAR Bond Project District") would be initially comprised of one project area.
A map depicting the boundaries of the proposed STAR Bond Project District is attached hereto as
E.rhibirA, which is incorporated herein by reference and legally described on E.rhibir B.
Section 3. Proposed STAR Bond Project District Plan. The proposed STAR Bond
Project District provides for initially a single STAR bond project within the STAR bond project
district described in a general manner as follows:
A mixed-use development consisting of some or all of the following uses: major
multi -sport athletic complex, museum facilities; retail uses; restaurant uses; other
general commercial development; hotel uses; residential uses; office uses;
associated public and private infrastructure; and other items allowable under K.S.A.
12-17,160 et seq. The STAR bond project district may consist of multiple STAR
bond project areas as delineated in one or more STAR bond project plans to be
approved for property within the STAR bond project district.
Section 4. Public Hearing. Notice is hereby given that a public hearing will be held
by the City Commission to consider the establishment of the STAR Bond Project District on May
18, 2015, at the Commission Chambers located at City -County Building, 300 West Ash, Room 107,
Salina, Kansas, 67402, the public hearing to commence at 4:00 p.m, or as soon thereafter as the City
Commission can hear the matter. At the public hearing, the governing body will receive public
comment on the creation of the proposed STAR Bond Project District, and may, after the conclusion
of such public hearing, consider the findings necessary for establishment of the STAR Bond Project
District pursuant to the Act.
Section 5. Notice of Public Hearing. The City Clerk is hereby authorized and
directed to provide for notice of the public hearing by taking the following actions:
w (a) A copy of this resolution shall be mailed by United States certified mail,
y return receipt requested. within 10 days of this date to:
(i) the Board of County Commissioners of Saline
County, Kansas;
(ii) the Board of Education of U.S.D. No. 305.-
(iii)
05;
(iii) each owner and occupant of land N-6thin the proposed
STAR Bond Project District.
(b) This resolution, specifically including Exhibits A and B attached hereto,
shall be published once in the official newspaper of the City not less than
one week nor more than two weeks preceding the date of the public
hearing.
Section 6. Public Records. Copies of a description and map of the proposed STAR
Bond Project District are public records and are available for public inspection during regular office
hours in the office of the City Clerk, City-Counry Building, 300 Rest Ash, Room 206, Salina,
Kansas, 67402.
Section 7. Further Action. The Mayor, City Manager, City Clerk and other officials
and employees of the City, including Gilmore & Bell, P.C., Bond Counsel, are hereby further
authorized and directed to take such other actions as may be appropriate or desirable to accomplish
the purposes of this resolution.
Section 8. Effective Date. This resolution shall be effective upon its adoption by the
City Commission of the City of Salina, Kansas.
ADOPTED by the City Commission of the City of Salina, Kans arch 30, 2015
[SEAL)
Attest:
�In0 n .0 Gl O 1Cd-
City Clerk
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Mayor
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EXHIBIT A
MAP OF PROPOSED STAR BOND PROJECT DISTRICT
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LIMITS OF THE STAR BOND DISTRICT — CITY OF SALINA:
A TRACT OF LAND LOCATED IN ORIGINAL TOWN, SURVEYOR'S PLAT J. ATHERTON — PHILLIPS ADDITION,
REPLAT OF BLOCK 5, OAK.DALE ADDITION, GEIS ADDITION, HANLYS ADDITION, SURVEYOR'S PLAT C.
HOLLAND'S ADDITION, AND SRHC SUBDIVISION, ALL IN THE CITY OF SALINA, SALINE COUNTY, KANSAS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 10 ON ELM STREET, ORIGINAL TOWN, (NOW CITY) OF
SALINA, SAID POINT BEING THE INTERSECTION CF THE EAST RIGHT—OF—WAY LINE OF 3RD STREET AND
THE NORTH RIGHT—OF—WAY LINE OF ELM STREET;
THENCE SOUTH ON SAID EAST RIGHT—OF—'NAY LINE OF 3RD STREET, A DISTANCE OF 830 FEET TO THE
SOUTHWEST CORNER OF LOT 77 ON 3RD STREET, SAID ORIGINAL TOWN. SAID POINT BEING THE
INTERSECTION OF SAID EAST RIGHT—OF—WAY LINE, AND THE NORTH RIGHT—OF—WAY LINE OF ASH STREET;
THENCE EAST ON SAID NORTH RIGHT—OF—WAY LINE OF ASH STREET, A DISTANCE OF 721 FEET TO THE
INTERSECTION OF SAID NORTH RIGHT—OF—WAY LIVE AND THE EAST RIGHT—OF—WAY OF FRONT STREET;
THENCE SOUTHWEST ON SAID EAST RIGHT—OF—WAY LINE OF FRONT STREET, A DISTANCE OF 247 FEET;
THENCE SOUTH ON SAID EAST RIGHT—OF—WAY LINE OF FRONT STREET, A DISTANCE OF 1265 FEET TO
THE SOUTHWEST CORNER OF LOT 4, HANLYS ADDITION TO THE CIT`' OF SALINA;
THENCE SOUTHEAST ON SAID EAST RIGHT—OF—WAY LINE OF FRONT STREET, A DISTANCE OF 156 FEET TO
THE INTERSECTION OF SAID EAST RIGHT—OF—WAY LINE OF FRONT STREET AND THE EXTENSION OF THE
SOUTH EDGE OF A CONCRETE BRIDGE CROSSING THE SMOKY HILL RIVER CHANNEL;
THENCE SOUTHWEST ON SAID EXTENSION OF THE SOUTH EDGE OF A CONCRETE BRIDGE. A DISTANCE OF
115 FEET TO THE INTERSECTION OF SAID SOUTH EDGE OF A CONCRETE BRIDGE AND THE EASTERLY 70P
OF BANK OF SAID SMOKY HILL RIVER CHANNEL;
THENCE SOUTHEASTERLY, SOUTHERLY, AND SOUTHWESTERLY ALONG SAID EASTERLY TOP OF BANK OF
THE SMOKY HILL RIVER CHANNEL TO THE INTERSECTION OF SAID EASTERLY TOP OF BANK AND THE
SOUTH RIGHT—OF—WAY LINE OF SOUTH STREET;
THENCE WEST ON SAID SOUTH RIGHT—OF—WAY UNE OF SOUTH STREET, A DISTANCE OF 1142 FEET TO
THE INTERSECTION OF SAID SOUTH RIGHT—OF—WAY LINE AND THE EAST RIGHT—OF—WAY LINE OF 7TH
STREET;
THENCE NORTH ON SAID EAST RIGHT—CF—WAY LIN' CF 71H STREET, A DISTANCE OF 1410 FEET TO THE
NORTHWEST CORNER OF LOT 139 ON 7TH STREET, SAID ORIGINAL TOWN, SAID POINT BEING THE
INTERSECTION OF SAID EAST RIGHT—OF—WAY LINE AND THE SOUTH RIGHT—OF—WAY LINE OF WALNUT
STREET;
THENCE WEST ON SAID SOUTH RIGHT OF WAY LIVE OF WALNUT STREET, A DISTANCE OF 210 FEET TO
THE INTERSECTION OF SAID SOUTH RIGHT—OF—WAY !INE, AND THE WEST LINE OF A 10 FOOT ALLEY
BETWEEN 71H STREET AND BTH STREET, SAID ORIGINAL TOWN;
THENCE NORTH ON SAID WEST LINE OF A ID FOOT ALLEY. A DISTANCE OF 280 FEET TO THE SOUTHEAST
CORNER OF LG. 129 ON 8TH STREET, SAID ORIGINAL TOWN;
THENCE WEST ON THE SCUiH LINE OF SAID LOT 129, A DISTANCE OF i20 FEET TO THE SOUTHWEST
CORNER OF SAID LOT 129 ON STH STREET, SAID POINT BEING ON THE EAST RIGHT—OF—WAY LINE OF
ETH STREET;
THENCE NORTH ON SAID EAST RIGHT—OF—WAY LINE OF 8171 STREET, A DISTANCE OF 650 FEET TO THE
SOUTHWEST CORNER OF LOT 107 ON 8TH STREET, SAID ORIGINAL TOWN. SAID POINT BEING THE
INTERSECTION OF SAID EAST RIGHT—OF—WAY LINE AND THE NORTH RIGHT—OF—WAY LINE OF IRON STREET;
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THENCE EAST ON THE SOUTH LINE OF SAID LOT 107, A DISTANCE OF 120 FEET TO THE SOUTHEAST
CORNER OF SAID LOT 107, SAID POINT BEING ON THE WEST LINE OF A 10 FOOT ALLEY BETWEEN 7TH
STREET AN'D 81H STREET, SAID ORIGINAL TOWN;
THENCE NORTH ON SAID VEST LINE OF A 10 ALLEY. A DISTANCE OF 432.5 FEET 10 THE SOUTHEAST
CORNER OF A TRACT OF LAND DESCRIBED IN DEED BOOK 229, PACE 381 Iv THE OFFICE OF THE SALINE
COUNTY REGISTER OF DEEDS
THENCE WEST ON THE SOUTH LINE OF SAID DESCRIBED TRACT, A DISTANCE OF 120 FEET TO THE
SOUTHWEST CORNER OF SAID DESCRIBED TRACT, SAID POINT BEING ON SAID EAST RIGHT—OF—WAY LINE
OF 8TH STREET;
iHENCE NORTH ON SAID EAST RIGHT—OF—WAY LINE OF STH STREET. A DISTANCE OF 397.5 FEET TO
THE SOUTHWEST CORNER OF LOT 77 ON STH STREET, SAID ORIGINAL TOWN. SAID POINT BEING THE
INTERSECTION OF SAID EAST RIGHT—OF—WAY LINE AND THE NORTH RIGHT—OF—WAY LINE OF ASH
STREET;
THENCE EAST ON SAID NORTH RIGHT—OF—WAY LINE OF ASH STREET, A DISTANCE OF 330 FEET TO THE
SOUTHWEST CORNER OF LOT 77 ON 7TH STREET, SAID ORIGINAL TOWN, SAID POINT BEING THE
INTERSECTION OF SAID NORTH RIGHT—OF—WAY LINE AND SAID EAST RIGHT—OF—WAY LIVE OF 71H
STREET;
THENCE NORTH ON SAID EAST RIGHT—OF—WAY LINE OF 7TH STREET, A DISTANCE OF 830 FEET TO THE
SOUTHWEST CORNER OF LOT 47 ON 7TH STREET, SAID ORIGINAL TOWN. SAID POINT BEING THE
INTERSECTION OF SAID EAST RIGHT—OF—WAY LINE AND THE NORTH RIGHT—OF—WAY LINE OF ELM STREET;
THENCE EAST ON SAID NORTH RIGHT—OF—WAY LINE CF ELM STREET, A DISTANCE OF 1330 FEET TO THE
POINT OF BEGINNING.
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