15-10775 Establishing a STAR Bond District1 (Published in The Salina Journal on June 5. 2015)
ORDINANCE NO. 15-10775
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SALINA,
y KANSAS, ESTABLISHLNG A STAR BOND PROJECT DISTRICT WITHIN THE
CITY AND MAKING CERTAIN FINDINGS IN CONJUNCTION THEREWITH
WHEREAS. the state of Kansas (the "State") desires to promote, stimulate and develop the general
nd economic welfare of the State and its communities and to assist in the development and redevelopment of
ligible areas within a city, or county, thereby promoting the general welfare of the citizens of the State, by
uthorizing cities and counties to acquire certain propem• and to issue sales tax and revenue (STAR) bonds for
ie financing of STAR bond projects pursuant to the provisions of K.S.A. 12-17,160 e1 seq., as amended (the
Act'): and
WHEREAS, pursuant to the Act the City of Salina, Kansas (the "City') is authorized to establish
AR bond project districts within eligible areas of the City, as said terms are defined in the Act, to approve
AR bond project district plans for the completion of STAR bond projects within such STAR bond project
trict, and to finance STAR bond project costs from the incremental increase in state and local sales revenues
ived from the STAR bond project district, other revenues described in the Act, or a combination thereof or
m the proceeds of special obligation tax increment bonds of the City payable from such described revenues:
nd
WHEREAS, prior to the creation of any 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
TAR bond project district and fix the date; hour and place of such public hearing, which public hearing
hall be held not less than 30 nor more than 70 days following adoption of such resolution, (2) describe the
roposed boundaries of the STAR bond project district, (3) describe the proposed STAR bond project district
Ian, (4) state that a description and map of the proposed STAR bond project district are available for
nspection at a time and place designated, and (6) state that the governing body will consider findings
pecessary 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
public hearing via certified mail, return receipt requested, to the board of county commissioners of the
nty, the board of education of any school district levying taxes on property within the proposed STAR
d project district, and to each owner and occupant of land within the proposed STAR bond project district
more than 10 days following the date of the adoption of such resolution and by publishing a copy of such
elution once in the official City newspaper not less than one week or more than two weeks preceding the
fixed for the public hearing, which publication shall include a sketch clearly delineating the area in
icient detail to advise the reader of the particular land proposed to be included within the STAR bond
ect area: and
WHEREAS; upon the conclusion of such public hearing and a finding by the Secretary of
ommerce that the STAR bond project district is an "eligible area" under the Act, the governing body may
ass an ordinance which shall: (1) make findings that the STAR bond project district proposed to be
eveloped is a STAR bond project under the Act, (2) contain the STAR bond project district plan as
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)roved, (3) contain the legal description of the STAR bond project district, and (4) may establish the
AR 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 days following the conclusion of
the hearing for the establishment of the STAR bond project district that the proposed STAR bond project
district will have an adverse effect on such county or school district: and
WHEREAS, upon the creation of a STAR bond project district pursuant to the Act, the City ma}
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 City Commission has heretofore adopted Resolution No. 15-7193 on March 30,
2015. which made a finding that the City is considering the establishment of a STAR bond project district
pursuant to the Act, set forth the boundaries of the proposed STAR bond project district, provided a summan
of the proposed STAR bond project district plan, called a public hearing concerning the establishment of a
STAR bond project district for May 18, 2015 and provided for notice of such public hearing as provided in the
Act: and
WHEREAS, on May 18, 2015, the Secretary of Commerce made a finding that the proposed STAR
bond project district is an "eligible area" under the Act as a "major commercial entertainment and tourism
area" as defined in the Act; and
WHEREAS, a public hearing was held this date, after due published, delivered and mailed notice in
accordance with the provisions of the Act: and
WHEREAS. upon and considering the information and public comments received at the public
hearing conducted this date, the City Commission hereby deems it advisable to make certain findings and to
create the STAR bond project district.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
SALINA, KANSAS:
Section 1. Findings. The City Commission hereby finds that due notice of the public hearing
conducted on May, 18. 2015 was made in accordance with the provisions of the Act. The City Commission
further finds that the proposed STAR bond project district is a "STAR bond project" as a "major commercial
entertainment and tourism area" as those terms are defined in the Act.
Section 2. Creation of STAR Bond Project District. A STAR bond project district is hereby
created within the Cit in accordance with the provisions of the Act (the "STAR Bond Project District"). The
STAR Bond Project District is comprised of one project area.
A map depicting the boundaries of the STAR Bond Project District is attached hereto as Exhibit A.
which is incorporated herein by reference and legally described on Exhibit B. The boundaries of the STAR
Bond Project District do not contain any property not referenced in Resolution No. 15-7153, which provided
notice of the public hearing on the creation of the STAR Bond Project District.
Section 3. STAR Bond Project District Plan. The proposed district plan for the STAR Bond
Project District (the "District Plan") is hereby approved. The buildings and facilities to be constructed or
improved in the STAR Bond Project District may be 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: an historic theater: 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 el 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 propert• within the STAR bond
project district.
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o Section 4. Approval of Other Governmental Units. No privately owned property subject to ad
valorem taxation within the STAR Bond Project District shall be acquired and redeveloped pursuant to the Act.
if the Board of Count• Commissioners of Saline County. Kansas or the Board of Education of Unified School
District No. 305 determines by resolution adopted within thirt• days following the public hearing held this date.
that the STAR Bond Project District will have an adverse effect on Saline County or Unified School District
No. 305, respectively. As of this date, the City has not received a copy of any such resolution and is not aware
of the adoption of any such resolution by the governing body of Saline County or Unified School District No.
305.
Section 5. Reimbursement. The Act authorizes the issuance by the City of bonds to finance
all or a portion of the costs of implementing the District Plan. Said bonds may be issued to reimburse
expenditures made on or after the date which is 60 days before the date of passage of this Ordinance,
pursuant to Treasury Regulation § 1.150-2 in the maximum principal amount of S1,000.000.
Section 6. Further Action. The Mayor; City Manager, City Clerk and other officials and
' employees of the City, including the City Attorney, City consultants, and 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 Ordinance.
Section 7. Effective Date. This Ordinance shall be effective upon its passage by two-thirds of
the City Commission and publication one time in the official City newspaper.
PASSED by the City Commission of the City, of Salina. Kansas on June 1. 2015 and APPROVED
AND SIGNED by the Mayor.
Introduced: May 18, 2015
Passed: June 1, 2015
Jfrantiha. Mayor
[SEAL]
ATTEST:
Shan'di Wicks. CMC, City Clerk
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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, 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 OF 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—WAY 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 580 FEET TO THE
SOUTHEAST CORNER OF LOT 39 ON FRONT STREET, SAID ORIGINAL TOWN, SAID POINT BEING THE
INTERSECTION OF SAID NORTH RIGHT—OF—WAY LINE AND THE WEST RIGHT—OF—WAY OF FRONT STREET,
AS PLATTED IN SAID ORIGINAL TOWN;
THENCE SOUTH ON SAID WEST RIGHT—OF—WAY LINE OF FRONT STREET, A DISTANCE OF 1760 FEET TO
THE NORTHEAST CORNER OF LOT 69 ON FRONT STREET, SAID ORIGINAL TOWN, SAID POINT BEING THE
INTERSECTION OF SAID WEST RIGHT—OF—WAY LINE AND THE SOUTH RIGHT—OF—WAY LINE OF WALNUT
STREET;
THENCE WEST ON SAID SOUTH RIGHT—OF—WAY LINE OF WALNUT STREET, A DISTANCE OF 330 FEET TO
THE NORTHEAST CORNER OF LOT 1, ON WALNUT STREET, SAID ORIGINAL TOWN, SAID POINT BEING THE
INTERSECTION OF SAID SOUTH RIGHT—OF—WAY LINE AND THE WEST RIGHT—OF—WAY LINE OF 2ND STREET;
THENCE SOUTH ON SAID WEST RIGHT—OF—WAY LINE OF 2ND STREET, A DISTANCE OF 830 FEET TO THE
NORTHEAST CORNER OF LOT 8, SAID SURVEYOR'S PLAT J, SAID POINT BEING THE INTERSECTION OF SAID
WEST RIGHT—OF—WAY LINE AND THE SOUTH RIGHT—OF—WAY LINE OF MULBERRY STREET;
THENCE WEST ON SAID SOUTH RIGHT—OF—WAY LINE OF MULBERRY STREET, A DISTANCE OF 660 FEET TO
THE NORTHEAST CORNER OF LOT 170 ON 4TH STREET, SAID ORIGINAL TOWN, SAID POINT BEING THE
INTERSECTION OF SAID SOUTH RIGHT—OF—WAY LINE AND THE WEST RIGHT—OF—WAY LINE OF 4TH STREET;
THENCE SOUTH ON SAID WEST RIGHT—OF—WAY LINE OF 4TH STREET, A DISTANCE OF 580 FEET TO THE
NORTHEAST CORNER OF LOT 1, ON 4TH STREET, SAID HOLLAND'S ADDITION, SAID POINT BEING THE
INTERSECTION OF SAID WEST RIGHT—OF—WAY LINE AND THE SOUTH RIGHT—OF—WAY LINE OF SOUTH
STREET;
THENCE WEST ON SAID SOUTH RIGHT—OF—WAY LINE OF SOUTH STREET, A DISTANCE OF 935.44 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—OF—WAY LINE OF 7TH 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 LINE OF WALNUT STREET, A DISTANCE OF 210 FEET TO
THE INTERSECTION OF SAID SOUTH RIGHT--OF—WAY LINE, AND THE WEST LINE OF A 10 FOOT ALLEY
BETWEEN 7TH STREET AND STH STREET, SAID ORIGINAL TOWN;
THENCE NORTH ON SAID WEST LINE OF A 10 FOOT ALLEY, A DISTANCE OF 260 FEET TO THE SOUTHEAST
CORNER OF LOT 129 ON 8TH STREET, SAID ORIGINAL TOWN;
REVISED PER CITY COMMENTS
5-13-15, LRR
742 DUVALL AVENUE
SALINA, KANSAS 67401 REVISED PER CLIENT COMMENTS.
PH, (785) 823-3400 1 FAX (785) 823-3411 3-12-15, LRR
soOkveng,com I www,kveng.com
7 KAW VALLEY ENGINEERING E1551183 FEB. 19, 2015
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THENCE WEST ON THE SOUTH LINE OF SAID LOT 129, A DISTANCE OF 120 FEET TO THE SOUTHWEST
CORNER OF SAID LOT 129 ON STH STREET, SAID POINT BEING ON THE EAST RIGHT-OF-WAY LINE OF
STH STREET;
THENCE NORTH ON SAID EAST RIGHT-OF-WAY LINE OF 8TH STREET, A DISTANCE OF 650 FEET TO THE
SOUTHWEST CORNER OF LOT 107 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 IRON
STREET;
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 AND 8TH STREET, SAID ORIGINAL TOWN;
THENCE NORTH ON SAID WEST LINE OF A 10 ALLEY, A DISTANCE OF 432.5 FEET TO THE SOUTHEAST
CORNER OF A TRACT OF LAND DESCRIBED IN DEED BOOK 229, PAGE 381 IN 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;
THENCE 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 LINE OF 7TH
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 OF ELM STREET, A DISTANCE OF 1340 FEET TO THE
POINT OF BEGINNING.
742 DUVALL AVENUE
SALINA, KANSAS 67401
PH. (785) 823-3400 FAX (785) 823-3411
so kveng.com www.kveng.com
♦ KAW VALLEY ENGINEERING
REVISED PER CITY COMMENTS
5-13-15, ERR
REVISED PER CLIENT COMMENTS.
3-12-15, ERR
El5S1183 FEB. 19, 2015
1183EXBA LRR