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Public Improvement Policy Er:I!Ii:m Department of Planning and Community Development City-County Building 300 West Ash Street PO Box 736 Salina, KS 67402-0736 . Telephone (913) 827-8781 Salina City Planning Commission Salina Board of Zoning Appeals Salina City Heritage Commission -f2:,.... J ~J'" January ?7, 1989 TO: Special Assessment Policy Task Force FROM: Roy Dudark, Director of Planning ~ and Community Development Re: Requested Information At our meeting of January 23, two items of information were requested. First, I have enclosed a summar'y sheet prepared by Bob Biles of the process required to complete the sale of real estate for unpaid taxes. (If anyone would like a copy of the identified statutes, please let me know). As indicated, such real estate is subject to sale after two years if not redeemed, except for homestead real estate which requires three years. Next, the ~!ichita public improvement policy involv'ing submission of a financial guarantee for 35% of the project cost is also enclosed. The financial guarantee is available to cover any unpaid special assessment. The guarantee may consist of a letter of credit and is released when 35% of the development is completed. Because it appeared that there was 1 ittl e di sagreement regardi ng major issues, I have started drafting a policy for your consideration, I intend to mail the draft out with notice of the next meeting which is tentatively set for Wednesday, February 8 at 4:00 p.m. " MEMBER KANSAS LEAGUE OF MUNICIPALITIES' NATIONAL LEAGUE OF CITIES K.S.A. 79-2301 79-2302 79-2303 79-2302 79-2306 79-2401a 79-2801 79-2803 79-2804 79-2804 REAL ESTATE TAX C,A,LENDAR Date Action August 25, 1985 Tax levies submitted to County November 1, 1985 Tax notices sent Dec. 20, 1985, June 20, 1986 Tax due dates June 20, 1986 Property is subject to sale if taxes are unpaid. Before July 10, 1986 Co. Treasurer prepares a list of property subject to sale. Before Aug. 1, 1986 Submit notice to official newspaper for three pub! ¡cations 1 st Tuesday of September 1986 Property is IIsoldli to the County 1 st Tuesday of Sept. 1968 End of two year holdin9 period by county where owner may redeem the rea I estate. Note: Homestead real I:!state has a three year holding period. 1 st Tuesday of September 1988 County Commission ord.ers the County Attorney cr Counselor to institute action in district cou rt. In as summary way as possible D ¡strict Court determines total taxes, charges, interest and penalties are due. Clerk of District Court to issue judgment to County Sheriff. Upon receipt of order of sale from District Court Sheriff to cause the order of sale to be published once each week for three weeks. Not less than 30 days after 1 st publication " Foreclosure sale . I AdmInIstrative Keguloticn / AF~ 29 Date: Apri 1 16, 1985 Subject: De~elopment Policy for Public Improvements Supersedes: ,AF: 31 September 8, 1976 Statement of Policy It is the policy of the City of Wichita to facilitate new development by oroviding installation of public improvements (streets, drainage, sanitary sewers, water mains, etc.) ~pon petition, whenever reasonable assurances are provided by the developer or others that the special assessments will be paid when due. Assurances are considered to be provided whenever the city has been furnished with a financial guar3ntee (irrevocable letter of credit, corporate completion bond, cashier's check, escrow account, or cash) on 35% of th2 estimated principal cost of the project (engineering design, construction, inspection, temporary note interest, and administration). In addition, installation of public i~provements may be authorized and directed by the Board of City Corr.missioners, upon petition and \vithcut guarantE!e, v,henever it is determined that such action is in the public interest and when one or more of the following conditions exist: 1 ) 2) Projects are ordered in by the Board of City Co¡j¡missioners. Projects that are infill in areas with multiple owners and wher~ a majority of the benefit district (by square foot or lots) has developm~nt on it. 3) The majority of the benefit district is in public ownership. The financial guarantee will be released upon request of the developer when certificates of occupancy are issued for at least 35% of the develop~ent that received the improvements. Should special assessments on all or a portion of the properties not be paid, the financial g~arantee will be applied annually to satisfy the costs of public improvements of such property. Any dc:veìoper v,ith delinque,~t special assess:n.ents on existing devF~~oDment ¡,¡ill not be considered ;or a ne".¡ developrr:ent under this poli,,:y. All develo¡;~"s fiìing an application ur,de: ~his policy vli11 be requirf: to certify, under oath, that no person ~aving a financial interest in the lands in the benefit district is delinquent ~n special aSSEssments for any city special assess~ent project within or witho~t (he city. Development Guarantee Prccedure The Oirectot' of Planning shall be responsible for receiving requests and assurances and monitoring the implementation of this policy. The Plann~ng DeDart~ent shall ~etermine the cost of and receive the credit as:;ur:::nce \,.¡hich \'iill include ã 1 ist 6-f' the k~./ numbers of pro~ertlcs to be developed. lhe assurance will be j~ one of the forms l~sted earlier in this I policy. ~ City oí WichitG¡ Kc.;\sas <":H. " '"" .1 Àdministrative Regulation AR 29 Page 2 The development guarantees shall be submitted to the Departments of Law and Administration for review and and approval as to legal and financial form, respectively~ At the time the assurances have been provided, the Director of Planning shall submit the requests for public improvements to the City Manager for presentation to the City Commission. Upon approval of the governing body, the City Engineer shall initiate action to install the public i~provements. The development guarantees, along with the list of key numbers on property to be developed, snali be filed with the City Controller. The Controller shall be responsible fer (a) renewing the g~arantees, when necessary, and (b) semi-annually comparing key numbers for property developed under this policy and property y¡ith . delinquent speciaì assessments. Any property having delinquent special assessments with develop~ent guarantees shall be referred to the City Treasurer (with copies to Law, Planning, and the City Manager) for collection of the guarantee and payment of the delinquent special assessment and penalty. To seek release of a financial guarantee, the developer must file with the City Controller a written request accompanied by evidence that certificates of occupancy have been issued for at least 35% of the develo~ment on which the guarantee is filed. .~ a~- Robert G. Finch City Manager (Interim) RGF/tpd -" City of Wichita, Kansas r~".. " AA-