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-