02-10118 Cost RecoveryIJ
(Published in the Salina Journal on June 2&, 2004) L TU1 3 acoq
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ORDINANCE NUMBER 02-10118
AN ORDINANCE ESTABLISHING A CAPITAL COST RECOVERY CHARGE
FOR THE PURPOSE OF PAYING A PORTION OF THE COST OF A WATER
DISTRIBUTION SYSTEM IN THE VICINITY OF SOUTH NINTH STREET AND WATER
WELL ROAD.
BE IT ORDAINED by the governing body of the City of Salina, Kansas:
Section 1. Authority. This ordinance is adopted pursuant to the City's home rule authority
under Article 12, Section 5 of the Kansas Constitution and in accordance with K.S.A. 12-137.
Section 2. Legislative Findings. The governing body finds that:
A. Project description. Under Project No. 02-1378, the City intends to construct a
twenty-four inch (24") water line along South Ninth Street from Water Well Road,
south one-quarter (1/4) mile, then west under I-135 to Yost Drive, then north to
Water Well Road (the "Project").
B. Benefit Area. The area benefited by the Project consists of Tracts 1, 2, 3, and 4 as
shown on the map attached to and incorporated within this ordinance (the `Benefit
Area"). The Benefit Area is presently used for agricultural purposes, but is
designated as a primary service area for commercial and industrial development
under the City's Comprehensive Plan.
C. Benefits to Benefit Area. The Project Benefits the Benefit Area by providing fire
protection and domestic water service.
D. Development Policy. City of Salina Resolution Number 89-4066, adopted March 6,
1989, established the City's development policy for the financing of public
improvements within the City. The policy provides, in part:
"D. Water System.
2. In a commercial or industrial area, the benefited property
owner or owners shall pay 100% of the cost of the distribution system to
satisfy their requirements."
E. Fairness in relation to other properties within the City. Consistent with the City
policy regarding the distribution of costs for financing of public water systems set
forth above, the proportion of the Project attributable to the Benefit Area should be
equivalent to the cost of constructing a six inch (6") water line, which totaled
$168,213.75. The public interest is most fairly served by the assignment of that cost
to the Benefit Area as such costs would be assigned to similarly situated properties
located elsewhere within the City.
F. Method of Allocation. It is most reasonable to base the assignment of costs to the
Benefit Area on the basis of the square footage of developable land area located
within the Benefit Area. The Benefit Area includes 4,337,269 square feet, more or
less, of developable land area, resulting in a per square foot charge of $0.038783.
Section 3. PolicObjective. The policy objective of this ordinance is to provide for the
reimbursement of the City's utility fund for the proportionate cost of a water system needed to serve
the commercial and industrial development of the Benefit Area.
Section 4. Imposition of Charge. After the effective date of this ordinance, any owner of
land who seeks to develop property located within the Benefit Area shall be required to pay a
charge of $0.038783 per square foot, plus interest at the compound rate of 3.13 per cent per annum
(which equals the average rate of interest paid by the City under its most recent general obligation
bond issue in April, 2004) calculated from the effective date of this ordinance until the date the
charge is paid (the "Capital Cost Recovery Charge").
Section 5. Payment of Charge. Payment of the Capital Cost Recovery Charge to the City
shall be made as a condition of the issuance of a building permit for construction of any
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development project within the Benefit Area. The amount of the City the Capital Cost Recovery
Charge shall be based upon the developable square footage of the legally described parcel for which
the permit is being issued.
Section 6. Effective Date. In accordance with K.S.A. 12-137, this ordinance shall be
published once each week for two (2) consecutive weeks in the official city newspaper and shall be
effective sixty (60) days after its final publication, unless within sixty (60) days of its final
publication a petition signed by a number of electors of the city equal to not less than ten percent
(10%) of the number of electors who voted at the last preceding regular city election shall be filed
with the county election officer of Saline County demanding that such ordinance be submitted to a
vote of the electors, in which case it shall not take effect until submitted to a referendum and
approved by a majority of the electors voting thereon.
Section 7. Recording of Notice. Following the effective date of this ordinance, the City
Clerk is directed to record with the Office of the Saline County Register of Deeds a Notice of
Capital Cost Recovery Charge with a certified copy of this ordinance and a legal description of the
Benefit Area attached.
Introduced: November 25, 2002
Passed: June 21, 2004
Passed by a vote of6 yes;a no;0 abstain
xiot"
{SEAL} Monte Shadwick, Mayor
ATTEST:
Lieu Ann Elsey, City
sk l= pQ l f lDa.
Department of Finance & Administration
Office of City Clerk TELEPHONE (785) 309-5735
Lieu Ann Elsey, City Clerk FAX (785) 309-5738
300 West Ash Street, Suite 206 3, TDD (785) 309-5747
P.O. Box 736, e-mail: lieuann.elsey@salina.org
Salina, Kansas 67402-0736 Salina Website: www.salina-ks.gov
NOTICE OF FUTURE COST RECOVERY
I hereby declare to be the intent of the City of Salina that a cost recovery for improvements are
associated with the following tracts as described:
✓ Lot 1, Block 1, Yost Addition to the City of Salina, Saline County, Kansas.
✓ Lot 1, Block 2, Yost Addition to the City of Salina, Saline County, Kansas. Acres.
./Part of Lot 2, Block 2, Yost Addition to the City of Salina, Saline County, Kansas lying East
of a Drainage Easement described as Beginning at the Northwest Corner of said Lot 2;
- thence S 89° 51' 36" W, a distance of 132.00 feet;
- thence S 00° 08' 23" E, a distance of 630.99 feet;
- thence S 89° 51' 20" W, a distance of 395.45 feet;
- thence N 21° 37' 42" W, a distance of 37.01 feet;
- thence on a curve to the right, with a Arc distance of 96.35 feet and a Radius 100.00 feet;
- thence N 33° 34' 35" E, a distance of 408.00 feet;
- thence on a curve to the left, with a Arc distance of 173.46 feet and a Radius of 250.00
feet back to the point of beginning.
/Part of Lot 1, Block 4, Yost Addition lying East of the West line of NE 1/4, Section 11, T 15
S, R 3 W more particularly described as follows: Commencing at the Northeast Corner of
said Lot; thence S 00° 01' 43" W along the West Right-of-way of Interstate 135, a distance of
165.00 feet to the point of beginning;
- thence S 00° 01' 43" W, a distance of 909.38 feet;
- thence S 89° 44' 30" W, a distance of 1057.81 feet;
- thence N 00° 08' 24 " W, a distance of 295.54 feet;
- thence N 45° 02' 58" E, a distance of 222.37 feet;
- thence N 59° 07' 16' W, a distance of 184.08 feet;
- thence N 00° 08' 24" W, a distance of 363.05 feet;
- thence N 89° 47' 07" E, a distance of 1060.48 feet, back to the point of beginning.
✓A tract of land in the Southeast Quarter (SE/4) of the Northeast Quarter (NE/4) of Section
Eleven (11), Township Fifteen (15) South, Range Three (3) West of the Sixth (6th) Principal
Meridian, Saline County, Kansas, more particularly described as follows: Commencing at the
Northeast corner of said Southeast Quarter (SE/4) of the Northeast Quarter (NE/4); thence on
an assumed bearing of South 89 degrees 48 minutes 21 seconds West, a distance of Sixty and
no hundredths (60.00) feet along the North line of said Southeast Quarter of the Northeast
Quarter (NE/4) to the Westerly right-of-way line of Ninth Street and the point of beginning;
- thence South 00 degrees 03 minutes 36 seconds West, a distance of Four hundred
Ninety-six and Thirty-six hundredths (496.36) feet, along said West right-of-way
line;
- thence South 89 degrees 56 minutes 05 seconds West, a distance of One Thousand
One hundred Ninety-seven and Eight hundredths (1197.08) feet to a point on the east
right-of-way line of Interstate 135;
- thence North 03 degrees 59 minutes 36 seconds East, a distance of Four hundred
Ninety-four and Ninety-eight hundredths (494.98) feet, along said east right-of-way
line to a point on the North line of the Southeast Quarter (SE/4) of the Northeast
Quarter (NE/4) ;
- thence North 89 degrees 48 minutes 21 seconds East, a distance of One Thousand
One hundred Sixty-three and Thirteen hundredths (1163.13) feet along said North
line back to the point of beginning.
,%A tract of land in the Northeast Quarter (NE/4) of Section Eleven (11), Township Fifteen
(15) South, Range Three (3) West of the Sixth (6th) Principal Meridian, Saline County,
Kansas, more particularly described as follows: Commencing at the Northeast corner of
said Northeast Quarter; thence on an assumed bearing of South 89 degrees 49 minutes 44
seconds West, a distance of Sixty and Twenty hundredths (60.20) feet along the North
line of said Northeast Quarter to the Westerly right-of-way line of Ninth Street; thence
South 00 degrees 03 minutes 36 seconds West, a distance of Sixty-seven and Twenty-
seven hundredths (67.27) feet along said West right-of-way line to the Southerly right-of-
way line of Waterwell Road and the point of beginning;
swa 500&01
Book: 1087 Rage: 1163
thence South 00 degrees 03 minutes 36 seconds West, a distance of One thousand
Two hundred Fifty-five and Ninety-five hundredths (1255.95) feet, continuing
along said West right-of-way line to a point on the South line of Northeast
Quarter of the Northeast Quarter;
thence South 89 degrees 48 minutes 21 seconds West, a distance of One
Thousand One hundred Sixty-three and Thirteen hundredths (1163.13) feet to a
point on the east right-of-way line of Interstate 135;
- thence North 18 degrees 56 minutes 16 seconds East, a distance of Seven hundred
Fifty and no hundredths (750.00) feet, continuing along said east right-of-way
line;
thence North 15 degrees 18 minutes 27 seconds East, a distance of Three hundred
Thirty-seven and Twenty-three hundredths (337.23) feet, continuing along said
east right-of-way line to a point on the Southerly right-of-way line of Waterwell
Road;
- thence North 74 degrees 18 minutes 16 seconds East, a distance of Three hundred
Seventy-three and Sixty-three hundredths (373.63) feet, along the Southerly right-
of-way line of Waterwell Road;
thence North 62 degrees 19 minutes 57 seconds East, a distance of One hundred
Eighty-nine and Thirty-seven hundredths (189.37) feet, continuing along said
Southerly right-of-way line;
thence North 83 degrees 15 minutes 21 seconds East, a distance of Three hundred
Six and Sixty-seven hundredths (306.67) feet, continuing along said Southerly
right-of-way line, back to the point of beginning.
Auvust 26 2004
Lieu Ann Elsey, City Clerk Date
STATE OF KANSAS, COUNTY OF SALINE, ss:
On this 26`h day of August, 2004, before me a Notary Public in an for said state,
personally appeared Lieu Ann Elsey, City Clerk for the City of Salina, know to me to be the
person who executed the within Notice of Future Assessments and acknowledged to me that she
executed the same for the purposes therein stated in behalf of the City.
PENNY DAY
nn AP tNotary Public - ASO of Kansas
My appointm . •E"P'. l
Notary Publi
SEEMM
REGISSTEERR OF DEEDS
SALIN COUNTY KAhW l�
Book: 1087 Pa e : 1 :L62 — Pol,
Receipt #: 1%78 �otal Fees: A&M
Pages Recorded: 11
Date Recorded: 9/13/P884 8:36:19 AM
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.. . . .1 City Limits
Exist. Water
Benefit Area