02-10120 Cost Recovery1
1
(Published in the Salina Journal on June 24, 2004) a-� Sik 3 aoo�
ORDINANCE NUMBER 02-10120
AN ORDINANCE ESTABLISHING A CAPITAL COST RECOVERY CHARGE
FOR THE PURPOSE OF PAYING A PORTION OF THE COST OF CONSTRUCTION OF
YOST DRIVE IN THE VICINITY OF 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. Proiect description. The City intends to construct Yost Drive and associated storm
drainage system from Water Well Road south one quarter (1/4) mile to a culdesac
end (the "Project").
B. Benefit Area. The areas benefited by the Project consist of Benefit Area 1 and
Benefit Area 2 shown on the map attached to and incorporated within this ordinance
(collectively referred to as the `Benefit Areas"). The Benefit Areas are presently
used for agricultural purposes, but are designated as primary service areas for
commercial and industrial development under the City's Comprehensive Plan.
C. Benefits to Benefit Area. The Project benefits the Benefit Area by providing public
street access and a storm drainage system.
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:
"A. Streets.
2. The costs of construction of collector and arterial streets shall
be distributed whereby property within the benefit district shall pay the cost
equivalent of a local street and the city -at -large shall pay the cost of any
excess width or thickness to meet city standards and specifications. The costs
of collector and arterial street construction where total access control is
required by or dedicated to the city will be paid in full by the city -at -large. In
a commercial or industrial area, the benefited property owner or owners shall
pay 100% of the cost of the collection system to satisfy their requirements.
C. Storm Drainage.
4. Drainage improvements in undeveloped areas of the city shall
be funded 100% by the benefit district."
E. Fairness in relation to other properties within the City. Consistent with the City
policy regarding the distribution of costs for financing of public street and storm
drainage systems set forth above, the proportion of the Project attributable to the
Benefit Area should be equivalent to the cost of constructing a 33 foot wide public
street and associated storm drainage system, which has been calculated to be
$469,185.32. The public interest is most fairly served by the assignment of that cost
to the Benefit Areas 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 Areas on the basis of the square footage of developable land area located
within the Benefit Areas, with one-half (1/2) of the costs ($234,592.66) to be
assigned to Benefit Area 1 and one-half (1/2) of the costs ($234,592.66) to be
assigned to Benefit Area 2. Benefit Area 1 includes 1,697,098 square feet, more or
less, of developable land area, resulting in a per square foot charge of $0.1382.
Benefit Area 2 includes 943,510 square feet, more or less, resulting in a per square
foot charge of $0.2486.
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Section 3. Policy Objective. The policy objective of this ordinance is to provide for the
reimbursement of the City's utility fund for the proportionate cost of a 33 foot wide public street
and associated storm drainage 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 Areas shall be required to pay a per
square foot charge as follows:
Benefit Area 1
Benefit Area 2
plus interest at the compound rate of 3.1
interest paid by the City under its most
calculated from the effective date of this
Cost Recovery Charge").
$0.1382 per square foot
$0.2486 per square foot
3 per cent per annum (which equals the average rate of
recent general obligation bond issue in April, 2004)
ordinance until the date the charge is paid (the "Capital
Section 5. Past 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
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.
{SEAL)
ATTEST:
Lieu Ann Elsey, City Cler
Introduced: November 25, 2002
Passed: June 21, 2004
Passed by a vote of 5 yes; Q no; b abstain
4A Aa -44
,OMonte Shadwick, Mayor
Department of Finance & Administration
Office of City Clerk
Lieu Ann Elsey, City Clerk
300 West Ash Street, Suite 206 F
P.O. Box 736 y;
Salina, Kansas 67402-0736 Salina
TELEPHONE (785) 309-5735
FAX (785) 309-5738
TDD (785) 309-5747
e-mail: lieuann.elsey@salina.org
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 '/o, 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 000 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;
Hook: 1087 Page: 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.
'4August 26, 2004
Lieu Ann Elsey, City Clerk Date
STATE OF KANSAS, COUNTY OF SALINE, ss:
On this 26th 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
Notary Public - StOat of Kansas
My appointor M AP t..Expires l`
Notary Publi
REBECCA
REGISTER OF DEEDS
SALINE MLMY KANSMN
Book: 1087 Pane: 1 16j2 — /17o1
Receipt IE: 1%78 Total Fees: $48.66
Pages Recorded: 11
Date Recorded: 9/13/2664 8:36:19 AN
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