21-11090 Rural Housing Incentive District Southview Estates..
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(Published in the Salina Journal on October 22., 2021)
ORDINANCE NO. 21-11090
AN ORDINANCE OF THE CITY OF SALINA, KANSAS, ESTABLISHING A RURAL
HOUSING INCENTIVE DISTRICT WITHIN THE CITY AND ADOPTING A PLAN
FOR THE DEVELOPMENT OF HOUSING AND PUBLIC FACILITIES IN SUCH
DISTRICT, AND MAKING CERTAIN FINDINGS IN CONJUNCTION THEREWITH
(SOUTH VIEW ESTATES).
WHEREAS, K.S.A. 12-5241 et seq. (the "Act") authorizes any city incorporated in accordance with
the laws of the state of Kansas (the "State") with a population of less than 60,000 to designate rural housing
incentive districts within such city; and
WHEREAS, prior to such designation the governing body of such city shall conduct a housing needs
analysis to determine what, if any, housing needs exist within its community; and
WHEREAS, after conducting such analysis, the governing body of such city may adopt a resolution
making certain findings regarding the establishment of a rural housing incentive district and providing the legal
description of property to be contained therein; and
WHEREAS, after publishing such resolution, the governing body of such city shall send a copy
thereof to the Secretary of the Kansas Department of Commerce (the "Secretary") requesting that the Secretary
agree with the finding contained in such resolution; and
WHEREAS, ifthe Secretary agrees with such findings, such city may proceed with the establishment
of a rural housing incentive district within such city and adopt a plan for the development or redevelopment of
housing and public facilities in the proposed district; and
WHEREAS, the City of Salina, Kansas (the "City") has an estimated population under 60 ,000 and
therefore constitutes a city as the term is defined in the Act; and
WHEREAS, the governing body of the City (the "Governing Body") has performed a Housing Needs
Analysis (the "Analysis"), a copy of which is on file in the office of the City Clerk; and
WHEREAS, the Governing Body adopted Resolution No. 21-7955 on May 3, 2021, which made
certain findings relating to the need for financial incentives relating to the construction of quality housing
within the City, declared it advisable to establish a rural housing incentive district pursuant to the Act, and
authorized the submission of such resolution and the Analysis to the Kansas Department of Commerce in
accordance with the Act; and
WHEREAS, the Secretary of the Kansas Department of Commerce, pursuant to a letter dated May
21, 2021, authorized the City to proceed with the establishment of a rural housing incentive district pursuant
to the Act; and
WHEREAS, the City has caused to be prepared a plan (the "Plan") for the development or
redevelopment of housing and public facilities in the proposed South View Estates Rural Housing Incentive
District (the "District") in accordance with the provisions of the Act; and
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WHEREAS, the Plan includes:
1.
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3.
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5.
6.
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The legal description and map required by KS.A. 12-5244(a).
The existing assessed valuation of the real estate in the proposed District listing the land and
improvement value separately.
A list of the names and addresses of the owners of record of all real estate parcels within the
proposed District.
A description of the housing and public facilities project or projects that are proposed to be
constructed or improved in the proposed District, and the location thereof.
A listing of the names, addresses, and specific interests in real estate in the proposed District
of the developers responsible for development of the housing and public facilities in the
proposed District.
The contractual assurances, if any, the Governing Body has received from such developer or
developers , guaranteeing the financial feasibility of specific housing tax incentive projects in
the proposed District.
A comprehensive analysis of the feasibility of providing housing tax incentives in the
proposed District as provided in the Act, which shows the public benefit derived from the
District will exceed the costs and that the income therefrom, together with all public and
private sources of funding, will be sufficient to pay for the public improvements that may be
undertaken in the District.
WHEREAS, the Governing Body of the City has heretofore adopted Resolution No. 21-7985, which
made a finding that the City is considering establishing the proposed District and adopting the proposed Plan
pursuant to the Act, set forth the boundaries of the proposed District, provided a summary of the proposed
Plan, called a public hearing concerning the establishment of the proposed District for October 18, 2021, and
provided for notice of such public hearing as provided in the Act; and
WHEREAS, a public hearing was held on October 18, 2021, after notice was duly published and
delivered in accordance with the provisions of the Act; and
WHEREAS, upon and considering the information and public comments received at the public
hearing, the Governing Body of the City hereby deems it advisable to make certain findings to establish the
proposed District and to adopt the proposed Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
SALINA, KANSAS:
Section 1. Findings. The Governing Body hereby finds that notice of the public hearing
conducted October 18, 2021, was duly made in accordance with the provisions of the Act.
Section 2. Creation of Rural Housing Incentive District. A Rural Housing Incentive District
is hereby created within the City in accordance with the provisions of the Act, which shall consist of the
following described real property:
Lots 1 through 26, Block 2, Lots 1-10, Block 3, Lots 1 through 26, Block 4 , and Lots 1 through
13, Block 5, in the Ryan Addition to the City of Salina, Saline, County, Kansas.
The District's boundaries do not contain any property not referenced in Resolution No. 21-7985, which
provided notice of the public hearing on the creation of the District and adoption of the Plan .
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Section 3. Approval of Development Plan. The Plan for the development or redevelopment of
housing and public facilities in the District, as presented to the Governing Body this date, is hereby approved.
In addition, the approval of the Development Agreement relating to the South View Estates Rural Housing
Incentive District between the City and the developer thereof is hereby ratified and confirmed.
Section 4. Adverse Effect on Other Governmental Units. If, within 30 days following the
conclusion of the public hearing on October 18, 2021, any of the following occurs, the Governing Body shall
take action to repeal this Ordinance:
(a) The Board of Education of Unified School District No. 305, Saline County, Kansas (Salina)
determines by resolution that the District will have an adverse effect on such school district; or
(b) The Board of County Commissioners of Saline County, Kansas, determines by resolution that
the District will have an adverse effect on such county.
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 either Unified School District No. 305, Saline County, Kansas
(Salina) or of Saline County, Kansas.
Section 5. Further Action. The Mayor, City Clerk, city officials and employees, including the
City Attorney, and Gilmore & Bell, P.C., are hereby further authorized and directed to take such other actions
as may be appropriate or desirable to accomplish the purposes of this Ordinance, including entering into an
agreement with Saline County regarding the reimbursement pursuant to the Act of eligible costs funded by
Saline County.
Section 6. Effective Date. This Ordinance shall be effective upon its passage by the Governing
Body and publication one time in the official City newspaper.
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PASSED by the Governing Body of the City of Salina, Kansas, and SIGNED by the Mayor on October
18, 2021.
(SEAL)
ATTEST:
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