05-10260 EDX Verwateri
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(Published in the Salina Journal on February )1 , 2005)
ORDINANCE NUMBER 05-10260
AN ORDINANCE EXEMPTING CERTAIN PROPERTY OWNED BY
VERWATER ENVIRONMENTAL, LLC, LOCATED AT 516 GRAVES BLVD., SALINA,
KANSAS, FROM AD VALOREM TAXATION AND PROVIDING FOR CERTAIN IN LIEU
OF TAX PAYMENTS.
BE IT ORDAINED by the governing body of the City of Salina, Kansas:
Section 1. That Verwater Environmental, LLC, is granted exemption from ad valorem
taxes for property to be located at or about 516 Graves Blvd., Salina, Kansas, under the terms of the
City of Salina Tax Exemption Policy and the conditions and limitations set out herein (the
"Exemption"), all pursuant to Section 13 of Article 11 of the Kansas Constitution and K.S.A. 79-251.
Section 2. That the Exemption shall only apply to buildings and improvements
constructed and equipment and machinery purchased between December 15, 2003 and January 15,
2005 for facilities located on the following described property:
A tract of land in Block Two (2) of Westport Exchange, an addition to the City of Salina,
Saline County, Kansas, made up of three (3) deeded parcels which are more particularly
described as follows:
Parcel No. 1
A parcel of land commencing at the East quarter corner of Section Fifteen (15),
Township Fourteen (14) South, Range Three (3) West of the Oh Principal Meridian,
Saline County, Kansas; thence West along the quarter section line with an assumed
bearing of N 90'00'W a distance of Seven Hundred Eighty-eight and Sixty -hundredths
(788.60) feet; thence S 00°00' W a distance of Two Hundred (200) feet; thence S
42'12'15" W a distance of Nine Hundred Eight -seven and Six -hundredths (987.06) feet
to a point in the center of Graves Boulevard; thence N 47°47'45" W a distance of Thirty-
five (3 5) feet to the point of beginning. Said point being on the westerly right-of-way line
of Graves Boulevard and Southwesterly corner of Lot Two (2), Block Two (2), in
Westport Exchange; thence continuing N 47°47'45 "W a distance of Two Hundred Ninety
(290) feet; thence N 42°12'15" E a distance of One Hundred Fifty (150) feet; thence N
47°47'45" W a distance of Four Hundred Thirteen and Forty -hundredths (413.40) feet;
thence S 00°00' W a distance of Four Hundred Six and Twenty-three Hundredths
(406.23) feet; thence S 47°47'45" E a distance of Four Hundred Fifty-one and Fifty -
hundredths (451.50) feet to a point on the westerly right-of-way line of Graves
Boulevard; thence Northeasterly One Hundred Forty-three and Seventy -hundredths
(143.70) feet along the said right-of-way line, which is a 10°21' curve to the right with a
radius of Four Hundred Sixty-five (465) feet to the point of tangent of said curve; thence
N 42'12'15" E a distance of Nine (9) feet to the point of beginning.
Parcel No. 2
A parcel of land beginning at the Southwest comer of Lot 2 of a Replat of Westport
Exchange Block 2 for the Formation of Lot Two;
- thence on an assumed bearing of N 47047'45" W along the South line of said Lot 2
and extensions thereof, a distance of 566.43 feet to a point on the West line of a
parcel recorded in Deed Book 357, Page 870 at the Saline County Register of Deeds;
- thence S 00003'26" E along the West line of said recorded parcel a distance of203.06
feet;
- thence S 47°47'45" E along the South line of said recorded parcel a distance of 451.
71 feet to a point on the Westerly right-of-way line of Graves Boulevard;
- thence along said Westerly right-of-way line on a curve to the right with a radius of
465.00 feet, a chord distance of 142.96 feet, a chord bearing ofN 33°25'06" E, and an
arc length of 143.53 feet;
- thence N 42°12'15" E along said Westerly right-of-way line a distance of 9.00 feet to
the Point of Beginning;
Said parcel contains 1.74 acres (75,877.7 sq. ft.), more and less, and is subject to
easements, reservations, and restrictions of record.
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Parcel No. 3
A parcel of land commencing at the East quarter corner of Section Fifteen (15),
Township Fourteen (14) South, Range Three (3) West of the 6th Principal Meridian,
Saline County, Kansas; thence West along the quarter section line with an assumed
bearing of N 90'00'W a distance of Seven Hundred Eighty-eight and Sixty -hundredths
(788.60) feet; thence S 00°00' W a distance of Two Hundred (200) feet; thence S
42°12'15" W a distance of Nine Hundred Eight -seven and Six -hundredths (987.06) feet
to a point in the center of Graves Boulevard; thence N 47°47'45" W a distance of Thirty-
five (35) feet to the point of beginning. Said point being on the westerly right-of-way line
of Graves Boulevard and Southwesterly corner of Lot Two (2), Block Two (2), in
Westport Exchange; thence continuing N 47°47'45"W a distance of Two Hundred Ninety
(290) feet; thence N 42°12'15" E a distance of One Hundred Fifty (15 0) feet; thence N
47°47'45" W a distance of Four Hundred Fifty-three and Sixty -Nine Hundredths (453.69)
feet; thence S 00°03'26" E a distance of Four Hundred Six and Forty-one Hundredths
(406.41) feet; thence S 47°47'45" E a distance of Four Hundred Ninety-two and Twenty -
hundredths (492.20) feet to a point on the westerly right-of-way line of Graves
Boulevard; thence Northeasterly One Hundred Forty-three and Seventy -hundredths
(143.70) feet along the said right-of-way line, which is a 10°21' curve to the right with a
radius of Four Hundred Sixty-five (465) feet to the point of tangent of said curve; thence
N 42°12'15" E a distance of Nine (9) feet to the point of beginning.
The above described parcels comprise the Verwater Environmental, LLC building lot.
Section 3. That on February 7, 2005, the governing body conducted a public hearing on
the granting of the Exemption after publishing notice of the public hearing and notifying in writing
the affected taxing districts in accordance with K.S.A. 79-251(b).
Section 4. The governing body finds that the property for which the Exemption is to be
granted will be used exclusively for the purposes specified in Section 13 of Article 11 of the Kansas
Constitution, specifically the manufacture of water reclamation systems and automated centrifuges.
Section 5. The governing body finds that the exemption herein granted for tangible
personal property is required to retain jobs in the State of Kansas.
Section 6. That no exemption shall be granted for taxes due on the above described land
upon which the qualified buildings and improvements are to be located.
Section 7. That application of the City of Salina Tax Exemption Policy results in a tax
exemption of Seventy-one and Thirty-one hundredths percent (71.31 %) of the taxes due on the
qualified property.
Section 8. That the tax exemption shall be for a term of ten (10) years commencing with
tax year 2005, with an exemption of Seventy-one and Thirty-one hundredths percent (71.31 %)
granted for years one (1) through five (5) and one-half (1/2) of the total exemption, or Thirty-five and
Sixty-five one hundredths percent (35.65%), granted for years six (6) through ten (10).
Section 9. That the amount of property taxes not exempted or equivalent payments in
lieu of such taxes shall be paid annually to the County Treasurer. The County Treasurer shall
distribute the payments to affected taxing jurisdictions according to the provisions of K.S.A. 12-148.
Failure of the applicant to fully make such payment when due shall be deemed grounds for the
revocation of the Exemption.
Section 10. That the applicant shall be responsible for filing the appropriate tax
exemption claim forms as required by law.
Section 11. That the applicant shall submit an annual report as required by the City of
Salina Tax Exemption Policy by January 15 of each year for as long at the exemption remains in
effect.
Section 12. The Board of Commissioners shall have the right to revoke the Exemption
for failure to comply with the terms and conditions of this ordinance or the provisions of the City of
Salina Tax Exemption Policy.
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Section 13. That this ordinance shall be in full force and effect from and after its
adoption and publication once in the official city newspaper.
(SEAL)
ATTEST:
Lieu Ann Elsey, CMC, Ci Clerk
Introduced: February 7, 2005
Pa ed: February 14, 2005
Monte Shadwick, Mayor