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05-10311 2006 BID Fees1 1 l (Published in the Salina Journal on November /10, 2005) ORDINANCE NUMBER 05-10311 AN ORDINANCE LEVYING SALINA BUSINESS IMPROVEMENT DISTRICT NUMBER 1 SERVICE FEES FOR 2006 IN ACCORDANCE WITH K.S.A. 12-1791, AND Z REPEALING ORDINANCE NUMBER 04-10248. a w WHEREAS, the Advisory Board of the Salina Business Improvement District No. 1 has recommended a program of services and submitted a proposed budget for the calendar year 2006; and, WHEREAS, it is necessary that the Governing Body, by ordinance, levy the business improvement district service fees which shall be applicable only to businesses located within the Salina Business Improvement District No. 1 as established by Ordinance Number 83-8979; SO NOW, THEREFORE BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. For purposes of this ordinance the following terms shall be defined as stated: a. "Apartment buildiniz" shall mean "those buildings in which are located more than three residential units for rent." b. "Business " shall mean "a fixed place of business where one or more persons are employed or engaged in the purchase, sale, provision or manufacturing of commodities, products or services. The ownership of real estate which is unoccupied and which is held for investment purposes, for sale or lease, shall be considered a business. c. "Services" shall mean "governmental functions, programs, activities, facilities b. improvements and other services which a city is authorized to perform or provide." d. "Worker" shall mean "a person who works predominately at the site of a business located within the business improvement district for compensation by the business as an owner or worker, but not as an independent contractor." Section 2. That, effective January 1, 2006, there is hereby levied and assessed against all businesses located within the Salina Business Improvement District No. 1 (the 'BID") a business improvement district service fee on each business located within Salina Business Improvement District No. 1 according to the following scale: Santa Fe District Included businesses: Ground -floor businesses addressed on Santa Fe and with front footage abutting Santa Fe Avenue between Ash Street and Mulberry Street. Base fee per business Plus frontage rate Combined maximum fee Per business: Employment District Included businesses: Base fee per business Plus fee per worker based Upon total workers: $200.00 $8.00 per front footage abutting Santa Fe Avenue. $1,200.00 All businesses located between Ash Street and South Street not included within Santa Fe District. $120.00 worker 2 through 10 - additional workers - $40.00 per worker $20.00 per worker Maximum fee per business: 2 to 10 workers - $ 400.00 11 to 50 workers - $ 800.00 50 or more workers - $1,200.00 f. Parking lots. The service fee for a parking lot in which parking spaces are leased or rented for a charge shall be the base service fee for the district in which the parking lot is located. No service fee shall be assessed for a parking lot which is accessory to a business and in which no parking spaces are leased or rented for a charge. g. Apartment buildings. The service fee under this ordinance for each apartment building shall be the base service fee for the district in which the apartment building is located. h. Application of maximum fee per business. In the case of a single business located in more than one district, the highest maximum fee for a district in which the business is partially located shall apply. Section 4. Each business located within the Business Improvement District shall be required to register on forms provided by the City of Salina. Registration forms shall provide sufficient information to identify and contact the business and shall include business name, location address, mailing address, tax identification number, business owner name, telephone number, and address. In the event of a responsible party for the business other than the owner, the responsible party's name, address and telephone number shall also be included. Additional information may be required if necessary for efficient administration. Renewal registration shall be required only in the event of a change in ownership or responsible parties; however, substantive information changes shall be reported. Section 5. Any administrative interpretations or determinations necessary toward the fair and equitable application of this ordinance shall be made by the City Manager. Section 6. All service fees collected pursuant to this ordinance shall be expended for the services outlined in the Recommended Program of Services and according to the budget for 2006 as recommended by the BID Advisory Board. Section 7. That the above annual BID service fees are levied effective January 1, 2006, but may be paid as follows: Hospital/Mill District Included Businesses: All businesses located between Elm Street and Ash Street and N between South Street and Prescott Street. a W Base fee per business: $80.00 ti Plus fee per worker based Upon total workers: workers 2 through 10 - $26.00 per worker o U Additional workers - $14.00 per worker Maximum fee per business: 2 to 10 workers - $ 262.00 11 to 50 workers - $ 542.00 50 or more workers - $ 822.00 Section 3. For purposes of this service fee ordinance: a. State law exclusion. All property owned or used exclusively for state, county, municipal, literary, educational, scientific, religious, benevolent and charitable purposes shall be excluded from the provisions of this ordinance in accordance with State law. b. Accessory residential dwelling exclusion. Residential dwellings, accessory to and located above or below the ground floor of another principal use shall be excluded from the provisions of this ordinance. C. Calculation of number of workers. The number of workers of a business shall be determined by dividing the total number of worker hours per week as of January 1, 2006, by forty hours and rounding to the nearest whole number. d. Vacant buildings. The service fee for a vacant building in the employment or hospital/mill district shall be calculated as if the building is occupied, but with no workers. The service fee for a vacant building in the Santa Fe district shall be the same as if the building is occupied. e. Vacant lots. The service fee for a vacant lot shall be the base service fee for the district in which the vacant lot is located. f. Parking lots. The service fee for a parking lot in which parking spaces are leased or rented for a charge shall be the base service fee for the district in which the parking lot is located. No service fee shall be assessed for a parking lot which is accessory to a business and in which no parking spaces are leased or rented for a charge. g. Apartment buildings. The service fee under this ordinance for each apartment building shall be the base service fee for the district in which the apartment building is located. h. Application of maximum fee per business. In the case of a single business located in more than one district, the highest maximum fee for a district in which the business is partially located shall apply. Section 4. Each business located within the Business Improvement District shall be required to register on forms provided by the City of Salina. Registration forms shall provide sufficient information to identify and contact the business and shall include business name, location address, mailing address, tax identification number, business owner name, telephone number, and address. In the event of a responsible party for the business other than the owner, the responsible party's name, address and telephone number shall also be included. Additional information may be required if necessary for efficient administration. Renewal registration shall be required only in the event of a change in ownership or responsible parties; however, substantive information changes shall be reported. Section 5. Any administrative interpretations or determinations necessary toward the fair and equitable application of this ordinance shall be made by the City Manager. Section 6. All service fees collected pursuant to this ordinance shall be expended for the services outlined in the Recommended Program of Services and according to the budget for 2006 as recommended by the BID Advisory Board. Section 7. That the above annual BID service fees are levied effective January 1, 2006, but may be paid as follows: a. Annual fees of $100 to $300 may be paid in quarterly payments due January 1, April 1, July 1, and October 1, 2006. b. Annual fees in excess of $300 may be paid in monthly installments due on the first day of each month commencing January 1, 2006. Z W A late fee of $5.00 will be assessed for each month any payment is past due. Section 8. That if a business ceases operation within the BID and is delinquent in the payment of its service fee, the business shall be obligated to pay the daily prorated share of its annual service fee for any days during which the business operated within the BID. The owner of the property in which the business was located shall then be assessed for a daily prorated share of the annual service fee, which daily prorated share shall be due and payable on the first day of each month until a new business occupies the property. The new business shall then be assessed upon the same daily prorated basis for the balance of the year. In no case shall the same service fee be charged to both a tenant business and a property owner. Section 9. That if a business moves from the BID after paying a service fee, the business may request a refund for the daily prorated share of the service fee paid, based upon the number of paid days the business will no longer operate within the BID. (For example: If ABC Retailer has paid its second quarterly payment and ceases operation within the BID on April 25th, ABC Retailer would be entitled to request a refund of its annual service fee divided by 365, multiplied times the 66 days remaining in the second quarter). Any request for a refund under this section must be filed in the office of the executive director of the BID no later than 30 days after the requesting business ceases operation within the BID. Section 10. That the BID service fees levied by this ordinance shall be enforced in the following manner: a. The amount of any delinquent service fee shall constitute a debt due to the City. b. At the direction of the City Manager or the City Manager's designee, the City Attorney or another attorney contracted for that purpose shall institute a civil suit in the Saline County District Court in the name of the City to recover any such unpaid service fee and late fees. When appropriate, the City Manager or the City Manager's designee may authorize the BID Executive Director to institute a small claims action to recover an unpaid service fee and late fees. Any legal fees or costs associated with such civil actions shall be charged to the BID Fund either directly, or through the Salina Downtown, Inc. budget. C. The City Manager may contract with a collection agency for collection of delinquent service fees. d. The City Manager is authorized to file under the State Setaside program for debt collection. e. No civil judgment shall bar or prevent a criminal prosecution for each and every violation of this ordinance. Section 11. That any person convicted of violating this ordinance shall be fined an amount no greater than $500. Section 12. That Ordinance Number 04-10248 is hereby repealed. 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. Introduced: November 7, 2005 Passed- November 14, 2005 GH onnie D. Marrs, Vice -Mayor (SEAL) Z:9�� Lieu Ann Elsey, CMC, Cityr