05-10308 Cost Recovery - Euclid(Published in the Salina Journal on Octobera_O , 2005)
Effective: December 26, 2005
ORDINANCE NUMBER 05-10308
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 EUCLID AVENUE.
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BE IT ORDAINED by the governing body of the City of Salina, Kansas:
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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. Protect description. The City has constructed an eight inch (8") water line along
Euclid Avenue from Ninth Street to the west 580 lineal feet (the "Project").
B. Benefit Area. The area benefited by the Project consists of the area legally described
on the attached and incorporated Exhibit A and depicted on the attached and
incorporated Exhibit B (the `Benefit Area").
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 Syst;m.
1. in residential area, the cost of lines, valves and hydrants for 6
inch water mains shall be assessed 100% to the benefit district. If the city
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overall system, the ben --fit district shall pay the cost equivalent of a 6 inch
line and the City Water Utility Fund shall pay the remainder.
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2. In a commercial or industrial area, the benefited property
owner or owners shall pay 100% of the cost of the di.-tribution system to
�,�t d satisfy their requirements.
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t7 a 3. The cost of service lines shall be paid by the benefitted
property"
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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
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Newd� forth above, the proportion of the Project attributable to the Benefit Area should be
x .. - equivalent to the cost of constructing a six inch (6") water line, which has been
o a�� determined to be $ 17,928.92. The public interest is most fairly served by thy:
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assignment of that cost to the Benefit Area as such costs would be assigned to
�a 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 $1,000.00 per equivalent existing residential unit and
$15.20 per front footage for commercial and industrial developments located within
the Benefit Area.
Section 3. Policy Obiective. 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 s-1-ve
the industrial, commercial, and residential 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 tiie Benefit Area shall be required to pay a
charge of $1,000.00 per equivalent existing resid.ntial unit and $15.20 per front footage for
commercial or industrial developments (the "Capital Cost Recovery Charge"). The amount of the
Book: 111 Page: 1817
Capital Cost Recovery Charge for commercial or industrial development shall be based upon the
front footage of the legally described parcel being developed.
Section 5. Payment of Charge. Payment of the Capital Cost Recovery Charge to the City
shall be made as follows:
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Commercial or Industrial. For commercial or industrial development projects within the
Benefit Area, payment of the Capital Cost Recovery Charge to the City shall be made prior
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to the connection of the developments private water service to the public water main.
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Residential. For equivalent existing residential units within the Benefit Area, payment of
the Capital Cost Recovery Charge to the City shall be made prior to the connection of the
residential units private water service to the public water main.
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.
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„{SI✓I;l
"ATTEST:
Lieu Ann Elsey, CMC, 't Clerk
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Introduced: October 3, 2005
Passed: October 17, 2005
Passed by a vote of a yes; Q no; _ abstain
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Donnie D. Marrs, Vice -Mayor
Book: 1119 Page: 181$
Exhibit "A"
Boundary Description for Euclid Avenue Waterline Benefit Area
Description:
✓A tract of land in Kessler Addition to the City of Salina, Saline County, Kansas more
particularly described as follows:
Beginning at the Southeast corner of Block One (1) of said Kessler Addition, also the
Southeast corner of Parcel One (1) Exhibit `B", described in Book 367, Page 474, Saline
County Register of Deeds; thence West along the South Line of said Block One (1), a
distance of six hundred sixty-six and zero tenths (666.0') feet to the West line of Parcel
Two (2) Exhibit `B", said Parcel Two (2) described in Book 384, Page 557, Saline
County Register of Deeds; thence North at a right angle to the South line of said Block
One (1) and along the West line and extension thereof of said Parcel Two (2), a distance
of two hundred seventy-seven and zero tenths (277.0') feet; thence East and parallel with
the North line of said Kessler Addition and along the South line and extensions thereof of
a parcel known as 1433 North Ninth Street, described in Book 1046, Page 653, Saline
County Register of Deeds; a distance of six hundred sixty-five and four tenths (665.4')
feet to a point on the East line of said Block One (1); thence South along said East line on
the platted bearing of S. 000 08' E., a distance of two hundred seventy-seven and zero
tenths (277.0') feet to the point of beginning.
Containing 4.233 acres more or less.
Also:
/ A tract of land in Block one (1), Tucker Park Addition to the City of Salina, Saline
County, Kansas more particularly described as follows:
Lot One (1) and the West Half of Lot Two (2), Block One (1), shown as Parcel Three (3)
in Exhibit `B"; The East Half of Lot Two (2) and the West Half of Lot Three (3), Block
One (1), shown as Parcel Four (4) in Exhibit "B"; The East Half of Lot Three (3), Block
One (1), shown as Parcel Five (5) in Exhibit `B"; The West seventy (70') feet of Lots
Four (4) and Five (5), Block One (1), shown as Parcel Six (6) in Exhibit "B"; and the
East seventy (70') feet of the West one hundred forty (140') feet of lots Four (4) and Five
(5), Block One (1), shown as Parcel Seven (7) in Exhibit `B".
Containing 3.792 acres more or less.
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