00-10006 Comp Fee ScheduleU1111aaiea Sava
(Published in The Salina Journal Novemberig, 2000)
ORDINANCE NUMBER 00-10006
AN ORDINANCE LEVYING THE ANNUAL BUSINESS IMPROVEMENT
DISTRICT NUMBER 1 SERVICE FEES FOR 2001 APPLICABLE TO ALL BUSINESSES
LOCATED WITHIN THE SALINA BUSINESS IMPROVEMENT DISTRICT NUMBER 1;
AND REPEALING ORDINANCE NUMBER 99-9995.
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 2001; 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. That, effective January 1, 2001, 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:
Fixed Rate For Each Business
Area 1
Area 2
Area 3
$160.00
80.00
40.00
Maximum BID Assessment Per Contiguous Business Site
Area 1 $850.01
Area 2 338.25
Area 3 112.76
Section 2. That all fees collected through the assessment of businesses in accordance with
this ordinance shall be expended for the services outlined in the Recommended Program of Services
and according to the budget for 2001 as recommended by the BID Advisory Board.
Section 3. That the above annual BID service fees are levied effective January 1, 2001,
but may be paid as follows:
a. Annual fees of less than $100 are payable in one lump sum on January 1, 2001.
b. Annual fees of $100 to $300 may be paid in quarterly payments due January 1,
April 1, July 1, and October 1, 2001.
C. Annual fees in excess of $300 may be paid in monthly installments due on the first
day of each month commencing January 1, 2001.
A late fee of $5.00 will be assessed for each month any payment is past due.
Section 4. That if a business ceases operation within the BID and is delinquent in the
payment of its assessment, the business shall be obligated to pay the daily prorated sharc of its annual
assessment 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
assessment, 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 assessment be charged to both a
tenant business and a property owner.
Section 5. That if a business moves from the BID after paying an assessment, the
business may request a refund for the daily prorated share of the assessment 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
Per Front
Per
General Rate
Footage
or Professional
Area 1
$8.79
$125.46
Area 2
3.29
46.95
Area 3
.93
13.23
Maximum BID Assessment Per Contiguous Business Site
Area 1 $850.01
Area 2 338.25
Area 3 112.76
Section 2. That all fees collected through the assessment of businesses in accordance with
this ordinance shall be expended for the services outlined in the Recommended Program of Services
and according to the budget for 2001 as recommended by the BID Advisory Board.
Section 3. That the above annual BID service fees are levied effective January 1, 2001,
but may be paid as follows:
a. Annual fees of less than $100 are payable in one lump sum on January 1, 2001.
b. Annual fees of $100 to $300 may be paid in quarterly payments due January 1,
April 1, July 1, and October 1, 2001.
C. Annual fees in excess of $300 may be paid in monthly installments due on the first
day of each month commencing January 1, 2001.
A late fee of $5.00 will be assessed for each month any payment is past due.
Section 4. That if a business ceases operation within the BID and is delinquent in the
payment of its assessment, the business shall be obligated to pay the daily prorated sharc of its annual
assessment 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
assessment, 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 assessment be charged to both a
tenant business and a property owner.
Section 5. That if a business moves from the BID after paying an assessment, the
business may request a refund for the daily prorated share of the assessment 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
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Retailer would be entitled to request a refund of its annual assessment 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 6. That the BID service fees levied by this ordinance shall be enforced in the
following manner:
a. The amount of any delinquent assessment 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 shall institute a civil suit in the Saline County District Court in the name
of the City to recover any such unpaid assessment 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 assessment and late
fees. Any legal fees or costs associated with such civil actions shall be charged to
the BID.
No civil judgment shall bar or prevent a criminal prosecution for each and every
violation of this ordinance.
Section 7. That any person convicted of violating this ordinance shall be fined in a sum
no greater than $500.
Section 8. That Ordinance Number 99-9995 is hereby repealed.
Section 9. That this ordinance shall be in full force and effect from and after its adoption
and publication once in the official city newspaper.
(SEAL)
Introduced: November 6, 2000
Passed: November 13, 2000
Alan E. Jilka,lVdyor
ATTEST:
R. Weber, Deputy City Clerk