97-9843 Cost Recovery Drain Ditb�M
(Published in The Salina Journal December/a?, 1997)
ORDINANCE NUMBER 97-9843
AN ORDINANCE ESTABLISHING A CAPITAL COST RECOVERY CHARGE
FOR THE RECONSTRUCTION OF SCHILLING ROAD BETWEEN THE UNION
PACIFIC RAILROAD TRACKS ON THE WEST AND OHIO STREET ON THE EAST.
BE IT ORDAINED by the governing body of the City of Salina, Kansas:
Section 1. Authori . 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. Purpose. The purpose of this ordinance is to establish a capital cost recovery
charge for the reconstruction of Schilling Road between the Union Pacific railroad tracks on the
west and Ohio Street on the east, all of which currently lies outside the corporate boundaries of the
City, (the "Schilling Road Project").
Section 3. Policy Objective. The policy objective served by this ordinance is to assign to
the benefited property a portion of the cost of the pre -annexation reconstruction of a rural standard
roadway to an urban standard arterial street in a similar manner as if the urban arterial street had
been constructed contemporaneously with development of the benefited property as an
improvement project under the Kansas General Improvement and Assessment Law.
Section 4. Legislative findings. The governing body finds that:
A. Three -lane arterial. Pursuant to an Interlocal Agreement with Saline County,
the Schilling Road Project resulted in the reconstruction of that segment of Schilling Road
as a three -lane arterial street built to city standards.
B. Benefit area. The area benefited by the Schilling Road Project consists of
an equal land area located north and south of the improved segment of Schilling Road,
containing 153.26 acres, as shown on the map attached to and incorporated within this
ordinance as Map 1 (the "Benefit Area"). The Benefit Area is presently used for agricultural
purposes, but is designated as a primary growth area in the city's Comprehensive Plan. The
Benefit Area is identified on the land use plan as suitable for light industrial/business park
development south of Schilling Road and for residential development north of Schilling
Road. Although the portion of the Benefit Area lying north of Schilling Road currently
includes two separately owned tracts, the rational development plan for that property is
reasonably predicted to include access to Schilling Road as a primary means of ingress to
and egress from the entire residential development.
C. Benefits to Benefit Area. The Schilling Road Project benefits the Benefit
Area by (1) enhancing the prospects for its urban development by elevating the status of the
roadway from a rural design standard to an urban design standard, and (2) providing nearby
access to and from the Benefit Area in anticipation of the vehicular traffic to be generated
as a result of its development.
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:
"Streets
1. The cost of construction of local streets, including two (2) curbs and
related storm drains, shall be assessed 100% to the property within the benefit
district. The benefit district shall include those properties as provided by statute.
2. The costs of construction of collector and arterial streets shall be
distributed whereby property within the benefit district shall pay the cost equivalent
of a local street and the city -at -large shall pay the cost of any excess width or
thickness to meet city standards and specifications. The costs of collector and
arterial street construction where total access control is required by or dedicated to
the city will be paid in full by the city-at-large.
3. The cost of improvements of direct benefit to adjacent property such
as curb cuts, driveways, frontage roads, special turn lanes, etc., shall be assessed
100% to the benefited property."
E. Fairness in relation to other properties within the City. Consistent with the
City policy regarding the distribution of costs for financing of public streets set forth above,
�-- the proportion of the Schilling Road Project cost attributable to the Benefit Area should be
equivalent to the cost of constructing a standard two-lane residential street, which has been
determined to be $251,377. The public interest is most fairly served by the assignment of
that cost to the Benefit Area as such costs would be assigned to similarly situated properties
located elsewhere within the City.
F. Method of Allocation. Since the area is presently unplatted, it is most
reasonable to base the capital cost recovery charge on square footage of land area to be
developed. The Benefit Area includes 6,677,748 square feet, resulting in a per square foot
charge of $.0376.
G. Ohio Street. As a result of being subject to the charge imposed pursuant to
this ordinance, property within the Benefit Area should neither be specially assessed nor
required to pay a charge or fee in conjunction with the future reconstruction of Ohio Street.
Section 5. Imposition of charge. After the effective date of this ordinance, any owner of
land who seeks to develop property located within the Benefit Area shall be required to pay a capital
cost recovery charge of $.0376 per square foot (the "Capital Cost Recovery Charge").
Section 6. Payment of charge. Prior to the development of any tract of land subject to the
Capital Cost Recovery Charge, the owner must pay to the City the Capital Cost Recovery Charge
ti-- applicable to the square footage included within the tract to be developed. For purposes of this
ordinance, "development" shall mean either final approval of a subdivision plat by the City, or, if
approval of a subdivision plat by the City is not required for any reason, then upon the first to occur
of either annexation of the property into the corporate limits of the City or connection to the water
or sewer system of the City. When the public interest is served by a reasonable delay in payment
of the lump sum Capital Cost Recovery Charge, the governing body may approve an agreement
with the owner specifying when the lump sum payment shall be made and any other relevant terms
or conditions.
Section 7. Future reconstruction of Ohio Street. As a result of being subject to the Capital
Cost Recovery Charge, property within the Benefit Area shall neither be specially assessed nor
required to pay a charge or fee in conjunction with the future reconstruction of Ohio Street.
Section 8. 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
(101/o) 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
r' approved by a majority of the electors voting thereon.
Introduced: December 17 1997
Passed: December 8, 1997
Passed by a vote of S yes; o no; _ abstain:
{SEAL}
6JuA EST- tin M. Seato, Mayor
D. ng, CMC, Ci Clerk
MAP 1
SCHILLING ROAD
------------ BENEFIT DISTRICT
BOUNDARY
,;�1 Inch = 400 Feet
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SCHILLING ROAD
------------ BENEFIT DISTRICT
BOUNDARY
,;�1 Inch = 400 Feet