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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 SCOTT AV 1 RI G A Q C Ty 1.33 LIMITS 36. � O : O � N � ■ 280' i ■ ■ 2 ■ O � CO � ■ D 2565' W 37.2 to O S O 0 3 M cc ■ ■ I ■ 285' SCHILLING RD ; ■ 29.89 : CITY c LIMITS 4 ■ ■ : 2570' d 46.7 a n. a N 5 N Q) n SCHILLING ROAD ------------ BENEFIT DISTRICT BOUNDARY ,;�1 Inch = 400 Feet