96-9766 Comp Fee Schedule(Published in The Salina Journal November F , 1996)
ORDINANCE NUMBER 96-9766
AN ORDINANCE LEVYING THE ANNUAL BUSINESS IMPROVEMENT
DISTRICT SERVICE FEES FOR 1997 APPLICABLE TO ALL BUSINESSES
LOCATED WITHIN THE SALINA BUSINESS IMPROVEMENT DISTRICT NUMBER 1;
AND REPEALING ORDINANCE NUMBER 95-9711.
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 1997; 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, 1997, 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 $160.00
Area 2 80.00
Area 3 40.00
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 1997 as recommended by the BID Advisory Board.
Section 3. That the above annual BID service fees are levied
effective January 1, 1997, but may be paid as follows:
a. Annual fees of less than $100 are payable in one lump sum on
January 1, 1997.
b. Annual fees of $100 to $300 may be paid in quarterly payments
due January 1, April 1, July 1, and October 1, 1997.
C. Annual fees in excess of $300 may be paid in monthly
installments due on the first day of each month commencing
January 1, 1997.
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 share 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 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.
C. 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 95-9711 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)
ATTEST:
Z.
CMC, Cit Clerk
Introduced: October 28, 1996
Passed: November 5, 1996
�,Maxwell, Mayor