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92-9494 Ad Valorem ExemptionKuh. CO% Printing — S101. Kansas REPEALED (Published in The Salina Journal February d? U , 1992) ORDINANCE NUMBER 92-9494 AN ORDINANCE EXEMPTING CERTAIN PROPERTY OWNED BY WYATT FOUNDRY, INC. LOCATED AT 601 IDLEWILDE PLACE, SALINA, KANSAS, FROM AD VALOREM TAXATION AND PROVIDING FOR CERTAIN IN LIEU OF TAX PAYMENTS AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT AMENDING SECTION 7.6 "PAYMENT IN LIEU OF TAXES" OF THE LEASE BY AND BETWEEN THE CITY OF SALINA, KANSAS AND WYATT FOUNDRY, INC. DATED JUNE 1, 1991. IKansas: BE IT ORDAINED by the Governing Body of the City of Salina, Section 1. That the governing body hereby ratifies its May 6, 1991 adoption of Resolution Number 91-4300 granting Wyatt Foundry, Inc. exemption from ad valorem taxes for property to be located at or about 601 Idlewilde Place, Salina, Kansas under terms of the City of Salina Tax Exemption Policy and the conditions set out herein, all pursuant to Section 13 of Article 11 of the Kansas Constitution and K.S.A. 79-251. Section 2. That the tax exemption shall apply to buildings and improvements constructed and equipment and machinery purchased between May 6, 1991 and November 6, 1992 for facilities located on the following described property: The East Half of Lot Three (3) , all of Lots Four (4) , Eight (8) , Nine (9) , Ten (10) and Eleven (11) , all in White Acres in the City of Salina, Saline County, Kansas. Section 3. The governing body finds and makes a factual determination that the exemption herein granted for tangible personal property is required to retain jobs in the State of Kansas. Section 4. That no exemption shall be granted for taxes due on the above described land nor any existing building and improvements located thereon as of May 6, 1991. Section 5. That the percentage of tax exemption shall be based upon actual capital investment expenditures for new buildings and equipment and the number of new full-time employees added above the base employment of 249 prior to project completion. Said percentage tax exemption shall be established by subsequent ordinance of the Board of Commissioners. Section 6. That the tax exemption shall be for a term of ten (10) years with the total exemption due granted for years one (1) through five (5) and one-half (1/2) of the total exemption due granted for years six (6) through ten (10). Kinn -C- Printing — Salina. Kansas Section 7. That the amount of property taxes not exempted or equivalent payments in lieu of taxes shall be paid annually to the County Treasurer. The County Treasurer shall distribute said payment to affected taxing jurisdictions according to the provisions of K.S.A. 12-148. Failure to fully make such payments when due shall be deemed grounds for the revocation of said tax exemption. Section 8. That the applicant shall submit an annual report as required by the City of Salina Tax Exemption Policy by January 15 of each year for as long as the exemption remains in effect. Section 9. That the applicant shall be responsible for filing the appropriate tax exemption claim forms as required by the statutes of the State lof Kansas. Section 10. That the Board of Commissioners shall have the right Ito revoke this tax exemption for failure to comply with the terms and conditions of this ordinance or the provisions of the City of Salina Tax Exemption Policy. Section 11. That the Mayor is authorized to execute an agreement amending Section 7.6 "Payment in Lieu of Taxes" of the Lease by and between the City of Salina, Kansas and Wyatt Foundry, Inc. dated June 1, 1991 to provide as follows: "Section 7.6. Payments in Lieu of Taxes. As long as the terms of the Issuer's Tax Exemption Policy set forth in Resolution No. 91-4265 and Resolution No. 91-4300 as ratified by Ordinance No. 92-9494 are met and maintained, no payment in lieu of taxes will be required from the Tenant for the Project as purchased, constructed or equipped with the proceeds of the Bonds for the five (5) year period of 1993 to 1997, inclusive. Subject to the same condition, the amount of the payment in lieu of taxes for the years 1998 to 2002, inclusive, shall be one-half of the taxes which would have been levied against the Project were it not for the Constitutional property tax exemption granted by the Issuer. Such payments shall be made at the times (and with privilege for payment of one-half amounts) that ad valorem taxes are due. If the conditions referred to in this Section are not met or maintained, the Issuer reserves the right to modify the payments in lieu of taxes in accordance with its Resolution Nos. 91-4265 and 91-4300 as ratified by Ordinance No. 92-9494. No payment in lieu of taxes will be required for any year in which the Project is subject to full ad valorem taxation." Kuhn -Cox Printing — Salina, Kansa, Section 12. That this ordinance shall take effect and be in full force from and after its adoption and publication once in the official city newspaper. Introduced: February 24, 1992 Passed: February 24, 1992 Stephen C. Ryan, Mayor ( SEAL) - II ATTEST : ,,, SL Jacquiline Shiever, City Clerk