ORDINANCE NO. 22-11123
AN ORDINANCE OF THE CITY OF SALINA, KANSAS, ESTABLISHING A RURAL HOUSING INCENTIVE DISTRICT WITHIN THE CITY AND ADOPTING A PLAN FOR THE DEVELOPMENT OF HOUSING AND PUBLIC FACILITIES IN SUCH DISTRICT, AND MAKING CERTAIN FINDINGS IN CONJUNCTION THEREWITH (AERO PLAINS PHASE ONE RURAL HOUSING INCENTIVE DISTRICT).
WHEREAS, K.S.A. 12-5241 et seq. (the “Act”) authorizes any city incorporated in accordance with the laws of the state of Kansas (the “State”) with a population of less than 60,000 to designate rural housing incentive districts within such city; and
WHEREAS, prior to such designation the governing body of such city shall conduct a housing needs analysis to determine what, if any, housing needs exist within its community; and
WHEREAS, after conducting such analysis, the governing body of such city may adopt a resolution making certain findings regarding the establishment of a rural housing incentive district and providing the legal description of property to be contained therein; and
WHEREAS, after publishing such resolution, the governing body of such city shall send a copy thereof to the Secretary of the Kansas Department of Commerce (the “Secretary”) requesting that the Secretary agree with the finding contained in such resolution; and
WHEREAS, if the Secretary agrees with such findings, such city may proceed with the establishment of a rural housing incentive district within such city and adopt a plan for the development or redevelopment of housing and public facilities in the proposed district; and
WHEREAS, the City of Salina, Kansas (the “City”) has an estimated population under 60,000 and therefore constitutes a city as the term is defined in the Act; and
WHEREAS, the governing body of the City (the “Governing Body”) has performed a Housing Needs Analysis (the “Analysis”), a copy of which is on file in the office of the City Clerk; and
WHEREAS, the Governing Body adopted Resolution No. 22-8050 on May 16, 2022, which made certain findings relating to the need for financial incentives relating to the construction of quality housing within the City, declared it advisable to establish a rural housing incentive district pursuant to the Act, and authorized the submission of such resolution and the Analysis to the Kansas Department of Commerce in accordance with the Act; and
WHEREAS, the Secretary of the Kansas Department of Commerce, pursuant to a letter dated April 12, 2022, authorized the City to proceed with the establishment of a rural housing incentive district pursuant to the Act; and
WHEREAS, the City has caused to be prepared a plan (the “Plan”) for the development or redevelopment of housing and public facilities in the proposed Aero Plains Phase One Rural Housing Incentive District (the “District”) in accordance with the provisions of the Act; and
WHEREAS, the Plan includes:
- The legal description and map required by K.S.A. 12-5244(a).
- The existing assessed valuation of the real estate in the proposed District listing the land and improvement value separately.
- A list of the names and addresses of the owners of record of all real estate parcels within the proposed District.
- A description of the housing and public facilities project or projects that are proposed to be constructed or improved in the proposed District, and the location thereof.
- A listing of the names, addresses, and specific interests in real estate in the proposed District of the developers responsible for development of the housing and public facilities in the proposed District.
- The contractual assurances, if any, the Governing Body has received from such developer or developers, guaranteeing the financial feasibility of specific housing tax incentive projects in the proposed District.
- A comprehensive analysis of the feasibility of providing housing tax incentives in the proposed District as provided in the Act, which shows the public benefit derived from the District will exceed the costs and that the income therefrom, together with all public and private sources of funding, will be sufficient to pay for the public improvements that may be undertaken in the District.
WHEREAS, the Governing Body of the City has heretofore adopted Resolution No. 22-8050, which made a finding that the City is considering establishing the proposed District and adopting the proposed Plan pursuant to the Act, set forth the boundaries of the proposed District, provided a summary of the proposed Plan, called a public hearing concerning the establishment of the proposed District for June 27, 2022, and provided for notice of such public hearing as provided in the Act; and
WHEREAS, a public hearing was held on June 27, 2022, after notice was duly published and delivered in accordance with the provisions of the Act; and
WHEREAS, upon and considering the information and public comments received at the public hearing, the Governing Body of the City hereby deems it advisable to make certain findings to establish the proposed District and to adopt the proposed Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SALINA, KANSAS:
Section 1. Findings. The Governing Body hereby finds that notice of the public hearing conducted June 27, 2022, was duly made in accordance with the provisions of the Act.
Section 2. Creation of Rural Housing Incentive District. A Rural Housing Incentive District is hereby created within the City in accordance with the provisions of the Act, which shall consist of the following described real property:
A portion of the North Half of the Southwest Quarter of Section 35, Township 14 South, Range 3 West of the Sixth Principal Meridian, County of Saline, State of Kansas, being described by as follows:
Commencing at the center corner of said Section 35: thence N 89°45'10" W along the North line of said North Half, a distance of 327.92 feet to the intersection of said North line and the Centerline of Dry Creek, said point also being the point of beginning; thence S 01°56'22" E on said Centerline, a distance of 146.36 feet; thence S 30°47'12" W continuing on said Centerline, a distance of 413.69 feet; thence S 00°56'52" W continuing on said Centerline; a distance of 136.71 feet; thence S 10°54'41" E continuing on said Centerline, a distance of 406.12 feet; thence S 10°43'00" W continuing on said Centerline, a distance of 240.29 feet to the intersection of said Centerline and the North line of Wheatridge Addition to the City of Salina; thence N 89°38'06" W on said North line, a distance of 398.86 feet; thence N 00°19'09" E continuing on said North line, a distance of 250.32 feet; thence N 89°37'09" W continuing on said North line and it prolongation, a distance of 1718.33 feet to the intersection of said North line’s prolongation and the West right-of-way line of the Missouri Pacific Railroad, said railroad right-of-way disclaimed by Deed Book 1232, Pages 959-961 in the Office of the Register of Deeds of Saline County; thence N 00°06'43" W on said west right-of-way line, a distance of 1018.85 feet to the intersection of said west right-of-way line and the North line of said North half; thence S 89°45'10" E on said North line, a distance of 2294.62 feet to the point of beginning.
Said Tract contains 53.22 acres more or less.
Together with public rights-of-way and access easement areas adjacent thereto
The District’s boundaries do not contain any property not referenced in Resolution No. 22-8050, which provided notice of the public hearing on the creation of the District and adoption of the Plan.
Section 3. Approval of Development Plan. The Plan for the development or redevelopment of housing and public facilities in the District, as presented to the Governing Body this date, is hereby approved. In addition, the approval of the Development Agreement relating to the Aero Plains Phase One Rural Housing Incentive District between the City and the developer thereof is hereby ratified and confirmed.
Section 4. Adverse Effect on Other Governmental Units. If, within 30 days following the conclusion of the public hearing on June 27, 2022, any of the following occurs, the Governing Body shall take action to repeal this Ordinance:
(a) The Board of Education of Unified School District No. 305, Saline County, Kansas (Salina) determines by resolution that the District will have an adverse effect on such school district; or
(b) The Board of County Commissioners of Saline County, Kansas, determines by resolution that the District will have an adverse effect on such county.
As of this date, the City has not received a copy of any such resolution and is not aware of the adoption of any such resolution by the governing body of either Unified School District No. 305, Saline County, Kansas (Salina) or of Saline County, Kansas.
Section 5. Further Action. The Mayor, City Clerk, city officials and employees, including the City Attorney, and Gilmore & Bell, P.C., are hereby further authorized and directed to take such other actions as may be appropriate or desirable to accomplish the purposes of this Ordinance, including entering into an agreement with Saline County regarding the reimbursement pursuant to the Act of eligible costs funded by Saline County.
Section 6. Effective Date. This Ordinance shall be effective upon its passage by the Governing Body and publication one time in the official City newspaper.
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Trent W. Davis, M.D., Mayor
JoVonna A. Rutherford, City Clerk