City of Ellsworth TIF District Ordinance

(First Published in the Ellsworth County Independent/
Reporter, January 23, 2020)

ORDINANCE NO. 3100

AN ORDINANCE OF THE GOVERNING BODY 
OF THE CITY OF ELLSWORTH, KANSAS, ADDING AREAS TO AN EXISTING REDEVELOPMENT DISTRICT WITHIN 
THE CITY AND MAKING CERTAIN FINDINGS IN 
CONJUNCTION THEREWITH (ELLSWORTH 
REDEVELOPMENT DISTRICT 2011).

WHEREAS, the City of Ellsworth, Kansas (the "City") desires to promote, stimulate and develop the general and economic welfare of the City and the State of Kansas by providing for the development and redevelopment of blighted areas, deteriorating areas which are not yet blighted but may be so in the future and enterprise zones which are located within the City; and
WHEREAS, pursuant to the provisions of K.S.A. 12 1770 et seq., as amended (the "Act"), the City has, by Ordinance No. 3021, previously established a redevelopment district within defined areas of the City that were found to be within an “enterprise zone,” as said term is defined in the Act (the “Redevelopment District 2011”); and
WHEREAS, the governing body adopted Resolution No. 19-1015A, which proposed additional areas to be added to Redevelopment District 2011, which, in accordance with the provisions of the Act, stated that the City is considering the addition of such areas to Redevelopment District 2011, which Resolution: (1) gave notice that a public hearing was to be held to consider the addition of areas to Redevelopment District 2011 and fixed the date, hour and place of such public hearing, (2) described the areas to be added to Redevelopment District 2011 and the resulting proposed boundaries of Redevelopment District 2011, (3) described a proposed revision to the district plan (the “Plan”) that identified all of the proposed redevelopment project areas and that identified in a general manner all of the buildings and facilities that are proposed to be constructed or improved in each redevelopment project area, (4) stated that a description and map of the areas proposed to be added to Redevelopment District 2011 were available for inspection at a time and place designated, and (5) stated that the governing body will consider findings necessary for the addition of areas to Redevelopment District 2011; and
WHEREAS, notice of such public hearing was given by delivering a copy of such resolution Board of County Commissioners of Ellsworth County, Kansas and the Board of Education of U.S.D. No. 327, and by delivering or mailing a copy of such resolution via certified mail to each owner and occupant of land within the areas proposed to be added to Redevelopment District 2011 and by publishing a copy of such resolution once in the official City newspaper not less than one week or more than two weeks preceding the date fixed for the public hearing, which publication included a sketch clearly delineating the areas proposed to be added to Redevelopment District 2011 in sufficient detail to advise the reader of the particular land proposed to be added to Redevelopment District 2011; and
WHEREAS, the governing body held such public hearing on November 25, 2019, and the governing body may now pass an ordinance (1) finding that the areas proposed to be added to Redevelopment District 2011 are eligible areas, and that conservation, development or redevelopment of such areas are necessary to promote the general and economic welfare of the City; (2) containing the district Plan, as approved; and (3) establishing the additional areas as part of Redevelopment District 2011; provided that no privately owned property subject to ad valorem taxes shall be acquired and redeveloped under the provisions of the Act, if the Board of County Commissioners of Ellsworth County, Kansas and the Board of Education of U.S.D. No. 327 levying taxes on such property determines by resolution adopted within 30 days following the conclusion of the hearing that the proposed addition of the areas to Redevelopment District 2011 will have an adverse effect on the County or School District; and
WHEREAS, more than 30 days have passed since the conclusion of the foregoing public hearing, and the City has not received a copy of any resolution finding that the addition to Redevelopment District 2011 of any area described in Resolution No. 19-1015A will have an adverse effect on Ellsworth County or Unified School District No. 327, respectively; and
WHEREAS, the governing body has received and reviewed evidence that the proposed areas to be added either (a) were designated as an enterprise zone prior to July 1, 1992, pursuant to K.S.A. 12-17,107 through 12-17,113, and amendments thereto, prior to its repeal, and the conservation, development or redevelopment of the area is necessary to promote the general and economic welfare of the City (an “Enterprise Zone”) or (b) are “blighted areas,” as defined in K.S.A. 12-1170a; and
WHEREAS, upon and considering the information and public comments received at the public hearing previously conducted, the governing body hereby deems it advisable to make certain findings and to add areas to Redevelopment District 2011; and
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ELLSWORTH, KANSAS:
Section 1. Findings. The governing body hereby finds that notice of the public hearing conducted this date was made in accordance with the provisions of the Act, or was duly acknowledged.  The governing body hereby further finds that Tracts 4, 5, 6, 8 and 9, as described on Exhibit A hereto, constitute Enterprise Zone areas and are therefore each an "eligible area" (as said term is defined in the Act), .
 The governing body also hereby further finds and determines that Tracts 3, 7 and 10, as described on Exhibit A hereto, are each a "blighted area," and are therefore each an "eligible area," as said terms are defined in the Act, because the following factors related to such Tracts substantially impair or arrest the sound development and growth of the City, constitute an economic liability and are a menace to the public health, safety and welfare in its present condition and use: (1) a substantial number of deteriorated or deteriorating structures; (2) predominance of defective or inadequate street layout; (3) unsafe conditions; (4) deterioration of site improvements; (5) improper subdivision, obsolete platting and land use; (6) the existence of conditions which endanger life or property by fire and other causes; (7) conditions which create economic obsolescence; and (8) a majority of the property in a tract is a 100-year floodplain area.
Based on the foregoing findings, the conservation, development or redevelopment of Tracts 3, 4, 5, 6, 7, 8, 9 and 10, as described on Exhibit A hereto, is necessary to promote the general and economic welfare of the City
Section 2. Addition of Property to Redevelopment District. Tracts 3, 4, 5, 6, 7, 8, 9 and 10, as described on Exhibit A hereto, are hereby added to Redevelopment District 2011 previously created within the City, in accordance with the provisions of the Act.  A map depicting the general location of Redevelopment District 2011, including Tracts 3, 4, 5, 6, 7, 8, 9 and 10, is attached hereto as Exhibit B and incorporated herein by reference.  The Tracts of real property hereby added to Redevelopment District 2011 do not contain any property not referenced in Resolution No. 19-1015A, which provided notice of the public hearing on the addition of areas of property to Redevelopment District 2011.
Section 3. Redevelopment District Plan. The preliminary plan for Redevelopment District 2011 (the "District Plan") is substantially unchanged, and is hereby ratified and approved.  The District Plan is hereby made applicable to Tracts 3, 4, 5, 6, 7, 8, 9 and 10, and is now described in a general manner as follows: 
    In addition to the new construction for a bank 
    and agricultural equipment distributor, we 
    anticipate potential lots for residential housing 
    developments (both single family and 
    possibly multi family), utility improvements for 
    water and sewer, roadway platting and 
    surfacing, curb and gutter, landscaping, etc. 
    The City anticipates further commercial 
    development along the north side of 
    Redevelopment District 2011, to be potentially 
    located near the bank, and in Tracts 3 through 
    10 identified in Exhibit A hereto.
Section 4. Approval of Other Governmental Units. As of this date, the City has not received a copy of any resolution finding that the addition to Redevelopment District 2011 of Tracts 3, 4, 5, 6, 7, 8, 9 and 10, as described on Exhibit A hereto, will have an adverse effect on Ellsworth County or Unified School District No. 327, respectively.
Section 5. Reimbursement. The Act authorizes the issuance by the City to issue special obligation bonds (the "Bonds") to finance all or a portion of the costs of implementing the District Plan.  With respect to Tracts 3, 4, 5, 6, 7, 8, 9 and 10, as described on Exhibit A hereto, Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of passage of this Ordinance, pursuant to Treasury Regulation §1.150-2.
Section 6. Further Action.  The Mayor, City Clerk and other officials and employees of the City, including the City Attorney, the City’s Financial Advisor, and Gilmore & Bell, P.C., Bond Counsel, are hereby further authorized and directed to take such other actions as may be appropriate or desirable to accomplish the purposes of this Ordinance.
Section 7. Effective Date. This Ordinance shall be effective upon its passage by the governing body of the City of Ellsworth, Kansas and publication one time in the official City newspaper.
PASSED by the governing body and APPROVED by the Mayor of the City of Ellsworth, Kansas on January 13, 2020.

[SEAL]

/s/ Mark Kennedy, Mayor

Attest:

/s/ Patti Booher, City Clerk

CERTIFICATE

I, the undersigned, hereby certify that the above and foregoing is a true and correct copy of the original Ordinance No. 3100 (the "Ordinance") of the City of Ellsworth, Kansas (the "City"); that said Ordinance was passed by the governing body on January 13, 2020; that the record of the final vote on its passage is found on file in my office; that it was published in the official newspaper of the City on January 23, 2020; and that the Ordinance has not been modified, amended or repealed and is in full force and effect as of this date.
DATED: January 13, 2020.

/s/ Patti Booher, City Clerk

...

EXHIBIT A

LEGAL DESCRIPTION 
OF REDEVELOPMENT DISTRICT 2011

The First Bank Kansas Addition to the City of Ellsworth, Ellsworth County, Kansas; and

The West Half of the Southeast Quarter (W/2 SE/4) of Section Twenty-one (21), Township Fifteen (15) South, Range Eight (8) West of the 6th P.M., in Ellsworth County, Kansas, except the following two tracts:
Tract 1
A tract of land in the West Half of the Southeast Quarter of Section 21, Township 15 South, Range 8 West, Ellsworth County, Kansas, described as follows:  Beginning at a point on the Quarter Section line 787.00’ North of the South Quarter corner of said Section 21; thence North along the Quarter Section line on an assumed bearing of N 0° 21’ 39” E, for a distance of 1170.24’; thence Northeast along the existing Highway Right of Way, on a bearing of N 67° 15’ 24” E, for a distance of 32.77’; thence North Northeast along the existing Highway Right of Way on a bearing of N 10° 15’ 24” E, for a distance of 644.30’; thence East Northeast along the existing Highway Right of Way, on a bearing of N 85° 27’ 24” E, for a distance of 125.19’; thence Southwest on a bearing of S 20° 20’ 20” W, for a distance of 660.29’; thence South parallel to the Quarter Section line, on a bearing of S 0° 21’ 39” W, for a distance of 1207.96’; thence West on a bearing of N 89° 38’ 21” W, for a distance of 40.00’, to the Point of Beginning. The above tract contains 1.986 acres, more or less; and
Tract 2
All of Country Acres Addition to the City of Ellsworth, Kansas, being a tract of land described as follows:  A tract of land located in the West Half of the Southeast Quarter (W/2 SE/4) of Section Twenty-one (21), Township Fifteen (15) , South, Range Eight (8) West of the 6th P.M., described as follows:  Commencing at the Southwest corner of said tract; thence North along the Quarter Section line, for a distance of 787’; thence East parallel to the South Section line, for a distance of 720’; thence South parallel to the Quarter Section line, a distance of 787’ to the South line of said Section 21; thence West along the South line of said Section to the Point of Beginning, being a distance of 720’, subject to Oil and Gas Lease appearing in Volume 55 of Oil & Gas, at Page 80.
The following tracts have been added to Redevelopment District 2011, pursuant to Ordinance No. 3100:
Tract 3
Minnick’s 2nd Addition, Acres 13.1, All Blocks 5-8, All Block 10, West ½ Block 11 & Adjacent Vacant
Tract 4
Hospital Addition, Acres 8.1, Beginning 640’ north & 193.4’ west of Southwest corner Legon Addition, thence west 190.5’, north 171.5’, northwest 100’, west 95’, south 243’, west 362.8’, north 545.9’, east 714.6’, south 548’ to point of beginning Section 16 Township 15 Range
Tract 5
Aylward III Addition Lots 1-5, 9, Section 16 Township 15 Range; Aylward III Addition Lots 6-8, Section 16 Township 15 Range; Aylward III Addition, Acres 0.9, north 180’ of Lot B; Aylward III Addition Acres 1.6, beginning northwest corner of Lots C, thence east 212’, south 482.3’, northwest 369.24’, north 180’ to point of beginning; and Aylward III Addition Lots D, Acres 2.9, Section 16 Township 15 Range
Tract 6
Hospital Addition, Acres 1.7, Beginning southwest corner Legion Addition, thence west 133.4’, north 580’ to point of beginning Section 16 Township 15 Range
Tract 7
Legion Addition, Acres 3.0, Lot Block Information, all less right-of-way, Section 16 Township 15 Range
Tract 8
Section 29, Township 15, Range 08W, Acres 28, beginning 943.7’ west of southeast corner Southwest ¼, thence west 300.34’, north 1,182.69’, east 1,286.17’, south 723.78’, west 120.33’ to Highway Right-of-Way, Southwest 418.34’, southwest 499.13’, southwest 55.95’ to point of beginning less right-of-way
Tract 9
Blake’s Addition, beginning 30’North of Northeast Corner Block 20, Thence West 150’, Northeasterly 419’, Northeasterly 60’, South 440’ to point of beginning less right-of-way; and Blake’s Addition, beginning 30’North of Northeast Corner Lot 3-Block 20, Thence West 257’, Northeasterly 191’, East 150’, South 160’ to point of beginning less right-of-way
Tract 10
Blake’s Addition, Acres 5.8, beginning Southeast Corner Block 21, Thence West 671’, Northeasterly 702’, East 257’, South 570’ to point of beginning less right-of-way
The foregoing are areas:
    Bounded on the west by a line that is approximately 520 feet west of Aylward Avenue, on the north by O’Donnell Drive, on the east by Aylward Avenue and on the south by 15th Street; and an area bounded on the west by Evans Street, on the north by 8th Street, on the east by a line that is approximately 1,200 feet east of Evans Street and on the south by City Boundary, except for the Reber Addition to the City;
    Bounded on the east by Evans Street, on the north by 8th Street, on the west by Highway 156 on the south by a line extending east from 3rd Street;
    Bounded on the east by K-14 Highway, on the south by 14th Road/Avenue L, on the north by a line that is approximately 1,200 feet north of 14th Road/Avenue L, and on the west by a line that is approximately 1,250 feet west of K-14 Highway;
    Located southeast of the intersection of Avenue J/West 15th Street and 14th Road, but west of Gay Street and north of West 12th Street; and
    Located immediately adjacent to and east of Aylward Avenue, north of East 15th Street/K-140 and south of O’Donnell Drive; immediately adjacent to and west of Aylward Avenue, north of O’Donnell Drive; and immediately adjacent to and west of Frist Bank Kansas Addition to the City, both north and south of O’Donnell Drive. 

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