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Resolution 19-1015A for City of Ellsworth to consider additions to TIF District

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(First Published in the Ellsworth County Independent-
Reporter, November 14, 2019)
    
RESOLUTION NO. 19-1015A

A RESOLUTION OF THE GOVERNING BODY OF 
THE CITY OF ELLSWORTH, KANSAS DETERMINING THAT THE CITY IS CONSIDERING ADDITIONS OF AREAS TO A PREVIOUSLY ESTABLISHED REDEVELOPMENT DISTRICT WITHIN THE CITY, ESTABLISHING THE DATE AND TIME OF A PUBLIC HEARING ON SUCH MATTER, AND PROVIDING FOR THE GIVING OF NOTICE OF SUCH PUBLIC HEARING.

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”); and
WHEREAS, the Act provides that additional areas may be added to the Redevelopment District, provide that prior to the addition of any area to the Redevelopment District, the governing body of the City must adopt a resolution stating that the City is considering the addition of such areas to the Redevelopment District, which resolution shall: (1) Give notice that a public hearing will be held to consider the addition of areas to the Redevelopment District and fix the date, hour and place of such public hearing, (2) describe the areas to be added to the Redevelopment District and the resulting proposed boundaries of the Redevelopment District, (3) describe a proposed revisions to the district plan (the “Plan”) that identifies all of the proposed redevelopment project areas and that identifies in a general manner all of the buildings and facilities that are proposed to be constructed or improved in each redevelopment project area, (4) state that a description and map of the areas proposed to be added to the Redevelopment District are available for inspection at a time and place designated, and (5) state that the governing body will consider findings necessary for the addition of areas to the Redevelopment District; and
WHEREAS, notice of such public hearing shall be given by delivering a copy of such resolution to the board of county commissioners of the county and the board of education of any school district levying taxes on property within the areas proposed to be added to the Redevelopment District, and by mailing a copy of such resolution via certified mail to each owner and occupant of land within the areas proposed to be added to the Redevelopment District not more than 10 days following the date of the adoption of such resolution 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 shall include a sketch clearly delineating the areas proposed to be added to the Redevelopment District in sufficient detail to advise the reader of the particular land proposed to be added to the Redevelopment District; and
WHEREAS, upon the conclusion of such public hearing, the governing body may: (1) pass an ordinance finding that the areas proposed to be added to the Redevelopment District are eligible areas, and that conservation, development or redevelopment of such area is necessary to promote the general and economic welfare of the City; (2) contain the district Plan, as approved; and (3) establish the additional areas as part of the Redevelopment District by ordinance; 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 or the board of education 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 the Redevelopment District will have an adverse effect on such county or school district; and
WHEREAS, the governing body of the City has been presented areas proposed to be added to the Redevelopment District within areas of the City which may meet the standards required by the Act and desires to call and conduct a public hearing under the provisions of the Act in order to determine whether it is advisable to add areas to the Redevelopment District pursuant to the Act.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ELLSWORTH, KANSAS:
Section 1. Proposed Additional Areas of Redevelopment District. The areas proposed to be added to the Redevelopment District shall consist of the real estate legally described as follows:
• Minnick’s 2nd Addition, Acres 13.1, All Blocks 5-8, All Block 10, West ½ Block 11 & Adjacent Vacant Streets
• 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 08W
• Aylward III Addition Lots 1-9, Section 16 Township 15 Range 08W
• 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
• Aylward III Addition Lots D, Acres 2.9, Section 16 Township 15 Range 08W
•  Aylward II Addition Lots 4, Section 16 Township 15 Range 08W
•  Aylward II Addition Lots 5, Acres 1.4, Section 16 Township 15 Range 08W
•  Aylward II Addition Lots 6, Acres 1.2, Section 16 Township 15 Range 08W
•  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 08W
•  Legion Addition, Acres 3.0, Lot Block Information, all less right-of-way Section 16 Township 15 Range 08W
•  Blake’s Addition, All of Block 27 & Vacated Alley
•  Blake’s Addition, Block 28, beginning Northwest Corner Lot 8-Block 28, Thence east 25’, southeast 180’, southwest 250’, west 40.2’ to point of beginning
•  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
•  Canren Addition Lots 32-65
which real estate is generally described as being located in areas of the City:
    An area bounded on the east by Evans Street, on the north by 8th Street, on the west by Highway 156 on the south by 2nd Street; 
• 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
• 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
• 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
•    
and as identified on the map attached hereto as Exhibit A, which is incorporated herein by reference.
Section 2. Proposed Addition to District Plan. The proposed additions to the Redevelopment District Plan that identifies all of the redevelopment project areas and identifies in a general manner all of the buildings and facilities that are proposed to be constructed or improved in each redevelopment area is set forth in Exhibit B attached hereto and incorporated herein by reference.
Section 3. Public Hearing.  A public hearing is hereby established to be held at the City Hall, 121 West First Street, Ellsworth, Kansas, on November 25, 2019, at 5:15 p.m. At the public hearing, the governing body will receive public comment on the proposed addition of areas to the Redevelopment District, and will, after the conclusion of such public hearing, consider the findings necessary for the addition of such areas to the Redevelopment District.
Section 4. Notice.  The City Clerk is hereby authorized and directed to provide for notice of the public hearing by taking the following actions:
    (a) A copy of this resolution and the Redevelopment District Plan shall be delivered to the Board of County Commissioners of Ellsworth County, Kansas and the Board of Education of U.S.D. No. 327 within 10 days of this date;
    (b) Copies of this resolution shall be mailed by United States certified mail to each owner and occupant of land within the areas proposed to be added to the Redevelopment District within 10 days of the adoption of this resolution; and
    (c) This resolution, specifically including Exhibits A and B attached hereto, shall be published once in the official newspaper of the City not less than one week nor more than two weeks preceding the date of the public hearing.
Section 5. Public Records. The documents referenced herein are public records and are available for public inspection during regular office hours in the office of the City Clerk.
Section 6. Further Action.  The Mayor, City Clerk and other officials and employees of the City, including the City Attorney, and the City’s 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 resolution.
ADOPTED by the governing body of the City of Ellsworth, Kansas on October 15, 2019.

[SEAL]

/s/ Alan Stefek, Mayor

Attest:

 /s/ Patti Booher, City Clerk
 

.....................................................

EXHIBIT A — MAP OF AREAS PROPOSED TO BE ADDED TO REDEVELOPMENT DISTRICT

(See map)

 

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EXHIBIT B — PROPOSED REDEVELOPMENT PLAN
SECTION 1:  PURPOSE
Ellsworth Redevelopment District 2011 will be a tax increment financing redevelopment district formed pursuant to Kansas statute.  K. S. A. 12-1771(a) (3) requires any city proposing to establish a redevelopment district to adopt a redevelopment plan that identifies all of the proposed redevelopment project areas and that identifies in a general manner all of the buildings and facilities that are proposed to be constructed or improved in each redevelopment project area. 
SECTION 2:  DESCRIPTION OF TAX INCREMENT INCOME
Property tax increment financing involves the creation of an increment (increase over a base value) in the real estate taxes that are generated from a defined geographic area of a community.  Upon establishment of a redevelopment district, the total assessed value of all taxable real estate within the district is determined.  As new development occurs within the redevelopment district, increases in the assessed value of the district, including a portion of those increases that otherwise would be paid to other taxing entities, are collected by the county treasurer and distributed to the city to be deposited in a special tax increment fund.  A similar increment can be created from increases in sales tax collected in the district.  These funds can be used to pay for the construction of public infrastructure and other development costs in the redevelopment district, and to retire bonds issued by the city to fund development projects in the district.  The statutory requirements for a tax increment financing redevelopment district are set forth in K.S.A. 12-1770 through 12-1780g.
SECTION 3:  REDEVELOPMENT NEEDS
Ellsworth Redevelopment District 2011 is within the city limits of Ellsworth, Kansas.  The redevelopment district needs include public water supply and sanitary sewer line improvements, including lift stations; and street, curb and gutter improvements, including landscaping, drives and approaches, sidewalks, street lights and storm sewer improvements.
In addition to the foregoing, the redevelopment needs include public parking, stormwater drainage, and public park space improvements.  
SECTION 4:   REDEVELOPMENT PLANS
Initial redevelopment plans for Ellsworth Redevelopment District 2011 include the following:
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 the redevelopment district, to be potentially located near the bank.
In addition to the foregoing, the redevelopment project plans include mix use community development, infrastructure upgrades to accommodate commercial and industrial development in the proposed district expansion areas.
SECTION 5:  PROCEDURE
Redevelopment projects that are within the scope of this comprehensive plan will be presented to the Governing Body in segments through the adoption of separate Redevelopment Plans.  Each Redevelopment Plan will identify specific project areas located within Ellsworth Redevelopment District 2011 and will include detailed descriptions of the projects as well as financial feasibility studies.  All Redevelopment Plans will be developed in consultation with the city Planning Commission.  Notice will be given to interested parties as required by statute, and a public hearing will be held.  Statutory processes will be followed to authorize payment of development costs or issuance of special obligation bonds or full faith and credit tax increment bonds to finance Redevelopment Plans approved by the Governing Body.
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