ORDINANCE NO. 1729
AN ORDINANCE CREATING A COMMUNITY IMPROVEMENT DISTRICT IN THE CITY OF GOODLAND, KANSAS; AUTHORIZING CERTAIN IMPROVEMENT PROJECT THEREIN; APPROVING THE ESTIMATED COSTS OF SUCH IMPROVEMENT PROJECT; CONTAINING THE LEGAL DESCRIPTION AND MAP OF THE BOUNDARIES OF THE DISTRICT; LEVYING A COMMUNITY IMPROVEMENT DISTRICT SALES TAX; AND APPROVING THE METHOD OF FINANCING THE IMPROVEMENT PROJECT.
WHEREAS, the governing body of the City of Goodland, Kansas (the “City”), has heretofore received a Petition pursuant to K.S.A. 12-6a26 et seq. (the “Act”) and adopted Resolution No. 1554 of the City, containing the time and place of a public hearing on the advisability of creating a community improvement district (the “Community Improvement District”), the general nature of proposed improvement project within the Community Improvement District (the “Project”), the estimated costs of the Project, the proposed method of financing the Project, the proposed amount a sales tax within the Community Improvement District, the proposed method of assessment, if any, and a map and legal description of the proposed Community Improvement District; and
WHEREAS, Resolution No. 1554 was published twice in The Goodland Star-News, the official City newspaper, on October 29 and November 5, 2019; and
WHEREAS, the governing body has heretofore on this date conducted a public hearing on advisability of creating the Community Improvement District; and
WHEREAS, the governing body hereby finds and determines it to be advisable to adopt this Ordinance to create the Community Improvement District, authorize the Project therein, approve the estimated costs of such improvement Project, contain the legal description and map of the boundaries of the Community Improvement District, levy a community improvement district sales tax and approve the method of financing the improvement Project, all in accordance with the provisions of the Act.
THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF GOODLAND, KANSAS:
SECTION 1. Creation of Community Improvement District; Legal Description and Map.
The governing body hereby finds and determines that it is advisable to create, in accordance with the provisions of the Act, the Community Improvement District. The legal description of the Community Improvement District is as follows: Lots 1 and 2, Block 2, Goodland Truck Stop Addition to the City of Goodland, Kansas.
A map of the property contained in the Community Improvement District is set forth on Schedule I attached hereto and incorporated by reference herein.
SECTION 2. Authorization of Community Improvement District Project; Estimated Costs.
The governing body hereby authorizes the improvement Project within the Community Improvement District, as more fully described below: Raze and rebuild of an existing travel store facility, to include:
- Site development and paving
- New approximately 8,100 square feet 24-7 travel store incorporating:
- 2,100 square feet dedicated to a nationally recognized food concept
- 6,000 square feet Travel Store, including petroleum equipment and canopies, dog park and rest area and signs
The estimated acquisition and construction costs of the proposed Project are $4,955,000.
SECTION 3. Method of Financing.
(a) The costs of the proposed Project are proposed to be financed by “Pay-as-you-go financing,” as defined in K.S.A. 12-6a27, and paid from the fund of the City identified in K.S.A. 12-6a34. It is estimated that the City will pay $1,000,000 to the petitioner/property owner, or its successor(s) or a related business entity, which amount shall not be limited in amount by this Ordinance authorizing the Project.
(b) There will be no special assessments levied on property within the boundaries of the Community Improvement District.
SECTION 4. Levy of Sales Tax. In order to provide funds to finance the costs of the Project, the levy, in accordance the provisions of the Act, of a community improvement district sales tax within the Community Improvement District, in an amount of 2% on the selling of tangible personal property at retail or rendering or furnishing services within the Community Improvement District (the “Sales Tax”), is authorized and directed. The collection of the Sales Tax shall commence on January 1, 2021, or as soon as possible thereafter, and shall expire 22 years from such commencement date. The Sales Tax shall be administered, collected and subject to the provisions of K.S.A. 12-187 et seq. The City Clerk, upon adoption of this Ordinance, shall provide a certified copy of the same to the State Director of Taxation pursuant to K.S.A. 12-189.
SECTION 5. Effective Date. This Ordinance shall take effect and be in full force from and after its adoption by the governing body of the City and publication in the official City newspaper.
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PASSED by the governing body of the City of Goodland, Kansas, on November 18, 2019 and SIGNED by the Mayor.