News Releases

6/19/2022 - Ordinance No. 22-11116

 

ORDINANCE NO. 22-11116

 

AN ORDINANCE AMENDING AND SUPPLEMENTING ORDINANCE NO. 22-11099 EXEMPTING CERTAIN PROPERTY IN THE CITY OF SALINA, KANSAS, FROM AD VALOREM TAXATION FOR ECONOMIC DEVELOPMENT PURPOSES PURSUANT TO ARTICLE 11, SECTION 13 OF THE KANSAS CONSTITUTION; PROVIDING THE TERMS AND CONDITIONS FOR AD VALOREM TAX EXEMPTION; AND DESCRIBING THE PROPERTY SO EXEMPTED.

 

            WHEREAS, the governing body of the City of Salina, Kansas (the “City”), passed Ordinance No. 22-11099 determining that the building additions constructed by McShares, Inc. (the “Company”) and used exclusively in the Company's business of manufacturing articles of commerce should be granted tax exemption for economic development purposes; and

 

            WHEREAS, the legal description in Ordinance No. 22-11099 was not complete and accurate; and

 

            WHEREAS, the governing body of the City is amending and supplementing the legal description in Ordinance No. 22-11099;

 

            NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SALINA, KANSAS:

 

            Section 1.        Section 1 of Ordinance No. 22-11099 is deleted and replaced in its entirety by the following:

 

            Section. 1.       Grant of Exemption.  In accordance with Article 11, Section 13 of the Kansas Constitution, and pursuant to K.S.A. 79-251, Resolution No. 22-8022 of the City, the governing body of the City hereby determines that the following described property should be granted a 100% ad valorem tax exemption, provided no exemption may be granted from the ad valorem tax levied by a school district pursuant to the provisions of K.S.A. 72-53,113 and amendments thereto, and subject to proper application to and approval of the State Board of Tax Appeals, and further subject to the conditions set forth herein:

 

The building improvements constructed beginning in 2022 on the following property (the “Project”):

 

parcel 1:

a tract of land located in the northwest quarter (ne ¼) of section seven (7) township fourteen (14) south, range two (2) west of the sixth (6th) principal meridian in saline county, kansas, more particularly described as follows:

 

beginning at an iron pin at the northwest corner of lot no. 4 of the brown and brown addition as recorded in plat book a-4, page 13, in the office of the saline county register of deeds; thence north 0°00’00” east along the west line of lot no. 5 a distance of two hundred thirty and ninety-five hundredths (230.95) feet to an iron pin; thence north 89°00’00” east a distance of one hundred thirty-one and fifty four hundredths (230.80) feet to a point on the south line of lot no. 5, said point being north 88°56’00” east and one hundred thirty-one and fifty-four hundredths (131.54) feet from the point of beginning; thence south 0°00’00” east a distance of forty-three and eight-six hundredths (43.86) feet; thence north 90°00’00” west a distance of one hundred thirty-one and fifty-two hundredths (131.52) feet to the west line of lot no. 4; thence north 0°00’00” east along the west line of lot no. 4 a distance of forty-one and forty-one hundredths (41.41) feet, more or less, to the point of beginning.  said tract containing 0.83 acres, more or less, subject to utility easements and other easements, rights-of way and restrictions of record.

 

Parcel 2:

The West 203 Feet of Lot Four (4) and the west 203 feet of the south 230.95 feet of the north 385.41 feet of lot five (5), in the brown and brown addition to the city of salina, saline county, kansas, less the following described part thereof:  beginning at the northwest corner of lot four (4) of said brown and brown addition; thence north along the west line of lot five (5) of said brown and brown addition a distance of 230.95 feet to an iron pin; thence north 89°00’00” east a distance of 131.45 feet; thence south a distance of 230.80 feet to a point on the south line of said lot five (5), said point being north 88°56’00” e and 131.54 feet from the point of beginning; thence south a distance of 43.86 feet; thence west a distance of 131.52 feet to the west line of said lot four (4); thence north along the west line of said lot four (4) a distance of 41.41 feet, more or less, to the point of beginning, said tract containing 0.83 acres, more or less.

 

parcel 3:

all of lot four (4) except the west 203 feet thereof, and the east 137 feet of the west 340 feet of the south 230.95 feet of the north 385.41 feet of lot five (5) in the brown and brown addition to the city of salina, saline county, kansas; and a permanent non-exclusive easement for inGress and egress over the east 30 feet of the west 203 feet of said lot four (4) and the east 30 feet of the west 203 feet of the south 230.95 feet of the north 385.41 feet of lot five (5) of said brown and brown addition, which easement shall be a permanent non-exclusive easement so long as the same is being used by the grantee or its successors and assigns.  if said easement is hereafter abandoned or vacated, all of the right, title and interest of the grantee in and to the real estate subject to said easement shall cease and terminate and the same shall revert to the grantor and its successors and assigns.  any such abandonment may be established by written instrument and executed and acknowledged by the owners of said easement stating the fact of abandonment and non-use.

 

            Section 2.        Authorization of Tax Incentive Agreement.  The form of the Tax Incentive Agreement presented to the governing body of the City on this date is hereby approved, with such minor corrections or modifications as may be approved by the Mayor, such approval to be conclusively evidenced by execution of the agreement by the Mayor and the City Clerk, and the Mayor and City Clerk are hereby authorized to execute the Tax Incentive Agreement on behalf of the City.

 

            Section 3.        Ratification of Ordinance No. 22-11099.  Except as amended and supplemented by this Ordinance, the rest and remainder of Ordinance No. 22-11099 remains in full force and effect. If there is a change in ownership of the exempt property, the ad valorem tax exemption granted by this Ordinance is not transferable without the express approval of the City.

 

            Section 4.        Effective Date.  This Ordinance shall be in full force and effect from and after its passage, execution by the Mayor, and publication in the official city newspaper as provided by law.


            PASSED AND SIGNED June 13, 2022.

 

Trent W. Davis, M.D.,Mayor

(SEAL)

Attest:

JoVonna A. Rutherfird, City Clerk