ORDINANCE NO. 19-11021
AN ORDINANCE LEVYING SALINA BUSINESS IMPROVEMENT DISTRICT NUMBER 1
SERVICE FEES FOR 2020 IN ACCORDANCE WITH K.S.A. 12-1791, AND REPEALING
ORDINANCE NUMBER 18-10965
WHEREAS, the Advisory Board of the Salina Business Improvement District
Number 1, (herein the “BID”) has recommended a program of services and
submitted a proposed budget for the calendar year 2020; and,
WHEREAS, it is necessary that the Governing Body, by ordinance,
levy the business improvement district service fees which shall be applicable
only to businesses located within the BID as established by Ordinance Number
83-8971; SO NOW, THEREFORE
BE IT ORDAINED by the Governing Body of the City of
Section 1. For the purposes
of this ordinance the following terms shall be defined as stated:
building” shall mean “those buildings in which are located more than
three residential units for rent.”
shall mean “fixed place of business where one or more persons are employed or
engaged in the purchase, sale, provision or manufacturing of commodities,
products or services. The ownership of
real estate which is unoccupied and which is held for investment purposes, for
sale or lease, shall be considered a business.”
shall mean “governmental functions, programs, activities, facilities
improvements and other services which a city is authorized to perform or
shall mean “a person who works predominately at the site of a business located
within the business improvement district for compensation by the business as an
owner or worker, but not as an independent contractor.”
Section 2. Effective January
1, 2019, there is hereby levied and assessed against all businesses located
within the BID an annual business improvement district service fee on each
business located within the BID (“annual BID service fee”) according to the
Santa Fe District
Ground-floor businesses addressed on Santa Fe and with
front footage abutting Santa Fe Avenue between Ash Street and Mulberry Street
Base fee per
Plus frontage rate:
$10.40 per front footage abutting Santa Fe Avenue
Combined maximum fee
All businesses located between Ash Street and South Street
not included within Santa Fe District
Base fee per
Plus fee per worker
based upon total workers:
Workers 2 through 10 $50.00 per worker
Additional workers - $25.00 per worker
Maximum fee per business:
2 to 10 workers -
11 to 50 workers -
51 or more workers -
All businesses located between Elm Street and Ash Street
and between South Street and Prescott Street
Base fee per
Plus fee per worker
based upon total workers:
Workers 2 through 10
- $32.00 per worker
Additional workers -
$18.00 per worker
Maximum fee per
2 to 10 workers - $ 316.00
11 to 50 workers -
50 or more workers -
Section 3. For purposes of
this annual BID service fee ordinance:
State law exclusion. All property owned or used exclusively for
state, county, municipal, literary, educational, scientific, religious,
benevolent and charitable purposes shall be excluded from the provisions of
this ordinance in accordance with State law.
Accessory residential dwelling exclusion. Residential dwellings, accessory to and
located above or below the ground floor of another principal use shall be
excluded from the provisions of this ordinance.
Calculation of number of workers. The number of workers of a business shall be
determined by dividing the total number of worker hours per week as of January
1, 2020, by forty hours and rounding to the nearest whole number.
Vacant buildings. The annual BID service fee for a vacant
building in the employment or hospital/mill district shall be calculated as if
the building is occupied, but with no workers.
The service fee for a vacant building in the Santa Fe District shall be
the same as if the building is occupied.
lots. The annual BID service fee for
a vacant lot shall be the base service fee for the district in which the vacant
lot is located.
lots. The annual BID service fee
for a parking lot in which parking spaces are leased or rented for a charge
shall be the base service fee for the district in which the parking lot is
located. No service fee shall be
assessed for a parking lot which is accessory to a business and in which no
parking spaces are leased or rented for charge.
buildings. The annual BID
service fee under this ordinance for each apartment building shall be the base
service fee for the district in which the apartment building is located.
of maximum fee per business: In
the case of a single business located in more than one district, the highest
maximum annual BID service fee for a district in which the business is
partially located shall apply.
Section 4. Each business
located within the BID shall be required to register on forms provided by the
BID. Registration forms shall provide
sufficient information to identify and contact the business and shall include
business name, location address, mailing address, tax identification number,
business owner name, telephone number, and address. In the event of a responsible party for the
business other than the owner, the responsible party’s name, address and
telephone number shall also be included.
Additional information may be required if necessary for efficient
administration. Renewal registration
shall be required only in the event of a change in ownership or responsible
parties; however, substantive information changes shall be reported.
Section 5. Any
administrative interpretations or determinations necessary toward the fair and
equitable application of this ordinance shall be made by the City Manager.
Section 6. All annual BID
service fees collected pursuant to this ordinance shall be expended for the
services outlined in the Recommended Program of Services and according to the
budget as recommend by the BID Advisory Board.
Section 7. Any business
subject to an annual BID service fee levied pursuant to Section 1 will be
billed in full on January 1 and the annual BID service fee shall be due and
payable on the following February 1 of each year; provided however, that at the
request of any business with an annual BID service fee in excess of $240, the
business may be billed and that annual BID service fee shall be due and payable
Annual BID services fees of $241 to $500 may be billed
on a quarterly basis on January 1, April 1, July 1, and October 1, and shall be
due and payable within 30 calendar days thereafter.
Annual fees in excess of $500 may be billed on a monthly
basis on the first day of each month and shall be due and payable within 30
A finance charge of 1.5% per month
shall be assessed on any past due balance.
If any quarterly or monthly
installment remains unpaid sixty (60) days following the due date of the
installment, the full balance of the annual BID service fee for that business
shall be immediately due and payable and the business shall lose the privilege
of electing to pay the annual BID service fee in installments for the remainder
of the current year and for the following year. (the “disqualification period”)
If the business is current in payments of all prior annual BID service fees and
any applicable finance charges at the close of the disqualification period, the
business may again elect to pay the annual BID service fee in the applicable
number of installments.
Section 8. That if a
business ceases operation within the BID and is delinquent in the payment of
its BID service fee, the business shall be obligated to pay the daily prorated
share of its annual BID service fee, until a new business occupies the
property. The new business shall then be
assessed upon the same daily prorated basis for the balance of the year. In no case shall the same BID service fee be
charged to both a tenant business and a property owner.
Section 9. That if a business moves from the BID after paying a
service fee, the business may request a refund for the daily prorated share of
the service fee paid, based upon the number of paid days the business will no
longer operate within the BID. (For
example: If ABC Retailer has paid its second quarterly payment and ceases
operation within the BID on April 25th, ABC Retailer would be
entitled to request a refund of its annual service fee divided by 365, multiplied
times the 66 days remaining in the second quarter). Any request for a refund under this section
must be filed no later than 30 days after requesting business ceases operation
within the BID.
Section 10. That the annual
BID service fee levied by this ordinance shall be enforced in the following
The amount of any delinquent BID service fee shall
constitute a debt due to the City.
At the direction of the City Manager or the City
Manager’s designee, the City Attorney or another attorney contracted for that
purpose shall institute a civil suit in the Saline County District Court in the
name of the City to recover any such unpaid BID service fee and late fees. When appropriate, the City Manager or the City
Manager’s designee may institute a small claims action to recover any unpaid
BID service fee and fiancé charges. Any
legal fees or costs associate with such civil actions shall be charged to the
BID Fund either directly, or through the Salina Downtown, Inc. budget.
The City Manager may contract with a collection agency
for collection of delinquent BID service fees.
The City Manager is authorized to file under the State
Setoff program for debt collection.
Section 11. No civil judgement shall bar or prevent a criminal
prosecution for each and every violation of this ordinance. That any person convicted of violating this
ordinance shall be fined an amount no greater than $500.
Section 12. That Ordinance Number 18-10965 is hereby repealed.
Section 13. This ordinance
shall be in full force and effect from and after its adoption and publication
by the following summary once in the official city newspaper.
Ordinance No. 19-11021
On November 18, 2019, the City
Commission passed Ordinance 19-11021.
The Ordinance establishes service fees for 2020 within the Salina
Business Improvement District Number 1. A complete copy of the Ordinance can be found
at www.salina-ks.gov or in the
office of the City Clerk, 300 W. Ash, free of charge. This summary is certified by the City’s legal
Introduced: November 4, 2019
Passed: November 18, 2019
PASSED by the governing body of the City on November 18, 2019 and signed
and APPROVED AND SIGNED by the
Trent W. Davis,
CMC, City Clerk
The publication summary set forth
above is certified this day of November, 2019.
Greg Bengtson, City Attorney