Neighborhood Revitalization Plan
Interlocal Agreement
THIS INTERLOCAL AGREEMENT (Hereinafter
referred to as “Agreement”) entered into this _______ day of _______________,
2000, by and between the City of
WHEREAS, K.S.A. 12-2904 allows public agencies to enter into interlocal agreements to jointly perform certain functions including economic development; and
WHEREAS, K.S.A. 12-17, 114 et seq. provides a program for neighborhood revitalization and further allows for the use of interlocal agreements between municipalities to further neighborhood revitalization; and
WHEREAS, it is the desire and intent of the parties hereto to provide the maximum economic development incentive as provided for in K.S.A. 12-17, 119 by acting jointly.
NOW, THEREFORE, IN
CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS
FOLLOWS:
1. The parties agree to adopt the neighborhood revitalization plan as contained in Attachment A, attached hereto and incorporated by reference as if fully set forth herein. The parties further agree the neighborhood revitalization plan as adopted will not be amended without approval of the parties except as may be necessary to comply with applicable state law or regulation.
2. The parties further agree that the county shall administer the neighborhood revitalization plan as adopted by each party on behalf of the signatory parties. The county shall create a neighborhood revitalization fund pursuant to K.S.A. 12-17, 118 for the purpose of financing the redevelopment and to provide rebates. Any increment in property taxes received by the county resulting from qualified improvements to property pursuant to the neighborhood revitalization plan shall be credited to the county’s neighborhood revitalization fund.
3. The parties agree to undertake a review of the neighborhood revitalization plan every three years hereafter, to determine any needed modifications to the neighborhood revitalization plan. The parties agree that any party may terminate this agreement by providing thirty (30) days advance written notice, provided however, any applications for tax rebate submitted prior to termination shall, if approved, be considered eligible for the duration of the rebate period.
IN WITNESS WHEREOF, the parties have hereunto executed this agreement as of the day and year first above written.
________________________________
Patrick McCreary, Mayor
ATTEST:
______________________________
Ross A. VanderHamm, Deputy City Manager/City Clerk
________________________________
Francis E. Schoepf, Chairperson
Board
of
________________________________
Frances Garcia, Commissioner
Board
of
________________________________
Larry Sharp, Commissioner
Board
of
Approved to form:
_______________________________
Porter Brown, City Attorney
_______________________________
Date
Approved this _____ day of _______________, 2000, by the
Attorney General of the State of
Kansas Attorney General
________________________________
ATTACHMENT A
NEIGHBORHOOD REVITALIZATION PLAN
CITY OF
Amended October, 1997
Amended March, 2000
TABLE OF CONTENTS
Page
Part 1 Legal
Description of Neighborhood Revitalization Area................... 5
Part 2 Assessed
Valuation of Land and Buildings within the Area................ 5
Part 3 Listing of
Owners of Record in Area.............................................. 5
Part 4 Existing Zoning
and Land Use....................................................... 6
Part 5 Capital
Improvements Planned for the Area.................................. 6
Part 6 Eligibility
Requirements................................................................ 8
Part 7 Criteria for
Determination of Eligibility.......................................... 9
Part 8 Contents of
Application for Tax Rebate......................................... 10
Part 9 Procedures to
Submit Application................................................. 11
Part 10 Standards and
Criteria for Review and Approval............................. 13
Part 11 Rebate Formula........................................................................... 14
The Neighborhood Revitalization Plan will be reviewed by the
City Council every three years at which time modifications to the Program may
be considered.
PART
1
LEGAL DESCRIPTION OF AREA AND MAP
Legal
Description of Neighborhood Revitalization Area
Generally,
the reinvestment zone is all areas within the
The
legal description of the zone is as follows:
The City Limits of Hutchinson south of a
line beginning at the north line of the Nickerson Boulevard right-of-way and
the west City Limits line; thence southeasterly along said right-of-way to a
point where it intersects the west right-of-way line of Arthur Street; thence
northerly along said west right-of-way to the north right-of-way line of 11th
Avenue; thence easterly along said right-of-way line of 11th Avenue to the east
right-of-way line of Airport Road; thence continuing easterly along said north
right-of-way line extended to the east City Limits line.
Map
A
map outlining the Neighborhood Revitalization Area and depicting the existing
parcels of real estate therein is on file at the City Planning and Development
Office.
ASSESSED VALUATION OF LAND AND BUILDINGS
WITHIN THE AREA
The
existing assessed valuation of the parcels in 1997 of real estate in the
proposed Neighborhood Revitalization area is $29,830,834.00
LISTING OF OWNERS OF RECORD IN AREA
The
names and addresses of the owners of record of real estate within the area are
on file in the City Planning and Development Office,
EXISTING ZONING AND LAND USE
A zoning district classification map, a list of zoning districts for the area, and an existing land use map is on file in the City Planning and Development Office.
PART
5
CAPITAL IMPROVEMENTS PLANNED FOR THE AREA
The proposed Five Year
Capital Improvement Program (1997) and other projects proposed by the City of
Street and Bridge Improvements
·
Reconstruct
·
Reconstruct
·
Replace
·
Pave and
drain
·
Replace
bridges over Cow Creek at Avenues B and F
·
Reconstruct
Avenue F from
·
Overlay
K-96 from
·
Intersection
redesign at Hendricks and K-96
·
Railroad
crossing repairs at various locations
·
Paving
of dirt streets in
Parks and Recreation
·
Renovation
of
·
Lighting
of Carey Park ball diamonds
·
Completion
of
·
Annual
reforestation program
·
·
Carey
Park golf course green renovation
Public Buildings
·
Fire
sprinkler system in Memorial Hall
·
Consolidated
·
Water and Sewer
·
Sewer
replacement at Cowboy Casino
·
·
Storm
water extension from Avenue G to Halstead
·
Replace
lift stations at 9th and Whiteside; 1st
and Hendricks;
·
Sewer
replacement along 7th from
·
Replace
storm sewer boxes at
·
Water
main replacement at 5th and
·
·
Replace
Carey Park lift station
·
Replace
sewer
Neighborhood Improvements
·
Housing
Rehabilitation
·
Sidewalks
and residential street improvement program (annual)
·
Street
Lighting (annual)
·
Property
maintenance and clean-up
·
Demolition
of dangerous buildings
·
Chip and
seal program (annual)
PART
6
ELIGIBILITY REQUIREMENTS
Residential Property
1. Rehabilitation,
alterations and additions to any existing residential structure, including the
alteration of a single-family home into a multi-family dwelling, shall be
eligible.
2. Construction
of new residential structures, including the conversion of all or part of a
non-residential structure into a residential structure, shall be eligible.
3. Residential
property must be located within the appropriate zoning districts to be
eligible.
4. Improvements to detached accessory
structures such as garages, workshops and storage sheds are eligible. Improvements such as swimming pools, etc.,
shall not be eligible.
Commercial/Industrial Property:
1. Rehabilitation,
alterations and additions to any existing commercial structure used for retail,
office, manufacturing, warehousing, institutional or other commercial or
industrial purposes shall be eligible.
2. Construction
of new commercial structures, including the conversion of all or part of a
non-commercial structure into a commercial structure, used for retail, office,
manufacturing, warehousing, institutional or other commercial or industrial
purposes shall be eligible.
3. Improvements
to existing or construction of new structures used for public utility or
railroad purposes shall not be eligible.
4. Commercial
or industrial property must be located within the appropriate zoning districts
to be eligible.
PART 7
CRITERIA FOR
DETERMINATION OF ELIGIBILITY
1. Construction
of an improvement must have been commenced on or after
2. An
application for rebate must be filed within sixty (60) calendar days of the
issuance of a building permit, except that the City Council may extend this
period for up to thirty (30) additional days upon a finding of excusable
neglect.
3. The
minimum investment of an improvement shall be $5,000 for residential property
and $15,000 for commercial and industrial property, as documented by the
building permit.
4. The
minimum increase in assessed value shall be 5% for residential property and 15%
for commercial and industrial property as determined by the Reno County
Appraiser following partial or total completion of the improvement.
5. Property
eligible for tax incentives under any other program adopted pursuant to
statutory or constitutional authority shall be eligible to submit only one
application per project.
6. The
property for which a rebate is requested shall conform with all applicable city
codes and regulations in effect at the time the improvements are made and shall
remain in conformance for the duration of the rebate period or the rebate shall
be terminated. This includes the new as
well as the existing improvements on the property.
7. Any
property that is delinquent in any tax payment, special assessment, including
BID assessments, or city utility payment shall not be eligible for a rebate
until such time as all taxes, bills and assessments have been paid.
8. No application shall be considered for an
improvement for which an unresolved tax protest has been filed.
9. Renovation of any property on the local,
state or national register of historic places will receive a rebate of 100% for
10 years.
CONTENTS OF
APPLICATION FOR TAX REBATE
An application for a rebate of property tax increments shall contain the following information.
Part I
1. Owner’s
name
2. Owner’s
mailing address
3. Owner’s
daytime phone number
4. Address
of property
5. Legal
description of property
6. Parcel
I.D. No.
7. Building
Permit No.
8. Existing
use of property
9. Proposed
use of property
10. Age of principal building(s)
11. Occupancy status during last 5 years
12. Buildings proposed to be or actually
demolished
13. Proposed improvements
14. Estimated cost of improvements
15. Date construction started
16. Estimated date of completion of
construction
17.
Part II
1. Status of construction as of January 1
following commencement
2.
3.
4. City Clerk’s statement of special
assessment status
5. Planning Director’s statement of program
conformance.
PART
9
PROCEDURES TO SUBMIT APPLICATION
1. The
applicant shall obtain an Application for Tax Rebate from the City Planning and
Development Department when obtaining a building permit.
2. The applicant shall complete and sign Part 1 of the application and file the original with the City Planning and Development Department within sixty (60) calendar days following issuance of the building permit.
3. The
City Planning and Development Department shall forward the application to the
Reno County Appraiser’s office for determination of the existing assessed
valuation of the improvements.
4. Upon
completion by the
5. The
County Appraiser shall conduct an on-site inspection of the construction
project and determine the new valuation of the real estate as of January 1, and
shall complete his portion of the application and shall report the new
valuation to the
6. Upon
determination by the County Appraiser’s Office that the improvements meet the
percentage test for rebate, determination by the County Clerk’s office that the
taxes and assessments on the property are not delinquent, and determination by
City Planning and Development Department that the project and application meets
the requirements for a tax rebate, the County Appraiser’s Office shall notify
the applicant and the County Treasurer’s Office of the rebate percentage due
for each year of the rebate period.
7. Upon
the full payment of the real estate tax for the subject property for the
initial and each succeeding tax year extending through the specified rebate
period, a tax rebate shall be made to the applicant. The tax rebate shall be made within sixty (60)
calendar days following due date of payment and submittal of a receipt by the
applicant to the
8. The
County Appraiser’s Office shall inform the
PART 10
STANDARDS AND
CRITERIA FOR REVIEW AND APPROVAL
1. The
property for which a rebate is requested shall conform with all applicable city
codes and regulations in effect at the time the improvements are made and shall
remain in conformance for the duration of the rebate period or the rebate shall
be terminated. Rebates are payable to
the owner at the time the rebate is due.
2. Any
property that is delinquent in any tax payment, special assessment, including
BID assessments, or city utility payment shall not be eligible for a rebate
until such time as all taxes, bills and assessments have been paid.
3. Following
establishment of the increase in assessed value resulting from a specific
improvement, the fixed rebate percentage shall be applied to any change in
assessed value or mill levy during subsequent years.
4. The
City Manager, or his/her designee, shall have the authority and discretion to
approve or reject applications based on the eligibility standards and review
criteria contained herein. If an
applicant is dissatisfied with the City Manager’s decision, a written appeal
may be submitted to the City Council for final determination.
PART 11
REBATE FORMULA
AMOUNT AND YEARS OF REBATE ELIGIBILITY
1. For improvements to property located 2.
For improvements to all other
between the west side of
the east side of Poplar, in the located in the *reinvestment zone
*reinvestment zone:
Year Rebate* Year Rebate*
1 95% 1 95%
2 95% 2 85%
3 95% 3 75%
4 95% 4 65%
5 95% 5 55%
6 50% 6 50%
7 50% 7 50%
8 50% 8 50%
9 50% 9 50%
10 50% 10 50%
2.
For
improvements to any historic property in the reinvestment zone*:
Year Rebate*
1 100%
2 100%
3 100%
4 100%
5 100%
6 100%
7 100%
8 100%
9 100%
10 100%
*The Reinvestment zone is all area in the
*5% of the increment or $15.00, whichever is
greater, is to be retained by