CHAPTER I. ADMINISTRATIONCHAPTER I. ADMINISTRATION\ARTICLE 9. REVENUE, FINANCE & COMMUNITY DEVELOPMENT

(a)   The following are designated as main trafficways of the city pursuant to K.S.A. 12-685 et seq. for purposes of bond financing certain improvements:

(1)   North and South Streets:

(A)  Copeland Street from Wichita Avenue to Fifteenth Street;

(B)  Fossil Street from 1-70 to the north city limits;

(C)  Lincoln Street from Jewell Street to Eighteenth Street;

(D)  Main Street from Jewell Street to the north city limits;

(E)   Van Houten from Wichita Avenue to Fifteenth Street

(F)   Ash Street from Wichita Avenue to Dorrance Street;

(G)  Elm Street from Ninth Street to Wichita Avenue.

(2)   East and West Streets:

(A)  Eighth Street from Main Street to Fossil Street;

(B)  Fifteenth Street from Van Houten to Copeland Street;

(C)  State Street from Fossil Street to Copeland Street;

(D)  Wichita Avenue from the east city limits to the west city limits;

(E)   Wisconsin Street from Van Houten to Copeland Street.

(b)   The following streets, boulevards and avenues, and parts thereof, are hereby designated as trafficway connectors:

(1)   North and South Streets:

(A)  Front Street from Dorrance to Wichita Avenue;

(B)  Grant Street from Wichita Avenue to Wisconsin Street;

(C)  Kansas Street from Fifth Street to Eighth Street;

(D)  Maple Street from Fifth to Eighth Street.

(2)   East and West Streets:

(A)  Third Street from Lincoln Street to Copeland Street;

(B)  Fifth Street from Lincoln Street to Fossil Street;

(C)  Seventh Street from Lincoln Street to Fossil Street;

(D)  Eighth Street from Lincoln Street to Main Street;

(E)   Thirteenth Street from Lincoln Street to Fossil Street;

(F)   Dorrance Street from Fossil Street to Front Street;

(G)  Jewell Street from Lincoln Street to Fossil Street.

(K.S.A. 12-685 et seq.; Code 1973, 17-203:204; Ord. 1723; Ord. 1889; Code 2018)

(a)   In accordance with the provisions of K.S.A. 12-1,117, there is hereby established a sanitation equipment reserve fund, which shall be used by the City to finance the acquisition of equipment necessary for the performance of various functions and services of the City in its sanitation department. For the purpose of this article, the word “equipment” shall mean machinery, vehicles and other equipment or personal property which has an estimated future purchase or replacement cost in excess of $1,000.00, and a life expectancy of not less than three years.

(b)   It is the policy objective of the Governing Body that such sanitation equipment reserve fund shall be used as a financing mechanism to secure the planned and orderly acquisition and replacement of equipment necessary for the efficient and effective operation of the sanitation department for the City. It is the further intent of the Governing Body to annually approve in the future the budgeting of the current revenues sufficient (1) to finance the acquisition of new equipment needed in the following year, and (2) to finance needed future replacements and acquisitions by setting aside a reserve amount. It is the planned intent of the Governing Body that the amount annually reserved shall be not less than the current use value of existing city equipment covered by the reserve fund.

(c)   The City Manager shall prepare a plan of operation for the implementation of this article and for the achievement of the policy objectives of the Governing Body.

(d)   The City Manager shall annually submit, at the same time the proposed annual budget is submitted, a proposed equipment acquisition program for each of the following three (3) years. The proposed budget shall include an amount sufficient to finance proposed equipment acquisitions for the following year, plus an amount to be reserved as set forth in the annually revised and extended sanitation equipment acquisition program.

(e)   Moneys in the sanitation equipment reserve fund shall be invested in accordance with the provisions of K.S.A. 10-131, and amendments thereto, with interest earnings credited to such fund.

(K.S.A. 12-1,117; Ord. 1857; Code 2018)

(a)   The Governing Body of the City of Russell does hereby adopt the Neighborhood Revitalization Plan, attached to Ordinance No.1877, labeled and incorporated by reference as if fully set forth herein, which shall replace the existing Plan adopted by Ordinance No. 1837.

(b)   Pursuant to K.S.A. 12-17,116 the Governing Body of the City of Russell hereby designates the real property described in the Neighborhood Revitalization Plan as the Neighborhood Revitalization Area and finds that said area contains:

(1)   A predominance of buildings which by reason of dilapidation or obsolescence are detrimental to public health, safety and welfare;

(2)   A substantial number of deteriorating structures which impairs sound growth of the City and retards the provision of housing and constitutes an economic liability;

(3)   A predominance of buildings which are significant and should be restored to reproductive use; and finds that the rehabilitation, conservation and redevelopment of said area is necessary to protect the public health, safety and welfare of the residents of the City of Russell. The Neighborhood Revitalization area is described as follows:

       AREA A: Beginning at the intersection of West Wisconsin Street and North Van Houten Street; thence South to the intersection of West Wichita Avenue and North Van Houten Street; thence East to the intersection of West Wichita Avenue and South Ash Street; thence South to the intersection of South Ash Street and West Dorrance Street; thence East to the intersection of West Dorrance Street and South Main Street; thence South to the intersection of East Miller A venue and South Main Street; thence East to the intersection of East Miller A venue and South Fossil Street (U.S. 281 Hwy); thence Southeasterly to the intersection of South Fossil Street (U.S. 281 Hwy) and East Witt Avenue; thence West to the intersection of East Witt Avenue and Stephanie Street; thence South to the north right-of-way of Interstate 70; thence northeasterly along the north right-of-way of Interstate 70 to the west right-of-way of South Fossil Street (U.S. 281 Hwy.); thence East a distance of 250 feet; thence southeasterly along the north right-of-way of Interstate 70 to the east corporate city limits; thence north to the intersection of the east corporate city limits and Homer Road; thence east to the intersection of Homer Road and the east corporate city limits; thence north along the east corporate city limits a distance of 2657.19 feet; thence west to the intersection of East Dorrance Street and South Front Street; thence north to the intersection of South Front Street and the south boundary line of platted Theron Extension Addition; thence east along the south boundary of the Theron Extension Addition to the east boundary of platted Theron Extension Addition; thence north along the east boundary line of Theron Extension Addition to the intersection of East Wichita Ave; thence East to the intersection of East Wichita A venue and North Copeland Street; thence North to the intersection of North Copeland Street and East State Street; thence West to the intersection of East State Street and North Front Street; thence North to the dead end of East Ninth Street; thence West to the intersection of East Ninth Street and North Main Street; thence Southwesterly to the intersection of West Ninth Street and North Lincoln Street; thence South to the intersection of North Lincoln Street and West Seventh Street; thence West to the intersection of West Seventh Street and North St. John Street; thence South to the intersection of North St. John Street and West Wisconsin Street; thence West to the intersection of West Wisconsin Street and North Van Houten Street, this being the point of beginning.

       AREA B: Beginning at the intersection of North Lincoln Street and West Eighteenth Street; thence South to the intersection of North Lincoln Street and West Fourteenth Street; thence West to the intersection of West Fourteenth Street and the alley between North Kilian Street and platted North St. John Street; thence South to the intersection of the alley between North Kilian Street and platted North St. John Street and the Union Pacific Railroad north right-of-way; thence Northeasterly to the intersection of the Union Pacific Railroad north right-of-way and North Copeland Street; thence Southeasterly to the intersection of the Union Pacific Railroad north right-of-way and the east corporate city limits; thence North to the intersection of the east corporate city limits and East Fifteenth Street; thence West to the intersection of East Fifteenth Street and North Elm Street; thence North to the intersection of North Elm Street and East Eighteenth Street; thence West to the intersection of West Eighteenth Street and North Lincoln Street, this being the point of beginning.

(c)   The governing body of the City of Russell is authorized to enter into an Interlocal Agreement to provide for the implementation of the Neighborhood Revitalization Plan as authorized by K.S.A 12-2901 et seq.

(d)   The Neighborhood Revitalization Plan tax rebate program will continue indefinitely until terminated or modified by the governing body of the City of Russell as provided by law.

(K.S.A 12-2901 et seq.; Ord. 1877; Code 2018)

(a)   Policy.

It shall be the policy of the City to consider requests from qualified applicants (“Applicant “) that the City issue its industrial revenue bonds (hereinafter referred to as an “IRB”), for projects serving those purposes described in K.S.A. 12-1740 et seq. (the “Act”), The City will issue such bonds when, in the judgment of the governing body, it is in the best interest of the City to do so, and providing that the proposed use and the Applicant therefore meet all of the criteria set forth in this policy as the same may be amended or otherwise modified from time to time.

(b)   Policy objectives.

The City’s interest in providing IRB financing, is to promote, stimulate and develop the general economic welfare of the City. Therefore, to accomplish this objective, requests will be considered from Applicants who can demonstrate that:

(1)   An employment increase in the City will result from the improvements financed by the IRB issue.

(2)   The project will add to the needed diversification of the economy or have an economic impact on a particular area of the community where economic assistance is needed.

(3)   The project encourages economic growth potential and benefit to the City, e.g., the tenant shall be one with a substantial part of its total products and/or services being exported from the Russell area or produce items for local consumption that will either add jobs and/or replace purchases now being made by Russell citizens from outside the City.

(4)   The project should expand the type of job skills available to the local labor market, in the community, and/or utilize key skills of locally unemployed persons.

IRBs will not be issued when the effect would be to grant an unfair financial advantage to one firm over other competing firms within the community.

The proceeds of an IRB issue shall be used to purchase, construct, maintain, or equip buildings; acquire sites for buildings, to enlarge, equip or remodel buildings for manufacturing, commercial, industrial, hospital or agricultural purposes as described in the Act.

(c)   Requirements of the IRB proposal.

Proposals submitted to the City must be in writing, addressed to the City, signed by a representative of the Applicant and contain at least the following information:

(1)   Names and addresses of all persons who would be obligated as either tenant and/or guarantor under the bond documents.

(2)   Names and address of the principal officers, and if a corporation, the directors of the Applicant.

(3)   A general description of the nature of the business of the Applicant and a list of the principal competition in the local market.

(4)   A general description of the proposed project and improvements.

(5)   A specific location by street address of the proposed project (a legal description is not required for application purposes).

(6)   Statement of the projected benefits to the City.

(7)   The dollar amount of the bonds being requested for the Project.

(8)   A detailed breakdown of all proposed costs including an estimate of the underwriting fees and other miscellaneous expenses.

(9)   The name and address of the proposed underwriters and bond counsel.

(10) Any other information which might be helpful or which is desired to be given to assist the City in its determination of the issuance of the proposed bonds.

In addition to the letter of request, the following information is required as part of the proposal:

(1)   An audit of the last fiscal year’s business of the prospective tenant and guarantor(s), if any, prepared by an independent and recognized certified public accountant. If substantial time has passed since the last audited year of operation to the date of IRB request, the City may require additional financial statements.

(2)   New businesses, without operating history, will be required to submit financial information relevant to the feasibility of the project; which will include feasibility studies, proforma financial statements, financial statements of all principals of the proposed business and a complete outline of the total project plan including debt retirement.

(3)   Prospective tenants will be required to state their agreement to annexation to the City of the property involved, if the proposed project site is not already within the City limits.

(4)   The City will not remove any property or existing improvements from the tax rolls due to the issuance of an industrial revenue bond issue and, notwithstanding the provisions of K.S.A. 79-201a, which provides that any property constructed or purchased with the proceeds of IRBs is entitled to an exemption from ad valorem taxation for a period of 10 calendar years after the calendar year in which the bonds are issued, the parties agree that no application for such exemption shall be filed so that the tenant shall pay ad valorem taxes thereon as though such property had not been acquired with proceeds of industrial revenue bonds. The tax exempt status of any new improvements or additions, and/or property acquired which is not currently on the tax rolls, will be evaluated by the City on a case by case basis. If a tax exemption is granted, a payments in lieu of taxes will be required. The letter of request shall note compliance with this ad valorem section.

(5)   The parties further will agree that no expense whatsoever will be incurred by the City during the course of review and execution of the industrial revenue bond documents inclusive of final bond closing; that such expenses be, but are not limited to, administrative, legal, staff review time, document reproduction, necessary travel, lodging, telephone and wire services. Should the City incur any expense, it will be promptly reimbursed; and provided further, that the City will incur no expense whatsoever as a result of a default or any subsequent legal action it being understood that the Applicant, Tenant and Guarantor(s), if any, shall be jointly and severally liable for such expenses, if any, and by filing such application with the City requesting the issuance of IRBs of the City such parties acknowledge and shall be deemed to acknowledge their joint and several responsibility to indemnify and hold the City harmless from any such expenses.

(6)   The proposal must contain any maps or diagrams necessary for complete understanding of the proposed project and its location.

(7)   The proposal must contain a statement from the underwriter indicating their willingness to underwrite the bonds and to assure their marketability.

(8)   The proposal must contain information relating to the method intended to be used in bidding or otherwise contracting for the construction of the facility. This information should include the planned method of bidding (negotiation, public or private bid) or the name of the contractor if known at the time of the request.

(d)   Resolution of intent.

The procedure required for submission, analyses, recommendation and issuance of a resolution of intent by the City council is as follows:

(1)   The proposal in the content as required by this resolution, shall be submitted in 12 copies, by the Applicant to the office of the City manager.

(2)   The proposal will be reviewed for the completeness of documents and information. If it is incomplete in any manner, the prospective tenant will be immediately advised of the deficiencies and the proposal will be returned, in its entirety, for correction.

(3)   After receipt of 12 complete copies by the City manager, the review process will begin.

(4)   Upon completion of the review process the proposal will be forwarded to the City council for its consideration.

(5)   In order to complete the process and allow adequate time for the necessary review by financial, legal and other staff members of the City, the proposal must be submitted in total and in acceptable content no later than 30 days prior to the date it is desired to be considered by the City council.

(6)   Upon approval of the proposal by the City council, a resolution of intent to issue industrial revenue bonds will be adopted by the City council and approved by the Mayor. The resolution of intent will normally contain those conditions which are required to be met prior to the issuance of IRBs.

(7)   Notwithstanding the provisions set forth above for the issuance of a resolution of intent, the City council shall deem the resolution of intent to be null and void if the prospective tenant does not present an acceptable bond ordinance, trust indenture, lease agreement and related documents, if any, for the governing body passage and consideration under the terms set forth below within a six month period from the resolution of intent.

(e)   Issuance of the bonds.

The bonds will be issued upon satisfaction of all conditions set forth in the resolution of intent as adopted by the City council and the submission of 12 copies each of the following documents to the office of the City manager:

(1)   The proposed bond ordinance, trust indenture and lease agreement for consideration and execution by the City council. The proposed lease and agreement will include a requirement for an equal opportunity affirmative action program.

(2)   Any lease guarantee previously agreed to and/or required by the resolution of intent.

(3)   The preliminary official statement as prepared by the bond underwriter.

(4)   A written legal opinion from the City attorney and the Bond Counsel that the bond ordinance, trust indenture, lease agreement and other documents and matters are proper and prepared to their satisfaction.

(5)   Any other statements or documents which may be deemed pertinent and necessary to issuance of the bonds may be requested for review by City staff and Bond Counsel prior to execution by the City council.

(6)   The final execution and closing of the industrial revenue bond issue shall be done in Russell, Kansas, unless another closing location is approved by the City Attorney.

The information and documents required will be delivered no later than 30 days prior to consideration by the City council. The City staff will review the documents and upon completion of the review, all documents requiring the approval of the City council shall be placed before the City council for its consideration and action following such authorization by the City council, subject to both the compliance with all applicable law and the approval of both the City Attorney and Bond Counsel, the bonds may be issued.

(Ord. 1432; Ord. 1549; Code 2018)

(a)   In accordance with the provisions of K.S.A. 12-1,118, there is hereby established a capital improvements fund, which shall be used by the City to finance, in whole or in part, any public improvement need set forth in the City’s capital improvement plan.

(b)   It is the policy objective of the Governing Body that such fund shall be used primarily to provide a financing mechanism for the repair, restoration and rehabilitation of existing public facilities. Further, it is the intent of the Governing Body to utilize current revenues to be credited to the fund, to the maximum extent possible to meet the City’s present and future public infrastructure needs and to avoid the costs of unnecessary indebtedness.

(c)   Moneys in such fund may be used to pay the cost of engineering and other advanced public improvement plans and studies, with the fund periodically reimbursed from bond proceeds, special assessments or state or federal aid that may be available for the completed project.

(d)   Plan of Operation.

(1)   The City Manager shall submit to the Governing Body a plan of operation for the implementation of this article. Such plan shall provide that the annual, revised and adopted capital improvements plan of the City identify those improvements to be financed from the fund during the following year.

(2)   Beginning in 1988, the City Manager shall annually submit at the same time and as a part of the annual operating budget, such proposed revenue allocations and budget transfers as may be necessary (1) to finance those improvements scheduled for completion next year, the cost of which is to be credited to the fund, as provided by the capital improvements plan, and (2) to set aside moneys to be annually reserved for future improvements, as provided in the capital improvements plan.

(e)   Moneys in the capital improvements fund shall be invested in accordance with the provisions of K.S.A. 10-131 and amendments thereto, with interest thereon credited to such fund.

(Ord. 1499; Code 2018)

(a)   In accordance with the provisions of K.S.A. 12-1,117, there is hereby established a municipal equipment reserve fund, which shall be used by the City to finance the acquisition of equipment necessary for the performance of various functions and services of the City. For the purpose of this article, the word “equipment” shall mean machinery, vehicles and other equipment or personal property which has an estimated future purchase or replacement cost in excess of $1,000.00, and a life expectancy of not less than three years.

(b)   It is the policy objective of the Governing Body that such equipment reserve fund shall be used as a financing mechanism to secure the planned and orderly acquisition and replacement of equipment necessary for the efficient and effective operation of the City. It is the further intent of the Governing Body to annually approve in the future the budgeting of the current revenues sufficient (a) to finance the acquisition of new equipment needed in the following year, and (b) to finance needed future replacements and acquisitions by setting aside a reserve amount. It is the planned intent of the Governing Body that the amount annually reserved shall be not less than the current use value of existing city equipment covered by the reserve fund.

(c)   The City Manager shall prepare a plan of operation for the implementation of this article and for the achievement of the policy objectives of the Governing Body.

(d)   The City Manager shall annually submit, at the same time the proposed annual budget is submitted, a proposed equipment acquisition program for each of the following three (3) years. The proposed budget shall include an amount sufficient to finance proposed equipment acquisitions for the following year, plus an amount to be reserved as set forth in the annually revised and extended equipment acquisition program.

(e)   Moneys in the equipment reserve fund shall be invested in accordance with the provisions of K.S.A. 10-131, and amendments thereto, with interest earnings credited to such fund.

(Ord. 1500; Code 2018)