(First Published in the Lincoln Sentinel-Republican, November 20th, 2008)
ORDINANCE NO. 676
ANORDINANCE EXEMPTING CERTAIN PROPERTY IN THE CITY OF LINCOLN CENTER, LINCOLN COUNTY, KANSAS FROM AD VALOREM TAXATION FOR ECONOMIC DEVELOPMENT PURPOSES
WHEREAS, Article 11, Section 13 of the Kansas Constitution permits the governing body of anycity by ordinance to exempt from all ad valorem taxation all or any portion of the appraised valuation of all buildings, together with the land upon which such buildings were located,and all tangible personal property associated therewith used exclusively by a business for the purpose of storing goods or commodities which are sold or traded in interstate commerce for not more than ten (10) calendar years after the calendar year in which the business commences its operations or in which expansion of an existing business is completed; and
WHEREAS, the governing body of the City of Lincoln Center, Kansas, after conducting a public hearing pursuant to published notice as provided by law, has determined that certain property belonging to Lebien Seeding & Fencingis used exclusively for the purpose of storing of goods and commodities that are sold and traded in interstate commerce should be granted a tax exemption for economic development purposes;
NOW, THEREFORE BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LINCOLN CENTER, KANSAS;
Section 1.In accordance with Article 11, Section 13 of the Kansas Constitution, and pursuant to K.S.A. 79-251, the City of Lincoln CenterResolution No.02-01, and this Ordinance, the property such as described in the following items 1 & 2, is hereby exempted from ad valorem taxation for a term of ten (10) calendar years, commencing with the calendar year 2009:
1)A 8,550 ft2 steel frame, metal clad building, and appurtenances, placed upon item 2).
2)A plot of land heretofore known as Parcel 2 which is a portion of a plot of land in the Southwest Quarter (SW/4) of Section Thirty-one (31), Township Eleven (11) South, Range Seven (7) West of the 6th Principal Meridian, Lincoln County, Kansas, that wasconveyed to the City of Lincoln Center now known as ''CITY OF LINCOLNINDUSTRIAL PARK'', described as follows:
Commencing at the Southwest corner of said ''CITY OF LINCOLN INDUSTRIAL PARK'' thence N 0o23'11'' W a distance of 811.59 feet to the point of beginning; Thence N 0o23'11'' W a distance of 260.00 feet; Thence N 89 o18'31'' E a distance of 274.07 feet; Thence S 0o20'16'' E a distance of260.00 feet; Thence S 89o18'31'' W a distance of 273.85 feet to the point of beginning.
The above described plot of land contains 1.64 acres, more or less.
Section 2.The calendar year 2009 Grant of Exemption for the two items described in Section 1 will be 100 percent. For each succeeding yearafter calendar year 2009, the City will review the grant of exemption to ensure that the ownership,use of the property, the projected job creation, and other pertinent matters continue to remain consistent with the information provided by Lebien Seeding and Fencing in their tax exemption application.
Section 3.The form of the Tax Exemption Application as exhibited to the City of Lincoln Center, Kansas governing body,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 this Ordinance by the Mayor and City Clerk.
Section 4.The ad valorem tax exemption hereby granted shall not be transferable if there is a change in ownership of the exempt assets.
Section 5.A copy of this Ordinance and a copy of the fully executed Tax Exemption Application shall be provided to the owner of the property and to the CountyAppraiser of Lincoln County, Kansas
Section 6.This Ordinance shall be in full force and effect from and after its passage, signature and publication in the official city newspaper as provided by law.
Passed and approved by the City Council and Mayor of the City of Lincoln Center, Kansas this10thdayofNovember, 2008.
APPROVED:
/s/ Glenn M. Stegman
Glenn M. Stegman, Mayor
(seal)
ATTEST:
/s/ Rose M. Gourley
Rose M. Gourley, City Clerk