RESOLUTION NO. 2101
A RESOLUTION EXPRESSING THE INTENTION OF THE CITY OF OVERLAND PARK,
KANSAS, TO ESTABLISH A BUSINESS IMPROVEMENT DISTRICT PURSUANT TO THE
PROVISIONS OF THE "BUSINESS IMPROVEMENT DISTRICT ACT," K.S.A. 12-1781, ET. SEQ.
WHEREAS, on March 16, 1987, the Mayor was authorized by the City Council to appoint a
Business Improvement District Planning Committee consisting of at least nine (9) members to review
and develop preliminary plans for the establishment and operation of a Business Improvement District
in Downtown Overland Park, Kansas, and;
WHEREAS, on or about April 23, 1987, the Mayor did so appoint twenty-three (23) members
to said Committee, and;
WHEREAS, the aforementioned Committee has been meeting on a regular basis to develop
and review a proposal for a Business Improvement District in Downtown Overland Park, and;
WHEREAS, the Downtown Overland Park Business Improvement District Planning
Committee has submitted a written recommendation and report to the Governing Body recommending
formation of a Downtown Business Improvement District in Overland Park, Kansas;
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
OVERLAND PARK, KANSAS:
SECTION 1. That it is the intention of the City of Overland Park, Kansas, to form a Business
Improvement District in Downtown Overland Park, Kansas, pursuant to the Business Improvement
Act, K.S.A. 12-1781, et. seq., which shall be known as the "Downtown Overland Park Business
Improvement District."
SECTION 2. That the boundaries of the District shall be described as follows:
Beginning at the intersection of Newton and 78th Street; thence east to a point 750 feet east of
the Metcalf right-of-way; thence south to the centerline of 80th Street; thence west to the intersection of
the centerline of 80th Street and Broadmoor Street; thence south along the centerline 300 feet; thence
west 180 feet; thence south along the west line of Lots 17, 18, and 19, Kirkbride Place to the centerline
of 81st Street; thence east 80 feet; thence south along the east line of Lot 1, Conser's Addition, to the
centerline of 82nd Street; thence west to a point of the intersection of the centerline at 82nd Street and
the centerline of Travis Street; thence south along the centerline of Travis Street to a point of the
intersection of the centerline of Travis Street and 83rd Street; thence west along the centerline of 83rd
Street to a point south of the southwest corner of Lot
RESOLUTION NO. 2101 - Continued
5, Block 10, Overland Heights No. 2, Johnson County, Kansas; thence north 30 feet to the southwest
corner of Lot 5, Block 10, Overland Heights, Johnson County, Kansas; thence northeast 284.5 feet to
the east right-of-way Overland Park Drive; thence northwest to the west corner of Lot 21, Block 11,
Overland Heights No. 2, Johnson County, Kansas; thence northeast to the north corner of Lot 21, Block
11, Overland Heights, Johnson County, Kansas; thence northwest to the west corner of Lot 14, Block
11, Overland Heights, Johnson County, Kansas; thence northeast to the east right-of-way line of Marty
Street; thence northwest along said right-of-way to the west corner of Lot 20, Block 4, Overland
Heights No. 2; thence northeast to the north corner of Lot 20, Block 4, Overland Heights No. 2; thence
northwest along the west line of Lots 1, 2, 3, 4, and 5, Block 4, Overland Heights No. 2 to the centerline
of Hamilton Drive; thence southwest along the centerline of Hamilton Drive to the intersection of the
centerline of Hamilton Drive and Overland Park Drive; thence northwest to the intersection of the
centerline of Valley View Drive and Overland Park Drive; thence southwest along the centerline of
Valley View Drive to a point 162.5 feet southwest of the intersection of the centerlines of Valley View
Drive and Newton; thence northwest along the east property line of Lot 5, Overland Acres, Johnson
County, Kansas, 261.93 feet; thence northwest along the east property line of Lot 2, Overland Acres, to
the centerline of Santa Fe Drive to the intersection of the centerline of Robinson Street and Santa Fe
Drive; thence north along the centerline of Robinson to the intersection of the centerline of 81st Street
and Robinson; thence east along the centerline of 81st Street to a point 165.7 feet east of the
intersection of the centerlines of Newton and 81st Street; thence north to the centerline of 79th Street,
thence east along the centerline of 79th Street to the intersection of 79th Street and Conser Street;
thence north along the centerline of Conser Street 135 feet; thence west to the centerline of Newton
Street; thence north along the centerline of Newton Street to the point of beginning. (See Attachment
"B")
SECTION 3. That the services to be provided by the "Downtown Overland Park Business
Improvement District" may include and are limited to: administration, operating expenses, general
Downtown promotions, open air markets, transportation, parking, streets, street lighting, traffic
controls, refuse collection and disposal, security, snow removal, beautification, parks and recreation,
programs for special populations, and capital improvements which do not require multi-year funding.
SECTION 4. That the estimated annual cost for providing the services in Section 3 is not to
exceed $150,000, and the total estimated cost of $385,000 for a three-year period.
SECTION 5. That the method by which the City proposes to raise the revenues to finance the
services described in Section 3 may include but not limited to the following:
Method of Assessment:
a.
The minimum annual fee for any retail business is not to be less than $100.
b.
The maximum annual fee for any retail business is not to exceed $1,000.
RESOLUTION NO. 2101 - Continued
c.
All businesses shall be assessed at a rate of 0.22¢ per square feet of gross leasable area for the
first year.
d.
Businesses that share a common hallway in an office configuration, will divide the square
footage charge for the building according to the proportional square footage they operate within
such buildings, subject to the minimum charge per business.
e.
Commercial businesses as listed in Attachment "A" shall only be charged for each business
location, not each individual vendor or profession within a location. The primary commercial
business, may however, divide the annual fee by the number of secondary businesses within
that location and each secondary business may be subject to a minimum charge.
f.
Businesses and other organizations listed as "noncommercial" under Attachment "A" will not
be charged an annual fee.
SECTION 6. That a public hearing will be held on May 2, 1988, at 7:30 p.m., in the Overland
Park, Kansas, City Council Chamber for the purpose of receiving comments from all businesses located
within the proposed Overland Park, Kansas, Business Improvement District and interested parties.
SECTION 7. That the City Clerk is hereby directed to give notice of the public hearing on the
proposed establishment of the Downtown Overland Park Business Improvement District in accordance
with the provisions of K.S.A. 12-1787.
SECTION 8. That this resolution shall be in full force and effect from and after its adoption.
ADOPTED by the Governing Body of the City of Overland Park, Kansas, this 14th day of
March, 1988.
(s) Ed Eilert
Mayor
ATTEST:
(s) Bernice Crummett
Finance Director/City Clerk
APPROVED AS TO FORM:
(s) Karen Arnold-Burger
Assistant City Attorney
A. Commercial
Department stores
Apparel and accessories
Furniture and appliances
Office supply and quick copy
Home furnishings
Food, eating and drinking
General merchandise and other retail trade
Finance investment with footage
Automobile dealerships
Real estate
Insurance
Employment services
Communications
Repair
Utilities
Industrial manufacturing
Wholesale warehousing
Machinery/equipment
Automotive
Construction services
Entertainment
Medical and health related
Legal services
Architectural/engineering
Accounting
Educational
Barber and beauty shops
B. Non-Commercial
Governmental
Religious
Educational (public)
Charitable
Business/civic/labor associations
Residential
C. Other
Ownership of unoccupied real estate
ATTACHMENT A
ATTACHMENT B