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83-3639 Auth Utility Imp Fairway & Van Horne Addition1 1 RESOLUTION NUMBER 83-3639 (Published in The Salina Journal , 1983) A RESOLUTION authorizing and ordering certain sanitary sewer improvements, ordering preparation of plans and specifications, and the estimate of costs. WHEREAS, the public hearing on the advisability of the following improvements, to -wit: Lateral Sanitary Sewer 631 was held as provided by Resolution Number 83-3636, adopted and approved by the Board of Commissioners of the City of Salina, Kansas, on the 28th day of March, 1983. WHEREAS, notice of public hearing on the advisability of the said improvements has been published in The Salina Journal, the official city newspaper, on the 31st day of March, 1983 and the 7th day of April, 1983, as provided by said Resolution and K.S.A. Section 12-6a01 to 12-6a18. WHEREAS, the Board of Commissioners of the city of Salina, Kansas, met in the Commissioners' Room, City -County Building, on the 11th day of April, 1983, at 4:00 p.m. for the purpose of conducting a public hearing on the advisability of said improvements, said hearings were finally adjourned on the 11th day of April, 1983, as provided by law, WHEREAS, six (6) months have not elapsed since the final adjournment of said public hearing, SO NOW, THEREFORE BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Section 1. That the following improvements be and the same are hereby authorized and ordered to be made in accordance with the findings of the Board of Commissioners of the City of Salina, Kansas, upon the advisability of the following improvements, to -wit: . Lateral Sanitary Sewer 631 Section 2. The extent or boundaries of the proposed improvement district to be assessed is: That part of the City of Salina, Saline County, Kansas, described as follows, to -wit: Lots Four (4) through Ten (10), Fairway Addition East 190 feet of Lot 1, and all of Lot 2, Van Horne Addition all in the City of Salina, Saline County, Kansas Section 3. The estimated or probable cost of such improvements is $15,162.75. Section 4. The proposed apportionment of cost between the improvement district and the city -at -large is as follows: 1. Costs chargeable to private property in the amount of $15,162.75. 2. No costs chargeable to the City -at -large. Section 5. The assessment, with accrued interest, to be levied as a special assessment tax upon the property included within the benefit district concurrent with the general property tax and shall be payable in ten (10) equal annual installments. Section 6. The method of assessment shall be based on the adjusted front footage of each lot of land and without regard to buildings or improvements of the land. 1 1 Section 7. That the City Engineer be and is hereby directed and ordered to prepare plans and specifications, and estimates of the cost of said improvements. Section 8. That for the purpose of providing funds to pay the cost of said improvements until bonds can be issued therefor, the Mayor and City Clerk be and they are hereby authorized to execute temporary notes of the City of Salina, Kansas, as provided by K.S.A. 10-123 and 12-6a04, not to exceed the aggregate provided by law. Such temporary notes may be issued by Resolution from time to time as required during the progress of the work on the improvements herein recited. Such temporary notes shall be in the form and executed as provided by law. Section 9. That the City Clerk is hereby authorized and directed to make progress payments to the contractor for materials furnished and labor performed under the contract when estimates therefor are presented to him which have been properly certified by the City Engineer, so long as the total aggregate payments do not exceed the total contract price. Section 10. That the said improvements shall not be commenced if, within twenty 20 days after publication of the resolution, written protests by both fifty-one (51) percent, or more, of the resident owners of record of property within the improvement district and the owners of record of more than one-half of the total area of such district, are filed with the City Clerk. Adopted by the Board of Commissioners and signed by the Mayor this 18th day of April, 1983. eith GT Duc ers, Mayor (SEAL) ATTEST: 61;�' D. L. Harrison, City Clerk C Misc Book pagoilL Affidavit of Publication Following is a true and correct copy of Resolution Number 83-3639 together with proof of publication of the same: AFFIDAVIT I, Paul G. Webb being first duly sworn according to law declare that I am the Marketing Director manager of the Sal iiia riniirnal a newspaper published in the City of Salina, Saline County, Kansas, and of a general circulation in said city, and continually and uninterruptedly published for more than one year prior to the date of the attached- Resolution ttacheResolution Number X33-3639 and that said Resolution Number 83-363q was correctly'publfshed of the date of I say not. Pau 1 %. Webb and'sworn to before me April 26 lg 83 L. -Harrison, Notary Public .. NOTARY PUBLIC - State of Kam D.L. HARRISON My Appt. Exp. July 31, 1985 STATE OF KANSAS FILED FOR RECORD ..COUNTY OF SALINE � sS�J � lr IN MY OFFICE A1' �/ O'CLOCK n AND DULY M V2 Me 1983 f' e ..� , RECORDED OL OF . AT PAGE,o. I I I I +.... REG. OF DEEDS 1 (Published in,ThefSalina Journal ;S,dt April 22, `1983) j RESOLUTION NUMBER 83-3639,:'' A RESOLUTION authorizing and ord ry improvements, er•(' Ing certain sanitasewer ordering preparation of plans and specific cations, and the estimate of costs. -..:. t WHEREAS, ihexpublic:hearing.on. the i advisdbility of� the following improve- me mprove merits, •to wit ' 4 is 6 :6Lateral Sanitary Sewer 631 x` was.held as provided by Resolution Num ;. bei 83.36361j�adopted and approveilt`by l 'the Board of Commissioners of tWCity of {Salina, Kansas;^on the 28th day of Akcirch, 1983. � '.•,:;. WHEREAS notice of public hearing on i I the advisability of the said improvements ! has been published m The Salina Journals the official city. newspaper; ,on they 31st ! j day of Marcli, 1983 and the 7th day of April'1983; as !provided by,said'Resolu- tion-ond K.S.A. Section 12-6a01 to 12- F 6a18. i. WHEREAS, the Board of Commissioners" of the City of Salina, Kansas, met in'the Commissioners' Room; City -County ,Build- ing; .on. the. 11th day of;:April, 1983.�:at;. 4:00 p.m. foc the•purpose of. conducting ci public hearing on the advisability of•,soidl improvements, said hearings were finally adjourned on the I'lth day of April, 1983, as provided by law,, WHEREAS, " six (6) 'months, have in' elapsed since the: final 'adjournment ofi said public hearing, SO NOW THEREFORE BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Section,l. That the following improve-` merits be and the some are hereby ou Ithonzed and ordered'to-be made ince, cc�rdonce with the findings of the Boardi of Commissioners of the City of ali'na;r "Konsas, upon the advisability of the"".fol-, dowing improvements, "to•wit: tj. WW i Latero, Sanitary Sewer 631.'*�.d Section 2. Thi extent or boundaries, of the'proposed improvement district'bo be; assessed is: That part of the City of'Solina, Sali e; County,. Kansas, described as follows; 14 to -wit: 9$ i ' :Lots Four (4) through Ten (10); Pair-- way'Addition ;� .l East.1,90'feet of Lot 1, and all of Lot i 20Van Horne Addition }. I J all in the City of Salina, Saline Coun- 1 ty, Kansas , J Section 3.The estimated or probable cost of such improvements is $15,162.75. ' Section 4. The proposed apportioriment of cost between the improvement,district and the city -at -large is as follows:•a?� Y 'I. Costschargeable to private.prop- arty in the amount of $15,162.75. 2. No costs chargeable to the City -at - large. Section 5.; The assessment; with accru- ed interest, to be levied as a spec,aftas- sessment tax upon the property, i6ekided within the benefit district concurrent -with thegeneral property tax. and sholfinbe payable in. ten '(10) equal annual install - 1, '•Section 6. The method of assessment � shot] be based on the adjusted -front.foot- age of each lot of land and without _re- gard.to buildings.or Improvements of<the land. Section 7. That the* City Engineer ;be and..iv hereby directed and'" ordered.,to prepare plans and specifications, and;es- �'timates of the cost ofsaid improvements. iSection B. That for the purpose ofpro ,viding funds to; pay the cost= of said irii- provements until bonds can be :Issued therefore, the Mayor and City Clerk be and they are hereby authorized to exe- cute temporary notes of the City of Sa- Iina, Kansas, as provided by K.S.A. 10- 23 and 12.6a04, not to :exceed the ag- gregate,provided by low.; Such terApornry notes may be issued by Resolution'firom Mime to time as required during the,prog' res, of the work rop the Improvements herein recited.' Such temporary notes' shall be in the form and executed as pro- v"ad bylaw. , Section 9 That the City Clerk Is he eby authorized and directedto•makeProgress _�Fayments to -the contractor for materials Ifurnished and labor performed under the jcontroct when estimates therefore' are liiot resented to him which have been pro•' erlyrcertified'by the' City- EngineAfir, sol ong.as the total aggregate'payments. do exceed the total contract price. Section 10. That the 4a,d`improyementsi Ishall not be commenced if, within twenty 1(20). days after publication of the, r0.esolu- 1tim written protests' by -both fifty one: (51) percent, or more, of the, resident, gwners of record of property within `ihe improvement district and', the .owners• of record of more than'one-half of the total area of such district, are filediwith the 5ity,Clerk. Adopted by the Board of Commission- irs, an d signedtby;theiMayor this,tllpth i day of April, 1983: Keith G. Duckers, Mayor ATTEST: D L Harrison, City Clerk (It)'1 x: