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13-6969Publisher's Affidavit I. Christy Fink , being duly sworn declare that I am a Legal Coordinator of THE SALINA JOURNAL, a daily newspaper published at Salina, Saline County, Kansas, and of general circulation in said county, which newspaper has been admitted to the mails as second class matter in said county, and continuously and uninterruptedly published for five consecutive years prior to first publication of attached notice, and that the Resolution 13 -6969 Notice has been correctly published in the entire issue of said newspaper one time, publication being given in the issue of February 3, 2013 Ls�� S t ^^_ Subscribed and sworn to before me, this j il day of A.D. 20 13 Notary Public Printer's Fee $735.00 MWM Wn DHW My Al EXP6 —160 (Published in the Salina Journal February 3, 2013) RESOLUTION NUMBER 13-6969 A RESOLUTION SET TING FORTH FINDINGS AND DETERMINATIONS OF THE GOVERNING BODY OF THE CITY OF SALINA, KANSAS ON THE ADVISABILITY OF AND AUTHORIZING THE CONSTRUCTION OF CERTAIN IMPROVE. MENTS PURSUANT TO K.S.A. 12 -6a01 et seq. WHEREAS, a petition was filed with the City Clerk for the City of Sa- lina. Kansas (the'City ") on January 24, 2013, propos- ing certain improvements Tto K.S.A. 12 -6a01 et seq. (the 'Peti- tion'T and WHEREAS. the Petition sets forth: (a) the general nature of the proposed im- provements; (b ) the esti mated or probable cost of the proposed improve ments; (c) the extent of the proposed improve ment district to be as sessed for the cost of the proposed improvements; (d) the proposed method of assessment; (e) the proposed apportionment of the cost between the improvement district and the City at large; and (f) a request that such improve- ments be made without notice and hearing as re- quired by 1C. S. A. 12- 604(a); and WHEREAS, the owners of record of more than one -half of the area liable to be assessed under the Petition have signed the Petition; and WHEREAS, no signa- tures have been with drawn from the petition before the Governing Body began consideration of the Petition; and WHEREAS, K.S.A. 12 -6a04 provides that the Governing Body may authorize and order public improvements without no- tice and hearing after a sufficient petition has been filed; and WHEREAS, the govern- ing body has reviewed and considered the Pre- liminary Engineering Esti- mate and Feasibility Re port prepared by the City Engineer and agrees with the conclusions set forth therein. NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF SALINA, KANSAS, AS FOLLOWS: Section 1. The Govern- ing Body hereby finds that the Petition is sufficient, and further finds and de termines that it is neces. sary and advisable to make the following im provements: (a) The nature of the ow im- provements are as fol- s: The installation of curb & gutter, pave ment, and grading for approximately 750 lin- eal feet of Prairie Lane (the "Prairie Lane Street Improve- ments"). The installation of curb & gutter, pave ment, and grading for approximately 750 lin- eal feet of Quail Hol- low Drive (the "Quail Hollow Drive Street Improvements "). The installation of ap- proximately 1,687 lin- eal feet of six -inch wa- ter main, 417 lineal feet of eight -inch wa- ter main, fire hydrants, valves, fittings, sery ice connections and all appurtenances thereto for water lines within right of way and /or utility ease ment (the 'Water S s- tem Improvements' The installation of ap- proximately 1,408 lin- eal feet of eight -inch sanitary sewer main, 1,249 lineal feet of four -inch force main, relocation of an exist- ing sanitary pump sta- tion, service connec- tions, manholes and all appurtenances thereto for sanitary sewer lines lying within right of way and /or utility "Sa ease ment, (the nitary Sewer Improve ments"). The installation of ap- proximately 935 lineal feet of storm sewer, inlets, and all appurte- nances thereto for storm sewer lines ly- ing within right of way and /or drainage ease- ment, (the "Drainage Improvements "). (collectively, the "Im- provements"). (b) The estimated cost of the Improvements is: One million one hun- dred sixty -two thou- sand eight hundred nine dollars and sixty -five cents ($1,162,809.65) (to be split approximately as follows: $51,925.61 for the Water System Improvements along Prairie Lane, $81,559.59 for the Water System Im- provements along Quail Hollow, $139,559.45 for the Sanitary Sewer im- provements along Prairie Lane, $182,045.66 for the Sanitary Sewer Im- provements along Quail Hollow, $344,558.76 for the Prairie Lane Street Im- provements and re- lated Drainage Im- provements and $363,160.59 for the Quail Hollow Street Improvements and re- lated Drainage Im- provements). (c) The boundaries of the improvement dis- trict to be assessed are: Lots 1 through 13, Block 1, and Lots 1 through 14, Block 2, all in the Pheasant Ridge Addition No. 2, in the City of Salina, Saline County Kan sas; and an unplatted tract of land abutting the Pheasant Ridge Ac[6 tion No. 2 and within the city limits and de- scribed in two sepa- rate descriptions as Unplatted Tract No. ,): A parcel of land lo- cated in the South- east Quarter (SE /4) of Section Seven- teen (17), Township Fourteen (14) South, Range Two (2) West of the 6th P.M., in Saline County, Kansas, more particularly de- scribed as com- mencing at the Northwest corner of Lot 1, Block 3, the Replat of Pheasant Ridge Addition to the City of Salina, Saline County, Kan- sas; Thence N 00 °01'45" W along the East right -of -way line of Prairie Lane right -of -way and ex- tensions thereof a distance of 395.61 feet to the POINT OF BEGINNING of the parcel to be de- scribed; Thence continuing N 00`01'45" W along said exten sion of Prairie Lane right -of -way a dis tance oomt8 92 feet toap the North line of the Southeast Quarter of the Southeast Quarter; Thence N 89122'34' E along said North line a distance of 470.43 feet; Thence S 00 101'45" E a distance of 459.31 feet; Thence S 89 125'25" W a distance of 470.43 feet to the point of beginning, said parcel contain- ing 4.96 acres, more or less. And A parcel of land lo- cated in the South- east Quarter (SE /4) of Section Seven teen (17), Township Fourteen (14) South, Range lwo .) West of the 6th M., in Saline County, Kansas, more particularly described as begin- ning at the North west corner of Lot One (1), Block Three (3), the Re plat of Pheasant Ridge Addition to the City of Salina, Saline County, Kan- sas, Thence N 00 °01'45` W along the East right -of -way line of Prairie Lane and ex- tensions thereof, a distance of 395.61 feet, Thence N 89 °25'25" E a distance of 470.43 feet, Thence S 00 °01'45" E a distance of 395.61 feet to a point on the North line of the Replat of Pheasant Ridge Ad- dition, Thence S 89 °25'25" W along the North line of said Lot One W a distance of 0.43 feet to the point of beginning. Said parcel contains 4.27 acres, more or less. the "Improvement istrict "). (d) The method of as sessment shall be: Only Lots 1 through 13, Block 1, and Lots 1 through 14, Block 2, all in the Pheasant Ridge Addition No. 2, in the City of Salina, Saline County Kan sas, shall be as sessed for the costs of the Quail Hollow Street Improvements and associated Drain- age Improvements, the Water System Im- provements along Quail Hollow, and the Sanitary Sewer Im- provements along Quail Hollow, and such lots shall be as- sessed equally per square foot for the costs of such improve- ments. All parcels in the Im provement District shall be assessed equally per square foot for costs of the Prairie Lane Street Improvements and as- sociated Drainage Im- provements, the Wa- ter System Improve ments along Prairie Lane and the Sanitary Sewer Improvements along Prairie Lane. (e) The apportionment of cost between the Im provement District and the city at large is: The City at Large shall contribute all Pnroceeds of a Special frastructure Grant from the Environmen- tal Protection Agency (the "EPA Grant ") to pay a portion of the costs of Water Sys tem Improvements. The City at Large shall contribute all pro- ceeds of a Technical Assistance Grant from the North Central Kan- sas Regional Develop- ment Tax Credit Pro- gram (the "NCRPC . Grant") to pay a por- tion of the Prairie Lane Street Improvements, the Quail Hollow Street Improvements and the Drainage Im F Provements. n no event shall the City at Large pay more than 95 Y. of the costs of the Improve- ments. The City at Large contributions shall be in accordance with the Workforce Housing Development Agreement between the City and TWI De- velopment, Inc., ap proved by Resolution 12 -6922 of the City. The remainder of the cost of the Improve ments shall be as sessed to the Im. provement District. Section 2. The Govern- ing Body hereby declares that the Improvements de- scribed in this Resolution are necessary, and authorizes them to be made in accordance with the findings set forth in this Resolution, and fur ther authorizes the levying of assessments and the issuance of bonds there fore, all in accordance with K.S.A. 12 -6a01 et seq. Section 3. The City ex- pects to make capital ex- penditures from and after the date of this Resolution in connection with the Im- provements described herein, and intends to re- imburse itself for such ex- penditures with the pro ceeds of one or more se- ries of general obligation bonds and temporary notes of the City in the maximum principal amount of $1,162 809.65. Section d.The t ity Clerk shall file a certified copy of this Resolution with the Register of Deeds of Sa line County, Kansas. Section S.ThIS Resolu- tion shall take effect after its passage and publica tion once in the official city newspaPTE per. ADO D AND PASSED this 28th day of January, 2013. Norman M. Jennings, Mayor (SEAL) Lieu Ann Elsey, CIVIC, City Clerk (1t)