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13-6986Publisher's Affidavit I, Christy Fink . being duly sworn declare that I am a T.pgal Cnordinatnr 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 No. 13 -6986 Notice has been correctly published in the entire issue of said newspaper one time, publication being given in the issue of March 9, 2013 Ci,.S ��k Subscribed and sworn to before me, this ?' day of /Y l aAZ,41 A.D. 20 / 3 Printer's Fee $489.00 K MEUSCS�A MNDHOLZ ��_ (Published in the Salina Journal March 9, 2013) RESOLUTION NUMBER 13 -6986 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 Salina, Kansas (the "City ") on February 27, 2013, proposing cer. tain improvements pursu- ant to K.S.A. 12 -6a01 el seq. (the "Petition "); 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 froposed 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 K.S.A. 12- 6a04(a); and WHEREAS, all the owners of record of property to gated within the proposed improvement district have signed the Petition; and WHEREAS, no signatures have been withdrawn from the petition before the Governing Body be an consideration of the �eti- tion; and WHEREAS, K.S.A. 12 -6a04 provides that the Governing Body may authorize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 governing body has reviewed and considered the Preliminary Engineering Estimate and Feasibility Report pre pared by the City Engineer and agrees with the con clusions 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 im- provements are as fol- lows: The curb, gut ter, pavement and grading for approxi mately 322 lineal feet of Melanie Lane (the "Melanie Lane Street Improvements ") and 835 lineal feet of Ritt- gers Lane (the "Riff gers Lane Street Im- Provements ", and col - ectively, the "Street Improvements "). The installation of approxi- mately 613 lineal feet of storm sewer pipe, inlets, and all appurte- nances thereto (the "Drainage Improve- ments"). The installa- tion of approximately 831 lineal feet of six -inch water main,, 416 lineal feet of eight -inch water main, fire hydrants, valves, fittings, service con nections for water lines and all appurte- nances thereto (the "Water System Im provements ").The in- stallation of approxi mately 847 lineal feet of eight -inch sanitary sewer main, service connections for sewer lines, manholes, and all ap urtenances thereto the "Sanitary Sewer Improve ments"). (collectively, the "Improvements "). (b) The estimated cost of the Improvements is: Four hundred eight thousand seven hundred forty-five dol- lars and seventiyy ei ht cents ($408,745.78jq (c) The boundaries of the improvement dis- trict to be assessed are: Lots 11 through 20, Block 5; Lots 2 through 11, Block 6 all in the Quail Meadows Estates Addition and Lot 1, less the south 125 feet, Block 1 of Quail Meadows Com- mercial Addition, all in the City of Salina, Sa- line County, Kansas. the "Improvement istrict "). (d) The method of as sessment shall be: The lots in the Im provement District shall be assessed by front footage for the Street Improvements and Water Improve ments, and by square footage for the Sam tary Sewer Improve- ments and Drainage Improvements. (e) The apportionment of cost between the Improvement District and the city at large is: One hundred per- cent (100 %) of the to- tal cost of the Im provements shall be assessed to the Im provement District and no portion of costs shall be paid by the City at Large. The costs of the Improve- ments within the Im provement District shall be further allo cated as follows: One hundred percent (100 %) of Melanie Lane Street Improve- ments shall be as. sessed against all lots within the Improve ment District; One hundred percent (100 %) of Rittgers Lane Street Improve- ments shall be as sessed to Lots 11 through 20, Block 5 and Lots 2 through 11, Block 6, Quail Meadows Estates Ad- dition; One hundred percent (100 %) of Drainage Improve ments shall be as sessed to Lots 11 through 20, Block 5 and Lots 2 through 11, Block 6, Quail Meadows Estates Ad- dition; The first $20,025.97 of the costs of the Water Im- provements shall be assessed to Lots 11 through 20, Block 5 and Lot 1, less the south 125 feet, Block 1 Quail Meadows Commercial Addition and the remainder of the costs shall be as- sessed against all lots within the Improve ment District; One hundred percent (100 %) of Sanitary Sewer Improvements shall be assessed to Lots 11 through 20. Block 5, and Lots 2 through 11, Block 6, Quail Meadows Es tates Addition. n 2 The Govern- ing Body ereby 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 general obliga- tion bonds of the City in the maximum principal amount of $408,745.78. Section 4. That certain Improvement District De- velopment Agreement be- tween the City and Quail Meadow, Inc., is hereby approved in substantially the form presented to the governing body on this date. The Mayor is authorized to execute the Development Agreement' on behalf of the City and the Mayor, Clerk and other City staff are authorized to take such further actions as necessary to carry out the transactions contem pelateo thereby. �Ctlo 5. The City Clerk shall file a certified copy of this Resolution with the Register of Deeds of Sa• line County, Kansas. ct on 6. This Resolu- tion s a take effect after its passage and publica tion once in the official city newspaper. ADOPTED AND PASSED this 4th day of March, 2013. Norman M. Jennings, Mayor (SEAL) Lieu Ann Elsey, CMC, City Clerk (tt)