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97-5153 Advis Auth Woodland Hil(Published in the Salina Journal May /0 , 9V-4SOLUTION RESOLUTION NUMBER 97-5153 A RESOLUTION OF FINDING AS TO THE ADVISABILITY AND A RESOLUTION AUTHORIZING CONSTRUCTION PURSUANT TO K.S.A. 12-6a01 et seg . OF AN IMPROVEMENT CONSISTING OF CERTAIN CURBING, GUTTERING, PAVING, GRADING, WATER MAIN, SEWER AND STORM DRAINAGE IMPROVEMENTS IN WOODLAND HILLS ESTATES ADDITION TO THE CITY OF SALINA, KANSAS. Pursuant to findings of advisability made by the Governing Body of the City of Salina, Kansas. WHEREAS, a petition was filed with the City Clerk on the 1st day of May, 1997, under and pursuant to K.S.A. 12-6a01 et seq . to make certain curbing, guttering, paving, grading, water main, sewer and storm drainage improvements in Woodland Hills Estates Addition. NOW, THEREFORE, be it resolved by the Governing Body of the City of Salina, Kansas, that the following findings as to the advisability of making certain curbing, guttering, paving, grading, water main, sewer and storm drainage improvements in Woodland Hills Estates Addition of the City of Salina, Kansas, are hereby made, to wit: Section 1. That it is necessary and in the public interest to make an improvement consisting of: WOODLAND HILLS ESTATES ADDITION Curbing, guttering, paving, grading and drainage of Estates Drive from the north line of Woodland Hills Estates Addition to the south line of Lot 19, Block 2 to serve Lots 15 through 19, Block 2, Lots 10 through 14, Block 3, Lots 1 through 7, Block 4, Lots 8 through 14, Block 5, Lots 17 through 20, Block 6 and Lots 1 through 5, Block 7. Curbing, guttering, paving, grading and drainage of Glen Avenue from the east line of Lot 7, Block 5 to the east line of Lot 1, Block 5, to the east line of Lot 1, Block 4, to serve Lots 15 through 21, Block 2, Lots 8 through 14, Block 3, Lots 1 through 4, Block 4, Lots 11 through 14, Block 5. Curbing, guttering, paving, grading and drainage of Katherine Avenue from the east line of Lot 7, Block 5 to the east line of Lot 7, Block 4, to serve Lots 4 through 7, Block 4, Lots 8 through 11, Block 5, Lots 17 through 20, Block 6 and Lots 1 through 5, Block 7. Installation of sanitary sewer main to serve Lots 10 through 19, Block 3, Lots 1 through 14, Block 4 and Lots 1 through 10, Block 7. Installation of water main to serve Lots 15 through 19, Block 2, Lots 10 through 14, Block 3, Lots 1 through 7, Block 4, Lots 8 through 14, Block 5, Lots 17 through 20, Block 6 and Lots 1 through 5, Block 7. all in the Woodland Hills Estates Addition to the City of Salina, Saline Countv. Kansas. Section 2. That the estimated and probable cost of such improvement is $426,065.00. Section 3. That the Governing Body hereby further finds and finally determines that the boundaries of the improvement district against a portion of the costs of said improvement shall be assessed are hereby established and fixed as the following legal description: Lots 15 through 21, Block 2, Lots 8 through 19, Block 3, Lots 1 through 14, Block 4, Lots 8 through 14, Block 5, Lots 17 through 20, Block 6, and Lots 1 through 10, Block 7, all in Woodland Hills Estates Addition to the City of Salina. Section 4. The method of assessment shall be that 100% of the total cost assessed against the property shall be based on equal assessments for utilities (water and sanitary sewer) and for streets and drainage to each lot of land without regard to buildings or improvements of the land. COn0i610 sw,n Section 5. The proposed apportionment of cost between the improvement district and the city -at -large is: 1. The costs assessed against the improvement district shall be: 100% of the total cost of street and drainage improvements, including grading, pavement, curb and gutters, storm pipelines, storm inlets and any incidentals thereto to complete the and drainage systems; 100% of the total cost of sanitary sewer pipeline, manholes, service connections and any incidentals thereto to complete the sanitary sewer system; and 100% of the total cost of water mains, fittings, hydrants, water services, valves and any incidentals thereto to complete the water system. 2. The costs chargeable to the City are: none. Section 6. That the advisability of the improvements set forth above is hereby established as authorized by K.S.A. 12-6a01 et seq. Section 7. Be it further resolved that the above described improvement is hereby authorized and declared to be necessary in accordance with the findings of the Governing Body as set out in this resolution. Section 8. The assessment with accrued interest shall be levied as a special tax upon the property included within the benefit district concurrent with the general property taxes and shall be payable in ten (10) equal annual installments. Section 9. 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 10. That for the purpose of providing funds to pay the cost of such improvements until bonds can be issued therefore, the Mayor and City Clerk be and they are hereby authorized to execute temporary notes for 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 11. That the City Clerk is hereby authorized and directed to make progress payments to the contractors for materials furnished and for labor performed under the contract when estimates therefore are presented to him which have been properly certified by the City Engineer, so long as the aggregate payments do not exceed the total contract price. Section 12. That the City expects to incur capital expenditures on and after the date of adoption of this Resolution (the "Expenditures") in connection with such improvements, and intends to reimburse itself for such Expenditures with the proceeds of said bonds or temporary notes in an amount which, depending on the date of issuance of said bonds or temporary notes, may aggregate a maximum of $426,065.00, the anticipated cost of such improvements. Section 13. This resolution shall take effect after its passage and publication once in the official city newspaper. Adopted and passed this 5th day of May, 1997. {SEAL} ATTEST: Ju D . ag , CMC , C�V(lerk Kristin M . Seaton , Mayor Affidavit of Publication Following is a true and correct copy of RESOLUTION NO. 97-5153 together with proof of publication of the same. (Published In The Salina Journal May 10, 1997) RESOLUTION NUMBER AFFIDAVIT 97-5153 A RESOLUTION OF FINDING AS TO THE ADVISABILITY AND A RESOLUTION AUTHORIZING CONSTRUCTION PURSUANT TO I, Jeanny Sharpbeing duly ROVEM NTICONSSTING OF CERTAIN CURBING, GUTTER- ING, PAVING, GRADING, WATER Sworn, declare that I am the Advertising Manager of THE MAIN, SEWER AND STORM DRAINAGE IMPROVEMENTS IN WOODLAND HILLS ESTATES SALINA JOURNAL, a daily newspaper published at Salina, ADDITION TO THE CITY OF SALINA, KANSAS. Pursuant to findings of advisabii- Saline Count Kansas, and of general circulation in said tty Citymadof thina,Ka Kansas. Body of Y, g the City of Salina, Kansas. WHEREAS, a petition was filed With the City Clerk on the 1 st day of county, which newspaper has been continuously and unin- May, 1997, under and pursuant to K.S.A. 12.6a01 at seq. to make certain curbing, guttering, paving, terruptedly published for five consecutive years prior to first grading, water main, sewer and storm drainage improvements in Woodland Hills Estates Addition. NOW, THEREFORE, be it re- publication of attached notice, and that the attached solved by the Governing Body of the City of Salina, Kansas, that the following findings as to the advis- RESOLUTION NO. 97-5153 ability of making certain curbing, guttering; paving, grading, water main, sewer and storm drainage published in said newspaper 1 improvements in Woodland Hills has been correctly P Estates Addition of the City of Sali- na, Kansas, are hereby made, to Wit: times, the first publication being given Section 1. That it is necessary and in the public interest to make an improvement consisting of: in the issue of MAY 10 19 97 WOODLAND HILLS / ESTATES ADDITION i L Curbing, guttering, paving, grading and drainage of Es- tates Drive from the north line /of Woodland Hills Estates Ad- dition to the south line of Lot Subscri d and sworn to be Or me, this t37 19, Block 2 to serve Lots 15 through 19, Block 2, Lots 10 f� 7through 14, Block 3, Lots 1 day of A.D. 19 through 7, Block 4, Lots 8 through 14, Block 5, Lots 17 through 20, Block 6 and Lots 1 through 5, Block 7. Curbing, guttering, paving, Notary Public grading and drainage of Glen Avenue from the east line of Lot 7, Block 5 to the east line --- -LORI L. KOCOL ne fLot1 Block a, 8 rivet Notary Nblic - Stale of Kansas Lots 15 through 21, Block 2, Lots 8 through 14, Block 3, MyAppt. Expires %d Lots 1 through 4, Block 4, Lots 11 through 14, Block 5. Curbing, guttering, paving, grading and drainage of Katherine Avenue from the east line of Lot 7, Block 5 to the east line of Lot 7, Block 4, to serve Lots 4 through 7, Block 4, Lots 8 through 11, Block 5, Lots 17 through 20, Block 6 and Lots 1 through 5,, Block 7. Installation of sanitary sever main to serve Lots 10 through 19, Block 3, Lots 1 through 14, Block 4 and Lots 1 through 10, Block 7. Installation of water main to serve Lots 15 through 19, Block 2, Lots 10 through 14, Block 3, Lots 1 through 7, Block 4, Lots 8 through 14, Block 5, Lots 17 through 20, Block 6 and Lots 1 through 5, Block 7. all in the Woodland Hills Es- tates Addition to the city of Salina, Saline County, Kansas. Section 2. That the estimated and probable cost of such improve- ment is $426,065.00. Section 3. That the Governing Body hereby further finds and fi- nally determines that the bound= aries of the improvement district against a portion of the costs of said improvement shall be as- sessed are hereby established and fixed as the following legal descrip- tion: Lots 15 through 21, Block 2, Lots 8 through 19, Block 3, Lots 1 through 14, Block 4, Lots 8 through 14, Block 5, Lots 17 through 20, Block 6, and Lots 1 through 10, Block 7, all in Woodland Hills Es- tates Addition to the City of Salina. Section 4. The method of as- sessment shall be that 100% of the total cost assessed against the Property shall be based on equal assessments for utilities (water and sanitary sewer) and for streets and drainage to each lot of land without regard to buildings or im- provements of the land. Section 5. The proposed appor- mment of cost between the im- rovement district and the city-at- rge is: 1. The costs assessed against the improvement district shall be: 100% of the total cost of street and drainage improve- ments, including grading, pavement, curb and gutters, storm pipelines, storm inlets and any incidentals thereto to complete the and drainage systems; 100% of the total cost of sani- tary sewer pipeline, manholes, service Connections and any incidentals thereto to complete the sanitary sewer system; and 100% of the total cost of water mains, fittings, hydrants, water services, valves and any inci- dentals thereto to complete the water system. 2. The costs chargeable to the City are: none. Section 6. That the advisability the improvements set forth love is hereby established as au- orized by K.S.A. 12-6a01 at seq. Section 7. Be it further resolved at the above described improve - ant is hereby authorized and de- tred to be necessary in actor - ince with the findings of the Gov- ning Body as set out in this reso- Section S. The assessment witr accrued interest shall be levied as IS special tax upon the property In. cluded within the benefit distrld concurrent with the general proper ty taxes and shall be payable In ten (10) equal annual installments. Section 9. That the City Engi- neerbe and Is hereby ISrected and ordered to prepare plans and specjfications,.and esdmateq of the cost of said improvers nts. Section 10. That for the purpose of providing funds to pay the cost of such improvements until bonds can be issued therefore, the Mayor and City Clerk be and they are hereby authorized to execute tem- porary notes for the City of Salina, Kansas, as provided by K.S.A. 10- 123 and 12-604, not to exceed the aggregate provided by law. Such temporary notes may be is- sued by Resolution from time to time as required during the progress of the work on the im- provements herein recited. Such temporary notes shall be in the form and executed as provided by Section 11. That the City Clerk is hereby authorized and directed to make progress payments to the contractors for materials furnished and for labor performed under the contract when estimates therefore are presented to him which have been properly terrified by the City Engineer, so long as the aggregate payments do not exceed the total contract price. Section 12. That the City ex- pects to incur capital expenditures on and after the date of adoption of this Resolution (the "Expendi- tures") in connection with such im- provements, and intends to reim- burse itself for such Expenditures with the proceeds of said bonds or temporary notes in an amount which, depending on the date of is- suance of said bonds or temporary, notes, may aggregate a maximum of $426,065.00, the anticipated cost of such improvements. Section 13. This resolution shall take effect after its passage and publication once in the official city newspaper. Adopted and passed this 5th day of May, 1997. {SEAL) /s/Krisfin M. Sewn, Mayor ATTEST. /s/Judy D. Long, CMC, City Clerk (tt)