95-4946 Advis Auth Grnd KWUConw1gete0&I.
(Published in the Salina Journal November ,zy , 1995)
RESOLUTION NUMBER 95-4946
A RESOLUTION OF FINDING AS TO THE ADVISABILITY AND A
RESOLUTION AUTHORIZING CONSTRUCTION PURSUANT TO K.S.A. 12-601
et seg. OF AN IMPROVEMENT CONSISTING OF CERTAIN CURBING,
GUTTERING, PAVING, GRADING AND STORM DRAINAGE IMPROVEMENTS ON
MINNEAPOLIS AVENUE IN THE ADDITION TO THE GROUNDS OF KANSAS
WESLEYAN UNIVERSITY, AN ADDITION TO THE CITY OF SALINA, KANSAS
AND RESCINDING RESOLUTION NUMBER 95-4939.
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 17th day
of August, 1994, under and pursuant to K.S.A. 12-6a01 et seq . to make certain
curbing, guttering, paving, grading and storm drainage improvements on
Minneapolis Avenue in the Addition to the Grounds of Kansas Wesleyan
University.
WHEREAS, Resolution Number 95-4939 which was previously adopted
and passed by the Governing Body the 6th day of November, 1995 contained
an error in the legal description.
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 and storm drainage
improvements on Minneapolis Avenue in the Addition to the Grounds of Kansas
Wesleyan University, an 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:
ADDITION TO THE GROUNDS OF KANSAS WESLEYAN UNIVERSITY
Curbing, guttering, paving, grading and storm drainage of:
Minneapolis Avenue from Quincy Avenue to the west line of Lot 33
and 10 feet west of the east line of Lot 32 in the Addition to the
Grounds of Kansas Wesleyan University.
Section 2. That the estimated and probable cost of such
improvement is $19,618.00.
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 32 through 40 on
Minneapolis Avenue in the Addition to the Grounds of Kansas Wesleyan
University, an 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 the front footage of
each lot of land without regard to buildings or improvements of the land.
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 the
total cost of street and drainage improvements, including
grading, pavement and driveways and any incidentals thereto to
complete the street and drainage improvements, except the
following:
2. The costs assessed the city -at -large shall be the total cost of
street and drainage improvements, including curb and gutters,
storm inlets and any incidentals thereto to complete the street
and drainage improvements.
Section 6. That the advisability of the improvements set forth
above is hereby established as authorized by K.S.A. 12-6a01 et seq .
coy IdItee Sarna
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 $19,618.00, the anticipated cost of such
improvements. The Board of Commissioners has determined that the funds to
be advanced to pay Expenditures are or will be available only for a temporary
period and it is necessary to reimburse the City with the proceeds of a
borrowing for Expenditures made on and after the date hereof. As of the date
hereof, there are no funds from sources other than said bonds or temporary
notes that are, or are reasonably expected to be, reserved, allocated on a
long-term basis, or otherwise set aside by the City to pay the Expenditures.
This Resolution constitutes a declaration of official intent under Treasury
Regulation Section 1.103-18 issued under the Internal Revenue Code of 1986,
as amended, and the adoption of this Resolution is consistent with the
budgetary and financial circumstances of the City.
Section 13. That Resolution Number 95-4939 is hereby rescinded.
Section 14. This resolution shall take effect after its passage and
publication once in the official city newspaper.
{SEAL}
ATTEST:
Adopted and passed this 20th day of November, 1995.
4-
g,
-g, City Cl
John Divine, Mayor