95-4913 Auth Seitz DriveCmedgeU65allre
(Published in the Salina Journal August /9 , 1995)
RESOLUTION NUMBER 95-4913
A RESOLUTION AUTHORIZING AND ORDERING CERTAIN CURBING,
GUTTERING, PAVING, GRADING AND RELATED STORM WATER DRAINAGE
IMPROVEMENTS IN THE ON SEITZ DRIVE BETWEEN PHEASANT LANE AND
CRAWFORD STREET IN THE CITY OF SALINA; AND ORDERING PREPARATION
OF PLANS AND SPECIFICATIONS AND THE ESTIMATE OF COSTS.
WHEREAS, the Governing Body of the City of Salina, Kansas did
hold a public hearing on the advisability of making certain curbing, guttering,
paving, grading and related storm water drainage improvements;
WHEREAS, said public hearing was adjourned on the 7th day of
August, 1995; and
WHEREAS, notice of said public hearing was duly published as
required by K.S.A. 12-604; and
WHEREAS, the Governing Body did on the 7th day of August, 1995,
duly adopt a resolution finding and determining that said improvement was
advisable; and
WHEREAS, six months have not elapsed since the final adjournment
of said public hearing.
NOW, THEREFORE, be it resolved by the Governing Body of the
City of Salina, Kansas:
Section 1. That the following improvements are hereby
authorized and ordered to be made in accordance with the findings of the
governing body upon the advisability of the improvement as follows:
REPLAT OF BLOCKS 4, 10, 11 AND 12 GEORGETOWN ADDITION
curbing, guttering, paving, grading and related storm
drainage improvements on Seitz Drive between Pheasant Lane
and Crawford Street, in the City of Salina, Kansas.
Section 2. The estimated and probable cost of such improvement
is $106,694.50.
Section 3. The improvement district is the south 10.4 feet of Lot
10, all of Lots 11 through 16, Block 6, and Lots 17 through 21, Block 5, Replat
of Blocks 4, 10, 11 ad 12, Georgetown Addition to the City of Salina, Saline
County, Kansas.
Section 4. The method of assessment shall be that 1007. of the
total cost assessed against the against the property shall be based upon the
adjusted front footage of each lot in the improvement (benefit) district.
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 1007.
of the total cost of street improvements, including grading,
pavement, curb and gutters, and any incidentals thereto to
complete the street and 100% of the total cost of storm sewer,
pipeline, manholes, inlets and any incidental thereto to complete
the storm sewer system, except the following:
2. The costs assessed against the city -at -large shall be 100% of the
total cost at 267 L.F. of 5.1 S.F. storm sewer pipeline and pipe
end sections to enclose the existing open drainage channel
between Lots 10 and 11, Block 6, between the east curb of
Seitz Drive and the rear of said lots.
Section 6. That pursuant to Ordinance Number 95-9701, it is
found that:
(a) Completion of the improvement is a significant factor in relation
to public health and safety;
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(b) A delay in commencement of the special assessments is essential
to the fair administration of payment for the improvement; and
(c) The cost of the improvement is to be paid from the city's general
funds and not internal improvement bonds of the city.
Therefore, the commencement of special assessments for each lot in
the improvement district shall be delayed until the earlier of:
(a) Four (4) years from the date the special assessments would
have otherwise been levied against that lot; or
(b) The date upon which that lot qualifies as a buildable lot
("buildable lot" means a lot which qualifies for the issuance of
a building permit by virtue of the availability of streets and
water and sewer utilities) .
Section 7. 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 8. 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 9. 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 10. That the improvement shall not be commenced if,
within 20 days after publication of this resolution, written protests signed by
both 51% or more of the resident owners of record of property within the
improvement district and the owners of record of more than half of the total
area of said district are filed with the City Clerk.
Section 11. This resolution shall take effect after its passage and
publication once in the official city newspaper.
Adopted and passed this 14th day of August, 1995.
{SEAL}
ATTEST:
Jud D . n City Y g Y
C?Joh�n%ivine, Mayor
Interest
shall not accrue
on the delayed special assessments for the
designated
period
of the delay for
each lot. Upon expiration of the period of
delay for
each lot,
interest shall
begin to accrue at the rate stated in the
ordinance
levying
the special assessments as determined in accordance with
Ordinance
Number
95-9701.
Section 7. 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 8. 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 9. 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 10. That the improvement shall not be commenced if,
within 20 days after publication of this resolution, written protests signed by
both 51% or more of the resident owners of record of property within the
improvement district and the owners of record of more than half of the total
area of said district are filed with the City Clerk.
Section 11. This resolution shall take effect after its passage and
publication once in the official city newspaper.
Adopted and passed this 14th day of August, 1995.
{SEAL}
ATTEST:
Jud D . n City Y g Y
C?Joh�n%ivine, Mayor