4109 Improvements Georgetown
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PROTEST PETITION
FILED
'95~ PPI ~ ~
SALINA, KANSAS
CITY OF ¿/.UNA, i<S
CITY CLERK'S OFFICE
TO:
CITY COMMISSIONERS OF THE CITY OF
COMES NOW. the undersigned, and states and alleges
as follows:
1.
The undersigned is the owner of record of more
than fifty-one percent (51%) of the property within the
improvement district and also the owner of record of more
than one-half of the total area of such district as
described in Resolution No. 95-4913, attached hereto and
marked Exhibit "A".
2.
That not more than twenty (20) days have passed
after the publication of the resolution ordering the
improvement recited in said resolution.
3.
That the undersigned h~reby request that the
improvement referenced in Resolution No. 95-4913 shall
not be commenced and that this Petition requesting that
the improvement not be ccmmenced is filed pursuant to
K.S.A. 12-&a06.
Dated this
7.t:.h.
day of September, 1995.
GEORGETOWN, INC.
BY:~~
ELLY RITT , ESIDENT
2103 S. Ohio -
Salina, KS 67401
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VERIFICATION
STATE OF KANSAS
ss:
COUNTY OF
Elly Ritter, President of Georgetown, Inc., of
lawful age, being first duly sworn on her oath, states as
follows: That she is the Petitioner in the above-
captioned action; that she has read and signed the
foregoing document; and that the statements therein
contained are true and correct according to her
knowledge. information, and belief.
) . . ~~-h1)
EI.LY R E PRESIDENT
Georgetown, Inc.
SUBSCRIBED AND SWORN TO before me, a N°1;~y Public
in and for said county and state, on this day of
september, 1995.
~a~
Notar Public
C:\kww\protest.pet A!I - 09-07-95
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EXHIBIT "A"
(Publishcd in [he Salina Journal August
, 1995)
RESOLUTION NUMBER 95-4913
A RBSOLUTION AUTHORIZING AND ORDRRING CBRTAIN CURDING,
GUTTßRING, PAVING, GRADING ANI> RBLATßD STORM WATBR DRAINAOB
IMPROVEMBNTS IN THB ON SlUTZ DRIVE DB1WBBN PHEASANT LANB AND
CRAWFORD STROUT IN Tim CITY OF SAUNA; AND ORDBRINO PRBPARATION
OF PLANS AND SPECIFICATIONS AND Tim ESTIMATE OF COSTS.
WlWRßA5, the Governing Body of the City of Salina, Kansas dId
hold 1\ public hearing on the advlsab\l1ty of making certllin curbing, guttering,
pavlns, grndlng and related storm wate,' drainage improvements:
WllnRßAS, said public hcarlng was adjourned on the 7th day of
August, 1995; and
WJIERHAS, nutke of said public hearing was duly published as
required by K.S,A. 12-6a04; and
WlffiRJ1.AS, Ihe Governing Body did on the 7th day of August, 1995,
duly adopt a resolution finding and determining that said improvement was
advisable; and
"
WIJßRßAS, six months have not elapsed since the rinal adjournment
of said public hearing.
NOW, TlfERßJ10RB, be it resolved by the Governing Body of the
City of Salina, Kansas:
Section I. That the following improvements al'e hereby
authorizcd and ordered to be made in accordance with the findings of the
governing body upon the advisability of the improvemt'-nt as follows:
HßrLAT OF DLOCKS 4, 10, 11 AND J2 GfiORGBTOWN ADDITION
curbing, glittering. paving, grading ¡md related storm
drainage improvements on Seitz IJrive between Pheasant Lane
and Crawford Street, in the City of Salina, Kansa1>.
Section 2.
is $106.694,50,
The estimated and probable cost of such improvement
Section 3. The improvement district is the south '10,4 feet of Lot
10, all of Lots t 1 through 16, "lock 6, Md Lots 17 through 21, Block 5, Replat
of Blocks 4. 10, 11 ad 12, Georgetown Addition to th~ City of Salina, Saline
County, Kansas.
Section 4. The method of assessment shall be that IQO% of the
total cost assessed against the against the propel'ty shall be based upon the
adjusted front footage of each lot in the improvement (benefit) district.
Section 5, The proposed apportionment
improvement district and the city-at-large is:
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I.
The costs aSsctHjed against the impn~vcmcm district shall be 1007.- .',
of the total cost of street improvements. Including grading,
pavement I curb and gutters, and any Incidentals thereto to
complete the street and 100% of thc total cost øf storm sewea'.
pipeline. manholes. inlcts and any incidental thereto to complete
the storm sewer system, except the following:
The costs R6fiess~d 8galnst the clty-at-Iarge shall be 1~ of the
total cost at 267 L. F. of 5.1 S, F, storm sewer pipeline and plpè
end ¡¡ections to enclose the existing open drafn88c channel
between Lots 10 and 11, Bluck 6, between the CAst curb of
Still. Drive ond the rear of said lots.
2.
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 i
(b) A dclay in COOlll1enccment 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 fmprovcn\('.nt bonds of the city.
Therefore, the commencement of t>'p'ecia\ assessments for each lot in
the improvement district shall be delayed until the earlier of:
WOUld(
(a) Four (4) year!; from the date the ¡¡peciul assessments
have otherwise been levied against that lot; 01'
(I» The dute upon which that lot qualifies as a buildable lot
("buildable lot" means a lot which qualifies fol' the issuance of
a building permit by virtue of the availability of streets and
water and sewer utilities).
Interest shall not accrue on the delayed I;pecial assessments for the
designated period of the delay for each lot. Upon expiration of the period of
delay fol' each lot, interest shall begin to accrue at the rate stated in the
ordinance levying thc special assessments as determined in accordance with
Ordinance Number 95-9701.
Section 7. The assessment with accrued interest shall be levied as
a speciul tax upon the property included within the benefit district concurrent
with the genc 'ul property taxes and shall be payable in ten (10) equal annual
Installment!> .
Section H. -, That the City Engineer be and is hereby directed and
ordered to prepfU.C plnhR and specifications, and estimates of the cost of said
improvements.
Section 9, That the City Clerk is hereby authorized and directed
to make progress paymcnts to the contractors fo/" materials furnished and for.
labol' performed under the contract wht'n estimates the/"efore ttre presented to.-
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him which ha\'c been properly certified by the City Engineer. !iO long liS the
aggregate payment!; do not cxcecd the totl\l contract price.
Section 10. That the Improvement shall not be commr.nctd If.
within 20 dllYs after publication of this resolution, written protests signed by
both Sit or mole of the resident ownen of record of property within the
improvement di!;trict and the owners of record of morc than half of the tolftl
area of said distriçt arc filed with the City Clerk.
Section J J. This resolution shall toke effect after its pa!;&agc and
publication once in the official city ncw&paper.
Adopted and passed this 14th dlty of August, J995.
{SBAL}
ATTEST:
John Divinc, Mayor
Judy 1>. Long, City Clerk
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NORTON .WASSERMAN .JONES .KELLY
í:"~Ci ¿,d~5
FRA"K C1'>ORTO"
. .......-': :~,-?CE
~IAllI"G ADDRESS,
Po. Bo, 2388
S,lim, K5 67..01-2388
KE1'>:';Enl W. \\'ASSERSI,\"
ROBERT S. JOC';ES
:';ORMAN R. KElLY
lIMO1I1Y M. IIEM)ERSOC';
Altomeys at Law
LAWOIFlnSAT,
21SS S"",. Fe
531ina, KS67401
ROBERT A. MARl I"
T,kln",., 91J,827-36-I6
T,kü,\,i<, 913 S27-0B8
December 11, 1995
VIA FAX
City Commissioners
City of Salina
300 W. Ash
Salina, KS 67401
Fax J 826-7244
RE:
Application No. PDD88-4C, Filed by Country Oak
Development
Dear Commission Members:
On behalf of my client, Country Oak Development,
please withdraw the above referenced Petition from
consideration at the City Commission today, December 11,
1995.
KWW/ka
Very truly yours,
~ «f aI~
~neth W, ~sse=an ~~
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PlANNING AND DEVELOPMENT
Oty-Counly Building' 300 West Ash Stre.. . P.o. Box 736
Sal;na, Kan... 67402-0736
TELEPHONE (913) 826- 72W . FAX (913) 826-7244
Salina
ÞIDId
~lir
september 7, 1995
RE:
Applicatian IPDDBB-4C
Country Oak Develapment Carp.
Dear Praperty Owner:
Applicatian ftPDDBB-4C, filed by Cauntry Oak Develapment Carp,
requesting rezaning af 11 lats an Dustin Rd. fram PDD MH-S
(Manufactured Hame Subdivisian) to. PDD R-2 (Multi-Family
Residential) to. allaw canstructian of additianal duplexes has been
filed far a public hearing be fare the City Planning Cammissian.
The request area is legally described as Lats 10-14 plus the East
27 ft. af Lat 15, Block 2 and Lats 4-9 plus the East 33.30 ft. af
Lat 3, black 3, in the Cauntry Oak Estates Subdivisian (aka 700
Black af Dustin Rd.
A public hearing an this applicatian is scheduled far Octaber 3,
1995, at 4:00 p.m. in Raam 103 af the City-Caunty Building. Yau
are invited to. attend and may submit any infarmatian in favar af ar
in appasitian to. the request at that time. Yau may pratest this
applicatian regardless af any action that the Planning Cammissian
takes by filing a written pratest with the City Clerk within 14
days after the canclusian af the public hearing held by the
Planning Cammission pursuant to. this natice. Pratest petitians are
available at the City Clerk's affice.
This natice is being mailed to. all awners af property within
praximity af the area requested far rezaning. A maE af the request
area and vicinity is enclased. Yau are welcame at the City
Planning Department, Raam 205 af the City-Caunty Building, to.
review the file af this applicatian.
Sincerely,
'R(}-:D~
Ray Dudark,
Directar af Planning and Develapment
Enclasure:
Vicinity Map
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