4111 Improvements Georgetown
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FILED .'
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TO:
CITY Or S.~U:L\, ¡(S
CITY COMMISSIONERS OF TH'IT::'(-f*qf)p'~RlJ~'À~ KANSAS
PROTEST PETITION
COMES NOW. the unåersigned. and states and alleges as follows:
1.
The undersigned are the owners of record of more than fifty-one percent
(51%) of the property within the improvement district and also the owners
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 pass(;d after the publication
of the resolution ordering the improvement recited in said resolution.
3.
That the undersigned hereby request that the improvement referenced
in Resolution No. 95-4913 shall not be commenced and that this Petition
requesting that the improvement not be commenced is filed pursuant to
K.S.A. I2-GaOG.
Dated this
¡HÞ
day of October, 1995.
GEORGETOWN, INC.
JOSEPH RITTER
h;;./ .
By: . -'(-r::t1))
Elly Her. President
2103 S. Ohio
Salina, Kansas 67401
BY'b.A- ~ ~
(;! oseph Ritter V
/1942 Valley View
Salina, Kansas 67401
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VERIFICATION
STATE OF KANSAS
COUNTY OF
Saline
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SS:
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 abovecaptioned 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.
)II~
ELL Y T R, PRESI DENT
Georgetown, Inc.
Joseph Ritter of lawful age, being first duly sworn on his oath, states
as follows: That he is the Petitioner in the abovecaptioned action; that
he has read and signed the foregoing document; and that the statements
therein contained are true and correct according to his knowledge, information.
and belief. "'; ,-i:-
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JpSEPH ITTI:
(>
SUBSCRIBED AND'SWORN TO before me, a Notary Public in and for
said county and state, on this ~ day of October. 1995.
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No ary Pub ic
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EXIIIDI'i' "A"
(Published in the Salina Journal August
RCSOLUTION NUMBER 95-4913
, 1995)
A RBSOLUTION AUTHORIZING AND ORDERING CBRTAIN CURDING,
GUTTßR lNG , PAVING, GRAí>ING AND RELATHD STORM WATBR DRAINAGB
IMPROVEMBNTS IN TIm ON SlUTZ DRIVE nBTWEBN PHEASANT LANE ANn
CRAWFORD STRßßT IN Tim CITY OF SALINA; AND ORDßRING PREPARATION
OF PLANS AND SPECIFICATIONS AND TUß BSTIMATß OF COSTS.
WlWRßAS, the Governing Body of the City of Salina, Kansas did
hold 1\ public hearing on the advisability of making certain curbing, guttering,
paving, grnding and related storm water drainage improvements;
WlillRßAS, said public h~rlng was adjourned on the 7th day of
August, 1995; and
WHBIŒAS, noticc" of said public hearing was duly publír;hed as
required by K.S.A. 12-6a04; and
WlffiRJ1.AS, Ihe Governing Body did on the 7th day of August, 1995,
duly adopt II. resolution finding and determining that said improvement was
advisablc; and
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WIIJ7.RF,AS, six months have not c/llp~t:d since the final adjournment
of 6aid public hearing.
NOW, TIfI3RRFORE, be it resolved by the Governing Body of the
City or Salina, Kansas:
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Section J. That the following improvements are hereby
authorized and ordered to be made in accordance with the findingI') of the
governing body upon the advisability of the improvcmcnt as follows:
RnrLAT OF DLOCKS 4, 10, 11 AND J2 GllORGBTOWN ADDITION
curbing, guttering, paving, grading ,md related stOl'm
drainage improvements on Seitz Drive between Pheasant Lane
and Crawford Street, ¡Ii tIt\} City oj Sl\lina, Knnsas.
Section 2.
is $106,(,94.50.
Section 3. The improvement district is the south "10.4 feel of Lot
10, all of Lots 11 through 16, Ulock 6, tmd Lots 17 through 21, Block 5, Replat
of ßJocks 4, 10, J J ad 12, Georgetown Addition to tht: City of Salina, Salinc
County, Kansas.
The estimated and probable cost of such improvement
Section 4. The method of assessment shall be thnt 100% of the
total cost assessed against the against the property shall be based upon the
adjusted front footage of each lot in the improvement (hencfit) di5tJ:i!=t.
Section 5. The proposed apportionment of COlit
improvement district and the city-at~large is:
SEP--Ø7-199S 13:41 9138231868
between
the
P.ß2
1.
The costs asscstied against the improvcmen\ district shall be 100"'-
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 scwel',
pipeline, IIlRnholes, inlets and any incidental thereto to complete
the storm sewer 6ystem, except the following:
The costs Iuisessed against the city-at-Iacge shall be JO~ of the
total cost at 267 L. F, of S. S. F, storm sewer pipeline and pIpe
end sections to enclose the cxisting open draInage chRnnel
between Lots 10 and 11, Block (i, between the cast curb of
Seitz Drive and the rear of said lots.
2,
Section 6, That pursuant to Ordinance Number 95-970J, It is
round thot:
(a) Completion of the improvement is a significant factor in relation
to public healt!l and sdet y i
(b) A delay in conllllencernent of the spccial assessments Is essential
to the fair administration of payment for the improvement i and
(c) The cost of the improvement is to be paid Crom the city's general
funds and not internal Impl'ovcmcnt bonds of the city.
Thcrcfore, the commencement of tipecial assessments for each lot in
the improvement district shall be delayed until the earlier of:
woUld(
(a) l'our (4) ycarli from the date the special assessments
have otherwise been levied against that loti 01'
(b) The dilte upon which that lot qualifies 115 a buildable lot
("buildable lot" means 1\ lot which quallfie:> for the issuance of
n building pemlÌl by virtue of the availability of streets and
water and 5eWCI' utilities) 0
Inte,'cst shall not accrue on the delayed lipecial assessments for the
designated period of lhe--delay ror each lot. Upon expiration of the period of
delay fo,' each lut, interest shull bcgin to accrue at the rate stilted in the
ordinance Icvying the s lt:cial assessment s os determined in accordance with
Ordinance Number 95-970).
Section 7. The assessment with accrued interest shall be levied as
a specIal tax upon tht: property included within the benefit district concurrent
with the gencl'Ul propcrty taxcs and sholl be payable in ten (JO) equal annual
Installments. .
Sectiun H, That the City Engineer be and .is hereby directed and
ordered to prt:pnn°. plans and specifications, and estimates of the cost of said
improvement!} ,
Section 9, That the City Clerk is hereby authorized Ilnd directed
to make progress puYll1ents to the contracLors for materia!!¡ ful"llisll,cd and for
lubol' performed under the contract wlwn <:stimutes thercfore tire presented to -
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him which have I>een p.-operly certified I>y the City Engineer, :\0 long as thc
aggregate payment!; do not exceed the totnl contract price.
Section 10. That the Improvement shill! not be conunenced if,
within 20 dllYs dter publication of this resolution, written protests signed by
both Sl~ or more of the resident owners of record of property. within the
improvement di!;tt'Íct and the owners of record of more than half of the total
orca of said district are { Jcd with the City Clerk.
Section I I . This rcsolutlon shall tal\e cffect after i\s palisage and
publication once in. the official city newsp"pcr.
Adopted and passed this 14th day of August, 1995.
{SEAL}
ATTßST:
John Divine, Mayor
Judy 1>. Lollg. <:lIy Clcrk
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