4112 Improvements Georgetown
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TO:
fiLED
CITY COMMISSIONERS OF TIlE CITY OF SALINA. KANSAS m 2 58
'95 OCT 17 PII
PROTEST PhLITION
CITY Or S!,U¡iA. KS
CITY CLERK'S OFFICE
COKES 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 owners
of record of more than one-half of the total area of such district as
described in Resolution No. 95-4913, attachc'd hereto and marked Exhibit
"A".
2. .' . That not more than twenty (20) days have passed after the public,ation
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. 12-6a06.
Dated this
I {, 'L
day of October, 1995.
By: ~~;.ÐF'--':~
TodhDrown
635 Georgetown
Salina. Kansas 67401
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STATE OF KANSAS
COUNTY OF SALINE
VERIFICATION
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SS:
Todd M. Drown of lawful age. being first duly sworn on his oath.
states au 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 arc true and correct according
to his knowledge, information, and belief.
SUBSCRIBED
said county and
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TOD . DROWN
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AND SWORN TO before me, a Notary l'ublic in and for
state, on this 16th day of October, 1995.
~ ~J!¡;~
N tary Public
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EXIIIIHT '~J\"'.
(Published in thc Salina Journal Augu St
I 1995)
Rl!SOLUTION NUMDBR 95-4913
A RBSOLUTION AUTHORIZING AND ORDBRING CßRTAIN CURDING,
GUTTßRING, PAVING, GRADING AND RBLATßD STORM WATBR DRAINAGr
IMPROVßMßNTS IN TIm ON SHITZ DRlvn DETWBEN PIIDASANT LANll ANI'.
CRAWFORD STRßOT IN Tim CITY OP SAUNA; AND ORDERING PllliJ>ARATIOI'i
01: PLANS AND SPECIFICATIONS AND Till! nSTlMATß OF COSTS.
WlffiRßAS, the Governing Body of the City of SaliM. Kansas did
hold n publie hcaring on the ndvlariabllity of making certnin curbing, gutterillg.
paving. grndlng and relntr.d storm Water drainage improvements;
\\lffiRI!AS. ~nid public hearIng was ndJoumcd on the 7th day of'
August, 1995; and
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WHBllliAS, nutic~' of said public hearing was duly published as
required by K.S.A. 12-6804; and -'
WJffiRJ1.^S. the Governin8 Dody did on the 7th day of August, 1995,
duly adopt n resolution finding and determining 1hl\\ said Improvement was
advisable; and
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WlmRF.^S, six months have not ehtp:öcd since the final nd ounllllent
of 6aid public hearing.
NOW, TJfBRßJ10RB, be it rc:solved by the Governing Dody of the
City of Salina, Kansas:
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Section J. Thot the following Improvements ¡U'C hereby
authorized Rnd ordered to be made in accordance with the finding/¡ of the
governing body upon lhe advisability of the improvcmcl1t as follows:
JŒPLAT OF DLOCKS 4, 10, 11 AND 12 GfiORGETOWN ADDITION
curbing, guttering, paving, grading ¡md related storm
drainage Improvement:; on Seitz IJrive between Pheasant Lane
and Crawford Street, ¡Ii th~ City of Sulinll, Knmia:o;, -
Section 2.
is $106,(,94.50.
Section 3. The improvement district is the south "0.4 feel of Lot
10. all of Lot::; 11 through 16, Block 6, ¡md l..ots 17 through 21, Block 5, Rcplat
of ßlocks 4, 10. J J ad 12, Georgetown Addition to thc City of Salinn, Solinc
County, Kansas.
The cstimated and probable cost of such improvement
Section 4. 'The method of assessment shall be that )007. of the
total cost assessed against the against the propeny shall be based upon the
adjusted front footage of each lot in the improvement (hcncfit) dist":ï~t.
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Section 5. The proposed apponioJ1mcl1t
im)1J"ovement district and the city-at -large is:
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of cost
betwecn
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1.
The costs asselilied against the improvcmem district shall be 1007
of the total cost of street improvements, including grading,
pllvement, curb nnd gutlers, and any incidentals thereto to
complete the street and 1007. of the total cost of storm sewel',
pipeline, lIIanholes, inlets and any incidental thereto to complete
the $torm sewer Gystcrn, except the following:
The costs 1l6sessed IIgnlnst the city-at-Iarge shall be 100% of the
total cost at 267 L. F. of S. J S. F. storm ¡¡ewer pipeline and pIpe
end sections to cnclo5e the existing open draInage channel
between Lots 10 and 11, Bluck 6, between the cast eurb of
Scit~ Drive Dnd the renr of said lots. ' -
2.
Section 6. That pursuant to O,odinance Number 95-9701, It Is
found that:
(a) Completion 'of the improyemenL is a significant facto,. in relation
to public healt!a nnd safety i
(b) A delay in commencement of the special nssessments Is essential
to the fnir administration of payment Cor the impTovemcnt: and
(c) The cost of the impl"Ovement is to be paid from the city's 8cmend
Cunds and not internal Improvelll{'.nt bond& of the city.
Therefore, the commencemenl oC "pecisl assessments for caeh lot in
the improvement district shall be delayed until the earlier of:
WOUld(
(n) Pour (4) yeart; from the datc the special as:Jessmcnts
have othr.rwise been levied against that loti 01"
(b) The d¡lte upon whieh then lot qualifies 115 a buildable lot
("builduble lot" means a lot which qualifies for thc- ilìsuance of
L\ building pel"lnÌl by yÏ¡°tuc of the availability of streets ond
water nnd sewer utilities).
Jntc/"cst shall not. IIcerue on the delaycd "peCÎal assessmentli _for the
designated period of the-delay for each lot. Upon cxpirntion of thc period of
delay fol" each lot. interest 5hal\ begin to Accrue at the rnte &tatt,d in the
ordinAnce levying the special assessments AS determined in accordance with
Ordinance Number 95-970J.
Section 7. The asseSlõment with accrued interest shall be Jevied as
II speclul tax upon the property included within the bencCit district concurrent
with th... genel"ul property taxes and shall be payable in ten (10) equal annual
Im;tallmcnts.
Section H. That the City Engineer be and ili hereby directed and
ordered to prepnn~ planl! and speeification5, and estimates of the cost "C said
improvemcn t~.
Section 9. That the City Clerk is hereby Ruthorized I1nd directed
to make progress puY'lIents to the eontracton, (or materials fUl"/li:; l,ed and for
labol" performed under the contruct whl'n estimutes therefore arc presented to -
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him which have been properly certified by the City En~incer, ~o long as the
aggregate payment ¡ do not exceed the totnl contract price.
Section 10. That the Improvcnn:nt sholl not be commenced if,
within 20 days after publication of thi8 resolution, written protests signed by
both Sl~ or more of the resident owncrs of record of property within the
improvement difitrÎCl and the owners of record of more thaI! half of thc totnl
arcß or Sl\id district arc Wed with the City Clerk.
Section 1 J. Thi& resolution shall take crCect after its pa¡¡¡"age and
publication once in, the official city ncw¡"paper.
Adopted and passed this 14th dlty oC August, 1995.
(:mAL)
ATTEST:
John Divine, Mayo.'
Judy 1>. LoIIG. City Clerk
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