4113 Improvements Georgetown
11 ~
TO: CITY COMMISSIONERS O~' TilE CITY or" s.fJ~~ KANSAS
'95 OCT 17 Prl 2 58
PROTEST Pt."TITION
. CITY 0;: :)!~U:(;\. 1(S
CITY CLERK'S OFFICE,
COKES NOW, tbe undersigned, and states and allcges as follows:
1. Thc undersigned is the owner of record of more than fHty-onc percent
(51X) of thc propcrty within thc,improvemcnt .UstJ'ict and also thc owncrs
of rccord of more than one-half or the total area or such district as
described in Resolution 1'10.95-/.913, attachcd hereto and marked Exhibit
"A".
2. That not nore than twcnty (20) days have passed after tbe pu~l~c,ation
of the resolution ordcring the improvement recited in said rcsolution.
3. TIlat tbe undersigned hereby request that the improvement referenced
in Resolution No. 95-4913 sball not be commenced and that this Petition
requesting that the improvcmcnt not be commcnccd is filed pursuant to
K.S.A. 12-6a06.
Dated this
J'21"",-
day, of October, 1995.
By:,:1r}~,s)'-.-. r:¿~i"--'
Mark Baxa
625 Seitz Drive
Salina, Kansas 67401
By: 'T-@W¡()j)q ~ ~q
Tamara S. Baxa
625 Seitz Drive
Salina, Kansas 67401
By: ~ ~ - 6).~
Raymo d A. Boyer
629 Seitz Drive
Salina, Kansas 67401
By:
Kristine J. yer'
629 Seitz Drive
Salina, Kansas 67401
VERU'ICATlON
STATE Ot' KANSAS
)
)
)
55:
COUNTY OF SflLlNE
Hark BilKa of lawful agc. bcing first duly SWorn on his oath,
statcs as follows: TItat.'hc is thc Pctitioncr in thc abovccaptioncd
actionj that hc has rcad and signcd thc forcgoing documcntj and
that thc statcmcnts thcrcin containcd UI:C tl:UC and COl:l:cct according
to his knowlcdgc. infonaation, and bclicf.
'If'(o_SJ~ C~\~L
Hark Baxa ,
T&mal:a S. BaKa of lawful age, being first duly sworn on her oath.
states as follows: That she is the Petitioner in the abovecaptioned
actionj that she has read and signed the foregoing documentj and
that the statements therein contained al:e tl:Ue and correct according to
her knowledge, information, and belief.
.
2~ c ~r ßWXC;
Tamara S. Baxa
Raymond A. Boyer 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 documentj and
that the statements therein contained are tl:Ue and correct according to
his knowledge. information, and belief.
~~.~
Raymond 1\. Boyer - -
Kristine J. Boyer 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 documentj and
that the statements therein contained are true and correct according to
hor >0_1.<.., In£"~U."'~~ \ ~. \
Kri tine J. Boye\ '
said
SUBSCRIBED AND SWORN TO be, a Notary Public in and for
county and state, on this 17th day of October. 1995.
~j¡ rY-d ~
",
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EXIIIDI'l' "Au
(Published in the Soling Journal August
, 1995)
RI!SOLUTION NUMDER 95-49J3
A RI!SOLUTION AUTHORIZING AND ORDERING CJ!RTAIN CURDING,
GUTTßRING, PAVING, GRADING ANI> RHLATßD STORM WATER DRAINAGl
IMPROVEMßNTS IN TIm ON SlUTZ DRIVE BE1WIŒN PIII!ASANT LANH ANr.
CRAWFORD STRßßT IN TIm CITY OP SAUNA; AND ORDl!RING l'Rl!PAltATiOh
OF PLANS AND SPllCIFICA'fIONS AND Tim l!S'flMATE OF COSTS.
WlWRI!AS, the Governing Body of the City of Salil1(\, Kansas dId
hold n public hearing on the advl6obllity of n1i\kinr. certnin curbing, 8u tterillg,
paving, grndin& and relnted Storm water drainagc improvements;
WlffiRßAS, :iBid public hearing was adjourned on the 7th day of
AUgUlit, 1995¡ and
WHBIWAS, noticç" of snid public hearing WAS duly published as.
required by K.S.A. 12-60.04; and .'.
WJrnRRAS, the Governing Dody did on the 7th day of August, 19S1S,
duly adopt a resolution finding and determining thnt said improvement was
advisable; and
"
\.
WHEREAS, six months have not clnp:öed since the final o.djoul"lllllent
of (¡aid public hco.ring.
NOW, TJfßRnJ10RB, be it resolved by the Governing Body of the
City of Salina, Kansas:
Section 1. Thllt thc following improvements 01'C hereby
authorized and ordered to be made in accordance with the Cindingl; of the
governIng body UpOIl lhe advisability of the improvement as follows:
IŒrLAT OF BLOCKS 4, 10, 11 AND 12 GEORGETOWN ADDITION
curbing, guttering, paving, gmòing nnd related sto.om
drainage improvement:> 011 Seitz Drive between Pheasant Lane
and Crawford Street, in the City oj Snlina, Kansas.
Section 2.
is $106,(,94.50.
Section 3. The improvement district is thc south "10.4 feet oC Lot
10, all of Lots 11 through 16, Hlock 6, ¡mù I,ots 17 through 21, Block 5, Rcplnt
of mocks 4, 10, II ad 12, Georgetown Addition 10 the City of Salinn, Snlinc
County, Kansas.
The c5timllted and probable cost of such improvement
, -
Section 4. The method of nsseSSIIICIIl shall be lhot 100% of the
tolnl cost assessed against the ngainsl the property shall be based upon the
adjusted front footage of each lot in thl'- improvement (bcncfit) di5tor,i~t.
Section 5. The proposed ¡Ipponionmcnt of colit
improvement district and the citY-IlHargc is:
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betwecn
the
P.O2
1.
The costs assclilòed against the improvement district :¡haU be 1007
of the total cost of street improvements, including gradIng,
pavement, curb and gutters, and any incidentals thereto to
complete the street and lOOt of the total cost of storm GeWel',
pipeline, lII"nholes, inlets nnd any incidental thereto to complete
the storm sewer system, except the following:
The costs assessed DBalnst the city-at-large shall be 100% of the
totAl cost at 267 L. F. of S. J S. F. storm SOwer pipeline and pIpe
end scctions to cncloGc the existing open drainage channel
between Lots 10 and 11, Dluck 6, between the cast curb of
SèÎt~ Drive and the rear of said lots.
2.
Section 6. That pnrsuam to Ol"dinonce Number 95-9701, It is
found that: ,
(a) Completion' ~f the improvement is a significant factor in relation
to public healt!1 and sdety i
(b) A delay in commencement of the special assessments Is essential
to the fair administration of payment for the impTòvel11ent: and
(c)
The cost of the improvement is to be paid from the city's general
fund:> and Ilot interna.\ Impl'ovelllcnt bonds of thc city.
Therefore, the commencement of t>peciol Ilssessmc:ntG for each lot in
the improvement di:;trict shall be delayed until the earlier of:
WOUld(
(a) Pour (4) year,. from the date the special assessments
hove oUIl'.rwise been levied against that loti or
(I» The liMe upon which that lot qualifies us a buildable lot
("buildable lot'~ mel1l1S 1\ lot which qualifies fo,' the issuance of
a building permit by vil"tue of the availability of streets nnd
watel" and 5ewel" utilities).
Intcn:st shall not Dccrue: on the delayed tipccial assessment5 for the
dc:signatcd period of \he delay for' each 10\. Upon expiration of the period of
delay (01" each lot. interest :;hall begin to accrue III the rote stilted in the
ordinance levying the special assessments as determined in accordance with
Ordinance Number 95-970J.-
Section 7. The asseli5111ent with accrued interest shall be levied as
a speclul tax upon the property included within the benefit district concurrent
with the gencl"ul property taxes and sholl be payable in ten (10) equal annunl
lmjtnllments.
Section H. That the City Engincer be and ili hereby directed and
ordered to prepnre planl> an~ specificAtions, and estimates of the cost ofsnid
iß1provement~. --
Section 9. That the City Clerk is hereby authorized and directed
to make progress puYl1lents to the contractors (01" materials fllnlÎ:> I:cd and for
IQbal" performed under the contract wlu.'l1estimutcs therefore ure presented to -
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him which have been properly certified by the City Enl:inecr, :10 long as the
:\mJregll.te payment ; do not exceed the total contract price.
Section 10. Tlmt Ihe. hllproVclllcnt sholl not be commcnced if.
within 20 days one.r publication or this resolution I written protests signed by
bOlh SI~ or morc of the resident owners of record of property within the
improvement dilitricl and the owners of record or more than half of tht. totnl
areD oC sl\Ìd district arc (fled with the City Clerk.
Section II. Thl.. rcsolutlon shall tAke cCfeet after its pa¡;I>I\Hc and
publication once in. the official city ncwl>paper.
Adopted and passed this 14th dlty of August, J995.
(SEAL)
ATTEST:
-'
John Divine, Mayo.'
Judy I). LoIIg, City Clcrk
,
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