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85-3767 Auth American Stores Addition Imp1 (Published in The Salina Journal Garro 2 1985) RESOLUTION NUMBER 85-3767 A RESOLUTION AUTHORIZING AND ORDERING CERTAIN CURBING, GUTTERING, PAVING, GRADING, STORM DRAINAGE, WATER MAIN AND SANITARY SEWER IMPROVEMENTS, ORDERING PREPARATION OF PLANS AND SPECIFICATIONS, AND THE ESTIMATE OF COSTS. WHEREAS, a petition was filed with the City Clerk on the 20th day of February, 1985 proposing certain curbing, guttering, paving, grading, storm drainage, water main and sanitary sewer improvements in American Stores Properties, Inc. Addition, and an unplatted tract of land in the South half of the Southeast Quarter of Section 26, Township Fourteen South, Range 3 West; WHEREAS, the Board of Commissioners of the City of Salina, Kansas, did on the 4th day of March, 1985 find such petition to be sufficient; and WHEREAS, the Board of Commissioners of the City of Salina, Kansas, did on the 11th, day of March, 1985, duly adopt a resolution finding, it advisable to make the aforementioned improvements under the provisions of Chapter 12, Article 6a of the Kansas Statutes Annotated, SO NOW, THEREFORE BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Section 1. That the following improvements are hereby authorized to be made in accordance with the findings of the Board of Commissioners: Curbing., guttering, paving and grading of PLANET AVENUE beginning at the south line of Saturn Avenue; thence south to the south line of Lot 3, Block I, American Stores Properties, Inc. Addition; thence west to a point 36' west of the west line of Lot 3, Block 1 , American Stores Properties, Inc. Addition; thence south to Magnolia Road. The installation of a 12" water main, beginning at the intersection of Saturn Avenue and Planet Avenue; thence running ,south in Planet Avenue to Magnolia Road; and also the installation of a 6" water main running west from the Magnolia Road and Ninth Street intersection to a point approximately 400 feet west of the center line of Ninth Street. Lateral Sanitary Sewer 641. The excavation and grading of open ditch drainage and the installation of a 36" storm sewer along Magnolia Road, beginning at a point 300 feet west of the center line of Ninth Street and 85 feet north of the center line of Magnolia Road; thence running west a distance of 133 feet; thence south a distance of 12 feet to the existing open ditch. Section 2. The extent or boundaries of the proposed improvement district toT�e assessed is: That part of the City of Salina, Saline County, Kansas, described as follows, to -wit: All 'of Lot 1 , the East 36 feet of Lot 2, and all of Lot 3, Block 1, American Stores Properties, Inc. Addition to the City of Salina, Kansas. An unplatted tract of land in Quarter (SEJ) of Section 26, of the 6th Principal Meridian described as follows: the south half of the Southeast Township 14 South, Range 3 West in Saline County, Kansas, Beginning at a. point on the west right-of-way line of Ninth Street, which point being 722.18 feet north of the south line of said Section 26, and 82.23 feet west of the east line of said Section 26; 1 1 Thence west and parallel with the south line of said Section 26, a distance of 721.96 feet; Thence north and parallel with the east line of said Section 26 a distance of 613.80 feet to the north line of the south half of the Southeast Quarter (SES) of said Section 26; Thence east along said north line of the south half of the Southeast Quarter (SES) of said Section 26, a distance of 726.40 feet to the west right-of-way line of Ninth Street; Thence south along said right-of-way line of Ninth Street a distance of 602.35 feet to the point of beginning. Section 3. The estimated or probable cost of such improvements is $213,911.50. Section 4. The apportionment of cost between the Improvement District and the City�Ta—rge is as follows: 1. Costs chargeable to private property in the amount of $197,724.10. 2. Costs chargeable to the City -at -large. in the amount of $16,187.40. Section 5. 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 6. The method of assessment shall be based on the adjusted front footage—each lot of land and without regard to the buildings or improvements of the land. Section 7. 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 8. That for the purpose of providing funds to pay the cost of such improvements until bonds can be issued therefor, the Mayor and City Clerk be and they are hereby authorized to execute temporary notes for the City of Salina, Kansas, as provided by K.S.A. 10-123 and 12-6a04, not to exceed the aggregate provided by law. Such temporary notes may be issued by Resolution from time to time as required during the progress of the work on the improvements herein recited. Such temporary notes shall be in the form and executed as provided by ,law. Section 9. That the City Clerk is hereby authorized and directed to make progress payments to the contractors for materials furnished and labor performed under the contract when estimates therefor 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. Adopted by the Board of Commissioners and signed by the Mayor this 18th day of March, 1985. [SEAL] ATTEST: OAM4--1-21 D. L. Harrison, City lerk Charles B. Roth,Mayor Affidavit of Publication Following is a true and correct copy of Resolution Number 35-3757 together with proof of publication of the same. AFFIDAVIT I Jane A. Glenn being first duly sworn according to law declare that I am the Advertising Y y ' manager of the Sal ina Journal a newspaper published in the ,City of Salina; Saline County, Kansas, and of a general circulation in said city, and continually and uninterruptedly published for more than one year prior to the date of the attached Resolution Number 86-3767 and that said Resolution Number 35-37'07 was correctly published of the date of ;arch 22, 19 85 , and further I say not. ao� Jane A. Glenn Subscribed and sworn to before me ;larch 26, D. L. Harrison Notary Public a O.L. HARRISON 15i4lu My Appt Exp. July 31, 1985 STATE OF KANSAS. COUNTY OF SALINE I . {r[ . JFILED FOR RECORD IN MY OFFICE AT AND DULY RECORDED OF DEEDS Misc Book f (Published In The Salina Journal N -March 22, 1985). t RESOLUTION NUMBER 85.3767 �, A RESOLUTION AUTHORIZING AND ttII ORDERING CERTAIN CURBING, GUT. i TERING, PAVING,- GRADING, STORM 1t DRAINAGE,,WATER MAIN AND SANI- TARY SEWER, IMPROVEMENTS, ORDER- ING. PREPARATION RDER-ING.PREPARATION OF'PLANS AND; SPECIFICATIONS, SAND. THE ESTIMATE OF COSTS. WHEREAS, a petition.was- filed with the City Clerk on the 20th day of Feb> ruary,. 1985 proposing certain curbirigl _guttering,-.' paving, grading, "storm drainage, water •main and sanitary . sewer improvements„ in American Stores Properties, Inc. Addition, and on_unplatted .tract. of land in ;the South half of the Southeast Quarter of Section 26', Township Fourteen South, Ronge_3. West; WHEREAS,' the Board of Commis` ' sioners of the City of Salina, Kansas; did on the 4th day of.March,'1985 find I such petition -to be sufficient; and WHEREAS, the Board ofCommis- ! sioners of the City of; Salina, Kansas, did on the 1.1th day of '.March, 1985; duly odopt a .resolution finding it ad- . visable to makethe aforementioned improvements under the provisions of Chapter. 12, Article 6a of the' Konsas"i Statutes Annotated, SO NOW, .THERE, FORE I :BE IT, RESOLVED by the'Governing Body of the City of Sblino, Kansas: Section 1. That the following imp (provements are hereby authorized to j be made in accordance with the find, - Ings of the Board of Commissioners: t Curbing', guttering, paving and I I grading of PLANET AVENUE be- ' }. ginning at. the south line of Sat- urn Avenue;'thence south to the ; south line of Lot '3, Block 1, American Stores Properties, Inc.. f Addition; thence west to a.pomt 36' we of the west line'of Lot 3, } Block 1, American Stores•Proper- if ties, Inc. Addition; thence south t 'I to Magnolia Road... : '' { The installation of 'a 12" Water ! main, beginning at the inter- r ,section of Saturn Avenue , and t } Planet Avenue; thence running'tt I ,south in Planet Avenue to Mag- :+ nolia Road; and also the installo- , tion of a 6" water, main running west' from the Magnolia Road and p Ninth'"Street intersection to a point approximately 400 feet west of the center line of Ninth Street. Lateral Sanitary Sewer 641. The excavation and grading 'of 04 , .open -ditch droiilage•ond,the in- t < tallotion of a'36", storm, sewer along Magnolia Road, 'beginning r } - at. a, point. 300 feet ,west of the r center line of Ninth Street and 85 feet north of. the center line of j "Magnolia Road;. thence., running west a distance of 1'33 feet; i k [.thence south a distance of 12 feet to the existing open ditch. I• r i Section 2; The extent or boundaries' of the proposed 'improvement district to b,e :assessed; is: ' `. That part of the. City of Salina, So- line County,.. Kansas, described as 1 follow,,to-wit: ; All of lot 1, the East 36 feet of Lot 2, and all of lot 3; Block 11 American.'Stores Properties, Inc. Addition to the City. of Salina,' Kansas.;� An unplatted,tract of land in the south half of the Southeast Quar- ter (SE/,) of Section 26, Township r` I'14 South, Range 3 West of the 6th �. Principal Meridian in Saline Coun- 4 L ty, Kansas, described as follows: Beginning at a. point on, the i1 west right-of-way line of,Ninth i Street; which point being 72.18 feet north of the south .line of said Section 26, and 82.23 feet west of the east line:of s_oid Section 26; • } Thence, west and parallel with the south line of said Section 26, a distance of 721.96 feet; Thence north and parallel with the east line of said Section,26 a distance of 613.80 feet to -the' north line of the south half of the Southeast Quarter (SE'h) of said Section 26; ! Thence east along said north 'i j line of the south half, of, the Sdutheost Quarter . (SEA) of v said Section, 26, a. distance of 726.40 feet to the west right -of- r way line.of Ninth Street; .-, Thence, south along said right- of-way line of Ninth Street a i distance of 7602.35 feet, to .the point of,beginning.- . Section. 3. jhe. estimated, or prob- able cost of such improvements' is $213;911.50.,: •.;rr; . Section 4. The ..apportionment of cost between the ImprovementDistr- ict and the.City;atrlarge is as follows: 1. Costs chargeable..; to,`private property in/3the,n,amount - of $197;72410,..'-'" 2. Cosis9cha,rge6ble to the City- ot•largein thelramount! of :6A 1A7 do -13 —.4111 Ar I trued interest 'Shawoe 1, special tax upon the prof ed within the benefit5A s rent with the generalipri and shall be payable-iKis annual installments' Section 6. The ;meth'ot ment shall be based 'on•i front footage of, each -161, without regard to'the%bui provements of the land' `1 S ection.7. That the City and is hereby directedor prepare plans and specif estimates'of the cost, of! ments. Section 8. Thof for. th providing funds to• pay such improvements „unt be issued `therefor, .thi City Clerk 'be 8nd;they�o thorized to execute,t`en for the City of Sulin tKi 1vided by K.S.A., 10„123' not to exceed the-agg�e by law. Such temporary; issued by Resolution time as required dunnc of the worK on the' therein recited. Such,4ei i shall be in the form on I'provided bylaw: 'ii Section 9. That the hereby at. rued_ QR make progress`pdymet tractors for materials labor performed.undei when estimates'' then sented to him which h, erty certified by the Ci long as�the aggregpt, do'not exeed the tofoij Adopted by the Bo,( sioners and signed fbyy,, b 18th date. of Mayor ATTEST: /s/D.L. Harrison , ;.. €,.A,... City CleW (SEAL) Matas