85-3779 Repeal Auth Downtown Improvementsr]
(Published in The Salina Journal , 1985)
RESOLUTION NUMBER 85-3779
A RESOLUTION REPEALING RESOLUTION NUMBER 85-3776 ADOPTED
APRIL 8*, 1985, AND AUTHORIZING AND ORDERING CERTAIN ACQUISITION
AND IMPROVEMENT OF PROPERTY FOR APPROXIMATELY 290 TO 350
OFF-STREET PARKING SPACES; ACQUISITION OF PROPERTY AND
CONSTRUCTION OF ARCADES AND CROSSWALKS; IMPROVEMENT OF STREETS
AND OTHER FACILITIES BY LANDSCAPING AND WEATHER SHELTERS;
RELOCATION AND BURIAL OF UTILITIES IN THE CENTRAL BUSINESS
DISTRICT, ORDERING PREPARATION OF PLANS AND SPECIFICATIONS, AND
THE ESTIMATE OF COSTS.
WHEREAS, the public hearing on the advisability of the following
improvements, to wit:
Acquisition and improvement of property for approximately
290 to 350 off-street parking spaces; acquisition of property
and construction of arcades and cross walks; improvement of
streets and other facilities by landscaping and weather
shelters; relocation and burial of utilities
was held as provided by Resolution Number 85-3770, adopted and approved by
the Board of Commissioners of the City of Salina, Kansas, on the 27th day of
March, 1985; and
WHEREAS, notice of public hearing on the advisability of the said
improvements has been published in The Salina Journal, the official city
newspaper, on the 28th day of March, 1985 and the 4th day of April, 1985, as
provided by said Resolution and K.S.A. Section 12-6a01 to 12-6al7; and
WHEREAS, the Board of Commissioners of the City of Salina, Kansas,
met in` the City Commission Meeting Room, in the City -County Building, on the
8th day of April, 1985, at 4:00 p.m. for the purpose of conducting a public
hearing on the advisability of said improvements, said hearings were finally
adjourned on the 8th day of April, 1985, as provided by law, and
WHEREAS, six (6) months have not elapsed since the final adjournment
of said public hearing, and
WHEREAS, a motion was unanimously adopted to reconsider the
boundaries of the .benefit district established by Resolution Number 85-3775
adopted on April 8, 1985, SO NOW, THEREFORE
BE IT RESOLVED by the Governing Body of the City of Salina,
Kansas that Resolution Number 85-3776 be amended to read as follows:
Section 1. That the following improvements be and the same are
hereby aut oori�and ordered to be made in accordance with the findings of
the, Board of Commissioners of the City of Salina, Kansas, upon the advisability
of the following improvements, to wit:
Acquisition and improvement of property for approximately
290 to' 350 off-street parking spaces; acquisition of property
and construction of arcades and cross walks; improvement of
streets and other facilities by landscaping and weather
shelters; relocation and burial of utilities
Section 2. The extent or boundaries of the proposed improvement
district to be assessed is:
That part of the City of Salina, Saline County, Kansas, described as
follows, to -wit:
Area Number 1 shall consist of: Uneven numbered Lots 79
through 157, inclusive, on 7th Street, all of Lots 79
Dj
through 168, inclusive, on Santa Fe Avenue; and even
numbered Lots 80 through 168, inclusive, on 5th Street,
Dj all in the Original Town of Salina.
Area Number 2 shall consist of: Even numbered Lots 80
through 138, inclusive, on 4th Street, uneven numbered
Lots 79 through 137, inclusive, on 5th Street; even
numbered Lots 80 through 138, inclusive, on 7th Street;
and uneven numbered Lots 79 through 89, inclusive, the
North 17.5' of Lot 91 and uneven numbered Lots 105
through 137, inclusive on 8th Street; Lots 6, 7, 8, 9
and 10 on Mulberry Street in School Park and School Park,
all being located in the Original Town of Salina.
Section 3. The estimated or probable cost of such improvements is
$6,500.000.
Section 4. The proposed apportionment of costs between the
improvement—is_trict and the city at large is:
1. $1,500,000 shall be assessed against the property in the
improvement district, except property owned and used
exclusively by the City and owner occupied residential
property;
2. The balance of the cost, but not to exceed $5,000,000, is
to be paid by the city at large.
Section 5. The assessment, with accrued interest, to be levied as a
special assessment tax upon the property included within the benefit district
concurrent with the general property tax and shall be payable in ten (10) equal
annual installments.
Section 6. The method of assessment shall be based on the square
footage of the area within the improvement district. Property to be assessed
within Area No. 1 shall be assessed at approximately $1.31 per square foot and
property to be assessed in Area No. 2 shall be assessed at approximately
$.56 per square foot. It is determined that the special benefits accruing to
some tracts under the above formula is not in proportion to the assessment and
the following property shall be assessed as follows:
1. West 4812" of Lots 109 and 111, and the West 4812" of the
North 20' of Lot 113, on Seventh Street, Original Townsite
shall be assessed $37,859.00
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
said improvements until bonds can be issued therefor, the Mayor and City Clerk
be and they are hereby authorized to execute temporary notes of the City of
Salina, Kansas, as provided by K.S.A. 10-123 and 12-6a14, 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 contractor 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 total
aggregate payments do not exceed the total contract price.
Misc Bc0�/�_&__1—Z
Affidavit of Publication
Following is a true and correct copy of Resolution Number 85-3779
(Published In The Salina Journal Section S. The assessment, with ac- ;
together with proof of publication of the same. ' April 30 1985) . IcreedliKterest to be lew.it fqs a spe-
RESOLUTION NUMBER 85.3779 cial'assessment tax upon theproperty
A RESOLUTION REPEALING•RESOLU' included within the' 'Benefit district
TION NUMBER 85.3776 ADTED co cn u`M44 with tke eneral property
APRIL 8, 1985, 1985, AND AUTHOROPIZING, Itax and shall be payable'in
AFFIDAVIT { AND ORDERING CERTAIN ACOUISI`' eq al enn Tal mstallmen°nts:
TION AND IMPROVEMENT or:01160 Section 6 The method ,of ossess-
ERTY FOR APPROXIMATELY 290,to 350 me�nt��stiall be based onhe square
/�
OFF -'STREET PARKING SPACES At • Dotage of the` aeea wiithin. thv"eY im-
Jane A. Glenn QUISITION OF PROPERTY AND CON- provemenf'disirici Properf'y�to'be as
I, STRUCTION OF ARCADES AIN'D sessed'w'ithm Areo.No 1 sFiail be as -
CROSSWALKS; IMPROVEMENT) OF 'sessod��ot approximately, E.1 :31 per
STREETS AND OTHER FACILITIES BY squa'"ret'foot and prdp'erty {i'n��Ar a'No.
'1
being first dui sworn according to law declare that I am LANDSCAPING AND WEATHER*SHEL, 2 topyte assessed at opproz motiely
g y g TERS: RELOCATION 'AND BURIAL OF E 56�pemsquare foot.Yit is'determmed
p .UTILITIES IN THE CENTRAL BUSINESS that the special benefits _. a'�° c`r`�u'i `n"g} to
Advertising DISTRICT, ORDERING PREPARATION 'ibimi*tracts under, the above formula
the i OF PLANS AND SPECIFICATIONS, Rs3na�yihe o onion to.,theh a essment
AND THE ESTIMATE OF COSTS. and the following"property•shall�be
i WHEREAS, the ,public hearing on assessed as follows -k
Salina Journal i the advisability of the followingy im 1 VVes.482 of Lots ,109 and Itll',
manager of the provements, to wit: 9"94117. West 482" of thet"North
Acquisition and improvement'tof 20 flt 113 ion Seventh Street,
property for approximately 290`% Origm`dl'Townsite shalllbe assess -
350 off-street parking spaces; ac- ed 537,859.00. klC ,1
a newspaper published in, the City of Salina, Saline , quisition of property and can"'- F* x
struction of arcades and cro'ss' Section 7.' That the tli;tEngi'neer be
walks; improvement of streets and is hereby directed and ordered to
asap. o
and other facilities b land- re are Ions and s.eahcation's,,,�and
County, Kansas, and of a general circulation in said city, scoping and weather shelters re� estimo'tesof the cost' of said ove-
location and burial of utilities menitsti., #
was held as provided by ,Resolution Section 8. That for the purpose: of
idi
and continually and uninterruptedly published for more Number 85-3770, adopted and ap- provngilfunndds to ply the cost of
proved by the Board of Commission
ars of the City of Salina, Kansas on said improvements until bonds�c'a +be
the 27th day of March 1985; and Tissued therefor the MndrCity
than one year prior to the date of the attached WHEREAS notice of public heanng ?Clerk be and they are herebo yy 90thor-
/ on the advisability of the said' im- lied to execute'temporary _noses of
provements has been published in' led
City-of�Sohna, Kansassaswprovid-
! r ,cit ,ed by K S.A. 10.123 and 12.6a14, not
I'.esol a ion ipI umber 85 17.E�+ The Salina Journal, the official newspaper, on the 28th day of March ? to exceedithe aggregate �vided by
1, 1985 and the 4th day of April, 1,985; law. Suaht'iemporarynctes+may Be,is-
p as provided by said Resolution and , sued by Resolution from time, to
and that said Resolution Number 85-3779 K,S.A. Section 12.6a01 to 12-6'17; as required during the progress of
work
and the on the improvemen't"slherein
WHEREAS, the Board of Commis- reci4d. ,S`u'ch temporary°Yn3t4tsholl
sioners of the City,of Solino,.Kansas, be in the form and execut'e'd as,pro-
met in the City Commission Meeting vided Bylaw. ' ' rqv .F ,
was correctlypublished of the date of Section 9. That the Cit" Klerk is
P Room, in the City -County Building, on yy.
the 8th day of April, 1985, at 4:00 hereby' authoriied' bail'%directed to
p.m. for the purpose of conducting a make progress paymentsto�the con-
fapri l 30, 19-L)—,and further I say not. public hearing, on the advisability' of tractorformaterid s furtusfied.and lo -
Y said improvements, said hearings bar performed under thelc';ntract
were finally adjourned on the 8th dap when estimates iherefd'$gre' pre.
of April, 1985, as. provided by lava'; I sented t6lHim which' have�beeo pro -
and perly"certified by the 'Citf lain sneer,
WHEREAS, six (6) months have not so long as the total oggrej&6 pay -
elapsed -since the final adjournment meats do: not exceed the total con -I
Jane f i . G 1 en n of said public hearing, and tract price.., p, s. !
WHEREAS, a motion was uncini- Section -10. That the sold improve-
inously adopted to reconsider the ments shall' not '.be comma` ed if,'
boundaries of the benefit district es- within twenty (20) days after „pub-�
tablished by Resolution Number 85- lication oflihe resolution', written �""pro-i
3775 adopted on April 8, 1985, SO tests by'15" 'fifty one (51).09r—cont, or
Subscribed and sworn t0 before me NOW THEREFORE more of• the resident ownerof re -1
BE IT RESOLVED "by the Governing cord of property. withm�,fhe.hmprove-
Body of. the City of Salina, Kansas ment district and tfie owners of re -
that Resolution Number 85-3776 be cordsof more than one half^oft a to -
9 r amended to read as follows: fal area ofsuch district are f wh
' ay O , r 19 85 Section 1, That the following im- the City Clerk i
Iprovements be and the some areSection,.lil That Resolution Number
hereby authorized and ordered to be BS 37,7,6 as,odoptedr on April,8;-t1985Ijis
a made in occorddnce'with the findings' hereby/repealed. r $
of the Board of Commissioners of the Adopteds by the Board of Commis -
City of Salina, Kansas, upon the ad- sioners,and: signed>by the Mayo`rtthis
D. visability of the following improve- 15th day,cfiApriI, 1985 ,mu,y 0'
L...:Ha r r i son Notary Publicments, to wit:. /s/Charles B. Roth
Acquisition and Iimprovemenf4,of,,
property for approximately 290 to, ATTEST:
350 off-street parking spaces; ac /s/D.L. Harrison
MARY PUBLIC - State of lt�sas quisitian of property and ton• city Clerk ay?
D.L HARRISON struction of arcades and cross • I(SEAL) (1 t)
My Appt Exp. July 31, 19B5 "� walks; improvement of streets TAT
and other facilities by land-
scaping and weather shelters; re-
location and burial of utilities
Section 2. The extent or boundaries
sof theproposed improvement district
to be assessed is:
That part of the City of Salina, Saline
County, Kansas, described as follows,
to -wit:
iArea Number i shall consist of: Une-
1ven numbered ,Lots 79 hrough 157,
inclusive, on 7th: Street' oil of Lots 79
through1 8, inclusive, on Santa. Fe
AvenueVond even numbered Lots 80
STATE OF KANSAS 8& all in t
f( FILED FOR RECORD h, 168, inclusive, on 5th Street
�Tr• J all n the Original Town of Salina. .
COUNTY OF SALINE � IN MY OFFICE AT Area Number 2'sholl consist of: Even
numbered Lots 80 �th/r�ough 138, inclu-
sive, on 4th Streetp neVen numbered
9 O'CLOCK �11A\/ 1 7� 1{1Q� AND DULY Lots 79 though 137, inclusive, on 5th
JI!!11 1 1J�+ RECORDED Street;✓even numbered lots 80
�:� .• r through inclusive, 71h: Street
and uneven numberea d Lot's 79
T PAGE ...� through 89, inclusive, the North 17.5'
of Lot 91 and uneven numbered Lots
. REG. OF DEED>f 105 thrdugh 137; inclusive on 8th
Street✓Lots 6, 7, 8, 9 and 10 on Mul-
berry' Street in School Park and
School Park, all being Iota d in the
Original Town of Salina
1 Section 3. The estimated or, prob-
able . cost of such improvements is
$6,500,000.
Sec't18n"4.;.The proposed app ortion-
mentl f'' 'ts between the improve -
men) di"stnct'and the city'at large,is:
1. ,$
:b,500.000shall_be assessed
2. The bala=nces
not to exceed 55
paid by t66.city,c'