08-6557 Adv & Auth Bergkamp Subdivisionu)
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(Published in the Salina Journal on e CYY XY02008)
RESOLUTION -NUMBER 08-6557
A RESOLUTION SETTING FORTH FINDINGS AND DETERMINATIONS OF
THE GOVERNING BODY OF THE I CITY OF SALINA, KANSAS ON THE
ADVISABILITY OF AND AUTHORIZING THE CONSTRUCTION OF CERTAIN
IMPROVEMENTS PURSUANT TO K.S.A. 12-601 et seq.
WHEREAS, a petition was filed with the- City Clerk for the City of Salina, Kansas (the
"City") on September 10, 2008, proposing certain improvements pursuant to K.S.A. 12-6a01 et seq.
(the "Petition"); and
WHEREAS, the Petition sets forth: (a) the general nature of the proposed improvements; (b)
the estimated or probable cost of the proposed improvements; '(c) the extent of the proposed
improvement district to be assessed for the cost of the proposed improvements; (d) the proposed
method of assessment; (e) the proposed apportionment of the cost between the improvement district
and the City at large; and (f) a request that such improvements be made without notice and hearing as
required by K.S.A. 12-604(a); and
WHEREAS, all the owners of record of property located within the proposed improvement
district have signed the Petition, including all owners of record of property located within the
proposed improvement district but outside of the City limits and directly adjacent to the City's
existing boundaries; and
WHEREAS, no signatures have been withdrawn from the petition before the Governing Body
began consideration of the Petition; and
WHEREAS, K.S.A. 12-6a04 provides that the Governing Body may authorize and order
public improvements without notice and hearing after a sufficient petition has been filed.
NOW THEREFORE, BE IS RESOLVED BY THE GOVERNING BODY OF THE
CITY OF SALINA, KANSAS, AS FOLLOWS:
Section 1. The Governing Body hereby finds that the Petition is sufficient, and further
finds and determines that it is necessary and advisable to make the following improvements:
(a) The nature of the improvements are as follows:
The curb, gutter, pavement and grading for approximately 430 lineal feet of
Emulsion Drive (the "Street Improvements");
The installation of approximately 1,130 square feet of sidewalk and all appurtenances
thereto (the "Sidewalk Improvements"); and
The installation of approximately 1,863 lineal feet of eight -inch water main, fire
hydrants, valves, fittings, and all appurtenances thereto (the "Water System
Improvements")
(collectively, the "Improvements")
(b) The estimated cost of the Improvements is:
Two hundred ninety-three thousand eight hundred ninety-seven dollars and
eighty-one cents ($293,897.81).
(c) The boundaries of the improvement district to be assessed are:
Lots 1 through 5, Block 1, Replat of the Bergkamp Subdivision; and
Upplatted Tract No.l: A tract of land situated in the Northeast Quarter of the
Northwest Quarter (NE/4, NW/4) of Section One (1), Township Fifteen (15)
South, Range Three (3) West of the Sixth (6&) Principal Meridian, in Saline
County, Kansas, which is more particularly described as follows:
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Commencing at a point on the North line of said Section One (1), which point
being one thousand eight hundred thirty-two and sixty-seven hundredths
(1,832.67) feet North 89 degrees 44 minutes 29 seconds East of the Northwest
comer of said Section One (1); thence continuing North 89 degrees 44 minutes
29 seconds East along the North line of said Section One (1) a distance of three
hundred twenty-nine and eighty-eight hundredths (329.88') feet; thence South
00 degrees 20 minutes 37 seconds East a distance of four hundred (400') feet;
thence South 89 degrees 44 minutes 29 seconds West a distance of three
hundred twenty-nine and eighty-eight hundredths (329.88') feet; thence North
00 degrees 20 minutes 37 seconds West a distance of four hundred (400') feet
to the point of beginning, Except the North sixty (N60') thereof as conveyed to
county for use as public street. Together with all appurtenances and rights of
grantors in and to the real estate, including all right, title, and interest of
grantors in the land underlying any dedicated roadway easements or right-of-
way.
all in the City of Salina, Saline County, Kansas
(the "Improvement District").
(d) The method of assessment shall be:
Each lot and parcel of land in the Improvement District shall be assessed
equally per square foot.
(e) , The apportionment of cost between the Improvement District and the city at large is:
One hundred percent (100%) of the total cost of the Improvements shall be
assessed to the Improvement District, and no portion of the costs of the
Improvements shall be paid by the City at large.
Section 2. The Governing Body hereby declares that the Improvements described in this
Resolution are necessary, and authorizes them to be made in accordance with the findings set forth in
this Resolution, and further authorizes the levying of assessments and the issuance of bonds therefore,
all in accordance with K.S.A. 12-6a01 et seq.
Section 3. The City expects to make capital expenditures from and after the date of this
Resolution in connection with the Improvements described herein, and intends to reimburse itself for
such expenditures with the proceeds of one or more series of general obligation bonds and temporary
notes of the City in the maximum principal amount of $624,100.20.
Section 4. The City Clerk is hereby authorized and directed to make progress payments
to the contractors for materials furnished and for labor performed under the contract when estimates
therefore are presented to him/her which have been properly certified by the City Engineer, so long
as the aggregate payments do not exceed the total contract price.
Section 5. The City Clerk shall file a certified copy of this Resolution with the Register
of Deeds of Saline County, Kansas.
Section 6. This Resolution shall take effect after its passage and publication once in the
official city newspaper.
ADOPTED AND PASSED this 15'h day of September, 2008.
(SEAL)
Lieu Ann Elsey, CMC, City Clerk
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JoilK. Vanier, II, Mayor