09-6622 Amend Adv & Auth EaglecrestN
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(Published in the Salina Journal on May _, 2009)
RESOLUTION NUMBER 09-6622
A RESOLUTION AMENDING SECTION 1 OF RESOLUTION NUMBER 07-6450,
SETTING FORTH FINDINGS AND DETERMINATIONS OF THE GOVERNING BODY OF
THE 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 November 7, 2007, 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. 12-6a04(a);
and
WHEREAS, more than fifty percent of the owners of record of property located within the
proposed improvement district have signed the Petition, including 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WHEREAS, no signatures have been withdrawn from the petition before the Governing Body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; and
WHEREAS, the estimated costs of the improvements increased from $591,868.26 to $599,207.70
after filing the initial Petition; and
WHEREAS, the property owners within the proposed improvement district filed an amended
Petition with the City Clerk on December 4, 2007 (the "Amended Petition"); and
WHEREAS, on December 17, 2007, the Governing Body adopted Resolution Number 07-6467
amending the improvement district pursuant to the Amended Petition and ordering certain improvements
described therein; and
WHEREAS, the property described as Lot 4, Block 4, Golden Eagles Estates Addition No. 2 in
the Petition, Resolution No. 07-6450, Amended Petition and Resolution No. 07-6467 was inadvertently
included in the improvement district due to a typographical error; and
WHEREAS, the property described as Lot 4, Block 4, Golden Eagles Estates Addition was
inadvertently excluded from the improvement district described in the Petition, Resolution No. 07-6750,
Amended Petition and Resolution No. 07-6467; and
WHEREAS, the two properties described as Lot 4, Block 4 in the Golden Eagle Estates Addition;
and Lot 26 and the North 10' of Lot 27 and the South 10' of Lot 25, Block 5 in.the Golden Eagle Estates
Addition were assessed one-half of the total per lot assessments for street improvements for Falconview
Drive in a previous phase of the project; and
WHEREAS, the Governing Body desires to amend Resolution No. 07-6450, as amended by
Resolution No. 07-6467 to include Lot 4, Block 4, Golden Eagles Estates in the benefit district and
provide for a City At -Large contribution for the improvements to Falconview Drive related to the
properties that have previously participated in a benefit district; and
WHEREAS, such amendments to Resolution No. 07-6450 are necessary to impose substantially
equal shares of the costs of the improvements on property that is similarly benefited due to assessments
paid by certain property owners as a result of participation in another benefit district.
NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY
OF SALINA, KANSAS, AS FOLLOWS:
Section 1. The Governing Body hereby amends Section 1 of Resolution Number 07-6450 as
follows:
Section 1. The Governing Body hereby finds that the Amended 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:
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The curb, gutter, pavement and grading for approximately 1,150 lineal feet of
Eaglecrest Avenue (the "Eaglecrest Avenue Street Improvements"), 325 lineal feet of
Katie Court (the "Katie Court Street Improvements'), and 200 lineal feet of
Falconview Drive (the Falconview Drive Street Improvements," and collectively. the
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"Street Improvements");
The installation of approximately 280 lineal feet of storm sewer, inlets, ditch liners
and all appurtenances thereto (the "Drainage Improvements");
The installation' of approximately 730 square yards of four -inch sidewalk and all
appurtenances thereto (the "Sidewalk Improvements");
The installation of approximately 580 lineal feet of six-inch water main, fire
hydrants, valves, fittings, service connections for water lines and all appurtenances
thereto (the "Water System Improvements");
The installation of approximately 1,147 lineal feet of eight -inch sanitary sewer main,
service connections for sewer lines, manholes, and all appurtenances thereto (the
"Sanitary Sewer Improvements");
The installation of approximately 208 square yards of six-inch concrete drainage
ribbon and all appurtenances thereto (the "Rear Yard Drainage Improvements");
(the "Improvements").
(b) The estimated cost of the Improvements is:
Five hundred ninety-nine thousand two hundred seventy dollars and seventy.
cents ($599,270.70).
(c) The boundaries of the improvement district to be assessed are:
Lot 4, Block 4; Lot 1 and Lot 33 plus the south twenty-five feet of Lot 2 and
the south twenty-five feet of Lot 32; Lot 26 and the north ten feet of Lot 27 and
the south ten feet of Lot 25, Block 5, all in the Golden Eagle Estates Addition;
Lots 1, 2, and 4, Block 2; Lots 1-4, Block 3; all in the Golden Eagle Estates
Addition No. 2;
Lot 1, Block 1 in the Golden Eagle Estates Addition No. 3;
Lots 1-9, Block 1, Eaglecrest Twinhomes Addition
all in the City of Salina, Saline County, Kansas.
(the "Improvement District").
(d) The method of assessment shall be:
Each lot in the Improvement District shall be assessed equally per lot, except
provided that the following two lots shall be assessed only one-half (1/2) of the
costs per lot for the Falconview Drive Street Improvements:
Lot 4, Block 4;
Lot 26 and the North 10' of Lot 27 and the South 10' of Lot 25, Block 5;
all in the Golden Eagle Estates Addition.
(e) The apportionment of cost between the improvement district and the city at large is:
The costs of the improvements within the Improvement District shall be
further allocated as follows:
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One hundred percent (100%) of Eaglecrest Avenue Street
Improvements shall be assessed to all the lots within the Benefit
District;
One hundred percent (100%) of Katie Court Street Improvements shall
be assessed to Lots 3-9, Block 1, Eaglecrest Twinhomes Addition;
One hundred percent (100%) of Falconview Drive Street Improvements
shall be assessed to Lot 4, Block 4, Lot 26 and the north 10 ft. of Lot 27
and the south 10 ft. of Lot 25, Block 5, Golden Eagle Estates Addition;
Lot 4 Block 2, and Lot I Block 3, Golden Eagle Estates Addition No. 2,
except provided that the following lots shall be assessed only one-half
(1/2) of the costs per lot:
Lot 4, Block 4;
Lot 26 and the North 10' of Lot 27 and the South 10' of Lot 25, Block 5;
all in the Golden Eagle Estates Addition.
and the remaining one-half (1/2) of the costs for each such lot shall be
paid by the City -at -Large, which City -at -Large costs shall be.
approximately twenty-five and fifty-two hundredths percent (25.52%)
of the total costs of the Falconview Drive Street Improvements;
One hundred percent (100%) Drainage Improvements to all Lots in the
Benefit District except: Lot 4, Block 4, Lot 26 and the north 10 ft. of
Lot 27 and the south 10 ft. of Lot 25, Block 5, Golden Eagle Estates
Addition; and Lots 2, 3 and 4, Block 3, Golden Eagle Estates Addition
No. 2;
One hundred percent (100%) of Rear Yard Drainage Improvements to
Lots 2-9, Block 1, Eaglecrest Twimhomes Addition;
One hundred percent (100%) of Sidewalk Improvements to all Lots in
the Benefit District except: Lot 4, Block 4, Lot 26 and the north 10 ft.
of Lot 27 and the south 10 ft. of Lot 25, Block 5, Golden Eagle Estates
Addition; and Lots 3 and 4, Block 3, Golden Eagle Estates Addition
No. 2;
One hundred percent (100%) of Water Improvements shall be assessed
to Lots 1, 2, and 4 Block 2, Lot 1 Block 3, Golden Eagle Estates
Addition No. 2 and Lots 1-9 Block 1, Eaglecrest Twinhomes Addition;
One hundred percent (100%) of the Sanitary Sewer Improvements shall
be assessed to Lots 2-3 Block 2, Lot 1 Block 3, Golden Eagle Estates
Addition No. 2 and Lots 1-9 Block 1, Eaglecrest Twinhomes Addition.
Section 2. The City Clerk shall file a certified copy of this Resolution with the Register of
Deeds of Saline County, Kansas.
Section 3. This Resolution shall supersede Resolution No. 07-6467.
Section 4. This Resolution shall take effect after its passage and publication once in the
official city newspaper.
ADOPTED AND PASSED this 18'h day of May 2009.
(SEAL)
ATTEST:
Lieu AnnElseyftClerk