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09-6646 Set PH Community Improvement District(Published in the Salina Journal on August /0 & 17 , 2009) RESOLUTION NUMBER 09-6646 A RESOLUTION TO PROVIDE NOTICE OF A PUBLIC HEARING ON THE " ADVISABILITY OF CREATING THE SUNSET PLAZA COMMUNITY IMPROVEMENT " DISTRICT Z a WHEREAS, Sections 2 through 12, K.S.A 2008 Supp. 74-50,115, as may be amended (the "CID Act"), authorize the governing body of any municipality to adopt an ordinance establishing a community improvement district after receipt of a proper petition and holding a public hearing N o thereon; and U WHEREAS, on July 17, 2009, the Petition to Establish the Sunset Plaza Community Improvement District (the "Petition") was filed with the City Clerk (the "City Clerk") of the City of Salina, Kansas (the "City"); and, WHEREAS, the petitioners request the formation of a community improvement district for the purpose of financing project costs eligible for reimbursement pursuant to the Act ("Projects") within the District; and WHEREAS, the cost of the Projects is estimated to be $12,264,920 over the life of the district; and WHEREAS, the petitioners propose financing the eligible Project costs without notes or bonds, through pay-as-you-go financing; and WHEREAS, the petitioners propose levying a one -percent (1.0%) community improvement district sales tax on retail sales within the district; and WHEREAS, a boundary map of the proposed District is attached hereto as Exhibit B; and WHEREAS, the legal description of the proposed district is attached hereto as Exhibit A; and WHEREAS, pursuant to the Act, on August 24, 2009, the Board of Commissioners will hold a public hearing on the advisability of creating or modifying the proposed Sunset Plaza Community Improvement District. NOW THEREFORE BE IT RESOLVED, by the Board of Commissioners of the City of Salina, Kansas: 1. That the City Commission shall hold a public hearing on the advisability of creating the Sunset Plaza Community Improvement District in Salina, Kansas on the 24th day of August, 2009 at 4:00 p.m., in Room 107 of the City -County Building located at 300 West Ash, Salina, Kansas. 2. That the City Clerk shall cause notice of the public hearing to be published at least once each week for two consecutive weeks, with the second publication occurring at least seven days prior to the hearing, in the newspaper. 3. That the City Clerk shall cause notice of the public hearing to be sent by certified mail to all owners within the proposed district at least ten days prior to the hearing. 4. That this resolution shall be in full force and effect from and after its adoption. Adopted by the Board of Commissioners and signed by the Mayor this P day of August, 2009. M. uc' arson, Mayor (SEAL) (1C ATTEST: Lieu Ann Elsey, CMC, City Clerk KCD-1056550-1 EXHIBIT A DISTRICT LEGAL DESCRIPTION A tract of land In the Northwest Quarter of Section 23, Township 14 South, Range 3 West of the 66 P.M., being a part of Lot 16 Blk. 6, Repiat of Part of Blgck 2 and Part of Block 6, Sunset Manor Addition to the City of Salina, Saline County, Kansas more particularly described as follows: Beginning at the Northwest comer of said Lot 16, Block 6; thence N 891158'54" E along the North One of said Lot 16, Blk. 6 also being the South right-of-way line of West Crawford Avenue, 166.68 feet; thence S 01 900'44" W. 206.54 feet; thence S 89°58'64" W. 166.68 feet to a. point on'the West -line of said Lot 16, Blk. 6 also being the East'right-0f--way line of South Broadway Blvd.; thence. N 01000144" E along said East right -of way line of South Broadway Blvd., 206.54 feet to the Point of beginning, containing 34.419.33 sq. % Tract II: Easements for the benefit of Tract 1 as created by a Memorandum of Lease dated August 9, 2004, recorded October 14, 2004, in Book }090, Page 204, for parking, Ingress, egress, ui'ilities and storm sewer Ina over, under and across the land described as follows: *'Ail of Lot 16, vock 5, Replat of Part of BJoek 2 and Part of Block 6, Sunset Manor Addition to the Gly of Salina, Saline County, Kansas, LESS AND VCEpTthe following: r. part of Lbt 16 Block 6, Replat of Part of 'Block f and Part of Block 6, Sunset Manor Addition to the City of Salina, Saline County, Kansas more particularly described as follows: 8egiruring at the Nordnvest roarer' of said Lot 16, Work 6; Thence N B9 degrees SW 54' E along the North Ane of said Lot 16, Block 6 also being the South right-cf-way line of West Crawford Avenue,166.68 feet; thence S 01 degrees 00' 44' W, 20654 feet; thence S 89 degrees S8' 54' W, 166.613 feet to a point on -the Wdst One of said Lot 16, Block 6 also being the East righW-way One of South Broadway Blvd., thence N 01 degrees W. 44" E along said East right-of-way Me of South Broadyvay OW., 206.54 feet Lo the Point of Beginning. Subject to the terms, provislbns, limitations and conditions set fbrth In said instrument, KCD-1053505-I DISTRICT BOUNDARY MAP (ATTACHED) KCD-1053505-1 z ji, f rj #'a� jq� •}3� t Z j , 17— If s i I! iHim; WHOM .0 f � a�1101E1 e 1 _ ! .... wa j f 1, I II tt JI: ie '� i 1 id m .._ _. _.._.._.._.._.._.._.. 1 y) �],'� 1 ! I 1 I !la�� I i iia i! s 1 1 ! I 1 1 1 � _ 1 1 its I 1 1 ( _.._.._.._.._..---.._.. i i d� 1 1 f�••� 1 1') S ►.+I.w.s 1 .._.._.._.._.._.._.._.._.._.. 00 Q �4 1 ga 0-4 1 ��v