12-6902 Advisability and Authorizing Improvements Magnolia Hills Addition(Published in the Salina Journal on I ► I /4 , 2012)
RESOLUTION NUMBER 12-6902
A RESOLUTION 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.
Z 12-601 et seq.
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WHEREAS, a petition was filed with the City Clerk for the City of Salina, Kansas (the "City") on
May 2, 2012, proposing certain improvements pursuant to K.S.A. 12-6a0I et seq. (the "Petition"); and
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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, the owners of record of more than one-half of the area liable to be assessed under the
Petition have signed the Petition; 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WHEREAS, no signatures have been withdrawn from the petition before the Governing Body began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 governing body -has reviewed and considered the Preliminary Engineering Estimate
and Feasibility Report prepared by the City Engineer and agrees with the conclusions set forth therein.
NOW THEREFORE, BE IT 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 installation of curb & gutter, pavement, and grading for approximately 480
lineal feet of Sunset Ridge Drive (the "Street Improvements").
The installation of approximately 470 lineal feet of six-inch water main, fire
hydrants, valves, fittings, service connections and all appurtenances thereto for water
lines within right of way and/or utility easement (the "Water System
Improvements").
The installation of approximately 704 lineal feet of eight -inch sanitary sewer main,
service connections, manholes and all appurtenances thereto for sanitary sewer lines
lying within right of way and/or utility easement, (the "Sanitary Sewer
Improvements").
The installation of approximately 419 lineal feet of storm sewer, inlets, and all
appurtenances thereto for storm sewer lines lying within right of way and/or
drainage easement, (the "Drainage Improvements").
(collectively, the "Improvements").
(b) The estimated cost of the Improvements is:
Two Hundred Eighty -Seven Thousand Four Hundred Eighty -Three dollars and Sixty -Nine
cents ($287,483.69).
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(c) The boundaries of the improvement district to be assessed are:
Lots 3 through 6, Block 5, and Lots 18 through 22, Block 6, all in the Magnolia Hills
Estates Additionjn 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 for costs of the
various Improvements.
(e) The apportionment of cost between the Improvement District and the city at large is:
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w One hundred percent (100%) of the total cost of the Improvements shall be assessed
to the Improvement District and no portion of costs shall be paid by the City at
Large.
Section 2. The Governing Body hereby declares that the Improvements described in this
U 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 $287,483.69.
Section 4. That certain Development Agreement between Magnolia Hills, Incorporated and the
City, dated as of May 7, 2012, is hereby approved in substantially the form presented to the governing body
on this date. The Mayor is authorized to execute the Development Agreement on behalf of the City, and the
Mayor, Clerk and other City staff are authorized to take such further actions as necessary to carry out the
transactions contemplated thereby.
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 7"' day of May, 2012.
ZANorman M ennings, Mayor
(SEAL)
Lieu Ann Elsey, CMC, City ClbA
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