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03-5963 Auth RiverRun Improve(Published in the Salina Journal on August 2003) (Re -Published in the Salina Journal on December 11 , 2003) RESOLUTION NUMBER 03-5963 A RESOLUTION OF FINDING AS TO THE ADVISABILITY OF AND AUTHORIZING CONSTRUCTION PURSUANT TO K.S.A. 12-601 et seq. OF IMPROVEMENTS CONSISTING OF CERTAIN STREET, DRAINAGE AND UTILITY IMPROVEMENTS IN THE RIVERRUN ADDITION TO THE CITY OF SALINA, KANSAS. Pursuant to findings of advisability made by the Governing Body of the City of Salina, Kansas. WHEREAS, a petition was filed with the City Clerk on the 25th clay of July 2003, under and pursuant to K.S.A. 12-6a01 et seq. to make certain street, drainage and utility improvements in RiverRun Addition. WHEREAS, the final plat that incorporates the following legal descriptions, excluding the unplatted tract, was approved by the Governing Body on July 7, 2003. NOW, THEREFORE, be it resolved by the Governing Body of the City of Salina, Kansas, that the following findings as to the advisability of making certain street, drainage, and utility improvements in RiverRun Addition of the City of Salina, Kansas, are hereby made, to wit: Section 1. That it is necessary and in the public interest to make improvements consisting of: RIVERRUN ADDITION, STREET, DRAINAGE AND UTILITY IMPROVEMENTS Curbing, guttering, paving, grading, drainage, and street lighting of Overlook Drive from the south property line of Lot 8, Block 4 to the cul-de-sac at the north end of Block 2; all of Stoneridge Lane; all of Stoneridge Loop; all of Springer Court; all of Marymount Road Loop; and Riverrun Parkway from Marymount Road to Overlook Drive. Installation of drainage crossing under Riverrun Parkway and the Drainage Pond Restoration. Installation of sanitary sewer and water mains. Section 2. That the estimated and probable cost of such improvement is $2,358,961.65. Section 3. That the Governing Body hereby further finds and finally determines that the boundaries of the improvement district against which costs of said improvements shall be assessed are hereby established and fixed as the following legal description: Lot 1 — 7, Block 1; Lots 1 — 23, Block 2; Lots 1 — 5, Block 3; Lots 1 — 8, Block 4; Lot 1, Block 5; Lots 1 — 4, Block 6 all in the RiverRun Addition to the City of Salina, Kansas. Unplatted Tract #2: A tract of land located in the Northeast Quarter of Section 30, and the Southeast Quarter of Section 19, Township 14 South, Range 2 West of the 6t" Principal Meridian, Saline County, Kansas, being more particularly described as follows: Commencing at the Northeast corner of said Northeast Quarter; — Thence on an assumed bearing of S 00°29'20"E along the East line of said Quarter section a distance of 1214.78 feet to the point of beginning of the tract to be described to a point on the centerline of Smoky Hill Riverbed; — Thence N 75°08'50" W along said centerline a distance of 468.94 feet; — Thence N 73°47'40"W continuing along said centerline a distance of 359.85 feet; — Then:;e N 65'29'10"W continuing along said centerline a distance of 547.20 feet; — Thence N 61°57'00"W continuing along said centerline a distance of 252.08 feet to a point on the centerline of Smoky Hill River; consooaaieo-saune — Thence N 12°21'03"W along said centerline of Smoky Hill River a distance of 309.53 feet; — Thence N 08'20'19"W continuing along said centerline a distance of 577.98 feet; — Thence N 09°23'38"E continuing along said centerline of 486.46 feet; — Thence N 35°38'56"E continuing along said centerline a distance of 535.95 feet to a point on the North line of said Northeast Quarter; — Thence N 89°09'49"E along said north line, a distance of 119.10 feet; — Thence S 44°23'28"E a distance of 358.81 feet; — Thence S 16°18'02"W a distance of 239.88 feet; — Thence S 08'34'12"E a distance of 184.11 feet; — Thence S 13°01'31"E a distance of 260.00 feet; — Thence S 02°07'49"E a distance of 160.90 feet; — Thence S 81 ° 17' 11 "E a distance of 266.74 feet; — Thence N 68°54'33"E a distance of 91.81 feet; — Thence N 83°37'11"E a distance of 90.81 feet; — Thence N 70°20'26"E a distance of 126.89 feet; — Thence N 51°43'00"E a distance of 147.93 feet; — Thence S 38°17'00"E a distance of 16.71 feet; — Thence on a curve to the right having a radius of 475.00 feet, a chord bearing of S 23'57'10"E, a chord distance of 235.14 feet, an arc distance of 237.61 feet; — Thence N 80°22'41"E, a distance of 117.51 feet back to the point of beginning. Said parcel contains 52.84 acres, more or less. Section 4. The method of assessment shall be equally per equivalent residential unit within the improvement district; provided, however, that Unplatted Tract #2 shall not be assessed for the improvements to Overlook Drive, Stoneridge Lane, Stoneridge Loop, Springer Court or Marymount Road Loop or for the sanitary sewer main and water main improvements. Section 5. The proposed 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 against the improvement district and zero percent (0%) of the cost shall be paid by the City -at -large. Section 6. That the advisability of the improvements set forth above is hereby established as authorized by K.S.A. 12-6a01 et seq. Section 7. Be it further resolved that the above described improvements are hereby authorized and declared to be necessary in accordance with the findings of the Governing Body as set out in this resolution. Section 8. The assessment with accrued interest shall be levied as a special tax upon the property included within the benefit district concurrent with the general property taxes and shall be payable in fifteen (15) equal annual installments. Section 9. 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 10. That for the purpose of providing funds to pay the cost of such improvements until bonds can be issued therefore, the Mayor and City Clerk be and they are hereby authorized to proceed with the issuance of temporary notes for the City of Salina, Kansas, as provided by K.S.A. 10- 123 and 12-6a01 et seq., 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 11. That 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 12. That the City expects to incur capital expenditures on and after the date of adoption of this Resolution in connection with such improvements, and intends to reimburse itself for such expenditures with the proceeds of said bonds or temporary notes in an amount which may aggregate a maximum of $2,358,961.65, plus cost of issuance and interest on temporary financing. Section 13. This resolution shall take effect after its passage and publication once in the official city newspaper. Adopted and passed this 4th day of August, 2003. {SEAL} ATTEST: Lieu Ann Nicola, City Clerk Alan E. Jilka, Mayor