01-5755 Advis Auth Stimmel SewConsolitla�edSlIn
(Published in the Salina Journal on September�a, 2001)
RESOLUTION NUMBER 01-5755
A RESOLUTION OF FINDING AS TO THE ADVISABILITY AND A RESOLUTION
AUTHORIZING CONSTRUCTION PURSUANT TO K.S.A. 12-601 et seq. OF AN IMPROVEMENT
CONSISTING OF CERTAIN SANITARY SEWER MAINS AND ASSOCIATED SANITARY SEWER
PUMP STATION IMPROVEMENTS TO SERVE THIRTY-TWO TRACTS OF LAND ON NORTH
FIFTH STREET AND ON STIMMEL ROAD IN THE CITY OF SALINA, KANSAS.
Pursuant to findings of advisability made by the Governing Body of the City of Salina, Kansas.
WHEREAS, the Governing Body of the City of Salina has identified certain areas in the northern
part of the City which currently are not served by a public sanitary sewer system; and
WHEREAS, the private sewage disposal systems in this area have, in many cases, been
inadequate to protect the public health and environment; and
WHEREAS, the Governing Body has incorporated into its adopted 5 -year Capital Improvement
Plan a project to construct certain sanitary sewer system improvements to serve these areas of the City; and
WHEREAS, K.S.A. 6a04 provides that the Governing Body may proceed without notice and
hearing to authorize and order sanitary sewer improvements.
NOW, THEREFORE, IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
SALINA, KANSAS:
Section 1. The Governing Body hereby finds and determines that it is necessary, advisable and
in the public interest to make an improvement consisting of:
FIFTH & STIMMEL SANITARY SEWER IMPROVEMENT
The installation of sanitary sewer mains and associated sanitary sewer pump
station to serve thirty-two developed tracts of land in the area of North Fifth Street
and Stimmel Road in the northern part of the City of Salina, Kansas.
Section 2. The estimated and probable cost of the foregoing improvement is $340,000.
Section 3. That the Governing Body hereby further finds and finally determines that the
boundaries of the improvement district against which a portion of the costs of said improvement shall be
assessed are hereby established and fixed as the following legal description:
Tract 1
A tract of land located in the Southwest Quarter (SW/4) of the Northwest Quarter
(NW/4) of Section One (1), Township Fourteen (14) South, Range Three (3) West of
the Sixth (6th) Principal Meridian in Saline County, Kansas, beginning Seven
Hundred Thirty (730) feet North and Thirty (30) feet West of the Southeast corner of
the Southwest Quarter (SW/4) of the Northwest Quarter (NW/4); thence West Three
Hundred One (301) feet; thence North One Hundred Forty-five (145) feet; thence East
Three Hundred One (301) feet; thence South One Hundred Forth -Five (145) feet back
to the point of beginning.
Tract 2
A tract of land located in the Northwest Quarter (NW/4) of the Northwest Quarter
(NW/4) of Section One (1), Township Fourteen (14) South, Range Three (3) West of
the Sixth (6th) Principal Meridian in Saline County, Kansas, beginning One Thousand
Six Hundred Forty-seven and Five Tenths (1647.5) feet South and Thirty (30) feet
West of the Northeast corner of the Northwest Quarter (NW/4) of the Northwest
Quarter (NW/4) of said Section One (1); thence South One Hundred and Forty-five
(145) feet; thence West Three Hundred Eighty-one (381) feet; thence North One
Hundred Forty-five (145) feet; thence East Three Hundred Eighty-one (381) feet back
to the point of beginning.
Tract 3
A tract of land located in the Southwest Quarter (SW/4) of the Northwest Quarter
(NW/4) of Section One (1), Township Fourteen (14) South, Range Three (3) West of
the Sixth (6th) Principal Meridian in Saline County, Kansas, beginning One Thousand
Nineteen (10 19) feet North and Thirty (3 0) feet West of the Southeast corner of the
Southwest Quarter (SW/4) of the Northwest Quarter (NW/4); thence West Three
Hundred Eighty-one (381) feet; thence South One Hundred Forty-five (145) feet;
thence West Two Hundred Nineteen (219) feet; thence North Four Hundred Thirty-
eight (438) feet; thence East Two Hundred Twenty-six (226) feet; thence One
Hundred (100) feet Southerly along the Dry Creek Channel; thence East Three
Hundred Eighty (380) feet; thence South Two hundred (200) feet back to the point of
beginning.
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Tract 4
A tract of land located in the Northwest Quarter (NW/4) of Section One (1), Township
Fourteen (14) South, Range Three (3) West of the Sixth (6th) Principal Meridian in
Saline County, Kansas, beginning South One thousand Three Hundred Forty-seven
and Five tenths (1347.5) feet and West Thirty (30) feet of the Northeast corner of said
Northwest Quarter (NW/4); thence South One Hundred (100) feet; thence West Three
Hundred Eighty (3 80) feet; thence North One Hundred (100) feet along the Centerline
of Dry Creek Channel; thence East Three Hundred Seventy-five (375) feet back to the
point of beginning.
Tract 5
A tract of land located in the Northwest Quarter (NW/4) of Section One (1), Township
Fourteen (14) South, Range Three (3) West of the Sixth (6th) Principal Meridian in
Saline County, Kansas, beginning One Thousand and Ninety-seven (1097) feet South
and Thirty (30) feet West of Northeast Corner of said Northwest Quarter (NW/4);
thence South Fifty and Five tenths (50.5) feet; thence West Three Hundred Fifty-five
and Six tenths (355.6) feet; thence Northerly along the Centerline of Dry Creek to a
point approximately Three Hundred Eighty (380) feet West of the point of beginning;
thence East approximately Three Hundred Eighty (380) feet back to the point of
beginning.
Tract 6
A tract of land located in the Northwest Quarter (NW/4) of the Northwest Quarter
(NW/4) of Section One (1), Township Fourteen (14) South, Range Three (3) West of
the Sixth (6th) Principal Meridian in Saline County, Kansas, beginning South One
Thousand Twenty-seven (1027) feet and West Thirty (30) feet of the Northeast
Corner of said Northwest Quarter (NW/4) of the Northwest Quarter (NW/4); thence
South Seventy (70) feet; thence West Three Hundred Seventy-five (375) feet; thence
North Seventy (70) feet along the Centerline of Dry Creek Channel; thence West Four
Hundred and Fourteen (414) feet back to the point of beginning.
Tract 7
A tract of land located in the Northwest Quarter (NW/4) of the Northwest Quarter
(NW/4) of Section One (1), Township Fourteen (14) South, Range Three (3) West of
the Sixth (6th) Principal Meridian in Saline County, Kansas, beginning South Nine
Hundred Twenty-seven (927) feet and West Thirty (30) feet of the Northeast Corner
of said Northwest Quarter (NW/4) of the Northwest Quarter (NW/4); thence South
One hundred (100) feet; thence West Four Hundred Fourteen (414) feet; thence
Northerly One Hundred and Two (102) feet along the Centerline of Dry Creek
Channel; thence East Four hundred and Forty-two (442) back to the point of
beginning.
Tract 8
A tract of land located in the Northwest Quarter (NW/4) of the Northwest Quarter
(NW/4) of Section One (1), Township Fourteen (14) South, Range Three (3) West of
the Sixth (6th) Principal Meridian in Saline County, Kansas, beginning South Eight
Hundred Forty-two (842) feet and West Thirty (30) feet of the Northeast Corner of
said Northwest Quarter (NW/4) of the Northwest Quarter (NW/4); thence South
Eighty-five (85) feet; thence West Four Hundred Forty-two (442) feet; thence
Northerly Ninety-two (92) feet; thence West Four hundred Seventy-eight (478) feet
back to the point of beginning.
Tract 9
A tract of land located in the Northwest Quarter (NW/4) of the Northwest Quarter
(NW/4) of Section One (1), Township Fourteen (14) South, Range Three (3) West of
the Sixth (6th) Principal Meridian in Saline County, Kansas, beginning South Seven
Hundred and Fifty-eight (758) feet and West Thirty (30) feet of the Northeast Corner
of said Northwest Quarter (NW/4) of the Northwest Quarter (NW/4); thence South
Eighty-four (84) feet; thence West Four Hundred Seventy-eight (478) feet; thence
Northerly Ninety-five (95) feet along the Center Dry Creek Channel; thence East Five
Hundred and Twenty (520) feet back to the point of beginning.
Tract 10
A tract of land located in the Northwest Quarter (NW/4) of the Northwest Quarter
(NW/4) of Section One (1), Township Fourteen (14) South, Range Three (3) West of
the Sixth (6th) Principal Meridian in Saline County, Kansas, beginning Six Hundred
Seventy-four (674) feet and West Thirty (30) feet of the Northeast Corner of said
Northwest Quarter (NW/4) of the Northwest Quarter (NW/4); thence South Eighty-
four (84) feet; thence West Five Hundred and Twenty (520) feet; thence Northerly
One Hundred and Two (102) feet; thence East Five hundred Eighty (580) feet back
to the point of beginning.
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Tract 11
A tract of land located in the Northwest quarter (NW/4) of the Northwest quarter
(NW/4) of Section One (1), Township Fourteen (14) South, Range Three (3) West of
the Sixth (6th) Principal Meridian in Saline County, Kansas, beginning Thirty feet (30)
West and Four Hundred Ninety Six and Seven tenths (496.7) feet South of the
Northeast corner of said Quarter; thence South One Hundred Seventy Five (175) feet;
thence West Five Hundred Eighty (580) feet; thence Northwesterly One Hundred
Forty Six (146) feet along the center of Dry Creek Channel; thence North Two
Hundred Thirty Three (233) feet; thence East Four Hundred Seventy Seven and Four
tenths (477.4) feet; thence South One Hundred Fifty (150) feet; thence East Two
Hundred Fifteen (215) feet back to the point of beginning.
Tract 12
A tract of land located in the Northwest quarter (NW/4) of the Northwest quarter
(NW/4) of Section One (1), Township Fourteen (14) South, Range Three (3) West of
the Sixth (6th) Principal Meridian in Saline County, Kansas, beginning Thirty (30) feet
West and Four Hundred Twenty One and Seven tenths (421.7) feet South of the
Northeast corner of said Quarter; thence South Seventy Five (75) feet; thence West
Two Hundred Fifteen (215) feet; thence North Seventy Five (75) feet; thence East
Two Hundred Fifteen (215) feet back to the point of beginning.
Tract 13
A tract of land located in the Northwest quarter (NW/4) of the Northwest quarter
(NW/4) of Section One (1), Township Fourteen (14) South, Range Three (3) West of
the Sixth (6th) Principal Meridian in Saline County, Kansas, beginning Thirty (30) feet
West and Three Hundred Forty Six and Seven tenths (346.7) feet South of the
Northeast corner of said Quarter; thence South Seventy Five (75) feet; thence East
Two Hundred Fifteen (215) feet; thence North Seventy Five (75) feet; thence West
Two Hundred Fifteen (215) feet back to the point of beginning.
Tract 14
A tract of land located in the Northwest quarter (NW/4) of the Northwest quarter
(NW/4) of Section One (1), Township Fourteen (14) South, Range Three (3) West of
the Sixth (6th) Principal Meridian in Saline County, Kansas, beginning Thirty (30) feet
West and Thirty (30) feet South; thence South Three Hundred Sixteen and Seven
tenths (316.7) feet; thence West Four Hundred Twenty Two (422) feet; thence North
Three Hundred Nineteen and One tenth (319.1) feet; thence East Four Hundred
Twenty Two (422) feet back to the point of beginning.
Tract 15
A tract of land located in the Southwest quarter (SW/4) of Section Thirty-six (36),
Township Thirteen (13) South, Range Three (3) West of the Sixth (6th) Principal
Meridian in Saline County, Kansas, beginning at a point of the South line of said
Section Thirty-six (36), which point is Thirty (30) feet West of the Southeast corner
of the Southwest Quarter (SW/4) of the Southwest Quarter (SW/4) of said Section
Thirty-six (36); thence West along the South line of said Section, One Hundred Fifty
(150) feet; thence North Eighty (80) feet; thence East One Hundred Fifty (150) feet;
thence South Eighty (80) feet back to the point of beginning.
Tract 16
All that part of the Southwest quarter of the Southwest quarter (SW/4 SW/4) of
Section Thirty Six (36), Township Thirteen South (T13S), Range Three West (R3W)
of the 6th Principal Meridian., described as follows, to -wit: Commencing at a point
Thirty (30) feet West and Eighty (80) feet North of the Southeast corner of the
Southwest Quarter of the Southwest Quarter (SW/4 SW/4) of said Section 36, thence
running West One Hundred Fifty (150) feet; thence South Eighty (80) feet; thence
West Two Hundred Sixty-nine (269) feet; thence North One Hundred Ninety-nine
(199) feet, more or less to the center of Mulberry Creek; thence in a Northeasterly
direction following the center of said creek to a point due West of a point Five
Hundred Ninety-six and Three tenths (596.3) feet North of the place of beginning,
thence East Sixty-two (62) feet; thence South Five Hundred Ninety-six and Three
tenths (596.3) feet to the place of beginning.
Tract 17
The North One Hundred Forty Five (145) feet of West Two Hundred Ten (2 10) feet
of Lot One (1), Surveyors Plat "53" to the City of Salina, Saline County, Kansas, less
right-of-way,
Tract 18
The East Forty Four (44) feet of West Two Hundred Fifty Four (254) feet of North
Two Hundred Sixty Three (263) feet and East Fifty Six (56) feet of West Two
Hundred Ten (210) feet of South One Hundred Eighteen (118) feet of North Two
Hundred Sixty Three (263) feet of Lot One (1), Surveyors Plat "53" to the City of
Salina, Saline County, Kansas.
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Tract 19
The East One Twenty Four (124) feet of West One Hundred Fifty Four (154) feet of
South One Hundred Eighteen (118) feet of North Two Hundred Sixty Three (263) feet
of Lot One (1), Surveyors Plat "53" to the City of Salina, Saline County, Kansas, less
right-of-way.
Tract 20
A tract of land located on Lot One (1), less the West Two Hundred Fifty Four (254)
feet and less the East Twenty (20) feet of the West Two Hundred Seventy Four (274)
feet of the South Two Hundred Thirty Two (232) feet, Surveyors Plat "53" to the City
of Salina, Saline County, Kansas
Tract 21
A tract of land located on the North One Hundred Eighteen (118) feet of the South
Two Hundred Two (202) feet of the East One Hundred Twenty Four (124) feet of
West One Hundred Fifty Four (154) feet of Lot One (1), Surveyors Plat "53" to the
City of Salina, Saline County, Kansas.
Tract 22
A tract of land located on a portion of Lot One (1), Surveyors Plat "53" to the City of
Salina, Saline County, Kansas, beginning Seven Hundred Forty One (741) feet South
of Northwest corner, Southeast quarter (SE/4), Southwest quarter (SW/4) of Section
Thirty-six (36), Township Thirteen (13) South, Range Three (3) West of the Sixth
(6th) Principal Meridian, in the City of Salina, Saline County, Kansas; thence South
Eighty Four (84) feet; thence East Two Hundred Fifty Four (254) feet; thence North
One Hundred Fifty Two (152) feet; thence West One Hundred (100) feet; thence
South Sixty Eight (68) feet and West One Hundred Fifty Four (154) feet to point of
beginning.
Tract 23
Lots Two (2) and Three (3), Surveyors Plat "53" to the City of Salina, Saline County,
Kansas.
Tract 24
The West Three Hundred Five (305) feet of Lot Four (4), less right-of-way Surveyors
Plat "53" to the City of Salina, Saline County, Kansas.
Tract 25
The East One Hundred Thirty Five (135) feet of Lot Four (4), Surveyors Plat "53" to
the City of Salina, Saline County, Kansas.
Tract 26
Lot Five (5), Surveyors Plat "53" to the City of Salina, Saline County, Kansas.
Tract 27
The West One Hundred Fifty Five (155) feet of Lot Six (6), Surveyors Plat "53" to the
City of Salina, Saline County, Kansas.
Tract 28
East Sixty Five (65) feet of Lot Six (6), Surveyors Plat "53" to the City of Salina,
Saline County, Kansas.
Tract 29
Lot Seven (7), Surveyors Plat "53" to the City of Salina, Saline County, Kansas.
Tract 30
Lot Eight (8), Surveyors Plat "53" to the City of Salina, Saline County, Kansas.
Tract 31
Lot One (1), Block One(1), Stimmel School Addition to the City of Salina, Saline
County, Kansas.
Tract 32
Lot Two (2), Block One (1), Stimmel School Addition to the City of Salina, Saline
County, Kansas.
Section 4. The undeveloped tracts in the immediate area of the foregoing improvement shall not
be included in the improvement district in that the entire area of this improvement is located in the mapped
floodway of Mulberry Creek. Existing buildings and structures on the developed tracts are grandfathered in,
but no new development may legally occur in this area. New construction or development, which would cause
an obstruction or increase in flood heights in the floodway is prohibited by Section 42-443 of the Salina Code
(The Floodway Overlay District) in compliance with the provisions of the National Flood Insurance Act of 1968
and 44 CFR 60.3(d)(3) of the Code of Federal Regulations.
CIIIA,tod9 Lne
Therefore, the Governing Body finds that vacant undeveloped tracts are properly excluded from
the improvement district in that the legal restrictions on future development in the Floodway Overlay Zoning
District prevent any potential use of the sanitary sewers to benefit these tracts. The currently undeveloped tracts
are not similarly situated to the previously developed tracts included in the improvement district.
Section 5. The method of assessment shall be as follows:
Each of the thirty-two tracts in the improvement district shall be assigned either
one "unit" assessment or two "unit" assessments. The thirty tracts developed with
a single-family residential structure or other structures for which the sewer
improvements will be planned and designed to provide one service connection to
the sanitary sewer shall be assigned one "unit" of assessment. The two tracts
developed with a two-family residential structure (duplex) or other similar
structures for which the sewer improvements will be planned and designed to have
more than one service connection to the sanitary sewer shall be assigned two
"units" of assessment. Each "unit" of assessment shall be one thirty-fourth (1/34)
of the total portion of the cost assessed to the improvement district. In no event
shall the assessment for any parcel assigned one "unit" exceed $5,000, nor shall
the assessment for any parcel assigned two "units" exceed $10,000.
Section 6. The apportionment of costs between the improvement district and the city -at -large
shall be as follows:
(a) The improvement district shall be assessed fifty percent (50%) of the total
cost of the improvements in an amount not to exceed $170,000.
(b) The city -at -large shall pay any costs in excess of $170,000.
Section 7. That the advisability of the improvements set forth above is hereby established as
authorized by K.S.A. 12-6a01 et seq.
Section 8. 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 9. 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 10. The City Engineer be and is hereby directed and ordered to prepare plans and
specifications, and estimates of the cost of said improvements, and is authorized to set a bid date and receive
bids for the improvement construction.
Section 11. 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 execute temporary notes
for the City of Salina, Kansas, as provided by K.S.A. 10-123 and 12-6a04, 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 12. 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 her which have been properly certified by the City Engineer, so long as the aggregate payments
do not exceed the total contract price.
Section 13. That the City expects to incur capital expenditures on and after the date of adoption
of this resolution (the "Expenditures") in connection with such improvements, and intends to reimburse itself
for such Expenditures with the proceeds of bonds or temporary notes in the maximum outstanding principal
amount of $340,000, the anticipated cost of the improvements.
Section 14. This resolution shall take effect after its passage and publication once in the official
city newspaper.
Adopted by the Board of Commissioners and signed by the Mayor this 17th day of September,
{SEAL)
AYEST:
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Lieu Ann Nicola, City Clerk
J�ii`stinM. Se ton, Mayor