01-5745 Amend Advis Authrso-.�eeie�sa�wa
(Published in the Salina Journal on Augusto?12001
RESOLUTION NUMBER 01-5745
A RESOLUTION AMENDING RESOLUTION NO. 01-5742 FINDING AS TO THE
ADVISABILITY AND AUTHORIZING CONSTRUCTION PURSUANT TO K.S.A. 12-601 et seq. OF
AN IMPROVEMENT CONSISTING OF CERTAIN STREET IMPROVEMENTS ON SOUTH
MARYMOUNT ROAD FROM RIDGEVIEW ROAD TO MARIPOSA DRIVE IN THE CITY OF
SALINA, KANSAS.
WHEREAS, the Governing Body adopted Resolution No. 01-5742 on August 6, 2001 finding as to
the advisability and authorizing certain street, sidewalk and drainage improvements to Marymount Road (the
"Improvements");
WHEREAS, Resolution No. 01-5742 provides that the estimated and probable cost of the
Improvements is $1,232,762.37;
WHEREAS, of the total costs of the Improvements, the street improvements are estimated to cost
$812,459.28 and the sidewalk and drainage improvements are estimated to cost $420,303.09;
WHEREAS, Resolution No. 01-5742 provides that the improvement district shall be assessed for 55%
of the total costs of the street improvements ($446,852.60) and the City will pay for a) 45% of the total costs
of the street improvements ($365,606.68), b) 100% of the costs of the sidewalk improvements and c) 100% of
the costs of the drainage improvements;
WHEREAS, the Governing Body has determined that the portion of the street improvements to paid
by the City do not benefit the property in the benefit district and should be excluded from the improvement
district;
WHEREAS, the Governing Body has determined that it is also desirable to exclude the sidewalk and
drainage improvements from the improvement district and to finance the excluded street improvements, the
sidewalk improvements and the drainage improvements pursuant to K.S.A. 12-685 et seq;
WHEREAS, in order to accomplish the foregoing, the Governing Body desires to amend Resolution
No. 01-5742 to exclude certain portions of the Improvements from the improvement district; and
WHEREAS, such amendments do not increase the total costs to be assessed to the improvement
district;
NOW, THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
SALINA, KANSAS:
Section 1. Section 1 of Resolution No. 0 1-5 742 is hereby amended to read as follows:
"Section 1. The Governing Body hereby finds, and finally determines, that it is necessary,
advisable and in the public interest to make an improvement consisting of the following:
Curbing, guttering, paving and grading of South Marymount Road from the north line of
Ridgeview Road to Mariposa Drive to serve Tracts 1 through 9, Block 1, Eastridge Acres, P.D.D.;
Tracts 1 through 4, Block 2, Eastridge Acres, P.D.D.; Tracts 1 through 5 and 7 through 13, Block
3, Eastridge Acres P.D.D.; Lots 1 through 11, Block 1, Replat of Eastbank Estates; Tracts 1
through 3, Frisbe Acres P.D.D.; Lots 1 through 12, Block 1, Mariposa Addition; Lots 1 through
11, Block 2, Mariposa Addition; Lots 1 through 3, Block 3, Mariposa Addition; Lots 1 through
6, Block 4, Mariposa Addition; Lots 1 through 9, Blockl, Ridgeview Addition and Unplatted
Tracts 1 through 12;
Unplatted Tracts 1 through 9 are described as follows:
SEC. 19, TWP. 14S, R2W
Tract 1: P.O.B. 1660' north and 40' west of SE corner SE '/4; west 260'; north 170'; east
260'; south 170' to POB.
Tract 2: P.O.B. 970' south and 40' west of NE corner SE 1/4; south 170% west 260% north
170% east 260' to POB.
Tract 3: North 340' of the South 510' of the N''/z of the SE'/4 east of the river less the East
300'.
Tract 4: The South 170' of the N % of the SE '/4 east of river, less road R/W.
Tract 5: The North 282.5' of the N '/z of the SE '/4 of the SE '/4.
Tract 6: The South 130' of the North 412.5' of the N %2 of the SE'/4 of the SE'/4 East of
the river.
Tract 7: P.O.B. 481.45' south and 50' west of the NE corner of the SE '/4; West 250%
south 145% east 250% north 145' to POB.
Tract 8: The E '/z or the North 200' of the South 330' of the SE '/4 of the NE '/4 of the NE
'/4 East of the river.
Tract 9: The W '/2 of the North 200' of the South 330' of the SE '/4 of the NE '/4 East of
the river.
Unplatted Tracts 10 through 12 are described as follows:
SEC. 20, TWP. 14S, R2W
Tract 10: P.O.B. 40' east of the NW corner of the SW '/4; east 482.66'; south 250'; West
482.66'; north 250' to POB.
Tract 11: P.O.B. 40' east of the SW corner of the NW %4; north 220% east 356% South
220'; west 356' to POB.
Tract 12: P.O.B. 40' east and 220' north of the SW comer of the NW '/4; north 230'; East
285'; south 230% west 285' to POB, to the City of Salina, Kansas."
Section 2. Section 2 of Resolution No. 01-5742 is hereby amended to read as follows:
"Section 2. The estimated and probable cost of the foregoing improvement is $430,603.32."
Section 3. Section 3 of Resolution No. 01-5742 is hereby amended to clarify the boundaries of the
improvement district as follows:
"Section 3. 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:
Tracts 1 through 9, Block 1, Eastridge Acres, P.D.D.; Tracts 1 through 4, Block 2, Eastridge
Acres, P.D.D.; Tracts 1 through 5 and 7 through 13, Block 3, Eastridge Acres P.D.D.; Lots 1
through 11, Block 1, Replat of Eastbank Estates; Tracts 1 through 3, Frisbe Acres P.D.D.; Lots
1 through 12, Block 1, Mariposa Addition; Lots 1 through 11, Block 2, Mariposa Addition; Lots
1 through 3, Block 3, Mariposa Addition; Lots 1 through 6, Block 4, Mariposa Addition; Lots 1
through 9, Blockl, Ridgeview Addition and Unplatted Tracts 1 through 12;
Unplatted Tracts 1 through 9 are described as follows:
SEC. 19, TWP. 145, R2W
Tract 1: P.O.B. 1660' north and 40' west of SE corner SE %4; west 260% north 170'; east
260% south 170' to POB.
Tract 2: P.O.B. 970' south and 40' west of NE comer SE '/4; south 170'; west 260% north
170% east 260' to POB.
Tract 3: North 340' of the South 510' of the N % of the SE'/4 east of the river less the East
300'.
Tract 4: The South 170' of the N % of the SE '/4 east of river, less road R/W.
Tract 5: The North 282.5' of the N % of the SE '/4 of the SE '/4.
Tract 6: The South 130' of the North 412.5' of the N Y� of the SE'/4 of the SE'/4 East of
the river.
Tract 7: P.O.B. 481.45' south and 50' west of the NE corner of the SE %4; West 250';
south 145% east 250% north 145' to POB.
Tract 8: The E % or the North 200' of the South 330' of the SE '/4 of the NE '/4 of the NE
'/4 East of the river.
Tract 9: The W % of the North 200' of the South 330' of the SE '/4 of the NE %4 East of
the river.
Unplatted Tracts 10 through 12 are described as follows:
SEC. 20, TWP. 14S, R2W
Tract 10: P.O.B. 40' east of the NW comer of the SW '/4; east 482.66'; south 250'; West
482.66'; north 250' to POB.
Tract 11: P.O.B. 40' east of the SW corner of the NW %4; north 220% east 356'; South
220'; west 356' to POB.
Tract 12: P.O.B. 40' east and 220' north of the SW corner of the NW '/4; north 230'; East
285'; south 230% west 285' to POB, to the City of Salina, Kansas."
Section 4. Section 5 of Resolution No. 01-5742 is hereby amended to read as follows:
"Section 5. The apportionment of costs between the improvement district and the City
at large shall be as follows:
(a) The improvement district shall be assessed one hundred percent (100%) of
the total cost of the improvements in an amount not to exceed $430,603.42
(which is not in excess of fifty-five (55%) of $812,459.28).
(b) The City shall pay any costs in excess of $430,603.42."
Section 5. 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 20th day of August, 2001.
istin M. Seaton, Mayor
{SEAL}
ATTEST:
Lieu Ann Nicola, City Clerk