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01-5730 Advis Auth S MarymountGosoMAa���.a (Published in the Salina Journal on July , 2001 RESOLUTION NUMBER 01-5730 A RESOLUTION OF FINDING AS TO THE ADVISABILITY AND A RESOLUTION AUTHORIZING CONSTRUCTION PURSUANT TO K.S.A. 12-6a01 et seq. OF AN IMPROVEMENT CONSISTING OF CERTAIN STREET AND STORM DRAINAGE IMPROVEMENTS SOUTH OF MARYMOUNT ROAD FROM CRAWFORD STREET TO MARIPOSA DRIVE 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, Kansas, did on July 9th, 2001 hold a public hearing on the advisability of the improvements described herein; and WHEREAS, notice of such hearing was duly published as required by law; and WHEREAS, the Governing Body does find and determine, in accordance with K.S.A. 12-6a01 et seq., all as hereinafter set forth; NOW, THEREFORE BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF SALINA, KANSAS: 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: The curbing, guttering, paving, grading, sidewalk and drainage of South Marymount Road from Crawford Street to Mariposa Drive to serve Tract 1 through 10, Block 1, Eastridge Acres, P.D.D.; Tract 1 through 4, Block 2, Eastridge Acres, P.D.D.; Tract 1 through 13, Block 3, Eastridge Acres, P.D.D.; Lot 1 through Lot 11, Block 1, Replat of Eastbank Estates; Tract 1 through 3, Frisbe Acres, P.D.D.; Lot 1 through 12, Block 1, Mariposa Addition; Lot 1 through 11, Block 2, Mariposa Addition; Lot 1 through Lot 3, Block 3, Mariposa Addition; Lot 1 through 6, Block 4, Mariposa Addition, Unplatted Tract 1 through 12, SEC. 20, TWS. 14S, R2W; and Lot 1 through 9, Block 1, Ridgeview Addition, to the City of Salina, Kansas. Section 2. The estimated and probable cost of the foregoing improvement is $1,232,762.37. 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: Tract 1 through 10, Block 1 Eastridge Acres, P.D.D.; Tract 1 through 4, Block 2, Eastridge Acres P.D.D.; Tract 1 through Tract 13, Block 3, Eastridge Acres, P.D.D.; Lot 1 through 11, Block 1, Replat of Eastbank Estates; Tract 1 through 3, Frisbe Acres P.D.D.; Lot 1 through 12, Block 1, Mariposa Addition; Lot 1 through 11, Block 2, Mariposa Addition; Lot 1 through 3, Block 3, Mariposa Addition; Lot 1 through 6, Block 4, Mariposa Addition; Unplatted Tract 1 through 12, SEC. 20, TWS. 14S, R2W; Lot 1 through 9, Block 1, Ridgeview Addition, to the City of Salina, Kansas. Section 4. The method of assessment shall be: equal assessments against the 101 parcels of property in the improvement district. Section 5. The apportionment of costs between the improvement district and the City at large shall be as follows: The City shall pay forty-five percent (45%) of the total cost of the street improvements, including grading, pavement, curbs and gutters; one hundred percent (100%) of the total cost of the sidewalks; and one hundred percent (100%) of the total cost of the drainage improvements, including storm pipelines, storm inlets and any incidentals thereto to complete the drainage system. The improvement district shall be assessed fifty-five percent (55%) of the total cost of the street improvements. Goo Idale6Sxlina Section 6. The advisability of the improvements set forth above is hereby established as authorized by K.S.A. 12-6a01 et seq. Section 7. 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. 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 10. 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 11. 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 12. 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 said bonds or temporary notes in an amount which, depending on the date of issuance of said bonds or temporary notes, may aggregate a maximum of $1,232,762.37 plus costs of issuance and plus costs of interest on any temporary financing. Section 13. 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 9' day of July, 2001. SEAL Lieu Ann Nicola, City Clerk