01-5770 Advis Auth N Ohio Util(Published in the Salina Journal on November, 200 1)
RESOLUTION NO. 01-5770
A RESOLUTION OF FINDING AS TO THE ADVISABILITY AND A RESOLUTION
AUTHORIZING CONSTRUCTION PURSUANT TO K.S.A. 12-601 et sea. OF AN
IMPROVEMENT CONSISTING OF CERTAIN WATER MAIN IMPROVEMENTS, SANITARY
SEWER MAIN AND ASSOCIATED SANITARY PUMP STATION IMPROVEMENTS TO SERVE
FOURTEEN TRACTS OF LAND ON NORTH OHIO STREET 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 which are either not
served by a public water supply system or are served by small diameter lines of a rural water district system
not capable of providing adequate water volumes, pressures and fire hydrants necessary for fire protection
purposes, including development related to Uniform Fire Code requirements.
WHEREAS, the Governing Body has incorporated into its adopted five-year Capital Improvement
Plan a project to construct certain water and sanitary sewer system improvements to serve this area of the
City; and
WHEREAS, a public hearing was held on October 22, 2001 and continued on November 5, 2001
with respect to such improvements, pursuant to K.S.A. 12-604; and
WHEREAS, notice of such hearing was duly published as required by law.
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:
NORTH OHIO STREET WATER AND
SANITARY SEWER SYSTEM IMPROVEMENTS
The installation of a water main, sanitary sewer main and associated sanitary
sewer pump station along North Ohio Street to serve fourteen tracts of land in
the area of North Ohio Street and Interstate 70 in the northern part of the City
of Salina, Kansas.
Section 2. The estimated and probable cost of the foregoing improvement is $544,552.10.
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 cost of said improvement shall be assessed are
hereby established and fixed as the following legal description:
BENEFIT DISTRICT "A"
Tract # 4 (Parcel # 9872A): A parcel of land located in the Southeast Quarter
(SE '/4) of the Southeast Quarter (SE '/4) of Section Thirty -Six (36), Township
Thirteen (13) South, Range Three (3) West of the 60' P.M., Saline County,
Kansas, more particularly described as follows: Commencing at the Northeast
corner of said SE '/4 of the SE '/4; thence West along the North line of said SE
'/4 a distance of 37.50 feet to a point on Ohio Street right-of-way and to the
point of beginning; thence West along the North line of said SE '/4 a distance of
663.43 feet; thence South parallel with the East line of the said SE '/4 a distance
of 370.00 feet; thence in a Southeasterly direction to a point on the Ohio Street
right-of-way, said point being 37.50 feet West and 390.00 feet South of said
Northeast corner; thence North parallel with said East line a distance of 390.00
feet to the point of beginning. Said parcel of land contains 252,103 square feet,
more or less.
Tract # 6 (Parcel # 9854A): A parcel of land located in the Northeast Quarter
(NE '/4) of the Southeast Quarter (SE '/4) of Section Thirty -Six (36), Township
Thirteen (13) South, Range Three (3) West of the 6"' P.M., Saline County,
Kansas, more particularly described as follows: Commencing at the Northeast
corner of said SE '/4; thence West along the North line of said SE '/4 a distance
of 37.50 feet to the point of beginning; thence continuing West along said
North line a distance of 663.43 feet; thence South parallel with the East line of
colsmieaieo-sai'ina
said SE '/4 a distance of 1318.76 feet; thence East a distance of 663.43 feet to a
point on the Ohio Street right-of-way line; thence North parallel with said East
line of said SE '/4 a distance of 210.00 feet; thence West at right angles to said
East line of said SE '/4 a distance of 391.65 feet; thence North parallel with the
East line of said SE '/4 a distance of 354.00 feet; thence East at right angles to
said East line of said SE '/4 a distance of 391.65 to a point on the Ohio Street
right-of-way; thence North parallel with said East line of said SE '/4 a distance
of 748.00 feet to the point of beginning. Said parcel of land contains 734,018
square feet, more or less.
Tract # 7 (Parcel # 9848A): A parcel of land located in the East half of the
Northeast Quarter (NE `/4) of Section Thirty-six (36), Township Thirteen (13)
South, Range Three (3) West of the 6"' P.M., Saline County, Kansas, more
particularly described as follows: Commencing at the Southeast corner of the
said NE '/4; thence West along the South line of said NE '/4 a distance of 60.00
feet to the point of beginning; thence North along Ohio Street right-of-way
parallel with the East line of said NE '/4 a distance of 414.28 feet; thence
continuing in along Ohio Street right-of-way a distance of 85.84 feet; thence
West parallel to the South line of said NE '/4 a distance of 454.60 feet; thence
North parallel with said East line a distance of 458.10 feet to a point on
Interstate 70 right-of-way; thence Southwesterly along said Interstate 70 right-
of-way a distance of 111.91 feet; thence Southwesterly along said Interstate 70
right-of-way a distance of 84.06 feet; thence South and parallel with said East
line of NE '/4 a distance of 889.77 feet to a point on said South line of the NE
'/4; thence East along said South line of said NE '/4 a distance of 640.93 feet to
the point of beginning. Said parcel of land contains 398,359 square feet, more
or less.
Tract # 8 (Parcel # 9847): A parcel of land located in the East half of the
Northeast Quarter (NE '/4) of Section Thirty-six (36), Township Thirteen (13)
South, Range Three (3) West of the 6�h P.M., Saline County, Kansas, more
particularly described as follows: Commencing at the Southeast corner of the
said NE '/4; thence West along the South line of said NE '/4 a distance of 60.00
feet; thence North along Ohio Street right-of-way parallel with the East line of
said NE '/4 a distance of 414.28 feet; thence in a Northwesterly direction along
said Ohio Street right-of-way a distance of 85.84 feet to the point of beginning;
thence West parallel to the South line of said NE '/4 a distance of 454.60 feet;
thence North parallel with said East line a distance of 45 8. 10 feet to a point on
Interstate 70 right-of-way; thence Northeasterly along said Interstate 70 right-
of-way a distance of 429.70 feet to a point on the Ohio Street right-of-way;
thence in a Southeasterly direction along said Ohio Street right-of-way a
distance of 549.99 feet to the point of beginning. Said parcel of land contains
220,964 square feet, more or less.
Tract #9 (Parcel # 18885): A parcel of land located in the Southwest Quarter
(SW '/4) of Section Thirty-one (31), Township Thirteen (13) South, Range Two
(2) West of the 6"' P.M., Saline County. Kansas, more particularly described as
follows: Beginning at the Northwest corner of said SW '/4; thence South along
the West line of said SW '/4 a distance of 1237.92 feet; thence East parallel with
the North line of said SW '/4 a distance of 60.00 feet to the point of beginning,
said point being on the East right-of-way line of Ohio Street; thence East
parallel with the North line of said SW '/4 a distance of 640.93 feet; thence
South and parallel with the West line of said SW '/4 a distance of 535.00 feet;
thence West parallel with said North line of said SW '/4 a distance of 640.93
feet to a point on the East right-of-way line of Ohio Street; thence North
parallel with said West line a distance of 535.00 feet, to the point of beginning.
Said described parcel of land contains 342,898 square feet, more or less.
Tract #10 (Parcel # 9862): A parcel of land located in the Southwest Quarter
(SW 1/4) of Section Thirty-one (31), Township Thirteen (13) South, Range Two
(2) West of the 6"' P.M., Saline County. Kansas, more particularly described as
follows: Beginning at the Northwest corner of said SW '/4 ; thence South along
the West line of said SW '/4 a distance of 618.96 feet; thence East parallel with
the North line of said SW '/4 a distance of 60.00 feet to the point of beginning,
said point being on the East right-of-way line of Ohio Street; thence East
parallel with the North line of said SW '/4 a distance of 640.93 feet; thence
South and parallel with the West line of said SW '/4 a distance of 618.96 feet;
thence West parallel with said North line of said SW '/4 a distance of 640.93
Conso1d,wtlSalire
feet to a point on the East right-of-way line of Ohio Street; thence North
parallel with said West line of said SW '/4 a distance of 618.96 feet, to the point
of beginning. Said described parcel of land contains 396,710 square feet, more
or less.
Tract #11 (Parcel # 18882): A parcel of land located in the Southwest Quarter
(SW '/4) of Section Thirty-one (31), Township Thirteen (13) South, Range Two
(2) West of the 6"' P.M., Saline County, Kansas, more particularly described as
follows: Beginning at the Northwest corner of said SW '/4 ; thence South along
the West line of said SW '/4 a distance of 250.00 feet; thence East parallel with
the North line of said SW '/4 a distance of 60.00 feet to the point of beginning,
said point being on the East right-of-way line of Ohio Street; thence East
parallel with the said North line of said SW '/4 a distance of 640.93 feet; thence
South and parallel with the West line of said SW '/4 a distance of 368.96 feet;
thence West parallel with said North line of said SW '/4 a distance of 640.93
feet to a point on the East right-of-way line of Ohio Street; thence North
parallel with said West line a distance of 368.96 feet, to the point of beginning.
Said described parcel of land contains 236,478 square feet, more or less.
Tract #12 (Parcel #18881): Lot 1, Block 1, Lindfors Addition to the City of
Salina, Saline County, Kansas. Said described parcel of land contains 160,233
square feet, more or less.
Tract # 16 (Parcel # 984613): A parcel of land located in the Northwest Quarter
(NW '/4) of Section Thirty-one (31), Township Thirteen (13) South, Range Two
(2) West of the 6"' P.M., Saline County, Kansas, more particularly described as
follows: Commencing at the Southwest corner of said Northwest Quarter (NW
'/4); thence North on the west line of said NW '/4 a distance of 624.42 feet;
thence East parallel with the South line of said NW '/4 a distance of 76.89 feet
to the point of beginning; thence Northeasterly along platted Ohio Street right-
of-way a distance of 425.00 feet to a point on Interstate 70 right-of-way; thence
Northeasterly along said Interstate 70 right-of-way a distance of 965.50 feet;
thence Northeast along said Interstate right-of-way a distance of 22.42 feet;
thence South parallel with the West line of said NW '/4 a distance of 932.94
feet; thence West parallel with the South line of said NW '/4 a distance of
425.00 feet; thence South parallel with the West line of said NW '/4 a distance
of 235.58 feet; thence West parallel with the South line of said NW '/4 a
distance of 245.61 feet, back to the point of beginning. Said described parcel is
a Northerly portion of Lot 1, Block 1 of Flying J Subdivision, to the City of
Salina, Saline County, Kansas, and contains 423,774 square feet, more or less.
BENEFIT DISTRICT "B"
Tract # 1 (Parcel # 9848B): A parcel of land located in the East half of the
Northeast Quarter (NE '/4) of Section Thirty-six (36), Township Thirteen (13)
South, Range Three (3) West of the 6"' P.M., Saline County, Kansas, more
particularly described s follows: Commencing at the Southeast corner of the
said NE `/4; thence West along the South line of said NE '/4 a distance of 700.93
feet to the point of beginning; thence continuing west along said South line a
distance of 620.55 feet; thence North parallel with the East line of said NE '/4 a
distance of 506.66 feet to a point on Interstate 70 right-of-way; thence
Northeasterly along said Interstate 70 right-of-way a distance of 728.83 feet;
thence South and parallel with said East line of NE '/4 a distance of 889.77 feet
to a point on said South line of the NE '/4 to the point of beginning. Said parcel
of land contains 433,172 square feet, more or less.
Tract # 2 (Parcel # 985413): A parcel of land located in the Northeast Quarter
(NE '/4) of the Southeast Quarter (SE '/4) of Section Thirty -Six (36), Township
Thirteen (13) South, Range Three (3) West of the 6ffi P.M., Saline County,
Kansas, more particularly described as follows: Commencing at the Northeast
corner of said SE '/4; thence West along the North line of said SE '/4 a distance
of 700.93 feet to the point of beginning; thence continuing West along said
North line a distance of 606.57 feet; thence South parallel with the East line of
said SE '/4 a distance of 1325.00 feet; thence East a distance of 616.57 feet;
thence North parallel with said East line of said SE '/4 a distance of 1318.76
feet to the point of beginning. Said parcel of land contains 808,422 square feet,
more or less.
cansoi,d,t,d ,,
Tract # 3 (Parcel # 987213): A parcel of land located in the Southeast Quarter
(SE '/4) of the Southeast Quarter (SE '/4) of Section Thirty -Six (36), Township
Thirteen (13) South, Range Three (3) West of the 6th P.M., Saline County,
Kansas, more particularly described as follows: Commencing at the Northeast
corner of said SE '/4 of the SE '/4; thence West along the North line of said SE
'/4 a distance of 700.93 feet to the point of beginning; thence South parallel
with the East line of said SE '/4 a distance of 370.00 feet; thence in a
Northwesterly direction to a point on the West line of said SE '/4 of the SE '/4,
said point being 330.00 feet South of the Northwest corner of said SE '/4;
thence North along said West line of said SE '/4 of the SE '/4 a distance of
330.00 feet; thence East along the North line of said SE '/4 of the SE '/4 a
distance of 616.57 feet to the point of beginning. Said parcel of land contains
215,800 square feet, more or less.
Tract # 13 (Parcel # 18880): A parcel of land located in the Southwest Quarter
(SW '/4) of Section Thirty-one (31), Township Thirteen (13) South, Range Two
(2) West of the 6th P.M., Saline County. Kansas, more particularly described as
follows: Beginning at the Northwest corner of said SW '/4 ; thence South along
the West line of said SW '/4 a distance of 1772.92 feet; thence East parallel with
the North line of said SW '/4a distance of 700.93 feet to the point of beginning;
thence North and parallel with the West line of said SW '/4 a distance of
1772.92 feet to a point on said North line; thence East along said North line of
said SW '/4 a distance of 700.93 feet; thence South parallel with the West line
of said SW '/4 a distance of 1327.08 feet; thence in a Southwesterly direction a
distance of 831.05 feet, to the point of beginning. Said described parcel of land
contains 1,086,442 square feet, more or less.
Tract # 14 (Parcel # 354): A parcel of land located in the Northwest Quarter
(NW '/4) of Section Thirty-one (31), Township Thirteen (13) South, Range Two
(2) West of the 6th P.M., Saline County, Kansas, more particularly described as
follows: Commencing at the Southwest corner of said Northwest Quarter (NW
'/4); thence East along the South line of said NW `/4 a distance of 747.50' to the
point of beginning; thence North parallel with the West line of said NW '/4 a
distance of 60.00 feet; thence East parallel with the South line of said NW '/4 a
distance of 160.00 feet; thence North parallel with said West line of said NW '/4
a distance of 520.00 feet; thence West parallel with said South line of said NW
'/4 a distance of 160.00 feet; thence North parallel with said West line a distance
of 1212.94 feet to a point on Interstate 70 right-of-way; thence in a
Northeasterly direction along said Interstate 70 right-of-way a distance of
823.43 feet; thence South parallel with said West line of the NW '/4 a distance of
2224.58 feet to a point on the South line of said NW '/4; thence West along said
South line of said NW '/4 a distance of 700.93 feet to the point of beginning.
Said described parcel contains 1,324,800 square feet, more or less.
Section 4. Tract # 15 (Parcel #9846A) in the immediate area of the foregoing improvement shall not
be included in the improvement district in that this tract is already fully and adequately served by the City of
Salina water and sanitary sewer system. This tract is currently connected to the City sanitary sewer system
by means of a private four (4) inch sanitary sewer service line extending approximately one and seventy-five
hundredths (1.75) miles south along North Ohio Street to a City sewer main. This tract will continue to be
served by the private sanitary sewer line to the City system.
This tract is also currently connected and served by the City water system by means of a private ten
(10) inch water service line extending approximately one and seventy-five hundredths (1.75) miles south
along North Ohio Street to a City water main. This private water service line connected to the City water
system provides the required drinking and domestic water supply, as well as water volumes and pressures
adequate for fire protection proposes. The private water service line serving this tract contains the required,
city -approved fire hydrants properly located to serve development on the tract. This tract will continue to be
served by the private water line connected to the City system.
Therefore, the Governing Body finds that Tract # 15 (Parcel #9846A) is properly excluded from the
improvement district in that its current connection to and service by the City of Salina water and sanitary
sewer system provides full system benefit, and this tract is not benefited by the proposed improvement. This
tract is not similarly situated to the other tracts included in the improvement district, including those tracts
with domestic water service currently provided through the rural water district, but without adequate water
supply, pressure and a fire hydrant system for fire protection purposes.
U,, d,l,d ling
Section 5. The method of assessment shall be as follows:
The method of assessment is according to area on a square footage basis.
Sixty-seven percent (67%) of the total cost assessed to the improvement district
shall be assessed against parcels identified as Benefit District "A", and thirty-
three percent (33%) of the total cost assessed to the improvement district shall
assessed against parcels identified as Benefit District `B".
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 ninety percent (90%) of the
total cost of the improvements.
(b.) The city -at -large shall pay ten percent (10%) of the total cost of the
improvement the improvements.
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 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 $544,552.10, 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 5"' day of November,
2001.
(SEAL)
A.
Barb a R. Weber, Deputy City Clerk
stin M. eaton, yor