98-5290 Advis Auth State St UtON NO._RESOLUTION NUMBER 98-5290
A RESOLUTION OF FINDING AS TO THE ADVISABILITY AND A
RESOLUTION AUTHORIZING CONSTRUCTION PURSUANT TO K.S.A. 12-6a01
et seg. OF AN IMPROVEMENT CONSISTING OF CERTAIN UTILITY
IMPROVEMENTS ON WEST STATE STREET IN 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 26th day
of May, 1998, under and pursuant to K.S.A. 12-6a01 et seq . to make certain
utility improvements on West State Street between the vacated Orange Street
and a point 300 feet east of the Southwest corner of Section 11, Township 14
South, Range 3 West.
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 utility improvements on West State Street between the vacated
Orange Street and a point 300 feet east of the Southwest corner of Section 11,
Township 14 South, Range 3 West in the City of Salina, Kansas, are hereby
made, to wit:
Section 1. That it is necessary and in the public interest to make
an improvement consisting of:
STATE STREET IMPROVEMENTS
Installation of a water main on State Street between the vacated
Orange Street and a point 300 feet east of the Southwest corner of
Section 11, Township 14 South, Range 3 West in the City of Salina,
Kansas.
Section 2. That the estimated and probable cost of such
improvement is $30,190.00.
Section 3. That the Governing Body hereby further finds and
finally determines that the boundaries of the improvement district against a
portion of the costs of said improvement shall be assessed are hereby
established and fixed as the following legal description:
Benefit District "A": Lots 12 through 21, Block 5; Lots 10 through 17,
Block 6, all in Elm Grove Addition to the City of Salina, Saline County,
Kansas; and
Benefit District "B": A tract located in the NW 1/4 of Section 14, T14S,
R3W: beginning at a point on the south right-of-way line of State Street
that is 527 feet west of the NW corner of Lot 1, Block 1, Leavenworth
Addition to the City of Salina, Saline County, Kansas; thence 512 feet
west along said south right-of-way line; thence south 602.5 feet; thence
east 512 feet to a point 527 feet west of the west line of Block 10, said
Leavenworth Addition; thence north 602.5 feet to the point of beginning.
Said unplatted tract contains 7.082 acres, more or less; and
Benefit District "C":
Tract No. 1: A tract located in the SW 1/4 of Section 11, T14S, R3W
described as follows: beginning at a point 75 feet north and 250 feet east
of the southwest corner of SW 1/4; thence northerly 220.7 feet; thence
east 102.7 feet; thence south 220 feet; thence west 120 feet to the point
of beginning.
Tract No. 2: A tract located in the SW 1/4 of Section 11,
described as follows: beginning at a point 466.25 feet east
north of the southwest corner of said SW 1/4; thence west 100
north 220 feet; thence west 102.02 feet; thence northeasterly
thence northwesterly 134.8 feet; thence northeasterly 268.1
south 714.9 feet to the point of beginning.
Tract No.
3: A tract located in the SW
1/4 of Section 11,
described
as follows: beginning at
a point
that is 470 feet
feet north
of the southwest corner
of said SW 1/4; thence
feet; thence northeasterly 140 feet;
thence
south 293.4 feet;
25.5 feet;
thence south 475 feet;
thence
west 160 feet to
beginning.
T14S, R3W
and 75 feet
feet; thence
289.89 feet;
feet; thence
T14S, R3W
east and 75
north 714.9
thence east
the point of
ConwlitlaieD M,,i
All in the city of Salina, Saline County, Kansas.
Section 4. The method of assessment shall be that 100% of the
total cost assessed against the property in Benefit District "A" shall be based
on front footage and Benefit Districts "B" and "C" shall be based on square
footage for each lot for utility improvements without regard to buildings or
improvements of the land.
Section 5. The proposed apportionment of cost between the
improvement district and the city -at -large is:
1. The costs assessed against the improvement district shall be 100%
of the total cost of 6" watermains, fittings, hydrants, valves,
and any incidentals thereto to complete the water system.
2. The costs assessed against the city -at -large shall be
approximately 18% of the watermain project cost for the over
sizing of the pipeline from 6" to 10" to enhance the City's
future water distribution system.
Section 6. That the advisability of the improvements set forth
above is hereby established as authorized by K.S.A. 12-6a01 et seg.
Section 7. Special assessments on lots in the improvement district
may be deferred for a period of time as determined by the Governing Body.
Section 8. Be it further resolved that the above described
improvement is 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 ten (10) equal annual
installments.
Section 10. 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 11. 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 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
him 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 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 $30,190.00, the anticipated cost of such
improvements.
Section 14. This resolution shall take effect after its passage and
publication once in the official city newspaper.
Adopted and passed this 15th day of June, 1998.
{SEAL}
ATTEST: Peter F. Brungardt, Mayor
�J�uD ng, CMC , ity Clerk