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98-5278 Advis Auth Mariposa(Published in the Salina Journal iy%a aX 1998) RESOLUTION NUMBER 98-5278 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 CURBING, GUTTERING, PAVING, GRADING, STORM DRAINAGE, SANITARY SEWER AND WATER MAIN IMPROVEMENTS IN MARIPOSA ADDITION TO 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 4th day of May, 1998, under and pursuant to K.S.A. 12-6a01 et seg. to make certain curbing, guttering, paving, grading, storm drainage, sanitary sewer and water main improvements in Mariposa Addition. 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 curbing, guttering, paving, grading, storm drainage, sanitary sewer and water main improvements in Mariposa Addition of 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: MARIPOSA ADDITION Curbing, guttering, paving, grading and drainage of Mariposa Drive from Marymount Road to the east line of Columbine Circle to serve Lots 4 through 14, Block 3; Lots 7 through 12, Block 4; and Lot 1, Block 6; Curbing, guttering, paving, grading and drainage of Columbine Circle from the north line of Mariposa Drive to the north line of Lot 4, Block 3 to serve Lots 4 through 14, Block 3; and Lots 7 through 12, Block 4; Curbing, guttering, paving, grading and drainage of Columbine Terrace including both cul-de-sacs east and west of Columbine Circle to serve Lots 4 through 14, Block 3; and Lots 7 through 12, Block 4; The installation of a sanitary sewer main to serve Lots 4 through 14, Block 3; Lots 7 through 12, Block 4; Lot 1, Block 5; Lot 1, Block 6; and Unplatted Tract "A"; and The installation of a water main system to serve Lots 4 through 14, Block 3; Lots 7 through 12, Block 4; Lot 1, Block 5; Lot 1, Block 6; and Unplatted Tract "A", all in Mariposa Addition to the City of Salina, Kansas. Section 2. That the estimated and probable cost of such improvement is $692,010.00. 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: Lots 4 through 14, Block 3; Lots 7 through 12, Block 4; Lot 1, Block 5; Lot 1, Block 6; and Unplatted Tract "A", a tract of land located in the SW 1/4 of Section 20, Township 14 South, Range 2 West of the Sixth Principal Meridian, in Salina County Kansas, more particularly described as follows: Commencing at the southwest corner of said Section 20; thence N 89°49'41" E along the south line of said Section 20, a distance of 370.04 feet to the southeast corner of Lot 1, Block 6, Mariposa Addition and the Point of Beginning; thence continuing N 8949'41" E along the south line of said Section 20, a distance of 2,248.55 feet to the southwest corner of Lot 1, Block 7, Mariposa Addition; thence N 00°3638" E along the west line of said Lot 1, Block 7, a distance of 694.23 feet; thence S 80°04' W a distance of 561.45 feet; thence N 5845' W a distance of 141.00 feet; thence N 2915' W a distance of 268.00 feet; thence N 58°32' E a distance of 954.65 feet; thence N 70°59'45" W a distance of 389.95 feet; thence N 8938' W a distance of 95.58 feet; thence N CIIIdItId U. a 78°50' W a distance of 182.20 feet; thence N 3117' W a distance of 618.75 feet; thence S 33°11' W a distance of 487.95 feet; thence S 74°22' W a distance of 151.39 feet to the northeast corner of Lot 1, Block 5, Mariposa Addition; thence S 00°38'43" W along the east line of Lot 1, Block 5, a distance of 920.88 feet to a point on the south line of Mariposa Drive; thence N 89'21'17" W a distance of 161.76 feet; thence along a curve to the right having a radius of 830.00 feet, an arc distance of 335.81 feet, said curve having a long chord of 333.52 feet and a bearing of N 77°45151" W; thence N 6610'23" W a distance of 185.75 feet; thence along a curve to the left having a radius of 370.00 feet, an arc distance of 149.70 feet, said curve having a long chord of 148.68 feet and a bearing of N 77°45'51" W; thence N 89'21'17' W a distance of 64.96 feet to the northeast corner of Lot 1, Block 6, Mariposa Addition; thence S 00°38143" W along the east line of Lot 1, Block 6, a distance of 910.91 feet back to the Point of Beginning and containing 2,610,275 square feet, or 59.92 acres, more or less, all in Mariposa Addition to the City of Salina, Kansas. Section 4. The method of assessment shall be that 100% of the total cost assessed against the property shall be based on equal assessments for each equivalent residential lot for street and drainage, water and sanitary sewer 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: a. Approximately 96.5% of the total cost of street and drainage improvements, including grading, pavement, curbs and gutters, storm pipelines, storm inlets and any incidentals thereto to complete the street and drainage improvements. b. Approximately 85.6% of the total cost of water mains, fittings, hydrants, water services, valves, and any incidentals thereto to complete the water system. C. Approximately 85.6% of the total cost of sanitary sewer pipeline, manholes, service connections and any incidentals thereto to complete the sanitary sewer collection system. 2. There costs assessed against the city -at -large shall be: a. Approximately 3.5% of the total cost of street and drainage improvements, particularly for the over sizing of Mariposa Drive from a 33 -foot wide residential street to a 41 -foot wide collector street. b. Approximately 14.4% of the total cost of water system, including the over sizing of the water mains from 6" to 8" at an estimated total cost of $8,356 and benefitting cost to property currently unplatted and outside the city limits. This property, referred to as "Meadow Muffin Farm", shall repay this cost to the City of Salina as a tapping fee when it is platted and annexed. C. Approximately 13.8% of the total cost of sanitary sewer system, including the benefitting cost to property currently unplatted and outside the city limits. This property, referred to as "Meadow Muffin Farm", shall repay this cost to the City of Salina as a tapping fee when it is platted and annexed. Section 6. That the advisability of the improvements set forth above is hereby established as authorized by K.S.A. 12-6a01 et seq. Section 7. 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 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. ConwId MS.hl Section 9. 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 10. 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 11. 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 12. 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 $692,010.00, the anticipated cost of such improvements. Section 13. This resolution shall take effect after its passage and publication once in the official city newspaper. Adopted and passed this 18th day of May, 1998. {SEAL} Peter F. Brungardt, Mayor ATTEST: ara R. Weber, Deputy City Clerk