21-7957 Advisability and Authorization for Markley Sidwalk RecordedI lllll ll l ll ll ll ll l Ill II I Il l ll lll llll l 1111 1111111 111 111 11 111 11111 1111 11111111111 111 11 1
•.. ----~.. REBECCA SEEMAN '~~~ .... :.~~-~'.>REGISTER OF DEEDS SALINE COUNTY KANSAS 1:(:-:.;:'.~/)Boc:>k:1395 Page: 112~-1127
\,;~ .. -,·~;/Receipt #: 135577 f\ _ 1 Recording Fee: $0.00
"'"''"-Pages Recorded: 3 \.._,(\}
Date Recorded: 6/16/2021 11:04:15 AM
Resolution No. 21-7957
City of Salina, Kansas
June 14, 2021
I hereby certify that the above and foregoing is a true
and correct copy of Resolution No . 21-7957 that was
adopted by the Governing Body of the City of Salina
at their regular mee · u e 14 , 2021.
n
I!
Ir
It
"' .,,
z
CL w
, '
. ' (Published in the Salina Journal on ::1,40 ;L&
RESOLUTION NUMBER 21-7957
Boole 1395 Page: 1126
, 2021)
A RESOLUTION SETTING FORTH FINDINGS AND DETERMJNA TJONS OF THE GOVERNING
BODY OF THE CITY OF SALINA, KANSAS ON THE ADVISABILITY OF AND AUTHORIZING
THE CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT TO K.S.A. 12-6a01 et seq .
WHEREAS, a petition was filed with the City Clerk for the City of Salina, Kansas (the "City") on
June 1!l_, 2021, proposing certain improvements pursuant to K .S .A . 12-6a01 et seq . (the "Petition"); and
WHEREAS, the Petition sets forth: (a) the general nature of the proposed improvements; (b) the
estimated or probable cost of the proposed improvements; (c) the extent of the proposed improvement district
to be assessed for the cost of the proposed improvements; (d) the proposed method of assessment; (e) the
proposed apportionment of the cost between the improvement district and the City at large; (f) a request that
such improvements be made without notice and hearing as required by KS.A. 12-6a04(a); and (g) the statement
that the Petition was submitted under subsection (c) of KS.A. 12-6a04 ; and
WHEREAS, the owners of record of 100% the property liable to be assessed under the Petition have
signed the Petition ; and
WHEREAS , no signatures have been withdrawn from the petition before the Governing Body began
consideration of the Petition; and
WHEREAS, K.S .A. 12-6a04 provides that the Governing Body may authorize and order public
improvements without notice and hearing after a sufficient petition has been filed; and
WHEREAS, the Governing Body has reviewed and considered the Preliminary Engineering Estimate
and Feasibility Report prepared by the City Engineer and agrees with the conclusions set forth therein .
NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF
SALINA, KANSAS, AS FOLLOWS:
Section 1. The Governing Body hereby finds that the Petition is sufficient, and further finds and
determines that it is nece ssary and advisable to make the following improvements:
(a) The nature of the improve ment s are as follow s:
The excavation, sidewalk ramps, pavement and grading for approximately
2,085 lineal feet of a ten foot wide concrete multi-modal trail along Markley
Road (the "Improvements").
(b) The estimated cost of the Improvements is:
One hundred sixty-five thousand five hundred sixty-eight dollars and ninety-five cents
($165,568.95).
... ·I
"' ':!
z
0..
llJ
•• ,E ,.
'fl
1'l t.l
;E
2 c
8
(c)
(d)
Boole 1395 Page: 1127
The boundaries of the improvement district to be assessed are:
Magnolia Hills Estates Addition No. 2
Block l, Lots l through 4, Block 2, Lots l through 4, Block 3, Lots I through 14,
Block 4, Lot 1, Block 5, Lots I through 9, Block 6, Lots 1 through 3, Block 7, Lots 1
through 9, Block 8, Lot I, all in Magnolia Hills Estates Addition No. 2 to the City of
Salina, Saline County, Kansas.
The apportionment of cost between the Improvement District and the city at large is:
16.l % of the cost of the Improvements shall be assessed to the Improvement District
and 83.9% of the cost of the Improvements shall be paid by the city at large.
( e) The method of assessment against property within the Improvement District shall be:
Each platted lot in the Improvement District shall be assessed equally per lot for costs
of the Improvements to be assessed to the Improvement District.
Section 2. The Governing Body hereby declares that the Improvements described in this
Resolution are necessary, and authorizes them to be made in accordance with the Petition and the findings set
forth in this Resolution, and further authorizes the levying of assessments and the issuance of bonds therefor
(upon the satisfaction of certain conditions set forth in the Development Agreement described in Section 5 of this
Resolution), all in accordance with K.S.A. 12-6a01 et seq. and specifically K.S.A. 12-6a04(c).
Section 3. The City expects to make capital expenditures from and after the date of this Resolution
in connection with the Improvements described herein, and intends to reimburse itself for such expenditures with
the proceeds of one or more series of general obligation bonds and temporary notes of the City in the maximum
principal amount of $165,568.95.
Section 4. That certain Improvement District Development Agreement by and between the City
and Magnolia Hills, Inc. is hereby approved in substantially the fonn presented to the governing body on this
date. The Mayor is authorized to execute the Development Agreement on behalf of the City, and the Mayor,
Clerk and other City staff are authorized to take such further actions as necessary to carry out the transactions
contemplated thereby.
Section 5. The City Clerk shall file a certified copy of this Resolution with the Register of Deeds
of Saline County, Kansas .
Section 6.
city newspaper.
!his Resolution shall take effect after its passage and publication once in the official
ADOPTED AND PASSED this 14th day of June, 2021
2