23-11152 River Trail Special AssessmentsII
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ORDINANCE NO. 23-11152
A HOME RULE ORDINANCE OF THE CITY OF SALINA, KANSAS,
AUTHORIZING THE REASSESSMENT OF CERTAIN SPECIAL ASSESSMENTS
FOR IMPROVEMENTS LOCATED IN THE CITY, AND AMENDING AND
SUPPLEMENTING ORDINANCE NO. 18-10932 OF THE CITY .
WHEREAS, the governing body of the City of Salina, Kansas (the "City"), pursuant to K.S .A. 12-
6a01 et seq. (the "Act"), has heretofore passed Resolution No. 16-7365 which authorized the construction of
street, drainage, water system and sanitary sewer improvements (collectively the "Improvements") benefitting
Lots 5 -26 , Block One and Lots 2 -20, Block two, all in the River Trail 2nd Addition to the City of Salina,
Saline County, Kansas (the "District"); and
WHEREAS, Ordinance No. 18-10932, passed by the City on April 23 , 2018, and published on April
30, 2018 (the "Assessment Ordinance"), levied special assessments payable in 15 annual installments on the
property included within the District to pay the costs of the Improvements and certain other internal
improvements; and
WHEREAS, the City issued its General Obligation Internal Improvement Bonds, Series 2018-A (the
"Bonds"), in order to permanently finance the costs of the Improvement; and
WHEREAS, the City Clerk certified the assessment roll to the Clerk of Saline County, Kansas,
however, following parcel splits on Lots 23 -26 , Block 1 within the District (collectively the "Lots"), the
assessments were not correctly applied to such split parcels in certain years; and
WHEREAS, the City desires to provide for the reassessment of the assessments attributable to the Lots
to reflect the correct assessment to each affected parcel as set forth on Exhibit A hereto; and
WHEREAS, K.S.A. 12-6a12 authorizes the City to supplement special assessments to correct
omissions, errors or mistakes in the assessment relating to the total cost of the improvement, and to make a
reassessment or new assessment when an assessment has been set aside by a court of competent jurisdiction
or in the event the governing body finds that the assessment or any part thereof is excessive or determines on
advice of counsel in writing that it is or may be invalid for any reason; and
WHEREAS, the provisions ofK.S.A. 12-6a12 do not expressly authorize the City to reassess a special
assessment that has been inadvertently allocated following a division of the real property upon which
assessment was levied; and
WHEREAS, Article 12, § 5 of the Constitution of the State of Kansas (the "Home Rule Amendment")
empowers cities to determine their local affairs and government and provides that such power and authority
granted thereby to cities shall be liberally construed for the purpose of giving to cities the largest measure of
self-government; and
WHEREAS, the City is a city within the meaning of the Home Rule Amendment; and
WHEREAS, there is no enactment of the Kansas legislature which prohibits a city from reassessing a
special assessment that has been mistakenly omitted from tax rolls; and
WHEREAS, the governing body of the City hereby further finds and determines that it is necessary
600596.20245\HOME RULE ORDINANCE -ASSESSMENT CORRECTION RIVER TRAILS ASSESSMENTS
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and advisable to authorize by home rule ordinance the reassessment of the special assessments attributable to
the Lots for the costs of the Improvements, and to amend and supplement the Assessment Ordinance to reflect
such reassessment.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
SALINA, KANSAS:
SECTION 1. Amendment. The governing body of the City hereby finds and determines that, for
the purpose of correcting and reassessing the special assessment for the Improvements originally levied by the
Assessment Ordinance against the Lots, it is necessary and advisable to amend Section 4 of the Assessment
Ordinance to read as follows:
Section 4. Certification. Any amount of special assessments not paid within the time
prescribed in Section 2 hereof shall be certified by the City Clerk to the Clerk of Saline County,
Kansas, in the same manner and at the same time as other taxes are certified and will be collected in
15 annual installments, together with interest on such amounts at a rate not exceeding the maximum
rate therefor as prescribed by the Act; provided the amounts so levied and assessed against Lots 23 -
26, Block 1, in River Trail 2nd Addition to the City of Salina, Saline County, Kansas (the "Lots'')
shall be as set forth on Exhibit A hereto. Interest on the assessed amount remaining unpaid between
the date the first installment is payable, but not Jess than the amount of interest due during the
coming year on any outstanding bonds issued to finance the Improvements, shall be added to the first
installment. The interest for one year on all unpaid installments shall be added to each subsequent
installment until paid.
SECTION 2. Repealer; Ratification. Section 4 of the Assessment Ordinance is hereby repealed;
and the rest and remainder thereof, including the exhibits thereto, are hereby ratified and confirmed.
SECTION 3. Effective Date. This Home Rule Ordinance shall be effective from and after final
passage by the governing body, signature by the Mayor and publication once in the official City newspaper.
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600596.20245\HOME RULE ORDINANCE -ASSESSMENT CORRECTION RIVER TRAILS ASSESSMENTS
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PASSED by the governing body of the City of Salina, Kansas, on May 22, 2023 and APPROVED
AND SIGNED by the Mayor.
(SEAL)
ATTEST:
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600596 .20245\HOME RULE ORDINANCE -ASSESSMENT CORRECTION RIVER TRAILS ASSESSMENTS
,.. EXHIBIT A
... Lot 23, Block 1
"' Assessment Year Payment Installment Amount "'
z 2018 1 $1,445.03
0.. 2019 2 1,612.85 w
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"' c: Parcel# Payment Installment Assessment Year Amount 0
(.)
29002 3 2020 $764.86
4 2021 764.86
5 2022 764.86
6 2023 764.86
7 2024 764.86
8 2025 764.86
9 2026 764.86
10 2027 764.86
11 2028 764.86
12 2029 764.86
13 2030 764.86
14 2031 764.86
r 15 2032 764.86
111111 Parcel# Payment Installment Assessment Year Amount
32147 3 2020 806.43
---
---
4 2023 $851.45
5 2024 851.45
6 2025 851.45
7 2026 851.45
8 2027 851.45
9 2028 851.45
10 2029 851.45
11 2030 851.45
12 2031 851.45
13 2032 851.45
14 2033 851.45
15 2034 851.45
........
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600596 .20245\HOME RULE ORDINANCE -ASS ESSMENT CORRECTION RIVER TRAILS ASSESSMENTS
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Lot 24, Block 1
(Parcel Split Recorded 06/19/2018)
Parcel# Payment Installment Assessment Year
29003 1 2018
2 2019
3 2020
4 2021
5 2022
6 2023
7 2024
8 2025
9 2026
10 2027
11 2028
12 2029
13 2030
14 2031
15 2032
Parcel# Payment Installment Assessment Year
31963 1 2018
2 2020
3 2021
4 2022
5 2023
6 2024
7 2025
8 2026
9 2027
10 2028
11 2029
12 2030
13 2031
14 2032
15 2033
600596.20245\HOME RULE ORDINANCE -ASSESSMENT CORRECT ION RIVER TRAILS ASSESSMENTS
2
Amount
$727.51
793.50
793.50
793.50
793.50
793.50
793.50
793.50
793.50
793.50
793.50
793.50
793.50
793.50
793.50
Amount
$727.51
819.35
819.35
819.35
819.35
819.35
819.35
819.35
819.35
819.35
819.35
819.35
819.35
819.35
819.35
,.. Lot 25, Block 1
Ill I Year I Payment Installment I Amount I
I 2018 I 1 I $1,445.03 I
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z (Parcel Split Recorded 05/28/2019)
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"' .00 Parcel# Payment Installment Assessment Year Amount c;;
~ 29004 2 2019 $824.51 jl
"' "!l 3 2020 824.51 g
c: 4 2021 824.51 0
(.)
5 2022 824.51
6 2023 824.51
7 2024 824.51
8 2025 824.51
9 2026 824.51
10 2027 824.51
11 2028 824.51
12 2029 824.51
13 2030 824.51
14 2031 824.51
15 2032 824.51
F"' Parcel# Payment Installment Assessment Year Amount
32017 2 2019 $788.34
Ill ---
3 2021 788.34
4 2022 788.34
5 2023 788.34
6 2024 788.34
7 2025 788.34
8 2026 788.34
9 2027 788.34
10 2028 788.34
11 2029 788.34
12 2030 788.34
13 2031 788.34
14 2032 788.34
15 2033 788.34
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600596.20245\HOME RULE ORDINANCE -ASSESSMENT CORRECTION RIVER TRAILS ASSESSMENTS
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Lot 26, Block 1
Assessment Year Payment Installment Amount
2018 1 $1,445.03
2019 2 1612.85
(Parcel Split Recorded 0113112020)
Parcel# Payment Installment Assessment Year
29005 3 2020
4 2021
5 2022
6 2023
7 2024
8 2025
9 2026
10 2027
11 2028
12 2029
13 2030
14 2031
15 2032
Parcel# Payment Installment Assessment Year
32100 3 2020
4 2023
5 2024
6 2025
7 2026
8 2027
9 2028
10 2029
11 2030
12 2031
13 2032
14 2033
15 2034
600596.20245\HOME RULE ORD INANCE -ASSESSMENT CORRECT ION RIVER TRAILS ASSESSMENTS
4
Amount
$797.22
797.22
797.22
797.22
797.22
797.22
797.22
797.22
797.22
797.22
797.22
797.22
797.22
Amount
$815.63
815.63
815.63
815.63
815.63
815.63
815.63
815.63
815.63
815.63
815.63
815.63
815.63
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SUMMARY OF ORDINANCE NO. 23-11152
On May 22, 2023, the governing body of the City of Salina, Kansas, passed an ordinance entitled:
A HOME RULE ORDINANCE OF THE CITY OF SALINA, KANSAS,
AUTHORIZING THE REASSESSMENT OF CERTAIN SPECIAL ASSESSMENTS
FOR IMPROVEMENTS LOCATED IN THE CITY, AND AMENDING AND
SUPPLEMENTING ORDINANCE NO. 18-10932 OF THE CITY.
The Ordinance provides for a reassessment of special assessments on Lots 23 -26, Block 1 to the
River Trail property in the River Trail 2°ct Addition to the City of Salina due to parcel splits occurring in such
Jots. A complete text of the Ordinance may be obtained or viewed free of charge at the office of the City
Clerk, 300 W. Ash Street, Room 107, Salina, Kansas. A reproduction of the Ordinance is available for not
Jess than 7 days following the publication date of this Summary at www .Salinausa.com.
This Summary is hereby certified to be legally accurate and sufficient pursuant to the laws of the
State of Kansas.
DATED: May 22, 2023 .
600596.20245\HOME RULE ORDINANCE -ASSESSMENT CORRECTION RIVER TRAILS ASSESSMENTS