23-11152 River Trail Special Assessments (recorded with Register of Deeds)I lll ll ll l ll ll ll lll Ill II I Il l ll lll lllll llll l llll ll lll l 11 111 11 111 11 111 11 1111111111 111 11 1
,..-----.. ,, REBECCA SEEMAN /~:::::'~;;.~~\REGISTER OF DEEDS SALINE COUNTY KANSAS
\:\ __ ;;;;.);}Book:1425 Page: 1111-1119
\:,~-~---,·~':;.,'Receipt#: 147218 _I.I Recording Fee: $0.00
""'~'"" Pages Recorded: 9 C N f'J
Date Recorded: 5/23/2023 11:25:35 AM
ORDINANCE
RECORDING FEES : $0.00
RETURN ADDRESS :
CITY CLERK
ROOM 206
-
Ill
"' U'l
~ w
.~
"I
<I,)
i ii :ll ~ r::
8
Boole 1425 Page: 1112
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. 12-6al2 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
ft""
...
~
z "-w ..
~
i
S!
~
8
-
Boole 1425 Page: 1113
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 2"" 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 less 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 confinned.
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.
[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]
600596.20245\HOME RULE ORDrNANCE ·ASSESSMENT CORRECTION RIVER TRAILS ASSESSMENTS
2
Book: 1425 Page: 1114
PASSED by the governing body of the City of Salina, K~ on May 22., 2023 and APPROVED
AND SIGNED by the Mayor.
(SEAL)
ATIEST:
[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]
I hereby certify that the above and foregoing is a true
and correct copy of Ordinance No. 23-11152 that was
adopted by the Governing Body of the City of Salina
attheirrea 023 .
600596 .20245\HOME RULE ORDINANCE· ASSESSMENT CORRECTION RIVER TRAILS ASSESSMENTS
~
~ z n. w
Book: 1425 Page: 1115
EXHIBIT A
Lot 23, Block 1
Assessment Year Payment Installment Amount
2018 1 $1,445.03
2019 2 1.612.85
(Parcel Split Recorded 06/2412020)
Parcel# Pavment Installment Assessment Year Amount
29002 3 2020 $764.86
4 2021 764.86
5 2022 764.86
6 1023 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
15 2032 764.86
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
600596 .20245\HOME RULE ORDINANCE· ASSESSMENT CORRECTION RIVER TRAILS ASSESSMENTS
. Boole 1425 Page: 1116 .
--
r Lot 24, Block 1 I
~ (Parcel Split Recorded 06/1912018)
~
z Parcel# Payment Installment Assessment Year Amount
Q. 29003 1 2018 $727.51 w
j 2 2019 793.50
3 2020 793.50
4 2021 793.50 i
8 5 2022 793.50
6 2023 793.150
7 1024 793.50
8 2025 793.50
9 '2026 793.50
10 2027 793.50
11 ' 2028 793.50
12 '2029 793.50
13 2030 793.50
14 2031 793.50
---
15 2032 793.50
Parcel# Payment Installment Assessment Year Amount
........ 31963 1 2018 $727.51
' ----.. 2 2020 819.35
3 2021 819.35
4 2022 819.35
5 2023 819.35
6 2024 819.35
7 2025 819.35
8 2026 819.35
9 2027 819.35
10 2028 819.35
11 2029 819.35
12 2030 819.35
13 2031 819.35
14 2032 819.35
15 2033 819.35
r
l
600596 .20245\HOME RULE ORDINANCE -ASSESSMENT CORRECTION RIVER TRAllS ASSESSMENTS
2
Boole 1425 Page: 1117
Lot 25, Block 1
I Year I Payment Installment I Amount
I 2018 I 1 I Sl.445.03
(Parcel Split Recorded 05/28/2019)
Parcel# Payment Installment Assessment Year
29004 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
32017 2 2019
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
6005%.20245\HOME RULE ORDrNANCE -ASSESSMENT CORRECTION RIVER TRAILS ASSESSMENTS
3
I
I
Amount
$824.51
824.51
824.51
824.51
824.51
824.51
824.51
824.51
824.51
824.51
824.51
824.51
824.51
824.51
Amount
$788.34
788.34
788.34
788.34
788.34
788.34
788.34
788.34
788.34
788.34
788.34
788.34
788.34
788.34
: • Boole 1425 Page: 1 118
Lot 26, Block 1
~
z Assessment Year Payment Installment Amount
"-2018 1 $1,445.03 LIJ
I 2019 2 1612.85
{Parcel Split Recorded 01/3112020) :ii
i ~
Parcel# Payment Installment Assessment Year Amount
29005 3 2020 $797.22
4 2021 797.22
5 2022 797.22
6 2023 797.22
7 2024 797.22
8 2025 797.22
9 2026 797.22
10 2027 797.22
11 2028 797.22
12 2029 797.22
13 2030 797.22
"""" 14 2031 797.22
,. 15 2032 797.22
•'< ..
Parcel# Payment Installment Assessment Year Amount
32100 3 2020 $815.63
------
4 2023 815.63
5 2024 815.63
6 2025 815.63
7 2026 815.63
8 2027 815.63
9 2028 815.63
10 2029 815.63
11 2030 815.63
12 2031 815.63
13 2032 815.63
14 2033 815.63
15 2034 815.63
~
h
k ..
600596 .20245\HOME RULE ORDINANCE · ASSESSMENT CORRECTION RIVER TRAILS ASS ES SMENTS
4
' ' Book: 1425 Page: 1119
SUMMARY OF ORDINANCE NO. 23-11152
On May 22, 2023, the governing body of the City of Salina, Kansas , passed an ord inance 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 N0.18-10932 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 2ru1 Addition to the City of Salina due to parcel splits occurring in such
lots. 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
less 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 -ASS ES SMENT CORRECTION RIVER TRAILS ASSESSMENTS
' \
!\\P '\~ "