94-4782 Auth Twin Oak Jerry Ive(Published in The Salina Journal August /. 3, 1994 )
RESOLUTION NUMBER 94-4782
A RESOLUTION AUTHORIZING AND ORDERING CERTAIN CURBING,
GUTTERING, PAVING, GRADING, LATERAL SANITARY SEWER, AND WATER
MAIN AND SERVICE IMPROVEMENTS IN TWIN OAKS SUBDIVISION; TWIN OAKS
II SUBDIVISION; TWIN OAKS III SUBDIVISION; AND, JERRY IVEY PARK;
ORDERING PREPARATION OF PLANS AND SPECIFICATIONS AND THE ESTIMATE
OF COSTS; AUTHORIZING THE TEMPORARY FINANCING OF SUCH
IMPROVEMENTS BY THE ISSUANCE OF TEMPORARY NOTES; AND STATING
THAT THE CITY INTENDS TO REIMBURSE ITSELF FOR CAPITAL
EXPENDITURES INCURRED IN CONNECTION WITH THE IMPROVEMENTS.
WHEREAS, a petition was filed with the City Clerk on the 1st day of
August, 1994 proposing certain curbing, guttering, paving, grading, lateral
sanitary sewer and water main and service improvements in Twin Oaks
Subdivision; Twin Oaks II Subdivision; Twin Oaks III Subdivision; and, Jerry
Ivey Park; and
WHEREAS, the Board of Commissioners of the City of Salina, Kansas,
did on the 1st day of August, 1994, find such petition to be sufficient; and
WHEREAS, the Board of Commissioners of the City of Salina, Kansas,
did on the 1st day of August 1994, duly adopt a resolution finding it advisable to
make the aforementioned improvements under the provisions of Chapter 12,
Article 6a of the Kansas Statutes Annotated; SO NOW, THEREFORE
BE IT RESOLVED by the Governing Body of the City of Salina, Kansas:
Section 1. That subject to the provisions of Resolution Number 89-4066
establishing a development policy for the financing of public improvements within
the City of Salina, the following improvements are hereby authorized to be made
in accordance with the findings of the Board of Commissioners:
TWIN OAKS SUBDIVISION, TWIN OAKS II SUBDIVISION,
TWIN OAKS III SUBDIVISION AND JERRY IVEY PARK
Curbing, guttering, paving and grading of CAROLINA DRIVE
from Burr Oak Lane to Edward Street to serve Lots 7, 8 and 9,
Block 9, Twin Oaks Subdivision; Lots 23 through 33, Block 2
and Lots 4, 5 and 6, Block 4, and Lots 1 through 4, 9 through
12, Block 7, Twin Oaks II Subdivision; Lots 3 and 10, Block 4
and Lots 18 through 22, Block 5, Twin Oaks III Subdivision;
Jerry Ivey Park.
Curbing, guttering, paving and grading of OAK LANE from
Carolina Drive to Tara Lane to serve Lots 5 through 8, Block 4
and Lots 1 through 4, Block 7, Twin Oaks II Subdivision.
Curbing, guttering, paving and grading of TARA LANE from
Oak Lane to Twin Oaks Drive to serve Lots 7, 8 and 9, Block 4
and Lots 1, 2 and 3, Block 5, Twin Oaks II Subdivision; Lot 10,
Block 4 and Lots 4, 5 and 6, Block 5, Twin Oaks III
Subdivision.
Curbing, guttering, paving and grading of TWIN OAKS DRIVE
from Carolina Drive to Tara Lane to serve Lots 4 and 9, Block
4, Twin Oaks II Subdivision; Lots 3 and 10, Block 4 and Lots 18
through 22, Block 5, Twin Oaks III Subdivision.
Installation of a sanitary sewer main to serve Lots 25 through
33, Block 2 and Lots 4 through 9, Block 4 and Lots 1, 2 and 3,
Block 5, Twin Oaks II Subdivision; Lots 3 and 10, Block 4 and
Lots 4, 18 through 22, Block 5, Twin Oaks III Subdivision.
Installation of a water main and service to serve Lots 23
through 33, Block 2 and Lots 4 through 9, Block 4 and Lots 1,
2 and 3, Block 5 and Lots 1 through 4, Block 7, Twin Oaks II
Subdivision; Lots 3 and 10, Block 4 and Lots 4, 18 through 22,
Block 5, Twin Oaks III Subdivision.
All in the City of Salina, Saline County, Kansas.
Section 2. The extent or boundaries of the proposed improvement
district to be assessed is:
Lots 7, 8 and 9, Block 9
All in Twin Oaks Subdivision to the City of Salina, Saline
County, Kansas.
Lots 23 through 33, Block 2
Lots 4 through 9, Block 4
Lots 1, 2 and 3, Block 5
Lots 1 through 4 and 9 through 12, Block 7
All in Twin Oaks II Subdivision to the City of Salina, Saline
County, Kansas.
Lots 3 and 10, Block 4
Lots 4, 5 and 6 and 18 through 22, Block 5
All in Twin Oaks III Subdivision to the City of Salina, Saline
County, Kansas.
Jerry Ivey Park in the City of Salina, Saline County, Kansas.
Section 3. The estimated or probable cost of such improvements is
$338,153.00.
Section 4. The apportionment of cost between the improvement district
and the city -at -large is as follows:
1. The costs chargeable to private property in the amount of
$334,559.03.
2. The costs chargeable to the City -at -large in the amount of
$3,593.97.
Section 5. 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 6. The method of assessment shall be that 100% of the total cost
assessed against the property shall be based upon an equal assessment for each
lot of land for street and drainage, water and sanitary sewer assessments and
without regard to the buildings or improvements of the land.
Section 7. 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 8. That for the purpose of providing funds to pay the cost of
such improvements until bonds can be issued therefor, 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 9. 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 therefor 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 10. 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 $338,153.00, the anticipated cost of such improvements.
The Board of Commissioners has determined that the funds to be advanced to pay
Expenaitures are or win oe avaiiaoie only ror a temporary perioa ana it is
necessary to reimburse the City with the proceeds of a borrowing for
Expenditures made on and after the date hereof. As of the date hereof, there are
no funds from sources other than said bonds or temporary notes that are, or are
reasonably expected to be, reserved, allocated on a long-term basis, or otherwise
set aside by the City to pay the Expenditures. This Resolution constitutes a
declaration of official intent under Treasury Regulation Section 1.103-18 issued
under the Internal Revenue Code of 1986, as amended, and the adoption of this
Resolution is consistent with the budgetary and financial circumstances of the
City.
Section 11. That this Resolution shall be effective upon publication.
Adopted by the Board of Commissioners and signed by the Mayor this
8th day of August, 1994.
ose A. Warner, Mayor
[SEAL]
ATTEST:
Ju�W-L ng, City Crk