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94-4725 Auth Tulane(Published in The Salina Journal April 8 , 1994) RESOLUTION NUMBER 94-4725 A RESOLUTION AUTHORIZING AND ORDERING CERTAIN CURBING, GUTTERING, PAVING, GRADING AND WATER MAIN AND SERVICE IMPROVEMENTS IN TULANE COURT ADDITION; 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. i WHEREAS, a petition was filed with the City Clerk on the 11th day of March, 1994 proposing certain curbing, guttering, paving, grading and water main and service improvements in Tulane Court Addition; and i WHEREAS, the Board of Commissioners of the City of Salina, Kansas, did on the 28th day of March, 1994, find such petition to be sufficient; and I WHEREAS, the Board of Commissioners of the City of Salina, Kansas, did on the 28th day of March 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 j 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: TULANE COURT ADDITION Curbing, guttering, paving and grading of TULANE AVENUE from the north line of Lot 1, Block 1, to the south line of Lot 1, Block 2 to serve Lots 1 through 7, Block 1 and Lots 1 and 2, Block 2. The installation of a water main and service to serve Lots 1 through 7, Block 1; and Lots 1 and 2, Block 2. All in Tulane Court Addition to the City of Salina, Saline County, Kansas. Section 2. The extent or boundaries of the proposed improvement district to be assessed is: Lots 1 through 7, Block 1; Lots 1 and 2, Block 2; All in Tulane Court Addition to the City of Salina, Saline County, Kansas. Section 3. The estimated or probable cost of such improvements is - P P $41,088.00. Section 4. The apportionment of cost between the improvement j district and the city -at -large is as follows: 1. The costs chargeable to private property in the amount of $41,088.00. 2. No costs chargeable to the City -at -large. Section 5. The assessment with accrued interest shall be levied as I � 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 on an equal share per lot 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 $41,088.00, the anticipated cost of such improvements. The Board of Commissioners has determined that the funds to be advanced to pay Expenditures are or will be available only for a temporary period and 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 4th day of April, 1994. [SEAL] ATTEST: Jud D. ng ity Cle Peter F. Brungardt, Mayor