94-4726 Auth Austin(Published in The Salina Journal April 0 1994)
RESOLUTION NUMBER 94-4726
A RESOLUTION AUTHORIZING AND ORDERING CERTAIN CURBING,
GUTTERING, PAVING, GRADING AND STORM WATER DRAINAGE
IMPROVEMENTS IN AUSTIN SUBDIVISION; 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 15th day
of March, 1994 proposing certain curbing, guttering, paving, grading and
storm water drainage improvements in Austin Subdivision; and
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
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
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:
- AUSTIN SUBDIVISION
Curbing, guttering, paving and grading of AUSTIN
CIRCLE from the south line of Lot 1, Block 4, Austin
Subdivision to Cloud Street to serve Lots 2, 4, 6, 8, 10,
12, 14 and 16, Block 2; Lots 1 through 8, Block 3.
Curbing, guttering, paving and grading of CLAFLIN
AVENUE from Austin Circle to the east line of Lot 1,
Block 4 to serve Lots 1 through 8, Block 3; Lots 1 through
5, 7 and 8, Block 4.
The installation of a storm drainage system to serve Lots
2, 4, 6, 8, 10, 12, 14 and 16, Block 2; Lots 1 through 8,
Block 3; Lots 1 through 5, 7 through 18, Block 4; Lots 1
through 12, Block 5.
All in Austin Subdivision to the City of Salina, Saline
County, Kansas.
Section 2. The extent or boundaries of the proposed improvement
district to be assessed is:
Lots 2, 4, 6, 8, 10, 12, 14 and 16, Block 2;
Lots 1 through 8, Block 3;
Lots 1 through 5, 7 through 18, Block 4;
Lots 1 through 12, Block 5;
All in Austin Subdivision to the City of Salina, Saline
County, Kansas.
Section 3. The estimated or probable cost of such improvements is
$104,487.00.
l
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
$104,487.00.
2. No costs chargeable to the City -at -large.
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 on the adjusted front
footage of each lot for street improvements and an equal share per lot for
drainage improvements 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 $104,487.00, 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 r
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.
Peter F. Brungardt, Mayor
[SEAL]
ATTEST:
D. ng
City Clerk I