94-4727 Auth Country Oak Rplt(Published in The Salina Journal April 0 , 1994)
RESOLUTION NUMBER 94-4727
A RESOLUTION AUTHORIZING AND ORDERING CERTAIN CURBING,
GUTTERING, PAVING, GRADING, LATERAL SANITARY SEWER AND WATER
MAIN AND SERVICE IMPROVEMENTS IN COUNTRY OAK ESTATES AND THE
REPLAT OF COUNTRY OAK ESTATES; 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, lateral
sanitary sewer and water main and service improvements in Country Oak
Estates and the Replat of Country Oak Estates; 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:
COUNTRY OAK ESTATES
AND
REPLAT OF COUNTRY OAK ESTATES
Curbing, guttering, paving and grading of HEUHL
CIRCLE from the south property line of Lot 4, Block 1,
Replat of Country Oak Estates to the west property line of
Lot 6, Block 1, Country Oak Estates, to serve Lots 4
through 13, Block 1, Replat of Country Oak Estates; Lots
4, 5 and 6, Block 2, Replat of Country Oak Estates; Lots 6
through 13, Block 1, Country Oak Estates; Lots 4 through
14, Block 2, Country Oak Estates; Lot 5 through 9, Block
3, Country Oak Estates.
Lateral sanitary sewer to serve Lots 4 through 13, Block 1,
Replat of Country Oak Estates; Lots 10 through 13, Block
1, Country Oak Estates.
The installation of a water main and service to serve Lots
4 through 13, Block 1, Replat of Country Oak Estates; Lots
6 through 13, Block 1, Country Oak Estates; Lots 4
through 9, Block 2, Country Oak Estates.
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 4 through 13, Block 1;
Lots 4, 5 and 6, Block 2;
All in the Replat of Country Oak Estates to the City of
Salina, Saline County, Kansas.
Lots
6
through
13,
Block 1;
Lots
4
through
14,
Block 2;
Lots
5
through
9,
Block 3;
All in Country Oak Estates to the City of Salina, Saline
County, Kansas.
Section 3. The estimated or probable cost of such improvements is
$159,472.50.
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
$159,472.50.
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 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 12-604, 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 $159,472.50, 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. j
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.
-- [SEAL]
ATTEST:
y D Long
City Clerk