94-4681 Auth Golden EagleKunrvGax ng —
(Published in The Salina Journal January o , 1994)
RESOLUTION NUMBER 94-4681
A RESOLUTION AUTHORIZING AND ORDERING CERTAIN CURBING,
GUTTERING, PAVING, GRADING, STORM WATER DRAINAGE, LATERAL
SANITARY SEWER, AND WATER MAIN AND SERVICE IMPROVEMENTS IN THE
GOLDEN EAGLE ESTATES 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.
WHEREAS, a petition was filed with the City Clerk on the 23rd day
of November, 1993 proposing certain curbing, guttering, paving, grading,
storm water drainage, lateral sanitary sewer, and water main and service
improvements in Golden Eagle Estates Addition; and
WHEREAS, the Board of Commissioners of the City of Salina,
Kansas, did on the 20th day of December 1993, find such petition to be
sufficient; and
WHEREAS, the Board of Commissioners of the City of Salina,
Kansas, did on the 20th day of December 1993, 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:
GOLDEN EAGLE ESTATES ADDITION
Curbing, guttering, paving and grading of HUNTINGTON
ROAD from the north line of Magnolia Road to the south
line of Sherwood Lane to serve Lots 1 through 19, Block 5.
Curbing, guttering, paving and grading of ADAM TRAVIS
COURT to serve Lots 1 through 8, Block 5.
Curbing, guttering, paving and grading of LORIANNA
COURT to serve Lots 9 through 15, Block 5.
Curbing, guttering, paving and grading of SHERWOOD
LANE from the west line of Huntington Road to the east
line of Lot 19, Block 5 to serve Lots 16 through 19, Block
5 and Lots 1 through 4, Block 6.
Curbing, guttering, paving,' grading and drainage channel
crossing of SHERWOOD LANE from Huntington Road to
Huntington Road to serve Lots 1 through 19, Block 5; Lots
1 through 4, Block 6.
Lateral Sanitary Sewer 680 to serve Lots 1 through 19, 32
and 33, Block 5.
Lateral Sanitary Sewer 681 to serve Lots 1 through 4,
Block 6.
The installation of a water main and service to serve Lots
1 through 19, Block 5; and Lots 1 through 4, Block 6.
All in Golden Eagle Estates Addition to the City of Salina,
Saline County, Kansas.
Kuhn -Cox P ling —Sabina. Kansas
Section 2. The extent or boundaries of the proposed improvement
district to be assessed is:
Lots 1 through 19, 32 and 33, Block 5;
Lots 1 through 4, Block 6;
All in Golden Eagle Estates Addition to the City of Salina,
Saline County, Kansas.
Section 3. The estimated or probable cost of such improvements is
$310,063.00.
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
$310,063.00.
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 in Golden Eagle Estates
Addition shall be based on the square footage of each lot of land 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 $310,063.00, 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.
Kuhn -co. P111,1 — &11—. Kansas
Adopted by the Board of Commissioners and signed by the Mayor this
3rd day of January, 1994.
Peter F. Brungardt, Mayor
[SEAL]
ATTEST:
S eplianie Krug
Acting City Clerk