94-4680 Auth Country Club 3 4Kunn-Goy P-MIg — Sal
(Published in The Salina Journal January 9, 1994)
RESOLUTION NUMBER 94-4680
A RESOLUTION AUTHORIZING AND ORDERING CERTAIN CURBING,
GUTTERING, PAVING, GRADING, STORM WATER DRAINAGE, LATERAL
SANITARY SEWER, AND WATER MAIN AND SERVICE IMPROVEMENTS IN
COUNTRY CLUB ESTATES ADDITION NO. 3 AND COUNTRY CLUB ESTATES
ADDITION NO. 4, 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 Country Club Estates Addition No. 3 and Country Club Estates
Addition No. 4; 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:
COUNTRY CLUB ESTATES ADDITION NUMBER 3
Curbing, guttering, paving and grading of SKYLINE
DRIVE from the north line of Lot 7, Block 5, Country
Club Estates Addition No. 3 to the south line of Lot 10,
Block 2, Country Club Estates Addition No. 3.
The installation of a water main and service to serve Lot
10, Block 2; Lots 7 through 12, Block 5, Country Club
Estates Addition No. 3.
COUNTRY CLUB ESTATES ADDITION NUMBER 4
Curbing, guttering, paving and grading of PRESLEY
DRIVE from the north line of Lot 19, Block 2, Country
Club Estates Addition No. 4 to the south line of Lot 24,
Block 2, Country Club Estates Addition No. 4.
Curbing, guttering, paving and grading of DEBORAH
DRIVE from the west line of Lot 12, Block 5, Country
Club Estates Addition No. 3 to the east line of Lot 12,
Block 3, Country Club Estates Addition No. 4.
The installation of water main and service to serve Lots 7
through 12, 19 through 24, Block 2; Lots 7 through 12,
Block 3; and Lots 1 through 5, Block 4, Country Club
Estates Addition No. 4.
Section 2. The extent or boundaries of the proposed improvement
district to be assessed is:
Lots 6 through 10, Block 2;
Lots 7 through 12, Block 5;
KU Co ing — Sal
All in Country Club Estates Addition No. 3 to the City of
Salina, Saline County, Kansas.
Lots 7 through 12, 19 through 24, Block 2;
Lots 7 through 12, Block 3;
Lots 1 through 5, Block 4;
All in Country Club Estates Addition No. 4 to the City of
Salina, Saline County, Kansas.
Section 3. The estimated or probable cost of such improvements is
$272,721.00.
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
$272,721.00.
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 Country Club Estates
Addition No. 3 and Country Club Estates Addition No. 4 shall be based on the
adjusted front 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 $272,721.00, 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 -Cox P- i,y — Salina. Kansas
Adopted by the Board of Commissioners and signed by the Mayor this
3rd day of January, 1994.
T
Peter F. Brungardt, Mayof
[ SEAL ]
ATTEST:
Stephanie Krug
Acting City Clerk