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91-4365 Auth Sidewalk ConstrKuhn -C.. Priming - Sal a. Kansas (Published in The Salina Journal August 23 , 1991) RESOLUTION NUMBER 91-4365 A RESOLUTION AUTHORIZING AND ORDERING CERTAIN SIDEWALK IMPROVEMENTS, ORDERING PREPARATION OF PLANS AND SPECIFICATIONS AND THE ESTIMATE OF COSTS. WHEREAS, the public hearing on the advisability of the following improvements, to -wit: Property line and curb line sidewalk along the east side of Broadway Boulevard from Chicago Street to Grand Avenue. was held as provided by Resolution Number 91-4338, adopted and approved by the Board of Commissioners of the City of Salina, Kansas, on the 15th day of July, 1991. WHEREAS, notice of public hearing on the advisability of the said improvements has been published in The Salina Journal, the official city newspaper, on the 18th and 25th day of July, 1991, as provided by said Resolution and K.S.A. Sections 12 - 6a01 to 12 - 6a18 . WHEREAS, the Board of Commissioners of the City of Salina, Kansas, met in the Commissioners' Room, in the City -County Building, on the 29th day of July, 1991, at 4:00 p.m. for the purpose of conducting a public hearing on the advisability of said improvements, said hearings were finally adjourned on the 29th day of July, 1991, as provided by law; and WHEREAS, SIX (6) months have not elapsed since the final adjournment of said public hearing, SO NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Section 1. That the following improvements be and the same are hereby authorized and ordered to be made in accordance with the findings of the Board of Commissioners of the City of Salina, Kansas, upon the advisability of the following improvements, to -wit: Property line and curb line sidewalk along the east side of Broadway Boulevard froom Chicago Street to Grand Avenue. Section 2. The extent or boundaries of the proposed improvement district to be assessed is: That part of the City of Salina, Saline County,' Kansas, described as follows, to -wit: North Park Addition Lots 2 and 4, Block 3 Lots 1, 3, 5, 7, 9 and 11, Block 3, less Highway right-of-way Lots 22, 24, 26, Block 2 Lots 27, 29, 31, 33, 35, 37, 39, 41, 43 and 45, Block 2, less Highway right-of-way Lots 2 and 4, Block 4 Lots 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21 and 23, Block 4 North Park Addition to the City of Salina, and that portion of Whittridge Street heretofore vacated lying adjacent to and accruing to said lots, excepting that portion of said Lots taken for U.S. Highway 81 By-pass purposes, and also excepting the vacated alley lying east of and adjacent to said lots; and a tract of land bounded on the north by the south edge of Broadway Boulevard; bounded on the west edge of vacated Whittredge Street; and bounded on the south by the south line of Lot 23, Block 4, North Park Addition, extended; together with that portion of Whittredge Kuhn -C.. Printing — Salina, Kansas Street heretofore vacated lying adjacent to and accruing to said tract. A tract of land in the north half of Section 11 Township 14 South, Range 3 West of the Sixth Principal Meridian, described as follows: Beginning at a point on the west line 40 feet north of the southwest corner of the Northeast Quarter of said Section; thence east to the westerly right-of-way line of the Union Pacific Railroad; Thence northwesterly 318.5 feet along said right-of-way line; Thence southwesterly to a point 77.6 feet west and 40 feet north of the southwest corner; Thence east to the point of beginning. Chicago Addition Lots 1, 2, 3, 4, 5, 6, Block 2, less Highway right-of-way and that portion of vacated Clark Street lying west of said lots and south of highway right-of-way, Chicago Addition to the City of Salina, Saline County, Kansas. Lots 5, 6, 7, 8, 9, 10 and 11, Block 1, less highway right-of-way and Lots 1, 2, 3, 4, 5, 6, 7, 8, Block 7, and those portions of vacated Clark Street and Logan Street lying adjacent to said lots. A triangular tract of land adjacent to and north of Lots 3, 4, 5, Block 11, plus vacated Grand Boulevard. Section 3. The estimated or probable cost of such improvements is $29,200.80. Section 4. The apportionment of cost between the improvement district and the City -at -large is as follows: 1. Costs chargeable to private property in the amount of $8,882.40. 2. Costs chargeable to the city -at -large in the amount of $20,318.40. 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 four (4) equal annual installments. Section 6. The method of assessment shall be based on the square footage of the sidewalk actually constructed. Section 7. 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 of 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 contractor for materials furnished and 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 total aggregate payments do not exceed the total contract price. M1n-Cox Printing — Salina, Kansas Section 10. That the said improvements shall not be commenced if, within twenty (20) days after publication of the resolution, written protests by both fifty-one (51) percent or more of the resident owners of record of within the improvement district and the owners of record of more than one-half of the total area of such district, are filed with the City Clerk. Adopted by the Board of Commissioners and signed by the Mayor this 19th day of August, 1991. (SEAL) ATTEST: �J a" -0-0 w Jacque ine Shiever, City Clerk I - Stephen C. RY'&n, Mayor