02-5801 Adv Auth Magnolia Markl(Published in the Salina Journal on January/92002)
RESOLUTION NUMBER 02-5801
A RESOLUTION OF FINDING AS TO THE ADVISABILITY AND A RESOLUTION
AUTHORIZING CONSTRUCTION PURSUANT TO K.S.A. 12-6a01 et sea. OF AN IMPROVEMENT
CONSISTING OF INSTALLATION OF WATERMAINS TO SERVE CERTAIN PLATTED AND
UNPLATTED TRACTS OF LAND IN THE AREA OF MAGNOLIA AND MARKT EY ROADS IN THE
CITY OF SALINA, KANSAS.
WHEREAS, a petition was filed with the City Clerk on the 4th day of January, 2002, under and
pursuant to K.S.A. 12-6a01 et seq. to make certain watermain improvements in the southeast part of the city in
the area of Magnolia and Markley Roads; and
WHEREAS, K.S.A. 12-6a04 provides that the Governing Body may proceed without notice and
hearing to authorize and order improvements when the petition is signed by the owners of record of more than
one-half of the area liable to be assessed under the proposal; and
WHEREAS, the City Engineer has reported to the Governing Body the petition is sufficient under
K.S.A. 12-6a04 and contains the signatures of the owners of 100% of the area proposed to be assessed.
NOW, THEREFORE, be it resolved by the Governing Body of the City of Salina, Kansas, that
the following findings as to the advisability of the installation of watermains to serve certain platted and
unplatted tracts of land in the area of Magnolia and Markley Roads in the City of Salina, Kansas, are hereby
made, to wit:
Section 1. The Governing Body hereby finds and determines that it is necessary, advisable and
in the public interest to make an improvement consisting of:
WATERMAIN IMPROVEMENTS
N.E. QUADRANT — MAGNOLIA AND MARKLEY ROADS
The installation of watermain and incidentals necessary to provide a public water
system to platted and unplatted tracts located northeast of the intersection of Magnolia
and Markley Roads in the City of Salina, Kansas.
Section 2. The estimated and probable cost of such improvement is $164,805.24.
Section 3. That the Governing Body hereby further finds and finally determines that the
boundaries of the improvement district against which a portion of the costs of the said improvement shall be
assessed are hereby established and fixed as the following legal description:
Tract 1: Lot 1, Block 1, Magnolia Hills Addition to the City of Salina, Saline
County, Kansas.
Tract 2: An unplatted tract of land located in the Southeast Quarter (SE '/4) of
Section Twenty-nine (29), Township Fourteen (14) South, Range Two (2) West
of the Sixth Principal Meridian, Saline County, Kansas, more particularly
described as follows: Beginning at a point Fifty (50) East and Fifty (50) North of
the Southwest corner of said Southeast Quarter (SE '/4) of Section Twenty-nine
(29), said point being on the North line of Magnolia Road Right-of-way and the
East line of Markley Road Right-of-way;
-thence North 00 degrees 28 minutes 13 seconds West (N 00' 28' 13" W)
parallel with the West line of said Southeast Quarter and along the East right-
of-way of Markley Road, a distance of One thousand two hundred fifty-six
and ninety-six hundredths (1256.96) feet;
-thence North 89 degrees 26 minutes 39 seconds East (N 89' 26' 39" E), a
distance of Eight hundred forty-six and thirteen hundredths (846.13) feet;
-thence South 00 degrees 33 minutes 08 seconds East (S 00' 33' 08" E), a
distance of One thousand two hundred fifty-seven and one hundredth
(1257.01) feet to a point on the North right-of-way line of Magnolia Road;
-thence South 89 degrees 26 minutes 52 minutes West (S 89' 26' 52" W)
along said right-of-way line, a distance of Eight hundred forty-seven and
ninety-three hundredths (847.93) feet back to the point of beginning. The
described tract of land contains 24.44, more of less.
Section 4. The method of assessment is that the total cost of the watermain improvements
assessed against the property shall be based upon the square footage of area within the improvement district.
is:
Section 5. The apportionment of cost between the improvement district and the city -at large
(a) The cost assessed against the improvement district shall be 100% of the total
cost of materials and installation and associated costs of the 16 inch, 8 inch,
and 6 inch ductile iron water pipeline project, less the material purchase cost
differential between the items below 8 inch diameter and those larger than 8
inch diameter as oversizing cost.
(b) The cost assigned to the city -at -large shall be 100% of the difference in
material purchase cost between items below 8 inch diameter and larger than 8
inch diameter. This oversizing of certain portions of the pipeline is to enhance
the city's water system and allow future development.
Section 6. That the advisability of the improvements set forth above is hereby established as
authorized by K.S.A. 12-6a01 et seq.
Section 7. That the above described improvement is hereby authorized and declared to be
necessary in accordance with the findings of the Governing Body as set out in this resolution.
Section 8. 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
fifteen (15) equal annual installments.
Section 9. 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 10. That for the purpose of providing funds to pay the cost of such improvements until
bonds can be issued therefore, 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 11. 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 therefore 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 12. 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 $164,805.24, the
anticipated cost of such improvements.
Section 13. This resolution shall take effect after its passage and publication once in the official
city newspaper.
Adopted and passed this 14th day of January, 2002.
{SEAL}
A STC: %J
Lieu Ann Nicola, City Clerk
'stip M. Seato ,Mayor