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06-6251 Adv Auth Liberty Add 2(Published in the Salina Journal on r Q a00� RESOLUTION NUMBER 06-6251 A RESOLUTION OF FINDING AS TO THE ADVISABILITY OF AND AUTHORIZING CONSTRUCTION PURSUANT TO K.S.A. 12-6a01 et seq. OF SANITARY SEWER N IMPROVEMENTS IN LIBERTY ADDITION NO. 2 AND UNPLATTED TRACTS TO THE w CITY OF SALINA, KANSAS. WHEREAS, a Petition was filed with the City Clerk of the City of Salina, Kansas (the "City"), on February 24, 2006, proposing certain internal improvements; and said Petition sets forth: (a) the general nature of the proposed improvements; (b) the estimated or probable cost of the proposed improvements; (c) the extent of the proposed improvement district to be assessed for the cost of the proposed improvements; (d) the proposed method of assessment; (e) the proposed apportionment of the cost between the improvement district and the City at large; and (f) a request that such improvements be made without notice and hearing as required by K.S.A. 12-604(a) (the "Act"); and WHEREAS, the Governing Body of the City hereby finds and determines that said Petition is sufficient. NOW, THEREFORE, be it resolved by the Governing Body of the City of Salina, Kansas, as follows: Section 1. Findings of Advisability. The petition is hereby found to be sufficient and the Governing Body finds and determines that: (a) It is necessary and advisable to make the following improvements: The trenching, backfilling, and installation of approximately 8,500 lineal feet of 15" sanitary sewer main, associated manholes, and all appurtenances for a complete sanitary sewer system (the "Improvements"). (b) The estimated and probable cost of such improvements is $535,608.10. (c) The boundaries of the improvement district against which costs of said improvements shall be assessed are hereby established and fixed as the following legal descriptions: Lots 1-3, Block 1, Lots 1-2, Block 2, Lots 1-2, Block 3, Lots 1-5, Block 5, and Lots 1-2, Block 6 all in the Corrected Plat of Liberty Addition No. 2, the north '/2 of Lot 1, Block 1, South Industrial Area #3. Unplatted Tract No. 1: A portion of a tract of land in the East'/2 of the Southeast'/4 of Section 1, Township 15 South, Range 3 West of the 6th Principal Meridian in the City of Salina, Saline County, Kansas, more particularly described as follows: Commencing at the Southeast corner of said Section 1, thence Westerly along the South line of said Section 1 on assumed bearing of N90°00'00" W a distance of 40.00 feet to the West line of Ohio Street; thence N00°00'22" W along said west line a distance of 35.00 feet to a point where said West line intersects the North line of Water Well Road, said point being the Point of Beginning, then N90'00'00" W along said North line a distance of 1264.59 feet to a point on the West line of the East Half of said Southeast Quarter; thence N00°05'00"W along said East line a distance of 2608.18 feet to the North line of said Southeast 1/4; thence N89°56'23" E along said North line a distance of 1268.11 feet to the West line of Ohio Street; thence S00°00'22" E along said West line a distance of 2609.51 feet to the Point of Beginning. Unplatted Tract No. 2: A tract of land lying in the West Half of the Southeast Quarter of Section 1, Township 15 South, Range 3 West of the 61h Principal Meridian in the City of Salina, Saline County, Kansas, more particularly described as follows: Commencing at the Southwest corner of the Southeast Quarter of Section 1, Township 15 S, Range 3 W; thence on assumed bearing of N90'00'00" E along the South line of the Southeast Quarter a distance of 53.93 feet to a point on the East right-of-way line of the Union Pacific Railroad; thence N00°15'37" W along said East right-of-way line of the Union Pacific Railroad a distance of 1441.22 feet to the true Point of Beginning, which is also the Northwest corner of Lot 1, Block 1, of the South Industrial Area #3; thence continuing N00°15'37" W along said East right-of-way line of the Union Pacific Railroad distance of 1200.66 feet to a point on the North line of said Southeast Quarter; thence N89°56'23"E a distance of 1258.68 feet to a point on the East line of the West Half of the Southeast Quarter of Section 1; thence S00°05'00" E 1 C along said East line a distance of 1201.29 feet to the Northeast corner of said South Industrial Area #3; thence S89°58'04" W, along the North line of said South Industrial Area #3, a distance of 1254.97 feet to the Point of Beginning. (d) The method of assessment is: equally per square foot, based on the square footage of w each platted lot, except that the square footage of the two unplatted tracts of land shall be determined using the ratio of developable lot area to raw land area in the Liberty Addition No. 2. (e) The apportionment of costs shall be 100% to the improvement district and 0% to the City -at -large. Section 2. Authorization of Improvements. The Improvements are hereby authorized and declared to be necessary in accordance with the findings of the Governing Body as set out in this resolution. Section 3. Intent to Reimburse. The City expects to make capital expenditures from and after the date of this Resolution in connection with the above described Improvements, and intends to reimburse itself for such expenditures with the proceeds of one or more series of general obligation bonds and temporary notes of the City in the maximum principal amount of $535,608.10. Section 4. Progress Payments. 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/her which have been properly certified by the City Engineer, so long as the aggregate payments do not exceed the total contract price. Section 5. Effective Date. This resolution shall take effect after its passage and publication once in the official city newspaper. The Resolution shall also be filed of record in the Office of the Register of Deeds of Saline County, Kansas. Adopted and passed this 27th day of February 2006. Deborah Divine, Mayor (SEAL) A TEST: Wea-W'1'4. 1-1 Lieu Ann Elsey, CMC,C y Clerk