07-6357 Annex Agr West Diamond DriveRESOLUTION NUMBER 07-6357
A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN ANNEXATION
AGREEMENT WITH COM CO OF KANSAS, INC. OUTLINING CERTAIN CONDITIONS
AND UNDERSTANDINGS RELATING TO THE ANNEXATION OF THE COM CO TRACT
LOCATED ON THE NORTH SIDE OF DIAMOND DRIVE WEST OF NINTH STREET IN
SALINE COUNTY, KANSAS.
WHEREAS, the owner of the Com Co Tract on the north side of Diamond Drive west of
North Ninth Street has made a request to be annexed into the corporate limits of the City of Salina; and
WHEREAS, the owner has requested that all costs associated with the construction of
Diamond Drive, installation of a sanitary sewer collection system and the looped public waterline
system needed to serve development on the property be deferred for 15 years or until the property is
platted, whichever occurs first; and
WHEREAS, the City is agreeable to such annexation provided there is an agreement in
place acknowledging that the owner and their successors, heirs and assigns will be obligated to pay their
proportionate share of water main, sanitary sewer, drainage and public street improvements serving the
Com Co Tract through the creation of a K.S.A. 12-6a0I benefit district; and
WHEREAS, K.S.A. 12-135 authorizes the City to enter into contractual agreements with
the owners of land proposed to be annexed to guarantee the apportionment, of the cost of improvements
made in the area to be annexed.
SO, NOW THEREFORE, BE IT RESOLVED by the Governing Body of the City of
Salina, Kansas:
Section 1. That the Annexation Agreement for the Com Co Tract between the City and
Com Co of Kansas, Inc. outlining certain conditions and understandings relating to the annexation of
property generally located north of Diamond Drive and west of North Ninth Street in Saline, County,
Kansas is hereby approved.
Section 2. That the Mayor is authorized to execute the same on behalf of the City.
Section 3. That this resolution shall be in full force and effect from and after its adoption.
BE IT FURTHER RESOLVED that the City Clerk shall file said Agreement with the
Register of Deeds of Saline County, Kansas, filing fees to be paid by the City of Salina.
Adopted by the Board of Commissioners and signed by the Mayor this 26's day of February,
2007. Q 0
V N�
Donnie D. Marrs, Mayor
ATTEST:
{S AL}
Lieu Ann Elsey, CMC, Ci lerk