RESOLUTION NO. 24-8242
A RESOLUTION DETERMINING THE ADVISABILITY OF THE MAKING OF CERTAIN INTERNAL IMPROVEMENTS IN THE CITY OF SALINA, KANSAS; MAKING CERTAIN FINDINGS WITH RESPECT THERETO; AND AUTHORIZING AND PROVIDING FOR THE MAKING OF THE IMPROVEMENTS IN ACCORDANCE WITH SUCH FINDINGS (STREET/WATER/DRAINAGE/SANITARY SEWER IMPROVEMENTS PROJECT 80 AIRPORT INDUSTRIAL CENTER NO. 3).
WHEREAS, a petition (the “Petition”) was filed with the City Clerk of the Salina, Kansas (the “City”) 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. 12-6a01 et seq.; and
WHEREAS, K.S.A. 12-6a19 provides that whenever the construction of any water, stormwater, sanitary sewer or arterial street improvement is initiated by petition pursuant to the Act, the City may require the imposition of a benefit fee on property which is benefitted by such improvements but was not included within the original improvement district established for the levy of special assessments for such improvements; and
WHEREAS, the Petition contains a request that the City create an area for which benefit fees will be imposed pursuant to K.S.A. 12-6a19; and
WHEREAS, the governing body of the City hereby finds and determines that said Petition was signed by the owners of 100% of the property or properties proposed to be included in the improvement district liable for assessment for the proposed improvements, and is therefore sufficient in accordance with the provisions of K.S.A. 12-6a01 et seq. (the “Act”).
THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF SALINA, KANSAS:
Section 1. Findings of Advisability. The governing body hereby finds and determines that:
(a) It is advisable to make the following improvements (the “Improvements”):
The curb, gutter, pavement, and grading for approximately 715 lineal feet of Scanlan Avenue and 1,050 lineal feet of Swanson Drive (the “Street Improvements”).
The excavation of a detention basin and installation of approximately 1,515 lineal feet of storm sewer pipe, inlets, manholes and all appurtenances thereto, (the “Storm Drainage Improvements”).
The installation of approximately 3,900 lineal feet of twelve-inch water main, valves, fittings, and all appurtenances thereto (the “Water System Improvements”).
The installation of approximately 3,632 lineal feet of twelve-inch sanitary sewer main, manholes, and all appurtenances thereto (the “Sanitary Sewer Improvements”).
(b) The estimated or probable cost of the proposed Improvements is Four million seven hundred twenty-six thousand nine hundred sixty-four dollars and no cents ($4,726,964.00).
(c) The extent of the improvement district (the “Improvement District”) to be assessed for the cost of the Improvements is: Block 1, Lots 1, 2 and 3 and Block 2, Lot 1, all in the Airport Industrial Center No. 3 to the City of Salina, Saline County, Kansas.
(d) The method of assessment is: Equally per square foot. In the event all or part of the lots or parcels in the proposed Improvement District are replatted before assessments have been levied, the assessments against the replatted area shall be recalculated on the basis of the method of assessment set forth herein. Where the ownership of a single lot is or may be divided into two or more parcels, the assessment to the lot so divided shall be assessed to each ownership or parcel on a square foot basis.
(e) The apportionment of the cost of the Improvements between the Improvement District and the City-at-large is: 100% to be assessed against the Improvement District and 0% to be paid by the City-at-large.
(f) The signers of the Petition, in the aggregate, are the owners of 100% of the property or properties proposed to be included in the Improvement District, and have acknowledged that:
- The Petition is one submitted pursuant to subsection (c) of K.S.A. 12-6a04, and amendments thereto;
- The proposed Improvement District does not include all properties which may be deemed to benefit from the proposed Improvements; and
- The signers' names may not be withdrawn from the Petition by the signers thereof after the Governing Body commences consideration of the Petition or later than seven days after such filing, whichever occurs first.
(g) The property described in Exhibit A attached hereto benefits from the Improvements, but is not included within the Improvement District; such property shall be subject to the imposition of benefit fees in the manner set forth in and pursuant to K.S.A. 12-6a19. The benefit fee shall be determined in the manner set forth in subsection (d) hereof as if the area was included in the Improvement District. The amount of such benefit fee shall not exceed the amount which would have been assessed against such property had it been included in the Improvement District at the time that the Improvements were approved by resolution of the Governing Body.
Section 2. Authorization of Improvements. The abovesaid Improvements are hereby authorized and ordered to be made in accordance with the findings of the governing body of the City as set forth in Section 1 of this Resolution.
Section 3. Bond Authority; Reimbursement. The Act provides for the costs of the Improvements, interest on interim financing and associated financing costs to be paid by the issuance of general obligation bonds or special obligation bonds of the City (the “Bonds”). The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of this Resolution, pursuant to Treasury Regulation 1.150-2.
Section 4. Effective Date. This Resolution shall be effective upon adoption. This Resolution shall be published one time in the official City newspaper, and shall also be filed of record in the office of the Register of Deeds of Saline County, Kansas.
ADOPTED by the governing body of the City on October 14, 2024.
Bill Longbine, Mayor
Jenifer Scheibler, Deputy City Clerk