December 18, 2014

Legal Notice RESOLUTION # 1903

RESOLUTION NO. 1903

A RESOLUTION DETERMINING THE ADVISABILITY OF CERTAIN INTERNAL IMPROVEMENTS IN THE CITY OF GARDNER, KANSAS, AUTHORIZING SUCH IMPROVEMENTS IN ACCORDANCE WITH THE FINDINGS OF THE GOVERNING BODY AND K.S.A. 12-6a01 ET SEQ. AND REPEALING RESOLUTION NO. 1885 (USD 231 SCHOOL CAMPUS)
WHEREAS, K.S.A. 12 6a02 authorizes the governing body of any city to make or cause to be made municipal works or improvements which confer a special benefit upon property within a definable area of the city and to levy and collect special assessments upon property in an area deemed by the governing body to be benefited by such improvements for special benefits conferred upon such property by any such improvements or an area described in a petition submitted in accordance with K.S.A. 12-6a04 (c) and (d) and to provide for the payment of all or any part of the costs of the improvements with the proceeds of such special assessments; and

WHEREAS, pursuant to Resolution No. 1885 of the City of Gardner, Kansas (the “City”), adopted on December 3, 2012, the Governing Body of the City authorized the creation of an improvement district to finance certain sewer, street, water and related improvements in and at the request of the owner of 100% of the property within the improvement district; and

WHEREAS, the owner of 100% of the property within the improvement district has executed and submitted an amended petition requesting changes in the boundaries of the improvement district and revising the estimated cost of the improvements and it is necessary and desirable to repeal and replace Resolution No. 1885 to conform to the amended petition; and

WHEREAS, in accordance with K.S.A. 12-6a04(c), the amended petition includes (a) a statement that the signer of the petition is the owner of 100% of the property proposed to be included in the improvement district and (b) acknowledges that (i) the amended petition is submitted pursuant to K.S.A. 12-6a04(c), (ii) the proposed improvement district does not include all properties which may be deemed to benefit from the proposed improvements an d (iii) the signer’s name may not be withdrawn from the amended petition by the signer after the governing body commences consideration of the amended petition or later than seven days after such filing, whichever occurs first; and

WHEREAS, K.S.A. 12-6a04(d) provides that upon receipt of a petition filed with the City Clerk in accordance with K.S.A. 12-6a04(c), the Governing Body of the City may (a) make findings by resolution as to (i) the advisability of the improvements requested in the petition, (ii) the nature of the improvements, (iii) the estimated cost, (iv) the boundaries of the improvement district, (v) the method of assessment, (vi) the apportionment of cost, if any, between the improvement district and the city-at-large, and (vii) the improvement district not including all the property which may be deemed to be benefited by the proposed improvements, and (viii) the willingness of the signers of the petition to pay the costs of the proposed improvements as set forth in the petition, and (b) order the improvements without notice or public hearing; and

WHEREAS, the Governing Body finds and determines that the amended petition is sufficient and that it necessary to make its final findings by resolution as to the advisability of the proposed improvements and finds and determines it necessary to authorize the improvements;

THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF GARDNER, KANSAS:

SECTION 1. The Governing Body of the City hereby finds and finally determines that:

(a) It is advisable to make the following improvements in the City (the “Improvements”):

Street improvements including the engineering, inspection and construction of Grand Street, with a minimum right-of-way width of sixty (60) feet, from the point where it currently terminates east of its intersection with Plum Creek Drive, to Cedar Street with geometric, related sidewalk and bike/trail improvements, traffic signal improvements at the existing intersection of Grand Street with Moonlight Road, and, if recommended by the City’s engineer, traffic signal improvements at the existing intersection of Grand Street with Center Street, and all related appurtenances.

Sanitary sewer improvements including the engineering, inspection and construction of a new 10-inch/12-inch sanitary sewer line between the proposed improvement district described in the amended petition and the existing City sanitary sewer line on the south side of the BNSF railroad tracks and all related appurtenances.

Water improvements including the engineering, inspection and construction of a waterline along the new alignment of Grand Street and at other locations, as required, to provide adequate service to the proposed improvement district described in the amended petition and all related appurtenances.

(b) The estimated or probable cost of such Improvements is $3,950,000.

(c) The extent of the improvement district in the City to be assessed for the cost of the Improvements is set forth in Exhibit A to this Resolution.

(d) The method of assessment is: equally per square foot, excluding undevelopable tracts designated for green space, storm water detention and public infrastructure and right-of-way.

(e) The apportionment of the cost of the Improvements, between the improvement district and the city-at-large, is 50% to be assessed against the improvement district and 50% to be paid by the city-at-large; provided, however, that any costs of the construction and design of the improvements (exclusive of costs of issuance and interim interest costs) in excess of $4,802,000 shall be assessed 100% against the improvement district.

(f) The improvement district does not include all the property which may be deemed to be benefited by the proposed Improvements.
(g) The persons or entities signing the petition are willing to pay the costs of the proposed improvements as set forth in the petition even though all property which may be benefited by the proposed Improvements will not be assessed for the cost of the Improvements.
SECTION 2. The Improvements are hereby authorized and ordered to be made in accordance with the findings of the Governing Body as set forth in Section 1 of this Resolution.

SECTION 3. In accordance with United States Treasury Regulation 1.150-2, the Governing body of the City hereby indicates its intent to reimburse the City with the proceeds of bonds, notes or other obligations of the City, the interest on which is expected to be exempt from federal income taxation for the costs of the Improvements in an amount not to exceed the estimated cost of the Improvements plus 10%.

SECTION 4. Resolution No. 1885 is hereby repealed and replaced by this Resolution.

SECTION 5. 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 Johnson County, Kansas.

ADOPTED AND APPROVED by the Governing Body of the City on March 3, 2014.

(Seal) ____/s/Chris Morrow________
Mayor

__/s/Kimberly D. LeRoy________
City Clerk

EXHIBIT A

LEGAL DESCRIPTION
GARDNER EDGERTON ES/MS CAMPUS
BENEFIT DISTRICT

All of Lot 1, GARDNER EDGERTON ES/MS CAMPUS, and all that part of Grand Street right- of-way lying adjacent thereto, all in Section 25, Township 14, Range 22, now in the City of Gardner, Johnson County, Kansas, more particularly described as follows:

Commencing at the West Quarter corner of said Section 25; thence N 88° 15′ 23” E, along the South line of the NW1/4 of said Section 25, and along the South line of Lot 1, BIGELOW PLACE, a subdivision of land in the City of Gardner, Johnson County, Kansas, and along the North line of PLUM CREEK ESTATES, a subdivision of land in the City of Gardner, Johnson County, Kansas, a distance of 231.00 feet, to the Southeast corner of said Lot 1, BIGELOW PLACE, said point also being the true point of beginning of subject tract; thence N 1° 59′ 47” W, along the East line of said Lot 1, BIGELOW PLACE, a distance of 30.00 feet; thence N 88° 15′ 23” E, along a line 30.00 feet North of and parallel with the South line of the NW 1/4 of said Section 25, and along the North right-of-way line of said Grand Street, a distance of 530.59 feet, to a point of curvature; thence Easterly and Northeasterly, along the North right-of-way line of said Grand Street, along a curve to the left having a radius of 570.00 feet and a central angle of 56° 19′ 41”, a distance of 560.37 feet, to a point of tangency; thence N 31° 55′ 42” E, along the North right-of-way line of said Grand Street, a distance of 293.39 feet, to a point of curvature; thence Northerly and Northeasterly, along the North right-of-way line of said Grand Street, along a curve to the right having a radius of 630.00 feet and a central angle of 32° 33′ 36”, a distance of 358.02 feet, to a point of compound curvature; thence Northeasterly, Easterly and Southeasterly, along the North right-of-way line of said Grand Street, along a curve to the right having a radius of 1,454.00 feet, a central angle of 61° 47′ 11” and whose initial tangent bearing is N 64° 29′ 18” E, a distance of 1,567.96 feet, to a point of tangency; thence S 53° 43′ 31” E, along the North right-of-way line of said Grand Street, a distance of 536.01 feet, to a point of curvature; thence Southeasterly and Easterly, along the North right-of-way line of said Grand Street, along a curve to the left having a radius of 86.00 feet and a central angle of 50° 08′ 32”, a distance of 75.26 feet, to a point of reverse curvature; thence Easterly, Southeasterly and Southerly, along the North right-of-way line of said Grand Street, along a curve to the right having a radius of 95.00 feet, a central angle of 94° 23′ 05” and whose initial tangent bearing is N 76° 07′ 57” E, a distance of 156.50 feet, to a point of reverse curvature; thence Southerly and Southeasterly, along the North right-of-way line of said Grand Street, along a curve to the left having a radius of 86.00 feet, a central angle of 57° 53′ 27” and whose initial tangent bearing is S 9° 28′ 58” E, a distance of 86.89 feet, to a point of compound curvature; thence Southeasterly and Easterly, along the North right-of-way line of said Grand Street, along a curve to the left having a radius of 570.00 feet, a central angle of 17° 44′ 02” and whose initial tangent bearing is S 67° 22′ 25” E, a distance of 176.42 feet, to a point on the West line of Lot 1, MOONLIGHT APARTMENTS IV, a subdivision of land in the City of Gardner, Johnson County, Kansas; thence S 2° 04′ 40” E, along the West line of said Lot 1, MOONLIGHT APARTMENTS IV, and its Southerly extension, a distance of 33.64 feet, to a point on the South line of the NE1/4 of said Section 25; thence S 88° 25′ 02” W, along the South line of the NE1/4 of said Section 25, along the South right-of-way line of said Grand Street, and along the North line of WILLOW SPRINGS VII, a subdivision of land in the City of Gardner, Johnson County, Kansas, a distance of 143.92 feet, to the Easternmost corner of Tract A, of said GARDNER EDGERTON ES/MS CAMPUS; thence Northwesterly along the North line of said Tract A, being a curve to the right, having a radius of 635.00 feet, a central angle of 4° 58’ 19” and whose initial tangent bearing is N 72° 28’ 16” W, a distance of 55.10 feet, to a point of reverse curvature; thence Northwesterly along the North line of said Tract A, being a curve to the left having a radius of 1000.00 feet, a central angle of 3° 50’ 20” and whose initial tangent bearing is N 67° 29’ 57” W, a distance of 67.00 feet, to a point of compound curvature; thence Northwesterly, Westerly and Southwesterly, along the North line of said Tract A, being a curve to the left having a radius of 55.00 feet, a central angle of 66° 13’ 58” and whose initial tangent bearing is N 71° 20’ 16” W, a distance of 92.38 feet, to a point of compound curvature; thence Southerly along the West line of said Tract A, being a curve to the left having a radius of 30.00 feet, a central angle of 14° 00’ 44” and whose initial tangent bearing is S 12° 25’ 45” W, a distance of 7.34 feet, to a point on the South line of the NE1/4 of said Section 25, and the North line of said WILLOW SPRINGS VII; thence S 88° 25′ 02” W, along the Easterly extension of the South line of Lot 1, said GARDNER EDGERTON ES/MS CAMPUS, and along the South line of the NE1/4 of said Section 25, and along the North line of WILLOW SPRINGS VII, a distance of 991.20 feet, to the Center corner of said Section 25, said point also being the Northwest corner of Lot 297, of said WILLOW SPRINGS VII; thence S 1° 50′ 25” E, along the East line of the SW1/4 of said Section 25, and the East line of Lot 1, of said GARDNER EDGERTON ES/MS CAMPUS, and the West line of said WILLOW SPRINGS VII, a distance of 690.69 feet; thence S 88° 13′ 48” W, along the South line of said Lot 1, of said GARDNER EDGERTON ES/MS CAMPUS, a distance of 272.35 feet; thence S 8° 53′ 12” W, along the South line of said Lot 1, of said GARDNER EDGERTON ES/MS CAMPUS, a distance of 115.45 feet, to a point on the North line of Lot 133, PLUM CREEK IV, a subdivision of land now in the City of Gardner, Johnson County, Kansas; thence N 78° 25′ 54” W, along the South line of Lot 1, of said GARDNER EDGERTON ES/MS CAMPUS, and along the North line of said PLUM CREEK IV, a distance of 174.49 feet; thence S 83° 23′ 54” W, along the South line of Lot 1, of said GARDNER EDGERTON ES/MS CAMPUS, and along the North line of said PLUM CREEK IV, a distance of 303.35 feet; thence N 88° 31′ 55” W, along the South line of Lot 1, of said GARDNER EDGERTON ES/MS CAMPUS and along the North line of said PLUM CREEK IV, a distance of 383.27 feet; thence N 87° 22′ 24” W, along the South line of Lot 1, of said GARDNER EDGERTON ES/MS CAMPUS, and along the North line of said PLUM CREEK IV, a distance of 50.00 feet; thence N 87° 22’ 24” W, along the South line of Lot 1, of said GARDNER EDGERTON ES/MS CAMPUS, a distance of 96.97 feet; thence N 2° 41’ 25” W, along the West line of Lot 1, of said GARDNER EDGERTON ES/MS CAMPUS, a distance of 349.74 feet; thence N 14° 02’ 53” W, along the West line of Lot 1, of said GARDNER EDGERTON ES/MS CAMPUS, a distance of 35.64 feet; thence N 1° 50’ 04” W, along the West line of Lot 1, of said GARDNER EDGERTON ES/MS CAMPUS, a distance of 60.40 feet; thence N 80° 12’ 00” W, along the West line of Lot 1, of said GARDNER EDGERTON ES/MS CAMPUS, a distance of 20.42 feet, to the Southeast corner of Lot 25, said PLUM CREEK ESTATES, said point also being on the West line of the East Half of the SW1/4 of said Section 25; thence N 1° 50′ 04” W, along the West line of the East Half of the SW1/4 of said Section 25, and along the West line of Lot 1, of said GARDNER EDGERTON ES/MS CAMPUS, also being the East line of said PLUM CREEK ESTATES, a distance of 308.13 feet, to the Northwest corner of the East Half of the SW1/4 of said Section 25, said point also being on the North line of Grand Street, as now established; thence S 88° 15′ 23” W, along the South line of Lot 1, of said GARDNER EDGERTON ES/MS CAMPUS and its Westerly extension, and along the South line of the NW1/4 of said Section 25, also being the North line of said PLUM CREEK ESTATES, and along the South line of said Grand Street, a distance of 1,096.71 feet, to the true point of beginning of subject tract, containing 2,717,138 square feet, equal to 62.377 acres, more or less.

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