RESOLUTION NO. 2012
A RESOLUTION DETERMINING THE ADVISABILITY OF CERTAIN INTERNAL IMPROVEMENTS IN THE CITY OF GARDNER, KANSAS, AND AUTHORIZING AND PROVIDING FOR THE MAKING OF SUCH IMPROVEMENTS IN ACCORDANCE WITH THE FINDINGS OF THE GOVERNING BODY AND K.S.A. 12-6a01 ET SEQ. (TUSCAN FARM SANITARY LIFT STATION SPECIAL BENEFIT DISTRICT)
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 the area deemed by the governing body to be benefited by such improvements for special benefits conferred upon such property by any such improvements and to provide for the payment of all or any part of the costs of the improvements with the proceeds of such special assessments;
WHEREAS, a petition, executed by 100% of the owners of property within the proposed improvement district, has been filed with the City Clerk of the City of Gardner, Kansas (the “City”), requesting certain improvements be made in accordance with K.S.A. 12-6a01 et seq.;
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 the advisability of the improvements requested in the petition, the nature of the improvements, the estimated cost, the boundaries of the improvement district, the method of assessment and apportionment of cost, if any, between the improvement district and the city-at-large and (b) order the improvements without notice or public hearing; and
WHEREAS, the Governing Body finds 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;
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF GARDNER, KANSAS:
SECTION 1. The Governing Body finds and finally determines that:
(a) It is advisable to make the following improvements:
(i) installation of sanitary sewer lift station, approximately 2,540 L.F. of 8” force main, wet well, electrical generator and power lines, manhole(s), meters, and related improvements, and (ii) 12’ wide gravel access road, fencing, gates, seeding, restoration, and all related improvements; City administrative costs; and legal fees.
(b) The maximum estimated or probable cost of the proposed improvements is: $1,325,000, including the costs of issuance of temporary notes and long-term bonds and the interest expense on temporary notes.
(c) The boundaries of the proposed improvement district are as described on the attached Exhibit A.
(d) The method of assessment is: the costs of the improvements shall be assessed against all of the property in the improvement district equally per square foot excluding those areas dedicated as public right of way, public parks, storm water retention or detention areas, association common areas, publicly owned easements or similar areas not containing residences.
(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 improvement district does not include all the property which may be deemed to be benefited by the proposed improvements.
(g) The persons or entities who signed the petition are willing to pay the costs of the proposed improvements as set forth in the petition.
SECTION 2. The improvements are authorized and ordered to be made in accordance with the findings of the Governing Body as set forth in Section 1 of this Resolution. General obligation bonds or notes are authorized to be issued in an aggregate amount not exceeding the estimated cost of the improvements, and the proceeds from such notes or bonds may be used to reimburse expenditures made by the City 60 days before and during the time after the date of this Resolution in accordance with United States Treasury Regulation 1.150-2.
SECTION 3. 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.
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Resolution – Tuscan Farm Sanitary Lift Station SBD
ADOPTED by the Governing Body of the City of Gardner, Kansas, on February 18, 2019.
CITY OF GARDNER, KANSAS
BOUNDARIES OF PROPOSED IMPROVEMENT DISTRICT
All that part of Section 2, Township 15, Range 22 in the City of Gardner, Johnson County, Kansas, described as follows:
Commencing at the Southeast corner of the Southeast quarter of said Section 2; thence North 2 degrees 49 minutes 15 seconds West, along the East Line of the Southeast quarter of said Section 2, a distance of 1321.88 feet to the point of beginning; thence South 88 degrees 19 minutes 16 seconds West, along the North lines of Lot 9, Freunds and Neighbors II, a subdivision in Johnson County, Kansas and Lots 4 through 8, Freunds and Neighbors, a subdivision in Johnson County, Kansas, a distance of 2,655.23 feet, to a point on the West Line of said Section 2; thence North 2 degrees 22 minutes 48 seconds West, along said West Line, a distance of 1318.21 feet, to a point on KDOT right-of-way; thence North 54 degrees 23 minutes 53 seconds East, along said KDot Right-of-way, a distance of 18.47 feet; thence North 52 degrees 01 minutes 54 seconds East, along said KDot Right-of-way, a distance of 292.85 feet; thence North 46 degrees 59 minutes 42 seconds East, along said KDot Right-of-way, a distance of 20.94 feet; thence North 34 degrees 47 minutes 25 seconds East, along said KDot Right-of-way, a distance 108.18 feet; thence North 89 degrees 00 minutes 13 seconds East, a distance of 1,376.19 feet, to a point on the West line of Nike School, a subdivision in the City of Gardner, Johnson County, Kansas; thence South 2 degrees 48 minutes 54 seconds East, along said West Line of Nike School, a distance of 608.79 feet; thence North 87 degrees 11 minutes 06 seconds East, along the South Line of said Nike School, a distance of 932.13, to a point on the East Line of said Section 2; thence South 2 degrees 49 minutes 15 seconds East, along said East Line of Section 2; a distance of 996.18 feet, to the point of beginning; containing 82.80 acres more or less.
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