(Published in the Gardner News on August 29, 2018)

RESOLUTION NO. 18-1071

A RESOLUTION DETERMINING THE ADVISABILITY OF THE MAKING OF CERTAIN INTERNAL IMPROVEMENTS IN THE CITY OF OLATHE, KANSAS; MAKING CERTAIN FINDINGS WITH RESPECT THERETO; AND AUTHORIZING AND PROVIDING FOR THE MAKING OF THE IMPROVEMENTS IN ACCORDANCE WITH SUCH FINDINGS.

WHEREAS, a petition (the “Petition”) was filed with the City Clerk of the City of Olathe, 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, the governing body of the City hereby finds and determines that said Petition was signed by 100% of the owners of record in the area 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 OLATHE, KANSAS:

Section 1. Findings of Advisability. The governing body hereby finds and determines that:

(a) It is advisable to make the following improvements, and hereby authorizes and orders the following improvements to be made in accordance with K.S.A. 12-6a01 et seq:

Installation of sanitary sewer lines from existing South Cedar Creek Sanitary Sewer southeast of 167th Street and Hedge Lane, north along S. Erickson Street, approximately 2600 lineal feet, to include 6, 8, 10 and 12” sanitary sewer consisting of PVC and DIP pipe

(collectively, the “Improvements”).

(b) The estimated or probable cost of the proposed Improvements is:

One Million One-Hundred Fifty Two Thousand, One Hundred Sixty-Three Dollars and Forty-One Cents ($1,152,163.41)

(the “Improvement Costs”).

(c) The extent of the improvement district (the “Improvement District”) to be assessed for the cost of the Improvements is the following legally described property, but excluding all dedicated public right of way within such area:

See Exhibit A attached hereto.

(d) The method of assessment is:

Equally per square foot located in the Improvement District.

(e) The apportionment of the cost of the Improvements between the Improvement District and the City-at-large is:

One hundred percent (100%) to be assessed against the Improvement District and no costs (0%) to be paid by the City-at-large.

Section 2. Authorization of Improvements. The above said 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. Development Agreement. The Improvement District Development Agreement between the City and LE Commerce Center, LLC, related to the Improvements is hereby approved in substantially the form presented to the governing body on this date, and the Mayor and Clerk are hereby authorized and directed to execute such agreement with such changes as shall be acceptable to the Mayor. The Mayor, Clerk and other City officials are hereby further authorized and directed to execute any and all documents and take such actions as they may deem necessary or advisable in order to carry out and perform the purposes of this Resolution and the agreement.

Section 5. 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 Johnson County, Kansas.

[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]

ADOPTED by the governing body of the City on ______, 2018.

(SEAL) By:
Title: Mayor
ATTEST:

By:
Title: City Clerk

EXHIBIT A

Legal Description of Improvement District

222??

??

2

Doc1 exhibit a 18071 A

A-1