Details for RESOLUTION NO. 2016-010

(Published in The Hays Daily News November 18, 2016)

RESOLUTION NO. 2016-010

A RESOLUTION SETTING FORTH FINDINGS AND DETERMINATIONS OF THE GOVERNING BODY OF THE CITY OF HAYS, KANSAS ON THE ADVISABILITY OF AND AUTHORIZING THE CONSTRUCTION OF CERTAIN IMPROVEMENTS PURSUANT TO K.S.A. 12-6a01 et seq.

WHEREAS, a petition was filed with the City Clerk for the City of Hays, Kansas (the “City”) on October 3, 2016, proposing certain improvements pursuant to K.S.A. 12-6a01 et seq., and specifically K.S.A. 12-6a04(c) (the “Petition”); and

WHEREAS, the 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. 12-6a04(a); and

WHEREAS, the property located south of the proposed Improvements is outside of the City limits; and

WHEREAS, since such property is outside of the City limits, the Governing Body finds that all of the property benefited by the Improvements (defined below) is included in the proposed improvement district; and

WHEREAS, all the owners of record of property located within the proposed improvement district have signed the Petition; and

WHEREAS, no signatures have been withdrawn from the petition before the Governing Body began consideration of the Petition; and

WHEREAS, K.S.A. 12-6a04 provides that the Governing Body may authorize and order public improvements without notice and hearing after a sufficient petition has been filed.

NOW THEREFORE, BE IS RESOLVED BY THE GOVERNING BODY OF THE CITY OF HAYS, KANSAS, AS FOLLOWS:

Section 1. The Governing Body hereby finds that the Petition is sufficient, and further finds and determines that it is necessary and advisable to make the following improvements:

(a) The nature of the improvements are as follows:

The installation of water lines, sanitary sewer lines, and storm sewers along, and with the grading, paving, curbing and guttering of 9th St. (the “Improvements”), all in the Heart of America Second Addition to the City of Hays, Kansas

(the “Improvements”).

(b) The estimated cost of the Improvements is:

Five hundred forty thousand dollars ($540,000.00) to be increased at the pro-rata rate of

½ percent per month from and after the date of adoption of this resolution, plus cost of issuance and plus costs of interest on any temporary financing.

(c) The boundaries of the improvement district to be assessed are:

Lot One (1), Lot Two (2), and Lot Three (3) of the Heart of America Second Addition to the City of Hays, Ellis County Kansas.

(d) The method of assessment shall be:

Each lot shall be assessed based on a percentage of developable area of each lot within the overall District. The total project costs shall be assessed to each lot as follows:

Lot Description Developable

Area (Ac)/Lot % of Development / Assessment

Lot #1 2.957 24.93 %

Lot #2 2.531 21.34 %

Lot #3 6.373 53.73 %

Total 11.861 100.00 %

(e) The apportionment of cost between the improvement district and the city at large is:

The cost of the Improvements shall be assessed 100% to the Improvement District.

Section 2. The Governing Body hereby declares that the Improvements described in this Resolution are necessary, and authorizes them to be made in accordance with the findings set forth in this Resolution, and further authorizes the levying of assessments and the issuance of bonds therefore, all in accordance with K.S.A. 12-6a01 et seq. and specifically K.S.A. 12-6a04(c).

Section 3. The City expects to make capital expenditures from and after the date of this Resolution in connection with the Improvements described herein, and intends to reimburse itself for such expenditures with the proceeds of one or more series of general obligation bonds and temporary notes of the City in the maximum principal amount of $540,000.00.

Section 4. The City Clerk is hereby authorized and directed to make progress payments to the contractors for materials furnished and for labor performed under the contract when estimates therefore are presented to him/her which have been properly certified by the City Engineer, so long as the aggregate payments do not exceed the total contract price.

Section 5. The City Clerk shall file a certified copy of this Resolution with the Register of Deeds of Ellis County, Kansas.

Section 6. This Resolution shall take effect after its passage and publication once in the official city newspaper.

ADOPTED AND PASSED this 27th day of October, 2016.

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(SEAL) Shaun Musil, Mayor

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Brenda Kitchen, City Clerk

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