(Published in The Hays Daily News June 18, 2013)
RESOLUTION NO. 2013-017 A RESOLUTION SETTING FORTH FINDINGS AND ETERMINATIONS 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 May 22, 2013, proposing certain improvements pursuant to K.S.A. 12-6a01 et seq. (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, 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WHEREAS, no signatures have been withdrawn from the petition before the Governing Body began consideration of the Petition; and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 the grading and paving of the alley between Anthony Drive and Harvest Road (as shown on the Replat of Lot 2, Block 9 of Golden Belt 8th Addition)(the “Improvements”
(b) The estimated cost of the Improvements is:
356,876.00, to be increased at the pro-rata rate of one percent per month from and after the adoption date of the resolution authorizing the Improvements, plus costs of issuance, and plus costs of interest on any temporary financing.
(c) The boundaries of the improvement district to be assessed are:
Lots One (1) thru Lot Twenty-Four (24), Replat of Lot 2, Block 9, Golden Belt Eighth Addition, Subdivision to the City of Hays, Ellis County, Kansas.
(d) The method of assessment shall be:
Equally per lot against all lots within the improvement district.
(e) The apportionment of cost between the improvement district and the city at large is:
Seventy percent (70%) of the costs of the Improvements shall be paid by the improvement district and thirty percent (30%) of the cost of the Improvements shall be paid by the city at large.
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.
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 $356,876.00, to be increased at the pro-rata rate of one percent per month from and after the adoption date of the resolution authorizing the Improvements, plus costs of issuance, and plus costs of interest on any temporary financing.
Section 4. The City Clerk shall file a certified copy of this Resolution with the Register of Deeds of Ellis County, Kansas.
Section 5. This Resolution shall take effect after its passage and publication once in the official city newspaper.
ADOPTED AND PASSED this 13th day of June, 2013.
KENT L. STEWARD