RESOLUTION NO. 011717-B Published in The Manhattan Mercury on January 22, 2017. A RESOLUTION REPEALING RESOLUTION NO. 050316-A, AND MAKING NEW AND AMENDED FINDINGS AS TO THE ADVISABILITY AND AUTHORIZING CONSTRUCTION OF AN IMPROVEMENT UNDER AND PURSUANT TO K.S.A. 12-6a, et seq. WHEREAS, an amended petition (the "Amended Petition") was filed with the City Clerk on the 10th day of January, 2017, requesting a modification to a benefit district previously authorizing sanitary sewer improvements for Hartford Addition, Project No. SS1622 and the Governing Body of the City hereby finds the Amended Petition to be sufficient. WHEREAS, the original petition (the "Original Petition") was accepted and Resolution No. 050316-A (the "Original Resolution") was approved and was filed at Book 866, Page 4341 of the records of the Riley County Register of Deeds; and, WHEREAS, the Petitioner, both in the Original Petition and herein, Burton Land Company, LLC, owns all of the property within the Improvement District, as established by the Original Resolution, and as proposed herein; and WHEREAS, a portion of The Hartford Addition has been replatted into The Hartford Addition, Unit 2, in order to correct an error in the original plat; and WHEREAS, the Amended Petition requested that the City Commission amend, and replace the benefit district, as established by the Original Resolution, in order to conform to the replat, and in order to increase the estimated or probable cost; and WHEREAS, the Amended Petition further requested that the Original Petition be withdrawn, set aside and declared null and void, and that the Original Resolution be repealed. NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF MANHATTAN, KANSAS: The Original Petition is hereby permitted to be withdrawn, set aside and declared null and void. The Original Resolution is hereby repealed. BE IT FURTHER RESOLVED, that the following findings as to the advisability of the construction of said improvements are hereby made to-wit: a. GENERAL NATURE OF IMPROVEMENT: Preliminary Engineering and Construction of approximately 4,500-feet of 8-inch SDR 26 sanitary sewer gravity main, 18 manholes, and related appurtenances necessary to serve The Hartford Addition and The Hartford Addition, Unit 2, both additions to the City of Manhattan, Riley County, Kansas, with sanitary sewer service. b. PROPOSED IMPROVEMENT DISTRICT: Lots 1-9 and 14-21 of The Hartford Addition, an Addition to the City of Manhattan, Riley County, Kansas; and Lots 1-4 of The Hartford Addition, Unit Two, an Addition to the City of Manhattan, Riley County, Kansas. The boundaries of the Improvement District cannot be modified; however, in the event tracts or lots within the boundaries of the Improvement District are altered, prior to the adoption of any ordinance levying assessments in accordance with this Resolution, by a replat, lot split or boundary line adjustment accepted by the City, the legal description of the Improvement District shall be automatically adjusted to be consistent with such action and the levying ordinance shall be applied to such adjusted description. However, the acceptance of this Amended Petition does not require the city to approve any such requested replat, lot split or boundary line adjustment. c. ESTIMATED OR PROBABLE COST: Five Hundred and Twenty-Three Thousand Dollars and no/cents ($523,000.00) d. METHOD OF ASSESSMENT: Lots 1-9 and 14-21 The Hartford Addition: 1 share each (equal share per lot) Lots 1-4, The Hartford Addition, Unit Two: 1 share each (equal share per lot) Total Shares 21. In the event all or part of the lots in the Improvement District are altered by replat, boundary line adjustment or lot split accepted by the City and before assessments have been levied, the assessments against the Improvement District, as modified by such action, shall be applied on an equal share per lot, as those lots exist after such action. In the event a lot or lots within the Improvement District are altered by replat, boundary line adjustment or lot split accepted by the city after assessments have been levied by ordinance, the assessment applicable to the lot(s) so altered shall be apportioned to the new lot(s) based upon the relative square footage of those new lots. However, the acceptance of this petition does not require the City to approve any such requested replat, boundary line adjustment or lot split. e. APPORTIONMENT OF COSTS: Improvement District: 100% One Hundred Percent City-At-Large: 0% Zero Percent BE IT FURTHER RESOLVED, that the City Engineer or his authorized representative of the City of Manhattan, Kansas, be and is hereby appointed and directed to prepare under oath a detailed estimate of the cost of said improvement together with plans and specifications therefore, and file the same with the City Clerk for consideration and action thereon by the Governing Body of the City of Manhattan, Kansas. BE IT FURTHER RESOLVED, K.S.A. 12-6a, et seq., provides for the abovesaid improvements to be paid by the issuance of general 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. BE IT FURTHER RESOLVED, that the above described improvement is hereby authorized and declared to be necessary in accordance with the findings of the Governing Body as set out in this resolution, and that this resolution shall take effect and be in force from and after its passage and publication once in The Manhattan Mercury. BE IT FURTHER RESOLVED, that this resolution shall be filed with the Riley County Register of Deeds Office. BE IT FURTHER RESOLVED, that the benefit district portion of the cost of the above described improvement shall be bonded for twenty (20) years. ADOPTED AT Manhattan, Kansas, this 17th day of January, 2017. _________________________ Usha Reddi, Mayor ATTEST: _________________________ Gary S. Fees, MMC, City Clerk
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RESOLUTION NO. 011717-E First Published in The Manhattan Mercury on January 22, 2017. Subsequently Published on January 29, 2017. A RESOLUTION SETTING THE TIME AND PLACE AND PROVIDING FOR NOTICE OF A HEARING TO DETERMINE WHETHER THE STRUCTURE LOCATED AT 1119 EL PASO LANE, MANHATTAN, RILEY COUNTY, KANSAS, IS AN UNSAFE OR DANGEROUS STRUCTURE. WHEREAS, pursuant to K.S.A. 12-1752, the Building Official of the City of Manhattan has submitted a written report to the governing body stating that the structure described herein is unsafe or dangerous and providing the reasons therefore; and, WHEREAS, the structure is located on the property commonly known as 1119 El Paso Lane, Manhattan, Riley County, Kansas, and legally described as follows: WARD 5, LOTS 507 and 508 ; ("the Structure") and, WHEREAS, the governing body desires to conduct a hearing pursuant to K.S.A. 12-1753, at which time and place the owner, the owner's agent, any lienholders of record, and/or any occupants of the Structure may appear and show cause why the Structure should not be condemned and ordered repaired or demolished. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF MANHATTAN, KANSAS: SECTION 1. That a hearing pursuant to K.S.A. 12-1753 shall be held on March 7, 2017, in the City Commission Room of the City of Manhattan City Hall, 1101 Poyntz Avenue, Manhattan, Kansas, during the City Commission's normally scheduled legislative meeting, which begins at 7:00 p.m. The purpose of such hearing shall be to determine whether the Structure is unsafe or dangerous. SECTION 2. At such hearing, the governing body shall hear the evidence submitted by the Building Official, and all evidence submitted by the Structure's owner, owner's agent, lienholders of record and/or occupants having an interest in the Structure. SECTION 3. That the Building Official shall make a reasonable attempt to determine the names and address of each owner, any owner's agent, any lienholder of record, and any occupants of the Structure, and within three days after the first publication, shall mail a copy of this Resolution by certified mail marked "Deliver to Addressee Only" to each of them at their last known address. SECTION 4. That this resolution shall be published once a week for two consecutive weeks in the official City newspaper. PASSED AND APPROVED THIS 17TH DAY OF JANUARY, 2017, BY THE GOVERNING BODY OF THE CITY OF MANHATTAN, KANSAS. ________________________ Usha Reddi, Mayor ATTEST: ________________________ Gary S. Fees, MMC, City Clerk
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