A RESOLUTION DIRECTING AND ORDERING A PUBLIC HEARING ON THE ADVISABILITY OF THE CONSTRUCTION OF OVERLAND DRIVE FROM THE INTERSECTION OF QUEENS ROAD WEST TO STONERIDGE DRIVE, APPROXIMATELY 1340 FEET, INCLUDING PROPERTY ACQUISITION, TRAFFIC CALMING/CONTROL DEVICES, INTERSECTION IMPROVEMENTS, BICYCLE FACILITIES, SIDEWALKS ON BOTH SIDES, SUBGRADE STABILIZATION, STORMWATER IMPROVEMENTS, WATERLINES AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
That a public hearing shall be held by the Governing Body of the City of Lawrence, Kansas, on the advisability of the following improvement:
The construction of Overland Drive from the intersection of Queens Road west to Stoneridge Drive, approximately 1340 feet, including property acquisition, traffic calming/control devices, intersection improvements, bicycle facilities, sidewalks on both sides, subgrade stabilization, stormwater improvements, waterlines and other necessary and appropriate improvements.
Said hearing shall be held on the 13th day of June, 2006, in the City Commission meeting room, City Hall, 6 East 6th Street, Lawrence, Kansas, at 6:35 p.m. or thereafter as provided by K.S.A. 12-6a01 et seq.
The City Clerk shall publish the following notice of such public hearing in the official city newspaper, at least two times, one week apart, and with the final publication at least three days before the hearing.
Notice is hereby given that the Governing Body of the City of Lawrence, Kansas, will meet for the purpose of holding a public hearing as provided by K.S.A. 12-6a01 et seq. in the City Commission meeting room, City Hall, 6 East 6th Street, Lawrence, Kansas on the 13th day of June, 2006, at 6:35 p.m. or thereafter as provided by K.S.A. 12-6a01 et seq., to consider the advisability of the following proposed improvement, to-wit:
(a) The general nature of the proposed improvement:
The construction of Overland Drive from the intersection of Queens Road west to Stoneridge Drive, approximately 1340 feet, including property acquisition, traffic calming/control devices, intersection improvements, bicycle facilities, sidewalks on both sides, subgrade stabilization, stormwater improvements, waterlines and other necessary and appropriate improvements.
(b) The proposed improvement district:
TRACT 1 – (Douglas County Plate No. – U13970, Michael D. Stultz)
THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 02°04’07” EAST, ALONG THE EAST LINE OF SAID QUARTER SECTION, 1326.79 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID QUARTER SECTION; THENCE SOUTH 88°04’08” WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID QUARTER SECTION, 1339.07 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH 02°01’38” WEST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID QUARTER SECTION, 1326.51 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 88°03’24” EAST, ALONG THE NORTH LINE OF SAID QUARTER SECTION, 1338.11 FEET TO THE POINT OF BEGINNING. CONTAINS 40.768 ACRES, MORE OR LESS.
TRACT 2 – (Douglas County Plate No. – U13970A, Turner-Douglas, LC)
A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY KANSAS, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE, 344.49 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID QUARTER SECTION, SAID POINT BEING ON THE NORTH RIGHT-OF-WAY LINE OF WEST 6TH STREET; THENCE NORTH 02°01’38” WEST, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID QUARTER SECTION, 982.13 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 88°04’08” EAST, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID QUARTER SECTION, 1339.07 FEET TO THE NORTHEAST CORNER THEREOF, AND THE EAST LINE OF SAID QUARTER SECTION; THENCE SOUTH 02°04’08” EAST, ALONG SAID EAST LINE, 807.31 FEET TO SAID NORTH RIGHT-OF-WAY LINE OF WEST 6TH STREET; THENCE SOUTH 87°55’20” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 40.00 FEET; THENCE SOUTH 02°02’40” EAST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 134.51 FEET; THENCE SOUTH 00°06’04” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 39.59 FEET; THENCE SOUTH 04°31’31” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 238.54 FEET; THENCE SOUTH 42°40’40” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 46.72 FEET; THENCE SOUTH 88°04’34” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 1167.98 FEET; THENCE NORTH 46°28’55” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 42.08 FEET; THENCE NORTH 02°11’30” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 239.58 FEET; THENCE SOUTH 87°58’01” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 40.00 FEET TO THE POINT OF BEGINNING. CONTAINS 37.705 ACRES, MORE OR LESS.
(c) The estimated or probable cost of the improvements is $2,220,000, plus costs of issuance and plus costs of interest on any temporary financing. Said estimated cost as herein set forth is hereby increased at the pro-rata rate of 1 percent per month from and after the adoption date of the resolution.
(d) The method of assessment:
The initial method of assessment shall be to assess 50% of the costs of the improvements to each of the two tracts within the benefit district.
If a tract is further subdivided, each subdivided parcel within such tract shall be assessed for costs of the improvements based on the total costs of the improvements assessed against such tract multiplied by the total square footage of the subdivided parcel and divided by the total square footage of the subdivided tract (exclusive of property dedicated to the public).
(e) The apportionment of costs shall be:
The apportionment of costs shall be one hundred percent (100%) of the cost of the improvement shall be paid by the improvement district and zero percent (0%) of the cost of the improvement by the City-at-large.
(f) Pursuant to K.S.A. 12-692, the governing body shall have the authority to exempt property, the owner or owners or predecessors in title to which have dedicated or conveyed property necessary for the extension of the street improvement, from that portion of the benefit district special assessments for the costs of acquiring land necessary for the extension of the street improvement. It being the intent of the governing body to require properties which have not dedicated the necessary property for the improvement to bear the cost of acquiring such property.
(g) The improvement district shall provide not less than 25% of the actual engineering and construction costs for street, sidewalk, and storm sewer improvements to the City of Lawrence prior to the City incurring any monetary obligation for engineering work or construction improvements.
The hearing may be adjourned from time to time and until the Governing Body shall have made findings by resolution as to the advisability of the improvement, the nature of the improvement, the estimated cost, the boundaries of the improvement district, the method of assessment and the apportionment of cost between the improvement district and the city-at-large, all as finally determined by the governing body.
This resolution shall become effective upon its publication in the official City Newspaper.
ADOPTED by the governing body of the City of Lawrence, Kansas, this 9th day of
May, 2006.
PASSED:
______________________________
Mike Amyx, Mayor
ATTEST:
____________________________
Frank S. Reeb, City Clerk Date
Legal description approved by:
______________________________
Charles F. Soules, P.E. Date
Director of Public Works