RESOLUTION NO. 6655
A RESOLUTION SETTING OUT THE FINDINGS AND DETERMINATIONS OF THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS, AND ORDERING THE CONSTRUCTION OF PUBLIC IMPROVEMENTS 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, SUBGRADE STABILIZATION, STORMWATER IMPROVEMENTS, WATERLINES AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS.
WHEREAS, the Governing Body of the City of Lawrence, Kansas, did on June 13th, 2006 conduct the public hearing on the advisability of the following improvement:
WHEREAS, notice of such hearing was duly published as required by law; and
WHEREAS, the Governing Body did on June 13th, 2006 find and determine, and does hereby find and determine, in accordance with K.S.A. 12-6a01 et seq., all as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION I. That the Governing Body hereby finds, and finally determines, that it is advisable to make the following improvements:
a) General Nature of the 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.
(the Improvements).
b) Estimated or Probable Cost:
The estimated or probable cost of the improvements is $2,220,000 (to be increased at the pro-rata rate of 1 percent per month from and after the adoption date of this 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:
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°0407 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°0408 WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID QUARTER SECTION, 1339.07 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH 02°0138 WEST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID QUARTER SECTION, 1326.51 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 88°0324 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°0138 WEST, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID QUARTER SECTION, 982.13 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 88°0408 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°0408 EAST, ALONG SAID EAST LINE, 807.31 FEET TO SAID NORTH RIGHT-OF-WAY LINE OF WEST 6TH STREET; THENCE SOUTH 87°5520 WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 40.00 FEET; THENCE SOUTH 02°0240 EAST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 134.51 FEET; THENCE SOUTH 00°0604 WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 39.59 FEET; THENCE SOUTH 04°3131 WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 238.54 FEET; THENCE SOUTH 42°4040 WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 46.72 FEET; THENCE SOUTH 88°0434 WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 1167.98 FEET; THENCE NORTH 46°2855 WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 42.08 FEET; THENCE NORTH 02°1130 WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 239.58 FEET; THENCE SOUTH 87°5801 WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 40.00 FEET TO THE POINT OF BEGINNING. CONTAINS 37.705 ACRES, MORE OR LESS.
d) The method of assessment shall be:
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 may exempt, in whole or in part, certain property from special assessments made to pay the costs of acquiring land necessary for the construction of the improvements, the owner or owners or predecessors in title to which have dedicated or conveyed property necessary for the improvements. It is the intent of the governing body to require properties that have not dedicated the necessary property for the improvements 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.
SECTION II. The Improvement is hereby authorized and ordered to be made in accordance with the findings of the governing body upon the advisability of the improvement.
SECTION III. The City may adopt an ordinance establishing the maximum amount of special assessments prior to the construction of the improvement, all as provided by K.S.A. 12-6a09, as amended.
SECTION IV. The City expects to make capital expenditures on and after the date of adoption of this Resolution in connection with the Improvements, 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 estimated maximum principal amount of $2,220,000, (to be increased at the pro-rata rate of 1 percent per month from and after the adoption date of this resolution authorizing the Improvements) plus costs of issuance and plus costs of interest on any temporary financing.
SECTION V. The improvement shall not be commenced if, within 20 days after publication of this resolution, written protest signed by both 51% or more of the resident owners of record of property within the improvement district and the owners of record of more than half of the total area of said district are filed with the City Clerk.
SECTION VI. The City Clerk shall file a certified copy of this Resolution with the Register of Deeds of Douglas County, Kansas.
SECTION VII. This resolution shall be come effective upon its passage and publication once in the official city newspaper.
ADOPTED and passed this 13th day of June, 2006.
PASSED:
______________________________
Mike Amyx, Mayor
ATTEST:
_____________________________
Frank S. Reeb, City Clerk
Approved as to form and legality:
________________________________________
David L. Corliss Date
Interim City Manager & Director of Legal Services
Legal description approved by:
______________________________
Charles F. Soules, P.E. Date
Director of Public Works