RESOLUTION NO.  6707

                                        

A RESOLUTION SETTING OUT THE FINDINGS AND DETERMINATIONS OF THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS, AND ORDERING THE CONSTRUCTION OF A PUBLIC PARK INCLUDING PARK FACILITIES AND EQUIPMENT, RECREATION PATHS, STORMWATER IMPROVEMENTS AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS.

 

 

WHEREAS, the Governing Body of the City of Lawrence, Kansas, did on February 27th, 2007 conduct the public hearing on the advisability of the following improvement: 

 

THE CONSTRUCTION OF A PUBLIC PARK INCLUDING PARK FACILITIES AND EQUIPMENT, RECREATION PATHS, STORMWATER IMPROVEMENTS AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS APPURTENANT THERETO

 

WHEREAS, notice of such hearing was duly published as required by law; and

 

WHEREAS, the Governing Body did on February 27th, 2007 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 A PUBLIC PARK INCLUDING PARK FACILITIES AND EQUIPMENT, RECREATION PATHS, STORMWATER IMPROVEMENTS AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS APPURTENANT THERETO. 

 

 (the “Improvements”).

 

 b)        Estimated or Probable Cost:

 

The estimated or probable cost of the improvements is $811,000 (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 Improvement District shall consist of:

 

Parcel 1 – Douglas County Plate No. U13969B - Oregon Trail Holdings, LC (to be platted as Oregon Trail Addition: A Subdivision of the City of Lawrence, Kansas).

 

A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN, IN DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS:

 

BEGINNING AT A POINT ON THE WEST LINE, 690.00 FEET NORTH OF THE SOUTHWEST CORNER OF SAID QUARTER SECTION; THENCE NORTH 01°59'09" WEST, ALONG SAID WEST LINE, 1962.89 FEET TO THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE NORTH 88°03'58" EAST, ALONG THE NORTH LINE OF SAID QUARTER SECTION, 1338.11 FEET TO THE NORTHEAST CORNER OF THE WEST ONE HALF OF SAID QUARTER SECTION; THENCE SOUTH 02°01'38" EAST, ALONG THE EAST LINE OF SAID WEST ONE HALF, 1963.13 FEET; THENCE SOUTH 88°04'34" WEST, 1339.53 FEET TO THE POINT OF BEGINNING.  CONTAINS 60.333 ACRES, MORE OR LESS.

 

LESS THE FOLLOWING DESCRIBED TRACT:

 

BEGINNING AT A POINT ON THE NORTH LINE, 398.76 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN; THENCE NORTH 88°03’58” EAST, ALONG SAID NORTH LINE, 449.44 FEET; THENCE SOUTH 02°01’39” EAST, 40.00 FEET; THENCE SOUTH 88°03’58” WEST, 115.00 FEET; THENCE SOUTH 02°01’39” EAST, 353.36 FEET; THENCE NORTH 87°58’21” EAST, 115.00 FEET; THENCE SOUTH 02°01’39” EAST, 20.00 FEET; THENCE SOUTH 87°58’21” WEST, 115.00 FEET; THENCE SOUTH 02°01’39” EAST, 287.73 FEET; THENCE SOUTH 28°44’07” EAST, 299.26 FEET; THENCE SOUTH 01°59’02” EAST, 225.62 FEET; THENCE ON A 1240.00 FOOT RADIUS CURVE TO THE LEFT WITH A 50.32 FOOT CHORD BEARING NORTH 85°29’49” WEST, AN ARC DISTANCE OF 50.33 FEET; THENCE NORTH 01°59’02” WEST, 208.05 FEET; THENCE NORTH 28°44’07” WEST, 298.53 FEET; THENCE NORTH 05°54’22” WEST, 308.66 FEET; THENCE NORTH 71°48’33” WEST, 141.79 FEET; THENCE SOUTH 75°19’03” WEST, 167.99 FEET; THENCE SOUTH 88°00’51” WEST, 125.83 FEET; THENCE NORTH 01°59’02” WEST, 20.00 FEET; THENCE NORTH 88°00’51” EAST, 123.66 FEET; THENCE NORTH 01°59’09” WEST, 90.00 FEET; THENCE NORTH 21°37’04” EAST, 87.30 FEET; THENCE NORTH 01°59’02” WEST, 204.02 FEET TO THE POINT OF BEGINNING. CONTAINS 4.282 ACRES, MORE OR LESS.

 

ALSO LESS THE FOLLOWING DESCRIBED TRACT:

 

BEGINNING AT A POINT WHICH IS NORTH 88°03’58” EAST, 60.00 FEET ALONG THE NORTH LINE, AND SOUTH 01°59’09” EAST, 374.33 FEET FROM THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN; THENCE NORTH 88°00’51” EAST, 120.14 FEET; THENCE SOUTH 01°59’02” EAST, 20.00 FEET; THENCE SOUTH 88°00’51” WEST, 120.14 FEET; THENCE NORTH 01°59’09” WEST, 20.00 FEET TO THE POINT OF BEGINNING. CONTAINS 0.055 ACRE, MORE OR LESS.

 

d)     The method of assessment:

 

Each lot and parcel within the Improvement District shall be assessed based on a ratio of the square footage of each lot or parcel to the square footage of the entire Improvement District.

       

e)     The apportionment of costs shall be:

 

One hundred percent (100%) of the cost of the Improvements 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.

 

SECTION II.  The Improvements are hereby authorized and ordered to be made in accordance with the findings of the governing body upon the advisability of the Improvements.

 

SECTION III. The City may adopt an ordinance establishing the maximum amount of special assessments prior to the construction of the Improvements, 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 $811,000, (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 Improvements 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.

This Resolution shall become effective upon its publication in the official city newspaper.

 

 

 

 

 

 

ADOPTED and passed this 27th day of February, 2007.

                                               

                                                                       

                                                                        PASSED:

 

 

                                                                        ______________________________

                                                                        Mike Amyx, Mayor

 

 

 

ATTEST:

 

_______________________________

Frank S. Reeb, City Clerk

 

 

Approved as to form and legality:

 

 

_______________________________

Toni Wheeler                                     Date

Interim Director of Legal Services

 

 

Legal description approved by:

 

 

_______________________________

Charles F. Soules, P.E.         Date

Director of Public Works