RESOLUTION NO. 6702
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 STONERIDGE DRIVE FROM THE INTERSECTION OF WEST 6TH STREET (U.S. HIGHWAY 40) NORTH APPROXIMATELY 1300 FEET, INCLUDING A RIGHT-TURN LANE ON 6TH STREET, SIDEWALKS ON BOTH SIDES, 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 February 6th, 2007 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 March 6th, 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 Stoneridge Drive from the intersection of West 6th Street (U.S. Highway 40) north approximately 1300 feet, including A RIGHT-TURN LANE ON 6TH sTREET, SIDEWALKS ON BOTH SIDES, property acquisition, traffic calming/control devices, intersection improvements, bicycle facilities, 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 $2,750,000 (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 proposed improvement district:
TRACT 1 TURNER
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.
TRACT 2 ST. MARGARETS EPISCOPAL CHURCH
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:
LOT 1, ST. MARGARETS ESPISCOPAL CHURCH ADDITION. CONTAINS 9.271 ACRES, MORE OF LESS.
TRACT 3 CITY WATER TOWER
A TRACT OF LAND IN THE WEST ONE-HALF OF THE SOUTHEAST QUARTER OF SECION 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 EAST LINE, 344.49 FEET NORTH OF THE SOUTHEAST CORNER OF THE WEST ONE-HALF OF SAID QUARTER SECTION; THENCE NORTH 02°0138 WEST, ALONG SAID EAST LINE, 345.51 FEET; THENCE SOUTH 88°0434 WEST, 400.00 FEET; THENCE SOUTH 02°0138 EAST, 400.00 FEET; THENCE NORTH 88°0434 EAST, 360.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WEST 6TH STREET; THENCE NORTH 02°0138 WEST, ALONG SAID RIGHT-OF-WAY LINE, 54.42 FEET; THENCE NORTH 87°5822 EAST, ALONG SAID RIGHT-OF-WAY LINE, 40.00 FEET TO THE POINT OF BEGINNING. CONTAINS 3.623 ACRES, MORE OR LESS.
TRACT 4 OREGON TRAIL
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, 690.00 FEET NORTH OF THE SOUTHWEST CORNER OF SAID QUARTER SECTION; THENCE NORTH 01°5909 WEST, ALONG SAID WEST LINE, 1962.89 FEET TO THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE NORTH 88°0358 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°0138 EAST, ALONG THE EAST LINE OF SAID WEST ONE-HALF, 1963.13 FEET; THENCE SOUTH 88°0434 WEST, 1339.53 FEET TO THE POINT OF BEGINNING. CONTAINS 60.333 ACRES, MORE OR LESS.
d) The method of assessment:
1.) Property located east of Stoneridge Drive shall be assessed for 50% of the costs of the improvements apportioned to the improvement district, which is the ratio of the front footage of the improvement district located east of Stoneridge Drive to the entire front footage of Stoneridge Drive in the district.
2.) Property in the district located west of Stoneridge Drive shall be assessed for 50% of the costs of the improvements apportioned to the improvement district, which is the ratio of the front footage of the improvement district located west of Stoneridge Drive to the entire front footage of Stoneridge Drive in the district.
3.) Costs allocated in paragraph (i) shall be allocated per square foot for each parcel of property located east of Stoneridge Drive, and costs allocated in paragraph (ii) shall be allocated per square foot for each parcel of property located west of Stoneridge Drive.
e) 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; except that the City-at-large shall up to $60,000 for the additional width of Stoneridge Drive required at the intersection of Stoneridge Drive and West 6th Street and the improvement district shall pay any costs in excess of $60,000 for the additional width of the improvement required at the intersection of Stoneridge Drive and West 6th Street.
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) This public hearing is to amend the benefit district previously approved by the City Commission on April 4, 2006 by Resolution 6639. The amended project includes: the construction of a right turn lane on 6th Street, additional traffic calming/control devices for the intersection at 6th Street, updated cost estimates, and right-of-way acquisition.
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 $2,750,000, (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.
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.
This resolution shall be come effective upon its publication in the official city newspaper.
ADOPTED and passed this 6th day of March, 2007.
PASSED:
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Mike Amyx, Mayor
ATTEST:
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Frank S. Reeb, City Clerk
Approved as to form and legality:
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Toni Wheeler Date
Interim Director of Legal Services
Legal description approved by:
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Charles F. Soules, P.E. Date
Director of Public Works