A RESOLUTION DIRECTING AND ORDERING A PUBLIC HEARING ON THE ADVISABILITY OF THE CONSTRUCTION OF GEORGE WILLIAMS WAY FROM THE INTERSECTION OF WEST 6TH STREET (U.S. HIGHWAY 40) NORTH APPROXIMATELY 1227 FEET TO OVERLAND DRIVE, INCLUDING PROPERTY ACQUISITION, TRAFFIC CALMING/CONTROL DEVICES, TRAFFIC SIGNALS AT 6TH STREET, INTERSECTION IMPROVEMENTS, BICYCLE FACILITIES, SIDEWALKS ON BOTH SIDES, SUBGRADE STABILIZATION, STORMWATER IMPROVEMENTS, ROUNDABOUT, WATERLINES WITHIN THE PUBLIC RIGHT OF WAY, POWERLINE RELOCATION, AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
Section 1. 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 George Williams Way from the intersection of West 6th Street (U.S. Highway 40) north approximately 1,227 feet to Overland Drive, including property acquisition, traffic calming/control devices, traffic signals at 6th Street, intersection improvements, bicycle facilities, sidewalks on both sides, subgrade stabilization, stormwater improvements, roundabout, waterlines within the public right of way, powerline relocation, and other necessary and appropriate improvements.
Section 2. Said hearing shall be held on the 15th day of May, 2007, 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.
Section 3. 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 15th day of May, 2007, 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 George Williams Way from the intersection of West 6th Street (U.S. Highway 40) north approximately 1,227 feet to Overland Drive, including property acquisition, traffic calming/control devices, traffic signals at 6th Street, intersection improvements, bicycle facilities, sidewalks on both sides, subgrade stabilization, stormwater improvements, roundabout, waterlines within the public right of way, powerline relocation, and other necessary and appropriate improvements.
(b) The proposed improvement district shall consist of those tracts of land shown on the map attached hereto as EXHIBIT A, and legally described as follows:
A TRACT OF LAND IN THE SOUTHWEST 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 EAST LINE, 344.49 FEET NORTH OF THE SOUTHEAST CORNER OF SAID QUARTER SECTION, SAID POINT BEING ON THE NORTH RIGHT-OF-WAY LINE OF US 40/WEST 6TH STREET; THENCE SOUTH 88°00'51" WEST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 50.00 FEET; THENCE SOUTH 01°59'09" EAST, ALONG SAID RIGHT-OF-WAY LINE, 244.10 FEET; THENCE SOUTH 88°27'24" WEST, ALONG SAID RIGHT-OF-WAY LINE, 612.83 FEET; THENCE NORTH 86°31'32" WEST, ALONG SAID RIGHT-OF-WAY LINE, 508.57 FEET; THENCE SOUTH 87°49'32" WEST, ALONG SAID RIGHT-OF-WAY LINE, 550.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF THE SOUTH LAWRENCE TRAFFICWAY; THENCE NORTH 14°23'48" WEST, ALONG SAID RIGHT-OF-WAY LINE, 253.46 FEET; THENCE NORTH 32°50'50" WEST, ALONG SAID RIGHT-OF-WAY LINE, 896.17 FEET; THENCE NORTH 02°42'21" WEST, ALONG SAID RIGHT-OF-WAY LINE, 933.78 FEET; THENCE ALONG SAID RIGHT-OF-WAY LINE ON A 4069.72 FOOT RADIUS CURVE TO THE LEFT WITH A 554.59 FOOT CHORD BEARING NORTH 06°36'46" WEST, AN ARC DISTANCE OF 555.02 FEET TO THE NORTH LINE OF SAID QUARTER SECTION; THENCE NORTH 88°04'03" EAST, ALONG SAID NORTH LINE, 2289.72 FEET TO THE NORTHEAST CORNER THEREOF; THENCE SOUTH 01°59'09" EAST, ALONG THE EAST LINE OF SAID QUARTER SECTION, 2308.39 FEET TO THE POINT OF BEGINNING. CONTAINS 122.652 ACRES, MORE OR LESS.
TRACT 2 ROOT L.C. (GRAHAM)
A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE, 344.49 FEET NORTH OF THE SOUTHWEST CORNER OF SAID QUARTER SECTION, SAID POINT BEING ON THE NORTH RIGHT-OF-WAY LINE OF US 40; THENCE NORTH 01°5909 WEST, ALONG SAID WEST LINE, 345.51 FEET; THENCE NORTH 88°0434 EAST, 407.83 FEET; THENCE SOUTH 02°0138 EAST, 615.00 FEET TO SAID NORTH LINE OF WEST 6TH STREET; THENCE SOUTH 88°0434 WEST, ALONG SAID NORTH LINE, 326.87 FEET; THENCE NORTH 43°3056 WEST, ALONG SAID NORTH LINE, 44.48 FEET; THENCE NORTH 02°2700 WEST, ALONG SAID NORTH LINE, 236.29 FEET; THENCE SOUTH 88°0051 WEST, ALONG SAID NORTH LINE, 50.00 FEET TO THE POINT OF BEGINNING. CONTAINS 5.434 ACRES, MORE OR LESS.
TRACT 3 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.
(c) The estimated or probable cost of the improvements is $3,350,000, 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:
Property in the district located east of George Williams Way 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 George Williams Way to the entire front footage of George Williams Way in the district. Such assessments against the property located east of George Williams Way shall be assessed for such costs based on the ratio of the front footage of each lot and parcel located east of George Williams Way to the total front footage of the improvement district located east of George Williams Way, and shall be spread on a square footage basis thereafter.
Property in the district located west of George Williams Way 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 George Williams Way to the entire front footage of George Williams Way in the district. Such assessments against the property located west of George Williams Way shall be spread on a square footage basis thereafter.
(e) The apportionment of costs shall be:
One hundred percent (100%) of the cost of the improvement shall be paid by the improvement district except that the City-at-large shall pay $100,000 and the improvement district shall pay all costs in excess of the $100,000.
(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 is the intent of the governing body to require properties that have not dedicated the necessary property for the improvement to bear the cost of acquiring such property.
(g) As a condition to proceeding with the improvement, the City shall require that the improvement district 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.
Section 4. This resolution shall become effective upon its adoption by the governing body.
ADOPTED by the governing body of the City of Lawrence, Kansas, this _____day of
__________________2007.
PASSED:
______________________________
Sue Hack, Mayor
ATTEST:
____
Frank S. Reeb, City Clerk Date
Approved as to form and legality:
_______________________________
Toni Wheeler Date
Director of Legal Services
Legal description approved by:
Charles F. Soules, P.E. Date
Director of Public Works