RESOLUTION NO. 6662

 

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) SOUTH TO KEN RIDGE DRIVE, APPROXIMATELY 671 FEET AND A ROUNDABOUT AT THE INTERSECTION OF GEORGE WILLIAMS WAY AND KENRIDGE DRIVE, INCLUDING STREET CONSTRUCTION, 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, UTILITY 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) south to Ken Ridge Drive, approximately 671 feet and a roundabout located at the intersection of George Williams Way and Kenridge Drive, including street construction, 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, utility 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 OF PUBLIC 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) south to Ken Ridge Drive, approximately 671 feet and a roundabout located at the intersection of George Williams Way and Kenridge Drive, including street construction, 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, utility 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:

 

TRACT 1 – (Douglas County Plate No. – U15804-001, Diamondhead Limited Partnership)

LOT 1, BLOCK 1, DIAMONDHEAD, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

TRACT 2 – (Douglas County Plate No. – U15804-002, Diamondhead Limited Partnership)

LOT 2, BLOCK 1, DIAMONDHEAD, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

TRACT 3 – (Douglas County Plate No. – U15804-003, Diamondhead Limited Partnership)

LOT 3, BLOCK 1, DIAMONDHEAD, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

(c)      The estimated or probable cost of the improvements is $1,618,500, 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 method of assessment shall be equally per square foot.

(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 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