ORDINANCE NO. 8121
AN ORDINANCE LEVYING THE MAXIMUM ASSESSMENTS ON LOTS, PIECES AND PARCELS OF LAND IN THE CITY OF LAWRENCE, KANSAS, TO PAY THE COSTS FOR THE CONSTRUCTION OF A LEFT TURN LANE, WEST BOUND ON KANSAS HIGHWAY 10 (K-10) AT THE INTERSECTION OF E 1600 ROAD (O’CONNELL ROAD), AND AN EAST BOUND DECELERATION LANE ON KANSAS HIGHWAY 10 (K-10), AT THE INTERSECTION OF E 1600 ROAD (O’CONNELL ROAD) INCLUDING PROPERTY ACQUISITION, INTERSECTION IMPROVEMENTS, SUBGRADE STABILIZATION, AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS, AS AUTHORIZED BY RESOLUTION 6686.
WHEREAS, the Governing Body of the City of Lawrence, Kansas (the City), by Resolution No. 6686 authorized the construction of a left turn lane, west bound on Kansas Highway 10 (K-10) at the intersection of E 1600 Road (O’Connell Road), and an east bound deceleration lane on Kansas Highway 10 (K-10), at the intersection of E 1600 Road (O’Connell Road) including property acquisition, intersection improvements, sub-grade stabilization, and other necessary and appropriate improvements.
WHEREAS, Resolution No. 6686 established that the improvements be assessed prior to construction; and,
WHEREAS, pursuant to K.S.A. 12-6a09, subsection (c), the maximum amount of assessment has been determined for each lot, piece or parcel of land deemed to be benefited by the improvements in the City of Lawrence, Kansas; and
WHEREAS, the Governing Body has determined that the total maximum cost of the improvements is seven hundred and ninety four thousand and five hundred and eighty five dollars ($794,585.00); and,
WHEREAS, the Governing Body has determined that the maximum cost assessed to the hereinafter described lots, pieces, parcels and tracts of ground specially benefited thereby seven hundred and ninety four thousand and five hundred and eighty five dollars ($794,585.00) and,
WHEREAS, notice of a public hearing to consider the proposed maximum assessments was published in the official City newspaper; and
WHEREAS, the Governing Body did hold a public hearing on the 10TH DAY OF JULY 2007, to consider the proposed maximum assessments and after the hearing was closed, authorization was given to prepare a maximum assessment ordinance for consideration.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION ONE: For the purpose of paying the cost and expense of the improvements within the property specially benefited thereby, there shall be and are hereby apportioned, levied and assessed, the maximum special assessments upon the following lots, pieces, parcels and tracts of ground liable therefore, as shown on Exhibit A attached hereto and by this reference incorporated herein and made a part hereof.
SECTION TWO: After completion of the project, the City Engineer shall certify to the City Commission the actual cost of the improvements and the actual assessments which shall not be greater than that shown on Exhibit A and the City Clerk shall then notify by first class mail the owner of any such lots, pieces, parcels and tracts of ground as shown in Exhibit A as to the actual assessments.
SECTION THREE: The owner of any property so assessed may at anytime up to thirty (30) days from the date of the City Clerk's notification referred to in SECTION TWO, pay the whole cost of the assessment against any lots, pieces, parcels and tracts of ground by making such payment to the City Clerk and shall not thereafter be liable for any further assessment for the cost of expenses of the improvements or for the payment of any bonds issued on the interest thereon.
SECTION FOUR: The money so paid in full as provided above shall be applied by the City Treasurer toward the payment of the cost of the improvements and the City Treasurer shall, after the expiration of thirty (30) days from the date of notification by the City Clerk, report in writing to the City Clerk a list of all assessments that have been paid together with the amounts thereof, and for the amount that has not been paid, bonds of the City will be issued.
SECTION FIVE: The sums herein certified to each lot, piece, parcel and tract of ground shall be collected in ten (10) annual installments, the first of said installments shall be placed on the tax rolls in the year certified and the installment for each year thereafter for the full term of ten (10) years, and the sum so assessed and levied shall bear interest at a rate not in excess of the maximum legal rate.
SECTION SIX: The City Clerk is hereby directed to annually levy the several installments in the proper amounts with interest, in a manner and within the time provided by law; provided, however, that this section shall not apply to any lot, parcel, piece or tract of ground for which the full amount of the assessment has been paid as provided and authorized by law.
SECTION SEVEN: Pursuant to K.S.A. 12-6a11, no suit to set aside the maximum assessments by this ordinance or otherwise question the validity of the proceedings shall be brought after the expiration of thirty (30) days from the publication of this Ordinance.
SECTION EIGHT: This Ordinance shall take effect from and after its passage and publication in the official City newspaper as provided by law.
PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS, THIS 10TH DAY OF JULY 2007.
APPROVED:
_____________________________
Sue Hack, Mayor
ATTEST:
__________________________________________
Frank S. Reeb, City Clerk Date
Approved as to form and legality:
___________________________________________
Toni Ramirez Wheeler Date
Director of Legal Services
Legal descriptions approved by:
___________________________________________
Charles F. Soules, P.E. Date
Director of Public Works
EXHIBIT A
Tract No. 1
U18122-001 EASTSIDE ACQUISITIONS LLC $23,479.40
LOT 1, BLOCK ONE OF FAIRFIELD FARMS WEST ADDITION NO. 2, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
Tract No. 2
U18122-002 EASTSIDE ACQUISITIONS LLC $16,243.46
LOT 2, BLOCK ONE OF FAIRFIELD FARMS WEST ADDITION NO. 2, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
Tract No. 3
U18122-002A EASTSIDE ACQUISITIONS LLC $16,228.86
LOT 3, BLOCK ONE OF FAIRFIELD FARMS WEST ADDITION NO. 2, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
Tract No. 4
U18122-003 BJ NORTH COUNTY MEDICAL DENTAL CENTER LLC $225,162.75
LOT 3, BLOCK ONE OF FAIRFIELD FARMS WEST ADDITION, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
Tract No. 5
U18530-005 FAIRFIELD INVESTORS LLC $23,860.53
LOT 5, BLOCK ONE OF FAIRFIELD FARMS EAST ADDITION NO. 2, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
Tract No. 6
U18530-004 FAIRFIELD INVESTORS LLC $18,814.27
LOT 4, BLOCK ONE OF FAIRFIELD FARMS EAST ADDITION NO. 2, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
Tract No. 7
U18530-003 FAIRFIELD INVESTORS LLC $17,477.46
LOT 3, BLOCK ONE OF FAIRFIELD FARMS EAST ADDITION NO. 2, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
Tract No. 8
U18530-002 FAIRFIELD INVESTORS LLC $17,477.46
LOT 2, BLOCK ONE OF FAIRFIELD FARMS EAST ADDITION NO. 2, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
Tract No. 9
U18530-007 FAIRFIELD INVESTORS LLC $195,135.49
LOT 1, BLOCK TWO OF FAIRFIELD FARMS EAST ADDITION NO. 2, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
Tract No. 10
U18530-008 FAIRFIELD INVESTORS LLC $140,395.42
LOT 2, BLOCK TWO OF FAIRFIELD FARMS EAST ADDITION NO. 2, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
Tract No. 11
U18530-001 FAIRFIELD INVESTORS LLC $100,309.90
LOT 1, BLOCK ONE OF FAIRFIELD FARMS EAST ADDITION NO. 2, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
TOTAL $794,585.00