ORDINANCE NO. 8129

 

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 PUBLIC PARK, INCLUDING PARK FACILITIES AND EQUIPMENT, RECREATION PATHS, STORMWATER IMPROVEMENTS AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS APPURTENANT THERETO AS AUTHORIZED BY RESOLUTION 6707.

 

 

WHEREAS, the Governing Body of the City of Lawrence, Kansas (the City), by Resolution No. 6707 authorized the construction of a public park, including park facilities and equipment, recreation paths, stormwater improvements and other necessary and appropriate improvements appurtenant thereto.     

 

WHEREAS, Resolution No. 6707 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 eight hundred and eleven thousand dollars ($811,000.00); 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 eight hundred and eleven thousand dollars ($811,000.00) 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 7th  DAY OF AUGUST 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 7TH DAY OF AUGUST 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

PLATE NO.

PROPERTY OWNER

LEGAL DESCRIPTION

S.F.

MAX

ASSESSMENT

U13968-001

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 1, Lot 1

12,411

5537.46

U13968-002

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 1, Lot 2

9,653

4306.92

U13968-003

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 1, Lot 3

9,653

4306.92

U13968-004

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 1, Lot 4

10,093

4503.23

U13968-005

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 1, Lot 5

15,872

7081.67

U13968-006

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 1, Lot 6

15,489

6910.79

U13968-007

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 1, Lot 7

10,992

4904.34

U13968-008

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 1, Lot 8

11,228

5009.64

U13968-009

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 1, Lot 9

15,487

6909.89

U13968-010

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 2, Lot 1

10,350

4617.90

U13968-011

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 2, Lot 2

8,050

3591.70

U13968-012

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 2, Lot 3

8,337

3719.75

U13968-013

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 2, Lot 4

8,337

3719.75

U13968-014

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 2, Lot 5

8,050

3591.70

U13968-015

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 2, Lot 6

14,034

6261.60

U13968-016

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 2, Lot 7

10,887

4857.50

U13968-017

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 2, Lot 8

8,190

3654.16

U13968-018

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 2, Lot 9

8,190

3654.16

U13968-019

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 2, Lot 10

8,482

3784.45

U13968-020

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 2, Lot 11

8,482

3784.45

U13968-021

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 2, Lot 12

8,190

3654.16

U13968-022

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 2, Lot 13

10,530

4698.21

U13968-023

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 1

8,022

3579.21

U13968-024

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 2

8,048

3590.81

U13968-025

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 3

8,012

3574.75

U13968-026

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 4

8,301

3703.69

U13968-027

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 5

8,240

3676.47

U13968-028

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 6

8,050

3591.70

U13968-029

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 7

8,050

3591.70

U13968-030

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 8

8,050

3591.70

U13968-031

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 9

9,786

4366.26

U13968-032

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 10

9,827

4384.55

U13968-033

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 11

11,036

4923.97

U13968-034

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 12

13,044

5819.89

U13968-035

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 13

11,989

5349.18

U13968-036

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 14

8,948

3992.36

U13968-037

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 15

10,788

4813.32

U13968-038

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 16

9,303

4150.76

U13968-039

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 17

10,670

4760.68

U13968-040

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 18

11,610

5180.08

U13968-041

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 19

11,047

4928.88

U13968-042

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 20

10,392

4636.64

U13968-043

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 21

9,022

4025.38

U13968-044

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 22

8,996

4013.78

U13968-045

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 23

9,965

4446.12

U13968-046

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 24

11,143

4971.72

U13968-047

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 25

10,241

4569.27

U13968-048

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 26

11,829

5277.79

U13968-049

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 27

12,769

5697.19

U13968-050

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 28

10,238

4567.93

U13968-051

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 29

9,776

4361.80

U13968-052

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 30

12,794

5708.35

U13968-053

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 31

11,100

4952.53

U13968-054

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 32

10,460

4666.98

U13968-055

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 33

12,355

5512.48

U13968-056

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 34

18,750

8365.76

U13968-057

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 35

18,868

8418.41

U13968-058

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 36

12,840

5728.87

U13968-059

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 37

10,116

4513.49

U13968-060

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 38

10,837

4835.19

U13968-061

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 39

9,791

4368.49

U13968-062

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 40

9,790

4368.04

U13968-063

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 41

9,790

4368.04

U13968-064

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 42

10,748

4795.48

U13968-065

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 43

11,973

5342.04

U13968-066

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 44

15,821

7058.92

U13968-067

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 45

14,022

6256.25

U13968-068

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 46

18,161

8102.96

U13968-069

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 3, Lot 47

18,247

8141.33

U13968-072

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 4, Lot 1

11,838

5281.81

U13968-073

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 4, Lot 2

10,929

4876.23

U13968-074

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 4, Lot 3

10,002

4462.63

U13968-075

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 4, Lot 4

9,203

4106.14

U13968-076

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 4, Lot 5

9,541

4256.94

U13968-077

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 4, Lot 6

10,944

4882.93

U13968-078

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 4, Lot 7

11,828

5277.34

U13968-079

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 4, Lot 8

12,390

5528.09

U13968-080

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 4, Lot 9

10,802

4819.57

U13968-081

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 4, Lot 10

10,338

4612.55

U13968-082

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 4, Lot 11

9,989

4456.83

U13968-083

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 4, Lot 12

10,068

4492.08

U13968-084

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 4, Lot 13

10,388

4634.85

U13968-085

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 4, Lot 14

12,249

5465.18

U13968-086

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 5, Lot 1

13,441

5997.02

U13968-087

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 5, Lot 2

10,792

4815.11

U13968-088

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 5, Lot 3

10,801

4819.12

U13968-089

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 5, Lot 4

10,806

4821.35

U13968-090

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 5, Lot 5

10,474

4673.23

U13968-091

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 5, Lot 6

17,503

7809.38

U13968-092

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 5, Lot 7

13,144

5864.51

U13968-093

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 5, Lot 8

11,121

4961.90

U13968-094

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 5, Lot 9

11,145

4972.61

U13968-095

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 5, Lot 10

10,763

4802.17

U13968-096

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 5, Lot 11

13,658

6093.84

U13968-097

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 5, Lot 12

16,376

7306.54

U13968-098

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 5, Lot 13

10,760

4800.83

U13968-099

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 5, Lot 14

10,799

4818.23

U13968-100

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 5, Lot 15

10,799

4818.23

U13968-101

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 5, Lot 16

10,799

4818.23

U13968-102

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 5, Lot 17

10,799

4818.23

U13968-103

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 5, Lot 18

14,022

6256.25

U13968-104

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 5, Lot 19

446,808

199354.06

U13968-105

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 6, Lot 1

12,664

5650.35

U13968-106

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 6, Lot 2

10,120

4515.28

U13968-107

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 6, Lot 3

10,120

4515.28

U13968-108

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 6, Lot 4

10,120

4515.28

U13968-109

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 6, Lot 5

12,190

5438.86

U13968-110

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 6, Lot 6

11,500

5131.00

U13968-111

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 6, Lot 7

9,200

4104.80

U13968-112

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 6, Lot 8

9,200

4104.80

U13968-113

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 6, Lot 9

9,271

4136.48

U13968-114

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 6, Lot 10

14,028

6258.93

U13968-115

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 7, Lot 1

12,411

5537.46

U13968-116

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 7, Lot 2

9,664

4311.82

U13968-117

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 7, Lot 3

10,025

4472.89

U13968-118

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 7, Lot 4

11,151

4975.28

U13968-119

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 7, Lot 5

14,438

6441.86

U13968-120

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 7, Lot 6

13,414

5984.98

U13968-121

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 7, Lot 7

15,426

6882.68

U13968-122

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 7, Lot 8

11,829

5277.79

U13968-123

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 7, Lot 9

16,900

7540.34

U13968-124

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 7, Lot 10

11,075

4941.38

U13968-125

OREGON TRAIL HOLDINGS LC

Oregon Trail Addition, Block 7, Lot 11

12,970

5786.88

 

 

 

1,817,677

$811,000.00