RESOLUTION NO. 6740
A RESOLUTION SETTING OUT THE FINDINGS AND DETERMINATIONS OF THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS, AND ORDERING THE CONSTRUCTION OF IMPROVEMENTS AT THE INTERSECTION OF GEORGE WILLIAMS WAY AND 6TH STREET INCLUDING PROPERTY ACQUISITION, SIDEWALKS ON BOTH SIDES, BICYCLE FACILITIES, SUBGRADE STABILIZATION, STORMWATER IMPROVEMENTS, WATERLINES WITHIN THE PUBLIC-RIGHT-OF-WAY, TRAFFIC SIGNALS, AND DEDICATED RIGHT TURN LANES FOR BOTH EAST AND WEST BOUND 6TH STREET ONTO NORTH AND SOUTH BOUND GEORGE WILLIAMS WAY, AND POWERLINE RELOCATION, AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS.
WHEREAS, K.S.A. 12-6a01 et seq. (the "Act") authorizes the governing body of any city to make or cause to be made municipal works or improvements which confer a special benefit upon property within a definable area of the city and the levying and collecting of special assessments upon property in the area deemed by the said governing body to be benefited by such improvements for special benefits conferred upon such property by any such improvements and to provide for the payment of all or any part of the costs of the improvements out of the proceeds of such special assessments; and
WHEREAS, the Act provides that before any contract is let or any work is ordered or authorized for an improvement, the governing body shall by resolution direct and order a public hearing on the advisability of the improvement, and to give notice of the hearing by not less than two (2) publications in a newspaper, such publications to be a week apart and at least three (3) days shall elapse between the last publication and the hearing; and such notice shall be given as to (a) the time and place of the hearing; (b) the general nature of the proposed improvements; (c) the estimated or probable cost of the proposed improvements; (d) the extent of the proposed improvement district to be assessed for the cost of the proposed improvements; (e) the proposed method of assessment; and (f) the proposed apportionment of the cost between the improvement district and the City at large; and
WHEREAS, the governing body of the City of Lawrence, Kansas (the "City") has heretofore by Resolution No. 6730, directed and ordered a public hearing on the advisability of certain internal improvements in the City, pursuant to the Act; and providing for the giving of notice of said public hearing in the manner required by the Act; and
WHEREAS, a Notice of Public Hearing was duly published once each week for two (2) consecutive weeks in the Lawrence Journal-World, the official newspaper of the City in accordance with the Act; and
WHEREAS, said public hearing was duly held on August 28, 2007, pursuant to such notice; and
WHEREAS, the Act provides that the governing body may, by a majority vote of the entire members-elect thereof, at any time within six (6) months after the final adjournment of the hearing on the advisability of making improvements, adopt a resolution authorizing the improvements in accordance with the findings of the governing body upon the advisability of the improvements, which resolution shall be effective upon publication once in the official City newspaper; provided, the improvements shall not be commenced if, within twenty (20) days after publication of the resolution ordering the improvement, written protests signed by both fifty-one per cent (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 such improvement district are filed with the City Clerk; and
WHEREAS, the governing body hereby finds and determines it to be necessary to make its findings, by resolution, as to the advisability of the proposed improvement, the general nature of the proposed improvement; the estimated or probable cost of the proposed improvement; the extent of the proposed improvement district to be assessed for the cost of the proposed improvement; the proposed method of assessment; and the proposed apportionment of the cost between the improvement district and the City at large; and further finds and determines it to be necessary to authorize the making of the improvements, by Resolution, in accordance with its findings, subject to the filing of protest thereto, and to provide for the publication thereof, all as required by the Act.
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:
IMPROVEMENTS AT THE INTERSECTION OF GEORGE WILLIAMS WAY AND 6TH STREET INCLUDING PROPERTY ACQUISITION, SIDEWALKS ON BOTH SIDES, BICYCLE FACILITIES, SUBGRADE STABILIZATION, STORMWATER IMPROVEMENTS, WATERLINES WITHIN THE PUBLIC-RIGHT-OF-WAY, TRAFFIC SIGNALS, AND DEDICATED RIGHT TURN LANES FOR BOTH EAST AND WEST BOUND 6TH STREET ONTO NORTH AND SOUTH BOUND GEORGE WILLIAMS WAY, AND POWERLINE RELOCATION, AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS.
(the Improvements)
b) Estimated or Probable Cost:
The estimated or probable cost of the Improvements is $1,023,000 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 this resolution.
c) The proposed improvement district shall consist of those tracts of land 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
Lots 1-9 , Block 1; Lots 1-13, Block 2; Lots 1-47, Block 3; Lots 1-14, Block 4; Lots 1-19 Block 5; Lots1-10 Block 6; Lots 1-11, Block 7of the Oregon Trail Subdivision, located in the southeast quarter of section 29 south, range 19 east of the 6th P.M. in the City of Lawrence , Douglas County Kansas.
LOT 1, BLOCK 1, DIAMONDHEAD, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
TRACT 5 (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 6 (Douglas County Plate No. U15804-003, Diamondhead Limited Partnership)
LOT 3, BLOCK 1, DIAMONDHEAD, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
d) The method of assessment:
Property in the district located north of 6th Street shall be assessed for 50% of the costs of the Improvements apportioned to the improvement district, Such assessments against the property located north of 6th Street shall be divided 50% to the east side of George Williams Way and 50% to the west side of George Williams Way. Such assessments shall then be spread based on the ratio of the square footage of each lot and parcel located on the east and west side of George Williams Way to the total square footage of the improvement district located east and west of George Williams Way.
Property in the district located south of 6th Street shall be assessed for 50% of the costs of the Improvements apportioned to the improvement district, Such assessments against the property located south of 6th Street shall be assessed for such costs based on the ratio of the square footage of each lot and parcel located south of 6th Street to the total square footage of the improvement district located south of 6th Street.
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 the City-at-large shall pay 0%.
Section II. 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 street improvement to bear the cost of acquiring such property.
Section III. The improvement district shall provide not less than 25% of the actual engineering and construction costs for the Improvements to the City of Lawrence prior to the City incurring any monetary obligation for engineering work or construction improvements.
SECTION IV. The Improvements are hereby authorized and ordered to be made in accordance with the findings of the governing body as set forth in Section I of this resolution; except, provided that the Improvements 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 improvement district are filed with the City Clerk.
SECTION V. The City shall 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 VI. 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 $1,023,000, plus costs of issuance and plus costs of interest on any temporary financing, plus 1 percent per month from and after the adoption of this resolution.
This resolution shall be come effective upon its publication in the official city newspaper.
ADOPTED and passed this ___ day of ___________ 2007.
PASSED:
______________________________
Sue Hack, Mayor
ATTEST:
_____________________________
Frank S. Reeb, City Clerk
Approved as to form and legality:
______________________________
Toni Ramirez Wheeler Date
Director of Legal Services
Legal description approved by:
______________________________
Charles F. Soules, P.E. Date
Director of Public Works