ORDINANCE NO

ORDINANCE NO. 8137

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 PUBLIC IMPROVEMENTS OF OVERLAND DRIVE FROM THE INTERSECTION OF QUEENS ROAD WEST TO STONERIDGE DRIVE, APPROXIMATELY 1340 FEET, INCLUDING PROPERTY ACQUISITION, TRAFFIC CALMING/CONTROL DEVICES, INTERSECTION IMPROVEMENTS, BICYCLE FACILITIES, SIDEWALKS ON BOTH SIDES, SUBGRADE STABILIZATION, STORMWATER IMPROVEMENTS, WATERLINES AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS, AS AUTHORIZED BY RESOLUTION 6655.

WHEREAS, the Governing Body of the City of Lawrence, Kansas (the City), by Resolution No. 6655 authorized the following improvements (the “Improvements”):

construction of public improvements of Overland Drive from the intersection of Queens Road west to Stoneridge Drive approximately 1340 feet, including property acquisition, traffic calming/control devices, intersection improvements, bicycle facilities, sidewalks on both sides, subgrade stabilization, stormwater improvements, waterlines, and other necessary and appropriate improvements; and,

WHEREAS, Resolution No. 6655 established that the improvements be assessed prior to construction; and,

WHEREAS, pursuant to K.S.A. 12-6a09,(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 two million and two hundred twenty thousand dollars ($2,220,000.00) and mailed to the owners of the property to be assessed; 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 is two million and two hundred twenty thousand dollars (2,220,000.00); 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 23rd day of October, 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 23rd DAY OF OCTOBER 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		MAXIMUM ASSESSMENT
U13970 TRACT 1 – (Douglas County Plate No. – U13970, Prairie Rose Holdings LC, (Timothy F. Stultz) $1,110,000.00 THE NORTHEAST QUARTER OF 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, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 02°04’07” EAST, ALONG THE EAST LINE OF SAID QUARTER SECTION, 1326.79 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID QUARTER SECTION; THENCE SOUTH 88°04’08” WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID QUARTER SECTION, 1339.07 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH 02°01’38” WEST, ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID QUARTER SECTION, 1326.51 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 88°03’24” EAST, ALONG THE NORTH LINE OF SAID QUARTER SECTION, 1338.11 FEET TO THE POINT OF BEGINNING LESS THE DEDICATION OF RIGHT OF WAY RECORDED AT THE DOUGLAS COUNTY REGISTER OF DEEDS AT BOOK 1021, PAGE 2454. SAID AREA CONTAINS 40.768 ACRES, MORE OR LESS.

U13970A TRACT 2 – (Douglas County Plate No. – U13970A, Pear Tree Village, LP) $1,110,000.00 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, 344.49 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID QUARTER SECTION, SAID POINT BEING ON THE NORTH RIGHT-OF-WAY LINE OF WEST 6^TH STREET; THENCE NORTH 02°01’38” WEST, ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID QUARTER SECTION, 982.13 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 88°04’08” EAST, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID QUARTER SECTION, 1339.07 FEET TO THE NORTHEAST CORNER THEREOF, AND THE EAST LINE OF SAID QUARTER SECTION; THENCE SOUTH 02°04’08” EAST, ALONG SAID EAST LINE, 807.31 FEET TO SAID NORTH RIGHT-OF-WAY LINE OF WEST 6^TH STREET; THENCE SOUTH 87°55’20” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 40.00 FEET; THENCE SOUTH 02°02’40” EAST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 134.51 FEET; THENCE SOUTH 00°06’04” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 39.59 FEET; THENCE SOUTH 04°31’31” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 238.54 FEET; THENCE SOUTH 42°40’40” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 46.72 FEET; THENCE SOUTH 88°04’34” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 1167.98 FEET; THENCE NORTH 46°28’55” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 42.08 FEET; THENCE NORTH 02°11’30” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 239.58 FEET; THENCE SOUTH 87°58’01” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 40.00 FEET TO THE POINT OF BEGINNING, LESS THE DEDICATION OF RIGHT OF WAY RECORDED AT THE DOUGLAS COUNTY REGISTER OF DEEDS AT BOOK 1027, PAGE 2246. SAID AREA CONTAINS 37.705 ACRES, MORE OR LESS
		Total Maximum Assessments:	$2,220,000.00