A RESOLUTION DIRECTING AND ORDERING A PUBLIC HEARING ON THE ADVISABILITY OF THE CONSTRUCTION OF IMPROVEMENTS AT THE INTERSECTION OF CONGRESSIONAL DRIVE AND 6TH STREET INCLUDING PROPERTY ACQUISITION, SUBGRADE STABILIZATION, TRAFFIC SIGNALS, TRAFFIC CALMING DEVICES SOUTH OF 6TH STREET ALONG CONGRESSIONAL DRIVE TO THE SOUTHERN MOST POINT OF TRACTS 9 AND 10 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 IMPROVEMENTS AT THE INTERSECTION OF CONGRESSIONAL DRIVE AND 6TH STREET INCLUDING PROPERTY ACQUISITION, SUBGRADE STABILIZATION, TRAFFIC SIGNALS, TRAFFIC CALMING DEVICES SOUTH OF 6TH STREET ALONG CONGRESSIONAL DRIVE TO THE SOUTHERN MOST POINT OF TRACTS 9 AND 10 AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS.
Section 2. Said hearing shall be held on the 5th day of February, 2008, 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 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 5th day of February, 2008, 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 IMPROVEMENTS AT THE INTERSECTION OF CONGRESSIONAL DRIVE AND 6TH STREET INCLUDING PROPERTY ACQUISITION, SUBGRADE STABILIZATION, TRAFFIC SIGNALS, TRAFFIC CALMING DEVICES SOUTH OF 6TH STREET ALONG CONGRESSIONAL DRIVE TO THE SOUTHERN MOST POINT OF TRACTS 9 AND 10 AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS.
(b) The proposed improvement district shall consist of those tracts of land legally described as follows:
WAKARUSA PLACE ADDITION BLOCK 2 LOT 3, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
TRACT 2 (Douglas County Plate No. U13960T, 6WAK LAND INVESTMENTS, LLC)
WAKARUSA PLACE ADDITION BLOCK 2 LOT 4, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
TRACT 3 (Douglas County Plate No. U13960Q, 6WAK LAND INVESTMENTS,LLC)
WAKARUSA PLACE ADDITION BLOCK 2 LOT 1, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
TRACT 4 (Douglas County Plate No. U13960R, 6WAK LAND INVESTMENTS,LLC)
WAKARUSA PLACE ADDITION BLOCK 2 LOT 2B, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
WAKARUSA PLACE ADDITION BLOCK 3 LOT 1, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
WAKARUSA PLACE ADDITION BLOCK 3 LOT 2, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
LOT 1 OF PRAIRIE COMMONS A REPLAT OF LOT 2 COLONIAL NORTHWEST NO 2, CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, LESS 0.6ACRES, TRACT NO 19, PERMAMENT EASEMENT, KDOT CONDEMNATION CASE NO 03-C-311 FILED 06/09/2003).
LOT 1 OF COLONIAL NORTHWEST NO 2, A REPLAT OF LOT 1, BLOCK TWO COLONIAL NORTHWEST, CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, LESS 0.12ACRES, TRACT NO 20 TO STATE OF KANSAS, described in deed recorded in Book 826, Page 1744 in the Office of the Register of Deeds, Douglas County, Kansas.
TRACT 9 (Douglas County Plate No. U15769D01F, CONGRESIONAL TOWNHOMES LLC)
LOT 4 OF COLONIAL NORTHWEST NO 2, A REPLAT OF LOT 1, BLOCK TWO COLONIAL NORTHWEST, CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
TRACT 10 (Douglas County Plate No. U15769EB, BWB I, LLC)
LOT 2, BLOCK 1, COLONIAL NORTHWEST #3 A REPLAT OF LOT 1, BLOCK ONE COLONIAL NORTHWEST AND LOT 1, COLONIAL NORTHEAST NO 2, CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, LESS TRACT 21,
0.18 ACRES TO STATE OF KANSAS, described in deed recorded in Book 917, Page 1220 in the Office of the Register of Deeds, Douglas County, Kansas.
TRACT 11 (Douglas County Plate No. U15769E, BWB I, LLC)
LOT 1, BLOCK 1, COLONIAL NORTHWEST #3 A REPLAT OF LOT 1, BLOCK ONE COLONIAL NORTHWEST AND LOT 1, COLONIAL NORTHEAST NO 2, CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, LESS TRACT 22, 0.32 ACRES TO STATE OF KANSAS described in deed recorded in Book 917, Page 1230 in the Office of the Register of Deeds, Douglas County, Kansas.
(c) The estimated or probable cost of the improvements is $331,000, 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 the resolution.
(d) The method of assessment:
Property in the district located north of 6th street and east of Congressional Drive(Tracts 1, 2, 3, 4,) shall be assessed for one-fourth (or 25%) of the costs of the improvements apportioned to the improvement district, Such assessments against the property located east of Congressional Drive shall be assessed for such costs based on the ratio of the square footage of each lot and parcel located east of Congressional Drive to the total square footage of the improvement district located east of Congressional Drive.
Property in the district located north of 6th street and west of Congressional Drive (Tracts 5 and 6) shall be assessed for one-fourth (or 25%) of the costs of the improvements apportioned to the improvement district, Such assessments against the property located west of Congressional Drive shall be assessed for such costs based on the ratio of the square footage of each lot and parcel located west of Congressional Drive to the total square footage of the improvement district located west of Congressional Drive.
Property in the district located south of 6th street and west of Congressional Drive (Tracts 7 ,8 and 9) shall be assessed for one-fourth (or 25%) of the costs of the improvements apportioned to the improvement district, Such assessments against the property located west of Congressional Drive shall be assessed for such costs based on the ratio of the square footage of each lot and parcel located west of Congressional Drive to the total square footage of the improvement district located west of Congressional Drive.
Property in the district located south of 6th street and east of Congressional Drive (Tracts 10 and 11) shall be assessed for one-fourth (or 25%) of the costs of the improvements apportioned to the improvement district, Such assessments against the property located west of Congressional Drive shall be assessed for such costs based on the ratio of the square footage of each lot and parcel located west of Congressional Drive to the total square footage of the improvement district located west of Congressional Drive.
(e) The apportionment of costs shall be:
Four-ninths (44.444%) of the cost of the improvement shall be paid by the improvement district and the City-at-large shall pay five-ninths (55.556%).
(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 total engineering and construction costs for street, sidewalk, traffic signal 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 _____, 2008.
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