Memorandum

City of Lawrence

Legal Services Department

TO:	David Corliss, City Manager Toni Ramirez Wheeler, Director of Legal Services
FROM:	John Jay Miller, Staff Attorney
CC:	Charles Soules, Director of Public Works
Date:	January 22, 2008
RE:	6^th Street and Congressional Drive Improvement District

On January 8^th the City Commission approved a resolution establishing a February 5^th 2008 public hearing date for the 6^th Street and Congressional Drive Improvement District and authorized the City Manager to enter into an agreement with Wal-mart and 6WAK Land Investments, LLC to pay for the City’s five-ninth share of the cost of the improvements. The City Commission directed staff to reschedule the public hearing date to February 12^th, 2008.

Attached for City Commission approval is Resolution 6751 establishing February 12^th, 2008 as the public hearing date for the 6^th Street and Congressional Drive Improvement District.

For background, staff is proposing the creation of an improvement district for the signalization of the intersection at 6^th Street and Congressional Drive. Because the area around 6^th and Congressional Drive is developing, a traffic signal is warranted to provide an acceptable level of service at the intersection. As part of the development plan for the Northwest corner of 6^th Street and Wakarusa Drive, Wal-mart and 6WAK Land Investments, LLC agreed to pay for two-thirds of the reasonable cost of traffic signalization at 6^th Street and Congressional Drive and other related improvements on Congressional Drive within 200 feet to the south of the intersection.

In order to spread the cost of the improvements equally to all the property benefited by the intersection improvements in conjunction with Wal-mart and 6WAK’s agreement to pay for two–thirds of the signalization cost, staff’s proposed resolution requires property to the north and south of the intersection to be included in the improvement district and for the City to accept a share of the cost of the improvements. The City will then enter into a separate agreement with Wal-mart and 6WAK Land Investments, LLC, in which they will pay the City’s cost for the improvements.

Each corner of the intersection will be assessed for one-ninth of the total cost of the intersection improvements. The total combined cost for all four corners of the intersection is four-ninths of the cost of the improvements. By resolution, the City-at-large cost for the improvements is five-ninths. The agreement between the City and Wal-mart and 6WAK will cover the City’s five-ninths cost for the improvements. Wal-mart and 6WAK’s one-ninth assessment as part of the improvement district combined with their agreement to pay the City’s five-ninth share of the improvements will result in Wal-mart and 6WAK paying for two-thirds of the signalization at 6^th Street and Congressional Drive as required by the development plan. The remaining one-third of the cost will be assessed to the other three corners of the intersection.

Bond counsel has reviewed the plan, the proposed resolution and method of assessment.

Attached are Resolution 6751 and a map of the district for your review.

Action Requested: Adopt the proposed resolution setting a hearing date for the creation of the improvement district.