RESOLUTION
NO. 6755
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
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 8 AND 9
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. 6751, 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 February 12, 2008, 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.
NOW, THEREFORE, BE IT RESOLVED
BY THE GOVERNING BODY OF THE CITY OF
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:
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 8 and 9 and other necessary and appropriate
improvements.
(the
Improvements)
b) Estimated or Probable
Cost:
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 this resolution.
c) The proposed improvement district shall
consist of those tracts of land legally described as follows:
TRACT 2 (
TRACT 3 (
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 8 (
LOT 4 OF COLONIAL
NORTHWEST NO 2, A REPLAT OF LOT 1, BLOCK TWO COLONIAL NORTHWEST, CITY OF
LAWRENCE, DOUGLAS COUNTY, KANSAS.
TRACT
9 (
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
TRACT
10 (
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.
d)
The method of assessment:
Property in the district located north of 6th street and
east of Congressional Drive(Tracts 1, 2, 3,) 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 4 and 5) 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 6 ,7 and 8)
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 9 and 10) 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%).
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. 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.
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 $331,000, 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 become effective upon its publication in the official city
newspaper and the valid creation of the improvement district authorized by
Resolution 6755 following expiration of the twenty (20) day protest period
following the publication of Resolution 6755, as required by the Act.
ADOPTED and
passed this ___ day of ___________ 2008.
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