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
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 12th
day of February, 2008, in the City Commission meeting room, City Hall,
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 12th 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:
TRACT 2 – (
TRACT 3 – (
TRACT 4 – (
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 – (
LOT 4 OF COLONIAL NORTHWEST
NO 2, A REPLAT OF LOT 1, BLOCK TWO COLONIAL NORTHWEST, CITY OF LAWRENCE,
DOUGLAS COUNTY, KANSAS.
TRACT 10 – (
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 11 – (
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:
______________________________
ATTEST:
Frank S.
Reeb, City Clerk Date
Approved as to form and legality:
________________________________
Director of Legal Services
Legal
description approved by:
Charles
F. Soules, P.E. Date
Director
of Public Works