ORDINANCE NO. 8238
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 GEORGE WILLIAMS WAY FROM THE INTERSECTION OF OVERLAND DRIVE
NORTH APPROXIMATELY 1,326 FEET TO THE NORTH CITY LIMITS, INCLUDING PROPERTY ACQUISITION, TRAFFIC
CONTROL/CALMING DEVICES, SIDEWALKS ON BOTH SIDES, INTERSECTION IMPROVEMENTS,
BICYCLE FACILITIES, SUBGRADE STABILIZATION, POWERLINE RELOCATION, STORMWATER IMPROVEMENTS,
AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS, AS AUTHORIZED BY RESOLUTION 6661.
WHEREAS, the Governing Body of the
City of Lawrence, Kansas (the City), by Resolution No. 6661 authorized the
following improvements (the “Improvements”):
Construction
of GEORGE WILLIAMS WAY FROM THE INTERSECTION OF OVERLAND DRIVE NORTH
APPROXIMATELY 1,326 FEET TO THE NORTH CITY LIMITS, INCLUDING PROPERTY ACQUISITION, TRAFFIC
CONTROL/CALMING DEVICES, SIDEWALKS ON BOTH SIDES, INTERSECTION IMPROVEMENTS,
BICYCLE FACILITIES, SUBGRADE STABILIZATION, POWERLINE RELOCATION, STORMWATER
IMPROVEMENTS, AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS; and,
WHEREAS, Resolution No. 6661
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 maximum cost assessed to the hereinafter described lots,
pieces, parcels and tracts of ground specially benefited thereby is one million
seven hundred sixty five thousand dollars ($1,765,000.00); and,
WHEREAS, notice of a public hearing
to consider the proposed maximum assessments was published in the official City
newspaper and mailed to the owners of the property to be assessed; and
WHEREAS, the Governing Body did hold
a public hearing on the 19th day of February 2008, 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
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
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