ORDINANCE NO. 8263
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 FOR THE CONSTRUCTION OF GEORGE WILLIAMS WAY FROM THE INTERSECTION OF
WEST 6TH STREET (U.S. HIGHWAY 40) NORTH
APPROXIMATELY 1480.99 FEET TO OVERLAND DRIVE, INCLUDING PROPERTY ACQUISITION, a right turn lane from westbound 6th Street onto
northBOUND George Williams Way, BICYCLE FACILITIES, SIDEWALKS ON BOTH
SIDES, SUBGRADE STABILIZATION, STORMWATER IMPROVEMENTS, WATERLINES WITHIN THE
PUBLIC RIGHT OF WAY, POWERLINE RELOCATION, AND
OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS, AS AUTHORIZED BY RESOLUTION 6759.
WHEREAS, the Governing Body of the
City of Lawrence, Kansas (the City), by Resolution No. 6759 authorized the
following improvements (the “Improvements”):
The
construction of George Williams Way from the intersection of
west 6th Street (U.S. Highway 40) north approximately 1480.99 feet
to Overland Drive, including property acquisition, a
right turn lane from westbound 6th Street onto northbound George Williams
Way, bicycle facilities, sidewalks on both sides, subgrade
stabilization, stormwater improvements, waterlines within the public right of
way, powerline relocation, and other necessary and appropriate improvements;
and,
WHEREAS, Resolution No 6759 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 three million
two hundred twenty thousand dollars ($3,220,000.00) 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 29th day of April 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, all as follows:
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Tract 1 |
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U13966 |
SOJAC LAND COMPANY LC |
unplatted |
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$231,366.36 |
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A TRACT OF LAND IN THE SOUTHWEST
QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH
PRINCIPAL MERIDIAN, IN DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS: |
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U13967 |
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unplatted |
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$1,378,633.64 |
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COMMENCING AT THE SOUTHWEST CORNER
OF THE SOUTHWEST QUARTER (SW ¼) OF SECTION 29 TOWNSHIP 12 SOUTH, RANGE 19
EAST OF THE SIXTH PRINCIPAL MERIDIAN; THENCE NORTH 88°04’24”EAST ON THE SOUTH
LINE OF THE SOUTHWEST QUARTER (SW ¼) OF SAID SECTION 29 A DISTANCE OF 899.46
FEET FOR A POINT OF BEGINNING: THENCE NORTH 20°43’49”EAST A DISTANCE OF
162.41 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF KANSAS HIGHWAY # 10 (SOUTH
LAWRENCE TRAFFICWAY); THENCE NORTH 14°23’48”WEST ON SAID RIGHT-OF-WAY LINE OF
KANSAS HIGHWAY # 10 ( SOUTH LAWRENCE TRAFFICWAY), A DISTANCE OF 253.46 FEET;
THENCE NORTH 32°50’50”WEST ON SAID RIGHT-OF-WAY LINE OF KANSAS HIGHWAY # 10
(SOUTH LAWRENCE TRAFFICWAY), A DISTANCE OF 896.17 FEET; THENCE NORTH 02°42’21”WEST ON SAID RIGHT-OF-WAY
LINE OF KANSAS HIGHWAY # 10 (SOUTH LAWRENCE TRAFFICWAY), A DISTANCE OF 160.18
FEET TO THE NORTH LINE OF THE SOUTH ONE-HALF (S ½) OF THE WEST 60 ACRES OF
THE SOUTHWEST QUARTER (SW ¼) OF SAID SECTION 29; THENCE NORTH 88°04’03”EAST
ON THE NORTH LINE OF THE SOUTH ONE-HALF (S ½) OF THE WEST 60 ACRES OF THE
SOUTHWEST QUARTER (SW ¼) OF SAID SECTION 29, TO WEST LINE OF THE EAST 100
ACRES OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION
29;THENCE SOUTH ON THE WEST LINE OF THE EAST 100 ACRES OF THE SOUTHWEST
QUARTER (SW ¼) OF SAID SECTION 29 TO THE SOUTHWEST CORNER OF THE EAST 100
ACRES OF THE SOUTHWEST QUARTER, THENCE
WEST ALONG THE SOUTH LINE OF SAID SECTION 29 TO THE POINT OF BEGINNING, ALL
IN DOUGLAS COUNTY, KANSAS |
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Tract 2 |
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U13968A |
ROOT L.C. (GRAHAM) |
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$186,077.58 |
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A TRACT OF LAND IN THE SOUTHEAST
QUARTER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH
PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: |
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TRACT 3 -OREGON
TRAIL: The following lots and blocks
of the Oregon Trail Addition located in the Southeast
quarter of Section 29, Township 12 South, Range 19 East of the Sixth
Principal Meridian, in the City of |
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U13968-001 |
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Oregon Trail Addition, Block 1, |
$10,797.69 |
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U13968-002 |
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Oregon Trail Addition, Block 1, |
$8,398.20 |
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U13968-003 |
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Oregon Trail Addition, Block 1, |
$8,398.20 |
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U13968-004 |
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Oregon Trail Addition, Block 1, |
$8,781.00 |
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U13968-005 |
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Oregon Trail Addition, Block 1, |
$13,808.79 |
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U13968-006 |
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Oregon Trail Addition, Block 1, |
$13,475.57 |
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U13968-007 |
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Oregon Trail Addition, Block 1, |
$9,563.14 |
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U13968-008 |
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Oregon Trail Addition, Block 1, |
$9,768.46 |
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U13968-009 |
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Oregon Trail Addition, Block 1, |
$13,473.83 |
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U13968-010 |
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Oregon Trail Addition, Block 2, |
$9,004.60 |
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U13968-011 |
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Oregon Trail Addition, Block 2, |
$7,003.57 |
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U13968-012 |
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Oregon Trail Addition, Block 2, |
$7,253.27 |
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U13968-013 |
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Oregon Trail Addition, Block 2, |
$7,253.27 |
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U13968-014 |
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Oregon Trail Addition, Block 2, |
$7,003.57 |
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U13968-015 |
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Oregon Trail Addition, Block 2, |
$12,209.71 |
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U13968-016 |
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Oregon Trail Addition, Block 2, |
$9,471.79 |
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U13968-017 |
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Oregon Trail Addition, Block 2, |
$7,125.38 |
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U13968-018 |
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Oregon Trail Addition, Block 2, |
$7,125.38 |
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U13968-019 |
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Oregon Trail Addition, Block 2, |
$7,379.42 |
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U13968-020 |
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Oregon Trail Addition, Block 2, |
$7,379.42 |
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U13968-021 |
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Oregon Trail Addition, Block 2, |
$7,125.38 |
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U13968-022 |
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Oregon Trail Addition, Block 2, |
$9,161.20 |
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U13968-023 |
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Oregon Trail Addition, Block 3, |
$6,979.21 |
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U13968-024 |
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Oregon Trail Addition, Block 3, |
$7,001.83 |
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U13968-025 |
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Oregon Trail Addition, Block 3, |
$6,970.51 |
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U13968-026 |
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Oregon Trail Addition, Block 3, |
$7,221.95 |
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U13968-027 |
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Oregon Trail Addition, Block 3, |
$7,168.88 |
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U13968-028 |
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Oregon Trail Addition, Block 3, |
$7,003.57 |
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U13968-029 |
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Oregon Trail Addition, Block 3, |
$7,003.57 |
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U13968-030 |
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Oregon Trail Addition, Block 3, |
$7,003.57 |
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U13968-031 |
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Oregon Trail Addition, Block 3, |
$8,513.91 |
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U13968-032 |
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Oregon Trail Addition, Block 3, |
$8,549.58 |
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U13968-033 |
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Oregon Trail Addition, Block 3, |
$9,601.42 |
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U13968-034 |
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Oregon Trail Addition, Block 3, |
$11,348.40 |
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U13968-035 |
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Oregon Trail Addition, Block 3, |
$10,430.54 |
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U13968-036 |
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Oregon Trail Addition, Block 3, |
$7,784.84 |
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U13968-037 |
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Oregon Trail Addition, Block 3, |
$9,385.66 |
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U13968-038 |
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Oregon Trail Addition, Block 3, |
$8,093.70 |
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U13968-039 |
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Oregon Trail Addition, Block 3, |
$9,283.00 |
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U13968-040 |
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Oregon Trail Addition, Block 3, |
$10,100.81 |
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U13968-041 |
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Oregon Trail Addition, Block 3, |
$9,610.99 |
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U13968-042 |
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Oregon Trail Addition, Block 3, |
$9,041.14 |
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U13968-043 |
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Oregon Trail Addition, Block 3, |
$7,849.22 |
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U13968-044 |
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Oregon Trail Addition, Block 3, |
$7,826.60 |
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U13968-045 |
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Oregon Trail Addition, Block 3, |
$8,669.64 |
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U13968-046 |
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Oregon Trail Addition, Block 3, |
$9,694.51 |
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U13968-047 |
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Oregon Trail Addition, Block 3, |
$8,909.76 |
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U13968-048 |
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Oregon Trail Addition, Block 3, |
$10,291.34 |
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U13968-049 |
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Oregon Trail Addition, Block 3, |
$11,109.15 |
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U13968-050 |
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Oregon Trail Addition, Block 3, |
$8,907.15 |
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U13968-051 |
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Oregon Trail Addition, Block 3, |
$8,505.21 |
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U13968-052 |
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Oregon Trail Addition, Block 3, |
$11,130.90 |
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U13968-053 |
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Oregon Trail Addition, Block 3, |
$9,657.10 |
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U13968-054 |
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Oregon Trail Addition, Block 3, |
$9,100.30 |
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U13968-055 |
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Oregon Trail Addition, Block 3, |
$10,748.96 |
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U13968-056 |
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Oregon Trail Addition, Block 3, |
$16,312.67 |
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U13968-057 |
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Oregon Trail Addition, Block 3, |
$16,415.33 |
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U13968-058 |
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Oregon Trail Addition, Block 3, |
$11,170.92 |
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U13968-059 |
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Oregon Trail Addition, Block 3, |
$8,801.01 |
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U13968-060 |
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Oregon Trail Addition, Block 3, |
$9,428.29 |
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U13968-061 |
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Oregon Trail Addition, Block 3, |
$8,518.26 |
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U13968-062 |
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Oregon Trail Addition, Block 3, |
$8,517.39 |
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U13968-063 |
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Oregon Trail Addition, Block 3, |
$8,517.39 |
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U13968-064 |
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Oregon Trail Addition, Block 3, |
$9,350.86 |
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U13968-065 |
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Oregon Trail Addition, Block 3, |
$10,416.62 |
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U13968-066 |
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Oregon Trail Addition, Block 3, |
$13,764.42 |
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U13968-067 |
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Oregon Trail Addition, Block 3, |
$12,199.27 |
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U13968-068 |
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Oregon Trail Addition, Block 3, |
$15,800.24 |
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U13968-069 |
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Oregon Trail Addition, Block 3, |
$15,875.06 |
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U13968-072 |
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Oregon Trail Addition, Block 4, |
$10,299.17 |
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U13968-073 |
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Oregon Trail Addition, Block 4, |
$9,508.33 |
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U13968-074 |
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Oregon Trail Addition, Block 4, |
$8,701.83 |
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U13968-075 |
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Oregon Trail Addition, Block 4, |
$8,006.70 |
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U13968-076 |
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Oregon Trail Addition, Block 4, |
$8,300.76 |
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U13968-077 |
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Oregon Trail Addition, Block 4, |
$9,521.38 |
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U13968-078 |
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Oregon Trail Addition, Block 4, |
$10,290.47 |
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U13968-079 |
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Oregon Trail Addition, Block 4, |
$10,779.41 |
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U13968-080 |
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Oregon Trail Addition, Block 4, |
$9,397.84 |
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U13968-081 |
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Oregon Trail Addition, Block 4, |
$8,994.16 |
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U13968-082 |
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Oregon Trail Addition, Block 4, |
$8,690.52 |
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U13968-083 |
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Oregon Trail Addition, Block 4, |
$8,759.25 |
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U13968-084 |
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Oregon Trail Addition, Block 4, |
$9,037.66 |
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U13968-085 |
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Oregon Trail Addition, Block 4, |
$10,656.74 |
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U13968-086 |
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Oregon Trail Addition, Block 5, |
$11,693.79 |
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U13968-087 |
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Oregon Trail Addition, Block 5, |
$9,389.14 |
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U13968-088 |
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Oregon Trail Addition, Block 5, |
$9,396.97 |
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U13968-089 |
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Oregon Trail Addition, Block 5, |
$9,401.32 |
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U13968-090 |
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Oregon Trail Addition, Block 5, |
$9,112.48 |
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U13968-091 |
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Oregon Trail Addition, Block 5, |
$15,227.77 |
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U13968-092 |
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Oregon Trail Addition, Block 5, |
$11,435.40 |
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U13968-093 |
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Oregon Trail Addition, Block 5, |
$9,675.37 |
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U13968-094 |
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Oregon Trail Addition, Block 5, |
$9,696.25 |
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U13968-095 |
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Oregon Trail Addition, Block 5, |
$9,363.91 |
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U13968-096 |
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Oregon Trail Addition, Block 5, |
$11,882.59 |
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U13968-097 |
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Oregon Trail Addition, Block 5, |
$14,247.27 |
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U13968-098 |
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Oregon Trail Addition, Block 5, |
$9,361.30 |
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U13968-099 |
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Oregon Trail Addition, Block 5, |
$9,395.23 |
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U13968-100 |
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Oregon Trail Addition, Block 5, |
$9,395.23 |
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U13968-101 |
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Oregon Trail Addition, Block 5, |
$9,395.23 |
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U13968-102 |
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Oregon Trail Addition, Block 5, |
$9,395.23 |
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U13968-103 |
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Oregon Trail Addition, Block 5, |
$12,199.27 |
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U13968-104 |
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$388,727.10 |
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U13968-105 |
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Oregon Trail Addition, Block 6, |
$11,017.80 |
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U13968-106 |
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Oregon Trail Addition, Block 6, |
$8,804.49 |
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U13968-107 |
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Oregon Trail Addition, Block 6, |
$8,804.49 |
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U13968-108 |
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Oregon Trail Addition, Block 6, |
$8,804.49 |
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U13968-109 |
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Oregon Trail Addition, Block 6, |
$10,605.41 |
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U13968-110 |
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Oregon Trail Addition, Block 6, |
$10,005.11 |
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U13968-111 |
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Oregon Trail Addition, Block 6, |
$8,004.09 |
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U13968-112 |
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Oregon Trail Addition, Block 6, |
$8,004.09 |
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U13968-113 |
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Oregon Trail Addition, Block 6, |
$8,065.86 |
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U13968-114 |
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Oregon Trail Addition, Block 6, |
$12,204.49 |
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U13968-115 |
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Oregon Trail Addition, Block 7, |
$10,797.69 |
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U13968-116 |
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Oregon Trail Addition, Block 7, |
$8,407.77 |
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U13968-117 |
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Oregon Trail Addition, Block 7, |
$8,721.84 |
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U13968-118 |
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Oregon Trail Addition, Block 7, |
$9,701.47 |
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U13968-119 |
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Oregon Trail Addition, Block 7, |
$12,561.19 |
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U13968-120 |
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Oregon Trail Addition, Block 7, |
$11,670.30 |
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U13968-121 |
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Oregon Trail Addition, Block 7, |
$13,420.76 |
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U13968-122 |
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Oregon Trail Addition, Block 7, |
$10,291.34 |
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U13968-123 |
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Oregon Trail Addition, Block 7, |
$14,703.16 |
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U13968-124 |
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Oregon Trail Addition, Block 7, |
$9,635.35 |
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U13968-125 |
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Oregon Trail Addition, Block 7, |
$11,284.02 |
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SECTION TWO: After completion of the Improvements, 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 in
Section One hereof 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 Section
One hereof as to the actual assessments.
SECTION THREE: The owner of any property so assessed may at
any time up to thirty (30) days following 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 in
Section Three hereof 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) equal 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 established 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:
_____________________________
Michael Dever, 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