ORDINANCE NO. 8273
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 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, AS AUTHORIZED BY RESOLUTION 6755.
WHEREAS, the Governing Body of the
City of Lawrence, Kansas (the City), by Resolution No. 6755 authorized the
following improvements (the “Improvements”):
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; and,
WHEREAS, Resolution No 6755 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 of the
improvements is three hundred thirty one thousand dollars ($331,000.00), of
which $147,111.11 shall be assessed to the hereinafter described lots, pieces,
parcels and tracts of ground specially benefited thereby and $183,888.89 shall
be paid by the City at large; 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 13th day of May 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 located in the Southwest Quarter of Section 28,
Township 12 South, Range 19 East of the Sixth Principal Meridian, in the City
of Lawrence, Douglas County, Kansas, all as follows:
The City at large shall be responsible for $183,888.89 of
the maximum cost of the Improvements, which sum is equivalent to 5/9 of the
maximum cost of the Improvements.
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