Memorandum

City of Lawrence

Legal Services Department

TO:	David Corliss, City Manager Toni Ramirez Wheeler, Director of Legal Services
FROM:	John Jay Miller, Staff Attorney
CC:	Cynthia Boecker, Assistant City Manager Diane Stoddard, Assistant City Manager Charles Soules, Director of Planning and Development Services
Date:	June 24, 2008
RE:	Repealing resolutions establishing benefit districts for intersection improvements at 6th Street and George Williams Way and improvements along George Williams Way from 6^th Street south to Ken Ridge Drive

First in May and then September of 2007, the Governing Body adopted Resolutions making findings and determinations for intersection improvements at 6^th Street and George Williams Way and improvements along George Williams Way from 6^th Street south to Ken Ridge Drive that included property owned by the Diamondhead Partnership.  On October 25, 2007, the City received a Petition for Declaratory and Injunctive Relief alleging the assessment arbitrary and disproportionate and to restrain the City from enforcing the proposed assessment.

In consideration with the Petition for Declaratory and Injunctive Relief, staff reviewed the need to finalize the improvement districts for the intersection signalization and the improvements along George Williams Way from 6^th Street south to Ken Ridge Drive.  Staff determined that the need for the improvements south of 6^th Street did not materialize as quickly as originally thought and the improvement districts could be considered at a future date.

With more immediate development needs to the north of 6^th Street, the City continued to establish improvement districts from 6^th Street North to the north city limits that did not include or assess Diamondhead Partnership property. The Governing Body passed the maximum assessment ordinances for those projects. 

Repealing resolutions 6663, 6665, 6739 and 6740 eliminates the basis for the Petition for Declaratory and Injunctive Relief filed by Diamondhead Partnership. The City will seek a dismissal of the lawsuit upon the repeal of the resolutions. Repealing the resolutions does not preclude the City from creating benefit districts for the improvements in the future. 

The signalization of the intersection of 6^th Street and George Williams Way and the improvements along George Williams Way from 6^th Street south to Ken Ridge Drive will be needed in the future and the City will pursue the establishment of improvement districts for the property benefitting from the improvements or other property owner financed options for the necessary public improvements.   

Action Requested: Consider, and if appropriate, adopt Resolution No. 6772 repealing resolutions 6663, 6665, 6739 and 6740.