RESOLUTION NO. 6799
A RESOLUTION SETTING OUT THE FINDINGS AND DETERMINATIONS OF THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS, AND ORDERING THE CONSTRUCTION OF SANITARY SEWER IMPROVEMENTS ALONG BAUER BROOK COURT WEST OF NORTH FOLKS ROAD, INCLUDING GRAVITY LINES WITHIN THE PUBLIC RIGHT-OF-WAY, OR UTILITY EASEMENT, AND RELATED AND ATTENDANT IMPROVEMENTS, PROPERTY ACQUISITION AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS. (PROJECT # 08S013)
WHEREAS, K.S.A. 12-6a01 et seq. (the "Act") authorizes the governing body of any city to make or cause to be made municipal works or improvements which confer a special benefit upon property within a definable area of the city and the levying and collecting of special assessments upon property in the area deemed by the said governing body to be benefited by such improvements for special benefits conferred upon such property by any such improvements and to provide for the payment of all or any part of the costs of the improvements out of the proceeds of such special assessments; and
WHEREAS, the Act provides that before any contract is let or any work is ordered or authorized for an improvement, the Governing Body shall by resolution direct and order a public hearing on the advisability of the improvement, and to give notice of the hearing by not less than two (2) publications in a newspaper, such publications to be a week apart and at least three (3) days shall elapse between the last publication and the hearing; and such notice shall be given as to (a) the time and place of the hearing; (b) the general nature of the proposed improvements; (c) the estimated or probable cost of the proposed improvements; (d) the extent of the proposed improvement district to be assessed for the cost of the proposed improvements; (e) the proposed method of assessment; and (f) the proposed apportionment of the cost between the improvement district and the City at large; and
WHEREAS, the Governing Body of the City of Lawrence, Kansas (the "City") has heretofore by Resolution No. 6770, directed and ordered a public hearing on the advisability of certain internal improvements in the City, pursuant to the Act; and providing for the giving of notice of said public hearing in the manner required by the Act; and
WHEREAS, a Notice of Public Hearing was duly published once each week for two (2) consecutive weeks in the Lawrence Journal-World, the official newspaper of the City in accordance with the Act; and
WHEREAS, said public hearing was duly held on September 16, 2008, pursuant to such notice; and
WHEREAS, the Act provides that the Governing Body may, by a majority vote of the entire members-elect thereof, at any time within six (6) months after the final adjournment of the hearing on the advisability of making improvements, adopt a resolution authorizing the improvements in accordance with the findings of the Governing Body upon the advisability of the improvements, which resolution shall be effective upon publication once in the official City newspaper.
WHEREAS, the Governing Body hereby finds and determines it to be necessary to make its findings, by resolution, as to the advisability of the proposed improvement, the general nature of the proposed improvement; the estimated or probable cost of the proposed improvement; the extent of the proposed improvement district to be assessed for the cost of the proposed improvement; the proposed method of assessment; and the proposed apportionment of the cost between the improvement district and the City at large; and further finds and determines it to be necessary to authorize the making of the improvements, by Resolution, in accordance with its findings.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION I. That the Governing Body hereby finds, and finally determines, that it is advisable to make the following improvements:
a) General Nature of the Improvement:
The construction of sanitary sewer improvements along Bauer Brook Court west of north folks road, including gravity lines within the public right-of-way, or utility easement, and related and attendant improvements, property acquisition and other necessary and appropriate improvements.
(the Improvements)
b) Estimated or Probable Cost:
The estimated or probable cost of the improvements is $236,177.00 (to be increased at the pro-rata rate of 1 percent per month from and after the adoption date of this resolution authorizing the Improvements) plus costs of issuance and plus costs of interest on any temporary financing.
c) The proposed improvement district shall consist of those tracts of land legally described as follows:
BLOCK 1, LOT 1, BAUER BROOK ESTATES, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
BLOCK 1, LOT 2B, BAUER BROOK ESTATES, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
BLOCK 1, LOT 2A, BAUER BROOK ESTATES, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
BLOCK 1, LOT 3B, BAUER BROOK ESTATES, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
BLOCK 1, LOT 3A, BAUER BROOK ESTATES, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
BLOCK 1, LOT 1A, BAUER BROOK ESTATES NO. 4, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
BLOCK 1, LOT 1B, BAUER BROOK ESTATES NO. 4, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
BLOCK 1, LOT 5B, BAUER BROOK ESTATES, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
BLOCK 1, LOT 5A, BAUER BROOK ESTATES, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
BLOCK 1, LOT 1, BAUER BROOK ESTATES NO. 5, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
BLOCK 1, LOT 2, BAUER BROOK ESTATES NO. 5, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
BLOCK 1, LOT 1, BAUER BROOK ESTATES NO. 2, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
BLOCK 1, LOT 1, BAUER BROOK ESTATES NO. 3, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
d) The method of assessment:
Costs of the Improvements shall be assessed equally per lot against all lots within the Improvement District.
e) The apportionment of costs shall be:
One hundred percent (100%) of the cost of the Improvements shall be paid by the Improvement District and zero percent (0%) of the cost of the Improvement by the City-at-large.
SECTION II. The Improvements are hereby authorized and ordered to be made in accordance with the findings of the Governing Body as set forth in Section I of this resolution.
SECTION III. The City may adopt an ordinance establishing the maximum amount of special assessments prior to the construction of the improvement, all as provided by K.S.A. 12-6a09, as amended.
SECTION IV. The City expects to make capital expenditures on and after the date of adoption of this Resolution in connection with the Improvements, and intends to reimburse itself for such expenditures with the proceeds of one or more series of general obligation bonds and temporary notes of the City in the estimated maximum principal amount of $236,177.00, plus costs of issuance and plus costs of interest on any temporary financing, plus 1 percent per month from and after the adoption of this resolution.
Section V. This Resolution shall become effective upon its publication in the official city newspaper.
ADOPTED and passed this ___ day of September 2008.
PASSED:
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Michael Dever, Mayor
ATTEST:
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Frank S. Reeb, City Clerk
Approved as to form and legality:
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Toni Ramirez Wheeler Date
Director of Legal Services
Legal description approved by:
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Charles F. Soules, P.E. Date
Director of Public Works