A RESOLUTION SETTING OUT THE FINDINGS AND DETERMINATIONS OF THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS, AND ORDERING THE CONSTRUCTION OF turn lane IMPROVEMENTS along WESTBOUND WEST 6TH STREET (U.S. HIGHWAY 40) AND turn lane AND MEDIAN IMPROVEMENTS ALONG NORTHBOUND WAKARUSA DRIVE, including SIDEWALKS, SUBGRADE STABILIZATION, STORMWATER IMPROVEMENTS, UTILITY RELOCATION, AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS (PW Project No. 30-CP9-1207(P)).
WHEREAS, on September 15, 2008, certain property owners filed a petition pursuant to K.S.A. 12-6a01 et seq., requesting that the governing body of the City of Lawrence, Kansas (the “City”) make certain improvements within the City without notice and hearing, and assess the costs of such improvements against the property described in said petition; and
WHEREAS, the Governing Body hereby finds that the petition has been signed by 100% of the owners of property to be included in the proposed improvement district; and
WHEREAS, the Governing Body hereby finds that all of the property benefited by the proposed improvement is included in the proposed improvement district; and
WHEREAS, the Governing Body hereby finds that the following improvements and the creation of the following improvement district is necessary and advisable.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
Section 1. The Governing Body of the City hereby finds and determines that it is advisable to construct the following improvement, and hereby authorizes and orders the following improvements to be made in accordance with K.S.A. 12-6a01 et seq.:
THE CONSTRUCTION OF turn lane IMPROVEMENTS along WESTBOUND WEST 6TH STREET (U.S. HIGHWAY 40) AND turn lane AND MEDIAN IMPROVEMENTS ALONG NORTHBOUND WAKARUSA DRIVE, including SIDEWALKS, SUBGRADE STABILIZATION, STORMWATER IMPROVEMENTS, UTILITY RELOCATION, AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS.
Section 2. The estimated or probable cost of the Improvements is $800,000.00 (to be increased at the pro-rata rate of 1 percent per month from and after the adoption date of this Resolution), plus costs of issuance and plus costs of interest on any temporary financing.
Section 3. The improvement district shall consist of those tracts and legally described as follows (the “Improvement District”):
TRACT 1 –Douglas County Plate No. ______________, Free State Holdings, Inc.:
Lot 1, in Block One, in Bauer Farm, 1st Plat, a Subdivision in the City of Lawrence, Douglas County, Kansas.
TRACT 2 –Douglas County Plate No. ______________, Free State Holdings, Inc.:
Lot 2, in Block One, in Bauer Farm, 1st Plat, a Subdivision in the City of Lawrence, Douglas County, Kansas.
TRACT 3 –Douglas County Plate No. ______________, Free State Holdings, Inc.:
Lot 3, in Block One, in Bauer Farm, 1st Plat, a Subdivision in the City of Lawrence, Douglas County, Kansas.
TRACT 4 –Douglas County Plate No. ______________, Free State Holdings, Inc.:
Lot 1, in Block Two, in Bauer Farm, 1st Plat, a Subdivision in the City of Lawrence, Douglas County, Kansas.
TRACT 5 –Douglas County Plate No. ______________, Free State Holdings, Inc.:
Lot 2, in Block Two, in Bauer Farm, 1st Plat, a Subdivision in the City of Lawrence, Douglas County, Kansas.
TRACT 6 –Douglas County Plate No. ______________, Free State Holdings, Inc.:
Lot 3, in Block Two, in Bauer Farm, 1st Plat, a Subdivision in the City of Lawrence, Douglas County, Kansas.
TRACT 7 –Douglas County Plate No. ______________, Free State Holdings, Inc.:
Lot 1, in Block Three, in Bauer Farm, 1st Plat, a Subdivision in the City of Lawrence, Douglas County, Kansas.
TRACT 8 –Douglas County Plate No. ______________, Free State Holdings, Inc.:
Lot 2, in Block Three, in Bauer Farm, 1st Plat, a Subdivision in the City of Lawrence, Douglas County, Kansas.
TRACT 9 –Douglas County Plate No. ______________, Free State Holdings, Inc.:
Lot 3, in Block Three, in Bauer Farm, 1st Plat, a Subdivision in the City of Lawrence, Douglas County, Kansas.
TRACT 10 –Douglas County Plate No. ______________, Free State Group, L.L.C.:
BEGINNING AT THE NORTHWEST CORNER OF TRACT A OF SAID BAUER FARM, 1ST PLAT; THENCE SOUTH 01°48’22” EAST, ALONG THE WEST LINE OF SAID TRACT A, 123.23 FEET; THENCE SOUTH 74°04’35” EAST, ALONG SAID WEST LINE, 79.88 FEET; THENCE SOUTH 15°50’56” WEST, ALONG SAID WEST LINE, 108.32 FEET; THENCE ALONG THE SOUTHERLY LINE OF SAID TRACT A, ON A 280.50 FOOT RADIUS CURVE TO THE RIGHT, WITH A 112.11 FOOT CHORD BEARING SOUTH 54°20’01” EAST, AN ARC DISTANCE OF 112.87 FEET; THENCE NORTH 47°11’38” EAST, ALONG SAID SOUTHERLY LINE, 133.89 FEET TO THE WEST RIGHT-OF-WAY LINE OF CHAMPION LANE; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE ON A 315.00 FOOT RADIUS CURVE TO THE LEFT, WITH A 111.29 FOOT CHORD BEARING SOUTH 47°04’22” EAST, AN ARC DISTANCE OF 111.88 FEET; THENCE CONTINUING ALONG SAID WEST RIGHT-OF-WAY LINE ON A 235.00 FOOT RADIUS CURVE TO THE RIGHT WITH A 151.43 FOOT CHORD BEARING SOUTH 38°27’08” EAST, AN ARC DISTANCE OF 154.18 FEET; THENCE SOUTH 24°45’32” WEST, ALONG SAID WEST RIGHT-OF-WAY LINE, 47.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF BAUER FARM DRIVE; THENCE SOUTH 88°11’38” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 711.18 FEET; THENCE CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE ON A 105.00 FOOT RADIUS CURVE TO THE RIGHT, WITH A 103.55 FOOT CHORD BEARING NORTH 62°15’41” WEST, AN ARC DISTANCE OF 108.29 FEET; THENCE CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE ON A 165.00 FOOT RADIUS CURVE TO THE LEFT, WITH A 162.72 FOOT CHORD BEARING NORTH 62°15’42” WEST, AN ARC DISTANCE OF 170.16 FEET; THENCE SOUTH 88°11’38” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 66.84 FEET TO THE EAST RIGHT-OF-WAY LINE OF WAKARUSA DRIVE; THENCE NORTH 04°15’53” WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, 220.49 FEET; THENCE NORTH 01°55’21” WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, 121.41 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF OVERLAND DRIVE; THENCE NORTH 88°11’38” EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 637.68 FEET TO THE POINT OF BEGINNING. CONTAINS 8.114 ACRES, MORE OR LESS;.
TRACT 11 –Douglas County Plate No. ______________, Free State Group, L.L.C.:
BEGINNING AT THE NORTHEAST CORNER OF TRACT B OF SAID BAUER FARM, 1ST PLAT, SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY LINE OF OVERLAND DRIVE; THENCE NORTH 88°11’38” EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, 391.46 FEET; THENCE SOUTH 01°48’22” EAST, 473.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF BAUER FARM DRIVE; THENCE SOUTH 88°11’38” WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 299.07 FEET TO THE EAST RIGHT-OF-WAY LINE OF CHAMPION LANE; THENCE NORTH 44°19’14” WEST, ALONG SAID EAST RIGHT-OF-WAY LINE, 56.40 FEET; THENCE CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE ON A 315.00 FOOT RADIUS CURVE TO THE LEFT, WITH A 128.76 FOOT CHORD BEARING NORTH 26°44’00” WEST, AN ARC DISTANCE OF 129.68 FEET; THENCE NORTH 01°48’22” WEST, 314.66 FEET TO THE POINT OF BEGINNING. CONTAINS 4.094 ACRES, MORE OR LESS.
Section 4. The method of assessment shall be:
Each lot within the Improvement District shall be assessed based on a ratio of the square footage of each lot to the square footage of the entire Improvement District.
Section 5. One hundred percent (100%) of the cost of the Improvements shall be paid by the improvement district.
Section 6. Pursuant to K.S.A. 12-692, the Governing Body hereby exempts from special assessments related to acquisition of property necessary for the Improvements, certain property which the owner or owners or predecessors in title to which have dedicated or conveyed property necessary for the Improvements. It is the intent of the Governing Body to require properties that have not dedicated the necessary property for the Improvements to bear the cost of acquiring such property.
Section 7. The City may adopt an ordinance establishing the maximum amount of special assessments prior to construction of the Improvements, all as provided by K.S.A. 12-6a09, as amended.
Section 8. 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 $800,000.00 (to be increased at the pro-rata rate of 1 percent per month from and after the date of adoption of this Resolution) plus costs of issuance and plus interest on any temporary financing.
Section 9. The City Clerk shall record this Resolution in the real estate records of Douglas County, Kansas.
Section 10. This Resolution shall become effective upon its publication once in the official City newspaper.
ADOPTED by the Governing Body of the City of Lawrence, Kansas, this ____ day of October, 2008.
PASSED:
______________________________
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 description approved by:
______________________________
Charles F. Soules, P.E. Date
Director of Public Works