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 INCLUDING A SANITARY SEWER LIFT STATION AND GRAVITY MAINS FOR FAIRFIELD EAST ADDITION NO. 3, LIFT STATION EQUIPMENT AND CONTROLS, MANHOLES, SEWER LINES AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS.
WHEREAS, on March 31, 2009, 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 SANITARY SEWER IMPROVEMENTS INCLUDING A SANITARY SEWER LIFT STATION AND GRAVITY MAINS FOR FAIRFIELD EAST ADDITION NO. 3, LIFT STATION EQUIPMENT AND CONTROLS, MANHOLES, SEWER LINES AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS.
(The "Improvements").
Section 2. The estimated or probable cost of the Improvements is $450,000.00 (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 of land legally described as follows:
LOT 1 THROUGH 6 INCLUSIVE, AND LOT 1, BLK 2, ALL IN FAIRFIELD EAST ADDITION NO. 3, A REPLAT OF FAIRFIELD FARMS EAST ADDITION NO. 2, A PART OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 13 SOUTH, RANGE 20 EAST, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
(The "Improvement District").
Tracts A and B in Fairfield East Addition No. 3, a replat of Fairfield Farms East Addition No. 2 are not included in the Improvement District because they are subject to a drainage and utility easement, respectively, and cannot be built upon.
Section 4. The method of assessment shall be:
Property located in the Improvement District shall be assessed for 100% of the costs of the improvements apportioned to the improvement district based upon the ratio of the square footage of each lot or parcel to the entire square footage within the Improvement District.
Section 5. The apportionment of costs between the Improvement District and the City at Large shall be:
One hundred percent (100%) of the cost of the Improvements shall be paid by the Improvement District. Zero percent (0%) shall be paid by the City-at-large.
Section 6. 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 7. 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 $450,000.00 (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 8. The City Clerk shall record this Resolution in the real estate records of Douglas County, Kansas.
Section 9. 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 _____________2009
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:
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Charles F. Soules, P.E. Date
Director of Public Works