RESOLUTION NO. 6843
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. 1, LIFT
STATION EQUIPMENT AND CONTROLS, MANHOLES, SEWER LINES AND OTHER NECESSARY AND
APPROPRIATE IMPROVEMENTS; AND REPEALING RESOLUTION 6832.
WHEREAS, on _July
_7_, 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
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
(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, BLK 1 AND
LOT 1, BLK 2, ALL IN
(The "Improvement District").
Tracts
A and B in Fairfield East Addition No. 1, 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. 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 $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 9. Resolution 6832 adopted by the
Governing Body on April 7, 2009 is hereby repealed.
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:
______________________________
Robert
Chestnut, Mayor
ATTEST:
____________________________ ______________
Jonathan M.
Douglass, 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