RESOLUTION NO. 6842
A RESOLUTION SETTING OUT THE FINDINGS
AND DETERMINATIONS OF THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS, AND
ORDERING THE CONSTRUCTION OF EXCHANGE PLACE AND FAIRFIELD STREET FROM THE
INTERSECTION OF O’CONNELL ROAD TO THE INTERSECTION OF EAST 25TH
TERRACE, INCLUDING PROPERTY ACQUISITION,
BICYCLE FACILITIES, SIDEWALKS ON BOTH SIDES, SUBGRADE STABILIZATION,
STORMWATER IMPROVEMENTS, WATERLINES WITHIN THE PUBLIC RIGHT OF WAY, AND OTHER
NECESSARY AND APPROPRIATE IMPROVEMENTS; AND REPEALING RESOLUTION 6831.
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 EXCHANGE PLACE AND
FAIRFIELD STREET FROM THE INTERSECTION OF O’CONNELL ROAD TO THE INTERSECTION OF
EAST 25TH TERRACE, INCLUDING
PROPERTY ACQUISITION, BICYCLE FACILITIES, SIDEWALKS ON BOTH SIDES,
SUBGRADE STABILIZATION, STORMWATER IMPROVEMENTS, WATERLINES WITHIN THE PUBLIC
RIGHT OF WAY, AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS
(the
“Improvements”).
Section
2. The
estimated or probable cost of the Improvements is $1,666,700.00 (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 front footage of each lot or parcel to the entire front footage of
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 $1,666,700.00 (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 6831 adopted by the
Governing Body on April 7, 2009 is hereby repealed.
Section
10. The City
Clerk shall record this Resolution in the real estate records of Douglas
County, Kansas.
Section
11. 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