ORDINANCE NO. 8432

 

AN ORDINANCE LEVYING THE ASSESSMENTS ON LOTS, PIECES AND PARCELS OF LAND IN THE CITY OF LAWRENCE, KANSAS, TO PAY THE COSTS OF CONSTRUCTION OF PUBLIC IMPROVEMENTS IN THE DELAWARE STREET COMMONS PROJECT, INCLUDING SANITARY SEWER AND STORMWATER IMPROVEMENTS, SIDEWALK CONSTRUCTION AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS, AS AUTHORIZED BY RESOLUTION 6637.

 

WHEREAS, the Governing Body of the City of Lawrence, Kansas (the “City”), by Resolution No. 6637 authorized the following improvements (the “Improvements”) in accordance with K.S.A. 12-6a01 et seq.:

 

The construction of public improvements in the Delaware Street Commons project, including sanitary sewer and stormwater improvements, sidewalk construction and other necessary and appropriate improvements; and 

 

WHEREAS, the Governing Body has determined that the total cost of the Improvements is One hundred and seventy-six thousand, four hundred and seventy dollars and four cents ($176,470.04), of which $176,470.04 shall be assessed to the hereinafter described lots, pieces, parcels and tracts of ground specially benefited thereby and $0.00 shall be paid by the City at large; and

 

WHEREAS, the Improvements shall be assessed in the manner set forth in Resolution 6637; and 

 

WHEREAS, notice of a public hearing to consider the proposed assessments was published in the official City newspaper and mailed to the owners of the property to be assessed; and

 

WHEREAS, the Governing Body did hold a public hearing on the 21st  day of _July_ 2009, to consider the proposed assessments and after the hearing was closed, authorization was given to prepare an assessment ordinance for consideration.

 

 

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

 

SECTION ONE:       For the purpose of paying the cost and expense of the Improvements within the property specially benefited thereby, there shall be and are hereby apportioned, levied and assessed, the special assessments upon the following lots, pieces, parcels and tracts of ground liable therefore all as follows:

 

Delaware Commons Addition II, Block 1, Lot 3, A Replat of Lots 1 thru 4, Block 1, Delaware Commons Addition City of Lawrence, Douglas County, Kansas

 

Plate

Owner

Address / Unit

TOTAL ASSESSMENT

U02597B

LAWRENCE COHOUSING GROUP LC

1218 DELAWARE ST, UNIT 1

 $       3,785.32

U02597C

METCALF JUDY A

1218 DELAWARE ST, UNIT 2

 $       7,565.95

U02597D

MINDER RICH

1218 DELAWARE ST, UNIT 3

 $       9,869.04

U02597E

LAWRENCE COHOUSING GROUP LC

1218 DELAWARE ST, UNIT 4

 $       9,869.04

U02597F

LAWRENCE COHOUSING GROUP LC

1218 DELAWARE ST, UNIT 5

 $     10,408.46

U02597G

LAWRENCE COHOUSING GROUP LC

1220 DELAWARE ST, UNIT 6

 $     10,408.46

U02597H

LAWRENCE COHOUSING GROUP LC

1220 DELAWARE ST, UNIT 7

 $       9,869.04

U02597I

LAWRENCE COHOUSING GROUP LC

1220 DELAWARE ST, UNIT 8

 $       3,785.32

U02597J

LAWRENCE COHOUSING GROUP LC

1220 DELAWARE ST, UNIT 9

 $       8,747.98

U02597K

LAWRENCE COHOUSING GROUP LC

1224 DELAWARE ST, UNIT 10

 $       4,357.57

U02597KA

LAWRENCE COHOUSING GROUP LC

1224 DELAWARE ST, UNIT 11

 $       9,090.40

U02597L

LAWRENCE COHOUSING GROUP LC

1226 DELAWARE ST, UNIT 12

 $     10,408.46

U02597M

LAWRENCE COHOUSING GROUP LC

1226 DELAWARE ST, UNIT 13

 $       3,930.73

U02597N

MINDER GAY

1226 DELAWARE ST, UNIT 14

 $       7,809.86

U02597P

LAWRENCE COHOUSING GROUP LC

1228 DELAWARE ST, UNIT 15

 $       3,785.32

U02597Q

HARRINGTON JUDITH A

1228 DELAWARE ST, UNIT 16

 $       8,747.98

U02597R

LAWRENCE COHOUSING GROUP LC

1228 DELAWARE ST, UNIT 17

 $       9,869.04

U02597S

METCALF RALPH

1228 DELAWARE ST, UNIT 18

 $     10,408.46

U02597T

PECKHAM LINDA

1230 DELAWARE ST, UNIT 19

 $       3,785.32

U02597U

LAWRENCE COHOUSING GROUP LC

1230 DELAWARE ST, UNIT 20

 $       8,747.98

U02597V

LAWRENCE COHOUSING GROUP LC

1230 DELAWARE ST, UNIT 21

 $       9,869.04

U02597W

JOURNEYS LINDA L

1230 DELAWARE ST, UNIT 22

 $       3,785.32

U02597X

HARWOOD MARY K

1230 DELAWARE ST, UNIT 23

 $       7,565.95

 

 

 

$    176,470.04

 

SECTION TWO:      The amounts so levied and assessed in Section One of this ordinance shall be due and payable from and after the date of the publication of this Ordinance.

 

SECTION THREE:  The owner of any property so assessed may at any time up to thirty (30) days following the date of publication of this ordinance pay the whole cost of the assessment against any lots, pieces, parcels and tracts of ground by making such payment to the City Clerk and shall not thereafter be liable for any further assessment for the cost of expenses of the Improvements or for the payment of any bonds issued or the interest thereon.

 

SECTION FOUR:    The money so paid in full as provided in Section Three hereof shall be applied by the City Treasurer toward the payment of the cost of the Improvements and the City Treasurer shall, after the expiration of thirty (30) days following the date of publication of this, ordinance report in writing to the City Clerk a list of all assessments that have been paid together with the amounts thereof.

 

SECTION FIVE:       The City will issue general obligation bonds for any amount of the special assessments not paid prior to the date provided in Section Three.  Special Assessments not paid shall be certified by the City Clerk to the County Clerk of Douglas County, Kansas.  The sums herein certified to each lot, piece, parcel and tract of ground shall be collected in ten (10) equal annual installments, the first of said installments shall be placed on the tax rolls in the year certified and the installment for each year thereafter for the full term of ten (10) years, and the sum so assessed and levied shall bear interest at a rate not in excess of the maximum legal rate.

 

SECTION SIX:         The City Clerk is hereby directed to annually levy the several installments in the proper amounts with interest, in a manner and within the time provided by law; provided, however, that this section shall not apply to any lot, parcel, piece or tract of ground for which the full amount of the assessment has been paid as provided and authorized by law.

 

SECTION SEVEN:  Pursuant to K.S.A. 12-6a11, no suit to set aside the assessments established by this ordinance or otherwise question the validity of the proceedings shall be brought after the expiration of thirty (30) days from the publication of this Ordinance.

 

SECTION EIGHT:   This Ordinance shall take effect from and after its passage and publication in the official City newspaper as provided by law.

 

PASSED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS, THIS ____ DAY OF_______, 2009.

 

 

APPROVED:

 

 

__________________________

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 descriptions approved by:

 

 

________________________________                                    ________________

Charles F. Soules, P.E.                                                      Date              

Director of Public Works