ORDINANCE NO. 8680

 

AN ORDINANCE LEVYING THE ASSESSMENTS ON LOTS, PIECES AND PARCELS OF LAND IN THE CITY OF LAWRENCE, KANSAS, TO PAY THE COSTS FOR 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 AS AUTHORIZED BY RESOLUTION 6842.

 

WHEREAS, the Governing Body of the City of Lawrence, Kansas (the “City”), by Resolution No. 6842 authorized the following improvements (the “Improvements”) 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; and

 

WHEREAS, the Governing Body has determined that the total cost of the Improvements is assessed to the hereinafter described lots, pieces, parcels and tracts of ground specially benefited thereby is One million five hundred seven thousand six hundred dollars and eight cents ($1,507,600.08), all of which shall be assessed to the hereinafter described lots, pieces, parcels and tracts of ground specially benefited thereby and none of which shall be paid by the City at large; 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 8th day of November                                          2011, 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:

 

PLATE

OWNER 1

LEGAL

SITUS

ASSESSMENT

U18530-002

FAIRFIELD INVESTORS LLC

BLOCK 1, LOT 3, FAIRFIELD EAST ADDITION NO, 1,  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.

2460 EXCHANGE PL

$80,390.24

U18530-003

FAIRFIELD INVESTORS LLC

BLOCK 1, LOT 4, FAIRFIELD EAST ADDITION NO. 1,  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.

2430 EXCHANGE PL

$80,390.24

U18530-004

FAIRFIELD INVESTORS LLC

BLOCK 1, LOT 5, FAIRFIELD EAST ADDITION NO. 1,  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.

2360 EXCHANGE PL

$85,192.38

U18530-005

FAIRFIELD INVESTORS LLC

BLOCK 1, LOT 6, FAIRFIELD EAST ADDITION NO. 1,  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.

2330 EXCHANGE PL

$80,676.85

U18530-009A

FAIRFIELD INVESTORS LLC

BLOCK 1, LOT 2, FAIRFIELD EAST ADDITION NO. 1,  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.

2530 EXCHANGE PL

$87,380.69

U18530-007

FAIRFIELD INVESTORS LLC

BLOCK 2, LOT 1, FAIRFIELD EAST ADDITION NO. 1,  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.

2501 EXCHANGE PL

$813,720.48

PLATE

OWNER 1

LEGAL

SITUS

ASSESSMENT

U18530-001A

COLE TS LAWRENCE KS LLC

LOT 1, FAIRFIELD EAST ADDITION NO. 2 MINOR SUBDIVISION,  A REPLAT OF LOT 1, BLOCK 1, FAIRFIELD EAST ADDITION NO. 1

2420 FAIRFIELD

$136,943.02

U18530-001

EASTSIDE ACQUISITIONS LLC

LOT 2, FAIRFIELD EAST ADDITION NO. 2 MINOR SUBDIVISION,  A REPLAT OF LOT 1, BLOCK 1, FAIRFIELD EAST ADDITION NO. 1

2460 FAIRFIELD

$142,905.88

 

 

 

 

 

 

 

 

TOTAL

$1,507,600.08

 

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 anytime up to thirty (30) days from the date of the 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 therefore 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 from the date of notification by the City Clerk, report in writing to the City Clerk a list of all assessments that have been paid together with the amounts thereof, and for the amount that has not been paid, bonds of the City will be issued.

 

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 twenty (20) 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 twenty (20) 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 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                               , 2011.

 

APPROVED:

 

 

_____________________________

Aron E. Cromwell, Mayor

ATTEST:

 

 

_______________________________                    _       

Jonathan M. Douglass, City Clerk        Date       

 

 

 

Approved as to form and legality:

 

 

___________________________________________

Toni R. Wheeler                              Date               

Director of the Legal Department

 

 

Legal descriptions approved by:

 

 

___________________________________________

Charles F. Soules, P.E.                    Date               

Director of Public Works