A RESOLUTION DIRECTING AND ORDERING A PUBLIC HEARING ON THE ADVISABILITY OF THE CONSTRUCTION OF ALABAMA STREET FROM THE INTERSECTION OF 3rd STREET SOUTH APPROXIMATELY 200 FEET INCLUDING PROPERTY ACQUISITION, TRAFFIC CALMING DEVICES, BICYCLE FACILITIES, SUBGRADE STABILIZATION, STORMWATER IMPROVEMENTS, WATER MAIN IMPROVEMENTS AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
That a public hearing shall be held by the Governing Body of the City of Lawrence, Kansas, on the advisability of the following improvement:
Said hearing shall be held on the 27th day of April, 2004, in the City Commission meeting room, City Hall, 6 East 6th Street, Lawrence, Kansas, at 6:35 p.m. or thereafter as provided by K.S.A. 12-6a01 et seq.
The City Clerk shall publish the following notice of such public hearing in the official city newspaper.
Notice is hereby given that the Governing Body of the City of Lawrence, Kansas, will meet for the purpose of holding a public hearing as provided by K.S.A. 12-6a01 et seq. in the City Commission meeting room, City Hall, 6 East 6th Street, Lawrence, Kansas on the 27th day of April, 2004, at 6:35 p.m. or thereafter as provided by K.S.A. 12-6a01 et seq., to consider the advisability of the following proposed improvement, to-wit:
(a) The general nature of the proposed improvement:
The construction of Alabama Street from the intersection of 3rd Street south approximately 200 feet including property acquisition, traffic calming devices, bicycle facilities, subgrade stabilization, stormwater improvements, water main improvements and other necessary and appropriate improvements
(b) The proposed improvement district:
Tract 1 – LOTS 1 THROUGH 6 INCLUSIVE, BLK 1, PERKINS PLACE, an addition to the City of Lawrence, Douglas County, Kansas
Tract 2 – BLK 21, LOTS 41, 43, 45, 47, 49, 73, 75, 77, 79, 81, 83, 85 AND 87.
Also, WEST 15 feet OF ALABAMA STREET ADJACENT TO SAID LOTS
per Order Of Vacation passed 7/18/89, Record Deed 434-436 (U05520.21)
(c) The estimated or probable cost of the improvements is $95,000.00, plus costs of issuance and plus costs of interest on any temporary financing. Said estimated cost as herein set forth is hereby increased at the pro-rata rate of 1 percent per month from and after the adoption date of the resolution.
(d) The method of assessment:
Property in the district located on the East side of Alabama Street shall be assessed for 53.12% of the costs of the improvements apportioned to the improvement district, which is the ratio of the front footage of the improvement district abutting the improvement located on the East side of Alabama Street to the entire front footage of the district abutting the improvement. Property located on the East side shall be assessed for such costs based on the square footage of each lot and parcel to the square footage of all of the property in the district located on the East side.
Property in the district located on the West side of Alabama Street shall be assessed for 46.88% of the costs of the improvements apportioned to the improvement district, which is the ratio of the front footage of the improvement district abutting the improvement located on the West side of Alabama Street to the entire front footage of the district abutting the improvement. Property located on the West side shall be assessed for such costs based on the square footage of each lot and parcel to the square footage of all of the property in the district located on the West side.
(e) The apportionment of costs shall be:
The apportionment of costs shall be one hundred percent (100%) of the cost of the improvement shall be paid by the improvement district and zero percent (0%) of the cost of the improvement by the City-at-large.
(f) Pursuant to K.S.A. 12-692, the governing body shall have the authority to exempt property, the owner or owners or predecessors in title to which have dedicated or conveyed property necessary for the extension of the street improvement, from that portion of the benefit district special assessments for the costs of acquiring land necessary for the extension of the street improvement. It being the intent of the governing body to require properties which have not dedicated the necessary property for the improvement to bear the cost of acquiring such property.
(g) The improvement district shall provide not less than 25% of the actual engineering and construction costs for street, sidewalk, and storm sewer improvements and 50% of the actual engineering and construction costs for water main improvements to the City of Lawrence prior to the City incurring any monetary obligation for engineering work or construction improvements.
The hearing may be adjourned from time to time and until the Governing Body shall have made findings by resolution as to the advisability of the improvement, the nature of the improvement, the estimated cost, the boundaries of the improvement district, the method of assessment and the apportionment of cost between the improvement district and the city-at-large, all as finally determined by the governing body.
This resolution shall become effective upon its publication in the official City Newspaper.
ADOPTED by the governing body of the City of Lawrence, Kansas, this _____day of __________________2004.
PASSED:
______________________________
David M. Dunfield, Mayor
ATTEST:
____________________________
Frank S. Reeb, City Clerk Date
Approved as to form and legality:
______________________________
David L. Corliss Date
Director of Legal Services
Legal description approved by:
______________________________
Charles F. Soules, P.E. Date
Director of Public Works