ORDINANCE NO. 7767

AN ORDINANCE LEVYING THE MAXIMUM ASSESSMENTS ON LOTS, PIECES, AND PARCELS OF LAND IN THE CITY OF LAWRENCE, KANSAS TO PAY THE COSTS FOR THE CONSTRUCTION OF MONTEREY WAY FROM THE INTERSECTION OF PETERSON ROAD NORTH TO GRAND VISTA DRIVE, INCLUDING PROPERTY ACQUISITION, TRAFFIC CALMING DEVICES, BICYCLE FACILITIES, SUBGRADE STABILIZATION, STORMWATER IMPROVEMENTS, WATER MAIN AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS AS AUTHORIZED BY RESOLUTION NO 6518.

WHEREAS, on the 30th day of December, 2003 the Governing Body of the City of Lawrence, Kansas (the city), by Resolution 6518 authorized the construction of Monterey Way from the intersection of Peterson Road North to Grand Vista Drive including property acquisition, traffic calming devices, bicycle facilities, subgrade stabilization, stormwater improvements, water main and other necessary and appropriate improvements, in the City of Lawrence, Kansas, under the authority of K S A 12-6a01 to 12-6a17, inclusive as amended, and,

WHEREAS, the Governing Body has determined that the total maximum costs of the improvements are two million six hundred and twenty thousand dollars and zero cents ($2,620,000.00) per Resolution 6518 and that the costs of the improvements be assessed prior to construction, and,

WHEREAS, pursuant to K.S.A. 12-6a09, subsection (c), the maximum amount of assessment has been determined for each lot, piece or parcel of land hereinafter described, deemed to be benefited by the improvements in the City of Lawrence, Kansas; and

WHEREAS, the Governing Body did hold a public hearing on the 13th day of April, 2004, to consider the proposed assessments and after the hearing was closed, authorization was given to prepare a maximum 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 part of the cost and expense of the improvements within the property specially benefited thereby, there shall be and are hereby apportioned, levied and assessed, the maximum special assessments upon the following lots, pieces, parcels and tracts of ground liable therefore, as shown on Exhibit A attached hereto and by this reference incorporated herein and made a part hereof.

SECTION TWO:            After completion of the project, the City Engineer shall certify to the City Commission the actual cost of the improvements and the actual assessments which shall not be greater than that shown on Exhibit A and the City Clerk shall then notify by first class mail the owner of any such lots, pieces, parcels and tracts of ground as shown in Exhibit A as to the actual assessments.

SECTION THREE:         The owner of any property so assessed may at anytime up to thirty (30) days from the date of the City Clerk's notification referred to in SECTION TWO, 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 above 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 sums herein certified to each lot, piece, parcel and tract of ground shall be collected in ten (10) annual installments, the first of said installments shall be placed on the tax rolls in the year certified and 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 maximum 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 APRIL, 2004

APPROVED

______________________________

                                                                                                Mike Rundle, Mayor

ATTEST

_____________________________

Frank S. Reeb, City Clerk

EXHIBIT A

TO ORDINANCE 7767

Plate No Property Owner / Legal Description Assessment Per Lot

U414493-108                 N. Stephens LC                                                                           $29,334.79

STONEGATE SUB NO 2 REPLAT OF LOTS 10-15 BLOCK TWO AND TILLERMAN COURT RIGHT-OF-WAY IN STONEGATE SUB BLK 1 TR A

U800105                       Monterey LC                                                                              $659,846.80

22-12-19 BEG AT SE COR SW 1/4 TH W ALONG S LINE SD QR SEC 907 FT TH N 2645.75 FT TO N LINESD QR SEC TH E ALONG SD N LINE907 FT TO NE COR SD QR SEC TH S ALONG E LINE SD QR SEC 543.2FT TH W 471 FT TH S 543.2 FT TH E 471 FT TO E LINE SD QR SECTH S ALONG SD E LINE 1561.16 FT TO PT BEG;ALSO 22-12-19 BEG AT SW COR SE 1/4 TH N01DEG49'57"W ALONG W LINE SD QR SEC 993.6 FT TH S72DEG41'32"E 36.15 FT TH S02DEG12'10"E 981.93 FT TO S LINE SD QR SEC TH S88DEG23'51"W ALONG SD S LINE 40.5 FT TO PT BEG (0.846A) 51.066A (ANNEXED TO CITY OF LAWRENCE ORD NO 7671 ADOPTED 08/12/2003 BK 888/1657 REPLACES 800105A)

U800105A01                  Monterey LC                                                                                $75,849.20

22-12-19 COM AT NE COR SW 1/4 TH S 0DEG00'21"E 543.2 FT FOR PT BEG:TH S 0DEG00'21"E 543.2 FT TH N89DEG31'27"W 471 FT TH N 0DEG00'21"W 543.2 FT TH S89DEG31'27"E 471 FT TO PT BEG 5.87A (ANNEXED TO CITY OF LAWRENCE ORD NO 7671 ADOPTED 08/12/2003 BK 888/1657 REPLACES 800105A01)

U800107B                     N. Stephens LC                                                                       $1,764,801.80

22-12-19 BEG AT NW COR SE 1/4 SD SEC TH S89DEG33'27"E ALONG N LINE SD QR SEC 1122.34 FT THS 0DEG04'16"W 1393.59 FT TH N89DEG33'09"W 1120.6 FT TO W LINE SD QR SEC TH N 0DEG00'02"W ALONG SD W LINE 1393.05 FT TO PT BEG,LESS 0.09A ANNEXED TO CITY OF LAWRENCE ORD NO 7162 ADOPTED 11/09/1999 BK 663/331,LESS 3.263A ANNEXED TO CITY OF LAWRENCE ORD NO 7281 ADOPTED 11/14/2000 BK 690/1687;ALSO BEG AT SW COR SE 1/4 22-12-19 TH N 0DEG00'02"W ALONG W LINE SD QRSEC 1254.05 FT TH S89DEG33'09"E 1446.65 FT TH S04DEG56'12"W 1258.44 FT TO S LINE SD QR SECTH N89DEG31'42"W ALONG SD S LINE 1338.35 FT TO PT BEG,LESS BEG AT SW COR SD QR SEC TH N01DEG49'57"W ALONG W LINE SD QR SEC 993.6 FT TH S72DEG41'32"E 36.15 FT TH S02DEG12'10"E 981.93 FT TO S LINE SD QR SEC TH S88DEG23'51"W ALONG SD S LINE 40.5 FT TO PT BEG D 642/571 71.831A (ANNEXED TO CITY OF LAWRENCE ORD NO 7669 ADOPTED 08/12/2003 BK 888/1655 REPLACES 800107B)

U800107C                     N. Stephens LC                                                                           $90,167.41

22-12-19 COM AT NW COR SE 1/4 SD SEC TH S89DEG34'22"E ALONG N LINE SE QR 1122.34 FT TH S 0DEG04'36"W 1047.79 FT FOR PT BEG:TH S89DEG34'22"E 462.82 FT TH S 0DEG04'36"W 345.28 FT TH N89DEG32'15"W 462.82 FT TH N 0DEG04'36"E 344.99 FT TO PT BEG3.67A (ANNEXED TO CITY OF LAWRENCE ORD NO 7669 ADOPTED 08/12/2003 BK 888/1655 REPLACES 800107C)