RESOLUTION NO.  6550

                                        

A RESOLUTION SETTING OUT THE FINDINGS AND DETERMINATIONS OF THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS, AND ORDERING THE CONSTRUCTION OF LAKE POINTE DRIVE FROM THE INTERSECTION OF 22nd TERRACE  SOUTH TO CLINTON PARKWAY INCLUDING PROPERTY ACQUISITION, TRAFFIC CALMING/ CONTROL DEVICES, INTERSECTION IMPROVEMENTS AT CLINTON PARKWAY AND LAKE POINTE DRIVE, BICYCLE FACILITIES, SUBGRADE STABILIZATION, STORMWATER IMPROVEMENTS, AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS.

                                                                                                                           

WHEREAS, the Governing Body of the City of Lawrence, Kansas, did on June 15th, 2004 conduct the public hearing on the advisability of the following improvement: 

 

THE CONSTRUCTION OF LAKE POINTE DRIVE FROM THE INTERSECTION OF 22nd TERRACE  SOUTH TO CLINTON PARKWAY INCLUDING PROPERTY ACQUISITION, TRAFFIC CALMING/ CONTROL DEVICES, INTERSECTION IMPROVEMENTS AT CLINTON PARKWAY AND LAKE POINTE DRIVE, BICYCLE FACILITIES, SUBGRADE STABILIZATION, STORMWATER IMPROVEMENTS, AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS.

                                                                                                                                                                   

WHEREAS, notice of such hearing was duly published as required by law; and

 

WHEREAS, the Governing Body did on June 15th, 2004 find and determine, and does hereby find and determine, in accordance with K.S.A. 12-6a02 et seq., all as hereinafter set forth;

 

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

 

SECTION I.  That the Governing Body hereby finds, and finally determines, that it is advisable to make the following improvements:

 

a)         General Nature of the Improvement:

           

The construction of Lake Pointe Drive from the intersection of 22nd Terrace south to Clinton Parkway including property acquisition, traffic calming/ control devices, intersection improvements at Clinton Parkway and Lake Pointe Drive, bicycle facilities, subgrade stabilization, stormwater improvements, and other necessary and appropriate improvements.

 

b)         Estimated or Probable Cost:

 

The estimated or probable cost of the improvement is $1,166,250 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.

 

 

 

 

 c)        The proposed improvement district:

               

Tract 1            Lot 2, Block 2, Lake Pointe Addition, a subdivision of the City of Lawrence,  Douglas County, Kansas.

 

Tract 2            Lot 1, Block 2, Lake Pointe Addition, a subdivision of the City of Lawrence, Douglas County, Kansas.

 

Tract 3            Lot 1, Block 1, Lake Pointe Addition, a subdivision of the City of Lawrence, Douglas County, Kansas.

 

d)         The method of assessment:

 

Property in the district located north and east of Lake Pointe Drive shall be assessed for 50.78% of the costs of the improvements apportioned to the improvement district, which is the ratio of the front footage of the improvement district located north and east of Lake Pointe Drive to the entire front footage of Lake Pointe Drive in the district. Property located north and east of Lake Pointe Drive shall be assessed for such costs based on the ratio of the front footage of each lot and parcel to the front footage of the improvement district located north and east of Lake Pointe Drive, and shall be spread on a square footage basis thereafter.

 

Property in the district located south and west of Lake Pointe Drive shall be assessed for 49.22% of the costs of the improvements apportioned to the improvement district, which is the ratio of the front footage of the improvement district located south and west of Lake Pointe Drive to the entire front footage of Lake Pointe Drive in the district. Property located south and west of Lake Pointe Drive shall be assessed for such costs based on the ratio of the front footage of each lot and parcel to the front footage of the improvement district located south and west of Lake Point Drive, and shall be spread on a square footage basis thereafter.

 

 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 assessed to the improvement district and zero percent (0%) of the cost of the improvement shall be paid 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.

 

The improvement district shall provide not less than 25% of the actual engineering and construction costs for street, sidewalk, and storm sewer improvements to the City of Lawrence prior to the City incurring any monetary obligation for engineering work or construction improvements.

 

 

 

 

SECTION II.  The Improvement is hereby authorized and ordered to be made in accordance with the findings of the governing body upon the advisability of the improvement.

 

SECTION III. The City shall adopt an ordinance establishing the maximum amount of special assessments prior to the construction of the improvement, all as provided by K.S.A. 12-6a09, as amended.

 

SECTION IV.  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 $1,166,250, plus 1 percent per month from and after the adoption of this resolution, plus costs of issuance and plus costs of interest on any temporary financing.

 

The improvement shall not be commenced if, within 20 days after publication of this resolution, written protest signed by both 51% or more of the resident owners of record of property within the improvement district and the owners of record of more than half of the total area of said district are filed with the City Clerk.

This resolution shall be come effective upon its publication in the official city newspaper.

ADOPTED and passed this ___ day of ___________ 2004.

                                                                        PASSED:

 

                                                                        ______________________________

                                                                        Mike Rundle, Mayor

ATTEST:

 

_____________________________

Frank S. Reeb, City Clerk

 

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