RESOLUTION NO. 6555
A RESOLUTION SETTING OUT THE FINDINGS AND DETERMINATIONS OF THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS, AND ORDERING THE CONSTRUCTION OF 3rd STREET FROM ALABAMA STREET TO ILLINOIS STREET INCLUDING PROPERTY ACQUISITION, TRAFFIC CALMING DEVICES, BICYCLE FACILITIES, SUBGRADE STABILIZATION, STORMWATER IMPROVEMENTS, AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS
WHEREAS, the Governing Body of the City of Lawrence, Kansas, did on April 27, 2004 conduct the public hearing on the advisability of the following improvement:
THE CONSTRUCTION OF 3rd STREET FROM ALABAMA STREET TO ILLINOIS STREET INCLUDING PROPERTY ACQUISITION, TRAFFIC CALMING DEVICES, 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 April 27, 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 3rd STREET FROM ALABAMA STREET TO ILLINOIS STREET INCLUDING PROPERTY ACQUISITION, TRAFFIC CALMING DEVICES, 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 $140,000 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 – WEST 75 FEET OF LOTS 70 AND 72, BLK 13, WEST LAWRENCE ADDITION.
Tract 2 – EAST 50 FEET OF LOTS 70 AND 72, BLK 13, WEST LAWRENCE ADDITION.
Tract 6 – LOT 6, BLK 1, OF PERKINS PLACE ADDITION
Tract 7 – LOT 5, BLK 1, OF PERKINS PLACE ADDITION
Tract 8 – LOT 4, BLK 1, OF PERKINS PLACE ADDITION
Tract 9 – LOT 3, BLK 1, OF PERKINS PLACE ADDITION
Tract 10 – LOT 2, BLK 1, OF PERKINS PLACE ADDITION
all located in the City of Lawrence, Douglas County, Kansas.
d) The method of assessment:
Property in the district located on the North side of 3rd Street shall be assessed for 48.08% of the costs of the improvements apportioned to the improvement district, which is the ratio of the front footage of the improvement district located on the North side to the entire front footage of 3rd Street in the district. Property located on the North 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 North side.
Property in the district located on the South side of 3rd Street shall be assessed for 51.92% of the costs of the improvements apportioned to the improvement district, which is the ratio of the front footage of the improvement district located on the South side to the entire front footage of 3rd Street in the district. Property located on the South 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 South side.
e) The apportionment of costs shall be:
The apportionment of costs shall be twenty five percent (25%) of the cost of the improvement shall be assessed to the improvement district and seventy five percent (75%) 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 $140,000, 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:
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Frank S. Reeb, City Clerk
Approved as to form and legality:
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David L. Corliss Date
Director of Legal Services
Legal description approved by:
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Charles F. Soules, P.E. Date
Director of Public Works