ORDINANCE NO. 7848
AN ORDINANCE LEVYING THE MAXIMUM ASSESSMENTS ON LOTS, PIECES AND PARCELS OF LAND IN THE CITY OF LAWRENCE, KANSAS, TO PAY PART OF THE COSTS FOR 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, AS AUTHORIZED BY RESOLUTION NO. 6555.
WHEREAS, the Governing Body of the City of Lawrence, Kansas (the City), by Resolution No. 6555, authorized 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; and,
WHEREAS, Resolution No. 6555 established that 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 deemed to be benefited by the improvements in the City of Lawrence, Kansas; and
WHEREAS, the Governing Body has determined that the total cost of the improvements is one hundred forty thousand dollars ($140,000).
WHEREAS, the Governing Body has determined that the cost assessed to the hereinafter described lots, pieces, parcels and tracts of ground specially benefited thereby is thirty five thousand dollars ($35,000); and,
WHEREAS, the Governing Body did hold a public hearing on the 30th day of November 2004, to consider the proposed maximum assessments and the hearing was closed.
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 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 or 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 14th DAY OF DECEMBER 2004.
APPROVED:
__________________________
Mike Rundle
Mayor
ATTEST:
____________________
Frank S. Reeb
City Clerk
EXHIBIT A
TO ORDINANCE 7848
PIN Number Property Owner/Legal Description Assessment Amount
023-067-25-0-10-07-007.00-0 $5,048.40
HC Sheppard
West 75 feet of Lots 70 and 72, Blk 13, West Lawrence Addition
023-067-25-0-10-07-008.00-0 $3,365.60
HC Sheppard
East 50 feet of Lots 70 and 72, Blk 13, West Lawrence Addition
023-067-25-0-10-07-009.00-0 $4,173.34
HC Sheppard
West 62 feet of Lots 69 and 71, Blk 13, West Lawrence Addition.
023-067-25-0-10-07-010.00-0 $4,240.66
HC Sheppard
East 63 feet of Lots 69 and 71, Blk 13, West Lawrence Addition.
023-067-25-0-40-04-001.01-0 $3,028.80
Tenants to Homeowners, Inc.
Lot 1, Blk 1, of Perkins Place Addition
023-067-25-0-40-04-001.06-0 $3,028.40
Tenants to Homeowners, Inc.
Lot 6, Blk 1, of Perkins Place Addition
023-067-25-0-40-04-001.05-0 $3,028.80
Tenants to Homeowners, Inc.
Lot 5, Blk 1, of Perkins Place Addition
023-067-25-0-40-04-001.04-0 $3,028.80
Tenants to Homeowners, Inc.
Lot 4, Blk 1, of Perkins Place Addition
023-067-25-0-40-04-001.03-0 $3,028.40
Tenants to Homeowners, Inc.
Lot 3, Blk 1, of Perkins Place Addition
023-067-25-0-40-04-001.02-0 $3,028.80
Tenants to Homeowners, Inc.
Lot 2, Blk 1, of Perkins Place Addition