RESOLUTION NO.  6585

                                        

A RESOLUTION SETTING OUT THE FINDINGS AND DETERMINATIONS OF THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS, AND ORDERING THE CONSTRUCTION OF A LEFT TURN LANE WEST BOUND ON KANSAS HIGHWAY 10 (K-10) AT THE INTERSECTION OF E 1600 RD (O’CONNELL ROAD), INCLUDING PROPERTY ACQUISITION, INTERSECTION IMPROVEMENTS, SUBGRADE STABILIZATION, AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS.

 

 

WHEREAS, the Governing Body of the City of Lawrence, Kansas, did on April 12th, 2005 conduct the public hearing on the advisability of the following improvement: 

 

THE CONSTRUCTION OF A LEFT TURN LANE WEST BOUND ON KANSAS HIGHWAY 10 (K-10) AT THE INTERSECTION OF E 1600 RD (O’CONNELL ROAD), extending eastward from said intersection approximately 845 feet, INCLUDING PROPERTY ACQUISITION, INTERSECTION IMPROVEMENTS, SUBGRADE STABILIZATION, 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 12th, 2005 find and determine, and does hereby find and determine, in accordance with K.S.A. 12-6a01 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 A LEFT TURN LANE WEST BOUND ON KANSAS HIGHWAY 10 (K-10) AT THE INTERSECTION OF E 1600 RD (O’CONNELL ROAD), INCLUDING PROPERTY ACQUISITION, INTERSECTION IMPROVEMENTS, SUBGRADE STABILIZATION, AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS.

 

 

b)         Estimated or Probable Cost:

 

The estimated or probable cost of the improvement is $328,960 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:

           

Parcel 1         Fairfield Farms West, Block 1, Lot 1

LOT 1, BLOCK ONE OF FAIRFIELD FARMS WEST, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

Parcel 2         Fairfield Farms West, Block 1, Lot 2

LOT 2, BLOCK ONE OF FAIRFIELD FARMS WEST, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

Parcel 3         Fairfield Farms West, Block 1, Lot 3

LOT 3, BLOCK ONE OF FAIRFIELD FARMS WEST, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

d)         The method of assessment:

 

Each lot and parcel within the improvement district shall be assessed based on a ratio of the square footage of each lot or parcel to the square footage of the entire improvement district.

 

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.

 

 

 

 

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 may 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 $328,960, 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 12th day of April, 2005.

                                                                        PASSED:

 

                                                                        ______________________________

                                                                        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