A RESOLUTION DIRECTING AND ORDERING A PUBLIC HEARING ON THE ADVISABILITY OF THE CONSTRUCTION OF IMPROVEMENTS ALONG 33RD STREET WEST OF IOWA STREET TO NIEDER ROAD AND IMPROVEMENTS AT THE INTERSECTION OF 33RD AND NIEDER, INCLUDING PROPERTY ACQUISTION, MEDIAN CONSTRUCTION, TRAFFIC SIGNALIZATION OR ROUNDABOUT IMPROVEMENTS AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS.
BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
That a public hearing shall be held by the Governing Body of the City of Lawrence, Kansas, on the advisability of the following improvement:
The construction of improvements along 33rd Street west of Iowa to Nieder Road and improvements at the intersection of 33rd and Nieder, including property acquisition, median construction, traffic signalization or roundabout improvements and other necessary and appropriate improvements.
Said hearing shall be held on the 7th day of June, 2005, in the City Commission meeting room, City Hall, 6 East 6th Street, Lawrence, Kansas, at 6:35 p.m. or thereafter as provided by K.S.A. 12-6a01 et seq.
The City Clerk shall publish the following notice of such public hearing in the official city newspaper.
Notice is hereby given that the Governing Body of the City of Lawrence, Kansas, will meet for the purpose of holding a public hearing as provided by K.S.A. 12-6a01 et seq. in the City Commission meeting room, City Hall, 6 East 6th Street, Lawrence, Kansas on the 7th day of June, 2005, at 6:35 p.m. or thereafter as provided by K.S.A. 12-6a01 et seq., to consider the advisability of the following proposed improvement, to-wit:
(a) The general nature of the proposed improvement:
The construction of improvements along 33rd Street west of Iowa to Nieder Road and improvements at the intersection of 33rd and Nieder, including property acquisition, median construction, traffic signalization or roundabout improvements and other necessary and appropriate improvements.
(b) The proposed improvement district:
BLOCK 2, LOT 1, MARION ADDITION, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
BLOCK 1, LOT 1 OF MARION ADDITION NO. 2, A REPLAT OF LOT 1, BLOCK 1 AND TRACT A IN MARION ADDITION, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
TRACT A OF MARION ADDITION NO. 2, A REPLAT OF LOT 1, BLOCK 1 AND TRACT A IN MARION ADDITION, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
BLOCK 1, LOT 2 OF MARION ADDITION NO. 2, A REPLAT OF LOT 1, BLOCK 1 AND TRACT A IN MARION ADDITION, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
LOT 1, MCDONALDS SUBDIVISION NO. 2, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
LOT 2, DUNIGAN SUBDIVISION, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
DUNIGAN SUB LT 1A DESC AS:BEG AT NE COR DUNIGAN SUB TH S 0DEG19'19"E ON E LINE SD LT 1A 308.61 FT TO S LINE SD LT 1A TH S89DEG57'31"W ON SD S LINE 130.14 FT TO CENTER LINE OF 36 FOOT WIDE PRIVATE ACCESS EASEMENT TH N 0DEG20'29"W ON SD CENTER LINE 135.93 FT TO BEG OF 56 FOOT RADIUS CURVE TO LEFT HAVING CENTRAL ANGLE 63DEG29'05" TH ON SD CURVE TO LEFT 62.05 FTTH N63DEG49'34"W 18.64 FT TO BEG OF 68 FOOT RADIUS CURVE TO RIGHT HAVING CENTRAL ANGLE 63DEG19'21" TH ON SD RADIUS CURVETO RIGHT 75.15 FT TH N 0DEG30'13"W 60.3 FT TO N LINE SD LT 1A TH N89DEG57'31"E ON SD N LINE 127.01 FT TH S85DEG54'48"E 88.94 FT TO PT BEG,LESS THAT PART LT 1A WITHIN 36 FOOT WIDE PRIVATE ACCESS EASEMENT AS SHOWN BY RECORDED LT SPLIT/COMBINATION FOR LTS 1 & 3 1.3A (LT SPLITS FILED 02/08/2002 P 17/382& 383)(NEW LEGAL DESC 2002)
14-13-19 1A IN NE COR OF S 1/2NE 1/4 DESC AS:BEG AT PT ON E LINE SD SEC 1325.7 FT S OF NE COR SD SEC TH W PARA N LINE 132 FT TH S PARA E LINE 330 FT TH E PARA N LINE 132 FT TO PT ON E LINE SD SEC TH N ALONG SECLINE 330 FT TO PT BEG,LESS .4AHWY D 286/485 .6A WW35 (ANNEXED TO CITY OF LAWRENCE ORD NO 7007 ADOPTED 03/31/1998 BK 605/49 REPLACES 800426)
DUNIGAN SUB PORTION LT 3A DESCAS:BEG AT NE COR LT 3,SD PT ALSO BEING ON W R/W LINE US HWY 59;TH S 0DEG19'19"E ON SD W R/W LINE 303.42 FT TH S89DEG40'41"W 60 FT TH S 0DEG19'19"E 5.79 FT TH S60DEGW 86.87 FT TH ONCURVE TO RIGHT HAVING RADIUS 25 FT ALONG CHORD BEARING N64DEG32'52"W ALONG CHORD DISTANCE 41.17 FT & ARC DISTANCE 48.37 FT TH N09DEG08'39"W 74.95 FT TH N 0DEG20'29"W 261.18 FT TH N89DEG57'31"E 184.14 FT TO PT BEG (LEGAL DESC PER D 620/1645 2003)
(c) The estimated or probable cost of the improvements is $600,000 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.
(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 paid by the improvement district and zero percent (0%) of the cost of the improvement 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 hearing may be adjourned from time to time and until the Governing Body shall have made findings by resolution as to the advisability of the improvement, the nature of the improvement, the estimated cost, the boundaries of the improvement district, the method of assessment and the apportionment of cost between the improvement district and the city-at-large, all as finally determined by the governing body.
This resolution shall become effective upon its publication in the official City Newspaper.
ADOPTED by the governing body of the City of Lawrence, Kansas, this _____day of __________________2005.
PASSED:
______________________________
Dennis Highberger, Mayor
ATTEST:
____________________________
Frank S. Reeb, City Clerk Date
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