RESOLUTION NO. 6595
A RESOLUTION SETTING OUT THE FINDINGS AND DETERMINATIONS OF THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS, AND ORDERING 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.
WHEREAS, the Governing Body of the City of Lawrence, Kansas, did on May 3rd, 2005 adopt Resolution 6584, setting June 7, 2005 as the public hearing date on the advisability of the following improvement:
WHEREAS, notice of such hearing was duly published as required by law; and
WHEREAS, the Governing Body did on June 7, 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 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) Estimated or Probable Cost:
The estimated or probable cost of the improvement 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.
c) 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)
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 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 $600,000, 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.
ADOPTED and passed this ___ day of June, 2005.
PASSED:
______________________________
Dennis Highberger, 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