RESOLUTION NO. 6597
A RESOLUTION SETTING OUT THE FINDINGS AND DETERMINATIONS OF THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS, AND ORDERING THE CONSTRUCTION OF ANNA TAPPAN WAY FROM HASKELL AVENUE WEST APPROXIMATELY 500’ TO HANSCOM ROAD INCLUDING PROPERTY ACQUISITION, INTERSECTION IMPROVEMENTS, SUBGRADE STABILIZATION, STREET IMPROVEMENTS, SIDEWALKS, TRAFFIC CALMING, STORM SEWER, AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS.
WHEREAS, the Governing Body of the City of Lawrence, Kansas, did on June 21st, 2005 adopt Resolution 6596, setting July 19th, 2005 as the public hearing date of 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 July 19th, 2005 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 ANNA TAPPAN WAY FROM HASKELL AVENUE WEST APPROXIMATELY 500’ TO HANSCOM ROAD INCLUDING PROPERTY ACQUISITION, INTERSECTION IMPROVEMENTS, SUBGRADE STABILIZATION, STREET IMPROVEMENTS, SIDEWALKS, TRAFFIC CALMING, STORM SEWER, AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS.
b) Estimated or Probable Cost:
The estimated or probable cost of the improvement is $350,000 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:
Lots 1, 2, 3 and the east 34.72’ of Tract A, Block 1 and Lots 1 through 8 inclusive and the east 24.52’ of Lot 9, Block 2 of Hanscom-Tappan Addition, 2nd Plat, a replat of Tract B, Block 1, and Lot 14, Block 2, Hanscom-Tappan Addition a final plat of an adjacent tract in the City of Lawrence, Douglas County, Kansas, Northeast Quarter of Section 6, Township 13 South, Range 20 East,
and
Beginning at a point 21 rods south of the northeast corner of the Northeast Quarter of Section 6, Township 13 South, Range 20 East of the 6th P.M., thence west 20 rods; thence south 8 rods, thence east 20 rods; thence north 8 rods to place of beginning in the City of Lawrence, Douglas County, Kansas.
d) The method of assessment:
Property in the district located on the north side of Anna Tappan Way shall be assessed 50.932% 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 of Anna Tappan Way to the entire front footage of Anna Tappan Way in the district. Property located north of Anna Tappan Way shall be assessed for such costs based on the ratio of the front footage of each lot and parcel to the front footage of the improvement district located north of Anna Tappan Way.
Property in the district located
on the south side of Anna Tappan Way shall be assessed 49.068% 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 of Anna
Tappan Way to the entire front footage of Anna Tappan Way in the district.
Property located south of Anna Tappan Way shall be assessed for such costs
based on the ratio of the front footage of each lot and parcel to the front
footage of the improvement district located north south of Anna Tappan Way.
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.
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 $350,000, 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 19th day of July, 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