ORDINANCE NO. 7862
AN ORDINANCE LEVYING ASSESSMENTS ON LOTS, PIECES, AND PARCELS OF LAND IN THE CITY OF LAWRENCE, KANSAS TO PAY PART OF THE COSTS FOR THE CONSTRUCTION OF SANITARY SEWER IMPROVEMENTS INCLUDING PUMP STATION, FORCE MAIN, GRAVITY LINES AND RELATED AND ATTENDANT IMPROVEMENTS IN AND NEAR RIVERSIDE BUSINESS PARK AS AUTHORIZED BY RESOLUTION 6402.
WHEREAS, on the 6th day of August, 2002 the Governing Body of the City of Lawrence, Kansas (the city), by Resolution 6402 authorized the construction of sanitary sewer improvements, including pump station, force mains, gravity lines and related and attendant improvements, including property acquisition (the "Improvements"), in the City of Lawrence, Kansas, under the authority of K.S.A. 12-6a01 to 12-6a17, inclusive as amended; and,
WHEREAS, while Section III of Resolution 6402 authorized the levy of maximum special assessments prior to the construction of the Improvements, the Governing Body has determined that the assessments should be levied after the construction of the Improvements; and
WHEREAS, the Governing Body has determined that construction of the Improvements has been completed and the total costs of the Improvements are $1,326,645.18; and
WHEREAS, the Governing Body has determined that the costs assessed to the hereinafter described lots, pieces, parcels and tracts of ground specially benefited thereby are $199,067; and
WHEREAS, the Governing Body, after due notice, did hold a public hearing on the 9th day of August, 2005, to consider the proposed assessments and after the hearing was closed, authorization was given to prepare an assessment ordinance for consideration.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION ONE: For the purpose of paying part of the costs and expense of the Improvements, there shall be and are hereby apportioned, levied and assessed, the special assessments in the amounts and 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: The amounts set forth herein are hereby ascertained fixed and levied by the City against each lot, parcel, piece and tract of ground to pay the costs of the Improvements, and the owner of any such lot, piece, parcel or tract of ground as described above may at any time on or before ________, 2005, pay to the City Treasurer the entire sum hereby apportioned, assessed and levied against each of said lots, pieces, parcels and tracts of ground and shall not thereafter be liable for any further assessment for the cost or expense of the Improvements or for the payment of any bonds issued therefore or for the interest thereon.
SECTION THREE: 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 FOUR: 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 FIVE: 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 SIX: Pursuant to K.S.A. 12-6a11, no suit to set aside the 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 SEVEN: 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 ____ DAY OF _________, 2005.
APPROVED
______________________________
Dennis Highberger, Mayor
ATTEST
_____________________________
Frank S. Reeb, City Clerk
EXHIBIT A
TO ORDINANCE 7862
Plate No Property Owner / Legal Description Assessment Per Lot
U14336 Riverside Business Park, LLC $33,339.25
LOT 1, RIVERSIDE BUSINESS PARK, A SUBDIVISION
OF THE CITY OF LAWRENCE, KANSAS.
U14336-01 Riverside Business Park, LLC $45,310.31
LOT 2, RIVERSIDE BUSINESS PARK, A SUBDIVISION
OF THE CITY OF LAWRENCE, KANSAS.
U14336B Classic Eagle Distributing, LLC $43,281.99
LOT 3, RIVERSIDE BUSINESS PARK, A SUBDIVISION
OF THE CITY OF LAWRENCE, KANSAS.
U14336A Riverside Development, INC. $13,065.85
LOT 4, RIVERSIDE BUSINESS PARK, A SUBDIVISION
OF THE CITY OF LAWRENCE, KANSAS.
U14336C Riverside Business Park, LLC $17,290.71
LOT 5, RIVERSIDE BUSINESS PARK, A SUBDIVISION
OF THE CITY OF LAWRENCE, KANSAS.
U14336D Riverside Business Park, LLC $19,755.46
LOT 6, RIVERSIDE BUSINESS PARK, A SUBDIVISION
OF THE CITY OF LAWRENCE, KANSAS.
U14336E Riverside Business Park, LLC $27,023.42
LOT 7, RIVERSIDE BUSINESS PARK, A SUBDIVISION
OF THE CITY OF LAWRENCE, KANSAS.