(PUBLISHED IN THE LAWRENCE JOURNAL-WORLD ON APRIL __, 2014)

 

ORDINANCE NO. 8976

 

AN ORDINANCE LEVYING THE ASSESSMENTS ON LOTS, PIECES AND PARCELS OF LAND IN THE CITY OF LAWRENCE, KANSAS, TO PAY THE COSTS FOR THE CONSTRUCTION OF CERTAIN STREET AND WATER IMPROVEMENTS FOR YANKEE TANK ESTATES SUBDIVISION, AS AUTHORIZED BY RESOLUTION 7059.

 

WHEREAS, the Governing Body of the City of Lawrence, Kansas (the “City”), by Resolution No. 7059 authorized the following improvements (the “Improvements”) in accordance with K.S.A.12-6a01 et seq.:

 

THE CONSTRUCTION OF ATCHISON AVENUE FROM W. 31ST STREET TO W. 32ND STREET, THE CONSTRUCTION OF 32ND STREET FROM E. 1200 ROAD (KASOLD DRIVE) TO ATCHISON AVENUE, THE CONSTRUCTION OF E. 1200 ROAD (KASOLD DRIVE) FROM W. 32ND STREET TO 31ST STREET, AND A LEFT TURN LANE ON 31ST STREET TO ATCHISON AVENUE, ALL INCLUDING PAVEMENT, CURB AND GUTTER, SUBGRADE STABLIZATION, STORM SEWER AND DITCH GRADING, SIDEWALKS ON BOTH SIDES; THE CONSTRUCTION OF WATERLINE ALONG 32ND STREET FROM KASOLD DRIVE TO ATCHISON AVENUE, AND ALONG ATCHISON AVENUE FROM 31ST STREET TO 32ND STREET; AND OTHER NECESSARY AND APPROPRIATE IMPROVEMENTS

 

WHEREAS, the Governing Body has determined that the maximum total cost of the Improvements to be assessed to the hereinafter described lots, pieces, parcels and tracts of ground specially benefited thereby is $689,200.00, all of which shall be assessed to the hereinafter described lots, pieces, parcels and tracts of ground specially benefited thereby and none of which shall be paid by the City at large; and

 

WHEREAS, notice of a public hearing to consider the proposed assessments was published in the official City newspaper and mailed to the owners of the property to be assessed; and

 

WHEREAS, the Governing Body did hold a public hearing on April 8, 2014, 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 the cost and expense of the Improvements within the property specially benefited thereby, the following maximum special assessments shall be and are hereby levied and assessed against the following property, all as follows:

 

LEGAL

MAXIMUM ASSESSMENT

BLOCK 1, LOT 1, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$54,156.36

BLOCK 1, LOT 2, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

 $6,701.16 

BLOCK 1, LOT 3, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$5,143.15

BLOCK 1, LOT 4, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$5,143.89

BLOCK 1, LOT 5, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$5,143.89

BLOCK 1, LOT 6, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$5,144.64

BLOCK 1, LOT 7, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$5,145.38

BLOCK 1, LOT 8, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$5,145.38

BLOCK 1, LOT 9, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

 $5,146.12

BLOCK 1, LOT 10, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$5,654.57

BLOCK 2, LOT 1, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$344,600.00

BLOCK 3, LOT 1, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$5,923.27

BLOCK 3, LOT 2, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$4,512.97

BLOCK 3, LOT 3, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$4,512.97

BLOCK 3, LOT 4, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$4,512.97


 

BLOCK 3, LOT 5, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$7,703.22

BLOCK 3, LOT 6, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$6,745.70

BLOCK 3, LOT 7, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$4,988.02

BLOCK 3, LOT 8, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$4,988.02

BLOCK 3, LOT 9, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$4,988.02

BLOCK 3, LOT 10, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$4,988.02

BLOCK 3, LOT 11, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$6,546.77

BLOCK 4, LOT 1, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$6,235.02

BLOCK 4, LOT 2, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$4,750.49

BLOCK 4, LOT 3, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$4,750.49

BLOCK 4, LOT 4, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$4,750.49

BLOCK 4, LOT 5, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$4,750.49

BLOCK 4, LOT 6, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$4,750.49

BLOCK 4, LOT 7, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$6,019.76

BLOCK 4, LOT 8, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$5,526.16

BLOCK 4, LOT 9, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$4,512.97

BLOCK 4, LOT 10, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$4,512.97

BLOCK 4, LOT 11, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$4,512.97

BLOCK 4, LOT 12, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$4,512.97

BLOCK 4, LOT 13, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$4,512.97

BLOCK 4, LOT 14, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$5,923.27

BLOCK 5, LOT 1, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$6,579.43

BLOCK 5, LOT 2, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$5,012.51

BLOCK 5, LOT 3, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$5,012.51

BLOCK 5, LOT 4, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$5,012.51

BLOCK 5, LOT 5, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$5,012.51

BLOCK 5, LOT 6, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$5,012.51

BLOCK 5, LOT 7, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$5,102.33

BLOCK 5, LOT 8, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$6,145.95

BLOCK 5, LOT 9, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$9,033.36

BLOCK 5, LOT 10, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$6,303.31

BLOCK 5, LOT 11, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$4,602.04

BLOCK 5, LOT 12, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$5,619.68

BLOCK 5, LOT 13, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$4,933.83

BLOCK 5, LOT 14, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$4,602.04

BLOCK 5, LOT 15, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$4,602.04

BLOCK 5, LOT 16, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$4,616.14

BLOCK 5, LOT 17, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$5,232.96

BLOCK 5, LOT 18, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$6,168.22

BLOCK 5, LOT 19, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$6,170.44

BLOCK 5, LOT 20, YANKEE TANK ESTATES, A SUBDIVISION, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.

 

 

$6,869.66

                                                            TOTAL  =

 

$689,200.00

 

SECTION TWO:  The amounts so levied and assessed in Section One of this Ordinance shall be due and payable from and after the date of the publication of this Ordinance. 

 

SECTION THREE:  The owner of any property so assessed may at any time up to thirty (30) days from the date of the publication of this ordinance pay the whole cost of the assessment against any property by making payment to the City Clerk and shall not thereafter be liable for any further assessment for the cost of expenses of the Improvements or for the payment of any bonds issued therefore or the interest thereon.

 

            SECTION FOUR: The money so paid in full as provided in Section Three hereof 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 FIVE: The City will issue general obligation bonds for any amount of the special assessments not paid prior to the date provided in Section Three, and the amount of such special assessment will be collected in twenty (20) equal annual installments, together with interest at a rate not in excess of the maximum legal rate.

 

SECTION SIX: All special assessments not prepaid as provided in Section Three hereof shall be certified by the City Clerk to the County Clerk in the same manner and at the same time as other taxes are certified and will be collected in 20 annual installments, together with interest on such amounts at a rate not exceeding the maximum rate therefor as prescribed by the Act.  Interest on the assessed amount remaining unpaid between the effective date of this Ordinance and the date the first installment is payable, but not less than the amount of interest due during the coming year on any outstanding bonds issued to finance the Improvements, shall be added to the first installment.  The interest for one year on all unpaid installments shall be added to each subsequent installment until paid.

 

SECTION SEVEN: 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 EIGHT:    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 8TH DAY OF APRIL, 2014.

 

APPROVED:

 

 

_____________________________

Mike Amyx, Mayor

ATTEST:

 

 

______________________________________________

Diane M. Trybom, City Clerk                            Date       

 

 

 

Approved as to form and legality:

 

 

______________________________________________

Toni R. Wheeler                                                Date               

City Attorney

 

 

Legal descriptions approved by:

 

 

______________________________________________

Charles F. Soules, P.E.                                       Date                

Director of Public Works