RESOLUTION NO. 7105

A RESOLUTION OF THE CITY OF LAWRENCE, KANSAS, ESTABLISHING A TIME AND PLACE FOR A HEARING, PURSUANT TO K.S.A. 12-1750, ET SEQ., AND CHAPTER V, ARTICLE 11 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2015 EDITION, AND AMENDMENTS THERETO, REGARDING STRUCTURES ON THAT CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 1231 PENNSYLVANIA STREET, AT WHICH TIME, PERSONS HAVING AN INTEREST IN SAID STRUCTURE MAY APPEAR AND SHOW CAUSE WHY SAID STRUCTURES SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED AS UNSAFE OR DANGEROUS STRUCTURES.

WHEREAS, pursuant to K.S.A. 12-1751, the Governing Body of the City of Lawrence, Kansas, is granted, as part of its police powers, the authority to cause to be repaired or to be removed, or to repair or to remove, any structure located within the City that is unsafe or dangerous;

WHEREAS, in accordance with K.S.A. 12-750, et seq., Chapter V, Article 11 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, the Enforcing Officer for the City of Lawrence, Kansas, has filed with the Governing Body a statement in writing that the primary structure and three accessory structures located on that real property, commonly known as 1231 Pennsylvania Street, Lawrence, Douglas County, Kansas, the legal description of which is set forth at Section 2, infra, are unsafe or dangerous;

WHEREAS, upon the filing of such written statement, the Governing Body must, in accordance with K.S.A. 12-1752, establish a time and place for a public hearing, at which time, the owner, the owner's agent, any lienholders of record, and any occupant of said structures may appear and show cause why said structures should not be condemned and ordered repaired or demolished as unsafe or dangerous structures; and

WHEREAS, the City gives notice that, under K.S.A. 12-1750 et seq., the City may ultimately repair or demolish said structures, that, in such event, the owner may lose any interest in the salvage proceeds of said structures, and that any costs borne by the City in excess of the salvage value may be assessed against the real property.

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

SECTION 1. The above-stated recitals are incorporated herein by reference and shall be as effective as if set forth in full.

SECTION 2. Pursuant to K.S.A. 12-1752, a hearing will be held in the City Commission Room, First Floor, 6 East 6th Street, Lawrence, Kansas, on April 21, 2015, at 5:45 p.m., or as soon thereafter as practicable, at which time, the owner's agent, any lienholders of record, and any occupants of the structures located on that real property, commonly known as 1231 Pennsylvania Street, Lawrence, Douglas County, Kansas and bearing the following legal description, to-wit:

LOT 127 ON PENNSYLVANIA STREET IN THE ORIGINAL TOWNSITE OF THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS,

may appear and show cause why said structures should not be condemned and ordered repaired or demolished as unsafe or dangerous structures. The structures in question may be described as the primary structure, which is a blue one-story house, and three accessory structures located to the rear of the primary structure.

SECTION 3. The City Clerk is hereby directed to publish, once each week for two consecutive weeks, on the same day each week, in the official newspaper of the City, the foregoing Resolution, establishing the time and place of hearing under K.S.A. 12-1752.

SECTION 4. The City Clerk also is hereby directed to mail a copy of this Resolution to the owner, the owner's agent, any lienholder of record, and any occupant of the structure, to the extent such persons are known, at said person's last known address, and the envelope shall be marked "Deliver to Addressee Only."

ADOPTED by the Governing Body of the City of Lawrence, Kansas, this ____ day of March, 2015.

 APPROVED:

___________________________________

Mike Amyx

Mayor

ATTEST:

__________________________________

Diane Trybom

Acting City Clerk

APPROVED AS TO FORM:                   

__________________________________

Toni R. Wheeler

City Attorney

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NOTICE TO PUBLISHER

Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.