(Published in the LAWRENCE JOURNAL-WORLD on _____________ ___, 2015)

 

RESOLUTION NO. 7116

 

A RESOLUTION SETTING OUT THE FINDINGS AND DETERMINATIONS OF THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS, AND ORDERING THE REPAIR OF EXISTING CONCRETE CURBS AND GUTTERS, MILLING AND ASPHALT OVERLAY, OTHER RELATED TRAFFIC SIGNAGE, AND OTHER NECESSARY AND APPROPRIATE STREET IMPROVEMENTS ALONG MESA WAY.

 

            WHEREAS, on ____________ ___, 2015, certain property owners filed a petition pursuant to K.S.A. 12-6a01 et seq. (the “Act”), requesting that the governing body of the City of Lawrence, Kansas (the “City”) make certain improvements within the City without notice and hearing, and assess the costs of such improvements against the property described in said petition; and

 

            WHEREAS, the Governing Body hereby finds that the petition has been signed by a majority of the resident owners of record of the property liable for assessment for the proposed improvements, and is therefore sufficient pursuant to the Act; and

 

            WHEREAS, the Governing Body hereby finds that the following improvements and the creation of the following improvement district is necessary and advisable.

 

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

 

Section 1.  The Governing Body of the City hereby finds and determines that it is advisable to construct the following improvement, and hereby authorizes and orders the following improvements to be made in accordance with K.S.A. 12-6a01 et seq.:

 

The repair of existing concrete curb and gutter, milling and asphalt overlay, other related traffic signage, and all other necessary street improvements along Mesa Way from Frontier Road to Gateway Drive, then extending approximately 500 additional feet east of Gateway Drive

 

 (the “Improvements”).

 

Section 2.  The estimated or probable cost of the improvements is eighty-three thousand dollars ($83,000) to be increased at the pro rata rate of 1 percent per month from and after the adoption date of this Resolution, plus costs of issuance and plus costs of interest on any temporary financing.

 

Section 3.  The improvement district shall consist of those tracts of land legally described as follows:

 

Lots 1 to 3, 5, 6, 8 less the south 135 feet, and 9 to 15 of the Pioneer Ridge Center Subdivision, City of Lawrence, Douglas County, Kansas, including the following condominiums:

 

Part of Lot 5, Pioneer Ridge Center Subdivision, 501 Gateway Office Condominium Suites A and A-1;

 

Part of Lot 5, Pioneer Ridge Center Subdivision, 501 Gateway Office Condominium Suites B and B-1;

 

Part of Lot 11, Pioneer Ridge Center Subdivision, 3300 Mesa Way Condominium Suite A;

 

Part of Lot 11, Pioneer Ridge Center Subdivision, 3300 Mesa Way Condominium Suite B;

 

Part of Lot 11, Pioneer Ridge Center Subdivision, 3300 Mesa Way Condominium Suite C;

 

                        all located in the City of Lawrence, Douglas County, Kansas

 

(the “Improvement District”).

 

Section 4.  The method of assessment shall be: 

 

Equally per front footage of each lot, and, in the case of parcels that contain condominiums, thereafter the assessments against each condominium will be spread on a square footage basis for each condominium within such parcel.

 

Section 5.  The apportionment of costs shall be: 

 

One hundred percent (100%) of the cost of the Improvements shall be assessed to the Improvement District and no costs of the Improvements shall be paid by the City-at-large.

 

Section 6.  The City may adopt an ordinance establishing the maximum amount of special assessments prior to construction of the Improvements, all as provided by K.S.A. 12-6a09, as amended. 

 

Section 7.  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 $83,000 to be increased at the pro rata rate of 1 percent per month from and after the date of adoption of this Resolution, plus costs of issuance and plus interest on any temporary financing.

 

Section 8.  The City Clerk shall record this Resolution in the real estate records of Douglas County, Kansas.

 

Section 9.  This Resolution shall become effective upon its publication once in the official City newspaper.

 

ADOPTED by the Governing Body of the City of Lawrence, Kansas, this _____ day of

____________, 2015.

                                                                       

                                                                        PASSED:

 

                                                                        ______________________________

                                                                        Jeremy Farmer, Mayor

ATTEST:

 

____________________________

Diane M. Bucia, Acting City Clerk       

 

Legal description approved by:

 

______________________________

Charles F. Soules, Director of Public Works