pw_pw1507_6th_and_champion_bd_resolution

(Published in the Lawrence Journal-World on _____________, 2015)

RESOLUTION NO. 7123

A RESOLUTION DETERMINING THE ADVISABILITY OF THE MAKING OF CERTAIN INTERNAL IMPROVEMENTS IN THE CITY OF LAWRENCE, KANSAS; MAKING CERTAIN FINDINGS WITH RESPECT THERETO; AND AUTHORIZING AND PROVIDING FOR THE MAKING OF THE IMPROVEMENTS IN ACCORDANCE WITH SUCH FINDINGS, SUBJECT TO PROTEST.

WHEREAS, K.S.A. 12-6a01 et seq. (the “Act”) authorizes the governing body of any city to make or cause to be made municipal works or improvements which confer a special benefit upon property within a definable area of the city and the levying and collecting of special assessments upon property in the area deemed by the said governing body to be benefited by such improvements for special benefits conferred upon such property by any such improvements and to provide for the payment of all or any part of the costs of the improvements out of the proceeds of such special assessments; and

WHEREAS, the Act provides that before any contract is let or any work is ordered or authorized for an improvement, the governing body shall by resolution direct and order a public hearing on the advisability of the improvement, and to give notice of the hearing by not less than two (2) publications in a newspaper, such publications to be a week apart and at least three (3) days shall elapse between the last publication and the hearing; and such notice shall be given as to (a) the time and place of the hearing; (b) the general nature of the proposed improvements; (c) the estimated or probable cost of the proposed improvements; (d) the extent of the proposed improvement district to be assessed for the cost of the proposed improvements; (e) the proposed method of assessment; and (f) the proposed apportionment of the cost between the improvement district and the City-at-large; and

WHEREAS, the governing body of the City of Lawrence, Kansas (the “City”) has heretofore by Resolution No. ______, directed and ordered a public hearing on the advisability of certain internal improvements in the City, pursuant to the Act; and providing for the giving of notice of said public hearing in the manner required by the Act; and

WHEREAS, a Notice of Public Hearing was duly published once each week for two (2) consecutive weeks in the Lawrence Journal-World, the official newspaper of the City in accordance with the Act; and

WHEREAS, said public hearing was duly held this date, pursuant to such notice; and

WHEREAS, the Act provides that the governing body may, by a majority vote of the entire members-elect thereof, at any time within six (6) months after the final adjournment of the hearing on the advisability of making improvements, adopt a resolution authorizing the improvements in accordance with the findings of the governing body upon the advisability of the improvements, which resolution shall be effective upon publication once in the official City newspaper; provided, the improvements shall not be commenced if, within twenty (20) days after publication of the resolution ordering the improvement, written protests signed by both fifty-one per cent (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 such improvement district are filed with the City Clerk; and

WHEREAS, the governing body hereby finds and determines it to be necessary to make its findings, by resolution, as to the advisability of the proposed improvement, the general nature of the proposed improvement; the estimated or probable cost of the proposed improvement; the extent of the proposed improvement district to be assessed for the cost of the proposed improvement; the proposed method of assessment; and the proposed apportionment of the cost between the improvement district and the City-at-large; and further finds and determines it to be necessary to authorize the making of the improvements, by Resolution, in accordance with its findings, subject to the filing of protest thereto, and to provide for the publication thereof, all as required by the Act.

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

Section 1. Findings of Advisability. The governing body hereby finds and finally determines that:

(a) It is advisable to make the following improvements (the “Improvements”):

The construction and installation of a traffic signal and the construction of certain curb and sidewalk improvements, all at the intersection of 6th Street and Champion Lane, including all preliminary engineering, inspection and design costs, costs of issuing bonds therefor, and any interest on temporary financing, all in accordance with City standards and specifications prepared or approved by the City Engineer.

(b) The estimated or probable cost of the proposed Improvements is:

$150,000, said estimated cost to be increased at the pro rata rate of 1 percent per month from and after the date of adoption of this Resolution.

(c) The extent of the improvement district (the “Improvement District”) to be assessed for the cost of the Improvements is:

Tract 1: Lot 1, Bauer Farm third plat;

Tract 2: Lot 1, Block 1, Bauer Farm sixth plat;

Tract 3: Lot 2, Block 1, Bauer Farm sixth plat;

Tract 4: Lot 3, Block 1, Bauer Farm sixth plat;

Tract 6: Lot 4, Block 1, Bauer Farm sixth plat;

Tract 9: Lot 1, Bauer Farm fifth plat;

Tract 10: Lot 1, Champion Addition Minor Subdivision;

Tract 11: Lot 2, Champion Addition Minor Subdivision;

Tract 12: Lot 3, Block 3, Bauer Farm first plat;

Tract 13: In Section 28, Township 12 South, Range 19 East, beginning at a point which is S 88°11'38" W, 273.91 feet on south line and N 01°48'22" W, 75 feet from southeast corner of Southeast Quarter, said point being on north right of way line West 6th Street; thence S 88°11'38" W on said north right of way line, 766.89 feet; thence N 01°48'22" W, 287 feet; thence S 88°11'38" W, 112 feet; thence N 01°48'22" W, 473 feet to south right of way line of Overland Drive; thence N 88°11'38" E, on said south right of way line, 635.99 feet; thence S 01°48’22” E, 533.00 feet; thence N 88°11'38" E, 242.84 feet; thence S 01"48'22" E, 227.00 feet to the point of beginning. Contains approximately 11.62 acres;

Tract 14: Lot 1, Bauer Farm fourth plat;

Tract 15: In Section 28, Township 12 South, Range 19 East, beginning at a point which is S 88°11'38" W, 40 feet on south line and N 01°48'22" W, 75 feet from southeast corner of southeast quarter, said point being the intersection of north right of way line of West 6th Street & west right of way line of Folks Road; thence S 88°11'38" W on said north right of way line 233.93 feet; thence N 01°48'22" W, 227.00 feet; thence N 88°11'38" E, 4.21 feet; thence on a 230.00 foot radius curve to the left with a 121.69 foot chord bearing N72°51'14" E, an arc distance of 123.16 feet; thence on a 170.00 feet radius curve to the right with a 89.99 foot chord bearing N 72°51'44" E, an arc distance of 91.08 feet; thence N 88°12'38" E, 25.73 feet to the west right of way line of Folks Road; thence S 01°'47'22" E, on said west right of way line, 283.00 feet to the point of beginning. Contains approximately 1.38 acres;

Tract 16: Lot 1, Block 1, Bauer Farm first plat;

Tract 17: Lot 2, Block 1, Bauer Farm first plat;

Tract 18: Lot 3, Block 1, Bauer Farm first plat;

Tract 19: Lot 1, Block 2, Bauer Farm first plat;

Tract 20: Lot 2, Block 2, Bauer Farm first plat;

Tract 21: Lot 3, Block 2, Bauer Farm first plat;

Tract 22: Lot 3, Westgate Place Number 3, A replat of Tract A of Westgate Place, Tract A of Westgate Place Number 2, and a final plat of an adjacent tract;

Tract 23: Lot 4, Westgate Place Number 3, A replat of Tract A of Westgate Place, Tract A of Westgate Place Number 2, and a final plat of an adjacent tract;

Tract 24: Lot 2, Westgate Place Number 3, A replat of Tract A of Westgate Place, Tract A of Westgate Place Number 2, and a final plat of an adjacent tract;

Tract 25: Lot 1, Westgate Place Number 3, A replat of Tract A of Westgate Place, Tract A of Westgate Place Number 2, and a final plat of an adjacent tract;

Tract 26: Lot 2, Westgate Place, A replat of Lot 3, Westgate Subdivision Number 3;

Tract 27: Lot 2, Westgate Place Number 2, A replat of Lot 1, Westgate Place and Lot 4, Westgate Subdivision Number 3;

Tract 28: Lot 1, Westgate Place Number 2, A replat of Lot 1 Westgate Place and Lot 4, Westgate Subdivision Number 3;

Tract 29: Lot 1A, of a Lot Split of Lot 1, Westgate Subdivision Number 3, a parcel of land in the Northeast Quarter of Section 33, in Township 12 South, Range 19 East, and a replat of Westgate Subdivision Number 2, described as: the West 166.74 feet of Lot 1;

Tract 30: Lot 1B, of a Lot Split of Lot 1, Westgate Subdivision Number 3, a parcel of land in the Northeast Quarter of Section 33, in Township 12 South, Range 19 East, and a replat of Westgate Subdivison Number 2, described as: Lot 1, less the West 166.74 feet thereof;

Tract 32: Lot 2, of a Final Plat of Westgate Subdivision Number 3, a parcel of land in the Northeast Quarter of Section 33, in Township 12 South, Range 19 East, and a replat of Westgate Subdivision Number 2, less that portion of Westgate property immediately North of 4616 Hearthside Drive and which is enclosed by an existing fence which runs from east to west between Lot 2 Westgate Subdivision Number 3 and Lot 5, Block 2, Westgate Subdivision Number 1, consisting of an area of ground approximately 6 to 8 inches in width (from north to south) and 75.15 feet in length (from east to west), together with said fence

All in the City of Lawrence, Douglas County, Kansas.

(d) The method of assessment is:

Fifty percent (50%) of costs shall be assessed on a per-square-foot basis to the properties in the Improvement District north of 6th Street, and fifty percent (50%) of costs shall be assessed on a per-square foot basis to the properties in the Improvement District south of 6th Street.

(e) The apportionment of the cost of the Improvements between the Improvement District and the City-at-large is:

100% to be assessed against the Improvement District and no costs to be paid by the City-at-large.

Section 2. Authorization of Improvements. The Improvements are hereby authorized and ordered to be made in accordance with the findings of the governing body as set forth in Section 1 of this Resolution; except that, the Improvement shall not be commenced if, within twenty (20) days after publication of this Resolution, written protests signed by both fifty-one per cent (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 the Improvement District are filed with the City Clerk. The City Clerk shall report to the governing body at the end of said protest period as to whether or not any such protest petition has been filed.

Section 3. Bond Authority; Reimbursement. The Act provides for the costs of the Improvements, interest on interim financing and associated financing costs to be paid by the issuance of general obligation bonds or special obligation bonds of the City (the “Bonds”). The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of this Resolution, pursuant to Treasury Regulation 1.150-2.

Section 4. Effective Date. This Resolution shall be published one time in the official City newspaper, and shall also be filed of record in the office of the Register of Deeds of Douglas County, Kansas, and shall be effective upon publication.

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