RESOLUTION NO. 7127

A RESOLUTION CALLING AND PROVIDING FOR THE GIVING OF NOTICE OF A PUBLIC HEARING ON THE ADVISABILITY OF THE MAKING OF CERTAIN INTERNAL IMPROVEMENTS IN THE CITY OF LAWRENCE, KANSAS, UNDER THE PROVISIONS OF K.S.A. 12-6a01 ET SEQ., AS AMENDED AND SUPPLEMENTED; AND PROVIDING FOR THE GIVING OF NOTICE OF SAID HEARING.

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”), hereby finds and determines it to be necessary to direct and order a public hearing on the advisability of a certain improvement in the City pursuant to the authority of the Act; and further to provide for the giving of notice of said hearing in the manner required by the Act.

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

Section 1. Public Hearing. It is hereby authorized, ordered and directed that the governing body of the City, shall hold a public hearing on the advisability of the following described 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.

Such public hearing will be held on August 4, 2015, at 5:45 P.M., at 6 East 6th Street, Lawrence, Kansas 66044, under the authority of the Act.

Section 2. Notice of Hearing. The City Clerk is hereby authorized, ordered and directed to give notice of said public hearing by publication of a Notice of Public Hearing substantially in the form attached hereto as Exhibit A two (2) times in the official City newspaper, such publications to be one (1) week apart, and the last publication to be at least three (3) days prior to the date of the hearing.

EXHIBIT A

(Published in the Lawrence Journal-World on July 17, 2015 and July 24, 2015)

NOTICE OF PUBLIC HEARING

TO: RESIDENTS OF THE CITY OF LAWRENCE, KANSAS:

You and each of you are hereby notified that the governing body of the City of Lawrence, Kansas (the “City”), will meet for the purpose of holding a public hearing, as provided by K.S.A. 12-6a01 et seq., at 6 East 6th Street, Lawrence, Kansas 66044 on August 4, 2015, at 5:45 P.M.. Said public hearing is for the purpose of considering the advisability of making certain hereinafter described improvements.

(a) The general nature of the proposed Improvements (the “Improvements”) are:

(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 a resolution authorizing the Improvements.

(c) The extent of the proposed 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 8: Tract A, Bauer Farm fifth 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 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:

Equally per square foot.

(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.

The public hearing may be adjourned from time to time and until the governing body shall have made findings by resolution as to the advisability of the Improvements, the general nature of the Improvements, the estimated cost of the Improvements, the boundaries of the Improvement District, the method of assessment, and the apportionment of the costs between the Improvement District and the City-at-large, all to be as finally determined by the governing body; provided, however, that the area of the Improvement District to be assessed for the costs of the Improvements as finally determined may be less than, but shall not exceed, the area proposed to be assessed as described above without giving notice of and holding a new hearing on the advisability of the proposed Improvements.

ALL PERSONS DESIRING TO BE HEARD WITH REFERENCE TO THE PROPOSED IMPROVEMENTS SHALL BE HEARD AT THE PUBLIC HEARING.

DATED: July 14, 2015.

/s/ Diane Bucia, Acting City Clerk