ORDINANCE NO. 9159
AN ORDINANCE LEVYING THE MAXIMUM ASSESSMENTS ON LOTS, PIECES AND PARCELS OF LAND IN THE CITY OF LAWRENCE, KANSAS, TO PAY THE COSTS FOR THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS, AS AUTHORIZED BY RESOLUTION 7129.
WHEREAS, the Governing Body of the City of Lawrence, Kansas (the “City”), by Resolution No. 7129 authorized 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.
all pursuant to K.S.A. 12-6a01 et seq. (the “Act”); and,
WHEREAS, the Act provides that the Improvements may be assessed prior to construction; and,
WHEREAS, pursuant to K.S.A. 12-6a09(c), the maximum amount of assessment has been determined for each lot, piece or parcel of land deemed to be benefited by the Improvements in the City of Lawrence, Kansas; and
WHEREAS, the Governing Body has determined that the maximum cost of the Improvements is one hundred fifty thousand dollars ($150,000), of which one hundred percent (100%) shall be assessed to the hereinafter described lots, pieces, parcels and tracts of ground specially benefited thereby and no costs (0%) shall be paid by the City at large; and,
WHEREAS, notice of a public hearing to consider the proposed maximum 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 the 8th day of September 2015, to consider the proposed maximum assessments and after the hearing was closed, authorization was given to prepare a maximum assessment ordinance for consideration.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
Section 1: For the purpose of paying the cost and expense of the Improvements within the property specially benefited thereby, there shall be and are hereby apportioned, levied and assessed, the maximum special assessments upon the following lots, pieces, parcels and tracts of ground liable therefore, all as follows:
|
Number |
Owner |
Legal Description |
Maximum Assessment |
|
Tract 1 |
Lawrence Tunnel Wash LLC |
Lot 1, Bauer Farm third plat |
$2,845.99 |
|
Tract 2 |
Free State Group LLC |
Lot 1, Block 1, Bauer Farm sixth plat |
5,015.23 |
|
Tract 3 |
Wakarusa Investors LLC |
Lot 2, Block 1, Bauer Farm sixth plat |
5,078.93 |
|
Tract 4 |
Wakarusa Investors LLC |
Lot 3, Block 1, Bauer Farm sixth plat |
6,385.40 |
|
Tract 6 |
Free State Group LLC |
Lot 4, Block 1, Bauer Farm sixth plat |
1,700.88 |
|
Tract 9 |
Theatre Lawrence Inc. |
Lot 1, Bauer Farm fifth plat |
7,018.12 |
|
Tract 10 |
Sachi Real Estate LLC |
Lot 1, Champion Addition Minor Subdivision |
1,710.69 |
|
Tract 11 |
Free State Holdings Inc. |
Lot 2, Champion Addition Minor Subdivision |
1,328.87 |
|
Tract 12 |
Free State Holdings Inc. |
Lot 3, Block 3, Bauer Farm first plat |
2,412.91 |
|
Tract 13 |
Bauer Farms Residential LLC
|
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 |
27,734.82 |
|
Tract 14 |
Lawrence Retirement Residence LLC |
Lot 1, Bauer Farm fourth plat |
10,111.46 |
|
Tract 15 |
Free State Holdings Inc.
|
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 acresfoot 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 |
3,284.83 |
|
Tract 16 |
Free State Holdings Inc. |
Lot 1, Block 1, Bauer Farm first plat |
1,211.50 |
|
Tract 17 |
Cole CV Lawrence Ks LLC |
Lot 2, Block 1, Bauer Farm first plat |
3,845.80 |
|
Tract 18 |
Bauer Farm Retail Pad 1 LLC |
Lot 3, Block 1, Bauer Farm first plat |
2,498.80 |
|
Tract 19 |
Halle Properties LLC |
Lot 1, Block 2, Bauer Farm first plat |
2,121.58 |
|
Tract 20 |
Bernal Pete G |
Lot 2, Block 2, Bauer Farm first plat |
1,653.61 |
|
Tract 21 |
Bauer Farm Retail Pad 2 LLC |
Lot 3, Block 2, Bauer Farm first plat |
2,140.21 |
|
Tract 22 |
Northland Venture LC
|
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 |
3,142.04 |
|
Tract 23 |
Tuckel Russell L Jr.
|
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 |
3,066.56 |
|
Tract 24 |
Westgate LC
|
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 |
15,400.99 |
|
Tract 25 |
Westgate LC
|
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 |
15,616.90 |
|
Tract 26 |
Raving Fan Investments LLC
|
Lot 2, Westgate Place, A replat of Lot 3, Westgate Subdivision Number 3 |
2,239.51 |
|
Tract 27 |
Rolling Properties LLC
|
Lot 2, Westgate Place Number 2, A replat of Lot 1, Westgate Place and Lot 4, Westgate Subdivision Number 3 |
2,121.20 |
|
Tract 28 |
Bala Properties LLC
|
Lot 1, Westgate Place Number 2, A replat of Lot 1 Westgate Place and Lot 4, Westgate Subdivision Number 3 |
2,540.92 |
|
Tract 29 |
Landmark National Bank
|
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 |
3,173.20 |
|
Tract 30 |
Lucky Dogs LLC
|
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 |
3,960.54 |
|
Tract 32 |
Kansas Apartments LP
|
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 |
10,638.53 |
|
|
|
Maximum Costs to be Assessed to Improvement District = |
$150,000.00 |
The governing body hereby finds that Tract 8: Tract A, Bauer Farm fifth plat within the City of Lawrence, Kansas was inadvertently included in Resolution No. 7129 as a property benefitting from the Improvements. Tract 8 is a drainage easement. The governing body hereby finds that such property is not benefitted by the Improvements by virtue of its status as a drainage easement, and such property is therefore excluded from the property to be assessed pursuant to this Ordinance.
Section 2: After completion of the Improvements, the City Engineer shall certify to the City Commission the actual cost of the Improvements and the actual assessments which shall not be greater than that shown in Section 1 hereof and the City Clerk shall then notify by first class mail the owner of any such lots, pieces, parcels and tracts of ground as shown in Section 1 hereof as to the actual assessments.
Section 3: The owner of any property so assessed may at any time up to thirty (30) days following the date of the City Clerk’s notification referred to in Section 2, pay the whole cost of the assessment against any lots, pieces, parcels and tracts of ground by making such 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 on the interest thereon.
Section 4: The money so paid in full as provided in Section 3 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 the City Clerk’s notification, 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 5: The sums herein certified to each lot, piece, parcel and tract of ground shall be collected in ten (10) equal annual installments, the first of said installments shall be placed on the tax rolls in the year certified and the installment for each year thereafter for the full term of ten (10) years, and the sum so assessed and levied shall bear interest at a rate not in excess of the maximum legal rate.
Section 6: The City Clerk is hereby directed to annually levy the several installments in the proper amounts with interest, in a manner and within the time provided by law; provided, however, that this section shall not apply to any lot, parcel, piece or tract of ground for which the full amount of the assessment has been paid as provided and authorized by law.
Section 7: Pursuant to K.S.A. 12-6a11, no suit to set aside the assessments established 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 8: 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 SEPTEMBER, 2015.
APPROVED:
_____________________________
Mike Amyx, Mayor
ATTEST:
__________________________________________
Diane M. Bucia, City Clerk
Legal descriptions approved by:
___________________________________________
Director of Public Works