RESOLUTION NO. 3147

A RESOLUTION SETTING FORTH FINDINGS AND DETERMINATIONS OF THE GOVERNING BODY ON THE ADVISABILITY OF THE CREATION OF AN IMPROVEMENT DISTRICT FOR THE INSTALLATION OF A STORM DRAINAGE SYSTEM TO HELP REDUCE FLOODING OF RESIDENTIAL PROPERTY DURING PERIODS OF INTENSE RAINFALL IN THE AREA NORTH OF WALMER STREET AND 65TH TERRACE, IN THE NORTHWEST QUARTER OF SECTION 17 TOWNSHIP 12, RANGE 25, INCLUDING HIGHLAND VIEW, A SUBDIVISION IN THE CITY OF OVERLAND PARK, JOHNSON COUNTY, KANSAS.

(I.D. NO. 00-183).

WHEREAS, on the 2nd day of February, 2000, a petition was filed with the office of the City Clerk of Overland Park, Kansas, requesting the following improvements be made:

The construction of an underground storm sewer system from the existing 12' x 5' area inlet located northwest of the northwest corner of the 6416 W. 65th terrace property line to the south along the west side of the property to the southwest corner of the property near 65th Terrace, including finish grading, driveway replacement, replacement of all fences, and sodding of all disturbed areas; and

WHEREAS, the petition has been signed by a majority of the resident owners of record of property liable for assessment or the resident owners of record of more than one-half of the area liable for assessment or the owners of record, whether resident or not, of more than one-half of the area liable to be assessed and the petition is sufficient and is in compliance with Kansas statute; and

WHEREAS, the petition contains a request that the improvement be made without notice and hearing as set forth in K.S.A. 12-6a04(1) as amended; and

WHEREAS, it is deemed necessary and desirable by the Governing Body of the City of Overland Park, Kansas, to make the above described improvement contained in the petition.

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

SECTION 1. That the Governing Body hereby finds and determines that it is advisable to make the following improvements:

The construction of an underground storm sewer system from the existing 12' x 5' area inlet located northwest of the northwest corner of the 6416 W. 65th terrace property line to the south along the west side of the property to the southwest corner of the property near 65th Terrace, including finish grading, driveway replacement, replacement of all fences, and sodding of all disturbed areas.

SECTION 2. The estimated or probable cost of the improvement is: One Hundred Two Thousand, Three Hundred and Zero One Hundredths Dollars ($102,300.00)

SECTION 3. The extent of the proposed improvement district to be assessed is as follows:

a) Metes and bounds description of the entire improvement district.

Beginning at the Northwest corner of Lot 13 of Highland View; a subdivision, in the City of Overland Park, Johnson County, Kansas; thence east along the North lot line of said Lot 13 to the West lot line of Lot 14 of Highland View; a subdivision, in the City of Overland Park, Johnson County, Kansas; thence east along the North lot line of said Lot 14 a distance of 35 feet; thence south parallel to the West lot line of said Lot 14 to the South lot line of said Lot 14; thence west along the South lot line of said Lot 14 and Lot 13 to the Southwest corner of said Lot 13; thence west along the extension of the South lot line of said Lot 13 a distance of 25 feet; thence north and parallel to the West lot line of said Lot 13 a distance of 193.9 feet; thence east to the true point of beginning.

b) Description of each tract of land included in the improvement district.

All of Lot 13 and the West 35 feet of Lot 14 and the East half of vacated Walmer Avenue adjacent to Lot 13 of Highland View; a subdivision, in the City of Overland Park, Johnson County, Kansas.

SECTION 4. The proposed method of assessment of the property in the improvement district is as follows:

The property in the improvement district shall be assessed at least an amount equal to four and one half percent (4.5%) of its total property and improvement valuation recorded in the Johnson County Clerk's office, based on the 1999 total property and improvements valuations. Any assessment in excess of four and one half percent shall be limited to whatever additional percentage is necessary for the improvement district share to equal five percent of the total project cost.

SECTION 5. The proposed apportionment of cost between the improvement district and the City-at-Large shall be as follows:

a) The properties within the improvement district shall pay the amounts set out in Section (4) above.

b) The City-at-Large shall pay the balance of all costs.

SECTION 6. The City expects to incur expenses in connection with the improvement prior to the issuance of the general obligation bonds and temporary notes which will be used to finance the improvement. The City reasonably expects to reimburse a portion of the expenditures in connection with the improvement from the proceeds of the general obligation debt. This declaration is a declaration of official intent of the City under Treasury Regulations. The maximum principal amount of debt expected to be issued is $102,300.00.

SECTION 7. The advisability of the improvement set forth herein is hereby established without notice and hearing as authorized by K.S.A. 12-6a04(2) as amended

ADOPTED AND PASSED this 5th day of June, 2000.

Ed Eilert, Mayor

ATTEST:

Marian Cook, City Clerk

APPROVED AS TO FORM:

Jane Neff-Brain

Senior Assistant City Attorney

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2010-06-15

Joe Archer