RESOLUTION NO 3148

A RESOLUTION AUTHORIZING AND PROVIDING FOR 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, the Governing Body of the City of Overland Park, Kansas, did on the 5th day of June, 2000, find that the petition for the below-described improvement was sufficient; and,

WHEREAS, the Governing Body did on the 5th day of June, 2000, adopt Resolution No. 3147 finding it advisable to make the improvements as provided by Chapter 12, Article 6a, of the Kansas Statutes Annotated.

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

SECTION 1. That the following improvement is hereby authorized and ordered to be made in accordance with Resolution No. 3147 and the findings of the Governing Body as follows:

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 improvement shall commence regardless of protest, and the City Clerk is ordered not to receive any protest, all as provided in K.S.A. 12-6a04 and 12-6a06.

SECTION 7. 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.

BE IT FURTHER RESOLVED that this resolution shall take effect and be in force from and after its passage and adoption by the Governing Body and its publication in The Overland Park Sun, an official City newspaper.

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