ORDINANCE NO. MTI-2861

AN ORDINANCE PROVIDING FOR THE PUBLIC IMPROVEMENT OF A MAIN TRAFFICWAY – 127TH STREET, METCALF AVENUE TO NALL AVENUE.

WHEREAS, K.S.A. 12-687 authorizes the Governing Body to improve designated trafficways; and

WHEREAS, on the 10th day of January, 1977, 127th Street, Metcalf Avenue and Nall Avenue were designated a main trafficways by Ordinance No. MT-917, in accordance with K.S.A. 12-685; and

WHEREAS, it is the intention of the Governing Body of Overland Park, Kansas, to improve the following main trafficway, to wit:

The construction of 127th Street from 60 feet east of the centerline of Metcalf Avenue to 60 feet west of the centerline of Nall Avenue. Construction will include a dual 28 foot roadway with a 24 foot median located in 120 feet of right-of-way. Left turn lanes will be located at side streets as required. Concrete sidewalks, 5 feet in width, will be located on the south side of 127th Street. An asphalt bike and pedestrian trail, 10 feet in width, will be located on the north side of 127th Street. The project also includes construction of storm sewers, street lights, retaining walls, restoration, and other items incidental to the street construction; and

WHEREAS, all legal proceedings and requirements have been complied with for the public improvement of the main trafficway.

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

SECTION 1. That the following main trafficway be improved as provided by K.S.A. 12-685 et seq.:

The construction of 127th Street from 60 feet east of the centerline of Metcalf Avenue to 60 feet west of the centerline of Nall Avenue. Construction will include a dual 28 foot roadway with a 24 foot median located in 120 feet of right-of-way. Left turn lanes will be located at side streets as required. Concrete sidewalks, 5 feet in width, will be located on the south side of 127th Street. An asphalt bike and pedestrian trail, 10 feet in width, will be located on the north side of 127th Street. The project also includes construction of storm sewers, street lights, retaining walls, restoration, and other items incidental to the street construction (the “Improvement”).

SECTION 2. The estimated and probable cost of the Improvement is:

Eight Million Five Hundred Seventy Thousand and Zero One Hundredths Dollars ($8,570,000.00).

SECTION 3. The Improvement shall be financed from revenue sources authorized by K.S.A.

12-689.

SECTION 4. 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 Eight Million Five Hundred Seventy Thousand and Zero One Hundredths Dollars ($8,570,000.00).

SECTION 5. This ordinance shall take effect and be in force from and after its publication in an official City newspaper.

PASSED by the Governing Body this 8th day of February, 2010.

APPROVED by the Mayor this 8th day of February, 2010.

______________________________

Carl Gerlach, Mayor

ATTEST:

___________________________

Marian Cook, City Clerk

APPROVED AS TO FORM:

___________________________

Tammy M. Owens

Senior Assistant City Attorney

2

Jane Neff-Brain

2010-06-15

Joe Archer

The City of Overland Park