ORDINANCE NO. 2613
AN ORDINANCE LEVYING AND ASSESSING SPECIAL ASSESSMENTS ON CERTAIN LOTS, PIECES AND PARCELS OF LAND LIABLE FOR SUCH SPECIAL ASSESSMENTS TO PAY THE COSTS OF IMPROVEMENTS IN THE CITY OF GARDNER, KANSAS, AS AUTHORIZED BY RESOLUTION NO. 2012 OF THE CITY (TUSCAN FARM SANITARY LIFT STATION SPECIAL BENEFIT DISTRICT).
WHEREAS, pursuant to Resolution No. 2012 of the City of Gardner, Kansas (the “City”), adopted on February 18, 2019, the Governing Body of the City has authorized the creation of an improvement district and the construction of the following improvements (the “Improvements”):
(i) installation of sanitary sewer lift station, approximately 2,540 L.F. of 8” force main, wet well, electrical generator and power lines, manhole(s), meters, and related improvements, and (ii) 12’ wide gravel access road, fencing, gates, seeding, restoration, and all related improvements; City administrative costs; and legal fees;
WHEREAS, prior to commencement of construction of the Improvements, the City has determined the maximum amount of assessment against each lot, piece or parcel of land deemed to be benefited by the Improvements based on the approved estimate of cost of the Improvements;
WHEREAS, the City has prepared an assessment roll and filed the same with the City Clerk;
WHEREAS, the City has received a waiver from the owner of all property within the improvement district that the City provide notice of, and hold a public hearing on, the proposed maximum special assessments pursuant to K.S.A. 12-6a09; and
WHEREAS, the owner of all property within the improvement district has consented to the levy of the proposed maximum special assessments as set forth in this Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF GARDNER, KANSAS:
SECTION 1. Pursuant to K.S.A. 126a01 et seq., special assessments to pay the costs of the Improvements are hereby levied and assessed against the lots, pieces and parcels of land liable therefor as described on Exhibit A to this Ordinance, which is incorporated herein by reference, and in the maximum amounts set forth on Exhibit A following the description of each lot, piece or parcel of land; provided, however, that if the final cost of the completed Improvements is less than the maximum amount of the assessments set forth on Exhibit A, the Governing Body of the City shall adjust the assessments to reflect the cost of the completed Improvements.
SECTION 2. The amounts so levied and assessed shall be due and payable from and after the date of publication of this Ordinance; and, unless waived, the City Clerk shall notify the owners of the affected properties of the maximum amounts of their assessments, that unless the assessments are paid by August 1, 2021 (the “Prepayment Date”), bonds will be issued therefor and such assessments will be levied concurrently with general taxes and be payable in fifteen (15) annual installments.
SECTION 3. The City Clerk shall certify to the County Clerk, in the same manner and at the same time as other taxes are certified, for a period of fifteen (15) years, all of the assessments which have not been paid by the Prepayment Date, together with interest on such amount thereof at a rate not exceeding the maximum rate as prescribed by the laws of the State of Kansas; and such amounts shall be placed on the tax rolls and collected as other taxes are collected, the levy for each year being a portion of the principal amount of the assessment plus one year’s interest on the amount remaining unpaid.
SECTION 4. This Ordinance shall take effect and be in force from and after its publication once in the official City newspaper. The City Clerk is directed to file this Ordinance with the Register of Deeds of Johnson County, Kansas.
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PASSED by the Governing Body of the City of Gardner, Kansas, and approved by the Mayor on April 15, 2019.
CITY OF GARDNER, KANSAS
(TUSCAN FARM SANITARY LIFT STATION SBD)
DESCRIPTION OF PROPERTY SUBJECT TO ASSESSMENT
MAXIMUM AMOUNT OF ASSESSMENT All that part of Section 2, Township 15, Range 22 in the City of Gardner, Johnson County, Kansas, described as follows:
Commencing at the Southeast corner of the Southeast quarter of said Section 2; thence North 2 degrees 49 minutes 15 seconds West, along the East Line of the Southeast quarter of said Section 2, a distance of 1321.88 feet to the point of beginning; thence South 88 degrees 19 minutes 16 seconds West, along the North lines of Lot 9, Freunds and Neighbors II, a subdivision in Johnson County, Kansas and Lots 4 through 8, Freunds and Neighbors, a subdivision in Johnson County, Kansas, a distance of 2,655.23 feet, to a point on the West Line of said Section 2; thence North 2 degrees 22 minutes 48 seconds West, along said West Line, a distance of 1318.21 feet, to a point on KDOT right-of-way; thence North 54 degrees 23 minutes 53 seconds East, along said KDot Right-of-way, a distance of 18.47 feet; thence North 52 degrees 01 minutes 54 seconds East, along said KDot Right-of-way, a distance of 292.85 feet; thence North 46 degrees 59 minutes 42 seconds East, along said KDot Right-of-way, a distance of 20.94 feet; thence North 34 degrees 47 minutes 25 seconds East, along said KDot Right-of-way, a distance 108.18 feet; thence North 89 degrees 00 minutes 13 seconds East, a distance of 1,376.19 feet, to a point on the West line of Nike School, a subdivision in the City of Gardner, Johnson County, Kansas; thence South 2 degrees 48 minutes 54 seconds East, along said West Line of Nike School, a distance of 608.79 feet; thence North 87 degrees 11 minutes 06 seconds East, along the South Line of said Nike School, a distance of 932.13, to a point on the East Line of said Section 2; thence South 2 degrees 49 minutes 15 seconds East, along said East Line of Section 2; a distance of 996.18 feet, to the point of beginning; containing 82.80 acres more or less.