Title
A RESOLUTION AMENDING AND SUPPLEMENTING RESOLUTION NO. 53-2012 WHICH AUTHORIZED CREATION OF A STORM WATER DRAINAGE IMPROVEMENT DISTRICT FOR GREENWICH PLAZA ADDITION. DISTRICT 5.
Presented by: Joe L. Norton, Gilmore & Bell, P.C., Bond Counsel.
RECOMMENDED ACTION: Adopt the resolution.
Body
On April 18, 2012, the Board of County Commissioners unanimously adopted Resolution No. 53-2012 which created the Greenwich Plaza Addition Storm Water Drainage improvement benefit district and authorized the construction of improvements. Project plans have been completed and bids have been received to construct the improvements. The original petition did not cover the estimated total cost of the improvements based on the lowest, responsible and responsive construction bid received by the county.
An updated and valid petition which has been signed by the owners of 100% of the property in the benefit district has been filed with the County Clerk. The petition requests that the project authorization be increased from $35,000 to $60,500. The lots in the benefit district will be assessed fractionally so that each lot will bear a proportionate share of the project costs. If this resolution is approved, the lowest responsible and responsive bid can be accepted and a construction contract can be awarded for the project.
Alternatives: Deny the petition. If the petition is denied, the contract for the project can not be awarded and Public Works will recommend rejection of all bids. No new bids will be taken until the Board of County Commissioners approves this or a similar resolution.
Financial Considerations: The project budget would be increased from $35,000 to $60,500. All project costs, including the cost of financing, would be paid by the owners of the property through special assessments.
Legal Considerations: K.S.A. 19-27,181 et seq., as amended by Charter Resolution No. 62 of the County (the "Act") authorizes the Board of County Commissioners (the "Board") to provide for the making of, Improvements which confer a special benefit upon property within a definable area of the County and may levy and collect special assessments upon property in the area deemed by the Board to be benefited by such Improvement for special benefits conferred upon such property by any such Improvement and to provide for the payment of all or any part of the cost of the Improvement out of the proceeds of such special assessments and to finance the same with bonds and/or temporary notes of the County. As provided in the Act, an Improvement may include the following without limitation because of enumeration:
(a) Acquisition of (1) property or interest in property when necessary for any of the purposes authorized by this Charter Resolution and (2) any improvement authorized to be constructed under the Act.
(b) To open, widen and extend Streets and otherwise to improve paving and other surfacing, gutters, curbs, sidewalks, crosswalks, driveway entrances and structures, including traffic control devices, drainage works incidental thereto and drainage works incidental thereto, and service connections from sewer, water, gas and other utility mains, conduits or pipes necessarily lying within curb lines.
(c) To improve storm water and sanitary sewer systems and appurtenances thereto.
(d) To improve Street lights and Street lighting systems.
(e) To improve waterworks systems and water distribution systems owned and operated by a water district established pursuant to K.S.A. 19-3501 et seq., and amendments thereto.
(f) To improve parks, playgrounds and recreational facilities.
(g) To improve any Street or other facility by landscaping, planting of trees, shrubs and other perennial plants.
(h) To improve dikes, levees and other flood control works, gates, lift stations, bridges and streets appurtenant thereto.
(i) To improve vehicle and pedestrian bridges, overpasses and tunnels.
(j) To improve retaining walls and area walls on public ways or land abutting thereon.
(k) To improve property for off-street parking facilities including construction and equipment of buildings thereon for such purpose.
Consideration of the creation of such benefit districts may be initiated by petition or affected property owners, by the Board upon notice, hearing and opportunity for protest or in the case of certain adjoining parallel Streets, by direct action of the Board. If initiated by petition the County must receive a petition signed by either (i) a majority of the owners of record of property liable for assessment under the proposal, (ii) the resident owners of record of more than one-half of the area liable for assessment under the proposal, or (iii) the owners of record (whether resident or not) of more than one-half of the area liable to be assessed under the proposal.
Policy Considerations: The Prior Resolution created a special assessment project. Individual special assessment projects are not listed in or authorized within the Capital Improvement Program. These projects are completed in accordance with policies and procedures outlined in the Debt Management Policy. The policy establishes debt limits for the County as well as requirements for the posting of letters of credit guaranteeing payment of property taxes and special assessments on projects in new developments. Professional services contracts and construction contracts required to complete the project are submitted to the Board of County Commissioners for approval in separate action.
Outside Attendees:
Multimedia Presentation: