Details for Ordin 2020-14.Dayton Crk Ph II SBD

(Published in the Miami County Republic Wed., 9/16/20)

ORDINANCE NO. 2020-14
AN ORDINANCE ADJUSTING SPECIAL ASSESSMENTS ON CERTAIN LOTS, PIECES AND PARCELS OF LAND IN THE CITY OF SPRING HILL, KANSAS,
ALL PURSUANT TO K.S.A. 12 6a01 ET SEQ. (DAYTON CREEK PHASE II SPECIAL BENEFIT DISTRICT).

WHEREAS, pursuant to K.S.A. 12 6a01 et seq., and Ordinance No. 2019-09 of the City of Spring Hill, Kansas (the “City”), passed on May 9, 2019 (the “Original Assessment Ordinance”), the
Governing Body of the City levied special assessments against certain property in the City located within the Dayton Creek Phase II Special Benefit District (the “District”) in connection with the
construction of the following improvements (the “Improvements”):

    Construction of sanitary sewers, storm drainage facilities, site grading and erosion
    control, subgrade stabilization for all internal streets, 6” asphalt base material, 4”
    asphalt base below curb and gutter, concrete sidewalk ramps, preliminary and final
    engineering, survey, construction staking, construction supervision, testing and other
    related improvements, City Administration costs, legal fees and costs associated with
    the bond and interest expense associated with financing the improvements;

WHEREAS, the Improvements have been completed, and the final cost of the completed
Improvements is approximately $170,000 less than the aggregate amount of the assessments set forth on Exhibit A to the Original Assessment Ordinance;

WHEREAS, the Governing Body has provided notice and, on the date hereof, has conducted a
public hearing on proposed adjustments to reduce the assessments levied pursuant to the Original Assessment Ordinance;

WHEREAS, the Governing Body finds it necessary and desirable to reduce the assessments levied pursuant to the Original Assessment Ordinance to reflect the approximately $170,000 difference in the final cost of the completed Improvements; and

WHEREAS, the Governing Body further finds it necessary and desirable to return to the owners of property within the District the difference between the amount of special assessments levied and collected for the 2019 tax year and the amount of special assessments which would have been levied for the 2019 tax year pursuant to this Ordinance;

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SPRING HILL, KANSAS:

Section 1. The special assessments levied pursuant to the Original Assessment Ordinance to pay the costs of the Improvements are hereby adjusted based on the final costs of the Improvements and are levied and assessed against the lots, pieces and parcels of land liable therefor as described in Exhibit A to this Ordinance, which is incorporated herein by reference, and in the amounts set forth in Exhibit A following the description of each lot, piece or parcel of land. All other terms and provisions of the Original Assessment Ordinance shall remain in full force and effect.

Section 2. The City Clerk is hereby authorized and directed to (a) mail a notice of the adjusted
assessments to each of the owners of property within the District assessed for the Improvements and (b) provide for the payment to each of the owners of property within the District the difference between the amount of special assessments levied and paid by such owner for the 2019 tax year and the amount of special assessments which would have been levied and payable by such owner for the 2019 tax year pursuant to this Ordinance.

Section 3. This Ordinance shall take effect and be in force from and after its publication (including publication of Exhibit A hereto) once in the official City newspaper and shall also be filed of record in the office of the Register of Deeds of Johnson County, Kansas.

PASSED by the Governing Body of the City of Spring Hill, Kansas, and approved by the Mayor on September 10, 2020.

        CITY OF SPRING HILL, KANSAS

        /s/Steven L. Owen ___________
        Steven L. Owen, Council President,
        by the direction of the city council,
        the mayor being absent from the meeting
ATTEST:
/s/ Glenda Gerrity
Glenda Gerrity, City Clerk

APPROVED AS TO FORM:
By: /s/ Frank H. Jenkins, Jr.
Frank H. Jenkins, Jr., City Attorney
APPROVED AS TO FORM:
By: /s/Tyler Ellsworth
Tyler Ellsworth, Bond Counsel


EXHIBIT A
Dayton Creek Phase II Special Benefit District Adjusted Assessments

Parcel Number            Legal Description        Amount of Assessment
            Dayton Creek, Third Plat, Lot 49     $31,273.11
            Dayton Creek, Third Plat, Lot 50     $31,273.11
            Dayton Creek, Third Plat, Lot 51     $31,273.11
            Dayton Creek, Third Plat, Lot 52     $31,273.11
            Dayton Creek, Third Plat, Lot 53     $31,273.11
            Dayton Creek, Third Plat, Lot 54     $31,273.11
            Dayton Creek, Third Plat, Lot 55     $31,273.11
            Dayton Creek, Third Plat, Lot 56     $31,273.11
            Dayton Creek, Third Plat, Lot 57     $31,273.11
            Dayton Creek, Third Plat, Lot 58     $31,273.11
            Dayton Creek, Third Plat, Lot 59     $31,273.11
            Dayton Creek, Third Plat, Lot 60     $31,273.11
            Dayton Creek, Third Plat, Lot 61     $31,273.11
            Dayton Creek, Third Plat, Lot 62     $31,273.11
            Dayton Creek, Third Plat, Lot 63     $31,273.11
            Dayton Creek, Third Plat, Lot 64     $31,273.11
            Dayton Creek, Third Plat, Lot 65     $31,273.11
            Dayton Creek, Third Plat, Lot 66     $31,273.11
            Dayton Creek, Third Plat, Lot 67     $31,273.11
            Dayton Creek, Third Plat, Lot 68     $31,273.11
            Dayton Creek, Third Plat, Lot 69     $31,273.11
            Dayton Creek, Third Plat, Lot 70     $31,273.11
            Dayton Creek, Third Plat, Lot 71     $31,273.11
            Dayton Creek, Third Plat, Lot 72     $31,273.11
            Dayton Creek, Third Plat, Lot 73     $31,273.11
            Dayton Creek, Third Plat, Lot 74     $31,273.11
            Dayton Creek, Third Plat, Lot 75     $31,273.11
            Dayton Creek, Third Plat, Lot 76     $31,273.11
            Dayton Creek, Third Plat, Lot 77     $31,273.11
            Dayton Creek, Third Plat, Lot 78     $31,273.11
            Dayton Creek, Third Plat, Lot 79     $31,273.11
            Dayton Creek, Third Plat, Lot 80     $31,273.11
            Dayton Creek, Third Plat, Lot 81     $31,273.11
            Dayton Creek, Third Plat, Lot 82     $31,273.11
            Dayton Creek, Third Plat, Lot 83     $31,273.11
            Dayton Creek, Third Plat, Lot 84     $31,273.11
            Dayton Creek, Third Plat, Lot 85     $31,273.11