RESOLUTION NO.  6756

 

           

            A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS CALLING AND PROVIDING FOR THE GIVING OF NOTICE OF A PUBLIC HEARING ON THE ADVISABILITY OF CREATIING A TRANSPORTATION DEVELOPMENT DISTRICT IN THE CITY OF LAWRENCE, KANSAS TO BE KNOWN AS OREAD TDD AND MAKING CERTAIN TRANSPORTATION PROJECT IMPROVEMENTS THEREIN; AND PROVIDING FOR THE GIVING OF NOTICE OF SAID HEARING.

 

 

            WHEREAS, K.S.A. 12-17,140 et. seq. (the “Act”) authorizes the governing body of any city or county to create transportation development districts (“Transportation Districts”) within such jurisdiction, to acquire interests in property and to construct any project or undertaking therein to improve any bridge, street, road, highway access road, interchange, intersection, signing, signalization, parking lot, bus stop, station, garage, terminal, hangar, shelter, rest area, dock, wharf, lake or river port, airport, railroad, light rail or other mass transit facility and any similar or related project or infrastructure including, but not limited to, utility relocation; sanitary and storm sewers and lift stations; drainage conduits, channels and levees; streetlight fixtures, connection and facilities; underground gas, water, heating and electrical services and connections located within or without the public-right-of-way; sidewalks and pedestrian underpasses or overpasses; and water main and extensions; and including a building facade but only when part of remodeling, repairing, enlarging or reconstructing an existing building (collectively, “Transportation Projects”); and

 

            WHEREAS, the Act further authorizes said governing body, in order to pay the costs of such Transportation Projects, to levy a transportation district sales tax on the selling of tangible personal property at retail or rendering or furnishing services taxable pursuant to the Kansas retailer's sales tax act within Transportation Districts in any increment of .10% or .25% not to exceed 1.0% and/or the levy of special assessments upon property within such Transportation Districts, and to issue revenue bonds payable from such sales taxes and/or special assessments; and

 

            WHEREAS, a petition (the “TDD Petition”) was filed with the City Clerk on February 19, 2008, proposing the creation of a Transportation District, the making of Transportation Projects therein and the imposition of a transportation district sales tax in order to pay the costs of such Transportation Projects; and

 

            WHEREAS, the TDD Petition was signed by the owners of record, whether resident or not, of all of the land area within the proposed Transportation District; and

 

            WHEREAS, the City of Lawrence, Kansas (the “City”) intends to create the Transportation District and to levy a Transportation Development District Sales Tax in an amount not to exceed 1.0% as requested in the TDD Petition (the “TDD Sales Tax”); and

           

            WHEREAS, the Act provides that prior to creating any Transportation District, the governing body shall, by resolution, direct and order a public hearing on the advisability of creating such Transportation District and the construction of such Transportation Projects therein, and to give notice of the hearing by at least two publications in the official newspaper and by certified mail to all property owners within the proposed Transportation District, such publication to be at least seven days prior to the hearing and such certified mail sent at least ten days prior to such hearing; and

 

            WHEREAS, such published and mailed notices shall contain the following information:  (a) the time and place of the hearing; (b) the general nature of the proposed Transportation Projects; (c) the maximum cost of the proposed Transportation Projects; (d) the proposed amount of the transportation development district sales tax; (e) the proposed amount of any special assessments and the method of assessment; and (f) the map or boundary description of the proposed Transportation District; and

 

            WHEREAS, the Governing Body hereby finds and determines it to be necessary to direct and order a public hearing on the advisability of creating the Oread TDD, the making of Transportation Projects therein as set forth in the TDD Petition and levying the TDD Sales Tax, pursuant to the authority of the Act; and further to provide for the giving of notice of said hearing in the manner required by the Act.

 

            NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY  OF LAWRENCE, KANSAS, AS FOLLOWS:

 

            SECTION 1.  Petition.  The Governing Body hereby finds that the TDD Petition meets the requirements of the Act.

 

            SECTION 2.  Public Hearing.  It is hereby authorized, ordered and directed that the Governing Body shall hold a public hearing, in accordance the provisions of the Act, on the advisability of creating the  Oread TDD and the making of Transportation Projects therein as set forth in TDD Petition, and  whether to impose a Transportation Development District Sales Tax in an amount not to exceed 1.0%, such public hearing to be held on April 1, 2008 at 6:35 p.m., or as soon therafter as the matter can be heard, at in the City Commission Chambers located in City Hall at 6 East 6th Street, Lawrence, Kansas, under the authority of the Act.

 

            SECTION 3.  Notice of Hearing.  The City Clerk is hereby authorized, ordered and directed to give notice of said public hearing by publication of a Notice of Public Hearing substantially in the form attached hereto as Exhibit A in the official newspaper.  Such notice shall be published at least once each week for two consecutive weeks.  The second notice shall be published at least seven days prior to the date of the hearing.  The City Clerk is hereby further ordered and directed to mail a copy of such Notice of Public Hearing, via certified mail, to all property owners within such proposed Transportation District at least ten days prior to the date of the hearing.

 

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            SECTION 4.  Effective Date.  This Resolution shall be effective upon adoption by the Governing Body.

 

            ADOPTED AND APPROVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS THIS 26TH DAY OF FEBRUARY, 2008.

 

 

 

(SEAL)                                                                                                                                                           

                                                                                                            Sue Hack, Mayor

ATTEST:

 

 

                                                           

            Frank s. Reeb, City Clerk

 

 

Approved as to form:

 

 

                                                                       

Toni Ramirez Wheeler, Director of Legal Services

                                                                       


CERTIFICATE

 

            I, hereby certify that the above and foregoing is a true and correct copy of Resolution No. ________ of the City of  Lawrence, Kansas adopted by the Governing Body on February 26, 2008 as the same appears of record in my office.

 

            DATED:  February ____, 2008.

 

 

 

                                                                                    ____________________________________

                                                                                                City Clerk

 

EXHIBIT A

 

(To be published in The Lawrence Journal-World on March 14 and 21, 2008)

 

NOTICE OF PUBLIC HEARING

 

            The Governing Body of the City of Lawrence, Kansas (the “City ”), will meet for the purpose of holding a public hearing, as provided by K.S.A. 12-17,140 et. seq. (the “Act”) for the purpose of considering the advisability of creating a transportation development district, approving the boundaries of the district, authorizing certain hereinafter described transportation project improvements, approving the maximum costs of the improvements and levying the transportation development district sales tax.

 

Time and Place of Hearing

 

            April 1, 2008 at 6:35 p.m., or as soon therafter as the matter can be heard, at in the City Commission Chambers located in City Hall at 6 East 6th Street, Lawrence, Kansas.

 

Boundaries of Proposed Transportation Districts to be known as the Oread TDD

 

            The legal description of the property to be contained in the proposed District to be known as the Oread TDD is set forth on Exhibit A attached hereto and incorporated by reference herein.

 

            A map generally outlining the boundaries of the proposed Districts are attached as Exhibit B hereto, and incorporated by reference herein.

 

Proposed Transportation District Projects

 

            The general nature of the proposed transportation district projects (the “Projects”) to be constructed within the proposed District are set forth on Exhibit C attached hereto and incorporated by reference herein.

 

Maximum Costs

 

            The maximum costs of the proposed Projects for the Oread TDD is $11,000,000, plus costs of issuance, costs of interest on any temporary financing and associated reserves. 

 

Method of Financing

 

            The costs of the proposed Projects and associated reserves and costs of issuance will be financed by the issuance of revenue bonds of the City in a maximum principal amount of $11,000,000, plus costs of issuance, costs of interest on any temporary financing and associated reserves for the Oread TDD.  The revenue bonds will be secured by the pledge of money received from the imposition of a transportation district sales tax in amount not to exceed 1.0% on the selling of tangible personal property at retail or rendering or furnishing services taxable pursuant to the Kansas retailer's sales tax act within the Oread TDD. 


Special Assessments

 

            There will be no special assessments on property within the boundaries of the Oread TDD.

           

            The public hearing may be adjourned from time to time.  At the conclusion of the public hearing, the Governing Body may, by passage of an ordinance, create the District and establish the boundaries thereof, authorize the Projects, approve the estimated costs of such Projects and approve the method of financing the same; provided, however, that the area of the District to be assessed for the costs of the Projects may be less than but shall not exceed, the area proposed to be assessed as described above without giving notice of and holding a new hearing.

 

            ALL PERSONS DESIRING TO BE HEARD WITH REFERENCE TO THE PROPOSED IMPROVEMENT SHALL BE HEARD AT THE PUBLIC HEARING.

 

            DATED:   February 26, 2008.

 

                                                                        CITY OF LAWRENCE, KANSAS

                                                                        Frank S. Reeb, City Clerk

 

EXHIBIT A

 

LEGAL DESCRIPTION OF PROPOSED TRANSPORTATION

 DEVELOPMENT DISTRICT TO BE KNOWN AS THE OREAD TDD

 

 

North 40 feet of Lot 8 and the South 60 feet of Lot 9, Block 2, Oread Addition;

 

The West Seventy (70) feet of Lot Seven (7), in Block Two (2), Oread Addition, an Addition to the City of Lawrence, Douglas County, Kansas;

 

The South 60 feet of the West 70 feet of Lot 8, Block 2, in Oread Addition, a subdivision in the City of Lawrence, Douglas County, Kansas;

 

AND

 

The East 55 feet of Lot 7 and the East 55 feet of the South 60 feet of Lot 8, all in Block 2, in Oread Addition in the City of Lawrence, Douglas County, Kansas.

 

 

 

EXHIBIT B

MAP OF  TRANSPORTATION DEVELOPMENT DISTRICT

TO BE KNOWN AS THE OREAD TDD

 

 

EXHIBIT C

 

PROPOSED TRANSPORTATION DEVELOPMENT DISTRICT PROJECTS

FOR OREAD TDD

 

The Project generally consists of the construction of a hotel and meeting space facility in Lawrence, Douglas County, Kansas known as “The Oread,” as may be approved by the City Commission of Lawrence, Kansas (the “City Commission”), together with other improvements including, without limitation, street improvements to Oread Avenue, upgraded sidewalks and pedestrian ways, repairs to 12th Street, intersection improvements, signing, signalization, an underground parking facility, streetscapes, sanitary and storm sewer improvements, street light fixtures, underground gas, water, heating and electrical services and connections, and water main extensions, and all other necessary and related projects as permitted by the TDD Act.