(Published in the Lawrence Daily Journal-World
on April ____, 2008)
ORDINANCE
NO. 8254
AN ORDINANCE
AUTHORIZING THE CREATION OF TRANSPORTATION DEVELOPMENT DISTRICT IN LAWRENCE,
KANSAS; AUTHORIZING THE MAKING OF CERTAIN TRANSPORTATION PROJECT IMPROVEMENTS
RELATING THERETO; APPROVING THE ESTIMATED COSTS OF SUCH TRANSPORTATION PROJECT
IMPROVEMENTS; PROVIDING FOR THE METHOD OF FINANCING; AUTHORIZING THE IMPOSITION
OF A TRANSPORTATION DISTRICT SALES TAX WITHIN THE TRANSPORTATION DEVELOPMENT
DISTRICT IN LAWRENCE, KANSAS; ESTABLISHING A METHOD OF COLLECTION OF SUCH SALES
TAX; AND PROVIDING FOR THE SEGREGATION OF SUCH SALES TAX REVENUES FOR THE
PAYMENT OF THE COSTS OF CERTAIN TRANSPORTATION PROJECTS WITHIN TRANSPORTATION
DEVELOPMENT DISTRICT
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 of the City of Lawrence,
Kansas (the “City”), 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 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 publication at least once each
week for two consecutive weeks in the official City newspaper and by certified
mail to all property owners within the proposed transportation district, the
second 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, the Governing Body adopted
Resolution No. 6756 on February 26, 2008 directing that a public hearing on the
proposed transportation district within the City be held on April 1, 2008,
declaring its intent to impose a transportation development district sales tax,
and requiring that the City Clerk provide for notice of such public hearing as
set forth in the Act; and
WHEREAS,
a Notice of Public Hearing containing 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, was mailed (by certified
mail) to all property owners within the proposed Transportation District on March
5, 2008, and published once each week for two consecutive weeks in the Lawrence Daily Journal-World, the official City newspaper, on
March 14, 2008 and March 21, 2008; and
WHEREAS, on April 1, 2008 the Governing
Body conducted a public hearing on the proposed Transportation Districts, the
proposed Transportation Projects, the estimated costs thereof, the method of
financing the same and the imposition of the transportation district sales tax;
and
WHEREAS, the Governing Body hereby finds
and determines it to be advisable to create a transportation district and set
forth the boundaries thereof, authorize transportation projects relating
thereto, approve the estimated costs of such transportation projects, approve
the method of financing the same and impose the transportation district sales
tax, all in accordance with the provisions of the Act.
NOW, THEREFORE, BE IT
ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE,
KANSAS, AS
FOLLOWS:
SECTION 1.
Creation of Transportation Development District; Boundaries. The Governing Body of the City hereby finds
and determines that it is advisable to create, in accordance with the
provisions of the Act, a Transportation Development District within the City to
be known as the Oread Transporation Development District (“Transportation
District”).
The
legal description of the property contained in the Transportation District is
set forth on Exhibit A attached hereto and incorporated by
reference herein. A map generally outlining
the boundaries of the Transportation District is attached as Exhibit B
hereto and incorporate herein by reference.
SECTION 2.
Authorization of Transportation District Projects; Estimated Costs. The
Governing Body of the City hereby
finds and determines that it is advisable to authorize certain transportation
district projects (the “Projects”) within the Transportation District, as more
fully described on Exhibit C attached hereto and incorporated by
reference. The estimated costs of the
Projects are $11,000,000.
SECTION 3.
Method of Financing.
(a) In order to provide funds to finance the
costs of the Projects, it is advisable to impose, in accordance the provisions
of the Act, a transportation district sales tax within the Transportation District
in the amount of 0.1% on the
selling of tangible personal property at retail or rendering or furnishing
services within the Transportation District (the “Sales Tax”).
(b) There will be no special
assessments levied on property within the boundaries of the Transportation
District.
(c) The costs of the Projects will be
financed on a pay as you go basis solely from the revenues generated from the Sales
Tax to be imposed on the
selling of tangible personal property at retail or rendering or furnishing services
within the Transportation District.
SECTION 4.
Imposition of Transportation District Sales Tax. In order to provide for the payment of the
Projects the Governing Body of the City Government hereby imposes the Sales Tax
within the Transportation District in an amount of 1.0% on the selling of tangible personal property
at retail or rendering or furnishing services taxable pursuant to the
provisions of the Kansas retailers' sales tax act within the Transportation
District with such Sales Tax to commence on October 1, 2009.
SECTION 5.
Collection of the Sales Tax.
The collection of the Sales Tax shall be made in the manner prescribed
by the Act.
SECTION 6.
Segregation of Sales Tax Revenues. All revenues derived from the collection of the
Sales Tax shall be deposited into a special fund of the City to be designated
as the Oread Transportation District Sales Tax Revenue Fund (the “Revenue Fund”). Such revenues shall be used to pay the costs
of the Projects and related expenses.
SECTION 6. Effective
Date. This Ordinance shall take
effect and be in full force from and after its passage by the Governing Body of
the City and publication in the official City newspaper.
PASSED by
the Governing Body of the City this 8th day of April, 2008.
SIGNED by the Mayor this _____
day of April, 2008.
Mayor
(SEAL)
Frank S. Reeb, City Clerk
APPROVED
AS TO FORM AND LEGALITY:
Toni Ramirez Wheeler, Director of Legal Services
