RESOLUTION NO.
____
A RESOLUTION ESTABLISHING A POLICY
OF THE CITY OF
WHEREAS, the City of Lawrence, Kansas (the “City”) is committed to
the high quality and balanced growth and development of the community while
preserving the City’s unique character and broadened and diversifying the tax
base; and
WHEREAS, the economic
development goals of the City include the expansion of existing businesses,
development of new businesses, economic development activities which are
environmentally sound, diversification
of the economy, and the creation of quality jobs; and
WHEREAS, transportation
development districts are an economic development tool established by K.S.A. 12-17,140
et seq. (the “TDD Act”) which can assist with the development of transportation
projects which can benefit a development and the public; and
WHEREAS, the City finds it in the best interest of the public to
establish certain policies and guidelines for the consideration of petitions
that may be presented to the City by private developers requesting the
establishment of a Transportation Development District ("TDD").
NOW, THEREFORE, THE TRANSPORATION DEVELOPMENT DISTRICT
POLICY FOR THE CITY OF
SECTION
ONE: POLICY STATEMENT: It
is the policy of the City to consider the establishment of TDDs in order to
promote economic development within the City.
A developer may petition the City to utilize special assessments or a
special sales tax to fund the transportation related projects eligible under
the TDD statutes. In considering the
establishment of a TDD, the Governing Body shall consider the criteria outlined
in Section Two. TDD shall only be used in the
following circumstances: 1) pay-as-go in situations where the
developer has installed all of the public improvements at no cost to the City;
or 2) in situations where the City installs all or a portion of the public
improvements, and the developer provides funding through payments to the City
or special assessment benefit districts, pursuant to the City’s development
policy. The use of TDD should not alter the requirements of the
City’s Development policy in regard to the requirements of a development to pay
for public infrastructure.
SECTION
TWO: CRITERIA:
It shall be the policy of the City to create a TDD, if, in the opinion of the
Governing Body, it is in the best interest of the City to do so, and if, in the
opinion of the Governing Body, creation of such a TDD would meet one or more of
the following criteria:
1. Promote and
support efforts to redevelop sites within the City.
2. Attract
unique retail and/or mixed use development which will enhance the economic
climate of the City and diversify the economic base.
3. Result in the building of transportation
related infrastructure beyond what the City can require or would otherwise
build.
SECTION THREE:
PROCESS:
1. A developer
wishing to create a TDD in the City of
2. The petition must meet all of the statutory requirements
and must be submitted in sufficient time for staff to follow established
procedures for publication of notice, to review the project’s site plans, and
to analyze the merits of the proposed TDD in the context of existing economic
development and infrastructure projects.
3. The applicant
shall furnish further information as needed in order to clarify the petition or
to assist staff or the Governing Body with the review of the request.
4. The applicant and
the Governing Body shall then follow the statutory process to create a TDD.
SECTION FOUR: DEVELOPER REQUIREMENTS:
1. The developer
should provide evidence that they have the financial ability to complete and
operate the project.
2. Projects
with equity or private financing contributions from the developer in excess of
fifteen percent (15%) of the total TDD-eligible expenses will be viewed more
favorably.
3. In
conjunction with an ordinance passed to create a TDD under this resolution, a
development or redevelopment agreement with the developer shall also be
considered. Such agreement will outline
the responsibilities of the City and the developer.
SECTION FIVE: PAYMENT OF CERTAIN COSTS.
The
applicant may be required to pay additional costs such as outside consultant
and attorney fees. Such consultant and
attorney fees shall be deemed “costs of the project”, which may be included in
the costs of issuance when TDD bonds are issued, or otherwise paid from TDD revenues,
if a TDD is established.
SECTION
NINE: AUTHORITY OF GOVERNING BODY. The
Governing Body reserves the right to deviate from any policy, but not any
procedure set forth in this Resolution or any other procedural requirements of
state law, when it considers such action to be of exceptional benefit to the
City or extraordinary circumstances prevail that are in the best interests of
the City. Additionally, the Governing
Body, by its inherent authority, reserves the right to reject any proposal or
petition for creation of a TDD at any time in the review process when it
considers such action to be in the best interests of the City.
SECTION
TEN: EFFECTIVE DATE. This Resolution
shall take effect immediately.
ADOPTED by
the Governing Body this ______ day of ________________, 2008.
________________________________
ATTEST:
___________________________
Frank S.
Reeb, City Clerk