RESOLUTION NO. 6792
A RESOLUTION TO SUBMIT TO THE QUALIFIED ELECTORS OF THE CITY THE PROPOSITION OF LEVYING A FIVE ONE-HUNDRETHS OF ONE PERCENT (0.05%) RETAILERS’ SALES TAX IN THE CITY OF LAWRENCE, KANSAS, CONDITIONED UPON THE APPROVAL OF THE TWO TENTHS OF ONE PERCENT (0.2%) RETAILERS’ SALES TAX FOR THE PURPOSES OF PROVIDING ADDITIONAL REVENUES FOR OPERATING THE CITY PUBLIC TRANSIT SYSTEM INCLUDING ACQUIRING, CONSTRUCTING, IMPROVING, OPERATING, AND MAINTAINING DIESEL AND/OR HYBRID ELECTRIC TRANSIT VEHICLES AND OTHER TRANSIT SYSTEM CAPITAL IMPROVEMENTS, FOR PROVIDING MORE FREQUENT SERVICE ON CORE TRANSIT ROUTES, AND OTHER TRANSIT SYSTEM IMPROVEMENTS
WHEREAS, K.S.A. 12-187 et seq., and amendments thereto (the “Act”), authorizes the Governing Body of the City of Lawrence, Kansas to submit to the qualified electors of the City the question of levying a retailers’ sales tax to be collected by the State Department of Revenue with revenue therefrom returned to this City; and,
WHEREAS, the Governing Body, has determined that additional revenue is needed to operate the City Public Transit System in a system that may be merged with the University of Kansas Transit System, including purchasing and maintaining buses and other transit vehicles, transit facilities and equipment, and such other transit-related purposes as may be in the best interest of the City;
WHEREAS, the Act also authorizes the City to pledge revenues received from a city retailers’ sales tax imposed pursuant to the Act for the payment of general obligation bonds authorized by the Governing Body by appropriate ordinance for the payment of all or any portion of the cost of any public facilities, equipment or improvements for which the City is otherwise authorized pursuant to the Constitution or laws of the State of Kansas to issue general obligation bonds, subject to the requirements of the Act; and
WHEREAS, the Governing Body passed on August 5, 2008, Resolution No. 6780, authorizing a special question election to be held on November 4, 2008, for the purpose of submitting to the qualified electors of the City, the question of levying a retailers’ sales tax in the amount of two-tenths of one percent (0.2%) in the City for the purposes of operating a City Public Transit System that may be merged with the University of Kansas Transit System;
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION ONE: A special question election shall be held in the manner prescribed by law on the 4th day of November, 2008, for the purpose of submitting to the qualified electors of the City of Lawrence, Kansas, the question of levying a retailers’ sales tax in the amount of five one-hundredths of one percent (0.05%) in the City of Lawrence, Kansas, for the purposes of providing additional revenue for operating a City Public Transit System that may be merged with the University of Kansas transit system, including acquiring, constructing, improving, operating, and maintaining diesel and/or hybrid electric transit vehicles and other transit system capital improvements, for providing more frequent service on core transit routes, and other transit system improvements with said sales tax to be levied if and only if a majority of the electors voting approve the retailers’ sales tax for transit services in the City in the amount of two-tenths of one percent (0.2%), such tax to take effect on the 1st day of April, 2009, if both special question sales tax measures are approved by a majority of the electors voting thereon. The retailers’ sales tax referenced herein, if approved by a majority of the electors voting thereon, shall expire after ten (10) years from the date such tax is first collected.
SECTION TWO: If approved by a majority of the electors voting thereon, such tax shall be subject to all applicable state laws and administrative rules and regulations of the Kansas Department of Revenue. The services of the Kansas Department of Revenue shall be utilized to administer, enforce and collect such tax.
SECTION THREE: If the proposed City Retailers’ Sales Tax is approved by a majority of the electors voting thereon, the Governing Body shall establish a Sales Tax Oversight Committee to review sales tax revenues and expenditures to verify that the approved City retailers’ sales tax revenue is being used properly and in accordance with the purposes for which the City retailers’ sales tax was authorized.
SECTION FOUR: If the City desires to issue sales tax revenue and/or general obligation sales tax bonds to finance the improvements and equipment listed in Section One, then the City shall comply with all applicable notice and protest requirements contained in K.S.A. 12-195b and K.S.A. 12-197, as applicable.
SECTION FIVE: The City Clerk and the County Clerk of Douglas County shall cause notices to be published of this special question election, as provided by law.
Adopted by the Governing Body of the City of Lawrence, Kansas, this ____ day of ______, 2008.
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Michael Dever, Mayor
ATTEST:
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Frank S. Reeb, City Clerk
APPROVED AS TO FORM AND LEGALITY:
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Toni Ramirez Wheeler
Director of Legal Services