RESOLUTION NO. ____
A RESOLUTION ESTABLISHING A POLICY OF THE CITY OF LAWRENCE, KANSAS RELATING TO TRANSPORTATION DEVELOPMENT DISTRICTS.
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 broadening
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 developersapplicants
requesting the establishment of a Transportation Development District
("TDD").
NOW, THEREFORE, THE TRANSPORATION DEVELOPMENT DISTRICT POLICY FOR THE CITY OF LAWRENCE, KANSAS, WILL BE AS FOLLOWS:
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. An applicant 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 applicant
has installedproposes to install
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
applicant 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. When
establishing a TDD, consideration should be given to pedestrian and public
transportation needs.
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 to be built or would otherwise build.
SECTION THREE: PROCESS:
1. A developerAn
applicant wishing to request the City to create a TDD in
the City of Lawrence shall first submit a petition to the City as
outlined in state statute. The petition must be signed by the
owners of all of the land within the proposed district and shall include all
information required by K.S.A. 12-17,142 and amendments thereto;1) the
general nature of the proposed project, 2) the estimated cost of the
project, 3) the proposed method of financing the project, 4) the proposed
amount and method of assessment, 5) the proposed amount of TDD sales tax, and
6) a map or boundary description of the proposed district. In
addition to the information required by K.S.A. 12-17, 142,Additionally,
the developer applicant shall
provide information regardingevidence
in a form satisfactory to the City of the developer’s applicant’s
financial capacityability to
complete the project as proposed. The applicant shall also provide
information disclosing and the amount of
financial commitment the developer applicant
proposes to contribute to the proposed project.
2. The petition must meet all of the
statutory
requirements of the TDD Act and this policy, 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 such
additional further information as needed requested
by the City in order to clarify the petition or to assist staff or
the Governing Body with the reviewevaluation of
the requestpetition.
4. The applicant and the Governing
Body shall then follow the statutory process set forth in the TDD Act,
as amended, for consideration of the petition to
create a TDD and creation of a TDD, if appropriate.
City staff shall make
available to the public in a timely manner
information summarizing the TDD Act and the process for evaluating a request
to create a TDD. The
procedural steps identified
in state statute to create
a TDD will be
set forth clearly so that the public and applicant understand the process. The City’s
process for considering the request to createestablishing
a TDD will emphasize
transparency, while balancing the potential need for some applicant information
to remain confidential. Further, the City’s
process for considering the request for the creation of a TDD
shall, and encourage
public participation and comment.
SECTION FOUR: DEVELOPER
APPLICANT REQUIREMENTS:
1. The developer applicant
shallould provide
evidence in a form acceptable to the City,
that they applicant haves
the financial ability to complete and operate the proposed project in a timely
manner.
2. Projects with equity or
private financing contributions from the developer applicant
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 applicant shall
also be considered. Such agreement will outline the responsibilities of the
City and the developerapplicant.
SECTION FIVE: PAYMENT OF CERTAIN COSTS.
The City may require the applicant
to
enter into a funding agreement to finance costs incurred by
the City for additional legal,
financial and/or planning consultants, or for director out-of pocket expenses
and other costs relating from services rendered to the applicant to review,
evaluate, process and consider the petition for a transportation development
district.may be required to pay additional costs such as
outside consultant and attorney fees. Such costs and expenses may be
deemed costs of the project, to the extent permitted by the TDD Act,
as amended.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.
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ATTEST:
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Frank S. Reeb, City Clerk