RESOLUTION NO.  6804

 

           

            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 CREATING A TRANSPORTATION DEVELOPMENT DISTRICT IN THE CITY OF LAWRENCE, KANSAS TO BE KNOWN AS FREE STATE 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 August 1, 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 Free State 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  Free State 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 October 14, 2008 at 6:35 p.m., or as soon therafter as the matter can be heard, at the City Commission Chambers located in City Hall at 6 East 6^th 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 23RD DAY OF SEPTEMBER, 2008.

 

 

 

(SEAL)                                                                                                                                                           

                                                                                                Michael Dever, 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 September 23, 2008 as the same appears of record in my office.

 

            DATED:  September ____, 2008.

 

 

 

                                                                                    ____________________________________

                                                                                                City Clerk

 

EXHIBIT A

 

(To be published in The Lawrence Journal-World on September 29 and October 6, 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

 

            October 14, 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 6^th Street, Lawrence, Kansas.

 

Boundaries of Proposed Transportation Districts to be known as the Free State TDD

 

            The legal description of the property to be contained in the proposed District to be known as the Free State 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 Free State TDD is $6,800,000, 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 $6,800,000, plus costs of issuance, costs of interest on any temporary financing and associated reserves for the Free State 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 Free State TDD. 

Special Assessments

 

            There will be no special assessments on property within the boundaries of the Free State 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:   September 23, 2008.

 

                                                                        CITY OF LAWRENCE, KANSAS

                                                                        Frank S. Reeb, City Clerk

EXHIBIT A

 

LEGAL DESCRIPTION OF PROPOSED TRANSPORTATION

 DEVELOPMENT DISTRICT TO BE KNOWN AS THE FREE STATE TDD

 

BAUER FARMS - TRACT 1

 

A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS:

 

BEGINNING AT A POINT WHICH IS SOUTH 88°11'38" WEST, 1040.80 FEET ALONG THE SOUTH LINE, AND NORTH 01°48'22" WEST, 75.00 FEET FROM THE SOUTHEAST CORNER OF SAID QUARTER SECTION, SAID POINT BEING ON THE NORTH RIGHT OF WAY LINE OF WEST SIXTH STREET; THENCE SOUTH 88°11'38" WEST, ALONG SAID NORTH RIGHT OF WAY LINE, 1494.15 FEET; THENCE NORTH 56°15'24" WEST, ALONG SAID NORTH LINE, 68.50 FEET TO THE  EAST RIGHT OF WAY LINE OF WAKARUSA DRIVE; THENCE NORTH 01°44'19" WEST, ALONG SAID EAST RIGHT OF WAY LINE, 295.38 FEET; THENCE NORTH 26°45'46" WEST, ALONG SAID EAST LINE, 28.93 FEET; THENCE NORTH 01°52'17" WEST, ALONG SAID EAST LINE, 21.68 FEET; THENCE NORTH 88°11'38" EAST, 68.82 FEET; THENCE ON A 135.00 FOOT RADIUS CURVE TO THE RIGHT WITH A 130.49 FOOT CHORD BEARING SOUTH 62°54'23" EAST, AN ARC DISTANCE OF 136.19 FEET; THENCE ON A 135.00 FOOT RADIUS CURVE TO THE LEFT WITH A 130.49 FOOT CHORD BEARING SOUTH 62°54'23" EAST, AN ARC DISTANCE OF 136.19 FEET; THENCE NORTH 88°11'38" EAST, 1264.47 FEET; THENCE SOUTH 01°48'22" EAST, 257.00 FEET TO THE POINT OF BEGINNING. CONTAINS 9.622 ACRES, MORE OR LESS.

 

BAUER FARMS - TRACT 2

 

A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 19 EAST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS:

 

BEGINNING AT A POINT WHICH IS SOUTH 88°11'38" WEST, 1152.80 FEET ALONG THE SOUTH LINE, AND NORTH 01°48'22" WEST, 332.00 FEET FROM THE SOUTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 88°11'38" WEST, 1152.47 FEET; THENCE ON A 135.00 FOOT RADIUS CURVE TO THE RIGHT WITH A 130.49 FOOT CHORD BEARING NORTH 62°54'23" WEST, AN ARC DISTANCE OF 136.19 FEET; THENCE ON A 135.00 FOOT RADIUS CURVE TO THE LEFT WITH A 130.49 FOOT CHORD BEARING NORTH 62°54'23" WEST, AN ARC DISTANCE OF 136.19 FEET; THENCE SOUTH 88°11'38" WEST, 68.82 FEET TO THE EAST RIGHT OF WAY LINE OF WAKARUSA DRIVE; THENCE NORTH 01°52'17" WEST, ALONG SAID EAST RIGHT OF WAY LINE, 7.85 FEET; THENCE NORTH 04°15'53" WEST, ALONG SAID EAST LINE, 247.85 FEET; THENCE NORTH 01°55'21" WEST, ALONG SAID EAST LINE, 121.41 FEET TO THE SOUTH RIGHT OF WAY LINE OF OVERLAND DRIVE; THENCE NORTH 88°11'38" EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, 1460.65 FEET; THENCE SOUTH 01°48'22" EAST, 503.00 FEET TO THE POINT OF BEGINNING. CONTAINS 16.271 ACRES, MORE OR LESS.

 

 

EXHIBIT B

MAP OF  TRANSPORTATION DEVELOPMENT DISTRICT

TO BE KNOWN AS THE FREE STATE TDD

 

 

 

 

 

EXHIBIT C

 

PROPOSED TRANSPORTATION DEVELOPMENT DISTRICT PROJECTS

FOR FREE STATE TDD

 

The Transportation Project generally consists of the construction of improvements including, without limitation, street improvements to Wakarusa, construction of streets within the District, upgraded sidewalks and pedestrian ways, intersection improvements, signing, signalization, 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 in Lawrence, Douglas County, Kansas as may be approved by the City Commission of Lawrence, Kansas (the “City Commission”).