(Published in The Lawrence Journal-World on November ____, 2008)

ORDINANCE NO. 8348

            AN ORDINANCE OF THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS AUTHORIZING THE LEVY OF A SPECIAL THREE-TENTHS OF ONE PERCENT (0.3%) CITYWIDE RETAILERS’ SALES TAX AND RELATED MATTERS.

            WHEREAS, pursuant to the provisions of K.S.A. 12-187 et seq., the City of Lawrence, Kansas (the “City”) is a city of the first class authorized to implement a local retailers’ sales tax upon all retail sales within the boundaries of the City, except as specifically exempted by such legislation; and

WHEREAS, the governing body of the City adopted Resolution No. 6779 of the City on August 5, 2008, which Resolution authorized to be submitted to the electors of the City the question of imposing a special three-tenths of one percent (0.3%) Citywide retailers’ sales tax (the “Sales Tax”) for the purposes of improving and maintaining public streets and sidewalks, constructing and maintaining improvements to the storm water pump station and related storm water facilities in the City north of the Kansas River, constructing and maintaining recreational trails and paths, purchasing fire apparatus and related fire equipment, and such other related street, storm water and recreational path infrastructure, and fire equipment purposes as may be in the best interest of the City (the “Sales Tax Projects”), which sales tax shall take effect on April 1, 2009 or as soon thereafter as may be permitted by the Act, and shall terminate ten (10) years from the date the Sales Tax is first collected; and

WHEREAS, the question of imposition of the Sales Tax was submitted to the electors of the City at a special question election on November 4, 2008, and at the election a majority of the qualified electors of the City voting on that proposition voted in favor thereof; and

            WHEREAS, pursuant to the provisions of K.S.A. 12-187 et seq. and the special question election held on November 4, 2008, the governing body deems it necessary and advisable to authorize the levy of the Sales Tax for the purposes described above.

            NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

            SECTION 1.  The levy of a special three-tenths of one percent (0.3%) Citywide retailers’ sales tax and the application of the revenue received therefrom to pay for costs incurred in connection with the Sales Tax Projects is hereby authorized, with collection of the sales tax to commence in accordance with K.S.A. 12-191, on April 1, 2009, and to expire ten (10) years from the date the Sales Tax is first collected.

            SECTION 2.  The City Clerk, upon passage of this Ordinance, shall provide a certified copy of the same to the State Director of Taxation pursuant to K.S.A. 12-189 and request the implementation thereof effective on April 1, 2009.

            SECTION 3.  This Ordinance shall be effective upon passage by the governing body, execution by the Mayor and publication once in the official City newspaper.

PASSED by the governing body of the City of Lawrence, Kansas on November ___, 2008.

                                                                                                Michael Dever, Mayor

(SEAL)

ATTEST:

_________________________

Frank S. Reeb, City Clerk

CERTIFICATION OF ORDINANCE NO._____

            I, the undersigned city clerk, do hereby certify that the above, or attached, and foregoing document is a true and correct copy of the original of Ordinance No._____; that said ordinance was passed on the _____day of_________, 200__; that the record of the final vote on passage is found on page _____of journal (minute book) _____; and, that it was published in The Lawrence Journal-World on the ____day of ________________, 20___.

                                                                        ______________________________________________

                                                                        Frank S. Reeb, City Clerk

                                                                        Date: _________________________________________

(SEAL)