(Published in The Lawrence Journal-World on November ____, 2008)
ORDINANCE NO. 8347
AN ORDINANCE OF THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS AUTHORIZING THE LEVY OF A SPECIAL TWO-TENTHS OF ONE PERCENT (0.2%) CITYWIDE RETAILERS’ SALES TAX AND A FIVE ONE-HUNDREDTHS OF ONE PERCENT (0.05%) 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. 6780 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 two-tenths of one percent (0.2%) Citywide retailers’ sales tax (the “0.2% Sales Tax”) for the purposes of operating a City Public Transit 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 (the “Transit 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 0.2% Sales Tax is first collected; and
WHEREAS, the governing body of the City adopted Resolution No. 6792 of the City on August 12, 2008, which Resolution authorized to be submitted to the electors of the City the question of imposing a special five one-hundredths of one percent (0.05%) Citywide retailers’ sales tax (the “0.05% Sales Tax”) 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 (the “Additional Transit 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 0.05% Sales Tax is first collected; and
WHEREAS, Resolution No. 6792 and the question of imposing the 0.05% Sales Tax expressly conditioned the imposition of such sales tax on the approval by a majority of the qualified electors of the City of the question of imposing the 0.2% Sales Tax; and
WHEREAS, the questions of imposition of the 0.2% Sales Tax and imposition of the 0.05% Sales Tax were 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 those propositions voted in favor of both propositions; and
WHEREAS, pursuant to the provisions of K.S.A. 12-187 et seq. and the special question elections held on November 4, 2008, the governing body deems it necessary and advisable to authorize the levy of the 0.2% Sales Tax and the 0.05% 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 two-tenths of one percent (0.2%) Citywide retailers’ sales tax and the application of the revenue received therefrom to pay for costs incurred in connection with the Transit 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 0.2% Sales Tax is first collected.
SECTION 2. The levy of a special five one-hundredths of one percent (0.05%) Citywide retailers’ sales tax and the application of the revenue received therefrom to pay for costs incurred in connection with the Additional Transit 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 0.05% Sales Tax is first collected.
SECTION 3. 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 4. 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)