RESOLUTION No. 6901

 

A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS GIVING NOTICE OF A PUBLIC HEARING ON THE ADVISABILITY OF CREATING A COMMUNITY IMPROVEMENT DISTRICT IN THE CITY OF LAWRENCE, KANSAS TO BE KNOWN AS OUSDAHL 23 COMMUNITY IMPROVEMENT DISTRICT

 

WHEREAS, K.S.A. 2009 Supp. 12-6a26 et seq. (“the Act”) authorizes the governing body of any city or county to establish community improvement districts (“CID”) within such jurisdictions to fund all or part of projects authorized under the Act; and

 

WHEREAS, the Act further authorizes said governing body in order to pay the costs of a CID project, to impose a community improvement district sales tax on the selling of tangible personal property at retail or rendering or furnishing services taxable pursuant to the provisions of the Kansas retailers’ sales tax act, and amendments thereto, within a community improvement district in any increment of .10% or .25% not to exceed 2% and pledging the revenue received therefrom to pay for the project or reimburse the cost of the project pursuant to pay-as-you-go financing; and

 

WHEREAS, a petition (the “CID Petition”) was filed with the City on May 12, 2010, proposing the creation of a Community Improvement District; and

 

WHEREAS, the CID Petition was signed by the owners of record of more than 55% of the land area within the proposed Community Improvement District, and signed by owners collectively owning more than 55% by assessed value of the land area within the proposed Community Improvement District; and

 

WHEREAS, the CID Petition proposes the City of Lawrence, Kansas create the Community Improvement District and impose a Community Improvement District Sales Tax in an amount not to exceed one percent (1.0%); and

 

WHEREAS, the Act provides that prior to creating any Community Improvement District, the governing body shall by resolution give notice of a public hearing on the advisability of creating a Community Improvement District by publishing such resolution at least once each week for two consecutive weeks in the newspaper and sending a copy of such resolution by certified mail to all owners; 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 Ousdahl 23 Community Improvement District, 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 CID 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 with the provisions of the Act, on the advisability of creating the Ousdahl 23 Community Improvement District and the making of projects therein as set forth in the CID Petition, and whether to impose a Community Improvement District Sales Tax in an amount not to exceed one percent (1.0%), such hearing to be held on August 24, 2010, at 6:35 p.m., or as soon thereafter as the matter can be heard, in the City Commission Chambers located in City Hall at 6 East 6th 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 in substantially 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 (7) 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 Community Improvement District at least ten days prior to the date of the hearing. 

 

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 3RD DAY OF AUGUST, 2010. 

 

 

 

                                                                                                                                               

                                                                        Mike Amyx, Mayor

 

ATTEST:

 

 

 

                                                                       

Jonathan M. Douglass, City Clerk

 

 

Approved as to form:

 

 

 

                                                                       

Toni R. Wheeler, Director of Legal Department

CERTIFICATE

 

I hereby certify that the above and foregoing is a true and correct copy of Resolution No. 6900 of the City of Lawrence, Kansas adopted by the Governing Body on August 3, 2010, as the same appears of record in my office.

 

DATED:  August         , 2010.

 

 

 

                                                                                                                                               

                                                                        Jonathan M. Douglass, City Clerk

 

EXHIBIT A

 

(To be published in The Lawrence Journal-World for two consecutive weeks)

 

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. 2009 Supp. 12-6a26 et seq. (the “Act”) for the purpose of considering the advisability of creating a community improvement district, authorizing the project, approving the estimated cost of the project, approving the boundaries of the district, and levying the community improvement sales tax. 

 

Time and Place of Hearing

 

            August 24, 2010 at 6:35 p.m., or as soon thereafter as the matter can be heard in the City Commission Chambers located in City Hall at 6 East 6th Street, Lawrence, Kansas. 

 

General Nature of the Proposed Project

 

            The general nature of the proposed project is to provide reconstruction and improvements on the properties located within the District.  Proposed improvements include installation of new curbing, landscaping and lighting, construction of new sidewalks and installation of handicap parking for ADA accessibility, replacement of asphalt parking lots, replacement of roofs, paint and exterior building repairs and replacement or repair of mechanical systems for buildings within the District.

 

Estimated Cost of the Proposed Project

 

            Petitioner estimates the cost of the improvements to the District will total approximately $1,508,537.00.  This estimate includes the cost of repairs in addition to as built surveys, environmental reports, assessment studies and blight determination, appraisals, landscape architecture, construction supervision and staking, soil testing, fees and permits, attorney fees, taxes and insurance, brokerage and development fees, and ongoing maintenance. 

 

Proposed Method of Financing the Project

 

            Petitioner states the proposed District Projects will be financed on a pay-as-you-go basis payable by private financing secured by Developer and reimbursed from revenues received from the imposition of a one percent (1.0%) Community Improvement District Sales Tax on the selling of tangible personal property at retail or rendering or furnishing services taxable pursuant to the provisions of the Kansas retailers’ sales tax act, and amendments thereto, within the proposed Ousdahl 23 Community Improvement District.

 

Proposed Amount of the Community Improvement District Sales Tax

 

            One percent (1.0%)

 

Proposed Amount and Method of Special Assessments

 

            None

 

A Map and Legal Description of Proposed District

 

            A map generally outlining the boundaries of the proposed Ousdahl 23 Community Improvement District is attached as Exhibit A hereto and incorporated by reference herein.  The legal description of the property to be contained in the proposed Ousdahl 23 Community Improvement District is set forth in Exhibit B attached hereto and incorporated by reference herein. 

 

ALL PERSONS DESIRING TO BE HEARD WITH REFERENCE TO THE PROPOSED COMMUNITY IMPROVEMENT DISTRICT SHALL BE HEARD AT THE PUBLIC HEARING. 

 

Dated:  August 3, 2010.                                  City of Lawrence, Kansas

                                                                        Jonathan M. Douglass, City Clerk

EXHIBIT A

 

(Map outlining boundaries of proposed Ousdahl 23 Community Improvement District)

 

EXHIBIT B

 

(Legal Description of property to be contained in Ousdahl 23 Community Improvement District)

 

Parcel I:  Lot 4, Southwest Addition No. 9, In the City of Lawrence, Douglas County, Kansas, commonly known as 1730 West 23rd Street;

 

Parcel II:  Lot 5 and the West 45 feet of Lot 6, Southwest Addition No. 9, in the City of Lawrence, Douglas County, Kansas, commonly known as 1720 West 23rd Street;

 

Parcel III:  The East 35 feet of Lot 6, all of Lot 7, the West 35 feet of Lot 8, the North 45 feet of the East 45 feet of Lot 8 and the North 45 feet of Lot 9, all in Southwest Addition No. 9, in the City of Lawrence, Douglas County, Kansas, commonly known as 1714 West 23rd St.

 

Lot 1, Southridge Addition No. 2, in the City of Lawrence, Douglas County, Kansas

Lot 2, Southridge Addition No. 2, in the City of Lawrence, Douglas County, Kansas

Lot 3 Southridge Addition No. 2, in the city of Lawrence, Douglas County, Kansas

Commonly known as 1801 W. 23rd Street;