ORDINANCE NO. 9295

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS PERTAINING TO THE DEFERRAL PERIOD OF CERTAIN SPECIAL ASSESSMENTS PREVIOUSLY AUTHORIZED BY THE CITY ON LOTS, PIECES AND PARCELS OF EAST HILLS BUSINESS PARK

WHEREAS, the City of Lawrence, pursuant to City Resolution No. 5328, authorized the formation of the East Hills Business Park Improvement District for the making of certain improvements within said District to recover the cost of the City’s expenditures; and

WHEREAS, pursuant to City Ordinance No. 6010, the City levied and assessed special assessments on certain lots, pieces and parcels of land for the purpose of paying the costs of improvements in the City more fully described in Ordinance No. 6010, deferring said special assessments for a period of 20 years pursuant to the terms and conditions of City Ordinance Nos. 6009 and 6010; and

WHEREAS, pursuant to City Ordinance No. 8258, the City was authorized to defer the collection of Assessments levied against lots and pieces of land within the East Hills Business Park Improvement District owned by the Board of County Commissioners of Douglas County for an additional period of five (5) years, for a total deferral period of twenty-five (25) years;

WHEREAS, pursuant to City Ordinance Nos. 9293 and 9294, the City is authorized to defer the collection of remaining Assessments levied against lots and pieces of land within the East Hills Business Park Improvement District owned by the Board of County Commissioners of Douglas County for an indefinite period;

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

Section 1.  As authorized by Ordinance No. 9294, the deferral period for the collection of any remaining Assessments levied by Ordinance No. 6010, as extended by Ordinance No. 8258 and Ordinance No. 9294 against lots and pieces of land within the East Hills Business Park Improvement District owned by the Board of County Commissioners of Douglas County is extended for an indefinite period, or until such time as such property is sold or conveyed to a party other than the current owners of the property.   If the property is sold or conveyed to a party other than the current owner who agrees to construct a speculative building for resale on the property, and such party presents proof satisfactory to the City of such party’s ability to construct such building, the deferral period shall continue until such time as such party sells or leases the property to the subsequent purchaser of lessee. The deferred portion of the assessments shall become due and payable as provided in Ordinance No. 9294 and upon a determination that the deferred assessments have become due the City Clerk shall notify the County Clerk of Douglas County of the amount of such assessments and that it is to be collected in the manner provided by law. 

Section 2.  All remaining requirements of City Ordinance No. 6010, as amended by Ordinance No. 9294, other than the length of the deferral period as modified in Section 1 of this Ordinance, remain in full force and effect.  

Section 3.  This Ordinance shall take effect from and after its passage and publication in the official City newspaper, as provided by law. 

            PASSED by the Governing Body of the City of Lawrence, Kansas on this ____ day of September, 2016.

APPROVED:

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Mike Amyx

                                                                                    Mayor

ATTEST:

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Sherri Riedemann

City Clerk

APPROVED AS TO FORM:

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Toni R. Wheeler

City Attorney

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NOTICE TO PUBLISHER

Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.