ORDINANCE NO. 9304

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, ADOPTING A NEIGHBORHOOD REVITALIZATION PLAN, DESIGNATING A NEIGHBORHOOD REVITALIZATION AREA, AND ESTABLISHING A FUND TO FINANCE THE REDEVELOPMENT OF THE AREA FOR THAT REAL PROPERTY COMMONLY KNOWN AS 826 PENNSYLVANIA STREET, LAWRENCE, DOUGLAS COUNTY, KANSAS, ALL IN ACCORDANCE WITH THE KANSAS NEIGHBORHOOD REVITALIZATION ACT OF 1994, CODIFIED AS AMENDED AT K.S.A. 12-17,114 ET SEQ.

WHEREAS, pursuant to authority granted it by the Kansas Neighborhood Revitalization Act of 1994 (“the Act”), codified as amended at K.S.A. 12-17,114 et seq., the Governing Body of the City of Lawrence, Kansas, desires to adopt a plan for the revitalization of 826 Pennsylvania Street, Lawrence, Douglas County, Kansas, to designate 826 Pennsylvania Street as a Neighborhood Revitalization Area, and to create a fund to finance the redevelopment of the area and to provide rebates authorized by the Act, all in accordance with the Act;

WHEREAS, at its October 18, 2016, public meeting, in accordance with the Act, the Governing Body scheduled a public hearing for November 1st, for the purpose of considering the Neighborhood Revitalization Plan (a copy of which is affixed hereto as Exhibit A) for 826 Pennsylvania Street;

WHEREAS, in accordance with the Act, the Governing Body caused notice of such public hearing to be published in The Lawrence Journal-World, a newspaper of general circulation within the City, on October 20, 2016, and October 27, 2016; and

WHEREAS, at its November 1st, 2016, public meeting, pursuant to said public notice, the Governing Body considered the Neighborhood Revitalization Plan for 826 Pennsylvania Street.

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

SECTION 1. The above-stated recitals are incorporated herein by reference and shall be as effective as if repeated verbatim.

SECTION 2. The Governing Body hereby adopts the Neighborhood Revitalization Plan for 826 Pennsylvania Street (“Revitalization Plan”), attached hereto as Exhibit A, and incorporates the same herein by reference.

SECTION 3. The Governing Body has determined that that real property, commonly known as 826 Pennsylvania Street, Lawrence, Douglas County, Kansas, and legally described as

Lot 3, 8th and Pennsylvania Neighborhood Redevelopment Addition No. 3, a Minor Subdivision Replat of Lots 1 and 2, Block “A” of 8th and Pennsylvania Neighborhood Redevelopment, in the City of Lawrence, Douglas County, Kansas,

constitutes an area which, by reason of the presence of a substantial number of deteriorated or deteriorating structures, defective or inadequate streets, incompatible land use relationships, faulty lot layout in relation to size, adequacy, accessibility or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquencies exceeding the actual value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or a combination of such factors, substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes an economic or social liability, and is detrimental to the public health, safety, or welfare in its present condition and use. Accordingly, pursuant to the Act, the Governing Body hereby designates that real property, legally described above, as the “826 Pennsylvania Street Neighborhood Revitalization Area” (“the Revitalization Area”).

SECTION 4. The Governing Body hereby creates, pursuant to K.S.A. 12-17,118, a Neighborhood Revitalization Fund in order to finance the redevelopment of the Revitalization Area and to provide a rebate of property tax increments as scheduled in the Revitalization Plan.

SECTION 5. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance. 

SECTION 6. This ordinance shall be in full force and effect from and after its passage and publication as provided by law.

PASSED by the Governing Body of the City of Lawrence, Kansas, this ____ day of November, 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 once and return one Proof of Publication to the City Clerk and one to the City Attorney.