ORDINANCE NO. 9325

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, REPEALING EXISTING CHAPTER I, ARTICLE 21 AND ENACTING, IN ITS PLACE, CHAPTER I, ARTICLE 21 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2015 EDITION, AND AMENDMENTS THERETO, PERTAINING TO THE PUBLIC INCENTIVES REVIEW COMMITTEE.

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

SECTION 1. Existing Chapter I, Article 21, of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, is hereby repealed in its entirety, it being the intent of the Governing Body that Section 2 of this Ordinance supersede it.

SECTION 2. The Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, is hereby amended by adding Chapter I, Article 21, which reads as follows:

ARTICLE 21. PUBLIC INCENTIVES REVIEW COMMITTEE

1-2101             PURPOSE.

In order to advance the health, safety, and welfare of all residents of the City of Lawrence, it is the goal of the Governing Body to use judiciously those economic development incentives created by the Kansas legislature to stimulate the local economy. To that end, the Governing Body hereby establishes the Public Incentives Review Committee (PIRC) to review requests for economic development incentives and to make certain recommendations to the Governing Body regarding the use of economic development incentives.

1-2102             PUBLIC INCENTIVES REVIEW COMMITTEE; ESTABLISHMENT; MEMBERSHIP.

(a)        There is hereby established the Public Incentives Review Board ("PIRC"). PIRC shall be composed of not more than eight (8) persons. PIRC will be composed of: 

(1)        the Mayor, or the Mayor’s designee, who shall serve as the PIRC chair;

(2)        one additional member of the Governing Body, appointed by the Mayor with the consent of the Governing Body;

(3)        a member of the Board of County Commissioners, appointed by the Board of County Commissioners;

(4)        a member of Unified School District No. 497 School Board, or a School Board representative, appointed by the School Board;

(5)        a professional analyst, appointed by the Mayor with the consent of the Governing Body, who shall serve a three-year term;

(6)        the Chair of the Lawrence/Douglas County Economic Development Board;

(7)        a resident of the City, appointed by the Mayor with the consent of the Governing Body, from a list of not less than three persons selected by the Sustainability Advisory Board, who shall serve a three-year term; and

(8)        a resident of the City, appointed by the Mayor with the consent of the Governing Body, who shall serve a three-year term.

1-2103             SAME; BYLAWS AND MEETINGS.

PIRC shall adopt bylaws governing the procedures to be used by PIRC. The bylaws shall establish specific duties and responsibilities of the Chair, the time and place for meetings, rules of order, and other rules governing procedures and operations of PIRC, including procedures for amending the bylaws.

1-2104             SAME; CONFLICTS OF INTEREST

All PIRC members shall by abstention refrain from participating in the decision-making process, including discussing and voting, on any item for which he or she, his or her employer, or the entity which he or she is representing appears before PIRC and would receive direct financial benefit if the item was to be approved by the Governing Body.

1-2105             SAME; MINUTES.

PIRC shall prepare and approve minutes of its meetings and shall forward the same to the City Commission.

1-2106             SAME; OPEN MEETINGS AND OPEN RECORDS.

All meetings of PIRC shall be held in compliance with the Kansas Open Meetings Act and its records shall be subject to the Kansas Open Records Act.

1-2107             SAME; PIRC DUTIES.

PIRC shall be an advisory board to the Governing Body on all matters relating to the City's use of economic development incentives. PIRC shall have the following purpose and duties:

(a)        PIRC shall review, make comments, and make recommendations to the Governing Body regarding requests for economic development incentives and the City’s policies regarding economic development incentives;

(b)        PIRC shall, through the City’s annual incentives report, monitor all economic development incentives to ensure compliance with the Performance Agreement, state law, and “City of Lawrence, Kansas, Economic Development Policy;”

(c)        PIRC shall ensure that the public, the County, and the School District have an opportunity to participate in procedures related to requests for economic development incentives;

(d)        PIRC shall gather and review such additional information as may be necessary to determine if an applicant or petitioner meets the target goals and objectives, as established by the “City of Lawrence, Kansas, Economic Development Policy”; and

(e)        PIRC shall perform such other economic development or related duties as may, from time to time, be requested by the Governing Body.

SECTION 3. 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 4. After passage, approval, and publication, as provided by law, this ordinance shall be in full force and effect commencing January 15, 2017.

PASSED by the Governing Body of the City of Lawrence, Kansas, this _____day of January, 2017.

APPROVED:

_____________________________

Mike Amyx

                                                                                    Mayor

ATTEST:

__________________________________

Sherri Riedemann

City Clerk

APPROVED AS TO FORM:                   

__________________________________                      

Toni R. Wheeler                                                        

City Attorney

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NOTICE TO PUBLISHER

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