RESOLUTION NO. 7215

A RESOLUTION TO SUBMIT TO THE QUALIFIED ELECTORS OF THE CITY OF LAWRENCE, KANSAS,THE PROPOSITION OF LEVYING A THREE-TENTHS OF ONE PERCENT (0.3%) RETAILERS’ SALES TAX IN THE CITY OF LAWRENCE, KANSAS, FOR THE PURPOSES OF IMPROVING AND MAINTAINING STREETS, SIDEWALKS, AND STORM WATER FACILITIES, CONSTRUCTING AND MAINTAINING RECREATIONAL TRAILS AND PATHS, PURCHASING AND REPLACING FIRE APPARATUS, AND FOR SUCH OTHER RELATED CITY FIRE EQUIPMENT PURCHASES AND INFRASTRUCTURE PROJECTS.

WHEREAS, K.S.A. 2016 Supp. 12-187 et seq., and amendments thereto (the “Act”), authorizes the Governing Body of the City of Lawrence, Kansas to submit to the qualified electors of the City the question of levying a retailers’ sales tax to be collected by the State Department of Revenue with revenue therefrom returned to this City; and,

WHEREAS, the Governing Body, has determined that additional revenue is needed to improve and maintain the public streets, sidewalks, storm water facilities, recreational trails, and paths, and to purchase fire apparatus and equipment, and such other related street, sidewalk, storm water, and recreational trails and path infrastructure and fire equipment purposes as may be in the best interest of the City; and

WHEREAS, the Act also authorizes the City to pledge revenues received from a city retailers’ sales tax imposed pursuant to the Act for the payment of general obligation bonds authorized by the Governing Body by appropriate ordinance for the payment of all or any portion of the cost of any public facilities, equipment or improvements for which the City is otherwise authorized pursuant to the Constitution or laws of the State of Kansas to issue general obligation bonds, subject to the requirements of the Act;   

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

SECTION ONE: A special question election shall be held in the manner prescribed by law on the 7th of November, 2017, for the purpose of submitting to the qualified electors of the City of Lawrence, Kansas, the question of levying a special purpose retailers’ sales tax in the City of Lawrence, Kansas, for the purposes of constructing, improving, and maintaining public streets, sidewalks, storm water facilities, and recreational trails, bikeways, and paths including residential traffic calming devices, residential curb and gutter replacement, improvements to crosswalks and accessible ramps, reconstruction of roads and intersections, purchasing fire apparatus and related fire equipment including radios and personal protective equipment, and such other related street, sidewalks, storm water, and recreational path infrastructure, and fire equipment purposes as may be in the best interest of the City, in the amount of three-tenths of one percent (0.3%), such tax to take effect on the 1st day of April, 2019, if approved by a majority of the electors voting thereon. The retailers’ sales tax referenced herein, if approved by a majority of the electors voting thereon, shall expire after ten (10) years from the date such tax is first collected.

SECTION TWO:  If approved by a majority of the electors voting thereon, such tax shall be subject to all applicable state laws and administrative rules and regulations of the Kansas Department of Revenue.  The services of the Kansas Department of Revenue shall be utilized to administer, enforce and collect such tax.

SECTION THREE:  If the City desires to issue sales tax revenue and/or general obligation sales tax bonds to finance the improvements and equipment listed in Section One, then the City shall comply with all applicable notice and protest requirements contained in K.S.A. 12-195b and K.S.A. 12-197, as applicable. 

SECTION FOUR:  The City Clerk and the County Clerk of Douglas County shall cause notices to be published of this special question election, as provided by law.

ADOPTED by the Governing Body of the City of Lawrence, Kansas, this (DATE) day of (MONTH), 2017.

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Leslie Soden, Mayor

ATTEST:

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Sherri Riedemann, City Clerk

APPROVED AS TO FORM:                                          

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Toni R. Wheeler, City Attorney