9th_nh_redevelopment_plan_tdd_resolution

(Published in the Lawrence Journal World on September 5 and 12, 2012)

RESOLUTION NO. 6990

A RESOLUTION CALLING AND PROVIDING FOR THE GIVING OF NOTICE OF A PUBLIC HEARING ON THE ADVISABILITY OF CREATING A TRANSPORATION DEVELOPMENT DISTRICT IN THE CITY OF LAWRENCE, KANSAS TO BE KNOWN AS THE NEW HAMPSHIRE TRANSPORATION DEVELOPMENT DISTRICT AND REGARDING THE CITY’S INTENT TO LEVY A TRANSPORATION DEVELOPMENT DISTRICT SALES TAX WITHIN SUCH DISTRICT.

WHEREAS, K.S.A. 12-17,140 et. seq. (the “Act”) authorizes the governing body of any city or county to create Transportation Development Districts to finance Project within such defined area of the city or county and to levy a Transportation Development District sales tax and/or levy special assessments upon property within the district to finance Project; and

WHEREAS, a petition (the “Petition”) was filed with the City Clerk on August 23, 2012, proposing the creation of the New Hampshire Transportation Development District (“TDD”) under the Act, the imposition of a Transportation Development District sales tax in order to pay the costs of Project as described in the Petition (the “Project”); and

WHEREAS, the Petition was signed by the required number of owners of record, whether resident or not, as required by the Act; and

WHEREAS, the City Commission of the City of Lawrence, Kansas (the “City”) intends to create the TDD and to levy a Transportation Development District sales tax in an amount equal to one percent (1.0%) as requested in the Petition (the “TDD Sales Tax”); 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 TDD, approving the Project set forth in the Petition and levying the TDD Sales Tax, 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 COMMISSION OF THE CITY OF LAWRENCE, KANSAS, AS FOLLOWS:

SECTION 1. Petition. The Governing Body hereby finds and determines that the 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 the provisions of the Act, on the advisability of creating the TDD, approving the Project set forth in Petition, and whether to impose a the TDD Sales Tax in the amount of one percent (1.0%), such public hearing to be held on October 2, 2012 at 6:35 p.m., or as soon therafter as the matter can be heard, at City Hall, City Commission Chambers, 6 East 6^th Street, Lawrence, Kansas, under the authority of the Act.

SECTION 3. Boundaries of Proposed TDD. The legal description of the property to be contained in the proposed TDD is set forth on Exhibit A attached hereto and incorporated by reference herein. A map generally outlining the boundaries of the proposed TDD is attached as Exhibit B hereto, and incorporated by reference herein.

SECTION 4. Proposed TDD Project. The general nature of the proposed Project (the “Project”) to be funded within the proposed TDD is set forth on Exhibit C attached hereto and incorporated by reference herein.

SECTION 5. Estimated Cost. The estimated cost of the proposed Project is $3,000,000 plus interest.

SECTION 6. Method of Financing. The estimated cost of the proposed Project will be financed as pay-as-you-go-financing as defined in the Act.

SECTION 7. Notice of Public Hearing. The City Clerk is hereby authorized, ordered and directed to give notice of said public hearing by publication of this Resolution the official newspaper at least once each week for two consecutive weeks. The second notice shall be published at least 7 days prior to the date of the hearing. The City Clerk is hereby further ordered and directed to mail a copy of this Resolution, via certified mail, to all property owners within such proposed District at least 10 days prior to the date of the hearing.

SECTION 8. Reimbursement. The City expects to make capital expenditures after the date of this Resolution in connection with the Project, and the City intends to reimburse developer for such expenditures with the proceeds of obligations in the maximum principal amount of $3,000,000.

SECTION 9. Effective Date. This Resolution shall be effective upon adoption by the Governing Body of the City.

ADOPTED this 28th day of August, 2012.

CITY OF LAWRENCE, KANSAS

By:

Mayor

[SEAL]

ATTEST:

___________________________________

City Clerk

CERTIFICATE

I, hereby certify that the above and foregoing is a true and correct copy of Resolution No. 6990 of the City Commission of the City of Lawrence, Kansas adopted by the Governing Body on August 28, 2012 as the same appears of record in my office.

DATED: __________________, 2012.

____________________________________

City Clerk

EXHIBIT A

LEGAL DESCRIPTION OF PROPOSED NEW HAMPSHIRE TRANSPORATION DEVELOPMENT DISTRICT

The following property located in Douglas County, Lawrence, Kansas:

Lots 60, 62, 64, 66, and 68 New Hampshire Street, and Lot 61 Rhode Island Street, City of Lawrence, Douglas County, Kansas and adjacent right-of-way of alley to the east, and adjacent right-of-way of New Hampshire Street to the west and extending north from northern boundary of the project area through the 8th Street intersection.

Lots 70, 72, 74, 76, 78, 80, 82, 84, 86, 88, 90, and 92 New Hampshire Street, City of Lawrence, Douglas County, Kansas, and adjacent right-of-way of alley to the east, adjacent right-of-way of 9th Street to the north, extending approximately 100 feet west from the 9th and New Hampshire Street intersection, and adjacent right-of-way of New Hampshire Street to the west, extending south from 9th Street through the 10th Street intersection.

EXHIBIT B

MAP OF PROPOSED

NEW HAMPSHIRE TRANSPORATION DEVELOPMENT DISTRICT

Description: proposed900newhamp_district_v2

EXHIBIT C

PROPOSED NEW HAMPSHIRE TRANSPORATION

DEVELOPMENT DISTRICT PROJECT

The general nature of the Project is to improve, construct, maintain, install, equip or extend any street, road, highway access road, intersection, signing, signalization, parking lots, parking garages, street light fixture, sidewalk, landscaping, or any other transportation related project or infrastructure authorized by the Act, whether located within or without the TDD District, including specifically the City parking garage located at the SE corner of 9^th and New Hampshire.

EXCERPT OF MINUTES OF A MEETING

OF THE GOVERNING BODY OF

CITY OF LAWRENCE, KANSAS

HELD ON AUGUST 28, 2012

The governing body met in regular session at the usual meeting place in the City, at 6:35p.m., the following members being present and participating, to-wit:

Absent:

The Mayor declared that a quorum was present and called the meeting to order.

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(Other Proceedings)

The matter of calling a public hearing to establish the date and time of a public hearing regarding the adoption of a redevelopment project plan within the City came on for consideration and was discussed.

Commissioner ________________ presented and moved the adoption of a Resolution entitled:

Commissioner ________________ seconded the motion to adopt the Resolution. Thereupon, the Resolution was read and considered, and, the question being put to a roll call vote, the vote thereon was as follows:

Aye: ________________________________________________________________________.

Nay: ________________________________________________________________________.

The Mayor declared the Resolution duly adopted; the Clerk designating the same Resolution No. 6990.

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(Other Proceedings)

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CERTIFICATE

I hereby certify that the foregoing Excerpt of Minutes is a true and correct excerpt of the proceedings of the governing body of the City of Lawrence, Kansas, held on the date stated therein, and that the official minutes of such proceedings are on file in my office.

(SEAL)

Clerk