RESOLUTION NO. __7083_____
A RESOLUTION AUTHORIZING AND PROVIDING
FOR THE CALLING OF A SPECIAL QUESTION ELECTION IN THE CITY OF LAWRENCE, KANSAS,
FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY THE
PROPOSITION OF LEVYING A SPECIAL ONE-QUARTER OF ONE PERCENT (0.25%) RETAILERS’
SALES TAX IN THE CITY, FOR THE PURPOSE OF PAYING THE COST OF CONSTRUCTING AND
EQUIPPING A POLICE FACILITY AND RELATED PARKING AND INFRASTRUCTURE IMPROVEMENTS
THEREFOR
WHEREAS, K.S.A. 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;
WHEREAS,
the Governing Body has determined that additional revenue is needed to
construct and equip a new facility for the Lawrence, Kansas Police Department, associated
parking and infrastructure improvements and related appurtenances thereto (the
“Project”);
WHEREAS, in
order to pay the costs of the Project and the interest on any general
obligation bonds issued to finance the Project, the Governing Body hereby deems
it advisable to impose a one-quarter of one percent (0.25%) retailers’ sales
tax (the “Police Facility Sales Tax”), provided that the imposition of the
Police Facility Sales Tax is approved by a majority of the electors of the City
voting at the November 4, 2014, election wherein such question is submitted to
such electors;
WHEREAS, the
Police Facility Sales Tax, if approved by the electors, shall be used solely
for the purpose of paying the costs of the Project and the interest on any
general obligation bonds issued to finance the Project and shall commence and
terminate in accordance with the provisions of this Resolution hereinafter set
forth; and
WHEREAS, if approved,
the Police Facility Sales Tax will constitute a sales tax imposed for special purposes,
as said term is described in K.S.A. 12-189, as amended.
NOW, THEREFORE, BE IT RESOLVED BY THE
GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION ONE: The recitals set
forth above are incorporated herein by reference as if fully set forth. Collection
of the Police Facility Sales Tax, if approved by the electors of the City,
shall commence on April 1, 2015, or as soon thereafter as permitted by the Act,
and shall terminate upon payment of all principal,
interest, issuance costs, and other fees and expenses associated with the
financing, constructing, and equipping of the Project or after nine (9) years from
the date such tax is first collected, whichever shall occur first. All
proceeds of the Police Facility Sales Tax shall be applied for the purposes set
forth herein; provided, however, in the event that other City funds are
required to be utilized for such purposes, such City funds may be reimbursed
from the proceeds of the Police Facility Sales Tax.
SECTION TWO: It is hereby
authorized, ordered and directed that, pursuant to the Act, a special question election
shall be held and his hereby called by the Governing Body of the City, in the manner
prescribed by law, to be held in conjunction with the general election on
November 4, 2014, at which time there shall be submitted to the qualified
electors of the City the following proposition:
Shall the following be
adopted?
Shall the City of
Lawrence, Kansas, be authorized to impose a one-quarter of one percent (0.25%)
citywide retailers' sales tax (the “Sales Tax”), the proceeds of which shall be
used only to finance construction and equipping of a new facility for the Lawrence,
Kansas Police Department, associated parking and infrastructure improvements,
and related appurtenances thereto (collectively the “Project”), and the
interest on any general obligation bonds issued to finance the Project, which
bonds shall be issued in a principal amount not to exceed $25,700,000.00 plus
costs of issuance and interest on any temporary financing, the collection of
the Sales Tax to commence on April 1, 2015, or as soon thereafter as permitted
by law, and to terminate upon payment of all
principal, interest, and other fees and expenses associated with the financing,
constructing, and equipping of the Project or after nine (9) years from the
date such tax is first collected, whichever shall occur first; all
pursuant to K.S.A. 12-187 et seq., as amended?
SECTION THREE: 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 FOUR: If the Police
Facility Sales Tax is approved by a majority of the electors voting thereon, the
City is hereby authorized to issue its general obligation bonds and/or
temporary notes pursuant to Article 12, Section 5(a) of the Constitution of the
State of Kansas and Charter Ordinance No. 40, in a principal amount not to
exceed $25,700,000.00 plus costs of issuance and interest on any temporary
financing, all to pay the costs of the Project. Such bonds are expected to be
paid from proceeds of the Police Facility Sales Tax, but such Police Facility
Sales Tax will not be pledged to repayment of the general obligation bonds
unless the governing body of the City complies with all applicable notice and
protest requirements contained in K.S.A. 12-195b and K.S.A. 12-197, as
applicable. Any general obligation bonds and/or temporary notes issued under
the authority of this Resolution may be used to reimburse expenditures made on
or after the date that is 60 days before the date of adoption of this
Resolution pursuant to U.S. Treasury Regulation §1.150-2.
SECTION FIVE: The City Clerk and
the County Clerk of Douglas County shall give notice of the special question
election as provided by law by publishing a Notice of Special Question Election
in substantially the form attached hereto as Exhibit A.
Adopted
by the Governing Body of the City of Lawrence, Kansas, this ____ day of ______ ,
2014.
___________________________________
Mike Amyx, Mayor
ATTEST:
__________________________________
Diane Trybom, Acting City Clerk
APPROVED
AS TO FORM AND LEGALITY:
___________________________________
Toni R.
Wheeler
City
Attorney
EXHIBIT A
(First published in
the Lawrence Journal-World on _______________,
and subsequently on
______________)
NOTICE OF SPECIAL
QUESTION ELECTION
THE CITY OF LAWRENCE,
KANSAS
Notice
is hereby given to the qualified electors of the City of Lawrence, Kansas (the
“City”) that a special question election has been called and will be held on
November 4, 2014, for the purpose of submitting to the qualified electors of
the City the following proposition:
Shall the following be
adopted?
Shall the City of
Lawrence, Kansas, be authorized to impose a one-quarter of one percent (0.25%)
citywide retailers' sales tax (the “Sales Tax”), the proceeds of which shall be
used only to finance construction and equipping of a new facility for the Lawrence,
Kansas Police Department, associated parking and infrastructure improvements,
and related appurtenances thereto (collectively the “Project”), and the
interest on any general obligations bonds issued to finance the Project, which
bonds shall be issued in a principal amount not to exceed $25,700,000.00 plus
costs of issuance and interest on any temporary financing, the collection of
the Sales Tax to commence on April 1, 2015, or as soon thereafter as permitted
by law, and to terminate upon payment of all
principal, interest, and other fees and expenses associated with the financing,
constructing, and equipping of the Project or after nine (9) years from the
date such tax is first collected, whichever shall occur first; all
pursuant to K.S.A. 12-187 et seq., as amended?
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IT
IS IMPORTANT FOR EACH QUALIFIED VOTER TO NOTE THAT YOUR BALLOT CANNOT BE
COUNTED UNLESS YOU TAKE THE APPROPRIATE STEPS:
To
vote in favor of any question submitted on this ballot, completely darken the
oval to the left of the word “YES” on
the paper ballot. To vote against it, completely darken the oval to the left
of the word “NO” on the paper ballot.
YES
NO
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The
polls will open at 7:00 A.M. and will close at 7:00 P.M., on November 4, 2014,
the election day. The voting places in the City and the area each voting place
will serve will be as follows:
[To be updated by the County Clerk as necessary]
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Voters Residing In
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Will Vote At
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The election will be conducted by
the officers and/or persons provided by law for holding elections, and the
method of voting will be by ballot. Registered voters are eligible to vote by
advance voting ballot upon application to the County Clerk of Douglas County,
Kansas, set forth below pursuant to K.S.A. 25‑1117 et seq.
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Additional
Information
General
The following additional
information is provided by the City with respect to the effect of this ballot
proposition. Passage of this ballot proposition would authorize the City to
impose a one-quarter of one percent (0.25%) citywide retailers' sales tax (the
“Sales Tax”), the proceeds of which shall be used to finance construction and
equipping of a new facility for the Lawrence, Kansas Police Department,
associated parking and infrastructure improvements and related appurtenances
thereto (collectively the “Project”), and the interest on any general
obligation bonds issued to finance the Project. If approved, the collection of
the Sales Tax would commence on April 1, 2015 or as soon thereafter as
permitted by law and would terminate upon
payment of all principal, interest, and other fees and expenses associated with
the financing, constructing, and equipping of the Project or after nine (9)
years from the date such tax is first collected, whichever shall occur first.
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Election
Information
The
election officer conducting the election will be the County Clerk of Douglas
County, Kansas, whose address is: 1100 Massachusetts Street, First Level,
Lawrence, KS 66044.
DATED:
_____________ ___, 2014.
Jameson
D. Shew, County Clerk
Douglas
County, Kansas