RESOLUTION NO. _______

A RESOLUTION TO SUBMIT TO THE QUALIFIED ELECTORS OF THE CITY THE PROPOSITION OF LEVYING A TWO-TENTHS OF ONE PERCENT (0.2%) RETAILERS’S SALES TAX IN THE CITY OF LAWRENCE, KANSAS, FOR THE PURPOSES OF OPERATING THE CITY PUBLIC TRANSIT SYSTEM, INCLUDING PURCHASING AND MAINTAINING BUSES AND OTHER TRANSIT VEHICLES, TRANSIT FACILITIES AND EQUIPMENT.

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; and,

WHEREAS, the Governing Body, has determined that additional revenue is needed to operate the City Public Transit System, including purchasing and maintaining buses and other transit vehicles, transit facilities and equipment, and such other general governmental 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 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 4th day of November, 2008, for the purpose of submitting to the qualified electors of the City of Lawrence, Kansas, the question of levying a retailers’ sales tax in the City of Lawrence, Kansas, for the purpose of operating the City Public Transit System, including purchasing and maintaining buses and other transit vehicles, transit facilities and equipment and such other general improvement purposes as may be in the best interest of the City in the amount of two-tenths of one percent (0.2%), such tax to take effect on the 1^st day of April, 2009, 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 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 ____ day of ______, 20___.

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Michael Dever, Mayor

ATTEST:

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Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:                   

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Toni Ramirez Wheeler                                                   

Director of Legal Services