RESOLUTION NO. 1540
A RESOLUTION CALLING AND PROVIDING FOR THE GIVING OF NOTICE OF A PUBLIC HEARING ON THE ADVISABILITY OF CREATING A COMMUNITY IMPROVEMENT DISTRICT IN THE CITY OF GOODLAND, KANSAS AND UNDERTAKING AND FINANCING OF A CERTAIN COMMUNITY IMPROVEMENT DISTRICT PROJECT THEREIN; AND PROVIDING FOR THE GIVING OF NOTICE OF SAID HEARING.
WHEREAS, K.S.A. 12-6a26 et seq. (the “Act”) authorizes the governing body of any city or county to create community improvement districts (“Community Improvement Districts”) within such jurisdiction, to undertake construct any “project,” which means (1) Any project within the district to acquire, improve, construct, demolish, remove, renovate, reconstruct, rehabilitate, maintain, restore, replace, renew, repair, install, relocate, furnish, equip or extend: (A) Buildings, structures and facilities; (B) sidewalks, streets, roads, interchanges, highway access roads, intersections, alleys, parking lots, bridges, ramps, tunnels, overpasses and underpasses, traffic signs and signals, utilities, pedestrian amenities, abandoned cemeteries, drainage systems, water systems, storm systems, sewer systems, lift stations, underground gas, heating and electrical services and connections located within or without the public right-of-way, water mains and extensions and other site improvements; (C) parking garages; (D) streetscape, lighting, street light fixtures, street light connections, street light facilities, benches or other seating furniture, trash receptacles, marquees, awnings, canopies, walls and barriers; (E) parks, lawns, trees and other landscape; (F) communication and information booths, bus stops and other shelters, stations, terminals, hangers, rest rooms and kiosks; (G) paintings, murals, display cases, sculptures, fountains and other cultural amenities; (H) airports, railroads, light rail and other mass transit facilities; and (I) lakes, dams, docks, wharfs, lakes or river ports, channels and levees, waterways and drainage conduits; (2) within the district, to operate or to contract for the provision of music, news, child-care, or parking lots or garages, and buses, minibuses or other modes of transportation; (3) within the district, to provide or contract for the provision of security personnel, equipment or facilities for the protection of property and persons; (4) within the district, to provide or contract for cleaning, maintenance and other services to public or private property; (5) within the district, to produce and promote any tourism, recreational or cultural activity or special event, including, but not limited to, advertising, decoration of any public place in the district, promotion of such activity and special events and furnishing music in any public place; (6) within the district, to support business activity and economic development, including, but not limited to, the promotion of business activity, development and retention and the recruitment of developers and business; (7) within the district, to provide or support training programs for employees of businesses; and (8) to contract for or conduct economic impact, planning, marketing or other studies (collectively, “Community Improvement Project”); and
WHEREAS, the Act further authorizes said governing body, in order to pay the costs of such Community Improvement Project, to impose a community improvement district sales tax on the selling of tangible personal property at retail or rendering or furnishing services within Community Improvement Districts in any increment of .10% or .25%, not to exceed 2.0% and/or the levy of special assessments upon property within such Community Improvement Districts, and to issue bonds or utilize “pay-as-you-go financing” payable from such sales taxes and/or special assessments; and
WHEREAS, a petition (the “Petition”) has or will be filed with the City Clerk of City of Goodland, Kansas (the “City”), proposing the creation of a Community Improvement District, the undertaking of a Community Improvement Project therein and the imposition of a community improvement district sales tax in order to pay the costs of such Community Improvement Project; and
WHEREAS, said Petition will be signed by the owners of record, whether resident or not, of all of the land area (and all of the assessed value) within the proposed Community Improvement District; and
WHEREAS, the Act provides that prior to creating the proposed Community Improvement District, the governing body shall adopt a resolution to give notice of a public hearing on the advisability of creating such Community Improvement District, its intention to levy such community improvement district sales tax and the financing of such Community Improvement Project therein, and publish notice of the hearing by publication at least once a week for two consecutive weeks in the official City newspaper and by certified mail to all property owners within the proposed Community Improvement District, the second of such publications to be at least seven days prior to the hearing and such certified mailing to be at least ten days prior to such hearing; and
WHEREAS, such published and mailed notices shall contain the following information: (a) the time and place of the hearing; (b) the general nature of the proposed Community Improvement Project; (c) the estimated cost of the proposed Community Improvement Project; (d) the proposed method of financing the costs of the Community Improvement Project; (e) the proposed amount of any community improvement district sales tax, if any; (f) the proposed amount of any special assessments and the method of assessment, if any; and (g) the map and legal description of the proposed Community improvement District; 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 a Community Improvement District and the undertaking and financing of Community Improvement Project therein as set forth in the proposed Petition 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.
THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF GOODLAND, KANSAS:
SECTION 1. Petition. The governing body hereby finds that the proposed 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 a Community improvement District, its intention impose a community improvement district sales tax in the amount of 2%, for a period of the earlier of (a) 22 years or (b) until collections disbursed to the developer equal $8,000,000, and the undertaking and financing of Community Improvement Project therein, as set forth in the proposed Petition, such public hearing to be held on November 5, 2018, at 5:00 p.m., or as soon therafter as the matter can be heard, at City Hall, 204 W. 11th St., Goodland, Kansas, under the authority of the Act.
SECTION 3. Notice of Hearing. The City Clerk is hereby authorized, ordered and directed to give notice of said public hearing by publication of this Resolution, including the Notice of Public Hearing attached hereto as Exhibit A once a week for two consecutive weeks in the official City newspaper, the second of such publications to be at least seven days prior to the date of the hearing. The City Clerk is hereby further ordered and directed to mail a copy of such Notice of Public Hearing, via certified mail, to all property owners within such proposed Community Improvement District at least ten days prior to the date of the hearing.
SECTION 4. Effective Date. This Resolution shall be effective upon adoption by the governing body.
ADOPTED by the governing body of City of Goodland, Kansas, on October 15, 2018.
(Seal) _____ ___________________