(First Published in the Lawrence Daily Journal- World

(First Published in the Lawrence Daily Journal- World on the 17th of May, 2025) ORDINANCE NO. 10137 AN ORDINANCE AUTHORIZING THE CREATION OF A COMMUNITY IMPROVEMENT DISTRICT IN THE CITY OF LAWRENCE, KANSAS; AUTHORIZING THE MAKING OF CERTAIN PROJECT IMPROVEMENTS RELATING THERETO; APPROVING THE ESTIMATED COSTS OF SUCH PROJECT IMPROVEMENTS; LEVYING A COMMUNITY IMPROVEMENT DISTRICT SALES TAX WITHIN SUCH DISTRICT; PROVIDING FOR THE METHOD OF FINANCING THE SAME; AND AUTHORIZING EXECUTION OF A RELATED DEVELOPMENT AGREEMENT. WHEREAS, K.S.A. 12-6a26 et seq. (the "Act") authorizes the governing body of any city or county to create community improvement districts to finance projects within such defined area of the city or county and to levy a community improvement district sales tax upon property within the district to finance projects; and WHEREAS, a petition (the "Petition") was filed with the City Clerk proposing the creation of a community improvement district (the "District") under the Act and the imposition of a community improvement district sales tax (the "CID Sales Tax") in order to pay the costs of projects as described in the Petition (the "Projects"); 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 (the "Governing Body") of the City of Lawrence, Kansas (the "City") intends to create the District and to levy the CID Sales Tax as requested in the Petition; and WHEREAS, the Act provides that prior to creating any community improvement district and imposing a community improvement district sales tax, the Governing Body shall, by resolution, direct and order a public hearing on the advisability of creating such community improvement district and the construction of such community improvement district projects therein, and to give notice of the hearing by publication at least once each week for two (2) consecutive weeks in the official City newspaper and by certified mail to all property owners within the proposed community improvement district, the second publication to be at least seven (7) days prior to the hearing and such certified mail sent at least ten (10) days prior to such hearing; and WHEREAS, the Governing Body adopted Resolution No. 7586 on April 8, 2025 (the "Resolution") directing that a public hearing on the proposed District within the City be held on May 6, 2025, declaring its intent to impose the CID Sales Tax, and requiring that the City Clerk provide for notice of such public hearing as set forth in the Act; and WHEREAS, the Resolution was sent via certified mail receipt to all property owners of record on April 21, 2025, and the Resolution was published once each week for two (2) consecutive weeks in Lawrence Journal World, the official City newspaper, on April 15, 2025 and April 22, 2025; and WHEREAS, on May 6, 2025, the Governing Body conducted a public hearing on the proposed District; and WHEREAS, the Governing Body hereby finds and determines it to be advisable to create the District and set forth the boundaries thereof, authorize the Projects as described herein, approve the estimated costs of the Projects and approve the method of financing the same, all in accordance with the provisions of the Act. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS: SECTION 1. Creation of Community Improvement District; Boundaries. The Governing Body hereby finds and determines that the Petition is sufficient, all publications and notices were duly given in accordance with the Act, and it is advisable to create the District within the City. A legal description of the boundaries of the District is set forth on Exhibit A , attached hereto and incorporated by reference herein. A map generally outlining the boundaries of the proposed District is attached as Exhibit B , attached hereto and incorporated by reference herein. SECTION 2. Authorization of Community Improvement District Projects and Estimated Costs. (a) The general nature of the Projects is approved as follows: (1) within the District, the acquisition, improvement, construction, demolition, removal, renovation, reconstruction, rehabilitation, maintenance, restoration, replacement, renewal, repair, installation, relocation, furnishing, equipping or extension of: (A) buildings, structures and facilities; (B) sidewalks, streets, roads, alleys, parking lots, utilities, pedestrian amenities, 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) streetscape, lighting, street light fixtures, street light connections, street light facilities, benches or other seating furniture, trash receptacles, marquees, awnings, canopies, walls and barriers; (D) parks, lawns, trees and other landscape; (2) within or without the District, costs for infrastructure located outside the District but contiguous to any portion of the District and such infrastructure is related to a project within the District or substantially for the benefit of the District; and (3) the City's administrative costs in establishing and maintaining the District, and other items collectively permitted to be financed within the District under the Act and the City's Economic Development Policy. (b) The total estimated cost of the Projects is $5,600,000, a portion of which and the City's administrative costs are eligible to be funded by the CID Sales Tax ("Reimbursable Project Costs"), subject to any caps thereon set forth in the development agreement to be entered into between the City and the developer of the Projects (the "Development Agreement"). SECTION 3. Method of Financing. (a) The Projects will be privately financed. The Reimbursable Project Costs will be financed on a pay as you go basis, i.e., the Reimbursable Project Costs will be paid for by the developer of the Projects without the issuance of notes or bonds, and such developer will be reimbursed for the Reimbursable Project Costs as moneys are deposited in the CID fund through the imposition of the CID Sales Tax, as further set forth in the Development Agreement. The CID Sales Tax is hereby imposed at the rate of 2.0% on the sale of tangible personal property at retail or rendering or furnishing services which are taxable pursuant to the Kansas Retailers' Sales Tax Act (K.S.A. 79-3601 et seq.) within the District with such CID Sales Tax to commence on January 1, 2027 or such other date as the Governing Body sets by ordinance and continue for a period of up to twenty-two (22) years or such earlier date as provided in the Development Agreement. (b) There will be no issuance of bonds, including full faith and credit bonds, pursuant to the Act. (c) There will be no special assessments levied on property within the boundaries of the District to pay the cost of the Projects. SECTION 4. Segregation of CID Sales Tax Revenues. All revenues derived from the collection of the CID Sales Tax shall be deposited into a special fund of the City to be designated as The RKM KU Community Improvement District Revenue Fund. Such revenues shall be used to pay the costs of the Projects, including interest and the City's administrative fee set forth in the Development Agreement. SECTION 5. Development Agreement. The Development Agreement in substantially the form presented to the Governing Body of the City is hereby approved, and the City Manager and Clerk are hereby authorized to execute and deliver such Development Agreement on behalf of the City with such changes as may be approved by the City Attorney. SECTION 6. Effective Date. This Ordinance shall take effect and be in full force from and after its passage by the Governing Body and publication once in the official City newspaper. SECTION 7. Recording. The City Clerk shall file a certified copy of this Ordinance with the Register of Deeds of Douglas County, Kansas. [Balance of page intentionally left blank] ADOPTED by the Governing Body of the City of Lawrence, Kansas on May 13, 2025. [SEAL] /s/ Michael Dever Michael Dever Mayor Attest: /s/ Sherri Riedemann Sherri Riedemann City Clerk Approved as to Form: /s/ Toni R. Wheeler Toni R. Wheeler City Attorney CID Ordinance EXHIBIT A LEGAL DESCRIPTION OF COMMUNITY IMPROVEMENT DISTRICT LOT 2, PRESS YARDS, A MINOR SUBDIVISION, A REPLAT OF ALL THAT PORTION OF LOT 1, BLOCK 1, THE WORLD COMPANY ADDITION NO. 1 AND ALL THAT PORTION OF LOT 6 AND ALL OF LOTS 8 AND 10, ON MASSACHUSETTS STREET IN THE CITY OF LAWRENCE AND ALL THAT PORTION OF THE VACATED ALLEY AS DESCRIBED IN BOOK 414, PAGE 2000 AND BOOK 415, PAGE 1859 ALL IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS. [Balance of page intentionally left blank] EXHIBIT B MAP OF COMMUNITY IMPROVEMENT DISTRICT The following property located in Douglas County, City of Lawrence, Kansas: