BACKGROUND DISCUSSION

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1 CITY COMMISSION AGENDA MEMO November 20, 2006 FROM: Jason Hilgers, Assistant City Manager MEETING: November 28, 2006 SUBJECT: PRESENTER: Public Hearing and Ordinance Establishing a Transportation Development District (TDD) Jason Hilgers, Assistant City Manager BACKGROUND Dial Realty has petitioned the City of Manhattan to create a Transportation Development District (TDD) to assist with the internal public improvements associated with the Limey Pointe PUD. The internal public improvements consist of on-site street, sanitary sewer, and water improvements DISCUSSION For the on-site improvements at Limey Pointe, a benefit district was necessary to allow construction and temporary financing of the internal public streets, sewer, and water projects. The temporary financing associated with the benefit district will allow the City to pursue the issue of a TDD bond at a point when the bonds are marketable. Temporary financing under the benefit district allows the businesses at Limey Pointe up to four years to establish a sales tax history, which will assist in the marketability of the future TDD bonds. A half-cent TDD has been petitioned for to assist in the payment of the on-site improvements. The total projects costs associated with the on-site improvements totaled an estimated $640,000. The businesses within the district are projected to generate between $40,000 and $50,000 annually. It is anticipated by the time the temporary financing in place (i.e. the benefit district temporary notes) reaches maturity (City may issue temporary notes up to four years before permanent financing is required) the City will be able to market and sell the TDD bonds to finance the above mentioned public improvements. The primary reason for establishing the TDD for internal improvements is to assist relocating businesses from the North project redevelopment area. This will avoid additional costs due to special assessments, which they do not currently pay.

2 On November 7, 2006, the City Commission also awarded a contract to Bayer Construction in the amount of $383, for the on-site public improvements. On November 7, 2006, the City Commission passed a resolution setting the date for a public hearing in reference to a TDD associated with the Limey Pointe PUD internal improvements. The public hearing is scheduled for Tuesday, November 28, On November 21, 2006 the City Commission passed first reading of an ordinance creating a TDD at Limey Pointe PUD. ALTERNATIVES It appears the Commission has the following alternatives concerning the issue at hand. The Commission may: 1. Hold a Public Hearing and approve Ordinance No creating a Transportation Development District at Limey Pointe PUD. 2. Deny the item. 3. Modify the proposed ordinance to meet the needs of the City Commission. 4. Table the issue. RECOMMENDATION City Administration recommends the Commission hold a public hearing and approve Ordinance No establishing the proposed Transportation Development District. POSSIBLE MOTION Approve Ordinance No establishing a Transportation Development District within the City of Manhattan. Enclosure: 1. Ordinance No JH 2

3 (Published in The Manhattan Mercury on December, 2006) ORDINANCE NO AN ORDINANCE AUTHORIZING THE CREATION OF TRANSPORTATION DEVELOPMENT DISTRICT IN MANHATTAN, KANSAS FOR THE LIMEY POINTE PROJECT; AUTHORIZING THE MAKING OF CERTAIN TRANSPORTATION PROJECT IMPROVEMENTS RELATING THERETO; APPROVING THE ESTIMATED COSTS OF SUCH TRANSPORTATION PROJECT IMPROVEMENTS; PROVIDING FOR THE METHOD OF FINANCING; AUTHORIZING THE IMPOSITION OF A TRANSPORTATION DISTRICT SALES TAX WITHIN THE TRANSPORTATION DEVELOPMENT DISTRICT IN MANHATTAN, KANSAS; ESTABLISHING A METHOD OF COLLECTION OF SUCH SALES TAX; AND PROVIDING FOR THE SEGREGATION OF SUCH SALES TAX REVENUES FOR THE PAYMENT OF THE COSTS OF CERTAIN TRANSPORTATION PROJECTS WITHIN TRANSPORTATION DEVELOPMENT DISTRICT WHEREAS, the Transportation Development District Act, K.S.A ,140 et seq. (the "Act") authorizes the governing body of any city or county to create transportation development districts ("transportation districts") within such jurisdiction, to acquire interests in property and to construct any project or undertaking relating thereto to improve any bridge, street, road, highway access road, interchange, intersection, signing, signalization, parking lot, bus stop, station, garage, terminal, hangar, shelter, rest area, dock, wharf, lake or river port, airport, railroad, light rail or other mass transit facility and any similar or related project or infrastructure (collectively, "transportation projects"); and WHEREAS, the Act further authorizes said governing body, in order to pay the costs of such transportation projects, to impose a transportation district sales tax on the selling of tangible personal property at retail or rendering or furnishing services within transportation districts in any increment of.10% or.25% not to exceed 1.0% and/or the levy of special assessments upon property within such transportation districts, and to issue revenue bonds payable from such sales taxes and/or special assessments; and WHEREAS, a petition (the "Petition") was filed with the City Clerk of the City of Manhattan, Kansas (the "City"), on October 27, 2006, proposing the creation of a transportation district, the making of transportation projects relating thereto and the imposition of a transportation district sales tax in order to pay the costs of such transportation projects; and WHEREAS, said Petition was signed by the owners of record, whether resident or not, of all of the land area within the proposed transportation district; and WHEREAS, the Act provides that prior to creating any transportation district, the governing body shall, by resolution, direct and order a public hearing on the advisability of creating such transportation district and the construction of such transportation projects therein, and to give notice of the hearing by publication at least once each week for two consecutive weeks in the official City newspaper and by certified mail to all property owners within the proposed transportation district, the second publication to be at least seven days prior to the hearing and such certified mail sent at least ten days prior to such hearing; and

4 WHEREAS, the governing body of the City adopted Resolution No J on November 7, 2006 directing that a public hearing on the proposed transportation district within the City be held on November 28, 2006 and requiring that the City Clerk provide for notice of such public hearing as set forth in the Act; and WHEREAS, a Notice of Public Hearing containing the following information: (a) the time and place of the hearing; (b) the general nature of the proposed transportation projects; (c) the estimated cost of the proposed transportation projects; (d) the proposed method of financing the costs of the transportation projects; (e) the proposed amount of the transportation development district sales tax; (f) the proposed amount of any special assessments and the method of assessment; and (g) the map or boundary description of the proposed transportation district, was mailed (by certified mail) to all property owners within the proposed transportation district on November 10, 2006 and published once each week for two consecutive weeks in The Manhattan Mercury, the official City newspaper, on November 10, 2006 and November 17, 2006; and WHEREAS, on November 28, 2006 the governing body of the City conducted a public hearing on the proposed transportation district, the proposed transportation projects, the estimated costs thereof, the method of financing the same; and the imposition of the transportation district sales tax; and WHEREAS, the governing body of the City hereby finds and determines it to be advisable to create a transportation district and set forth the boundaries thereof, authorize transportation projects relating thereto, approve the estimated costs of such transportation projects, approve the method of financing the same and impose the transportation district sales tax, all in accordance with the provisions of the Act. THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MANHATTAN, KANSAS: SECTION 1. Creation of Transportation Development District; Boundaries. The governing body of the City hereby finds and determines that it is advisable to create, in accordance with the provisions of the Act, Transportation Development District within the City ("Transportation District"). The legal description of the property contained in the Transportation District is set forth on Exhibit A attached hereto and incorporated by reference herein. A map generally outling the boundaries of the Transportation District is attached as Exhibit B hereto and incorporate herein by reference. SECTION 2. Authorization of Transportation District Projects; Estimated Costs. The governing body of the City hereby finds and determines that it is advisable to authorize certain transportation district projects (the "Projects") within the Transportation District, as more fully described on Exhibit C attached hereto and incorporated by reference. The estimated costs of the Projects are $641,186, plus costs of issuance, costs of interest on any temporary financing and associated reserves. SECTION 3. Method of Financing. (a) In order to provide funds to finance the costs of the Projects, it is advisable to impose, in accordance the provisions of the Act, a transportation district sales tax within the Transportation District in the amount of 0.5% on the selling of tangible personal property at retail or rendering or furnishing services within the Transportation District (the "Sales Tax"). (b) There will be no special assessments levied on property within the boundaries of the Transportation District.

5 (c) The costs of the Projects will be financed by the issuance of revenue bonds of the City issued in accordance with the provisions of the Act in an estimated principal amount of $641,186, plus costs of issuance, costs of interest on any temporary financing and associated reserves. The revenue bonds will be secured by the pledge of money received from the imposition of the Sales Tax to be imposed on the selling of tangible personal property at retail or rendering or furnishing services within the Transportation District. SECTION 4. Imposition of Transportation District Sales Tax. In order to provide for the payment of the Projects and/or the repayment of the Revenue Bonds issued to finance the same, the governing body of the City hereby imposes the Sales Tax within the Transportation District in an amount of 0.5% on the selling of tangible personal property at retail or rendering or furnishing services taxable pursuant to the provisions of the Kansas retailers' sales tax act within the Transportation District with such Sales Tax to commence on April 1, SECTION 5. Collection of the Sales Tax. The collection of the Sales Tax shall be made in the manner prescribed by the Act. The provisions of this section may be amended and/or modified pursuant to one or more ordinances and/or resolutions of the governing body of the City that provide for the issuance and repayment of the Revenue Bonds or by incorporation by reference any modifications to the Act that provide for collection of the Sales Tax. SECTION 6. Segregation of Sales Tax Revenues. All revenues derived from the collection of the Sales Tax shall be deposited into a special fund of the City to be designated as the Transportation District Sales Tax Revenue Fund (the "Revenue Fund"). Such revenues shall be used to pay the costs of the Projects and/or to repay the Revenue Bonds and related expenses. The provisions of this section may be amended and/or modified pursuant to one or more ordinances and/or resolutions of the governing body of the City that provide for the issuance and repayment of the Revenue Bonds. SECTION 7. Effective Date This Ordinance shall take effect and be in full force from and after its passage by the governing body and publication in the official City newspaper. [SEAL] PASSED by the City Commission of the City of Manhattan, Kansas on November 28, Attest: Mayor City Clerk

6 EXHIBIT A LEGAL DESCRIPTION OF TRANSPORTATION DEVELOPMENT DISTRICT Lots 1-6, Limey Pointe Addition, an addition to the City of Manhattan, Riley and Pottawatomie Counties, Kansas

7 EXHIBIT B TRANSPORTATION DEVELOPMENT DISTRICT MAP

8 EXHIBIT C TRANSPORTATION DEVELOPMENT DISTRICT PROJECTS Limey Pointe Transportation Development District (TDD) Project Description Generally the construction of infrastructure improvements associated with the TDD has been referred to as the Limey Pointe on-site improvements. These improvements include street, sanitary sewer and water infrastructure improvements. The street project includes the construction of Goodfood Place, Limey Place, the new intersection of Limey Place and McCall Road, and the new intersection of Goodfood Place and Hostettler Drive. The street project also includes various drainage improvements such as an underground storm sewer system and street inlets. The sanitary sewer and water project mainly involves the construction and extension of underground sanitary sewer collection and water distribution systems to service the six lots within Limey Pointe Addition.