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Journal-World classified (published 09/07/2013)

(First published in the Lawrence Daily Journal-World,
August 31, 2013)

RESOLUTION NO. 7042

A RESOLUTION EXEMPTING
FROM AD VALOREM TAXATION FIFTY PERCENT (50%)
OF THE APPRAISED VALUE
OF THE LAND AND BUILDING
LOCATED AT 4811 QUAIL
CREST PLACE IN LAWRENCE, KANSAS USED BY
SUNLITE SCIENCE & TECHNOLOGY, INC. FOR THE
MANUFACTURING OF ARTICLES OF COMMERCE, CONDUCTING RESEARCH AND
DEVELOPMENT, AND STORING GOODS OR COMMODITIES WHICH ARE SOLD
OR TRADED IN INTERSTATE
COMMERCE, AS PROVIDED
BY ARTICLE 11, SECTION 13
OF THE CONSTITUTION OF
THE STATE OF KANSAS

WHEREAS, on July 30, 2013,
Sunlite Science & Technology, Inc. ("Sunlite") submitted an application for
the exemption from ad
valorem taxation of fifty
percent (50%) of the appraised value of its land
and building used in the
manufacturing of articles
of commerce in the City of
Lawrence, Douglas County,
Kansas; WHEREAS, the Governing Body of the City of
Lawrence, Kansas, did, on
May 18, 2010, adopt an updated policy setting forth
the official policies and
procedures for the granting
of exemptions pursuant to
Article 11, Section 13 of the
Constitution of the State of
Kansas, as required by
K.S.A. 79-251; WHEREAS,
pursuant to the City's Economic Development Policy,
the Public Incentives Review Committee, having
met on August 20, 2013, to
review and consider the application for Sunlite, for exemption from payment of
said ad valorem taxes, did,
on August 20, 2013, upon
motion made, seconded
and approved, agreed to
recommend to the Governing Body of the City of Lawrence, Kansas, that a fifty
percent (50%) tax abatement for a ten (10) year period be granted to Sunlite
on its land and building, as
permitted by Article 11,
Section 13 of the Constitution of the State of Kansas;
WHEREAS, on August 27,
2013, the Governing Body of
the City of Lawrence, Kansas, conducted a public
hearing on the granting
of the exemption requested by Sunlite, prior to
which the notices by both
publication and in writing,
required by K.S.A. 79-251
(b) were made and given in
strict conformity with such
requirements; WHEREAS,
pursuant to information
presented by Sunlite, the
Governing Body of the City
of Lawrence, Kansas, finds
the subject property will be
used exclusively for the
purposes specified by Section 13 of Article 11 of the
Kansas Constitution;
WHEREAS, at said public
hearing, the Governing
Body of the City of Lawrence, Kansas, approved
the request by Sunlite for
the exemption from ad
valorem taxation to- with a
fifty percent (50%) tax
abatement for ten (10
years); WHEREAS, the Governing Body made the
factual determination that
the exemption was required to retain jobs in the
State of Kansas, as required by K.S.A 79-251;
NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING
BODY OF THE CITY OF LAWRENCE, KANSAS: SECTION I.
The above recitals are incorporated herein by reference and made a part
hereof as if fully stated and
repeated herein.SECTION II.
Fifty percent (50%) of the
appraised valuation for the
land and building located
at 4811 Quail Crest Place in
Lawrence, Kansas, a property owned by Sunlite and
used by Sunlite in the manufacturing of articles of
commerce, conducting research and development,
and storing goods or commodities which are sold or
traded in interstate commerce, is hereby exempted
from ad valorem taxation
for a ten (10) year period.
SECTION III. The exemption
from ad valorem taxation
hereby granted shall begin
with the taxes levied in the
calendar year 2014. SECTION IV. Each year during
the exemption period, the
Douglas County, Kansas
Appraiser shall exempt
fifty percent (50%) of the
appraised valuation of the
land and building located
at 4811 Quail Crest Place,
Lawrence, Kansas, and
place the balance of the appraised valuation on the
tax rolls; SECTION V. Sunlite shall be responsible for
the preparation, initiation,
timely filing, pursuing and
follow-up of all applications and related paper
work required by any state
or local body or agency
having authority of or over
the allowance of approval
of such exemption. SECTION VI. The Mayor and City
Clerk of the City of Lawrence, Kansas are hereby
authorized to execute and
submit the proper documents to effectuate the exemption hereby granted.
SECTION VII. The exemption
from ad valorem taxation
hereby granted is subject
to limitation of fifty percent (50%) tax abatement
on the land and building
value as determined annually by the Douglas County,
Kansas Appraiser. SECTION
VIII. If Sunlite fails to pay
the ad valorem taxes which
are assessed against the
subject property, a penalty
and/or interest will be assessed against Sunlite by
the Douglas County Treasurer in accordance with applicable State laws relating
to late tax payments. If
Sunlite fails to timely pay
any such ad valorem taxes
and such failure shall continue for one (1) year, the
exemption from ad valorem
taxation hereby granted
shall be terminated December 31, in the year such
payment was due. SECTION
IX. The exemption granted
herein shall be subject to
a Performance Agreement
between the City of Lawrence, Kansas and Sunlite
Science & Technology, Inc,,
setting forth additional
conditions that may affect
the exemption status. SECTION X. The resolution shall
be in force and effect from
and after its adoption and
publication as provided by
law. Adopted the 27th day
of August, 2013, by the Governing Body of the City of
Lawrence,

APPROVED:
/s/ Michael Dever
Michael Dever
Mayor
ATTEST:
/s/ Jonathan M. Douglass
Jonathan M. Douglass
City Clerk

Approved as to form and
legality
/s/Toni R. Wheeler
Toni R. Wheeler
City Attorney
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