RESOLUTION NO.  6528

                             A RESOLUTION OF THE CITY OF

                             LAWRENCE, KANSAS CONCERNING

                             POSSIBLE ANNEXATION OF THE FORMER

                             FARMLAND FACILITY NORTH OF EAST

                             23^RD STREET

Whereas, the public health, safety and welfare of the community is among the highest priorities of the City of Lawrence, including the strongest protection of the environment, the use of land pursuant to the adopted comprehensive plan, and development of economic development opportunities; and

Whereas, the former Farmland Nitrogen plant, generally located on the north side of East 23^rd Street outside the current City boundaries, was formerly a significant employer in the Lawrence community; and

Whereas, the plant is currently idle, Farmland is in bankruptcy proceedings, and the property is currently on the market for sale; and

Whereas, both the Environmental Protection Agency (EPA) and the Kansas Department of Environment (KDHE) have established environmental mandates for the former Farmland plant, including certain requirements on certain portions of the property which will likely require extensive financial expenditures over an extended period of time; and

Whereas, the governing body of the City of Lawrence has substantial concern that portions of the former Farmland plant will be sold thereby stranding  other portions of the plant with substantial liabilities for environmental clean-up and monitoring without any continuing entity to provide adequate resources to ensure compliance with environmental mandates; and

Whereas, the interests of the City of Lawrence will be harmed by the development of all or a portion of the Farmland property unless such development occurs with the certainty that all environmental requirements on all of the Lawrence Farmland property is met;

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1.  The above recitals are incorporated by reference herein.

Section 2.  It is the policy of the City of Lawrence that no portion of the Farmland property should be annexed into the City of Lawrence, and that   City utility services, not existing on the date of adoption of this Resolution, should not be extended to any portion of the Farmland property, unless there is clear evidence and documentation that all federal and state environmental requirements on all portions of the Lawrence Farmland property shall be met.   

Section 3.    Copies of this Resolution shall be provided to the appropriate bankruptcy officials, Farmland officials, and other appropriate entities and individuals.

Adopted this _____________ day of ___________________, 2004.

                                                          PASSED:

                                                          __________________________

                                                          David M. Dunfield, Mayor

ATTEST:

___________________________

Frank S. Reeb, City Clerk