OF THE GOVERNING BODY OF
CITY OF LAWRENCE, KANSAS
HELD ON FEBRUARY __, 2007
The governing body met in regular session at the usual meeting place in the City, at 6:35 P.M., the following members being present and participating, to‑wit:
Absent:
The Mayor declared that a quorum was present and called the meeting to order.
* * * * * * * * * * * * * *
(Other Proceedings)
Thereupon there was presented a Resolution entitled:
A RESOLUTION AMENDING RESOLUTION NO. 6586 DECLARING IT NECESSARY TO REPAIR, ALTER, EXTEND, RECONSTRUCT, ENLARGE OR IMPROVE THE WATER AND SEWAGE SYSTEM OF THE CITY OF LAWRENCE, KANSAS; TO ISSUE WATER AND SEWAGE SYSTEM REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $28,100,000, FOR THE PURPOSE OF PAYING THE COSTS THEREOF AND RELATED FINANCING COSTS; AND PROVIDING FOR THE GIVING OF NOTICE OF SAID INTENTION.
Thereupon Commissioner ___________ moved that said Resolution be adopted. The motion was seconded by Commissioner ____________. Said Resolution was duly read and considered, and upon being put, the motion for the adoption of said Resolution was carried by the vote of the governing body, the vote being as follows:
Aye: .
Nay: .
Thereupon, the Resolution having been received at least two‑thirds (2/3rds) majority vote of the members of the governing body, the Mayor declared said Resolution duly adopted and the Resolution was then duly numbered Resolution No. ______ and was signed by the Mayor and attested by the Clerk. The Clerk was further directed to cause the publication of a Notice of the intent of said Resolution one time in the official city newspaper as required by law and provided by said Resolution, said Notice to be in the form attached hereto and made a part hereof by reference as though fully set out herein.
* * * * * * * * * * * * * *
(Other Proceedings)
* * * * * * * * * * * * * *
CERTIFICATE
I hereby certify that the foregoing Excerpt of Minutes is a true and correct excerpt of the proceedings of the governing body of the City of Lawrence, Kansas, held on the date stated therein, and that the official minutes of such proceedings are on file in my office.
(SEAL)
Clerk
RESOLUTION NO. 6704
A RESOLUTION AMENDING RESOLUTION NO. 6586 DECLARING IT NECESSARY TO REPAIR, ALTER, EXTEND, RECONSTRUCT, ENLARGE OR IMPROVE THE WATER AND SEWAGE SYSTEM OF THE CITY OF LAWRENCE, KANSAS; TO ISSUE WATER AND SEWAGE SYSTEM REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $28,100,000, FOR THE PURPOSE OF PAYING THE COSTS THEREOF AND RELATED FINANCING COSTS; AND PROVIDING FOR THE GIVING OF NOTICE OF SAID INTENTION.
WHEREAS, the City of Lawrence, Kansas (the "Issuer") is authorized under the laws of the State of Kansas to issue general obligation bonds to repair, alter, extend, reconstruct, enlarge or improve the Water and Sewage System (the "System") owned and operated by the Issuer; and
WHEREAS, pursuant to Resolution No. 6586, adopted on April 5, 2005, the governing body of the Issuer found and determined it was necessary to repair, alter, extend, reconstruct, enlarge or improve the System, and that the costs thereof should be financed by the issuance of utility revenue bonds of the Issuer, under authority of K.S.A. 10‑1201 et seq., as amended and supplemented (the "Act"); and
WHEREAS, the costs of such improvements to the System have increased, and the governing body of the Issuer hereby finds and determines that it is necessary to amend Sections 1 and 3 of Resolution No. 6586 to reflect such increased costs.
THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF CITY OF LAWRENCE, KANSAS:
SECTION 1. Section 1 of Resolution No. 6586 is hereby amended to state as follows:
SECTION 1. It is hereby deemed and declared to be necessary to repair, alter, extend, reconstruct, enlarge or improve the System in the following particulars, to‑wit:
Construction of improvements to the water and sewage system including but not limited to the following:
1. expansion of the Clinton water treatment plant,
2. development of a disposal facility for lime residuals,
3. construction of transmission lines at the Kaw water treatment plant,
4. improvements to North Lawrence sanitary sewer pump stations,
5. improvements to sanitary sewer collection lines and
6. construction of a vehicle and equipment storage facility at the wastewater plant
(the "Project") at an estimated acquisition and construction cost of $27,900,000.
SECTION 2. Section 3 of Resolution No. 6586 is hereby amended to state as follows:
SECTION 3. It is necessary to issue Water and Sewage System Revenue Bonds of the City, in an amount not to exceed $28,100,000 (the "Bonds"), under authority of the Act, to pay the costs of the Project and related bond reserves and financing costs; said Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of this Resolution, pursuant to Treasury Regulation 1.150-2.
SECTION 3. Before issuing the Bonds, there shall be published one (1) time in the official newspaper of the Issuer, a notice of the intention of the governing body to undertake the Project and to issue the Bonds; and if within fifteen (15) days after the publication of such notice, there shall be filed with the Clerk, a written protest against the Project or the issuance of the Bonds, signed by not less than twenty per cent (20%) of the qualified electors of the City, the governing body shall thereupon submit such proposed Project and the proposed Bonds to the electors of the City at a special election to be called for that purpose as provided by the Act. If no sufficient protest is filed with the Clerk within the period of time hereinbefore stated, then the governing body of the Issuer shall proceed to authorize the Project and to issue the Bonds.
ADOPTED by the governing body of the City of Lawrence, Kansas, on February __, 2007.
(Seal) _____________________________
Mayor
ATTEST:
Clerk
(Published in LAWRENCE JOURNAL-WORLD, on February __, 2007)
NOTICE
TO: THE RESIDENTS OF THE CITY OF LAWRENCE, KANSAS
You and each of you are hereby notified that the governing body of the City of Lawrence, Kansas (the "Issuer") intends to repair, alter, extend, reconstruct, enlarge or improve the Water and Sewage System (the "System") owned and operated by the Issuer, in the following particulars, to‑wit:
Construction of improvements to the water and sewage system including but not limited to the following:
1. expansion of the Clinton water treatment plant,
2. development of a disposal facility for lime residuals,
3. construction of transmission lines at the Kaw water treatment plant,
4. improvements to North Lawrence sanitary sewer pump stations,
5. improvements to sanitary sewer collection lines and
6. construction of a vehicle and equipment storage facility at the wastewater plant
(the "Project") at an estimated acquisition and construction cost of $27,900,000.
In order to finance the Project including related bond reserves and financings costs, the governing body of the Issuer further intends to issue Water and Sewage System Revenue Bonds, in an amount not to exceed $28,100,000 (the "Bonds") in one or more series under the authority of K.S.A. 10‑1201 et seq. (the "Act"). The Bonds will not be general obligations of the Issuer payable from taxation, but shall be payable only from net revenues of the System. The proceeds of the Bonds will be used to pay the estimated costs of the Project and related bond reserves and financing costs.
This Notice shall be published one time in the official newspaper of the Issuer, and if within fifteen (15) days after the date of said publication there shall be filed with the Clerk, a written protest against the Project or the issuance of the Bonds, signed by not less than twenty per cent (20%) of the qualified electors of the city, then the governing body shall submit such proposed Project and the proposed Bonds to the electors of the Issuer at a special election to be called for that purpose as provided by the Act. If no sufficient protest is filed within said period of time, the governing body shall proceed with the Project and the issuance of the Bonds.
DATED: February __, 2007.
ATTEST: /s/ Mayor
/s/ Clerk
CERTIFICATE OF NO PROTEST
STATE OF KANSAS )
) ss:
COUNTY OF DOUGLAS )
The undersigned, Clerk of the City of Lawrence, Kansas (the "Issuer"), does hereby certify that the governing body of the Issuer duly adopted Resolution No. ______, on February __, 2007, declaring it necessary to repair, alter, extend, reconstruct, enlarge or improve the Water and Sewage System (the "System") owned and operated by the Issuer (the "Project") at an estimated cost of $27,900,000, and to issue Water and Sewage System Revenue Bonds, in an amount not to exceed $28,100,000 (the "Bonds"), under the authority of K.S.A. 10‑1201 et seq. (the "Act") in order to pay the costs thereof and related financing costs; that a Notice of said intention was duly published one time in the Lawrence Journal-World, the official newspaper of the Issuer, on February __, 2007, as required by the Act; that more than fifteen (15) days has elapsed from the date of said publication; and that there has been no sufficient written protest filed in my office against the Project or against the issuance of the Bonds, as provided by the Act.
WITNESS my hand and official seal on ______________________.
(Seal)
Clerk