RESOLUTION
NO. 6766
A
RESOLUTION DECLARING IT NECESSARY TO IMPROVE THE WATER AND SEWER SYSTEM OF THE
CITY OF LAWRENCE, KANSAS; TO AUTHORIZE THE ISSUANCE OF GENERAL OBLIGATION NOTES
AND/OR BONDS AND WATER AND SEWER SYSTEM REVENUE BONDS IN AN AMOUNT NOT TO
EXCEED $5,880,000, FOR THE PURPOSE OF PAYING THE COSTS THEREOF AND RELATED BOND
RESERVES AND FINANCING COSTS; AND PROVIDING FOR THE GIVING OF NOTICE OF SAID
INTENTION.
WHEREAS, the City of Lawrence, Kansas
(the “Issuer”) is authorized under Article 12, Section 5 of the
Constitution of the State of Kansas and Charter Ordinance No. 27 of the Issuer,
to improve, repair or extend any waterworks or wastewater treatment facility,
or other public utility facility, and to rebuild, add to or extend the same from
time to time, and to issue general obligation temporary notes and/or bonds to
pay the costs thereof; and
WHEREAS, K.S.A. 10‑1201 et seq., as amended and supplemented
(the “Act”), authorizes the governing body of the Issuer to repair, alter,
extend, reconstruct, enlarge or improve the Water and Sewer System (the
“System”) owned and operated by the Issuer, and to issue utility revenue bonds
to pay the costs thereof.
THEREFORE, BE IT RESOLVED BY THE
GOVERNING BODY OF THE CITY OF
SECTION 1. It
is hereby deemed and declared to be necessary to repair, alter, extend,
reconstruct, enlarge or improve the System as follows:
Constructing approximately 15,000 feet
of gravity sewers ranging in size from 10” to 30”, as identified in the 2003 Wastewater
Master Plan as E-BC-1-02, E-BC-2-01 and E-BC-2-02, including planning and
design costs, land acquisition costs, and costs of necessary permanent
easements, and all other necessary and appropriate improvements
(the “Project”) at an estimated cost of $4,905,000.
SECTION 2. The
Project will not cause duplication of any existing water and sewer utility
service furnished by a private utility in the boundaries of the City.
SECTION 3. For
the purpose of providing funds for the Project, the Issuer hereby authorizes
the issuance of its general obligation temporary notes and/or bonds pursuant to
Charter Ordinance No. 27, in an amount not to exceed $5,880,000, inclusive of
related bond reserves (if necessary) and financing costs. Said Notes and 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 4. Pursuant
to the Act, the Issuer may issue Water and Sewer System Revenue Bonds of the City,
in an amount not to exceed $5,880,000 (the “Bonds”), 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 5. Before
entering into any construction contract related to the Project and before issuing
the Bonds referenced in Section 4 hereof, 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, in
substantially the form attached hereto and made a part hereof by reference as
though fully set out herein; 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 April ___, 2008.
(Seal) Mayor
ATTEST:
Clerk
(Published
in The
NOTICE
TO: THE RESIDENTS
OF THE CITY OF LAWRENCE, KANSAS
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
Sewer System (the “System”) owned and operated by the Issuer, as follows:
Constructing approximately 15,000 feet
of gravity sewers ranging in size from 10” to 30”, as identified in the 2003
Wastewater Master Plan as E-BC-1-02, E-BC-2-01 and E-BC-2-02, including
planning and design costs, land acquisition costs, and costs of necessary
permanent easements, and all other necessary and appropriate improvements
(the “Project”) at an estimated cost of $4,905,000.
In order
to finance the Project including related bond reserves and financing costs, the
governing body of the Issuer further intends to issue Water and Sewer System
Revenue Bonds, in an amount not to exceed $5,880,000 (the “Bonds”) in one or
more series under the authority of K.S.A. 10‑1201 et seq. 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 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: April ___, 2008.
/s/Frank S. Reeb, City Clerk
CERTIFICATE
OF NO PROTEST
STATE OF
)
ss:
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 April ___, 2008, declaring it necessary to repair, alter, extend,
reconstruct, enlarge or improve the Water and Sewer System (the “System”) owned
and operated by the Issuer (the “Project”) at an estimated cost of $4,905,000,
and to issue Water and Sewer System Revenue Bonds, in an amount not to exceed $5,880,000
(the “Bonds”), under the authority of K.S.A. 10‑1201 et seq. (the “Act”) in order to pay the costs of the Project and
related bond reserves and financing costs; that a Notice of said intention was
duly published one time in the Lawrence
Daily Journal-World, the official newspaper of the Issuer on April ___, 2008,
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 April ___, 2008.
(Seal)
Clerk