RESOLUTION NO. 6835
A RESOLUTION 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 $11,000,000, 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 “City” or 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, the governing body of the Issuer hereby finds and determines it to be 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”).
THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
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 System including but not limited to the following:
1. Waterline rehabilitation and replacement and related design and engineering;
2. Oread and Clinton ground storage tanks rehabilitation and/or replacement and related design and engineering;
3. Improvements to wastewater pump stations and related design and engineering; and
4. Anaerobic digester improvements at the wastewater treatment plant and related design and engineering
(the “Project”) at an estimated acquisition and construction cost of $9,350,000.
SECTION 2. The Project will not cause duplication of any existing water and sewage system utility service furnished by a private utility in the boundaries of the City.
SECTION 3. It is necessary to issue Water and Sewage System Revenue Bonds of the City, in an amount not to exceed $11,000,000 (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 4. The City Clerk is hereby authorized and directed to publish one (1) time in the official newspaper of the Issuer the notice of the intention of the governing body to undertake the Project and to issue Bonds in substantially the form attached hereto as Exhibit A. If, within fifteen (15) days after the publication of such notice, there shall be filed with the City 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 City Clerk within fifteen (15) days following publication of such notice, 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 ___________ __, 2009.
(Seal) _____________________________
Mayor
ATTEST:
City Clerk
EXHIBIT A
(Published in The Lawrence Daily Journal-World, on _____________________, 2009)
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 System including but not limited to the following:
1. Waterline rehabilitation and replacement and related design and engineering;
2. Oread and Clinton ground storage tanks rehabilitation and/or replacement and related design and engineering;
3. Improvements to wastewater pump stations and related design and engineering; and
4. Anaerobic digester improvements at the wastewater treatment plant and related design and engineering
(the “Project”) at an estimated acquisition and construction cost of $9,350,000.
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 $11,000,000 (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 City 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: ________ __, 2009.
/s/ Robert Chestnut, Mayor
ATTEST:
/s/Frank S. Reeb, City Clerk
CERTIFICATE OF NO PROTEST
STATE OF KANSAS )
) ss:
COUNTY OF DOUGLAS )
The undersigned, City Clerk of the City of Lawrence, Kansas (the “Issuer”), does hereby certify that the governing body of the Issuer duly adopted Resolution No. 6835, on ____________ __, 2009, 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 $9,350,000, and to issue Water and Sewage System Revenue Bonds, in an amount not to exceed $11,000,000 (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 Daily Journa-World, the official newspaper of the Issuer, on _______________, 2009, as required by the Act; that more than fifteen (15) days have 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)
City Clerk