RESOLUTION NO. 6854
A RESOLUTION OF THE CITY OF LAWRENCE, KANSAS, AMENDING SECTIONS 1, 3 AND 4 OF RESOLUTION NO. 6776 RELATING TO IMPROVEMENTS TO THE WATER AND SEWER SYSTEM AND THE ISSUANCE OF GENERAL OBLIGATION NOTES AND/OR BONDS AND WATER AND SEWER SYSTEM REVENUE BONDS FOR THE PURPOSE OF PAYING THE COSTS THEREOF.
WHEREAS, the City of Lawrence, Kansas (the “City” or the “Issuer”) previously adopted Resolution No. 6776 on July 22, 2009, authorizing certain improvements to the City’s water and sewer system (the “System”) and authorizing the issuance of general obligation notes and/or bonds and water and sewer system revenue bonds to pay the costs thereof, all pursuant to Charter Ordinance No. 27 and K.S.A. 10-1201 et seq.; and
WHEREAS, the estimated costs of improvements to Bowersock Dam have increased since the adoption of Resolution No. 6776; and
WHEREAS, the governing body of the City hereby deems it advisable to amend Resolution No. 6776 to increase the authorized cost of the improvements and the amount of bonds that may be issued therefore.
NOW THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
Section 1. Sections 1, 3 and 4 of Resolution No. 6776 are hereby amended as follows:
Section 1. It is hereby deemed and declared to be necessary to repair, alter, extend, reconstruct, enlarge or improve the System as follows:
1. Expansion of the firm pumping capacity of Pump Station 25 and construction of a force main from said pump station to the Kansas Wastewater Treatment Plant.
2. Conversion of the existing anaerobic storage tank to a secondary digester with gas mixers and a floating cover including the expansion of the gas control building and upgrading the digester SCADA system.
3. Improvements to Bowersock Dam.
(the “Project”) at an estimated cost of $6,400,000.
Section 3. For the purpose of providing funds for the Project, the Issuer hereby authorizes the issuance of its tax-exempt, taxable or tax credit general obligation temporary notes and/or bonds pursuant to Charter Ordinance No. 27, in an amount not to exceed $2,700,000, 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 tax-exempt, taxable or tax credit Water and Sewer System Revenue Bonds of the City (the “Revenue Bonds”), in an amount not to exceed $7,040,000 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 2.
Section 2. Before entering into any construction contract(s) related to the Project in excess of $5,070,000 and before issuing the Revenue Bonds in a principal amount in excess of $5,620,000, 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 Revenue 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 Revenue 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 Revenue 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 Revenue Bonds.
Section 3. Sections 1, 3 and 4 of Resolution No. 6776 are hereby amended.
Section 4. This Resolution shall take effect and be in full force from and after its adoption by the governing body of the City.
ADOPTED by the governing body of the City of Lawrence, Kansas, on August 4, 2009.
(Seal) _____________________________
Mayor
ATTEST:
Clerk
(Published in LAWRENCE JOURNAL-WORLD, on August __, 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”), pursuant to Resolution No. 6776, as amended by Resolution No. _______, 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 firm pumping capacity of Pump Station 25 and construction of a force main from said pump station to the Kansas Wastewater Treatment Plant.
2. Conversion of the existing anaerobic storage tank to a secondary digester with gas mixers and a floating cover including the expansion of the gas control building and upgrading the digester SCADA system.
3. Improvements to Bowersock Dam.
(the “Project”) at an estimated acquisition and construction cost of $6,400,000 (which is an increase of $1,330,000 over the costs originally set forth in Resolution No. 6776).
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 $7,040,000 (the “Bonds”) ($5,363,195.78 of these Bonds were previously issued in 2008) 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: August __, 2009.
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 August 4, 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 $6,400,000, and to issue Water and Sewage System Revenue Bonds, in an amount not to exceed $7,040,000 (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 August ____, 2009, 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