RESOLUTION NO. 6859

            A RESOLUTION AUTHORIZING THE IMPROVEMENT OR REIMPROVEMENT OF CERTAIN MAIN TRAFFICWAYS WITHIN THE CITY OF LAWRENCE, KANSAS; AND PROVIDING FOR THE PAYMENT OF THE COSTS THEREOF.

            WHEREAS, K.S.A. 12-687 provides that the governing body of any city shall have the power to improve or reimprove or cause to be improved or reimproved, any main trafficway or trafficway connection designated and established under the provisions of K.S.A. 12-685 et seq. (the “Act”), and such improvement or reimprovement may include grading, regrading, curbing, recurbing, guttering, reguttering, paving, repaving, macadamizing, remacadamizing, constructing, reconstructing, opening, widening, extending, rounding corners, straightening, relocating, building any necessary bridges and approaches thereto, viaducts, overpasses, underpasses, culverts and drainage, trafficway illumination, traffic control devices, pedestrian ways, or other improvements or any two or more of such improvements or reimprovements and the acquisition of right-of-way by purchase or condemnation when necessary for any of such purposes; and

            WHEREAS, the Act provides that all costs of improvements or reimprovements authorized thereunder, including acquisition of right-of-way, engineering costs, and all other costs properly attributable to such projects, shall be paid by the city at large and may be funded, among others, by the issuance of general obligation bonds; and

            WHEREAS, the governing body of the City of Lawrence, Kansas (the “City”), has heretofore by Code of the City of Lawrence, Kansas, Section 17-501 et seq designated the following streets within the City as main trafficways or trafficway connectors, as provided by and under the authority of the Act:

23^rd Street

; and

            WHEREAS, said governing body hereby finds and determines that it is necessary to improve or reimprove said main trafficways, and to provide for the payment of the costs thereof, all as provided by and under the authority of the Act.

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

            Section 1.  Project Authorization.  It is hereby deemed and declared to be necessary to improve or reimprove the main trafficways hereinafter set forth:

23^rd Street, from Ousdahl to Barker

(the “Project”) under the authority of the Act, in accordance with plans and specifications therefor prepared or approved by the City Engineer.

            Section 2.  Financing Authority.  The estimated costs of the Project, including construction, engineering fees, acquisition of right-of-way and easements, contingencies and administrative expenses is $225,000.00.  The costs of the Project and associated financing costs and interest on interim financing shall be payable from the proceeds of tax-exempt, taxable or tax credit general obligation bonds of the City issued under authority of the Act (the “Bonds”). 

Section 3.  Reimbursement.  The 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.  Effective Date.  This Resolution shall take effect and be in full force from and after its adoption by the governing body of the City.

            ADOPTED AND APPROVED by the governing body of the City of Lawrence, Kansas, on August ___, 2009.

(Seal)                                                                          

                                                                                                            Mayor

ATTEST:

                        Clerk