RESOLUTION NO. 6943  

A RESOLUTION OF THE CITY OF LAWRENCE, KANSAS PROVIDING FOR THE ACQUISITION OF FIRE-FIGHTING EQUIPMENT AND PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY TO PAY THE COST OF SUCH EQUIPMENT

WHEREAS, K.S.A. 12-110c, together with any amendments thereto (the “Act”), provides for the acquisition of fire-fighting equipment by a city operating a fire department and for financing the cost of such acquisition through the issuance of the city’s general obligation bonds; and

WHEREAS, the City of Lawrence, Kansas (the “City”) operates a fire department known as the Lawrence-Douglas County Fire Medical Department and has determined that it is necessary to purchase one (1) engine fire apparatus, (the “Equipment”) and to pay the cost of such acquisition through the issuance of the City’s general obligation bonds; and

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

Section 1.  Acquisition of Equipment.  Pursuant to the Act, the acquisition of the Equipment at an approximate cost of $347,967 is hereby approved and authorized.

Section 2.  Financing.  The cost of the acquisition of the Equipment shall be paid through the issuance of general obligation bonds (the “Bonds”) of the City in an amount not to exceed $347,967, plus any issuance expenses and any interest on temporary notes.  The City hereby states its intent to reimburse itself for any capital expenditures it has paid or may hereafter pay with the proceeds of the Bonds in the maximum principal amount of $347,967 plus any issuance expenses and any interest on temporary notes.

Section 3.  Bond Requirements.  No Bonds shall be issued to finance the acquisition of the Equipment until the City has first published a notice of its intention to acquire the Equipment, stating the cost thereof and its intention to issue the Bonds under the provisions of the Act, which notice must be published once each week for two consecutive weeks in the official City newspaper.  If within 60 days following the final date of publication of such notice of intent, a petition signed by not less than 5% of the qualified electors of the City is filed with the City Clerk, no Bonds shall be issued until the same shall have been approved by a majority of the qualified electors of the City voting thereon at an election called and held for such purpose.  The City Clerk is hereby authorized and directed to publish the notice of intent in substantially the form attached hereto as Exhibit A for two consecutive weeks in the official City newspaper.

Section 4.  Effective Date.  This Resolution shall be effective from and after adoption by the Governing Body.

ADOPTED by the Governing Body of the City of Lawrence, Kansas, ___________________, 2011.

                                                                                                _______________________________

(SEAL)                                                                                                Aron E. Cromwell, Mayor

___________________________

Jonathan M. Douglass, City Clerk

EXHIBIT A

(Published XXX ___, 2011 and XXX ___, 2011 in the Lawrence Journal World)

NOTICE OF INTENT

TO:      All Residents of the City of Lawrence, Kansas

Pursuant to the provisions of K.S.A. 12-110c, together with any amendments thereto (the “Act”), the City of Lawrence, Kansas (the “City”) intends to acquire one (1) engine fire apparatus, for the use of the Lawrence-Douglas County Fire Medical Department at an approximate cost of $347,967 and to pay the cost thereof by the issuance of City’s general obligation bonds in an amount not to exceed $347,967 plus any issuance expenses and plus the cost of any interest on temporary notes.  The bonds shall mature not more than 12 years from their date of issuance.

This notice shall be published once each week for two consecutive weeks in the official City newspaper.

If, within sixty (60) days following the date of the final publication of this notice, a petition signed by not less than five (5) percent of the qualified electors of the City is filed with the City Clerk, no such bonds shall be issued until the same have been approved by a majority of the qualified electors of the City at an election called and held therefore.  If no protest petition is filed, the City shall proceed with the issuance of the Bonds.

Dated: XXX ____, 2011

CITY OF LAWRENCE, KANSAS

By:  Jonathan M. Douglass, City Clerk

CERTIFICATE OF NO PROTEST

STATE OF KANSAS               )

                                                ) ss.

COUNTY OF DOUGLAS        )

            The undersigned, City Clerk of Lawrence, Kansas (the “City”), does hereby certify that the attached Notice of Intent to issue Bonds for the improvements described therein was duly published twice in the Lawrence Journal-World, the official newspaper of the City on _________ __, 2011 and subsequently on _________ __, 2011, as required by K.S.A. 12-110c; that more than 60 days has elapsed from the date of the last of said publications; and that there has been no sufficient petition filed in my office concerning the issuance of the Bonds as provided by K.S.A. 12-110c.

            Dated:  ___________ __, 2011.

(Seal)                                                                                       _____________________________

                                                                                                Jonathan M. Douglass

                                                                                                City Clerk