(Published in the Lawrence Journal-World  on _________________, 2012)

ORDINANCE NO. 8778

A HOME RULE ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AUTHORIZING AN EMERGENCY COMMUNICATIONS SYSTEM FUNDING AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS, THE MAKING OF A GRANT TO THE BOARD OF COUNTY COMMISSIONERS OF DOUGLAS COUNTY, KANSAS, FOR FUNDING IMPROVEMENTS TO THE EMERGENCY COMMUNICATIONS SYSTEM AND AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY TO PAY THE COSTS THEREOF.

WHEREAS, the governing body of the City of Lawrence, Kansas (the “City”), and the Board of County Commissioners of Douglas County, Kansas (the County”), entered into an Interlocal Cooperation Agreement dated as of December 1, 1994 (the “Interlocal Agreement”), providing for the operation of a unified emergency communications system (the “System”) for the benefit of the public health, safety and welfare of the City; and

WHERAS, the System is in need of various capital improvements (the “Improvements”), and the County and the City wish to enter into an Emergency Communications System Funding Agreement (the “Agreement”) with the County to provide for the making of the Improvements by the County and the joint funding by the County and the City of the costs of the Improvements; and  

WHEREAS, the City is authorized by Article 12, Section 5 of the Constitution of the State of Kansas (the “Home Rule Amendment”) to determine its local affairs and government, and the Home Rule Amendment provides that such power and authority granted thereby to cities shall be liberally construed for the purpose of giving to cities the largest measure of self-government; and

            WHEREAS, there is no enactment of the Kansas Legislature which prohibits the City from making a grant to the County for emergency communication purposes in order to fund the City’s share of the costs of the Improvements in accordance with the Agreement (the “Grant”) and issuing general obligation notes and/or bonds (the “Obligations”) to finance the costs of the Grant; and

WHEREAS, the governing body of the City hereby finds that pursuant to and in furtherance of the purposes of the Home Rule Amendment, it is in the interest of the public health, safety and welfare of the City to authorize the Obligations for the purpose of financing the cost of making the Grant.

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

Section 1.        Approval of Agreement.  The Agreement, in substantially the form presented to and reviewed by the governing body prior to the adoption of this Ordinance, is approved, and the Mayor is authorized to execute the Agreement for and on behalf of the City, with such changes as are approved by the Mayor, the Mayor’s execution of the Agreement being conclusive evidence of his approval thereof.

Section 2.        Grant Authorization.  It is hereby authorized, ordered and directed that the City proceed with the making of the Grant to the County in an amount at a cost currently estimated not to exceed $3,095,000.00 plus costs of issuance and interest on any temporary financing.

Section 3.        Financing Authorization.  The costs of the Grant may be paid, in whole or in part, from the proceeds of the Obligations which are hereby authorized to be issued for such purposes pursuant to the authority of the Home Rule Amendment and this Home Rule Ordinance in an amount not to exceed $3,095,000 plus costs of issuance and interest on any temporary financing.

Section 4.        Further Authority.  The City shall, and the officers, employees and agents of the City are hereby authorized and directed to, take such action, expend such funds and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance and to carry out, comply with and perform the duties of the City with respect to the Interlocal Agreement, the Agreement, the Improvements, the Grant and the Obligations.

Section 4.        Effective Date.  This Home Rule Ordinance shall be effective from and after final passage by the governing body and publication once in the official City newspaper.

PASSED by the Governing Body of the City of Lawrence, Kansas on ___________, 2012.

                                                                        _________________________________

ATTEST:                                                         Robert J. Schumm, Mayor

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Jonathan M. Douglas, City Clerk