RESOLUTION NO. 7155

 

            A RESOLUTION DECLARING IT NECESSARY TO IMPROVE THE WATER AND SEWAGE SYSTEM OF THE CITY OF LAWRENCE, KANSAS; TO AUTHORIZE THE ISSUANCE OF WATER AND SEWAGE SYSTEM REVENUE BONDS 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 “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, K.S.A. 10‑1201 et seq., as amended and supplemented (the “Act”), authorizes the governing body of the Issuer to repair, alter, extend, reconstruct, enlarge or improve the System, and to issue utility revenue bonds to pay the costs thereof.

 

            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 as follows:

 

1.      General Improvements to Clinton & Kaw Water Treatment Plants

2.      General Improvements to Water Storage & Pumping Stations

3.      Water Main Assessment, Relocation, Rehabilitation, Replacement & Extension

4.      General Improvements to Kansas River & Wakarusa River Wastewater Treatment Plants

5.      New Wakarusa Wastewater Treatment Plant, Influent Pump Station, and Force Mains

6.      Rapid Inflow/Infiltration Reduction Program

7.      Sanitary Sewer/Manhole Assessment, CIPP, Relocation, Rehabilitation, Replacement & Extension

 

 (the “Project”) at an estimated acquisition and construction cost of $50,790,000.

 

            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 $61,000,000 (the “Bonds”), under authority of the Act, to pay the costs of the Project and related bond reserves and financing costs.  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.   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.  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.

 

            SECTION 5.  This Resolution shall be in full force and effect from and after its adoption.

 

            ADOPTED by the governing body of the City of Lawrence, Kansas, on April 26, 2016.

 

 

 

 

(Seal)                                                                           _____________________________              

                                                                                    Mayor

ATTEST:

 

 

 

                                                             

City Clerk

(PUBLISHED IN THE LAWRENCE JOURNAL-WORLD ON _______________, 2016)

 

EXHIBIT A

 

NOTICE

 

TO:  THE RESIDENTS OF THE CITY OF LAWRENCE, KANSAS

 

            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, as follows:

 

1.      General Improvements to Clinton & Kaw Water Treatment Plants

2.      General Improvements to Water Storage & Pumping Stations

3.      Water Main Assessment, Relocation, Rehabilitation, Replacement & Extension

4.      General Improvements to Kansas River & Wakarusa River Wastewater Treatment Plants

5.      New Wakarusa Wastewater Treatment Plant, Influent Pump Station, and Force Mains

6.      Rapid Inflow/Infiltration Reduction Program

7.      Sanitary Sewer/Manhole Assessment, CIPP, Relocation, Rehabilitation, Replacement & Extension

 

 (the “Project”) at an estimated acquisition and construction cost of $50,790,000.

 

            In order to finance costs of the Project and 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 $61,000,000 (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 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 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:  April 26, 2016.

 

ATTEST:                                                                     /s/, Mike Amyx, Mayor

 

/s/ Brandon McGuire, Acting City 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. 7155, on April 26, 2016, 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  $50,790,000, and to issue Water and Sewage System Revenue Bonds, in an amount not to exceed $61,000,000 (the “Bonds”), under the authority of K.S.A. 10‑1201 et seq. (the “Act”) in order to pay the costs thereof and related bond reserves and 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 ____________, 2016, 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 and the issuance of the Bonds, as provided by the Act.

 

            WITNESS my hand and official seal on _____________, 2016.

 

 

 

(Seal)                                                                                                                          

                                                                                                Clerk