RESOLUTION NO. 05-10-12C
A RESOLUTION AUTHORIZING AND PROVIDING FOR THE CONSTRUCTION OF WASTEWATER TREATMENT FACILITY IMPROVEMENTS FOR THE CITY OF EDGERTON, KANSAS; AND PROVIDING FOR THE PAYMENT OF THE COSTS THEREOF.
WHEREAS, K.S.A. 12-621 (the “Act”) authorizes the governing body of any city to operate and maintain disposal works for the purification of sewage of the city, or of any part thereof, the costs and expenses of building the same to be borne by the city as a whole and authorizes such a city to pay such costs from the proceeds of general obligation bonds issued for such purpose in any sum not exceeding three hundred thousand dollars ($300,000); such bonds to be in addition to the statutory limit of bonded indebtedness of such city, except that no bonds may be issued under the provisions of the Act in excess of one hundred thousand dollars ($100,000) if, within thirty (30) days of the passage of a resolution authorizing the issuance of such bonds, a petition in opposition to such issuance, signed by not less than two percent (2%) of the qualified electors in such city, is filed with the governing body of such city; and, if such petition is filed within the prescribed time, the proposition shall be submitted to the voters at the next primary or general election and no bonds shall be issued until such proposition shall receive the approval of a majority of the votes cast thereon; and
WHEREAS, the governing body of the City of Edgerton, Kansas (the “City”) deems it necessary and advisable to construct a new Wastewater Treatment Plant for the City (the “Project”), and to provide for the payment of the costs thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF EDGERTON, KANSAS:
SECTION 1. Project Authorization. It is hereby authorized, ordered and directed that there be constructed sewage disposal works improvements consisting of land acquisition, site preparation and road construction, all related to a wastewater treatment plant; together with all necessary appurtenances thereto, in accordance with plans and specifications to be prepared or approved by the City Engineer and placed on file in the office of the Clerk (the “Improvements”).
SECTION 2. Financing Authorization. The estimated costs of the Project exceed $300,000. It is hereby authorized, ordered and directed that general obligation bonds of the City shall be issued under the authority of the Act, except that no Bonds may be issued in excess of $100,000 if, within thirty (30) days of the passage of this resolution, a petition in opposition to such issuance, signed by not less than two percent (2%) of the qualified electors in the City, as filed with the governing body of the City; and, if such petition is filed within the prescribed time, the proposition shall be submitted to the voters at the next primary general election and no Bonds in excess of $100,000 shall be issued until such proposition shall receive the approval of a majority of the votes cast thereon.
SECTION 3. Reimbursement Authorization. The Bonds authorized pursuant to this Resolution may be issued to reimburse expenditures made on or after the date that is sixty days before the date of this Resolution, pursuant to Treasury Regulation § 1.150-2.
SECTION 4. Effective Date. This Resolution shall be in effect from and after the date of its adoption by the governing body of the City. The City Clerk is hereby authorized, ordered and directed to publish this Resolution one time in the official newspaper of the City.
ADOPTED by the governing body of the City of Edgerton, Kansas on May 10, 2012.
/s/ Donald Roberts
/s/ Janeice Rawles