RESOLUTION NO. 09-15

RESOLUTION NO. 09-15 A RESOLUTION OF THE CITY OF MCPHERSON, KANSAS, AUTHORIZING AND PROVIDING FOR THE CONSTRUCTION OF SANITARY SEWER PUMPING STATION IMPROVEMENTS IN THE CITY; AND PROVIDING FOR THE PAYMENT OF THE COSTS THEREOF. WHEREAS, K.S.A. 12-626, as amended and supplemented, provides, in part, that whenever, in the judgment of the governing body of any city in the state of Kansas (the "State"), in the construction, maintenance and operation of its sewer system, that on account of elevation, dike, or any other reason, it is impracticable or too expensive to excavate in connection with such sewer or intercepting sewer with another sewer district, or intercepting sewer, or in order to provide an outlet of any kind for the sewage of such sewer or intercepting sewer district, is empowered to construct a pumping station for the purpose of pumping sewage of a sewer or intercepting sewer to some other sewer district in said city over any elevation, dike or other obstruction in order to conduct the sewage thereof to a point of outlet, whether such outlet be an intercepting sewer, another main sewer district, a sewage disposal plant, or a stream; and WHEREAS, K.S.A. 12-627 provides that before any such pumping plant shall be constructed, the plans and specifications of such pumping station shall first be submitted to the Secretary of Health and Environment of the State (the "Secretary") and be approved by such Secretary; and WHEREAS, K.S.A. 12-628 provides, in part, that the cost of constructing such pumping station may be paid by the issuance of general obligation bonds; and WHEREAS, the governing body of the City of McPherson, Kansas (the "City") has determined that Pump Station #8 has heretofore been constructed for the purpose of pumping sewage over any elevation, dike or other obstruction under the authority of K.S.A. 12-626; and WHEREAS, the governing body hereby further finds and determines that such Pump Station #8 has been constructed for over 20 years, and is in need of reconstruction (the "Project"). THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF MCPHERSON, KANSAS: Section 1. Authorization of Improvements. It is hereby authorized, ordered and directed that the Project shall be constructed as a part of the sewer system of the City as provided by K.S.A. 12-626, in accordance with the plans and specifications therefore, which have been prepared or approved by the City Engineer, and placed on file in the office of the Clerk. Section 2. Bond Authorization. The estimated construction cost of the Project is $700,000.000. The costs of the Project, associated engineering, interest on interim financing and associated financing costs shall be payable from the proceeds of general obligation bonds of the City issued under authority of K.S.A. 12-628 (the "Bonds"). Section 3. Reimbursement. Any Bonds issued under the authority of this Resolution may be used to reimburse expenditures made on or after the date that is 60 days before the date of adoption of this Resolution pursuant to U.S. Treasury Regulation ¤1.150-2. Section 4. Effective Date. This Resolution shall be in force and take effect from and after its adoption. [BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK] ADOPTED AND APPROVED by the governing body of the City of McPherson, Kansas on March 30, 2009. William J. Goering Mayor ATTEST: Gary L. Meagher Clerk Published in The McPherson Sentinel, Wednesday, April 1, 2009. (138)