ORDINANCE NO. 941361
Approving the public sale of approximately $35,000,000.00
principal amount of Water Revenue Bonds, 7th Issue, Series D, of the City of
Kansas City, Missouri, for the purpose of providing additional funds to pay the
cost of extending and improving the waterworks system of the City; authorizing
the preparation and execution of certain documents in connection with the sale
and issuance of said bonds; and authorizing certain other actions in connection
therewith.
WHEREAS, the City of Kansas City, Missouri (the
"City"), is authorized pursuant to the Constitution and Statutes of
the State of Missouri, including particularly Article VI, Section 27 of the
Missouri Constitution, as amended, the Charter of the City, as amended, and an
election duly held in the City on March 8, 1988, at which more than a majority
of the qualified voters of the City approved the issuance of the City's water
revenue bonds in the aggregate principal amount of $110,000,000.00 for the
purpose of extending and improving the waterworks system of the City (the
"Waterworks System"); and
WHEREAS, the City has heretofore issued its Water
Revenue Bonds, 7th Issue, Series A, dated December 1, 1988, in the original
principal amount of $25,000,000.00, its Water Revenue Bonds, 7th Issue, Series
B, dated December 1, 1989, in the original principal amount of $30,000,000.00
and its Water Revenue Bonds, 7th Issue, Series C, dated March 1, 1992, in the
original principal amount of $20,000,000.00 (collectively, the "Prior
Bonds"); and
WHEREAS, the City hereby finds and determines that
it is necessary and desirable that the City issue its Water Revenue Bonds, 7th
Issue, Series D (the "Bonds"), in the approximate principal amount of
$35,000,000.00 to provide additional funds to pay the cost of extending and
improving the Waterworks System; and
WHEREAS, the aggregate principal amount of
outstanding Prior Bonds and the Bonds does not exceed $110,000,000.00; and
WHEREAS, the City hereby further finds and
determines that it is necessary and desirable to sell the Bonds by public sale
and in connection with said sale and the issuance and delivery of the Bonds, it
is necessary and desirable to authorize the preparation and execution of
certain documents and the taking of certain other actions in connection
therewith; and
WHEREAS, the City has selected the firms of George
K. Baum & Company and LS Financial Group, Inc. to act as the Financial
Advisor in connection with the sale and issuance of the Bonds; and
WHEREAS, the City has selected the firms of Lathrop
& Norquist; Burke, Williams, Sorensen & Gaar; and Herbert E. Hardwick,
P.C. to serve as Co-Bond Counsel in connection with the sale and issuance of
the Bonds; NOW, THEREFORE
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. The City hereby authorizes and approves
(i) the public sale of the Bonds, (ii) the preparation of a Notice of Bond Sale
and Preliminary Official Statement (the "Preliminary Official
Statement") in a form to be approved by the City, Financial Advisor and
Co-Bond Counsel, and (iii) the preparation and execution of a final Official
Statement (the "Official Statement"), supplementing the Preliminary
Official Statement, in a form to be approved by the City, Financial Advisor and
Co-Bond Counsel. The City hereby consents to the use and public distribution
of the Preliminary Official Statement and the Official Statement in connection
with the offering for sale of the Bonds.
Section 2. The Mayor, City Council, City Manager,
City Clerk, City Attorney, Co-Bond Counsel, Financial Advisor and their
respective officers, agents and employees are hereby directed and authorized to
prepare and execute such documents, instruments and certificates and to take
such other action on behalf of the City as shall be necessary or desirable in
connection with the sale, issuance and delivery of the Bonds and to effect the
terms and provisions of this Ordinance.
Section 3. This Ordinance shall take effect and be
in full force and effect 10 days after the date of its passage.
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Approved as to form and
legality:
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Assistant City Attorney