ORDINANCE NO. 021416

Authorizing the affirmative assent of Kansas City, in accordance with Section 204.370 of the Revised Missouri Statutes, on the question of whether the Little Blue Valley Sewer District should issue revenue bonds payable from revenues to be derived from the operation of the System in an amount not to exceed $89,570,000.00 for the purpose of acquiring, constructing, improving, extending or rehabilitating the sewerage system; and authorizing the Mayor and City Manager to execute documents necessary to implement this ordinance.

WHEREAS, the Little Blue Valley Sewer District operates a sewer system (the System) pursuant to Section 204.250 et seq. for the primary benefit of the customers within the District (the Customers); and

WHEREAS, certain customers including Kansas City (the Public Entity) have entered into sewer contracts with the District, providing, among other things, for the treatment by the District of sewage contributed to it by the Customer in consideration of a payment of a charge to the District by the Customer; and

WHEREAS, District has undertaken a review of the existing infrastructure of the System and has approved a facility plan for the acquisition, construction, improvement, extension and rehabilitation of the System; and

WHEREAS, the Public Entity has participated with other Customers in organized workshops and public meetings to review the proposed Facility Plan and various alternative financing sources; and

WHEREAS, the District has determined that it is in the best interests of the District to finance the acquisition, construction, improvements, expansion and rehabilitation of the System through the issuance of revenue bonds payable from the revenues to be derived from the operation of the System; and

WHEREAS, Kansas City, Missouri passed Ordinance No. 011696 in December 2001, authorizing assent to the issuance of revenue bonds in an amount not to exceed $86,000,000.00; and

WHEREAS, the District has been advised that additional funds are available to increase the amount from $86,000,000.00 to $89,570,000.00; and

WHEREAS, in accordance with Section 204.370 of the Revised Statues of Missouri, the District has submitted to Customers, as defined in Section 204.370, the question of whether the District shall issue revenue bonds in one or more series payable from the revenues to be derived from the operation of the System in the amount not to exceed $89,570,000.00 for the purpose of the acquisition, construction, improvements, extension or rehabilitation of the System; and

WHEREAS, the Council of the Public Entity does hereby find and determine to give its affirmative assent to such question; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the Council of Kansas City gives its affirmative assent to the following question submitted by the District:

Shall the Little Blue Valley Sewer District issue its revenue bonds in one or more series, payable from the revenues to be derived from the operation of the System in an amount not to exceed $89,570,000.00 for the purpose of acquiring, constructing, improving, extending or rehabilitating the System?

Section 2. That the Mayor and City Manager and any other officers of the Public Entity, and other officers, agents, consultants or employees of the Public Entity are hereby authorized and directed to take such further action, and to execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance.

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Approved as to form and legality:

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Assistant City Attorney