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HomeMy WebLinkAboutRES.658.08-19-1991 BILL NO. 9I-183 R.ESOLUTTpN N0. �0�8 J RE80�,UTZON DE�RMINING THE INTENT OF THE CITY OF CAPE GIR.ARDEAU, MISSOURZ, TO INCUR CERTAIN �X�ENDITt7RES IN C�NNECTION WITH THE ACQUISxTION, CONSTRUCTZQN, EXTENS�ON AND IMPRO'U'E:MENT OF A WATERWORKS SYSTEM IN THE CITY AND TO R.EIMBURSE THE CITY FOR SUCH EXI�ENDITiIRES FROM PTtOCEEDS OF TAX-EXENLPT BONDS TO BE XSSUED BY THE CITY. j1TF-iER�AS, the City of Cape Girardeau, Missouzi (th� "Ci.ty" ) , is authorized under its Charter and the Constitutian �nd laws oE �Yie State o£ Missouri , to acquire by purchase and operate a wa�er���orks sys�em for �h� benefi� of inhabitants o£ the City and others ; and _ i�lI�iEREAS, the C�ty Council of the City has determzn.ed that i.t is desirable ar_d in the besL znterests of the City to acquire a waterworks system in �he City currently owned and operated by Union c�lectriG Company, which acquisition will include the entire waterworks plant and system for the pxoduction, scorage, trea�ment and distribution o£ water , incl.uding al� ap�urtenances and facilities cor.nected therewith or r�lating thereto (the "Syst�m" ) ; and WHEREAS, the City inter_ds to hold a special bond e7.ection on �cvember 5 , 1991, for the purpose af submi.tting to the quali��ed vo�ers of �he City the questi.on af whether to issue tYie waterwarks system rever.ue bands of ti�e City in the approximate principal a;r:ount of $1]., 800 , Q40 (tne "�onds" ) to pay the costs o� acquzxing, constructing, e�stendiriq and improving thE System (�h? "?rojeCt" } ; and WHEREAS, �he Ci�y Cauncii of �he City h�as deterrnined �hat funds are av�i ].abl� for a ternporary period to� pay certain cost� a£ the Proj2ct on and after th� date hereof {tne "��pendi�ures" ) and it is nec�ssary to reimburse the City for such Expenditures frorn the proceeds of such Bonds; and WHEREAS, as of th.e da�e hereo� , there are no funds of tne City or of any other enti�y that is part of the Controlled graup of entities of which tne City is a part (th� "Controlled Gzoup" ) , �hat are, oz are reasonably expected to be, a?located on a lonq-terrn basis , reserved or otherwise avail�ble pursuan� to *Yze budgets of the City or o£ any o�her entity �hat i.s part o� the Cantrolled Group to finance the project; ,`, NOW, THEREPORE, BE �T RESO�`1ED BY TH� ��2TY COUNCIT� OF THE CITY �F CAPE GZRAR�EAU, n'IISS�URX, AS FOLUO`✓�IS : . i : � $�c�ion 1 . Th.e City Caunci.l h�r�by determines and decJ.ares tl�e intent of the City to finance the certain costs of the � Project and to reimburse itself for Expenditures made on and af�er the date hereo£ with respect to the Project out o£ the proceeds of said Bonc3s , �he interest on which Bonds wi11 be exC�udible from gross inCome und�r S�Ction 103 4f the Internal Revenue Code of 1986 , as amended. ' Section 2 . The Project inciudes the expenditure of appro$imately �8 , 50Q , 000 zo acquire the Sys�em and approximately �1 , 000 , 000 to improve the water treatment plant and extend and improve distribution mains . Section 3 . A11 property �hat wil]. become part of the Project will have an econornic li�e of a� least one year, - det�rmined as of the earlier of the date of issuance of the aonds or the date on whicn the Pro�ec� is placed in service . I �ecta.on 9 . The City expects to pay certai� prelim�.nary �xnenditures made with respect to �ne Project from qenera? tax revenues , to pay the remazning costs of the Project from Bond proceeds and to pay debt service on th� �onds from revenues deri�red frorn operation o� the System. Section 5 . The adoption of this Resalution is cons�.stent with the ��dgetary art3 fznancial circumstances of the City and all Qtr1Er' entities that are pazt of �ne Controlled Group. Sec�ion 6 . The City is hereby authorized to proceed with the Project , inCludir.q the entering of contracts and purchase orders in co.2nec�i.cr. therewith, and� to advance stach funds as may be necessary to accompizsh sucn purposes and, to the extent per7ni�ted b}= law, tr,e City may reimburse itse�f for all Expendztures pazd or incurred tnerefor out of the proceeds of �he Bo�ds . S�ct�an 7 . The Ci,ty shaZi adOpt such resolutions or ordinances and authoziz� the executzor, and deliver� ot such � znstrurnents and th� taking of such aczi.on as may be necessary or ad�isab�e for tne authori.zation and issuance of said Bonds anr3 take or cause to b� taker. such other action as may be required to implement tne afor�said . S��t�.on 8 . This Resolution sha?1 be placed in tn� offiCzai records o£ the Cicy and, beginnir.g 10 day�s after the dat� hereof and enaing on the date of issuanc� of the Bonds, srall be made reasonably and continuously avazlable du��.r.g norma7. busi.ness hours for puplic inspection in the office of the City Clerk. , �' , `, �ection 9 . This Re�solutior: shal� take et£ect and be in '� full force immediately af�er its adop'tion by the City Council . -2- � Adapted by the City Council of the City o� Cape Girardeau, �Missouri , this l9th day of Auqus�, 1991. � , Mayor . {Seal) ATTEST: - � � -: e uty City Cle k � ' . ; � ; ., h 'f l' �f k -3--