Published in the Tahlequah Daily Press on June 15, 2018 THE CITY COUNCIL OF THE CITY OF TAHLEQUAH, STATE OF OKLAHOMA, MET IN SPECIAL SESSION AT THE CITY HALL COUNCIL CHAMBERS IN SAID CITY ON THE 11TH DAY OF JUNE, 2018, AT 7:30 O’CLOCK P.M. COUNCIL MEMBERS PRESENT: Bree Long, Dower Combs, Stephen Highers, and Joshua Bliss ABSENT: Jason Nichols Notice of this regular meeting of the governing body of the municipality having been given in writing to the Clerk of the municipality at least forty-eight (48) hours prior to said meeting, and public notice of this meeting having been posted in prominent view at the City Hall twenty-four (24) hours prior to this meeting, excluding Saturdays, Sundays and legal holidays, all in compliance with the Oklahoma Open Meeting Act. (OTHER PROCEEDINGS) Thereupon, the Mayor introduced the resolution set forth hereinbelow, which resolution was read in full. Council Member Joshua Bliss moved the adoption of said resolution, which motion was seconded by Council Member Bree Long, whereupon the roll was called on the question of the adoption thereof, resulting in the adoption of said resolution by the following vote: AYE: Bree Long, Dower Combs, Stephen Highers, and Joshua Bliss NAY: None The resolution was thereupon signed by the Mayor, attested by the Clerk, sealed with the seal of said municipality, and is as follows: RESOLUTION NO. 06-11-18 A RESOLUTION AUTHORIZING THE CALLING AND HOLDING OF AN ELECTION IN THE CITY OF TAHLEQUAH, STATE OF OKLAHOMA (THE “CITY”) FOR THE PURPOSE OF SUBMITTING TO THE REGISTERED QUALIFIED ELECTORS OF SAID CITY THE QUESTION OF THE INCURRING OF INDEBTEDNESS BY THE TAHLEQUAH PUBLIC WORKS AUTHORITY IN THE SUM OF NOT TO EXCEED FOURTEEN MILLION NINE HUNDRED FIFTY THOUSAND DOLLARS ($14,950,000) TO PROVIDE FUNDS FOR THE PURPOSE OF MAKING IMPROVEMENTS TO THE WATER AND WASTEWATER SYSTEMS SERVING THE CITY OF TAHLEQUAH. WHEREAS, the Tahlequah Public Works Authority (the “Authority”) desires to design and construct improvements to the (i) water system serving the City, including but not limited to the expansion and improvements to both the Tenkiller and Teehee water treatment plants (collectively, the “Water Projects”), and (ii) wastewater system serving the City, including but not limited to digester rehabilitation, a wet weather lift station, installation of a third flow equalization basin, and new headworks (collectively, the “Wastewater Projects”, and along with the Water Projects, the “Project”); and WHEREAS, it is necessary that said systems and facilities be improved for the benefit of the City of Tahlequah and its citizens; and WHEREAS, the amount necessary to finance such improvements is the sum of not to exceed Fourteen Million Nine Hundred Fifty Thousand Dollars ($14,950,000); and WHEREAS, the Authority and the Tahlequah Municipal Utility Board have each delivered their respective resolutions dated May 25, 2018, requesting an election on the question of the incurrence of indebtedness for the purpose of accomplishing the aforesaid purposes; and WHEREAS, the Authority does not have sufficient funds available for such purposes, and power is granted said authority by the laws of the State of Oklahoma and a Declaration of Trust dated December 4, 1970 (the “Declaration of Trust”), creating the Authority to incur indebtedness to provide funds for such purposes, provided the same be authorized by the registered qualified voters of the City of Tahlequah, voting at an election held for such purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAHLEQUAH, OKLAHOMA: Section 1. That the Mayor of said City be, and is hereby authorized and directed to call a special election to be held in said City on the 28th day of August, 2018, for the purpose of submitting to the registered qualified voters thereof the following proposition: PROPOSITION Shall the incurring of indebtedness by the Trustees of The Tahlequah Public Works Authority, in aggregate principal amount not exceeding $14,950,000.00, for which the City of Tahlequah and its tax-payers shall not be liable, to provide funds to pay the costs and expenses of and incidental to extending, enlarging and improving the water and wastewater systems and facilities owned by the City of Tahlequah and leased to the Trustees of said Authority under a Lease dated December 10, 1970, with the principal of, interest on, and the costs and expenses related to the servicing of all such indebtedness to be secured by any or all of the proprietary revenue-producing utility systems and facilities of said Authority and the net revenue or income thereof after payment of all costs and expenses of operation and maintenance thereof, be approved? /_______/ Yes - For the above proposition /_______/ No - Against the above proposition Section 2. That such call for said election shall be by proclamation, signed by the Mayor and attested by the City Clerk, setting forth the proposition to be voted upon, the number and location of the polling places and the hours of opening and closing of the polls. That the ballots shall set forth the proposition to be voted upon substantially as set out in Section 1 hereof, and that the returns of said election shall be made to and canvassed by the Cherokee County Election Board Section 3. A copy of this Resolution shall be personally delivered to the office of the County Election Board of Cherokee County, State of Oklahoma, at least seventy-five (75) days prior to the date of said election. [Remainder of Page Left Blank Intentionally] ADOPTED AND APPROVED THIS 11TH DAY OF JUNE, 2018. CITY OF TAHLEQUAH, OKLAHOMA /s/ Jason Nichols Mayor ATTEST: /s/ DeAnna Hammons City Clerk (SEAL) STATE OF OKLAHOMA SS COUNTY OF CHEROKEE I, the undersigned, the duly qualified and acting Clerk of the City of Tahlequah, Oklahoma, hereby certify that the foregoing is a true and complete copy of a Resolution authorizing the calling and holding of an election for the purposes therein set out adopted by the governing body of said municipality and transcript of proceedings of said governing body had at a regular meeting thereof held on the date therein set out, insofar as the same relates to the introduction, reading and adoption of said Resolution as the same appear of record in my office. I further certify that attached hereto are true and complete copies of the notice of regular meeting filed with the City Clerk at least forty-eight (48) hours prior to said meeting, and notice and agenda posted at the City Hall in said municipality at least twenty-four (24) hours prior to the meeting wherein said Resolution was adopted, excluding Saturdays, Sundays and legal holidays. WITNESS my hand and seal this 11th day of June, 2018. (SEAL) /s/ DeAnna Hammons City Clerk
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