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HomeMy WebLinkAboutMO # 1686Replaces M.O.#1675 MUNICIPAL ORDER NO. 1636 A MUNICIPAL ORDER OF THE CITY OF PADUCAH, KENTUCKY APPROVING AND AUTHORIZING AN ASSUMPTION AGREEMENT BETWEEN THE CITY OF PADUCAH, KENTUCKY AND THE KENTUCKY INFRASTRUCTURE AUTHORITY. WHEREAS, the City of Paducah, Kentucky (the "Governmental Agency") acquired the water system (the "System") of the Hendron Water District ("Hendron Water District") pursuant /"- to a merger agreement dated as of April 16, 2012 between the Hendron Water District and the City of Paducah, Kentucky; and WHEREAS, prior to the acquisition of the foregoing System by the Governmental Agency, the Hendron Water District had determined that it was in the public interest to acquire and construct certain improvements to the System; and WHEREAS, the Hendron Water District had previously made an application to the Kentucky Infrastructure Authority (the "Authority") for the purpose of providing monies to finance costs of improvements to the System; and WHEREAS, in order to obtain such monies, the Authority sold its revenue or revenue refunding bonds (the "Bonds") and used a portion of the proceeds thereof to finance a loan (the "Loan") to the Hendron Water District evidenced by an Assistance Agreement dated as of March 1, 1992 (Loan C91-12) between the Hendron Water District and the Authority; and WHEREAS, in conjunction with the acquisition of the System by the Governmental Agency, the Governmental Agency is to assume the obligations of the Hendron Water District payable from the revenues of such System, including the obligations under the Loan; and WHEREAS, in connection with the assumption of the Loan it is necessary and desirable that the Governmental Agency enter into an Assumption Agreement (the "Assumption Agreement') with the Authority to formally assume the Loan; and NOW, THEREFORE, BE IT ORDERED BY THE CITY OF PADUCAH, KENTUCKY AS FOLLOWS: SECTION 1. That the Board of Commissioners of the Governmental Agency hereby approves and authorizes the Assumption Agreement between the Governmental Agency and the Authority substantially in the form on file with the Governmental Agency for the purpose of assuming the Loan. SECTION 2. That the Mayor and Clerk of the Governmental Agency be and hereby are authorized, directed and empowered to execute the Assumption Agreement and any other necessary documents or agreements, and to otherwise act on behalf of the Governmental Agency to effect such assumption. SECTION 3. All motions, orders and parts thereof in conflict herewith, including specifically Municipal Order No. 1675 adopted on July 10, 2012, are hereby repealed to the extent of such conflict, and this Municipal Order shall be effqetive-natelyj ADOPTED on September 11, 2012. 19, Attest: .�Ama�a��. City Clerk Adopted by the Board of Commissioners, September 11, 2012 Recorded by City Clerk, September 11, 2012 \no\Agree-PWW-KIA Assumption