City of Ellsworth Ordinance Authorizing Construction of Stormwater Drainage Improvements and Issuing GOB

(First Published in the Ellsworth County Independent/
Reporter, August 2, 2018)

ORDINANCE NO. 3087

AN ORDINANCE OF THE CITY OF ELLSWORTH, KANSAS, AUTHORIZING AND PROVIDING FOR THE CONSTRUCTION OF STORMWATER DRAINAGE IMPROVEMENTS IN THE CITY; AND AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY TO PAY THE COSTS THEREOF.

WHEREAS, K.S.A. 12-631r et seq. (the “Act”) provides, in part, that whenever the governing body of any city determines it is necessary to construct storm sewers, channels, retention basins or drains for the purpose of managing the storm drainage areas of all or any portion of such city and in the unincorporated areas outside of but within three miles of the corporate limits of such city, the governing body may authorize the construction of such storm sewers, channels, retention basins or drains, such construction shall be authorized by ordinance; such ordinance shall designate where such storm sewers, channels, retention basins or drains shall be located; and construction of such improvements located outside the corporate limits of a city shall not commence unless such construction is approved by a resolution adopted by the board of county commissioners of the county in which such improvements are to be located; and
WHEREAS, the governing body of the City of Ellsworth, Kansas (the “City”) hereby finds and determines that it is necessary to construct storm water retention improvements within the corporate limits of the City described as follows (collectively the “Project”):
    Construct a storm water retention system near
    the intersection of Kansas Highways K-14
    and K-140; and
WHEREAS, the governing body of the City hereby further finds and determines that general obligation bonds of the City should be issued under the authority of the Act to pay a portion of the costs of the Project and related financing costs.
THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ELLSWORTH, KANSAS:
Section 1. Findings. It is hereby found and determined that the Project be constructed in accordance with the plans and specifications therefor which are to be prepared by or approved by the City Engineer, and which will be placed on file for public inspection.  The estimated construction and engineering costs of the Project are $665,000.
Section 2. Financing.  A portion of the costs of the Improvements, interest on interim financing and associated financing costs shall be payable from the proceeds of general obligation bonds of the City authorized under authority of the Act in the amount of $160,000 (the “Bonds”), with the balance of said estimated costs to be paid from available City funds and Kansas Department of Transportation funds.
Section 3. Reimbursement. Any Bonds issued under the authority of this Ordinance may be used to reimburse expenditures made on or after the date that is 60 days before the date of passage of this Ordinance pursuant to U.S. Treasury Regulation §1.150-2.
Section 4. Effective Date. This Ordinance shall be in force and take effect from and after its passage, approval and publication once in the official City newspaper.
PASSED by the governing body of the City on July 23, 2018 and APPROVED AND SIGNED by the Mayor.

Alan Stefek, Mayor

(SEAL)    

ATTEST:

Patti Booher, Clerk

1t 8/2

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