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HomeMy Public PortalAboutOrd 338 CCUA Membership GILMORE & BELL, P.c. 03/01/2001 (PUBLISHED ONCE IN THE ARK VALLEY NEWS ON \fD.\C'~ 8 ,2001) ORDINANCE NO. ,'3 3 g:' AN ORDINANCE CONSENTING TO THE MEMBERSIllP OF THE CITY IN THE CmSHOLM CREEK UTILITY AUTHORITY; AND APPROVING AND AUTHORIZING THE FORM OF AND EXECUTION OF AN AGREEMENT CREATING THE CmSHOLM CREEK UTILITY AUTHORITY. WHEREAS, K.S.A. 12-2901 et seq. (the "Act") provides that in order for public agencies to make the most efficient use of their powers, such public agencies may cooperate with other public agencies on a basis of mutual advantage to provide services in a manner that will best accord with economic and other factors influencing the needs and development of such public agencies; and WHEREAS, pursuant to the Act, two or more public agencies may enter into an agreement to create a separate legal entity for the purpose of planning, studying and developing utility and public service facilities and programs for such public agencies or for the use by utility systems of other public agencies or to perform any other activities, services or functions permitted by a public agency; and WHEREAS, the City of Bel Aire, Kansas (the "City") is qualified for membership in such a separate legal entity as a public agency under the Act; and WHEREAS, representatives of certain public agencies, including the City, have heretofore held discussions relating to the mutual benefits of forming a separate legal entity for the purpose of exercising joint and cooperative action relating to the development and operation of utility and public service facilities to serve such public agencies; and WHEREAS, based on such discussions and other factors, including preliminary feasibility reports, it is deemed advisable and economically beneficial to the City to become a member of a separate legal entity formed under the Act to be known as the "Chishelm Creek Utility Authority." NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: SECTION 1. It is hereby deemed advisable that the City enter into an agreement to create the Chisholm Creek Utility Authority (the "Authority"). SECTION 2. In order to effectuate the creation of the Authority, the Mayor and City Clerk are hereby authorized to execute the INTERLOCAL COOPERATION AGREEMENT CREATING THE CHISHOLM CREEK UTILITY AUTHORITY substantially in the form presented to the governing body this date. SECTION 3. This Ordinance shall be in force and take effect from and after its adoption and publication once in the official newspaper of the City. KM C\40263 7\ordinance PASSED by the governing body of the City of Bel Aire, Kansas, on March 6, 2001 and APPROVED and~~ lD'}he Mayor. ., ,......;:::~i", ,) /<t!~~ c'~.r<"""i'.S ",....; "rl"~\,V', 't~J~"h\~,~> ..., I ,"", l./l .....1 , .' > 4Senf)T.R''',f'rfLE,\, ~ '''\ Clf}\'/r lon .-( , ,_H ....,::.. -,' C IT r IF . 'N ',~ . -' " ~ ~ ~', J r II. I:::.. I ,.AmESi'.) ,/: Lf / ~ ,t' I J ' . S ' 'If," /" If. ,,~ ,Ai.)' (/ ~. '.{ .. ", ' ,-""" '.. ;JlJci~')~' / t:~ztM City erk APPROVED AS TO FORM ONLY: City Attorney KMC\402637\ordinance 2