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HomeMy Public PortalAboutOrd 479 GO Bonds Stormwater Drainage Improvements Gilmore Bell, P.C. 04/01/2009 (Published in the Ark Valley News, on April q 2009) ORDINANCE NO. 479 AN ORDINANCE OF THE CITY OF BEL AIRE, 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(a) 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 Bel Aire, Kansas (the "City hereby finds and determines that it is necessary to construct storm sewer improvements within the corporate limits of the City described as follows: Engineering, inspection and relocation of storm sewer line along Woodlawn Avenue beginning at approximately Lot 1, Block 1, Central Park Addition and ending at Lot 9, Block 1, Central Park Addition (the "Project 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 the costs of the Project and related financing costs. THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, 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 $15,000. KMC \B ELAIRE \STORMWATERDRAINAGE 1 Section 2. Financing. The costs of the Project and associated financing costs shall be payable from the proceeds of general obligation bonds of the City issued under authority of the Act (the "Bonds"). 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. [BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK] KMC\BELAIRE \STORMWATERDRAINAGE 2 PASSED by the governing body of the City on April 7, 2009. and and APPROVED AND SIGNED by the Mayor. (SEAL) Ir'�.. 0_ 1. L Mayor V v ATTEST: Clerk [BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK] KMC \BELAIRE \STORMWATERDRAINAGE 3 CERTIFICATE I hereby certify that the foregoing is a true and correct copy of the original ordinance; that said Ordinance was passed on April 7, 2009.; that the record of the final vote on its passage is found on page of journal and that it was published in the Ark Valley News on April 9, 2009 DATED: April 8, 2009. Clerk [BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK] KMC\BELAIRE \STORM WATERDRAINAGE 4 Gilmore Bell, P.C. 04/01/2009 EXCERPT OF MINUTES OF A MEETING OF THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS HELD ON APRIL 7, 2009 The governing body met in regular session at the usual meeting place in the City at 7:00 p.m., the following members being present and participating, to -wit: Absent: Dave Sly The Mayor declared that a quorum was present and called the meeting to order. (Other Proceedings) Thereupon, there was presented an Ordinance entitled: AN ORDINANCE OF THE CITY OF BEL AIRE, 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. Thereupon, Counciimember Gary Breault that said Ordinance be passed. The motion was seconded by Councilnember Peggy O'Donnell Said Ordinance was duly read and considered, and upon being put, the motion for the passage of said Ordinance was carried by the vote of the governing body, the vote being as follows: Yea: Gary Breault, Peggy O'Donnell, Carolyn Marlier, Teresa Reynolds. Nay: None Thereupon, the Mayor declared said Ordinance duly passed and the Ordinance was then duly numbered Ordinance No. 479, was signed and approved by the Mayor and attested by the Clerk and was directed to be published one time in the official newspaper of the City. (Other Proceedings) [BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK] KMC \BELAIRE \STORM WATERDRAINAGE 1 On motion duly made, seconded and carried, the meeting thereupon adjourned. CERTIFICATE I hereby certify that the foregoing Excerpt of Minutes is a true and correct excerpt of the proceedings of the governing body of the City of Bel Aire, Kansas, held on the date stated therein, and that the official minutes of such proceedings are on file in my office. (SEAL)>% Clerk '7 KMC\BELAI RE \STORM WATERDR.AINAG E 2