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HomeMy Public PortalAboutOrd 484 GO Bonds Sewage Disposal Improvements GILMORE BELL, P.C. 10/13/2009 (PUBLISHED IN THE ARK VALLEYNEWS ON OCTOBER 22, 2009) ORDINANCE NO. 484 AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE CONSTRUCTION OF A SEWAGE DISPOSAL IMPROVEMENTS TO SERVE THE CITY OF BEL AIRE, KANSAS; PROVIDING FOR THE PAYMENT OF THE COSTS THEREOF BY THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY; AND AUTHORIZING THE EXECUTION OF A TEMPORARY FINANCING AGREEMENT RELATED THERETO. WHEREAS, K.S.A. 12 -621, as altered by the substitute and additional provisions of Charter Ordinance No. 13 of the City of Bel Aire, Kansas (the "City (enacted pursuant to the provisions of Section 5(c) of Article 12 of the Constitution of the State of Kansas), and K.S.A. 12 -101 et seq. (jointly the "Act authorize the governing body of the City to operate and maintain disposal works for the purification of the sewage of the City, or of any part thereof, including joint operation and maintenance of such facilities through interlocal cooperation with another city or cities, and authorizes the costs and expenses of building the same, in whole or in part, to be borne by the City as a whole, and paid out of the general revenue fund, or if the governing body determines, general obligation bonds of the City may be issued for such purpose; and WHEREAS, the City is a member of the Chisholm Creek Utility Authority (the "CCUA and, through its membership in the CCUA, jointly operates and maintains certain sewage disposal works, of which the Project described below will become a part, and the governing body of the City hereby deems the Project necessary and advisable to disposal and purification of the sewage of the City; and WHEREAS, the CCUA is proceeding to construct (a) repairs and improvements at the CCUA wastewater treatment plant, which plant serves the City by disposal and purification of City sewage, (b) certain lift station improvements to serve the City and (c) all appurtenances thereto (the "Project and WHEREAS, it is intended and expected that the CCUA will in the future finance the costs of the Project, but until such time as the CCUA is in a position to issue its revenue bonds to finance the Project, the members of the Authority, including the City, have deemed it advisable and intend to separately authorize and finance certain portions of Project; and WHEREAS, pursuant to such intention, the City desires to enter into a Temporary Financing Agreement the "Financing Agreement with the City of Park City, Kansas and CCUA, whereby the City agrees to issue temporary notes, the proceeds of which will be utilized to pay the City's allocable costs associated with the Project; and WHEREAS, the governing body of the City is authorized under the Act and other statutes of the State of Kansas to issue general obligation bonds of the City to pay the City's allocable costs of the Project; and WHEREAS, the City's allocable portion of the Project costs is estimated to be $1,630,000, and the governing body of the City hereby finds it necessary and advisable to authorize general obligation bonds of the City to pay such costs, all pursuant to the Act. KMC \601000.016 \PA WASTEWATER (101309) 1 NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: SECTION 1. Project Authorization. It is hereby authorized, ordered and directed that the Project be constructed in accordance with the plans and specifications therefor, which plans and specifications are on file in the office of the City Clerk. SECTION 2. Financing Authorization. A portion of the costs of the Project shall be chargeable to the City at large, and those costs are authorized under the Act to be paid by the issuance of general obligation bonds of the City (the "Bonds in an amount of not to exceed $1,630,000, and which may be combined with any other general obligation bonds to be issued by the City for other projects as may be determined by the governing body to be in the best interests of the City. SECTION 3. Reimbursement. The Bonds authorized pursuant to this Ordinance are authorized to reimburse expenditures made on or after the date which is 60 days before the date of this Ordinance, pursuant to Treasury Regulation 1.150 -2. SECTION 4. Temporary Financing Agreement. The Mayor and Clerk are hereby authorized to execute the Temporary Financing Agreement on behalf of the City, in substantially the form presented to the governing body this date. SECTION 5. Effective Date. This Ordinance shall take effect and be in full force from and after its passage by the governing body of the City, approval by the Mayor and publication in the official City newspaper. PASSED by the governing body of the City of Bel Aire, Kansas on October 20, 2009 and APPROVED and SIGNED by the Mayor. Mayor (SEAL) ATTEST: Clerk t KMC \601000.016\PA WASTEWATER (101309) 2 GILMORE BELL, P.C. 10/13/2009 EXCERPT OF MINUTES OF A MEETING OF THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS HELD ON OCTOBER 20, 2009 The Governing Body of the City met in regular session at the usual meeting place in the City, at 7:00 PM, the following members being present and participating, to -wit: Absent: Carolyn Marlier The Mayor declared that a quorum was present and called the meeting to order. (Other Proceedings) Thereupon, there was presented a Ordinance entitled: AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE CONSTRUCTION OF A SEWAGE DISPOSAL IMPROVEMENTS TO SERVE THE CITY OF BEL AIRE, KANSAS; PROVIDING FOR THE PAYMENT OF THE COSTS THEREOF BY THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY; AND AUTHORIZING THE EXECUTION OF A TEMPORARY FINANCING AGREEMENT RELATED THERETO. The Ordinance was considered and discussed; and thereupon on motion of Council Member Gary Breault, seconded by Council Member Dave Sly, the Ordinance was adopted by the following roll call vote: Yes: Gary Breault, Peggy O'Donnell, David Austin, Dave Sly. No: None. KMC \601000.016\ WASTEWATER (101309) 1 Thereupon, the Ordinance having been passed by majority vote of the City Council, it was given No. 484; was directed to be signed by the Mayor and attested by the City Clerk. (Seal) 7 City Clerk/ f KMC \601000. WASTEWATER (101309) 2