HomeMy Public PortalAboutOrd 425 Main Sewer Imp 53rd OL to RR to Webb
Gilmore & Bell, P.C.
7/12/2005
(published in the The Ark Valley News, on July 28, 2005)
ORDINANCE NO. if2S
AN ORDINANCE OF THE CITY OF BEL AIRE, KANSAS,
AUTHORIZING AND PROVIDING FOR THE CONSTRUCTION OF
MAIN SEWER IMPROVEMENTS IN THE CITY; AND PROVIDING
FOR THE PAYMENT OF THE COSTS THEREOF.
WHEREAS, K.S.A. 12-618 provides, in part, that the governing body of any city having
a population of less than 80,000 shall have power to provide for one or more systems of
sewerage, or drainage, or both, for such city, or for any part thereof, with one or more main
sewers or drains and sewer or drains outlets, and to build, construct or purchase pumping stations,
sewers, sewer service lines and drains by districts or otherwise, as the governing body may
determine; and
WHEREAS, K.S.A. 12-619 provides, in part, that if the estimated cost of the main sewer
or drain of said system now or hereafter constructed shall be relatively large as compared with the
estimated cost of the lateral sewers or drains tributary thereto, or if the said main sewer or drain
shall be so located that it will or may receive the sewage or drainage from two or more districts,
the governing body shall have power to pass an ordinance providing that the cost of such main
sewer or drain below a certain designated point shall be borne by the city and paid in the manner
provided in K.S.A. 12-624 for the payment of the cost of main sewers and drains now or hereafter
constructed beyond the corporate limits of the city; provided, that the said ordinance shall state
the point in the line of the main sewer or drain below which the provisions of this section shall
apply, shall describe the proposed location of the said main sewer or drain from the said point to
the outlet of the same or to the city limits, and shall state the manner of payment of the cost of the
said main sewer or drain; and
WHEREAS, K.S.A. 12-624 provides, in part, that all costs and expenses occasioned by
the acquisition of a right-of-way and by the construction of sewers and drains and disposal works
beyond the corporate limits of said city shall be borne by the city as a whole and shall be paid out
of the general revenue fund or by the issuance of improvement bonds of the city as the governing
body may determine, that bonds to pay said costs may be issued in addition to the $100,000
authorized by K.S.A. 12-621 for the construction of disposal works and that such additional
bonds may be issued in addition to the limit of bonded indebtedness of such cities as defmed by
statutes; and
WHEREAS, the City of Bel Aire, Kansas (the "City") has a population of approximately
6,424; and
WHEREAS, the governing body of the City hereby fmds and determines it to be
necessary to construct main sewer improvements for the City under authority of K.S,A. 12-619;
and
WHEREAS, said governing body hereby further fmds and determines that the costs of
constructing said main sewer improvements will be relatively large as compared to the estimated
cost of possible future sewer lateral lines or drains tributary thereto, and that said main sewer
improvements may receive in the future sewage or drainage from two or more districts, and that
the costs of constructing said main sewer improvements should be chargeable to the city at large
and paid by the issuance of general obligation bonds of the City in the manner provided by
K.S.A. 12-624 for the costs of main sewer improvements and drains now or hereafter constructed
beyond the corporate limits of the City; and
WHEREAS, said governing body hereby further finds and determines it to be necessary
to authorize and provide for the construction of main sewer improvements in the City; and to
make provision for the payment of the costs thereof by the issuance of general obligation bonds
of the City.
THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY
OF BEL AIRE, KANSAS:
Section 1. Authorization of Improvements. It is hereby authorized, ordered and
directed that main sewer improvements in the City (the "Improvements") be constructed as a part
of the sewer system of the City, as provided by K.S.A. 12-618 et seq., in accordance with the
plans and specifications therefor, which have been prepared or approved by the City Engineer and
placed on file in the office of the Clerk (the "Improvements").
Section 2. Designated Points. The proposed location and costs of the Improvements
below the following designated point( s) to the outlets of the same or to the City limits, to wit:
Construction of lift stations and a combination of 12" force main and 15" gravity
sewer from the intersection of 53rd S1. N. and Oliver to 49th S1. N. and Rock Rd
and construction of a lift station, 8" force main and 8", 10", 12" and 18" gravity
sewer from the intersection of 49th S1. N. and Rock Rd to 49th S1. N. and Webb
Rd and 45th S1. N. and Webb Rd;
shall be borne by the City at large, and shall be paid in the manner provided in K.S.A. 12-624, for
the costs of main sewers and drains now or hereafter constructed beyond the corporate limits of
the City.
Section 3. Bond Authorization. The estimated costs of the Improvements, including
construction, engineering fees, acquisition of right-of-way and easements, contingencies and
administrative expenses is $1,996,000. The costs of the Improvements and associated financing
costs shall be payable from the proceeds of general obligation bonds of the City issued under
authority of K.S.A. 12-619 and K.S.A. 12-624 (the "Bonds") in an amount not to exceed
$2,050,000.
Section 4. 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 S1.150-2.
Section 5. 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 19, 2005 and APPROVED AND
SIGNED by the Mayor.
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Dr. Brian itlrrow, Mayor
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Sherryl L C er, City Clerk