HomeMy Public PortalAboutOrd 192 Sewer Main Const
GILMORE & BELL
09/19/91
(Published In THE ARK VALLEY NEWS, on , October ~ 1991.)
ORDINANCE NO. /~~
AN ORDINANCE OF THE CITY OF BEL AIRE,
KANSAS, AUTHORIZING AND PROVIDING FOR THE
CONSTRUCTION OF A MAIN SEWER IN THE CITY;
AND PROVIDING FOR THE PAYMENT OF THE COSTS
THEREOF.
WHEREAS, K. S. A. 12-618 provides, in pa rt, that the
governing body of any ci ty 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 ci ty 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 limi ts 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, as amended and supplemented,
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 ci ty as the governing
body may determine, and 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 defined by statutes; and
WHEREAS, the City of Bel Aire, Kansas (the "City") has a
population of approximately 3,700; and is located in the
County of Sedgwick, Kansas, which County has a population of
approximately 403,000; and
WHEREAS, the governing body of the Ci ty hereby finds and
determines it to be necessary to construct a main sewer for
the City under authority of K.S.A. 12-619; and
WHEREAS, said governing body hereby further finds and
determines that the costs of constructing said main sewer 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 may receive in the future
sewage or drainage from two or more districts, and that the
costs of constructing said main sewer 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 sewers 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 the main sewer 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. It is hereby authorized, ordered and
directed that a main sewer shall be constructed on Oliver St.
between 37th St North and 45th St. North (to be known as the
Oliver Sewer Main Phase II)~ as a part of the sewer system of
the City as provided byK.S.A. 12-618 et seq., in accordance
with the plans and specifications to be approved by the City
Engineer and placed on file in the office of the City Clerk.
SECTION 2. The estimated costs of said main sewer are
in the amount of $:2 SO 000 which sha 11 be borne by the
City at large, and shall be paid in the manner provided in
K.S.A. 12-624, as amended and supplemented, for the costs of
main sewers and drains now or hereafter constructed beyond the
corporate limits of the City.
SECTION 3. The costs of constructing said
shall be paid, in part, from the proceeds
obligation bonds of the City, which shall be
issued in an amount not to exceed $100,000,
main sewer
of general
hereinafter
under the
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authority of K.S.A. 12-619 and K.S.A. 12-624, as amended and
supplemented, with the balance of said costs to be paid from
available funds of the City.
SECTION 4. This Ordinance shall be in force and take
effect f rom and after its passage, approva land publ icat ion
once in the official city newspaper.
iF" ''', ....,.
,(~~~~~;~~D APPROVED by the Governing Body of the Ci ty of
~}'~'A~~e?~a,~~as, on October 1, 1991.
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