Ordinance #2988

ORDINANCE NUMBER 2988

 

 

AN ORDINANCE ATTESTING TO AN INCREASE IN TAX REVENUES FOR BUDGET YEAR 2008 FOR THE CITY OF ELLSWORTH

 

 

WHEREAS, the City of Ellsworth must continue to provide services to protect the health, safety, and welfare of the citizens of this community; and

 

WHEREAS, the cost of providing essential services to the citizens of this city continues to increase.

 

NOW THEREFORE, be it ordained by the Governing Body of the City of Ellsworth:

 

Section One.  In accordance with state law, the City of Ellsworth has scheduled a public hearing and has prepared the proposed budget necessary to fund city services from January 1, 2008 until December 31, 2008.

 

Section Two.  After careful public deliberations, the governing body has determined that in order to maintain the public services that are essential for the citizens of this city, it will be necessary to budget property tax revenues in an amount exceeding the levy in the 2007 budget.

 

Section Three.  This ordinance shall take effect after publication once in the official city newspaper.

 

Passed and approved by the Governing Body on this 13th day of August, 2007.

 

 

 

_______________________

Mayor

ATTEST:_________________

City Clerk

 

Ordinance #2987

(Published in The Ellsworth County Independent Reporter, July 26, 2007)

 

ORDINANCE NO. 2987

 

AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $1,250,000 PRINCIPAL AMOUNT OF TRANSPORTATION DEVELOPMENT DISTRICT SALES TAX REVENUE BONDS (KUNKLE, DEES AND O'DONNELL TDD PROJECT), OF THE CITY OF ELLSWORTH, KANSAS, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF CERTAIN TRANSPORTATION PROJECTS IN THE CITY; AUTHORIZING EXECUTION OF A BOND TRUST INDENTURE BY AND BETWEEN THE CITY AND CITIZENS STATE BANK AND TRUST COMPANY, ELLSWORTH, KANSAS, AS TRUSTEE; ; AUTHORIZING THE EXECUTION OF THE BOND PURCHASE AGREEMENT FOR THE BONDS BY AND BETWEEN THE CITY AND PIPER JAFFRAY & CO., LEAWOOD, KANSAS, AS PURCHASER OF THE BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS TO PROVIDE FOR THE PAYMENT AND SECURITY OF THE BONDS AND AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH.

 

            THE GOVERNING BODY OF THE CITY OF ELLSWORTH, KANSAS HAS FOUND AND DETERMINED:

 

            A          The City of Ellsworth, Kansas (the "Issuer") is a city of the third class, duly created, organized and existing under the Constitution and laws of the State; and

 

            B.         The Issuer, under the provisions of the K.S.A. 12-17,140 et seq. (the "Act"), has by Ordinance No. 2954, as amended and supplemented by Ordinance No. 2982 (jointly, the "Creation Ordinance"), created a transportation development district ("Transportation District") within the Issuer; and

 

            C.         The Issuer is authorized under the provisions of the Act to construct in the Transportation District the transportation projects described in the Creation Ordinance (the "Transportation Project"); and

 

            D.        The Issuer is authorized under the provisions of the Act and the Creation Ordinance to impose a transportation district sales tax in an amount of 1% on the selling of tangible personal property at retail or rendering or furnishing services within the Transportation District (the "TDD Sales Tax") and to issue transportation district sales tax revenue bonds of the City in a principal amount not exceeding $1,250,000 to pay the costs of the Transportation Project, including associated reserves and financing costs; and

 

            E.         The Issuer's governing body finds that it is necessary and advisable to issue its Transportation Development District Sales Tax Revenue Bonds (Kunkle, Dees and O'Donnell TDD Project), Series 2007, in a principal amount not exceeding $1,250,000 (the "Revenue Bonds") to pay the costs of the Transportation Project, including associated reserves and financing costs; and

 

            F.         The Issuer's governing body finds that it is necessary and advisable in connection with the issuance of the Revenue Bonds to execute and deliver the following documents (collectively, the "Bond Documents"):

 

(i)  a Bond Trust Indenture dated as of August 15, 2007 (the "Indenture"), with Citizens State Bank and Trust Company, Ellsworth, Kansas, as Trustee (the "Trustee"), prescribing the terms and conditions of issuing and securing the Revenue Bonds;

 

 (ii)  a Bond Purchase Agreement (the "Bond Purchase Agreement") providing for the sale of the Revenue Bonds by the Issuer to Piper Jaffray & Co., Leawood, Kansas;

 

(iii)  a Tax Compliance Agreement (the "Tax Compliance Agreement") to be entered into between the Issuer and the Trustee; and

 

(iv)  a Continuing Disclosure Agreement (the "Continuing Disclosure Agreement") to be entered into between the Issuer and the Trustee.

 

            NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ELLSWORTH, KANSAS:

 

            Section 1.  Definition of Terms.  All terms and phrases not otherwise defined in this ordinance will have the meanings set forth in the Indenture.

 

            Section 2.  Authorization of the Revenue Bonds.  There shall be issued and are hereby authorized and directed to be issued the Transportation Development District Sales Tax Revenue Bonds (Kunkle, Dees and O'Donnell TDD Project), Series 2007, in a principal amount not exceeding $1,250,000, for the purpose of providing funds to pay a portion of the costs of the Transportation Project.  The issuance of the Revenue Bonds, the execution of the Bond Documents and the authority provided by this Ordinance is subject to the following parameters and conditions precedent:  (a) the principal amount of the Revenue Bonds may not exceed $1,250,000; (b) the true interest cost of the Revenue Bonds does not exceed 5.50%; (c) the structure of Revenue Bond principal and interest payments shall be as set forth in the Indenture form presented herewith (gradually ascending annual debt service), with changes only associated with an increase or decrease in total principal amount of the Revenue Bonds and in anticipated interest rates; (d) the final maturity date of the Revenue Bonds shall be August 1, 2029; (e) the maximum underwriting discount for the Revenue Bonds shall be 1.75% of the total principal amount of the Revenue Bonds; (f) the first optional redemption date for the Revenue Bonds shall not be later August 1, 2020; and (g) the amount of Revenue Bond proceeds available for deposit in the Project Fund to pay Transportation Project costs shall be at least $1,000,000.

 

            Section 3.  Security for the Revenue Bonds.  The Revenue Bonds shall be special obligations of the Issuer payable solely from the TDD Sales Tax Revenues as described in the Indenture, and the Issuer hereby pledges said TDD Sales Tax Revenues to the payment of the principal of and interest on the Revenue Bonds. The Revenue Bonds are secured by a pledge and assignment of the Trust Estate to the Trustee in favor of the Bondowners, as provided in the Indenture.  The Revenue Bonds shall not be or constitute a general obligation of the Issuer, nor shall they constitute an indebtedness of the Issuer within the meaning of any constitutional, statutory or charter provision, limitation or restriction, and the taxing power of the Issuer is not pledged to the payment of the Revenue Bonds, either as to principal or interest.

 

            The covenants and agreements of the Issuer contained herein and in the Revenue Bonds shall be for the equal benefit, protection and security of the legal owners of any or all of the Revenue Bonds, all of which Revenue Bonds shall be of equal rank and without preference or priority of one Bond over any other Bond in the application of the funds herein pledged to the payment of the principal of and the interest on the Revenue Bonds, or otherwise, except as to rate of interest, date of maturity and right of prior redemption as provided in the Indenture.  The Revenue Bonds shall stand on a parity and be equally and ratably secured with respect to the payment of principal and interest from the TDD Sales Tax Revenues with any Additional Bonds.  The Revenue Bonds shall not have any priority with respect to the payment of principal or interest from said TDD Sales Tax Revenues or otherwise over the Additional Bonds; and the Additional Bonds shall not have any priority with respect to the payment of principal or interest from said TDD Sales Tax Revenues or otherwise over the Revenue Bonds.

 

            Section 4.  Terms, Details and Conditions of the Revenue Bonds.  The Revenue Bonds shall be dated and bear interest, shall mature and be payable at such times, shall be in such forms, shall be subject to redemption and payment prior to the maturity thereof, and shall be issued and delivered in the manner prescribed and subject to the provisions, covenants and agreements set forth in the Indenture.

 

            Section 5.  Authorization of Indenture.  The Issuer is authorized to enter into the Indenture with the Trustee in the form approved in this Ordinance.  The Issuer will pledge the Trust Estate described in the Indenture to the Trustee for the benefit of the owners of the Revenue Bonds on the terms and conditions in the Indenture. 

 

            Section 6.  Covenant Not to Cancel TDD Sales Tax.  So long as the Bonds remain Outstanding, the Issuer will take no action, and will contest any action or attempted action, to cancel the TDD Sales Tax.

 

            Section 7.  Execution of Bonds and Bond Documents.  The Mayor of the Issuer is authorized and directed to execute the Revenue Bonds and deliver them to the Trustee for authentication on behalf of the Issuer in the manner provided by the Act and in the Indenture.  The Mayor or member of the Issuer's governing body authorized by law to exercise the powers and duties of the Mayor in the Mayor's absence is further authorized and directed to execute and deliver the Bond Documents, including the Bond Purchase Agreement, in substantially the form presented with this Ordinance, on behalf of the, with such corrections or amendments as the Mayor or other person lawfully acting in the absence of the Mayor may approve, which approval shall be evidenced by his or her signature.  The authorized signatory may all sign and deliver other documents, or certificates as may be necessary or desirable to carry out the purposes and intent of this ordinance and the Bond Documents.  The City Clerk of the Issuer is hereby authorized and directed to attest the execution of the Revenue Bonds, the Bond Documents and such other documents, certificates and instruments as may be necessary or desirable to carry out the intent of this ordinance under the Issuer's corporate seal.

 

            Section 8.  Preliminary and Final Official Statement.   The Preliminary Official Statement dated July 23, 2007 relating to the Revenue Bonds, is hereby ratified and approved. 

 

            The final Official Statement is hereby authorized to be prepared by supplementing, amending and completing the Preliminary Official Statement, with such changes and additions thereto as are necessary to conform to and describe the transaction.  The Mayor is hereby authorized to execute the final Official Statement as so supplemented, amended and completed, and the use and public distribution of the final Official Statement by the Purchaser in connection with the reoffering of the Bonds is hereby authorized.  The proper officials of the Issuer are hereby authorized to execute and deliver a certificate pertaining to such Official Statement as prescribed therein, dated as of the date of payment for and delivery of the Bonds.

 

            The Issuer agrees to provide to the Purchaser within seven business days of the date of the sale of Bonds sufficient copies of the final Official Statement to enable the Purchaser to comply with the requirements of Rule 15c2‑12(b)(4) of the Securities and Exchange Commission and with the requirements of Rule G‑32 of the Municipal Securities Rulemaking Board.

 

            Section 9.   Further Authority.  The Mayor, Clerk, and other Issuer officials are hereby further authorized and directed to execute any and all documents and take such actions as they may deem necessary or advisable in order to carry out and perform the purposes of this Ordinance to make alterations, changes or additions in the foregoing agreements, statements, instruments and other documents herein approved, authorized and confirmed which they may approve and the execution or taking of such action shall be conclusive evidence of such necessity or advisability. 

 

            Section 10.   Governing Law.  This Ordinance and the Revenue Bonds shall be governed exclusively by and construed in accordance with the applicable laws of the State. 

 

            Section 11.   Effective Date.  This Ordinance shall take effect and be in full force from and after its passage by the governing body of the Issuer and publication in the official Issuer newspaper.

 

 

 

            PASSED by the governing body of the City on July 23, 2007 and APPROVED and SIGNED by the Mayor.

 

 

 

(SEAL)                                                                                                                                    

                                                                                                            Mayor

 

ATTEST:

 

 

 

                                                                       

            City Clerk

 

Ordinance #2986

(Published in Ellsworth County Reporter on July 26, 2007)

 

                                                ORDINANCE NO. 2986

 

AN ORDINANCE AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO THE LOAN AGREEMENT BETWEEN THE CITY OF ELLSWORTH, KANSAS AND THE STATE OF KANSAS, ACTING BY AND THROUGH THE KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT FOR THE PURPOSE OF OBTAINING A LOAN FROM THE KANSAS WATER POLLUTION CONTROL REVOLVING FUND FOR THE PURPOSE OF FINANCING A WASTEWATER TREATMENT PROJECT; ESTABLISHING A DEDICATED SOURCE OF REVENUE FOR REPAYMENT OF SUCH LOAN; AUTHORIZING AND APPROVING CERTAIN DOCUMENTS IN CONNECTION THEREWITH; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE FIRST AMENDMENT TO THE LOAN AGREEMENT.

 

 

WHEREAS, the Federal Water Quality Act of 1987 (the "Federal Act") established revolving fund program for public wastewater treatment systems to assist in financing the costs of infrastructure needed to achieve or maintain compliance with the Federal Act and to protect the public health and authorized the Environmental Protection Agency (the "EPA") to administer a revolving loan program operated by the individual states; and

 

WHEREAS, to fund the state revolving fund program, the EPA will make annual capitalization grants to the states, on the condition that each state provide a state match for such state's revolving fund; and

 

WHEREAS, by passage of the Kansas Water Pollution Control Revolving Fund Act, K.S.A.  65‑3321 through 65‑3329, inclusive (the "Loan Act"), the State of Kansas (the State) has established the Kansas Water Pollution Control Revolving Fund (the "Revolving Fund") for purposes of the Federal Act; and

 

WHEREAS, under the Loan Act, the Secretary of the Kansas Department of Health and Environment ("KDHE") is given the responsibility for administration and management of the Revolving Fund; and

 

WHEREAS, the Kansas Development Finance Authority (the "Authority") and KDHE have entered into a Pledge Agreement (the "Pledge Agreement") pursuant to which KDHE agrees to enter into Loan Agreements with Municipalities for public wastewater treatment projects (the "Projects") and to pledge the Loan Repayments (as defined in the Pledge Agreement) received pursuant to such Loan Agreements to the Authority; and

 

 

WHEREAS, the Authority is authorized under K.S.A. 74‑8905(a) and the Loan Act to issue revenue bonds (the "Bonds") for the purpose of providing funds to implement the State's requirements under the Federal Act and to loan the same, together with available funds from the EPA capitalization grants, to Municipalities within the State for the payment of Project Costs (as said terms are defined in the Loan Act); and

 

WHEREAS, the City of Ellsworth, Kansas (the "Municipality") is a municipality as said term is defined in the Loan Act which operates a wastewater collection, pumping, and treatment system (the "System"); and

 

WHEREAS, the System is a public Wastewater Treatment Works, as said term is defined in the Loan Act; and

 

WHEREAS, the Municipality has, pursuant to the Loan Act, submitted an Application to KDHE to obtain an amendment to the loan from the Revolving Fund to finance the costs of improvements to its System consisting of the following:

 

The project consists of upgrading the existing wastewater stabilization lagoon system and replacement of the main sanitary sewage pumping station.  Proposed improvements to the lagoon system include the installation of a wastewater flow meter and headworks with fine screen, additional aeration blower, backup power generator, clarifiers, sludge recycle and transfer piping, internal one acre polishing cell in existing third lagoon cell, effluent discharge structure with multiple draw offs, and effluent cascade aeration structure.  Improvements to the lagoon system will also include upgrades and enhancement of the existing Biolac aeration system.  Replacement of the main pumping station includes the installation of two self-priming non-clog centrifugal pumps with variable frequency drives, overhead rail lifting system, pump building, backup power generator and demolition of the existing pumping station (the "Project"); and

 

WHEREAS, the Municipality has taken all steps necessary and has complied with the provisions of the Loan Act and the provisions of K.A.R. 28‑16‑110 to 28‑16‑138 (the "Regulations") applicable thereto necessary to qualify for an amendment to the loan; and

 

WHEREAS, KDHE has informed the Municipality that it has been approved for a loan in amount of not to exceed One Million Five Hundred Thousand Dollars [$1,500,000] (the "Loan") in order to finance the Project; and

 

WHEREAS, the governing body of the Municipality hereby finds and determines that it is necessary and desirable to accept the First Amendment to the Loan and to enter into a First Amendment to the loan agreement and certain other documents relating thereto, and to take certain actions required in order to implement the First Amendment to the Loan Agreement.

 

THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ELLSWORTH, KANSAS:

 

Section 1.  Authorization of the First Amendment to the Loan Agreement.  The Municipality is hereby authorized to accept the Loan and to enter into a certain First Amendment to the Loan Agreement, with an effective date of June 25, 2007, with the State of Kansas acting by and through the Kansas Department of Health and Environment (the First Amendment to the "Loan Agreement") to finance the Project Costs (as defined in the First Amendment to the Loan Agreement).  The Mayor and Clerk are hereby authorized to execute the First Amendment to the Loan Agreement in substantially the form presented to the governing body this date, with such changes or modifications thereto as may be approved by the Mayor and the City Attorney, the Mayor's execution of the First Amendment to the Loan Agreement being conclusive evidence of such approval.

 

Section 2.  Establishment of Dedicated Source of Revenue for Repayment of Loan. Pursuant to the Loan Act, the Municipality hereby establishes a dedicated source of revenue for repayment of the Loan.  In accordance therewith, the Municipality shall impose and collect such rates, fees and charges for the use and services furnished by or through the System, including all improvements and additions thereto hereafter constructed or acquired by the Municipality as will provide System Revenues or levy ad valorem taxes without limitation as to rate or amount upon all the taxable tangible property, real or personal, within the territorial limits of the Municipality to produce amounts which are sufficient to (a) pay the cost of the operation and maintenance of the System, (b) pay the principal of and interest on the Loan as and when the same become due, and (c) pay all other amounts due at any time under the Loan Agreement; provided, however, no lien or other security interest is granted by the Municipality to KDHE on the System Revenues under this Agreement.  In the event that the System Revenues are insufficient to meet the obligations under the Loan and the Loan Agreement, the Municipality shall levy ad valorem taxes without limitation as to rate or amount upon all the taxable tangible property, real or personal, within the territorial limits of the Municipality to produce the amounts necessary for the prompt payment of the obligations under the Loan and Loan Agreement. 

 

In accordance with the Loan Act, the obligations under the Loan and the First Amendment to the Loan Agreement shall not be included within any limitation on the bonded indebtedness of the Municipality.

 

Section 3.  Further Authority.  The Mayor, Clerk and other City officials are hereby further authorized and directed to execute any and all documents and take such actions as they may deem necessary or advisable in order to carry out and perform the purposes of the Ordinance, and to make alterations, changes or additions in the foregoing agreements, statements, instruments and other documents herein approved, authorized and confirmed which they may approve, and the execution or taking of such action shall be conclusive evidence of such necessity or advisability. 

 

 

 

 

 

Section 4.  Governing Law.  The Ordinance and the First Amendment to the Loan Agreement shall be governed exclusively by and construed in accordance with the applicable laws of the State of Kansas. 

 

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 and publication in the official City newspaper.

 

PASSED by the governing body of the City on July 23, 2007 and signed by the Mayor.

 

 

 

 

(SEAL)                                       ____________________________________________

                                                                                         Mayor                                      

 

 

ATTEST:

 

 

 

 ______________________________________

Clerk

 

 

Ordinance #2985

ORDINANCE NO. 2985

 

BEING AN ORDINANCE AMENDING ORDINANCE NO. 2495 SAID ORDINANCE NO. 2495 BEING AN ORDINANCE ESTABLISHING ZONING REGULATIONS FOR THE CITY OF ELLSWORTH, KANSAS.

 

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ELLSWORTH, KANSAS:

 

That Article 1-106 of Ordinance No. 2495 being an Ordinance establishing zoning regulations for the City of Ellsworth, Kansas, be amended so as to change the zoning of the following described tract of land to Zoning requirements C-1.  Said zoning change shall be reflected on the map entitled “Zoning Map of the City of Ellsworth”.  Said tract having its zoning requirements changed to zoning requirements C-1 is more specifically described as follows:

 

Lots Twenty-five (25) and Twenty-six (26), in Block Forty-nine (49), in the original City of Ellsworth,

 

This amendment to zoning Ordinance No. 2495 shall take effect and be in force from and after its passage, approval and publication in the official City newspaper.

 

Passed by the Governing Body of the City of Ellsworth, Kansas this 30^th Day of May, 2007.

 

                                                                                                      _______________________

                                                                                                      Robert S. Homolka, Mayor

 

ATTEST:

 

     

      _______________________

      Patti L. Booher, City Clerk

 

Ordinance #2984

ORDINANCE NO. 2984

 

BEING AN ORDINANCE AMENDING ORDINANCE NO. 2882 THE CITY OF ELLSWORTH, KANSAS.

 

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ELLSWORTH, KANSAS:

 

Section 1. That Ordinance # 2882 shall be amended as follows:

 

The minimum user charge per month shall be as stated in the attached Exhibit “A”.  In addition each contributor shall pay a commodity charge rate for operation and maintenance as stated in attached Exhibit “A” as determined in the preceding section.

 

Section 2.  All ordinances and parts of ordinances conflicting with the provisions of this ordinance are hereby expressly repealed.

 

This ordinance shall take effect and be in force from and after its publication once in the official City newspaper and the rates herein shall be first applied to the meter readings taken during the month of July, 2007.

 

Passed and approved by the Governing Body of the City of Ellsworth, Kansas, in this time, form and manner required by law, this 30^th day of May, 2007.

 

 

 

                                                                                                                                                                                                                                                _______________________

                                                                                                      Robert S. Homolka, Mayor

 

ATTEST:

 

     

      _______________________

      Patti L. Booher, City Clerk

 

 

 

EXHIBIT “A”

 

Sewer Rate

 

Minimum Commodity Charge                                                                  $11.02

(2,000 Gallons)

 

Each Additional Thousand Gallons                                                          $4.36

 

Commodity Charge

 

The rate per month for each additional 1,000 gallons consumed by users regardless of the size of the meter shall be $4.36 for the time period of July 1, 2007 through June 30, 2008.  Thereafter, the rate per month for each additional 1,000 gallons consumed by users regardless of the size of the meter shall be increased ten cents ($0.10) per 1,000 annually.  Half of this increase shall be utilized for operational expenses and the other half shall be utilized for capital improvements.

 

 

Ordinance #2983

ORDINANCE NO. 2983

 

BEING AN ORDINANCE RELATING TO THE WATER RATES AND PAYMENT REGULATIONS AS ESTABLISHED IN CODE SECTION 13.08.110 and 13.08.120 FOR THE CITY OF ELLSWORTH, KANSAS.

 

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ELLSWORTH, KANSAS:

 

That the Water Rates and Payment regulations as specified in City Code Section 13.08.110 and 13.08.120 be amended to read as follows:

 

“13.08.110 Water Rates

 

            The rate per month for the use of water in and outside of the City by any user shall be dependent upon the size of the meter installed.  The rate for the first two thousand (2,000) gallons of water is as set forth below:

            Meters of 5/8 inches                                        $    8.02

            Meters of 3/4 inches                                        $    8.83

            Meters of 1 inches                                           $  14.18

            Meters of 1 1/2 inches                                     $  27.55

            Meters of 2 inches                                           $  43.60

            Meters of 3 inches                                           $  86.50

            Meters of 4 inches                                           $161.40

            Meters of 6 inches                                           $268.40

            Meters of 8 inches                                           $428.90

 

The rate per month for each additional 1,000 gallons consumed by users regardless of the size of the meter shall be $4.01 per thousand for the time period of May 1, 2007 through April 30, 2008.  Therefore the rate per month for each additional 1,000 gallons consumed by users regardless of the size of the meter shall be increased ten cents ($0.10) per 1,000 annually until August of 2027.  Half of this increase shall be utilized for operational expenses and the other half shall be utilized for capital improvements.  In addition a user fee of $6.20 shall be charged to each user within the city limits, and a user fee of $12.40 shall be charged to each user each month regardless of the meter size located outside the city limits.  In addition there will be a fifty percent (50%) rate surcharge on users outside the city limits.  In the case of mobile home parks and multiple family dwellings, the user fee shall be charged to each dwelling unit, regardless of the number of meters serving said mobile home park or multiple family dwellings.

 

13.08.120 Payment

 

            All water rates and charges are due and payable on the first day of each month at the office of the City Clerk, and there shall be charged and assessed a penalty of fifteen (15) percent of the amount due on water bills not paid within ten (10) days after the same became due and payable.  The City is authorized to discontinue water service for failure to pay the rates and charges due and owing within fifteen (15) days after the same became due and payable.”

 

All ordinances or parts of ordinances in conflict herewith are hereby repealed.

 

This amendment to the Water Rates and Payment Regulations as established in Code Sections 13.08.110 and 13.08.120 shall take effect and be in force from and after its passage, approval and publication in the official City newspaper.

 

Passed by the Governing Body of the City of Ellsworth, Kansas this 30^th Day of May, 2007.

 

                                                                                                      _______________________

                                                                                                      Robert S. Homolka, Mayor

 

ATTEST:

 

     

      _______________________

      Patti L. Booher, City Clerk

 

Ordinance #2982

(Published in The Ellsworth County Independent Reporter on May 17, 2007.)

 

ORDINANCE NO. 2982

 

           

            AN ORDINANCE RELATING TO A TRANSPORTATION DEVELOPMENT DISTRICT IN THE CITY OF ELLSWORTH, KANSAS AND CERTAIN TRANSPORTATION PROJECTS THEREIN; APPROVING A MODIFICATION OF THE MAXIMUM COSTS OF SUCH TRANSPORTATION PROJECTS; RATIFYING THE BOUNDARIES OF THE DISTRICT, THE METHOD OF FINANCING THE PROJECTS AND THE LEVYING A TRANSPORTATION DEVELOPMENT DISTRICT SALES TAX.

 

            WHEREAS, the governing body of the City of Ellsworth, Kansas (the "City"), has heretofore received a Petition pursuant to K.S.A. 12-17,140 et seq. (the "Act") and adopted Resolution No. 23-0106A of the City, stating its intention to levy a transportation development district sales tax and give notice of a public hearing on the advisability of creating a transportation development (the "Transportation District") and its intention to levy such transportation development district sales tax and financing of a project in such Transportation District (the "Project")

 

            WHEREAS, the City has by Ordinance No. 2954 created the Transportation District, authorized the Project, approve the maximum costs of the Project and levied a transportation development district sales tax; and

 

            WHEREAS, the City has received an Amended and Restated Petition proposing a modification to the maximum costs of the Project; and

 

            WHEREAS, the Governing Body adopted Resolution No. 23-0407A on April 23, 2007 directing that a public hearing on the advisability of modifying the maximum cost of the Projects be held on May 14, 2007 and requiring that the City Clerk provide for notice of such public hearing as set forth in the Act; and

 

            WHEREAS, a Notice of Public Hearing containing the following information:  (a) the time and place of the hearing; (b) the general nature of the Projects; (c) the modified  maximum cost of the Projects; (d) the method of financing the costs of the Projects; and (e) the map or boundary description of the District,  was published two times in The Ellsworth County Independent Reporter, the official City newspaper, on April 26 and May 3, 2007; and

 

            WHEREAS, the Governing Body has heretofore on this date conducted a public hearing on the modification of the maximum costs of the Projects, as described in the Notice of Public Hearing; and

 

            WHEREAS, the Governing Body hereby finds and determines it to be advisable to approve the modified maximum costs of the Projects, to ratify the creation of the Transportation District, the boundaries of the Transportation District, the method of financing the same and the levy a transportation development district sales tax,  all in accordance with the provisions of the Act.

 

            THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ELLSWORTH, KANSAS:

 

 

            SECTION 1.  Ratification of Transportation District Projects; Approval of Maximum Costs.  The Governing Body hereby ratifies and confirms the Projects, as more fully described on Schedule I attached hereto and incorporated by reference.  The maximum acquisition, construction and financing costs of the Projects are $1,250,000 and are hereby approved.

 

            SECTION 2.  Ratification of Transportation District; Boundaries.  The Governing Body hereby ratifies and confirms the creation of the Transportation District.  The boundaries of the Transportation District are generally described as follows:

 

The Transportation District is approximately bound by an area generally described as properties abutting on Dees Avenue between Kunkle Drive and O'Donnell Drive; and abutting on Kunkle Drive and O'Donnell Drive between Aylward Avenue and U.S. Highway 156.  This area is more specifically described as follows:

 

In the NW 1/4, Section 21, T 15 S, R 8 W

 

Commencing at the Southwest corner of Block 3, Ellsworth Development Addition to the City of Ellsworth, Kansas. Thence North along the west line of Block 3 and Lot 1 of Block 4 to a point 135 feet north of the southwest corner of Lot 1, Block 4; thence East parallel with the south line of lot 1 to the west line of Lot 2, Block 4; thence North along the west line of lot 2 to the north line of Block 4; thence East along the north line of Block 4 to a point 130 feet west of the northeast corner of Block 4; thence North parallel with the east line of Block 5 to a point on the north line of vacated Armbrust Road; thence East and Southeast alone the north line of Armbrust Road and Block 1 to the east line of Block 1; thence South along the east line of Block 1 and Block 2 to the north line of Block 3; thence East along the north line of Block 3 to the northeast corner of Block 3; thence South along the east line of Block 3 to the southeast corner of Block 3; thence West along the south line of Block 3 to the point of commencement, all in the NW ¼, Section 21, T 15 S, R 8 W, Ellsworth County, Kansas; and

 

In the SW 1/4, Section 16,T 15 S, R 8 W

 

Commencing at the southeast corner of the Legion Addition to the City of Ellsworth, Kansas. Thence West along the south line of said addition to southwest corner of the Legion Addition; thence North along the west line of the Legion Addition and Lot 6 of the Aylward Second Addition to the northwest corner of Lot 4; thence East along the north line of Lot 4 and Lot 3 to the northeast corner of the Aylward Second Addition; thence South along the East line of Aylward Second Addition and Alco Subdivision No. 1 to the southeast corner of the Alco Subdivision No. 1; thence southwesterly along the south line of the Alco Subdivision No. 1 to the point of commencement all in the SW ¼, Section 16, T 15 S, R 8 W, Ellsworth County, Kansas.

 

            The legal description of the property contained in the Transportation District is set forth on Schedule II attached hereto and incorporated by reference herein.

 

            SECTION 3.  Method of Financing. 

 

            (a)        In order to provide funds to finance the costs of the Projects, the City is imposing, in accordance the provisions of the Act, a transportation district sales tax within the Transportation District in an amount of 1% on the selling of tangible personal property at retail or rendering or furnishing services within the Transportation District (the "Sales Tax") is authorized.  The collection of the Sales Tax commenced on January 1, 2007.   

 

            (b)        There will be no special assessments levied on property within the boundaries of the Transportation District.

 

            (c)        The costs of the Projects and associated reserves and costs of issuance will be financed by the issuance of revenue bonds of the City issued in accordance with the provisions of the Act in a maximum principal amount of $1,250,000.  The revenue bonds will be secured by the pledge of money received from the imposition of the Sales Tax to be imposed on the selling of tangible personal property at retail or rendering or furnishing services within the Transportation District. 

 

            SECTION 4.  Effective Date  This Ordinance shall take effect and be in full force from and after its passage by the Governing Body of the City and publication in the official City newspaper.  Except for the maximum costs of the Projects and the maximum revenue bond amount, which are modified hereby, the provisions of Ordinance No. 2954 are ratified and confirmed.

 

            PASSED by the Governing Body of the City on May 14, 2007 and APPROVED and SIGNED by the Mayor.

 

 

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