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.

 

 

 

 

(Seal)                                                                                                                                                   

                                                                                                            Mayor

ATTEST:

 

 

 

                                                                       

                        City Clerk