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.

 

 

 

 

(Seal)                                                                                                                                                   

                                                                                                            Mayor

ATTEST:

 

 

 

                                                                       

                        City Clerk

 

Ordinance #2981

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

 

                                                ORDINANCE NO. 2981

 

AN ORDINANCE AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT BETWEEN 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 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, Ellsworth, Kansas (the "Municipality") is a municipality as said term is defined in the Loan Act which operates a wastewater collection 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 a loan from the Revolving Fund to finance the costs of improvements to its System consisting of the following:

 

Upgrading of 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 aerator 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 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 One Hundred Thousand Dollars ($1,100,000) (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 Loan and to enter into a loan agreement and certain other documents relating thereto, and to take certain actions required in order to implement the Loan Agreement.

 

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

 

Section 1.  Authorization of Loan Agreement.  The Municipality is hereby authorized to accept the Loan and to enter into a certain Loan Agreement, with an effective date of April 24, 2007, with the State of Kansas acting by and through the Kansas Department of Health and Environment (the "Loan Agreement") to finance the Project Costs (as defined in the Loan Agreement).  The Mayor and Clerk are hereby authorized to execute 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 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 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 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 the 14^th day of May and signed by the Mayor.

 

 

 

(SEAL)                                       ____________________________________________

                                                                                                                   Mayor                                          

 

 

ATTEST:

 

 

 

 ______________________________________

Clerk

 

 

Ordinance #2980

ORDINANCE NO. 2980

 

An ordinance granting to City of Ellsworth Water and Wastewater Department, a Division of the City of Ellsworth, its successors and assigns, a utility franchise, prescribing the terms thereof and relating thereto, and repealing all ordinances or parts of ordinances inconsistent with or in conflict with the terms hereof.

 

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

           

            SECTION 1.    That in consideration of the benefits to be derived by the City of Ellsworth, Kansas, (“City”), and its inhabitants, there is hereby granted to City of Ellsworth Water and Wastewater Department, a Division of the City of Ellsworth (“Provider”), said Provider operating a system for the transmission and distribution of water and treatment of wastewater in the City of Ellsworth, the right, privilege, and authority for a  period of twenty (20) years from the effective date of this ordinance, to occupy and use the several streets, avenues, alleys, bridges, parks, parking areas, and public places of said City, for the placing and maintaining of equipment and property necessary to carry on the business of selling and distributing water and treating wastewater for all purposes to the City, and its inhabitants, and through said City and beyond the limits thereof; to obtain said water and wastewater from any source available; and to do all things necessary or proper to carry on said business.

            SECTION 2.    As further consideration for the granting of this franchise, the Provider shall pay to the City, a franchise fee.  The amount of this franchise fee for the first year shall be two percent (2%) of the gross cash receipts from the sale of water, treatment of wastewater and transportation services to all consumers within the corporate limits of the City.  The franchise fee shall increase by one percent (1%) each year until a maximum fee of five percent (5%) is reached.  Such payments to be made monthly for the preceding monthly period.  Gross cash receipts shall not include other operating revenues received by the Provider, which are not related to the “sale or transportation of water or treatment of wastewater”.  These include, but are not limited to, connection fees, disconnection and reconnection fees, temporary service charges, delayed or late payment charges, collection fees, and returned check charges.   

            SECTION 3.  Said Ordinance shall become effective and be in force and shall be and become a binding contract between the parties hereto, their successors and assigns, no later than the first cycle of the monthly billing cycle which begins no later than sixty (60) days after its passage and approval by the City, and publication in the official City newspaper.

            SECTION 4.    This Ordinance, when accepted as above provided, shall constitute the entire agreement between the City and the Provider relating to this franchise and the same shall supercede and cancel any prior understandings, agreements, or representations regarding the subject matter hereof, or involved in negotiations pertaining thereto, whether oral or written, shall be binding upon the parties, including their successors and assigns, and shall not be amended or further obligations imposed without mutual consent of the parties hereto.

            SECTION 5.    I.   Upon written request of either the City or the Provider, the franchise shall be reopened and renegotiated at any time upon any of the following events:

(a)   Change in federal, state, or local law, regulation, or order which

      materially affects any rights or obligations of either the City or

            Provider, including, but not limited to, the scope of the grant to the Provider or the compensation to be received by the City.

(b)  Change in the structure or operation of the water or wastewater industry which materially affects any rights or obligations of either the City or Provider, including, but not limited to, the scope of the grant to the Provider or the compensation to be received by the City.

(c)   Any other material and unintended change or shift in the economic        

benefit to the City or the Provider relied upon and anticipated upon                                             entering into this franchise.

            SECTION 6.    The franchise is granted pursuant to the provisions of K.S.A. 12-2001 and amendments thereto.

            SECTION 7.    Any and all ordinances or parts of ordinances in conflict with the terms hereof are hereby repealed or considered as having no effect as of the first cycle of the monthly billing cycle as referenced in Section 3  of this ordinance.

 

            PASSED AND APPROVED this 14^TH day of May, 2007.

 

 

                                                                        ____________________________________

                                                                        MAYOR

 

 

(SEAL)

 

ATTEST:

 

 

 

_________________________________

City Clerk       

           

 

Ordinance #2979

ORDINANCE # 2979

 

BEING AN ORDINANCE AMENDING THE CODE OF THE CITY OF ELLSWORTH TITLE 6 ANIMALS, CHAPTER 6.04 ANIMAL CONTROL AND REGULATIONS.

 

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

 

Section 1.  That Title 6, Chapter 6.04 Article I be amended as follows:

 

Section 1.                                6.04.090          Keeping Animals.

 

A.         It is unlawful for any person to keep, harbor or maintain goats, kids, sheep, rabbits or hares, horses, cows, mules, donkeys or domestic fowl in City limits.  This rule is subject to the following exceptions:

1.         Persons who legally keep, harbor or maintain goats, kids, sheep, rabbits or hares, horses, cows, mules, donkeys or domestic fowl one hundred fifty (150) feet away from any building used for human habitation prior to the passing of the ordinance codified in this chapter, shall be allowed to continue such use, provided the ownership remains with the same person on the same property; OR

2.         Persons who keep, harbor or maintain these animals on land made up of no less than contiguous five (5) acres of land all owned by the same individual, and

a.         There shall be no more than 5 animals total; and

b.         The animals shall be kept one hundred fifty (150) feet away from any building used for human habitation on adjacent property.

 

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 newspaper

 

Passed and approved by the Governing Body of the City of Ellsworth, Kansas, in this time, form and manner required by law, this 26^th day of March, 2007.

 

 

By_________________________

Robert S. Homolka, Mayor

ATTESTED BY:

 

 

 

___________________________

Patti Booher, City Clerk

 

Ordinance #2978

ORDINANCE NO. 2978

 

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 I-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 I-1 is more specifically described as follows:

 

Lots One (1) through Four (4), in Block Fifty-one (51), 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 26^th Day of March, 2007.

 

                                                                                                      _______________________

                                                                                                      Robert S. Homolka, Mayor

 

ATTEST:

 

     

      _______________________

      Patti L. Booher, City Clerk

 

Ordinance #2977

ORDINANCE NO. 2977

 

BEING AN ORDINANCE REPEALING AND REPLACING CHAPTER 2.36 OF THE CITY OF ELLSWORTH MUNICIPAL CODE IN THE CITY OF ELLSWORTH, KANSAS.

 

 

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

 

Section 1.        That Code Section 2.36 shall be repealed and replaced as follows:

“2.36.010        Office Created.

The office of building inspector is created, and the executive official in charge shall be known as the building inspector.

           

2.36.020          Appointment.

The building inspector shall be appointed by the governing body following recommendation by the city administrator. During temporary absence or disability of the building inspector, the city administrator shall designate an acting building inspector.

 

2.36.030          Enforcement Authority.

The building inspector is authorized and directed to enforce all the provisions of this chapter and all other ordinances of the City, now in force or hereafter adopted, relating to zoning, subdivision regulations or building codes.

 

2.36.040          Reports and Records.

The building inspector shall submit a report to the City Council not less than once a year covering the work of his or her office during the preceding year.  The building inspector shall keep a permanent accurate account of all fees and other moneys collected and received, the names of persons upon whose account the same were paid, the date and amount thereof, together with the location of the building or premises to which they relate.

.

2.36.050          Permit--General application requirements.

A. Required. No person, firm or corporation shall erect, construct, enlarge, structurally modify any building or structure in the city, or cause the same to be done, without first obtaining a separate building permit for each such building or structure from the building inspector.  This permit must be posted and visible from the street.

           

B.Application. To obtain a permit the applicant shall first file an application therefore in writing on a form furnished by the city for that purpose. Every such application shall:

1. Identify and describe the work to be covered by the permit which application is made;

 

2. Describe the land on which the proposed work is to be done, by lot, block, tract and house and street address, or similar description that will readily identify and definitely locate the proposed building or work;

 

3. Indicate the use or occupancy for which the proposed work is intended;

 

4. Be accompanied by plans and specifications as required in subsection (C) of this section;

 

                        5. State the valuation of the proposed work;

 

6. Be signed by the permitee, or his or her authorized agent, who may be required to submit evidence to indicate such authority;

 

7. Give such other information as reasonably may be required by the building inspector.

C. Information on Plans and Specifications. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this chapter and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the house the street address of the work and the name and address of the owner and person who prepared them. Plans shall include a plot plan showing the location of the proposed building and of every existing building on the property. In lieu of detailed specifications, the building inspector may approve references on the plans to a specific section or part of this chapter or other ordinances or laws.   

 

2.36.060          Concrete Work.

A permit shall be required for any new construction or placement of slabs, patios, foundations, sidewalks, steps, basements, driveway additions or expansions. 

 

2.36.070          Fences.

A building permit is required for all fences constructed within the city of Ellsworth.  No permit will be issued for any fence proposed to rest on a property line unless all affected property owners submit a letter of consent for the placement.

 

2.36.080          Foundations.

Any structure greater than 150 sq. ft. needs to be anchored on a concrete foundation.

 

2.36.090          Basements.

All basement modifications or replacements shall require a building permit.  Any new basement constructed within the City of Ellsworth must have an egress window installed according to the 2006 Edition of the International Residential Code.

 

2.36.100          Permits – Issuance Requirements.

A. Issuance.  The application, plans and specifications filed by an applicant for a permit shall be checked by the building inspector.  Such plans may be reviewed by other departments of the city to check compliance with the laws and ordinances under their jurisdiction.  If the building inspector is satisfied that the work described in an application for permit and the plans filed therewith conform to the requirements of this chapter and other pertinent laws and ordinances, and that the fee specified herein has been paid, he or she shall issue a permit therefore to the applicant.  However, no permit shall be issued without an initial on-site inspection being completed by the building inspector or his or her designee.

 

B. Retention of Plans.  One set of approved plans, specifications, and computations shall be retained by the building inspector for a period of not less than ninety (90) days from the date of completion of the work covered therein.

 

C. Expiration. Every permit issued by the building inspector under the provisions of this chapter shall expire by limitation and become null and void, if the building or work authorized by such permit is not completed within one hundred and twenty (120) days from the date of such permit.  Before work shall commence in excess of the one hundred and twenty (120) day limitation, a new permit shall be obtained from the building inspector.  No fee shall be required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided, further, that such project time has not exceeded one year.  Any new permit shall require an onsite inspection prior to approval.

 

D. Suspension or Revocation.  The building inspector may, in writing, suspend or revoke a permit issued under provisions of this chapter whenever the permit is issued in error or on the basis of incorrect information supplied, or in violations of any ordinance or regulation or any of the provisions of this chapter.

 

2.36.110          Repairs and Modifications.

A permit shall be required for any exterior repairs, renovations or improvements costing more than one thousand dollars ($1,000.00).  However, there will be no charge for a permit issued for a project that repairs or replaces a feature of identical size, structure and composition with the exception of basements or other concrete work.

 

2.36.120          Permit Fee.

A fee for each building permit shall be paid to the building inspector at the time the application for building permit is submitted to the building inspector.  The fee shall be reviewed annually as defined in Chapter 3.36 of this code.

 

2.36.130          Inspection Authority.

All construction or work for which a building permit is required shall be subject to inspection by the building inspector.  A survey of the lot may be required by the building inspector to verify compliance of the structure with approved plans.

 

2.36.140          Violation - Penalty.

            Any person(s), firm(s) or corporation(s) that is in violation of this chapter, or any other ordinances of the city relating to zoning, subdivision regulations or building codes, and any architect, builder or contractor who assists in the commission of any such violation; or who build in violation of any statement of plan submitted and approved thereunder shall, for each and every violation or noncompliance be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than seventy-five dollars ($75.00) nor more than five hundred dollars ($500.00) for each offense, plus court costs. Every person violating or contributing in any way to any violation as described above shall be deemed guilty of a separate offense for each day during which such violation continues and may be punished therefore as provided in this chapter.”

 

Section 2.        All ordinances or parts of ordinances in conflict herewith are hereby repealed.

 

This ordinance shall take effect and be in force from and after its publication once in the official City newspaper.

 

Passed and approved by the Governing Body of the City of Ellsworth, Kansas, in this time, form and manner required by law, this 12^th day of February, 2007.

 

 

 

                                                                                                      _______________________

                                                                                                      Robert S. Homolka, Mayor

 

ATTEST:

 

     

      _______________________

      Patti L. Booher, City Clerk

 

Ordinance #2976

Ordinance #2976

 

Being an ordinance Defining and regulating the LICENSure and  Investigation of solicitors, canvassers and peddlers with The City of Ellsworth, prescribing penalties for violations and providing for enforcement.

 

               Be it ordained by the governing body of the city of ellsworth, kansas:

 

Section 1. Purpose

 

The purpose of this ordinance is to establish a license and investigation procedure and set the reasonable rules and regulations for solicitors, canvassers and peddlers:

A.     Preserve and protect the wellbeing of the citizenry; and

B.     Provide reasonable guidelines for solicitors, canvassers and peddlers;  and

C.     Ensure compliance with existing taxation requirements; and

D.    Reduce fraudulent activity with the City of Ellsworth; and

E.     Provide for more effective oversight of commerce within the City of Ellsworth.

 

SECTION 2.  DEFINITIONS  

 

For the purpose of this ordinance, the following words shall be considered to have the following meanings:

(1)  Soliciting shall mean and include any one or more of the following activities:

(a)  Seeking to obtain orders for the purchase of goods, wares, merchan­dise, foodstuffs, services, of any kind, character or description whatsoever, for any kind of consideration whatsoever; or

(b)  Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character; or

(c)  Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication.

 

(2)  Residence shall mean and include every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.

 

(3)  Canvasser or Solicitor shall mean any individual, whether resident of the city or not, whose business is mainly or principally carried on by traveling either by foot, automobile, motor truck, or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale or whether he or she is collecting advance payments on such sales or not.  Such definition shall include any person, who, for himself, herself or for another person, hires, leases, uses, or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery.

 

(4)  Peddler shall mean any person, whether a resident of the city or not, traveling by foot, automotive vehicle, or any other type of convey­ance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad boxcar or other vehicle or conveyance, and further provided, that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this ordinance shall be deemed a peddler.

 

(5)  Transient merchant, itinerant merchant or itinerant vendor are defined as any person, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within such city, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, or boat, public room in hotels, lodging houses, apartments, shops or any street, alley or other place within the city, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction.  Such definition shall not be construed to include any person who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only.  The person so engaged shall not be relieved from complying with the provisions of this ordinance merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer.

 

(6)  Street salesman shall mean any person engaged in any manner in selling merchandise of any kind from a vehicle or stand temporarily located on the public streets or sidewalks of this city.

 

SECTION 3.  LICENSE REQUIRED

 

(1)  It shall be unlawful for any person to engage in any of the activities defined in the preceding sections of this ordinance, within the corporate limits of the city without then having a valid and unexpired license therefore in his or her possession and issued by the city clerk. 

 

(2)  The governing body may waive the license requirements of this ordinance for any person, firm or corporation exempt from the payment of a license fee under Section 8(4).

 

SECTION 4.  SAME; APPLICATION REQUIRED 

 

Before the city clerk may issue any license required by this ordinance, he or she shall require a sworn application in writing prepared in duplicate on a form to be supplied by the city clerk which shall give the following information:

 

(1)  Name and description of applicant;

 

(2)  Permanent home address and full local address of applicant;

 

(3)  Identification of applicant including drivers license number, date of birth, expiration date of license and description of applicant;

 

(4)  Identification of vehicle used by applicant including license therefore used by applicant in conducting his or her business;

 

(5)  A brief description of the nature of the business to be carried on or the goods to be sold and the length of time such applicant has been engaged in the business;

 

(6)  If employed, the name and address of the employer, together with credentials establishing such relationship, including the authority by the employer authorizing the applicant to represent the employer in conducting business;

 

(7)  The length of time which business is proposed to be carried on;

 

(8)  The place where services are to be performed or where the goods or property proposed to be sold or orders taken for the sale thereof are manufactured or produced, where such goods or products are located at the time the application is filed, and the proposed method of delivery;

 

(9)  A photograph of the applicant, taken within 90 days prior to the date of making application which picture shall be at least two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner; or in lieu thereof, the fingerprints of the applicant may be taken by the chief of police and filed with the application;

 

(10)  A statement as to whether or not the applicant has within two years prior to the date of the application been convicted of any crime, misdemeanor (other than minor traffic violations) or violation of any municipal law regulating peddlers, solicitors or canvassers and giving the nature of the offenses, the punishment assessed therefore, if any, and the city and state where conviction occurred.

 

(11)  The applicant's Kansas Sales Tax number.

 

SECTION 5.  ISSUANCE; COUNTY RESIDENTS

 

(1)  Except as provided in Section 10, if the applicant is a current resident of Ellsworth County, Kansas, upon receipt of an application for a license and payment of the license fee, the city clerk shall issue the license.  Such license shall contain the signature and seal of the issuing officer and shall show the name and address of the licensee, the date of issuance and length of time the license shall be operative, and the nature of the business involved.  The city clerk shall keep a permanent record of all such licenses issued and submit a copy of such license to the chief of police.  The licensee shall carry the license certificate at all times. 

 

(2)  If the applicant is not a current resident of Ellsworth County, Kansas, a license will not be issued until after investigation and payment of the investigation fee as provided in Sections 7:8.

 

SECTION 6.  SAME; INVESTIGATION AND ISSUANCE; NON-COUNTY RESIDENT

 

(1)  Upon receipt of the above application from an applicant who is not a current resident of Ellsworth County, Kansas, the city clerk shall refer the same to the chief of police who shall cause an investigation of the facts stated therein to be made within not to exceed five days.

 

(2)  If as a result of the investigation, the applicant's character or business responsibility is found to be unsatisfactory or the facts stated therein to be untrue, the chief of police shall endorse on such application his or her findings and endorse his or her disapproval of the application and the reasons for the same and shall return the application to the city clerk who then shall notify the applicant that his or her application is disapproved and that no license will be issued.

 

(3)  If however, the investigation of such application discloses that the character and business responsibility and the facts stated in the application are satisfactory and true, the chief of police shall endorse his or her findings and approval on the application and return the same to the city clerk who shall, upon payment of the license and investigation fees prescribed, issue a license to the applicant to engage in the business described in the application. Such license shall contain the signature and seal of the issuing officer and shall show the name and address of the licensee, the date of issuance and length of time the license shall be operative, and the nature of the business involved.  The city clerk shall keep a permanent record of all such licenses issued and submit a copy of such license to the chief of police.  The licensee shall carry the license certificate at all times.

 

SECTION 7.  SAME; INVESTIGATION FEE

 

At the time of filing the application, a fee of $35 shall be paid to the city clerk to cover the cost of investigation of the facts stated in the foregoing application.

 

SECTION 8.  LICENSE FEE; TIME LIMITS; EXEMPTIONS

 

(1)  Except as provided in subsection (3), the fee for the license required pursuant to Section 3 shall be in the amount of $25 per each day, or portion thereof, that the licensee shall operate within the city limits.  In no event, however, shall fees in excess of $150 be collected from a licensee during any six-month period of time.

 

(2)  Any such license granted upon application as required hereinabove shall be limited to and effective only on the days set out in the license. Solicitation or sales by any peddler, solicitor or canvasser shall be conducted only between the hours of 8:00 a.m. and 9:00 p.m.

 

(3)  Persons and firms not having a permanently established place of business in the city, but having a permanently established house-to-house or wholesale business shall receive a license as required by Section 3 upon the payment of $150 for any year, and may make solicitations or sales only between the hours of 8:00 a.m. and 9:00 p.m., or upon invitation at any hour.

 

(4)  No license fee shall be required of:  (a) any person selling products of the farm or orchard actually produced by the seller; (b) any businesses, trades or occupations which are part of fairs or celebrations sponsored by the city or any other governmental subdivision, or the state, or when part of all of the expenses of the fairs or celebrations are paid for by the city, any other governmental subdivision, or the state; and (c) any not-for-profit or charitable organization as determined by the governing body.

(K.S.A. 12-1617)

 

SECTION 9.  RENEWAL 

 

All licenses issued shall be subject to renewal upon a showing of compliance with Sections 3:4 of this ordinance within a six month period prior to the renewal date.  The city clerk need not require an additional application under Section 5 or an additional investigation and investigation fee under Section 6 unless complaints have been received of violations of the conditions under which any license has heretofore been issued.  The city clerk shall not renew or extend any license where there is satisfactory evidence of any grounds for the suspension or revocation of any prior license, and the applicant shall be required to apply for a license as in the case of an original license.

 

SECTION 10.  DENIAL, REVOCATION OR SUSPENSION OF LICENSE; NOTICE

 

(1)  The city clerk or chief of police may deny any application or may revoke or suspend for a period of not to exceed 30 days any license issued under this ordinance, for any of the following causes:

(a)  Fraud, misrepresentation or false statement contained in the application for license.

(b)  Fraud, misrepresentation or false statement made in the course of carrying on the business.

(c)  Any violation of this ordinance.

(d)  Conducting a business as defined in Section 2 in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the city. Notice of the denial, revocation or suspension of a license shall be given in writing to the applicant or mailed to his or her last known address and the city clerk shall set forth the grounds of such denial, revocation or suspension.

(e)  Conviction of the crime of theft, larceny, fraud, embezzlement or any felony within two years prior to the application date.

 

SECTION 11.  APPEAL TO GOVERNING BODY

 

(1)  Any person aggrieved by the action of the chief of police or city clerk in the denial of an application or revocation or suspension of a license as provided in this ordinance, shall have the right of appeal to the governing body. 

 

(2)  Such appeal shall be taken by filing with the city clerk within 14 days after notice of revocation, suspension  or denial of the license has been given to or mailed to such applicant's last known address and setting forth the grounds for appeal. 

 

(3)  The governing body shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided herein for notice of denial, revocation or suspension.

 

(4)  The decision and order of the governing body on such appeal shall be final and conclusive. 

 

SECTION 12.  REGULATIONS

 

(1)  It shall be unlawful for any licensee to make false or fraudulent statements concerning the quality of nature of his or her goods, wares and merchandise for the purpose of inducing another to purchase the same.

 

(2)  Licensees are required to exhibit their license at the request of any person to whom they attempt to sell their goods, wares and merchandise or take orders for future delivery of the same.

 

SECTION 13.  USE OF STREETS AND SIDEWALKS 

 

Except when authorized in writing by the city clerk, no peddler, solicitor or canvasser  or any other person shall have exclusive right to any location in the public streets for the purpose of selling or soliciting sales, nor shall any person be permitted a stationary location in the public streets, nor shall any person be permitted to operate in the sidewalks and streets within the fire limits of the city or any congested area where his or her operations might impede or inconvenience the public.

 

SECTION 14.  DISTURBING THE PEACE 

 

Except when authorized in writing by the city clerk, no licensee nor any person in his or her behalf, shall  use any sound device, including any loud-speaking radio or sound-amplifying system upon any of the streets, alleys, parks or other public places of the city or upon any private premises in the city where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell.

 

Section 15.  Penalties

 

Any person, firm or corporation violating any provisions of this ordinance shall, upon conviction for their first offense thereof, be deemed guilty of an infraction and may be fined not less than one hundred and fifty dollars ($150.00) nor more than five hundred dollars ($500.00) per violation.  Any person, firm or corporation violating any provisions of this ordinance for a second offense shall be deemed guilty of a misdemeanor and fined not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00).  Each and every week during which such offense shall continue may be deemed a separate offense. 

 

This ordinance shall take effect and be in force from and after its publication once in the official City newspaper.

 

Passed and approved this 22^nd day of January, 2007.

 

 

 

                                                                           By __________________________

                                                                           Robert S. Homolka, Mayor

                                                                           City of Ellsworth, Kansas

 

 

 

ATTESTED BY:

 

 

___________________________

Patti L. Booher, City Clerk