Gilmore & Bell, P.C.
(Published in The Gardner News, on July 4, 2012 )
ORDINANCE NO. 921
AN ORDINANCE OF THE CITY OF EDGERTON, KANSAS, AUTHORIZING AND PROVIDING FOR THE CONSTRUCTION OF MAIN SEWER IMPROVEMENTS IN THE CITY; AND PROVIDING FOR THE PAYMENT OF THE COSTS THEREOF.
WHEREAS, K.S.A. 12-618 provides, in part, that the governing body of any city having a population of less than 80,000 shall have power to provide for one or more systems of sewerage, or drainage, or both, for such city, or for any part thereof, with one or more main sewers or drains and sewer or drains outlets, and to build, construct or purchase pumping stations, sewers, sewer service lines and drains by districts or otherwise, as the governing body may determine; and
WHEREAS, K.S.A. 12-619 provides, in part, that if the estimated cost of the main sewer or drain of said system now or hereafter constructed shall be relatively large as compared with the estimated cost of the lateral sewers or drains tributary thereto, or if the said main sewer or drain shall be so located that it will or may receive the sewage or drainage from two or more districts, the governing body shall have power to pass an ordinance providing that the cost of such main sewer or drain below a certain designated point shall be borne by the city and paid in the manner provided in K.S.A. 12-624 for the payment of the cost of main sewers and drains now or hereafter constructed beyond the corporate limits of the city; provided, that the said ordinance shall state the point in the line of the main sewer or drain below which the provisions of this section shall apply, shall describe the location of the said main sewer or drain from the said point to the outlet of the same or to the city limits, and shall state the manner of payment of the cost of the said main sewer or drain; and
WHEREAS, K.S.A. 12-624 provides, in part, that all costs and expenses occasioned by the acquisition of a right-of-way and by the construction of sewers and drains and disposal works beyond the corporate limits of said city shall be borne by the city as a whole and shall be paid out of the general revenue fund or by the issuance of improvement bonds of the city as the governing body may determine, that bonds to pay said costs may be issued in addition to the $100,000 authorized by K.S.A. 12-621 for the construction of disposal works and that such additional bonds may be issued in addition to the limit of bonded indebtedness of such cities as defined by statutes; and
WHEREAS, the City of Edgerton, Kansas (the “City”) has a population of approximately 1,671; and
WHEREAS, the governing body of the City hereby finds and determines it to be necessary to construct main sewer improvements for the City under authority of K.S.A. 12-619; and
WHEREAS, said governing body hereby further finds and determines that the costs of constructing said main sewer improvements will be relatively large as compared to the estimated cost of sewer lateral lines or drains tributary thereto, and that said main sewer improvements may receive in the future sewage or drainage from two or more districts, and that the costs of constructing said main sewer improvements should be chargeable to the city at large and paid by the issuance of general obligation bonds of the City in the manner provided by K.S.A. 12-624 for the costs of main sewer improvements and drains now or hereafter constructed beyond the corporate limits of the City; and
WHEREAS, said governing body hereby further finds and determines it to be necessary to authorize and provide for the construction of main sewer improvements for the City; and to make provision for the payment of a portion of the costs thereof by the issuance of general obligation bonds of the City.
THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EDGERTON, KANSAS:
Section 1. Authorization of Improvements. It is hereby authorized, ordered and directed that main sewer improvements be made for the City, by constructing an 8” sewer main, including engineering and appurtenances thereto (the “Improvements”), all as a part of the sewer system of the City, as provided by K.S.A. 12-618 et seq., in accordance with the plans and specifications therefor, which have been prepared or approved by the City Engineer and placed on file in the office of the Clerk.
Section 2. Designated Points. The location and costs of the Improvements below the following designated point(s) to the outlets of the same or to the City limits, to wit:
From a point 300 feet east of the intersection of West 7th Street and West Hewlett Street, running north 250 feet
shall be borne by the City at large, and shall be paid in the manner provided in K.S.A. 12-624.
Section 3. Bond Authorization. The costs of the Improvements, including financing costs, are $24,000. The costs of the Improvements, including associated financing costs, shall be payable from the proceeds of general obligation bonds of the City issued under authority of K.S.A. 12-619 and K.S.A. 12-624 (the “Bonds”).
Section 4. Reimbursement. Any Bonds issued under the authority of this Ordinance may be used to reimburse Improvement expenditures.
Section 5. Effective Date. This Ordinance shall be in force and take effect from and after its passage, approval and publication once in the official City newspaper.
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PASSED by the governing body of the City on June 28, 2012 and APPROVED AND SIGNED by the Mayor.
(SEAL) /s/ Donald Roberts
/s/ Janeice Rawles
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