Ellsworth Ordinance to improve certain public buildings

(First Published in the Ellsworth County Independent/
Reporter, June 17, 2021)

ORDINANCE NO. 3115

AN ORDINANCE AUTHORIZING AND PROVIDING FOR IMPROVEMENTS TO CERTAIN PUBLIC
BUILDINGS IN THE CITY OF ELLSWORTH, KANSAS; AUTHORIZING AND PROVIDING FOR MULTI-USE
PATH IMPROVEMENTS WITHIN THE CITY; AND
PROVIDING FOR THE PAYMENT OF THE COSTS THEREOF.

WHEREAS, K.S.A. 12 1736 provides, in part, that any city in the State of Kansas may erect or construct, acquire a public building or buildings and procure any necessary site therefor and may alter, repair, reconstruct, remodel, replace or make additions to, furnish and equip a public building or buildings; and
WHEREAS, K.S.A. 12 1737 provides, in part, that the governing body of any city may, for the purposes hereinbefore authorized and provided, issue bonds of the city; and
WHEREAS, the governing body of the City of Ellsworth, Kansas (the "City"), hereby finds and determines it to be necessary to authorize and provide for the construction and equipping of certain public building improvements to the City Recreation Center, an existing public building in the City, and to the City Electric Building, and to provide for the payment of the costs thereof, all as provided by said K.S.A. 12 1736 et seq., as amended and supplemented from time to time ;
WHEREAS, the governing body of the City has considered the need to construct a pedestrian/bicycle/multi-use path within the City (the “Multi-Use Path Project”) in order to provide for the general health, safety and welfare of the City and its citizens; and
WHEREAS, the City finds and determines that it is in the best interests of the City and its citizens to construct the Multi-Use Path Project; and
WHEREAS, Article 12, § 5 of the Constitution of the State of Kansas (the “Home Rule Amendment”) and K.S.A. 12-101 empowers cities to determine their local affairs and government and provides that such power and authority granted thereby to cities shall be liberally construed for the purpose of giving to cities the largest measure of self-government; and
WHEREAS, the City is a city within the meaning of the Home Rule Amendment; and
WHEREAS, the Multi-Use Path Project is located within the boundaries of the City but is not located within a public park and is not a sidewalk located adjacent to a public street or road, as said term is defined in K.S.A. 8-1465, and there is no enactment of the Kansas legislature which authorizes the City to issue general obligation bonds to provide funds to finance the Multi-Use Path Project or which prohibits the City from issuing general obligation bonds to provide funds to finance the Multi-Use Path Project; and
WHEREAS, the governing body of the City hereby further finds and determines that it is necessary and advisable and in the interest of the public health, safety and welfare of the City to authorize by home rule ordinance the issuance of general obligation bonds of the City to provide funds to finance the Multi-Use Path Project.
THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ELLSWORTH, KANSAS:
SECTION 1.  Project Authorization.  The following improvements (jointly, the “Public Building Improvements”), with the following estimated costs, are authorized to be made under the provisions of the K.S.A. 12-1736 et seq., in accordance with plans and specifications approved by the governing body and on file with the City Clerk:

Description            Estimated Costs
Construct and equip improvements
at the Recreation Center        $500,000
Construct and equip improvements
to the electric building            $  60,000

The governing body of the City hereby finds and determines that construction of the Multi-Use Path Project is in the interest of the public health, safety and welfare of the City and its citizens.  The Multi-Use Path Project, with an estimated cost of $200,000, is authorized to be constructed under the provisions of the Home Rule Amendment and K.S.A. 12-101 et seq., in accordance with plans and specifications approved by the governing body and on file with the City Clerk:
SECTION 2.  Bond Authorization.  The costs of the Public Building Improvements, and necessary financing costs, are chargeable to the City at large, and those costs are authorized to be paid by the issuance of general obligation bonds of the City in an amount of $600,000, under the provisions of the K.S.A. 12-1736 et seq..  The costs of the Multi-Use Path Project, and necessary financing costs, are chargeable to the City at large, and those costs are authorized to be paid by the issuance of general obligation bonds of the City in an amount of $215,000, under the provisions of the Home Rule Amendment and K.S.A. 12-101 et seq.  Said bonds to be so issued may be combined with any general obligation bonds to be issued by the City for any one or more other improvement projects of the City as may be determined by the governing body to be in the best interests of the City.
SECTION 3.  Reimbursement.  The bonds authorized pursuant to this Ordinance are authorized to reimburse expenditures made on or after the date which is 60 days before the date of this Ordinance, pursuant to Treasury Regulation §1.150-2.
SECTION 4.  Effective Date.  This Ordinance shall be effective from and after passage by the governing body, approval and signature by the Mayor and publication once in the official City newspaper.
 PASSED by the governing body of the City of Ellsworth, Kansas, on June 14, 2021 and APPROVED AND SIGNED by the Mayor.

Mark Kennedy
Mayor

(Seal)    

ATTEST:

Brittany Rohr
City Clerk

1t 6/17