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HomeMy WebLinkAboutOrd 0276 ORDINANCE NO. 276 CITY OF MISSION, KANSAS An ordinance providing for the building and paving of a new street in the northwest part of the City, which will run more or less parallel to U.S. Highway 69 and Interstate 35, between 56th Street and Lamar Avenue, and for all incidental improvements in connection therewith and providing for the issuance of temporary notes by the City of Mission, Kansas, to pay the costs thereof in the sum of Two Hundred Sixty Thousand Dollars ($260,000.00). WHEREAS, the Governing Body did by Resolution No. 98, hold a public hear- ing on November 11, 1964, to consider the advisability of building a new street in the northwest part of the City of Mission, Kansas; and WHEREAS, the said public hearing was held on the llth day of November, 1964; and WHEREAS, said City did on the llth day of November, 1964, adopt Resolu- tion No. 99 determining that it was advisable to build a major collector route in the northwest portion of the City of Mission, Kansas, as more fully described in Resolution No. 98; and, WHEREAS, the Governing Body did by Resolution No. 100 authorize and order the building and paving of said collector street together with all in- cidental improvements in connection therewith; and 1 WHEREAS, within twenty (20) days of the publication of Resolution No. 100 written protest signed by both fifty -one percent or more of the resident owners of record of property within the improvement district and the owners of record of more than one -half of the total area of such district was not filed with the City Clerk in the manner provided by law. NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY of the City of Mis- sion, Kansas, as follows: Section 1. That the City of Mission, Kansas, shall build and construct a major collector route in the northwest portion of the City of Mission, Kan- sas, which street will run more or less parallel to U. S. Highway 69 and Interstate Highway 35, between 56th Street and Lamar Avenue. Said street shall be paved, guttered, drained and will include all incidental improvements in connection therewith, and will be 36 feet in width as provided by the plans and specifications for such improvement prepared by the City's Consulting Engineers and which are on file in the Office of the City Clerk. Section 2. That said improvement is hereby declared to be necessary and is hereby ordered to be done in the manner provided by law and in accordance with such resolutions heretofore adopted and published as aforesaid and in accordance with the plans and specifications on file with the City Clerk as herein stated. 117 Section 3. That upon the final completion of the improvement provided for in this ordinance and in said Resolution No. 100, the costs thereof shall be paid for by the issuance of improvement bonds of said City, said bonds to be issued in the manner provided by law, not to exceed ten years and to be in Ordinance No. 276 such denominations as the Governing Body shall hereinafter determine by ordinance, provided, however, that said bonds shall not bear interest to exceed five percent per annum, and said bonds shall be payable in install- ments not to exceed ten years after the issuance thereof. The cost of said improvement provided for herein and by said resolution shall be assessable against the adjacent property liable therefor, save and except that portion of said improvement which according to law shall be assess- able against the City at Large, and as more fully set forth in Resolu- tion No. 100. Section 4. That for the purpose of paying the accrued and accruing expense of the grading, paving, curbing, guttering and otherwise improv- ing the street described herein, there shall be issued and there are hereby authorized the temporary notes of the City of Mission, Kansas, and the total aggregate sum shall not exceed Two Hundred Sixty Thousand Dollars ($260,000.00), the estimated cost and expense of the improvement. Section 5. The temporary notes authorized by the ordinance shall be issued from time to time as required during the process of said work, shall be authorized by resolution, shall be dated as of the date when issued respectively, shall bear interest at the rate of three percent (3 per annum, payable semi annually, shall mature two years from their date, shall be callable for payment in advance of maturity in the manner hereinafter specified in the form of the note, and shall be redeemed and cancelled be- fore or at the time permanent bonds are issued in lieu thereof. Section 6. That each of the temporary notes provided for by this ordinance and the certificates thereon shall be in substantially the fol- lowing form: No. UNITED STATES OF AMERICA STATE OF KANSAS JOHNSON COUNTY CITY OF MISSION "SERIES Z" Temporary Note KNOW ALL MEN BY THESE PRESENTS: That the City of Mission, in the County of Johnson, State of Kansas, for value received, hereby acknowledges itself to be indebted and promises to pay to the bearer the sum of Dollars in law- ful money of the United States of America on the day of ,19 or prior thereto if called for payment as hereinafter provided, being re- deemable and cancellable before or at the time the permanent bonds are issued in lieu thereof, with interest thereon from the date of this note, at the rate of three percent (3%) per annum, payable semi annually hereafter until the said principal shall have been paid, both principal and interest on this note being payable at the Office of the City Treasurer of the City of Mission, Kansas, is held and firmly bound by these presents and its faith and credit are hereby irrevocably pledged for the prompt payment of said principal and interest at maturity. The said City may call this note for payment at any time before maturity by serving written notice to that effect on the holder of this note or by publication once in a newspaper of general circulation in Ordinance No. 276 said City at least seven days before the date of such call, and may redeem this note on the date of such call for the amount of the principal and the 1 interest to that date and the interest shall cease on such date. This note is issued by the City of Mission, Kansas, for the purpose of paying the actual accrued unpaid cost of paving, grading, curbing, guttering, and otherwise improving the street of said City described in ordinance num- bered 276 of said City and is issued by the authority of and in full com- pliance and conformity with the provisions, restrictions and limitations of the ordinance of said City numbered 276 and of the Constitution and laws of the State of Kansas, and particularly K.S.A. 10 -123 and K.S.A. 12- 6a01 -6a18. And it is hereby declared and certified that all acts, proceedings, conditions and things required to be done and to exist precedent to the issu- ance of this note have been properly had and done and performed and do exist in due and regular form and manner as required by the laws and Constitution of the State of Kansas; that this note is negotiable and constitutes a general obligation of said City, that this note and previously issued and outstanding notes and bonds issued for said improvement do not exceed the estimated costs and expenses of said improvement; and that the total indebtedness of the City of Mission, Kansas, including this note, does not exceed any statutory or constitutional limitation. IN TESTIMONY WHEREOF, the City of Mission, Kansas, in the State of Kansas, by its Governing Body, has caused this note to be signed by its Mayor, attested by its City Clerk, and its corporate seal to be hereto affixed this day of 19 Mayor ATTEST: City Clerk STATE OF KANSAS SS COUNTY OF JOHNSON I, the undersigned, City Clerk of the City of Mission, Kansas, do hereby certify that this temporary note has been duly registered in my office accord- ing to law. WITNESS my hand and seal of said City this day of 19 (S E A L) City Clerk STATE OF KANSAS SS COUNTY OF SHAWNEE I, the undersigned, auditor of the State of Kansas, do hereby certify that this notice has been registered in my office according to law. WITNESS my hand and official seal this day of 19 Auditor of the State of Kansas (S E A L) Ordinance No. 276 Section 8. The Mayor and City Clerk of the City of Mission, Kansas, are hereby directed, authorized and empowered to prepare and execute each of the notes described in this ordinance and do all things necessary as, if, and when the issuance of each such note is authorized by a resolution of the Governing Body of said City, and to sell and deliver the same at private sale, at par and accrued interest, according to law to the lawful purchaser thereof upon receipt of the purchase price and apply the proceeds of such sale to the payment of the actual cost and expense of said improve— ments described in the preamble of this ordinance. Section 9. This ordinance shall take effect and be in force from and after its publication as provided by law. PASSED AND APPROVED this 14th day of July, 1965. &7 Victor X. Andersen Mayor ATTEST: Dorothy N. Beaver, City Clerk (SEAL) 71