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HomeMy WebLinkAboutOrd 0275 h ORDINANCE NO. 275 r in CITY OF MISSION, KANSAS An ordinance providing for the installation of storm drainage facilities within a part of the City of Mission, Kansas, and for all incidental improve- ments in connection therewith and providing for the issuance of temporary notes by the City of Mission, Kansas, to pay the cost thereof in the sum of Forty eight Thousand Dollars ($48,000.00). WHEREAS, the Governing Body of the City of Mission, Kansas, did, on the 10th day of February, 1965, determine that it was necessary and advisable to improve storm drainage facilities within a part of the City of Mission, Kansas, as hereinafter described in Section 1 of this Ordinance; and WHEREAS, the Consulting City Engineer has prepared final plans; and WHEREAS, bids have been received, and the low bid has been accepted, NOW THEREFORE, BE IT ORDAINED by the Governing Body of the City of Mission, Kansas, as follows: Section 1. Storm drainage facilities and all incidental improvements in connection therewith shall be installed in accordance with the final engineer- ing plans on file with the City Clerk in the City Hall of Mission, Kansas, and the boundaries of said improvement district shall be as follows: 17 4 All that part of the northwest quarter of the southeast quarter of Section 8, Township 12, Range 25, in Mission, Johnson County, Kansas, described as follows: Beginning at a point 200 feet north and 465 feet east of the southwest corner of said quarter quarter section, said point being the southeast corner of a tract deeded to Soroptomist Club House, Inc., in Book 343 at page 52; thence east parallel to the south line of said quarter quarter section, a distance of 196.61 feet; thence north 0 de- grees 12 minutes 30 seconds east along the west line of a Park tract deed to the City of Mission in Book 354 at page 533, a distance of 90 feet; thence northerly along said Park tract, north 77 degrees 53 min- utes 30 seconds east, a distance of 248.30 feet; thence continuing along said northerly line of said Park tract, north 66 degrees 26 min- utes 30 seconds east, a distance of 95.16 feet; thence north 0 degrees 1 minute 40 seconds east parallel to the east line of said quarter quarter, a distance of 121.99 feet to south line of 60th Street, as established by the deed in Book 436 at page 621; thence following said street line southwest along a curve to the left having a radius of 522.19 feet, a distance of 11.95 feet to a point of tangent; thence continuing along said street line south 80 degrees 24 minutes west, a distance of 460 feet to a point of curve to the right, said curve hav- ing a radius of 548.98 feet; thence along said curve and said street line to the right, a distance of 62.05 feet; thence south along the IN east line of said Soroptomist tract 215.70 feet to the point of begin- ning. And also that part of the east 330 feet of the northwest quarter of the southeast quarter of Section 8, Township 12, Range 25, in Mission, Ordinance No. 275 Johnson County, Kansas, which lies north of the Mission City Park property conveyed to the City of Mission by deed recorded in Book 354 at page 533, and south of 60th Street, being more particularly described as follows: Commencing at a point on the east line of the northwest quarter of the southeast quarter of said Section 8, which is 527.40 feet north of the southeast corner thereof; thence south 66 degrees 19 min- utes west along the northerly boundary line of said Mission City Park property, a distance of 66.24 feet to the point of beginning of the tract herein described, said point of beginning being on the center line of 60th Street, as now dedicated; thence continuing south 66 degrees 19 minutes west, along the northerly boundary of said park property, a dis- tance of 294.11 feet, more or less, to a point 330 feet west of the east line of said quarter quarter section; thence north along a line 330 feet west of and parallel to the east line of said quarter quarter section a distance of 147.22 feet, more or less, to the center line of the dedi- cated right -of -way of said 60th Street; thence northeasterly, easterly and southeasterly along said center line a distance of 273.76 feet, more or less, to the point of beginning; except that part thereof dedicated for street purposes as a part of 60th Street. All of the above mentioned tracts being generally described as the land lying south of 60th Street (Martway), east of the Soroptomist pro- perty and north of the City Park, all within the City of Mission, Kansas. Section 2. Said improvement shall be constructed in accordance with the plans and specifications for such improvement prepared by the City's Consulting Engineer which are on file in the Office of the City Clerk. Section 3. Said improvement is hereby declared to be necessary II 1 and said improvement is hereby ordered to be done in the manner provided by law and in accordance with the final plans and specifications on file as stated herein. Section 4. That upon the final completion of the improvement pro- vided for in this ordinance and in said Resolution No. 104, the cost 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 such denominations as the Governing Body shall hereinafter deter- mine 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 property liable therefor, save and except that portion of said improvement which according to law shall be assessable against the City at Large, and as more fully set forth in Resolution No. 104. Section 5. That for the purpose of paying the accrued and accru- ing expense of the installation of said storm drainage facilities and all in- cidental improvements in connection therewith, there shall be issued and there are hereby authorized the issuance of temporary notes of the City of Mission, Kansas, and the total aggregate amount shall not exceed $48,000.00, the estimated cost and expense of the improvement. Section 6. 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, Ordinance No. 275 payable semi annually, shall mature two years from their date, shall be callable for payment in advance of maturity in the manner hereinafter speci- fied in the form of a note, and shall be redeemed and cancelled before or at the time permanent bonds are issued in lieu thereof. Section 7. That each of the temporary notes provided for by this ordin- ance and the certificates thereon shall be in substantially the following form: No. UNITED STATES OF AMERICA STATE OF KANSAS JOHNSON COUNTY CITY OF MISSION "SERIES Y" 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 adknowledges itself to be indebted and promises to pay to the bearer the sum of Dollars in lawful money of the United States of America on the day of 19, or prior thereto if called for payment as hereinafter provided, being redeemable 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, Kan- sas, 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 inter- est 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 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 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 the installation of storm drainage facilities and all incidental improvements in connection therewith described in the ordinance numbered 275 of said City, and is issued by the authority of and in full compliance and conformity with the provisions, restrictions, and limitations of the ordinance of said City numbered 275 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, con- ditions and things required to be done and to exist precedent to the issuance 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 obliga- tion 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 Ordinance No. 275 Mission, Kansas, including this note, does not exceed any statutory or con- stitutional 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 7.1 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 here- by certify that this temporary note has been duly registered in my office according 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 4 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 (S E A L) Auditor of the State of Kansas 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 pay- ment of the actual cost and expense of said improvements described in the pre- amble 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, 1 65. ATTEST: �(,r1 _c../ c� Victor X. 4 dersen, Mayor 4/ Dorot N. Beaver, City Clerk (SEAL)