The Kiowa News
(Published in the Kiowa News on April 16, 2014
and subsequently on April 23, 2014)
RESOLUTION NO. 262
A RESOLUTION OF THE CITY OF KIOWA, KANSAS; AUTHORIZING THE RESURFACING OR REPAIRING OF CERTAIN PAVED STREETS
WITHIN THE CITY; AND PROVIDING FOR THE PAYMENT OF THE COSTS THEREOF.
WHEREAS, K.S.A. 12-614 et seq. (the “Act”) provides, in part, that whenever the governing body of any incorporated city shall deem it necessary to resurface or repair any paved street or any portion thereof, which paved street was originally curbed, guttered and a base and surfacing constructed in accordance with specifications; and the surfacing of such paved street by reason of the wear and tear of traffic is in a condition which requires repairing or resurfacing in order to preserve the base of same and to provide a reasonably smooth wearing surface the same may be ordered by resolution and shall be done at the expense of the city and the payment of the cost of such resurfacing or repairing may be made by the issuance of improvement bonds of the city, provided, before such bonds shall be issued and the work begun, the resolution determining the necessity therefor shall be published once each week on the same day of the week for two (2) consecutive weeks in the official city newspaper, such resolution shall declare the necessity for and the intention of the governing body to make such improvement and shall describe in general terms the improvement to be made, the estimated cost thereof and shall designate the street or portion thereof to be improved and if within thirty (30) days after the last publication of said resolution there shall be filed in the office of the city clerk, not later than 5:00 p.m. on the last day, a protest signed by qualified electors equal in number to not less than ten percent (10%) of the electors who voted at the last preceding regular city election as shown by the poll books, an election shall be called and held within ninety (90) days after the last publication of said resolution or at the next regular city election if held within that time, or if no protest or an insufficient protest is filed or if an election is held and the proposition carries by a majority of those voting thereon, the governing body may provide for the improvement; and
WHEREAS, pursuant to the Act, the governing body of the City of Kiowa, Kansas (the “City”), deems it necessary to repair and resurface certain paved streets in the City or any portion thereof, which paved streets were originally curbed, guttered and a base and surfacing constructed in accordance with the plans and specifications therefor; and
WHEREAS, the surfacing of such paved streets by reason of wear and tear of traffic, is in a condition which requires repairing and resurfacing in order to preserve the base of same and to provide a reasonably smooth wearing surface.
THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF KIOWA, KANSAS:
Section 1. Project Authorization. It is hereby deemed and declared to be necessary to repair, reconstruct and/or resurface the streets hereinafter set forth, including pavement and associated curb and gutter repair and replacement:
Street Name Location
5th Street north of Gordon to Drumm
5th Street north of Campbell to Hopkins
KMC\601040.001\STREET REHAB PA
10th Street north of Holmes to Robinson
each of which currently has curb, gutter and an asphalt surface (the “Project”), which Project is hereby authorized to be constructed pursuant to the Act in accordance with plans and specifications therefor prepared or approved by the City Engineer and placed on file in the office of the Clerk.
Section 2. Financing Authority. The estimated costs of the Project, including construction, engineering fees, acquisition of right-of-way and easements, contingencies and administrative expenses is $225,000. A portion of the costs of the Project, interest on interim financing and associated financing costs shall be payable from the proceeds of general obligation bonds of the City issued under authority of the Act (the “Bonds”) in an amount not to exceed $225,000, with the balance of said estimated costs to be paid from available funds of the City.
Section 3. Publication Requirement. Before issuing any of the Bonds, this Resolution
shall be published once each week on the same day of the week for two (2) consecutive weeks in the official City newspaper, and if within thirty (30) days after said publication, there shall be filed with the Clerk, a written protest against the Project or the issuance of the Bonds, signed by not less than ten percent (10%) of the qualified electors of the City who voted at the last preceding regular City election, the governing body shall thereupon submit such proposed Project and the proposed Bonds to the electors of the City at a special election to be called for the purpose as provided by the Act. If no sufficient protest is filed with the Clerk within the period of time hereinbefore stated or if an election is held and the proposition carries by a majority of those voting thereon, then the governing body of the City shall proceed with the Project and the Bonds.
Section 4. Reimbursement. The Bonds may be issued to reimburse expenditures made on or after the date which is 60 days before the date of this Resolution, pursuant to Treasury Regulation § 1.150-2.
Section 5. Effective Date. This Resolution shall take effect and be in full force from and after its adoption by the governing body of the City.
ADOPTED AND APPROVED by the governing body of the City of Kiowa, Kansas, on April 7, 2014.
I hereby certify that the above and foregoing is a true and correct copy of the Resolution No. 262 of the City of Kiowa, Kansas adopted by the governing body on April 7, 2014 as the same appears of record in my office.
DATED: April 7, 2014.