Special Notices

 

 

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ORDINANCE NO. 667

 

 

OF

 

 

THE CITY OF HOWARD, KANSAS

 

 

PASSED

 

 

APRIL 3, 2017

 

____________________

 

 

$1,137,000

$1,368,000

GENERAL OBLIGATION BONDS

GENERAL OBLIGATION BONDS

SERIES 2017-A

SERIES 2017-B

DATED APRIL 25, 2017

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ORDINANCE NO. 667

 

AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS, SERIES 2017-A AND GENERAL OBLIGATION BONDS, SERIES 2017-B, OF THE CITY OF HOWARD, KANSAS; PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX FOR THE PURPOSE OF PAYING THE PRINCIPAL OF AND INTEREST ON SAID BONDS AS THEY BECOME DUE; AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH; AND MAKING CERTAIN COVENANTS WITH RESPECT THERETO.

 

 

 

            WHEREAS, the City of Howard, Kansas (the “City”) is a city of the third class, duly created, organized and existing under the Constitution and laws of the State; and

 

            WHEREAS, pursuant to K.S.A. 65-163d through 65-163u, as amended, and other provisions of the laws of the State of Kansas applicable thereto, by proceedings duly had, the governing body of the City has caused the following improvements (collectively the “Improvements”) to be made in the City, to-wit:

 

Project Description

Res. No.

Authority (K.S.A.)

Amount

Water Supply System Improvements – Phase I

85

65-163d et seq.

$2,931,000

Water Supply System Improvements – Phase II

88

65-163d et seq.

2,461,000

 

 

            WHEREAS, the City has received a commitment from the United States of America, acting through the Department of Agriculture – Rural Development (“RD/USDA”) to purchase the City's General Obligation Bonds, Series 2017-A in the amount of $1,137,000, the proceeds of which, together with funds derived from grants from a RD/USDA grant in the amount of $1,294,000 and a CDBG Grant in the amount of $500,000 will be used to fund the Phase I Improvements; all pursuant to a letter of conditions dated March 23, 2015 and an approval letter dated April 9, 2015; and

 

            WHEREAS, the City has received a commitment from the RD/USDA to purchase the City's General Obligation Bonds, Series 2017-B (the “Series 2017-B Bonds” and together with the Series 2017‑A Bonds, collectively the “Bonds”) in the amount of $1,368,000, the proceeds of which, together with funds derived from grants from RD/USDA grant in the amount of $1,093,000, will be used to fund the Phase II Improvements, all pursuant to a letter of conditions dated April 20, 2015 and an approval letter dated April 21, 2015; and

 

            WHEREAS, the City desires to issue the Bonds in order to permanently finance a portion of the costs of the Improvements and to retire the following temporary notes of the City, which were issued to temporarily finance a portion of the costs of the Improvements (the “Notes”):

 

Series

Maturity

Date

Original

Amount

Redemption

Amount

Redemption

Date

2015

09/15/2019

$   600,000

$   600,000

04/26/2017

2016

09/15/2019

1,905,000

1,905,000

04/26/2017

 

 

            NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HOWARD, KANSAS, AS FOLLOWS:

 

            Section 1.   Definitions of Words and Terms.  In addition to words and terms defined elsewhere herein, the following words and terms in this Ordinance shall have the following meaning:

 

            “Act” means the Constitution and statutes of the State including K.S.A. 10-101 to 10-125, inclusive, K.S.A. 10-620 et seq., and K.S.A. 65-163d through 65-163u, as amended, all as amended and supplemented from time to time.

 

            “Bond and Interest Fund” means the Bond and Interest Fund of the City for its general obligation bonds.

 

            “Bond Resolution” means the resolution to be adopted by the governing body of the City prescribing the terms and details of the Bonds and making covenants with respect thereto.

 

            “Bonds” means collectively:  (a) the Series 2017-A Bonds; and (b) the Series 2017-B Bonds.

 

            “City” means the City of Howard, Kansas.

 

            “Clerk” means the duly appointed and acting Clerk of the City or, in the Clerk's absence, the duly appointed Deputy, Assistant or Acting Clerk.

 

            “Improvements” means the improvements referred to in the preamble to this Ordinance.

 

            “Mayor” means the duly elected and acting Mayor of the City or, in the Mayor's absence, the duly appointed and/or elected Vice Mayor or Acting Mayor of the City.

 

            “Ordinance” means this Ordinance authorizing the issuance of the Bonds.

 

            “Owner” when used with respect to any Bond means the Person in whose name such Bond is registered on the Bond Register.

 

            “Paying Agent” means the State Treasurer, and any successors and assigns.

 

            “RD/USDA” means Rural Development, United States Department of Agriculture.

 

            “Refunded Notes” means collectively the Series 2015 Notes and the Series 2016 Notes.

 

            “Series 2015 Notes” means the Issuer’s Temporary Notes, Series 2015, dated September 29, 2015.

 

            “Series 2016 Notes” means the Issuer’s Temporary Notes, Series 2016, dated April 27, 2016.

 

            “State” means the State of Kansas.

 

            Section 2.   Authorization of the 2017-A Bonds.  There shall be issued and hereby are authorized and directed to be issued the General Obligation Bonds, Series 2017-A, of the City in the principal amount of $1,137,000, for the purpose of providing funds to:  (a) pay a portion of the costs of the Improvements, including the retirement of a portion of the Refunded Notes; and (b) pay costs of issuance of the Bonds.

 

            Section 3.   Authorization of the 2017-B Bonds.  There shall be issued and hereby are authorized and directed to be issued the General Obligation Bonds, Series 2017-B, of the City in the principal amount of $1,368,000, for the purpose of providing funds to:  (a) pay a portion of the costs of the Improvements, including the retirement of a portion of the Refunded Notes; and (b) pay costs of issuance of the Bonds.

 

            Section 4.   Security for the Bonds.  The Bonds shall be general obligations of the City payable as to both principal and interest from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of the City.  The full faith, credit and resources of the City are hereby irrevocably pledged for the prompt payment of the principal of and interest on the Bonds as the same become due.

 

            Section 5.   Terms, Details and Conditions of the Bonds.  The Bonds shall be dated and bear interest, shall mature and be payable at such times, shall be in such forms, shall be subject to redemption and payment prior to the maturity thereof, and shall be issued and delivered in the manner prescribed and subject to the provisions, covenants and agreements set forth in the Bond Resolution hereafter adopted by the governing body of the City.

 

            Section 6.   Levy and Collection of Annual Tax.  The governing body of the City shall annually make provision for the payment of principal of, premium, if any, and interest on the Bonds as the same become due by levying and collecting the necessary taxes upon all of the taxable tangible property within the City in the manner provided by law.

 

            The taxes above referred to shall be extended upon the tax rolls in each of the several years, respectively, and shall be levied and collected at the same time and in the same manner as the general ad valorem taxes of the City are levied and collected, shall be used solely for the payment of the principal of and interest on the Bonds as and when the same become due and the fees and expenses of the Paying Agent.  The proceeds derived from said taxes shall be deposited in the Bond and Interest Fund.

 

            If at any time said taxes are not collected in time to pay the principal of or interest on the Bonds when due, the Treasurer is hereby authorized and directed to pay said principal or interest out of the general funds of the City and to reimburse said general funds for money so expended when said taxes are collected.

 

            Section 7.   Further Authority.  The Mayor, Clerk and other City officials are hereby further authorized and directed to execute any and all documents and take such actions as they may deem necessary or advisable in order to carry out and perform the purposes of the Ordinance, and to make alterations, changes or additions in the foregoing agreements, statements, instruments and other documents herein approved, authorized and confirmed which they may approve, and the execution or taking of such action shall be conclusive evidence of such necessity or advisability.

 

            Section 8.   Governing Law.  This Ordinance and the Bonds shall be governed exclusively by and construed in accordance with the applicable laws of the State.

 

            Section 9.   Effective Date.  This Ordinance shall take effect and be in full force from and after its passage by the governing body of the City, approval by the Mayor and publication in the official City newspaper.

 

 

            PASSED by the governing body of the City on April 3, 2017 and APPROVED AND SIGNED by the Mayor.

 

 

 

(SEAL)                                                                                     /ss/ Richard Clark                     

                                                                                                            Mayor

 

ATTEST:

 

 

 

            /ss/ Becky Oakleaf                    

                        Clerk

 

 

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RESOLUTION 17-03

 

WHEREAS, the city of Howard, Kansas, has been mandated by the United States

 

Department of Transportation to establish and regularly update a public awareness plan to

 

educate customers and non-customers who live or work near our pipelines to recognize the odor

 

of natural gas and how to respond to possible detections; and

 

WHEREAS, early recognition of natural gas odor saves lives and prevents property damage;

 

and

 

WHEREAS, it is the goal of the governing body to raise awareness of the affected public and

 

key stakeholders of the presence of buried natural gas pipelines; and

 

WHEREAS, a more informed public will play a greater role in preventing the loss of life and

 

property through a coordinated and integrated public awareness campaign; and

 

WHEREAS, the City of Howard has demonstrated management support for and has

 

allocated resources to implement a Public Awareness Program;

 

NOW, THEREFORE, BE IT RESOLVED, THE City Council for the City of Howard,

 

Kansas hereby adopts a public awareness program, the terms of which are contained in a Public

 

Awareness Program for the City of Howard, Kansas and dated March 20, 2017.

 

Passed and approved this 20 day of March 2017

 

 

Richard P. Clark

Richard Clark

Mayor

 

ATTEST

 

 

Becky Oakleaf

Becky Oakleaf

City Clerk

 

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PROCLAMATION

MAYORS DAY OF RECOGNITION FOR NATIONAL SERVICE

WHEREAS, service to others is a hallmark of the American character, and central to how we meet our challenges; and

WHEREAS, the nation’s mayors are increasingly turning to national service and volunteerism as a cost-effective strategy to meet city needs; and

WHEREAS, AmeriCorps and Senor Corps participants address the most pressing challenges facing our cities and counties, from educating students for the jobs of the 21st century and supporting veterans and military families to providing health services and helping communities recover from natural disasters; and   

WHEREAS, national service expands economic opportunity be creating more sustainable, resilient communities and providing education, career skills, and leadership abilities for those who serve; and

WHEREAS, AmeriCorps and Senior Corps participants serve in more than 60,000 locations across the country, bolstering the civic, neighborhood, and faith-based organizations that are so vital to our economic and social well-being; and

WHEREAS, national service participants increase the impact of the organizations they serve with, both through their direct service and by recruiting and managing millions of additional volunteers; and

WHEREAS, national service represents a unique public-private partnership that invests in community solutions and leverages non-federal resources to strengthen community impact and increase the return on taxpayer dollars; and

WHEREAS, national service participants demonstrate commitment, dedication, and patriotism by making an intensive commitment to service, a commitment that remains with them in their future endeavors; and

WHEREAS, the Corporation for National and Community Service shares a priority with mayors nationwide to engage citizens, improve lives and strengthen communities; and is joining with the National League of Cities, City of Service, and mayors across the country to recognize the impact of service on the Mayors Day of Recognition of National Service on April 4, 2017.

THEREFORE, BE IT RESOLVED that I Richard P. Clark, Mayor of Howard do hereby proclaim April 4, 2017, as National Service Recognition Day, and encourage residents to recognize the positive impact of national service in our city; to thank those who serve; and to find ways to give back to their communities.   

 

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City Gas rates have been increased.  The minimum charge has been increased from $19.17 to $23.17.

EFFECTIVE  February 6, 2017 ******************GAS RATES****************** ******************$15.00 ****************** *******$8.17 EACH UNIT AFTER*******
1)23.17         21)186.57      41)349.97
2)31.34         22)194.74      42)358.14
3)39.51         23)202.91      43)366.31
4)47.68         24)211.08      44)374.48
5)55.85         25)219.25      45)382.65
6)64.02         26)227.42      46)390.82
7)72.19         27)235.59      47)398.99
8)80.36         28)243.76      48)407.16
9)88.53         29)251.93      49)415.33
10)96.70       30)260.10      50)423.50
11)104.87     31)268.27      51)431.67
12)113.04     32)276.44      52)439.84
13)121.21     33)284.61      53)448.01
14)129.38     34)292.78      54)456.18
15)137.55     35)300.95      55)464.35
16)145.72     36)309.12      56)472.52
17)153.89     37)317.29      57)480.69
18)162.06     38)325.46      58)488.86
19)170.23     39)333.63      59)497.03
20)178.40     40)341.80      60)505.20

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The City of Howard is accepting applications for a full time street superintendent.  Applications available at the city office.  The city is a drug and alcohol-free work place.  Valid KS driver’s license and ability to secure a CDL is required.  Salary based on experience.  Any questions, call 620-374-2202. EOE

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DOG TAGS

City of Howard dog tags and kennel licenses are due by April 1, 2017.  There will be a $10.00 late fee added if not purchased in the month of April.  If you have four or more dogs, you will need to purchase a kennel license also.  City Ordinance No. 635 does not allow pit bull dogs in the City limits.  City Ordinance 636 requires all dogs to be on a leash or in a pen.  Dogs running loose are subject to a $120.00 fine.

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                                                            CHARTER ORDINANCE NO. 002

               A CHARTER ORDINANCE EXEMPTING THE CITY OF HOWARD, KANSAS, FROM THE

               PROVISIONS OF K.S.A. 15-201, RELATING TO THE ELECTION OF OFFICERS, THEIR

               TERMS OF OFFICE, TRANSITIONS TO NOVEMBER ELECTIONS, THE FILLING OF

               GOVERNING BODY VACANCIES, AND NOMINATION PETITIONS; AND, PROVIDING

               SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT; AND REPEALING              

               CHARTER ORDINANCE NO. 533.

 

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HOWARD, KANSAS:

 

               Section 1. The City of Howard, Kansas, by the power vested in it by Article 12, Section

5 of the Kansas Constitution hereby elects to and does exempt itself and make inapplicable to it

the provisions of K.S.A. 15-201, which applies to this city, but is part of an enactment which does

not apply uniformly to all cities.

 

               Section 2. The governing body shall consist of a mayor and five council members to be

elected to terms as set forth herein.  The mayor and council members shall be residents and

qualified electors of the City of Howard, Kansas.

 

               Section 3. Those governing body positions with terms expiring in April 2017, shall expire on the second Monday in January of 2018, when the city officials elected in the November 2017 general election take office.  Those governing body positions with terms expiring in April 2019, shall expire on the second Monday in January of 2020, when the city officials elected in the November 2019 general election take office.

 

               Section 4. General elections shall take place on the Tuesday succeeding the first Monday in November 2017.  Succeeding elections will be held every two years for all such governing body positions whose terms have expired.  A mayor and two council members shall be elected at one election, and the remaining three council members shall be elected at the succeeding election.  The mayor and all council members shall have four year terms. 

 

               Section 5. All elections for the City of Howard, Kansas shall be nonpartisan.

 

               Section 6. In case of a vacancy in the council occurring by reason of resignation, death, or removal from office or from the city, the mayor, by and with the advice and consent of the remaining council members, shall appoint an elector to fill the vacancy until the next election for that office.  In case any person elected as a council member neglects or refuses to qualify within 30 days after election, the council member shall be deemed to have refused to accept the office and a vacancy shall exist.  The mayor may, with the consent of the remaining council members, appoint a suitable elector to fill the vacancy.

 

               Section 7. In case of a vacancy in the office of mayor, the president of the council shall become mayor until the next regular election for that office and a vacancy shall occur in the office of the council member becoming mayor.

 

               Section 8. In accordance with K.S.A. 25-205, and amendments thereto, any person may become a candidate for city office elected at large by having had filed on their behalf, a nomination petition or a declaration of candidacy, accompanied by any fee required by law.  The nomination petition must be signed by 3% of the qualified electors of the City of Howard.

 

               Section 9. This Charter Ordinance shall be published once each week for two consecutive weeks in the official city newspaper.

 

               Section 10. This Charter Ordinance shall take effect 61 days after the final publication unless a sufficient petition for a referendum is filed, requiring a referendum to be held on the ordinance as provided by Article 12, Section 5, Subsection (c)(3) of the Constitution of the State of Kansas, in which case this Charter Ordinance shall become effective upon approval by the majority of the electors voting thereon.

 

               Passed by the Governing Body, not less than two-thirds of the members elect voting in favor thereof, this _16_day of     January_, 2017.

 

 

                                                                                         

                                                                                          Richard Clark

                                                                                          Mayor

              

Attest:

 

Becky Oakleaf

City Clerk

 

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