Wilson Ordinance Authorizing the Execution of KDHE Loan Agreement for Wastewater Treatment Project

(First Published in the Ellsworth County Independent/
Reporter, February 11, 2021)

ORDINANCE NO. 860
AN ORDINANCE AUTHORIZING THE EXECUTION
OF A LOAN AGREEMENT BETWEEN THE CITY OF WILSON, KANSAS AND THE STATE OF KANSAS, ACTING BY AND THROUGH THE KANSAS DEPARTMENT
OF HEALTH AND ENVIROMENT FOR THE PURPOSE OF OBTAINING A LOAN FROM THE KANSAS WATER POLLUTION CONTROL REVOLVING FUND FOR THE PURPOSE OF FINANCING A WASTEWATER TREATMENT PROJECT; ESTABLISHING A DEDICATED SOURCE
OF REVENUE FOR REPAYMENT OF SUCH LOAN;
AUTHORIZING AND APPROVING CERTAIN DOCUMANTS IN CONNECTION THEREWITH;
AND AUTHORIZING CERTAIN OTHER ACTIONS
IN CONNECTION WITH THE LOAN AGREEMENT.

WHEREAS, The Federal Water Quality Act of 1987 (the “Federal Act”) established revolving fund program for public wastewater treatment systems to assist in financing the costs of infrastructure needed to achieve or maintain compliance with the Federal Act and to protect the public health and authorized the Environmental Protection Agency (the “EPA”) to administer a revolving loan program operated by the individual states; and
WHEREAS, to fund the state revolving fund program, the EPA will make annual capitalization grants to the states, on the condition that each state provide a state match for such state’s revolving fund; and
WHEREAS, by passage of the Kansas Water Pollution Control Revolving Fund Act, K.S.A. 65-3321 through 65-3329, inclusive (the “Loan Act”), the State of Kansas (the “State”) has established the Kansas Water Pollution Control Revolving Fund (the “Revolving Fund”) for purposes of the Federal Act; and
WHEREAS, under the Loan Act, the Secretary of the Kansas Department of Health and Environment (“KDHE”) is given the responsibility for administration and management of the Revolving Fund; and
+, the Kansas Development Finance Authority (the “Authority”) and KDHE have entered into a Master Financing Indenture (‘the Master Indenture’) pursuant to which KDHE agrees to enter into Loan Agreements with Municipalities for public wastewater treatment projects (the “Projects”) and to pledge  the Loan Repayments (as defined in the Master Indenture) received pursuant to such Loan Agreements to the Authority; and
WHEREAS, the Authority is authorized under K.S.A. 74-8905(a) and the Loan Act to issue revenue bonds (“the Bonds”) for the purpose of providing funds to implement the State’s requirement under the Federal Act and to loan the same, together with available funds from the EPA capitalization grants, to Municipalities within the State for the payment of Project Costs (as said terms are defined in the Loan Act); and
WHEREAS, the City of Wilson, Kansas (the “Municipality”) is a municipality as said term is defined in the Loan Act which operates a wastewater collection and treatment system (the “System”); and
WHEREAS, the System is a public Wastewater Treatment Works, as said term is defined in the Loan Act; and
WHEREAS, the Municipality has, pursuant to the Loan Act, submitted and Application to KDHE to obtain a loan from the Revolving Fund to finance the costs of improvements to its System consisting of the following:
Construction of a project to Convert wastewater treatment system from a discharging lagoon system to a non-discharging lagoon system. (the “Project”); and
WHEREAS, the Municipality has taken all steps necessary and has complied with the provisions of the Loan Act and the provision of K.A.R. 28-16-110 to 28-16-138 (the “Regulations”) applicable thereto necessary to qualify for the loan; and
WHEREAS, KDHE has informed the Municipality that it has been approved for a loan amount of not to exceed $650,000.00 in order to finance the Project; and
WHEREAS, the governing body of the Municipality hereby finds and determines that it is necessary and desirable to accept the Loan and to enter into a loan agreement and certain other documents relating thereto, and to take certain actions required in order to implement the Loan Agreement.
THEREFORE, BE IT ORDERED BY THE GOVERNING BODY OF THE CITY OF WILSON, KANSAS:
Section 1. Authorization of Loan Agreement. The Municipality is hereby authorized to accept the Loan and to enter into a certain Loan Agreement, with an effective date of January 4, 2021, with the State of Kansas acting by and through the Kansas Department of Health and Environment (the “Loan Agreement”) to finance the Project Costs (as defined in the Loan Agreement). The Mayor and Clerk are hereby authorized to execute the Loan Agreement in substantially the form presented to the governing body this date, with such changes or modifications thereto as may be approved by the Mayor and the City Attorney, the Mayor’s execution of the Loan Agreement being conclusive evidence of such approval.
Section 2. Establishment of Dedicated Source of Revenue for Repayment of Loan. Pursuant to the Loan Act, the Municipality hereby establishes a dedicated source of revenue for repayment of the Loan. In accordance therewith, the Municipality shall impose and collect such rates, fees and charges for the use and services furnished by or through the System, including all improvements and additions thereto hereafter constructed or acquired by the Municipality as will provide System Revenues or levy ad valorem taxes without limitation as to rate or amount upon all the taxable tangible property, real or personal, within the territorial limits of the Municipality to produce amounts which are sufficient to (a) pay the cost of the operation and maintenance of the System, (b) pay the principal of and interest on the Loan as and when the same become due, and (c) pay all other amounts due at any time under the Loan Agreement; provided, however, no lien or other security interest is granted by the Municipality to KDHE on the System Revenues under this Agreement.  In the event that the System Revenues are insufficient to meet the obligations under the Loan and the Loan Agreement, the Municipality shall levy ad valorem taxes without limitation as to rate or amount upon all the taxable tangible property, real or personal, within the territorial limits of the Municipality to produce the amounts necessary for the prompt payment of the obligations under the Loan and Loan Agreement.  
In accordance with the Loan Act, the obligations under the Loan and the Loan Agreement shall not be included within any limitation on the bonded indebtedness of the Municipality.
Section 3.  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 4. Governing Law.  The Ordinance and the Loan Agreement shall be governed exclusively by and construed in accordance with the applicable laws of the State of Kansas.
Section 5.  Effective Date.  This Ordinance shall take effect and be in full force from and after its passage by the governing body of the City and publication in the official City newspaper.
PASSED by the governing body of the City on February 1, 2021 and APPROVED by the Mayor.

(SEAL)

Michael J. Peschka, Mayor

ATTEST:

Susan R. Kriley, Clerk

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