HomeMy Public PortalAboutOrd 311 GO Bonds B,1998
Gilmore & Bell, P.C.
11/23/1998
ORDINANCE NO. 3/1
OF
THE CITY OF BEL AIRE, KANSAS
PASSED
DECEMBER 1, 1998
$610,000
GENERAL OBLIGATION BONDS
SERIES B, 1998
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(PUBLISHED IN THE ARK V ALLEY NEWS ON December , 1998)
ORDINANCE NO. .3//
AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF
$610,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS, SERIES
B, 1998, OF THE CITY OF BEL AIRE, 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 is a city of the third class, duly created, organized and existing under the
Constitution and laws of the State; and
WHEREAS, pursuant to KS.A. 10-101 to 10-125, inclusive, KS.A. 10-1620 et seq. and KS.A.
12-6aO 1 et seq., 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 authorized the following improvements (the
"Improvements") to be made in the City, to-wit:
Construction of storm water sewer improvements to Kappelman's Bel Aire Heights Addition to
the City, and;
Construction of street, sewer and water improvements to Bel Aire Plaza III Addition to the City,
and;
Construction of street, sewer and water improvements to Quail Ridge Addition to the City
WHEREAS, all legal requirements pertaining to the Improvements have been complied with,
and the governing body of the City now finds and determines that the total cost of the Improvements
(including interest on temporary notes of the City and issuance costs of the Bonds) and related expenses
are at least $610,000 with all of said cost to be paid by the owners of the property within the City
benefitted by the Improvements, and that the owners of the property benefitted by the Improvements
have paid $0 in cash into the City Treasury on account of the Improvements leaving $610,000 to be paid
for by the issuance of general obligation bonds; and
WHEREAS, some of such general obligation bonds heretofore authorized have been issued and
the City proposes to issue its general obligation bonds to pay the costs of the Improvements; and
WHEREAS, the governing body of the City is authorized by law to issue general obligation
bonds of the City to pay a portion ofthe costs of the Improvements; and
WHEREAS, the governing body of the City has advertised the sale of the Bonds in accordance
with the law and at a meeting held in the City on December 1, 1998 awarded the sale of such Bonds to
the best bidder.
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NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY
OF BEL AIRE, 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 KS.A. 10-101 to 10-125,
inclusive, KS.A. 10-620 et seq. and KS.A. 12-6aOl et seq., 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 the Issuer's General Obligation Bonds, Series B, 1998, in the aggregate
principal amount of$610,000, and dated December 1, 1998, authorized by this Ordinance.
"City" means the City of Bel Aire, Kansas.
"Clerk" means the duly appointed and acting Clerk of the Issuer or, in the Clerk's absence, the
duly appointed Deputy Clerk or Acting Clerk.
"Code" means the Internal Revenue Code of 1986, as amended, and the applicable regulations
proposed or promulgated thereunder of the United States Department of the Treasury.
"Improvements" means the improvements referred to in the preamble to this Ordinance.
"Mayor" means the duly elected and acting Mayor 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.
"State" means the State of Kansas.
Section 2. Authorization of the Bonds, There shall be issued and hereby are authorized and
directed to be issued the General Obligation Bonds, Series B, 1998, of the City in the principal amount of
$610,000, for the purpose of providing funds to pay the costs of the Improvements.
Section 3. Security for the Bonds. The Bonds shall be general obligations of the City payable
as to both principal and interest from special assessments levied upon the property benefitted by the
construction of the Improvements and, if not so paid, 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 4. 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
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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 a resolution hereinafter adopted by the
governing body of the City.
Section 5, Levy and Collection of Annual Tax, The governing body ofthe 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 and/or assessments upon all of the taxable
tangible property within the City in the manner provided by law.
The taxes and/or assessments 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 and/or assessments shall be deposited in the
Bond and Interest Fund.
If at any time said taxes and/or assessments 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 and/or assessments are collected.
Section 6, Tax Covenants, The City covenants and agrees that (a) it will comply with all
applicable provisions of the Code, including Code ~ 103 and 141 through 150, necessary to maintain the
exclusion from federal gross income of the interest on the Bonds; and (b) it will not use or permit the use
of any proceeds of Bonds or any other funds of the City, nor take or permit any other action, or fail to
take any action, which would adversely affect the exclusion from federal gross income of the interest on
the Bonds. The City will also adopt such other ordinances or resolutions and take such other actions as
may be necessary to comply with the Code and with other applicable future law, in order to ensure that
the interest on the Bonds will remain excluded from federal gross income, to the extent any such actions
can be taken by the City.
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 and publication in the official City newspaper.
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PASSED by the governing body of the City on December 1, 1998 and approved and signed by
the Mayor. >_.~:
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CERTIFICATE
I hereby certify that the foregoing is a true and correct copy of the original ordinance; that said
Ordinance was passed on December 1, 1998; that the record of the final vote on its passage is found on
page _ of joumal_; and that it was published in the Ark Valley News on December ,1998.
DATED: December _, 1998
Clerk
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