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HomeMy Public PortalAboutOrd 205 GO Bonds A 1992 GILMORE & BELL 5/5/92 (PUBLISHED IN THf< ARK VALLEY NEWS ON MAY .;<.1, 1992) ORDINANCE NO. ~_O~_ AN ORDINANCE AUTHORIZING THE ISSUANCE AND DELIVERY OF $117,600 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS, SERIES A, 1992, OF BEL AIRE, KANSAS, FOR THE PURPOSF: OF PAYING THE COSTS OF CONSTRUCTING CERTAIN STREET, SEWER AND WATER IMPROVEMENTS; 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; AND MAKING CERTAIN COVENANTS WITH RESPECT THERETO. WHEREAS, the City is a city of the third class, duly created, organized and existing under the laws of the State of Kansas; and WHEREAS, pursuant to amended, and other provisions Kansas app 1 icable thereto, by governlng body of the City improvements (the "Improvements") to-wit: K.S.A. l2-6aOl et of the laws of the proceedings duly has caused the to be made in ~. as State of had, the following the City, (a) Construct pavement on Woodlawn Court from the east line of Woodlawn to and including the cul-de-sac to serve property described as: Lots 1 through 20, inclusive, Block 1, Woodlawn Court Addition; and (b) Construct a sanitary sewer main to serve property described as: Lots 1 through 20, inclusive, Block 1, Woodlawn Court Addition; and (c) Construct a water main described as: Lots 1 through 20, Woodlawn Court Addition; and to se rve inclusive, pq)perty Block 1, 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 $117,600, with all of said cost to be paid by the owners of the property within the City benefited by the Improvements, and that the owners of the property benefited by the Improvements have paid $0.00 in cash into the City Treasury on account of the Improvements leaving $117,600 to be paid for by the issuance of general obligation bonds; and WHEREAS, the governing body of the City is authorized by law to issue general obligation bonds of the City to pay the costs of the Improvements; and WHEREAS, the governing body of the City has advertised the sale of its general obligation bonds in accordance with the law and at a meeting held in the City on this date, awarded the sale of such bonds to the lowest bidder; and WHEREAS, the governing body of the City hereby finds and determines that it is necessary for the City to authorize the issuance and delivery of its general obligation bonds in the principal amount of $117,600 to pay the costs of the Improvements. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF BEL AIRE, KANSAS, AS FOLLOWS: Section 1. Definitions of Words and Terms. "Act" means the Constitution and statutes of the State of Kansas including K.S.A. 10-101 to 10-125, inclusive, K.S.A. 10-620, et ~., and K.S.A. 12-6aOl et ~., as amended and supplemented. "Bond and Interest Fund" means the Bond and Interest Fund of the City for its general obligation bonds. "Bonds" means the Series A, 1992 Ordinance in the aggregate principal dated June 1, 1992. Bonds amount authorized by of $117,600, the and "City" means Bel Aire, Kansas. "Clerk" means the duly appointed and acting Clerk or, In the Clerk I s absence, the duly appointed and/or elected Deputy Clerk or Acting Clerk of the City. "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 refer red to in the preamble to this Ordinance. "Mayor" means the duly elected and acting Mayor of the City or, in the Mayor I s absence, the duly appointed and/or elected Vice Mayor or Acting Mayor of the City. -2- 27348 "Ordinance" means this Ordinance authorizing the lssuance of the Bonds. Se~.J~jon_.~. A~~hor i za t ion ()L__ _a~Q__S~_C~lr i tL. f os~t 11~_J3()nsl_;:;. There shall be issued and hereby are authorized and directed to be issued the General Obligation Bonds, Series A, 1992, of the City in the principal amount of $117,600, for the purpose of providing funds to pay the costs of the Improvements. The Bonds shall be general obligations of the City payable as to both principal and interest from special assessments levied upon the property benefited 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 3. Terms, Details and Conditions of the Bonds. The Bonds shall be dated and bear interest, shall mature and be payable a t such times, sha 11 be in such forms, sha 11 be subj ect to redemption and payment prlor to the maturi ty 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 4. 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 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, respect i ve ly, and sha 11 be levied and co llected at the same time and in the same manner as the general ad valorem taxes of the Ci ty are levied and co llected, and the proceeds der i ved from said taxes and/or assessments shall be deposi ted ~n the Bond and Interest Fund. If at any time said taxes and/or assessments are not collected ln time to pay the principal of or interest on the Bonds when due, the Ci ty 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 5. Tax Covenants. The Ci ty covenants and ag rees that it will not take any action, or fail to take any action, if any such action or failure to take action would adversely -3- 21348 affect the exclusion from gross Income of the interest on the Bonds under Section 103 of the Code. The City covenants and ag rees tha tit wi 11 use the proceeds 0 f the Bonds a s soon as pr act icable and wi th all reasonab Ie d i spa tch for the pu rpose for which the Bonds are issued as hereinbefore set forth, and that it will not directly or indirectly use or permit the use of any proceeds of the Bonds or any other funds of the City, or take or omit to take any action that would cause the Bonds to be "arbitrage bonds" within the meaning of Section 148(a) of the Code. To that end, the City will cO[[iply with all requirements of Section 148 of the Code to the extent applicable to the Bonds. In the event that at any time the City is of the opinion that for purposes of this Section it is necessary to restrict or limit the yield on the investment of any moneys held by the City under the Ordinance, t: 2 City shall take such action as may be necessary. Section 6. Fu~ther Authority. The Mayor, Clerk and other Ci ty of f ici a Is a re he reby further autho r i zed and di rected 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 to make alter a t ions, changes 0 r additions in the foregoing agreements, statements, instruments and other documents herein approved, authorized and conf i rmed which they may approve and the execution or taking of such action shall be conclusive evidence of such necessity or advisability. Sect ion 7. Governing Law. The Ordinance shall be governed exclusively by and construed with the applicable laws of the State of Kansas. and in the Bonds accordance Section 8. effect and be in governing bOdy of n~f'~g-ap.ef(. , /0~~if~~:~~~othe I ~( 'c.:., '1~'~ '\" ~ I \, -;. J.,' :'t fn'''(. , d. ~ -< ~:., ~ ." r r I t I;,.....t ~~--)" .~,I . , ~ j. 'j ., ....' '(f\, i ~f :i I ~! '.;' , .~~.. \i>' , lr~ '~'r ' /<1 '" ,. , {> , , "\ '\.0' ATfESrr':':. 1\,' Effective Date. This Ordinance shall take full force from and after its passage by the the City and publication in the official City governing body of the City on May 19, 1992. --tJ.c',~ ~..-e e'\M;;[rh ,. /' "". 1 t,~( . ~J ~e~ -4- 27348