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Home My Public Portal AboutOrd 478 Communication Equipment Lease (Published in The Ai k Valley News on March 7, 2009.) ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF A CER T AEN EQUIPMENT LEASE AGREEMENT BETWEEN THE CITY OF BEL AIRE, KANSAS, AND THE STATE OF KANSAS, ACTING BY AND THROUGH THE KANSAS DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF LEASING CERTAIN COMMUNICATION EQUIPMENT; AUTHORIZING AND APPROVING CERTAIN DOCUMENTS IN CONNECTION THEREWITH; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE EQUIPMENT LEASE AGREEMENT. WHEREAS, K.S.A. 2008 Supp. 75 -5073 et seq., (the "Act authorizes the Secretary of Transportation (the "Secretary of the State of Kansas (the "State" or "Lessor to establish a communication revolving fund to provide assistance to governmental units for certain communications projects; and WHEREAS, the City of Bel Aire, Kansas (the "Lessee is a "Governmental Unit" and a "Public Safety Agency" as said terms are defined in the Act; and WHEREAS, the governing body of the Lessee hereby finds and determines that it is necessary and desirable to enter into a certain equipment lease agreement with the State for the purposes as expressly described and set out therein (the "Equipment Lease Agreement and to complete and execute certain other documents relating thereto, and to take certain actions required in order to implement the Equipment Lease Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: Section 1. Authorization of Equipment Lease Agreement. The Lessee is hereby authorized to enter into the Equipment Lease Agreement with the State of Kansas acting by and through the Kansas Department of Transportation to lease certain communication equipment (as described and defined in said _Equipment Lease Agreement) from the Lessor. The Mayor and City Clerk are hereby authorized to execute the Equipment Lease Agreement in substantially the form presented to the governing body at its meeting held on the date of this Ordinance, with such changes or modifications thereto as may be approved by the Mayor and the Lessee's legal counsel, the Mayor's execution of the final Equipment Lease Agreement being conclusive evidence of such approval. Section 2. Further Authority. The Mayor, City Clerk, other officials and legal counsel of the Lessee 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 this 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 3. Governing Law. This Ordinance and the Equipment Lease Agreement shall be governed exclusively by and construed in accordance with the applicable laws of the State of Kansas. Section 4. Effective Date. This Ordinance shall take effect and be in full force from and after its adoption by the governing body and publication in the official city newspaper. Page 1 of 3 PASSED by the governing body of the City of Bel Aire, Kansas on March 17, 2009, and approved by the Mayor. (SEAL) Harold Mayor ATTEST: ,/e4 Vicki Bradford, City Clerk APPROVED AS TO FORM AND LEGALITY AO "JP g IPANCe Lee Parker, Cttorney KDOTLeaseord.doc Page 2 of 3 EXCERPT OF MINUTES OF A MEETING OF THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS, HELD ON MARCH 17, 2009 The Governing Body met in regular session at the City Governing Body chambers in City Hall, at Bel Aire, Kansas, the following members being present and participating, to -wit: Absent: The Mayor declared that a quorum was present and called the meeting to order. (Other Proceedings) Thereupon, there was presented an Ordinance entitled: AN ORDINANCE AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT BETWEEN THE CITY OF BEL AIRE, KANSAS, AND THE STATE OF KANSAS, ACTING BY AND THROUGH THE KANSAS DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF OBTAINING A LOAN FROM THE KANSAS TRANSPORTATION REVOLVING FUND TO FINANCE A QUALIFIED TRANSPORTATION PROJECT; ESTABLISHING A DEDICATED SOURCE OF REVENUE FOR REPAYMENT OF SUCH LOAN; AUTHORIZING AND APPROVING CERTAIN DOCUMENTS IN CONNECTION THEREWITH; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE LOAN AGREEMENT. Thereupon, moved that said Ordinance be adopted. The motion was seconded by Said document was duly read and considered, and upon being put, the motion for the said adoption of said Ordinance was carried by the vote of the Governing Body, the vote being as follows: Yes: No: Thereupon, the Mayor declared said Ordinance duly adopted and was then duly numbered No. and was signed by the Mayor and attested by the City Clerk (Other Proceedings) On motion duly made, seconded and carried, the meeting thereupon adjourned. (SEAL) Vicki Bradford, City Clerk KDOTLeaseOrd.doc Page 3 of 3 Affidavit of Publication STATE OF KANSAS, SEDGWICK COUNTY, ss. UBLIC (Published in The Ark Valley News on Lease Agreement with the State of Kansas Chris Strunk being first duly deposes and March 19, 2009.) acting by and through the Kansas Depart- g y sworn h ment of Transportation to lease certain says: That he is Publisher of The Ark Valley News, CITY OF BEL AIRE, KANSAS communication equipment (as described ORDINANCE NO. 478 and defined in said Equipment Lease formerly The Valley Center Index, a weekly newspaper Agreement) from the Lessor. The Mayor printed in the State of Kansas, and published in and of AN ORDINANCE AUTHORIZING THE and City Clerk are hereby authorized to p P EXECUTION f OF A CERTAIN EQUIP- execute the Equipment Lease Agreement general circulation in Sedgwick County Kansas, with a MENT LEASE AGREEMENT BETWEEN in substantially the form presented to the general paid circulation on a yearly basis in Sedgwick THE CITY OF BEL AIRE, KANSAS, AND governing body at its meeting held on the g p y y g THE STATE OF KANSAS, ACTING BY date of this Ordinance, with such changes County, Kansas, and that said newspaper is not a trade, AND THROUGH THE KANSAS DEPART or modifications thereto as may be ap- MENT OF TRANSPORTATION FOR THE proved by the Mayor and the Lessee's legal religious or fraternal publication. PURPOSE OF LEASING CERTAIN COM- counsel, the Mayor's execution of the final MUNICATION EQUIPMENT; AUTHORIZ- Equipment Lease Agreement being conclu- ING AND APPROVING CERTAIN DOCU- sive evidence of such approval. Said newspaper is a weekly published at least week MENTS IN CONNECTION THEREWITH; Section 2. Further Authority. The y p AND AUTHORIZING CERTAIN OTHER Mayor, City Clerk, other officials and legal ly 50 times a year; has been so published continuously ACTIONS IN CONNECTION WITH THE counsel of the Lessee are hereby an uninterruptedly tedl in said county and state for period EQUIPMENT LEASE AGREEMENT. authorized and directed to execute any p y y p and all documents and take such actions of more than five years prior to the first publication of WHEREAS, K.S.A. 2008 Supp. 75- as they may deem necessary or advisable 5073 et seq., (the "Act') authorizes the Sec- in order to carry out and perform the pur- said notice; and has been admitted at the post office of retary of Transportation (the "Secretary") of poses of this Ordinance, and to make alter- Valley State of Kansas (the "State" or "Lessor") ations, changes or additions in the forego V a Center in said County as second class matter. to establish a communication revolving fund ing agreements, statements, instruments to provide assistance to governmental units and other documents herein approved, for certain communications projects; and authorized and confirmed which they may That the attached notice is a true copy thereof and WHEREAS, the City of Bel Aire, Kan- approve, and the execution or taking of regular published in the ular and entire issue of said sas (the "Lessee is a "Governmental such action shall be conclusive evidence h g Unit' and a "Public Safety Agency" as said of such necessity or advisability. terms are defined in the Act; and Section 3. Governing Law. This Or- ne wspaper for 1. consecutive weeks, the WHEREAS, the governing body of the dinance and the Equipment Lease Agree Lessee hereby finds and determines that ment shall be governed exclusively by and it is necessary and desirable to enter into construed in accordance with the applica- first publication thereof being made as aforesaid on the a certain equipment lease agreement with ble laws of the State of Kansas. the State for the purposes as expressly de- Section 4. Effective Date. This Ord- i day of ∎rr ,ki. 2009, scribed and set out therein (the "Equipment nance shall take effect and be in full fore Lease Agreement and to complete and from and after its adoption by the govern execute certain other documents relating ing body and publication in the official city 1 with subsequent publications being made on the thereto, and to take certain actions required newspaper. in order to implement the Equipment Lease following dates: Agreement. PASSED by the governing body of NOW, THEREFORE, BE IT OR- the City of Bel Aire, Kansas on March 17, DAINED BY THE GOVERNING BODY OF 2009, and approved by the Mayor. 2009 2009 THE CITY OF BEL AIRE, KANSAS: Section 1. Authorization of Equipment Harold Smith, Mayor Lease Agreement. The Lessee is hereby ATTEST: 2009 authorized to enter into the Equipment Vicki Bradford, City Clerk 20 2009 C' r ,11M. Subscribed and sworn to before me this l day of �C-t/ 2009. PUBLiC Notary Public COMMISSIOI'J °m exeiRES ttiy b My commission expires 4 -1 19 g st ••f� c ms s fi of Kal Additional copies Printer's fee