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HomeMy Public PortalAboutOrd 480 GO Bonds Economic Development Incentive Gilmore Bell, P.C. 04/01/2009 (Published in The Ark Valley News on April 9, 2009) ORDINANCE NO. 480 A HOME RULE ORDINANCE OF THE CITY OF BEL AIRE, KANSAS, AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY TO PROVIDE FUNDS FOR AN ECONOMIC DEVELOPMENT INCENTIVE TO BE USED IN CONNECTION WITH THE SALE OF REAL PROPERTY FOR DEVELOPMENT IN THE CITY. WHEREAS, the governing body of the City of Bel Aire, Kansas (the "City has considered the needs of the City for the development or real property within the corporate limits of the City to promote the stimulation and fostering of economic development in the City and its environs, all in order to enhance and provide for the general and economic development and welfare of the City and its citizens; and WHEREAS, the City has, pursuant to a lease purchase agreement, acquired certain real property (the "Real Property") and it intends to sell portions of such Real Property in furtherance of development purposes set forth in the preceding recital: and WHEREAS, the governing body of the City has determined it advisable and in the best interests of the City to replat a certain portion of the aforementioned Real Property to ready such property for sale (the "Project and to pay the costs thereof, estimated to be in the amount of $20,000; and WHEREAS, K.S.A. 12 -1617h (the "Act authorizes the City to levy a tax and expend public funds for economic development purposes, but by its terms, the Act is not the exclusive means of providing such funds and recognizes and acknowledges that the City may, in its discretion, exercise any other lawful authority to provide funds for such purposes; and WHEREAS, Article 12, 5 of the Constitution of the State of Kansas (the "Home Rule Amendment empowers cities to determine their local affairs and government and provides that such power and authority granted thereby to cities shall be liberally construed for the purpose of giving to cities the largest measure of self government; and WHEREAS, the City is a city within the meaning of the Home Rule Amendment; and WHEREAS, there is no enactment of the Kansas legislature which prohibits a city from issuing general obligation bonds to provide funds to pay for platting of certain property to ready such property for sale and to advance the City's economic development goals; and WHEREAS, the governing body of the City hereby further finds and determines that it is necessary and advisable and in the interest of the public health, safety and welfare, including economic development, of the City, to authorize by home rule ordinance the issuance of general obligation bonds of the City to provide funds to pay for the Project. KMC\Bel Aire \Home Rule Replatting 040109 NOW, THEREFORE, BE IT ORDAINED BY TIIE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: SECTION 1. Economic Development. The governing body of the City hereby fords and determines that the Project will stimulate and foster the sale of a portion of the Real Property, and will continue to stimulate and foster economic development in the City and its environs in order to enhance and provide for the general and economic development and welfare of the City and its citizens. SECTION 2. Financing Authorization. The Project costs may be paid, in whole or in part, from the proceeds of general obligation bonds of the City (the "Bonds"), which are hereby authorized to be issued for such purposes pursuant to the authority of the Act and the Home Rule Amendment in the amount of $20,000, including associated costs of issuance. The Bonds authorized pursuant to this Ordinance are authorized to reimburse prior expenditures by the City. SECTION 3. Further Authority. The officials of the City, the City Attorney, Gilmore Bell, P.C. as Bond Counsel and other consultants are authorized to proceed with such planning and document preparation as necessary in connection with the Project and other legal documents necessary in order to comply with the intent of this ordinance, subject to final approval of such documents by the governing body. SECTION 4. Effective Date. This Home Rule Ordinance shall be effective from and after final passage by the governing body and publication once in the official City newspaper. [BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK] KMC \BeI Aire \Home Rule Replatting 040109 2 PASSED by the governing body of the City of Bel Aire, Kansas on April 7, 2009 and APPROVED and SIGNED by the Mayor. n (SEAL) ATTEST: 7 Clerk/ KMC \BeI Aire \Home Rule Replatting 040109 3 CERTIFICATE I hereby certify that the foregoing is a true and correct copy of the original ordinance; that said Ordinance was passed on April 7, 2009; that the record of the final vote on its passage is found on page of journal and that it was published in the The Ark Valley News on April y 2009. DATED: April j 2009. r j Clerk [BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK] KMC \Bel Aire \Home Rule-- Replatting 040109 4 Gilmore Bell, P.C. u4/01/9009 EXCERPT OF MINUTES OF A MEETING OF THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS HELD ON APRIL 7, 2009 The governing body met in regular session at the usual meeting place in the City, at 7:00 p.m., the following members being present and participating, to -wit: Absent: Dave Sly The Mayor declared that a quorum was present and called the meeting to order. (Other Proceedings) Thereupon, there was presented a Home Rule Ordinance entitled: A HOME RULE ORDINANCE OF THE CITY OF BEL AIRE, KANSAS, AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY TO PROVIDE FUNDS FOR AN ECONOMIC DEVELOPMENT INCENTIVE TO BE USED IN CONNECTION WITH THE SALE OF REAL PROPERTY FOR DEVELOPMENT IN THE CITY. Thereupon, Councilmember Peggy O'Donnell moved that said Home Rule Ordinance be passed. The motion was seconded by Councilmember Teresa Reynolds. Said Home Rule Ordinance was duly read and considered, and upon being put, the motion for passage was carried by the vote of the governing body, the vote being as follows: Aye: Gary Breault, Peggy O'Donnell, Carolyn Marlier, Teresa Reynolds. Nay. None Thereupon, the Mayor declared said Horne Rule Ordinance duly passed and the Home Rule Ordinance was then duly numbered Home Rule Ordinance No. 480, was signed by the Mayor and attested by the Clerk and was directed to be published one time in the official City newspaper. r- KMC \Bel Aire \Name Rule Replatting 040109 (Other Proceedings) On motion duly made, seconded and carried, the meeting thereupon adjourned. CERTIFICATE 1 hereby certify that the foregoing Excerpt of Minutes is a true and correct excerpt of the proceedings of the governing body of the City of Bel Aire, Kansas held on the date stated therein, and that the official minutes of such proceedings are on file in my office. SEAL f��e (SEAL) iL� Clerk �l KMC \Bel Aire \Home Rule-- Replatting 040109 2