HomeMy Public PortalAboutOrd 352 Home Rule Real Estate
Gilmore & Bell, P.C.
11/21/2001
(Published in The Ark Valley News on D~~ 2001)
ORDINANCE NO. JS;<
A HOME RULE ORDINANCE OF THE CITY OF BEL AIRE, KANSAS
AUTHORIZING THE PURCHASE AND ACQUISITION OF REAL
ESTATE FOR ECONOMIC AND RESIDENTIAL DEVELOPMENT
PURPOSES; AND AUTHORIZING THE ISSUANCE OF GENERAL
OBLIGATION BONDS OF THE CITY TO PROVIDE FUNDS FOR SUCH
PURPOSES.
WHEREAS, the governing body of the City of Bel Aire, Kansas (the "City") has
considered the needs of the City and its environs for the securing and development of new (1)
residential areas, (2) businesses and (3) industries, in order to enhance and provide for the
general and economic welfare of the citizens of the City; and
WHEREAS, Article 12, ~ 5 of the Constitution of the State of Kansas (the "Home Rule
Amendment") (1) empowers cities to determine their local affairs and government and (2)
provides that such power and authority granted thereby to cities (a) shall be liberally construed
for the purpose of giving to cities the largest measure of self-government and (b) shall be
exercised by ordinance, subject only to (i) enactments of the Kansas legislature of statewide
concern applicable uniformly to all cities, (ii) other enactments of the legislature applicable
uniformly to all cities, (iii) enactments of the legislature applicable uniformly to all cities of the
same class limiting or prohibiting the levying of any tax, excise, fee, charge or other action and
(iv) enactments of the legislature prescribing limits of indebtedness; and
WHEREAS, the Home Rule Amendment provides that the 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 Kansas Supreme Court has considered the Home Rule Amendment and
determined that (a) home rule legislation should be permitted to stand unless an actual conflict
exists between the home rule legislation and a state legislative enactment, or unless the legislature
has clearly preempted the field so as to preclude municipal action, and (b) legislative intent to
reserve to the state exclusive jurisdiction to regulate an area must be clearly manifested by statute
before it can be held that the state has withdrawn from the cities the power to regulate in the field
(McCarthy v. City of Leawood, 257 Kan. 566 (1995); Junction City v. Lee, 216 Kan. 495 (1975));
and
WHEREAS, the City is a city within the meaning of the Home Rule Amendment; and
WHEREAS, the governing body of the City has found and determined that it is in the
interest of the public health, safety and welfare of the City to authorize the purchase and
acquisition of certain real estate described on Schedule J attached hereto (the "Site"), upon terms
and conditions deemed advisable to the governing body of the City, as a residential and
economic development measure for the City; and
kmc\402836\home rule ord.
WHEREAS, the governing body of the City has further found and determined that it is
necessary and advisable and in the interest of the public health, safety and welfare of the City to
authorize the issuance of general obligation bonds of the City to finance the costs of purchasing
and acquiring the Site; and
WHEREAS, the governing body of the City now further finds and determines that (i) it
has no present plan or intention to use the Site in any manner that would subject it and the City to
an enactment of the Kansas legislature, (ii) there are no enactments of the Kansas legislature of
statewide concern applicable uniformly to all cities or applicable to the City relating to a city
authorizing the purchase and acquisition of real estate for economic and residential development
purposes and the issuance of general obligation bonds of a city to provide funds for such
purposes, (iii) no conflict exists between the provisions of this Ordinance and a state legislative
enactment, and (iv) the legislature has not clearly preempted, or clearly manifested its intent to
preempt, the field of land acquisition for municipal residential and economic development so as to
preclude this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE
CITY OF BEL AIRE, KANSAS:
Section 1. Authorization of Site Acquisition. The purchase and acquisition of the Site
is authorized at an estimated acquisition cost of $3,500,000, all upon terms and conditions
deemed advisable by the governing body of the City
Section 2. Authorization of Bonds. The costs of purchasing and acquiring the Site and
associated financing costs may be paid from the proceeds of the sale of general obligation bonds
of the City (the "Bonds"), which are authorized to be issued for such purposes pursuant to the
authority of the Home Rule Amendment, in an amount not to exceed $3,550,000, and which may
be issued in one or more series, in such principal amounts as are determined by subsequently
enacted ordinances of the governing body of the City.
Section 3. Reimbursement Authorization. The proceeds of such Bonds may be used
to reimburse the City for funds expended in purchasing and acquiring the Site on or after the date
that is 60 days before the date of passage of this Ordinance, as provided in U.S. Treasury
Regulations S 1.150-2.
Section 4. Effective Date. This Ordinance shall be in full force and effect from and
after its passage by a majority of the governing body of the City, its signature by the Mayor, and
its publication once in the official City newspaper as provided by law.
kmc\402836\home rule ord,
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PASSED and APPROVED by a majority of the governing body of the City of Bel Aire,
Kal(~~sand S!GNED by the Mayor this 27th day of November, 2001.
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SCHEDULE 1
A tract of land legally described as the Northwest Quarter, the Northeast Quarter
and the East half of the Southeast Quarter of Section 19, Township 26 South,
Range 2 East of the 6th P.M., Sedgwick County, Kansas, containing
approximately 388.97 acres.
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