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HomeMy Public PortalAboutOrd 040 GO Bond A 1982 (Published in THE DAILY REPORTER, on ~~;t. ~() , 1982.) ORDINANCE NO. 40 AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF BEL AIRE, KANSAS, IN THE TOTAL PRINCIPAL AMOUNT OF $853,199.00; AND PRESCRIBING THE TERMS AND DETAILS OF THE BONDS. WHEREAS, the governing body of the City of Bel Aire, Kansas, has heretofore by Resolution No. 82-3, duly adopted May 18, 1982, and published in the official city newspaper as required by law on June 10, 1982, authorized the following described improvements in the City: street improvements to NORTHFORK ADDITION, under authority of K.S.A. 12-6a01; and WHEREAS, said governing body has further heretofore by Resolution No. 82-4, duly adopted May 18, 1982, and published in the official city newspaper as required by law on June 10, 1982, authorized the following described improvement in the City: sanitary sewer extensions for Northfork Addition, under authority of K.S.A. 12-6a01; and WHEREAS, said governing body has further heretofore by Resolution No. 82-5, duly adopted May 18, 1982, and published in the official city newspaper as required by law on June 10, 1982, authorized the following described improvement in the City: water system extensions to serve Northfork Addition, under authority of K.S.A. 12-6a01; and WHEREAS, said governing body has further heretofore by Resolution No. 82-6, duly adopted May 18, 1982, and published in the official city newspaper as required by law on June 10, 1982, authorized the following described improvement in the City: waterworks system extensions, Phase I, in Kappelman's Bel Aire Heights, under authority of K.S.A. 12-6a01; and WHEREAS, said governing body has further heretofore by Resolution No. 82-7, duly adopted May 18, 1982, and published in the official city newspaper as required by law on June 10, 1982, authorized the following described improvement in the City: street improvements, Phase I, in Kappelman's Bel Aire Heights, under authority of K.S.A. 12-6a01; and WHEREAS, said governing body has further heretofore by Resolution No. 82-8, duly adopted May 18, 1982, and published in the official city newspaper as required by law on June 10, 1982, authorized the following described improvement in the City: dam, lake, floodway, and miscellaneous storm drainage in Kappelman's Bel Aire Heights, under authority of K.S.A. 12-6a01; and WHEREAS, said governing body has further heretofore by Resolution No. 82-9, duly adopted May 18, 1982, and published in the official city newspaper as required by law on June 10, 1982, authorized the following described improvement in the City: sanitary sewer extensions, Phase I, in Kappelman's Bel Aire Heights, under authority of K.S.A. 12-6a01; and WHEREAS, the total final costs of said improvements have been determined to be in the amount of $853,199.00, all of which is chargeable to and has been specially assessed against the property liable therefor, and within the time provided by law, property owners have paid none of said special assessments in cash, and it is necessary to issue bonds of the City to pay said costs; and WHEREAS, said governing body hereby finds and determines it to be necessary to authorize and provide for the issuance of General Obligation Bonds of the City of Bel Aire, Kansas, in the total principal amount of $853,199.00, for the purposes aforesaid; and further to provide for and specify the terms, details, form and conditions of the Bonds. THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: SECTION 1. For the purpose of paying the costs of various waterworks, street, storm drainage, and sanitary sewer improvements in the City of Bel Aire, Kansas, as heretofore authorized, there is hereby authorized, ordered and directed to be issued General Obligation Bonds of the City of Bel Aire, Kansas, in the total principal amount of Eight Hundred Fifty-Three Thousand One Hundred Ninety-Nine Dollars ($853,199.00). The Bonds shall be dated August 1, 1982, shall be designated Series A, 1982, shall be numbered from one (1) consecutively upward, shall be in denominations of $5,000.00 each, except Bond No.1 in denomination of $3,199.00, and shall bear interest and become due and payable as follows: INTEREST RATE MATURITY AMOUNT PER ANNUM DATE $53,199.00 11.70% August 1 , 1984 55,000.00 11.70% August 1 , 1985 55,000.00 11.40% August 1 , 1986 -2- 55,000.00 11.00% August 1 , 1987 55,000.00 11.00% August 1 , 1988 55,000.00 11.00% August 1 , 1989 55,000.00 11.00% August 1 , 1990 55,000.00 11.00% August 1 , 1991 55,000.00 11.00% August 1 , 1992 60,000.00 11.40% August 1 , 1993 60,000.00 11.70% August 1 , 1994 60,000.00 12.00% August 1 , 1995 60,000.00 12.40% August 1 , 1996 60,000.00 12.70% August 1 , 1997 60,000.00 13.00% August 1 , 1998 Interest on the Bonds at the rates aforesaid shall be payable beginning February 1, 1984, and thereafter semiannually on the first days of August and February in each year until the . principal amount of each Bond is paid. Both the principal of and interest on the Bonds shall be payable to bearer at the Office of the State Treasurer in the City of Topeka, Kansas. SECTION 2. The Bonds shall be in the usual form and shall contain the usual recitals, including a recital that they are issued under authority of K.S.A. 10-101 to 10-125, inclusive, as amended and supplemented. The Bonds shall further contain a recital that they are issued under the authority of K.S.A. 12-6a01, in order to pay the costs of various waterworks, street, storm drainage, and sanitary sewer improvements in the City. The Bonds shall be signed by the facsimile signature of the Mayor, shall have a facsimile of the seal of the City imprinted thereon, and shall be attested by the facsimile signature of the City Clerk. The interest coupons attached to the Bonds shall be printed in accordance with law, and shall be signed by the facsimile signatures of said Mayor and City Clerk. SECTION 3. The Mayor and City Clerk of the City of Bel Aire, Kansas, are hereby empowered, authorized and directed to prepare and execute the Bonds and interest coupons attached thereto, in the form and manner hereinbefore specified, without unnecessary delay; and when executed the Bonds shall be manually registered in the Office of the City Clerk and in the Office of the Treasurer of the State of Kansas, as required by law. A facsimile of the seal of the City shall be printed on each Bond opposite the City Clerk's Certificate of Registration thereon. The Bonds shall be sold as provided by law, and shall be delivered to the purchaser thereof upon receipt by the City of the full purchase price therefor, being par, premium, if any, and accrued interest from the date of the Bonds to the date of delivery; and the proceeds of the Bonds shall be used for the purpose hereinabove stated. SECTION 4. The full faith, credit and resources of the City of Bel Aire, Kansas are hereby pledged to secure the payment of the principal of and interest on the Bonds as the same severally becomes due and payable. The governing body of -3- the City shall make provision for the payment of said principal and interest on the Bonds by levying an annual tax on the property liable therefor in amounts sufficient to pay the installments of said principal and interest on the Bonds as the same accrues and becomes payable. SECTION 5. The City of Bel Aire, Kansas hereby covenants with each and all of the purchasers and holders of the General Obligation Bonds, Series A, 1982, herein authorized, that so long as any of the Bonds remain outstanding and unpaid, the City will make no use of the proceeds of the Bonds which, if such use had been reasonably expected on the date of issuance of the Bonds, would have caused the Bonds to be arbitrage bonds within the meaning of Section l03(c) of the Internal Revenue Code of 1954, as amended; and the City will comply with all applicable requirements of said Section 103(c) and the Rules and Regulations of the United States Treasury Department thereunder for so long as any of the Bonds remain outstanding and unpaid. SECTION 6. This Ordinance shall be in force and take effect from and after its passage, approval and publication once in the official city newspaper. PASSED AND APPROVED by the Governing Body of the City of Bel Aire, Kansas, on July 27 , 1982. "'''-. 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