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HomeMy Public PortalAboutOrd 512 Sale of Property PBC Gilmore&Bell,P.C. 07/1 1/2012 (Published in The Ark Valley News on July};',2012) ORDINANCE NO. 512 AN ORDINANCE AUTHORIZING THE SALE AND DISPOSITION OF CERTAIN PROPERTY UNDER A LEASE BETWEEN THE CITY OF BEL AIRE, KANSAS AND THE CITY OF BEL AIRE,KANSAS PUBLIC BUILDING COMMISSION. WHEREAS, the City of Bel Aire, Kansas (the "City") and The City of Bel Aire, Kansas Public Building Commission (the "PBC") have heretofore entered in to a Lease With Option to Purchase (the "Lease"), dated as of April 15, 2010, pursuant to which the City leases certain real property (the "Project Site")from the PBC; and WHEREAS,the Lease provides that the City may surrender possession of a portion of the Project Site to the PBC and direct the PBC to sell or dispose of a Project Site portion at private or public sale, as directed by the City, provided that no such sale or disposition shall take effect unless the PBC authorizes such sale or disposition by Resolution, and such Resolution shall contain a legislative fading that such sale or disposition will result in use of the sold or disposed of property in a manner consistent with K.S.A. 12-1757 et seq., as amended, and Charter Ordinance No. 10 of the City (the "Act"), and with a commercial/industrial park facility that is maintained for public,municipal or community purposes; and WHEREAS, the Lease also provides that, notwithstanding the foregoing Lease provision, so long as certain PBC bonds,which are payable from Lease revenues(the"Bonds"),remain outstanding, no purchase, sale or disposition of the Project Site any portion thereof shall result in the Project Site having less than 100 acres; and WHEREAS,the governing body of the City hereby finds and determines that it is necessary and advisable to surrender possession of a portion of the Project Site (the "Sale Property") to the PBC and direct the PBC to sell or dispose such Sale Property to Century Manufacturing, Inc. (the "Third Party") at private sale; and WHEREAS, the governing body further finds and determines that the sale of the Sale Property by private sale to the Third Party will result in the continued use of the Sale Property in a manner consistent with the Act, and with a commercial/industrial park facility that is maintained for the public purpose of economic development; and WHEREAS, after the sale described herein, the Project Site will have in excess of 100 acres, and the sale proceeds generated from the sale of the Sale Property will be used to pay, redeem, defease or purchase Bonds. THEREFORE,BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE,KANSAS: Section 1. Sale of Property. It is hereby authorized, ordered and directed that (a) the City surrender to the PBC the Sale Property, which is now, or will be at the closing of the sale of the Sale KMC\601000.042\ORDINANCE TO APPROVE SALE OF PROPERTY 1 Property, legally described as Lot 5, Block B, Sunflower Commerce Park, in the City of Bel Aire, Kansas, and(b)the PBC sell the Sale Property by private sale to the Third Party. Section 2. Authorization of Instruments and Documents. The Mayor and Clerk of the City are each authorized to execute, deliver and record such instruments and documents as are necessary to effect the transactions described herein, including the Real Estate Purchase/Sale Agreement for the Sale Property. Section 3. PBC Action as a Condition. The authorizations and approvals provided in this Ordinance are subject to and conditioned upon the PBC duly acting to approve the Real Estate Purchase/Sale Agreement and to authorize the PBC actions described therein and herein. Section 4. Lease Amendment. An amendment to the Lease,to revise the Project Site description to recognize the sale of the Sale Property, is hereby authorized, and the Mayor and Clerk of the City are each authorized to execute and deliver such amendment, and to deliver and record such instruments and documents as may be necessary to effect such amendment. Section 5. Effective Date. This Ordinance shall take effect and be of force from and after its passage by the governing body of the City, approval by the Mayor and publication in the official City newspaper. [BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK] KMC\601000.042\ORDINANCE TO APPROVE SALE OF PROPERTY 2 PASSED by the governing body of the City on July 17, 2012 and APPROVED AND SIGNED by the Mayor. 1 (SEAL) MAID M � , ayor ATTEST: Cl6rk KMC\601000.042\ORDINANCE TO APPROVE SALE OF PROPERTY (Signature Page to Ordinance) Gilmore&Bell,P.C. 07/11/2012 EXCERPT OF MINUTES OF A MEETING OF THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS HELD ON JULY 17,2011 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: None 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 SALE AND DISPOSITION OF CERTAIN PROPERTY UNDER A LEASE BETWEEN THE CITY OF BEL AIRE, KANSAS AND THE CITY OF BEL AIRE,KANSAS PUBLIC BUILDING COMMISSION. Thereupon, Councilmember Gary Breault moved that said Ordinance be passed. The motion was seconded by Councilmember David Austin. Said Ordinance was duly read and considered, and upon being put,the motion for the passage of said Ordinance was carried by the vote of the governing body,the vote being as follows: Yea: Unanimous Nay: Thereupon, the Mayor declared said Ordinance duly passed and the Ordinance was then duly numbered Ordinance No.512, and was directed to be published one time in the official newspaper of the City,upon signing and approval by the Mayor and attestation by the Clerk. (Other Proceedings) [BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK] 1 On motion duly made, seconded and carried,the meeting thereupon adjourned. CERTIFICATE I 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. ZZ ~ % (SEAL) Clerk �G \ KMC\601000.042\ORDINANCE TO APPROVE SALE OF PROPERTY (Signature Page to Excerpt of Minutes)