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HomeMy Public PortalAboutOrd 243 GO Bonds A 1994 Gilmore & Bell, P.C. 05/09/1994 ORDINANCE NO. :{ '13 OF THE CITY OF BEL AIRE, KANSAS ADOPTED MAY 17, 1994 $610,575.60 GENERAL OBLIGATION BONDS SERIES A, 1994 JLNI400760IBASICDOC (PUBLISHED IN THE ARK VALLEY NEWS ON MAY 19, 1994) ORDINANCE NO. ;l 't 3 AN ORDINANCE AUTHORIZING THE ISSUANCE AND DELIVERY OF $610,575.60 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS, SERIES A, 1994, OF THE CITY OF BEL AIRE, KANSAS; PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX FOR THE PURPOSE OF PAYING THE PRINCIPAL OF AND INTEREST ON SAID BONDS AS THEY BECOME DUE; AND MAKING CERTAIN COVENANTS WITH RESPECT THERETO. WHEREAS, the City is a city of the third class, duly created, organized and existing under the laws of the State of Kansas; and WHEREAS, pursuant t{) K.S,A. 12-6aOl et seq, as amended, and other provisions of the laws of the State of Kansas applicable thereto, by proceedings duly had, the governing body of the City has caused the following improvements (the "Improvements") to be made in the City, to-wit: (a) Construction of pavement to serve the property described as: SUMMIT HILL, Lots 17 through 35, inclusive, Block 1, Lots 11 through 17, inclusive, Block 2, Lots 1 through 7, inclusive, Block 3 and Lots 1 and 2, Block 4 (Resolution No. R-92-07); (b) Construction of a sanitary sewer main to serve the property described as: SUMMIT HILL, Lots 17 through 41, inclusive, Block 1, Lots 50 through 56, inclusive, Block 1, Lots 1 through 7, inclusive, Block 3 and Lots 1 and 2, Block 4 (Resolution No. R-92-1O); ( c) Construction of a storm water sewer to serve the property described as: SUMMIT HILL, Lots 12 through 35, inclusive, Block 1, Lots 7 through 17, inclusive, Block 2, Lots 1 through 7, inclusive, Block 3 (Resolution No, R-92-12 and R-93-17); (d) Construction of a water main to serve the property described as: SUMMIT HILL, Lots 17 through 35, inclusive, Block 1, Lots 11 through 17, inclusive, Block 2, Lots 1 through 7, inclusive, Block 3 and Lots 1 and 2, Block 4 (Resolution No. R-92-15); (e) Construction of pavement to serve the property described as: NORTHFORK SECOND ADDITION, Lots 1 through 5, inclusive, Block 1 (Resolution No. R-93-02); (t) Construction of a water main to serve the property described as: NORTHFORK SECOND ADDITION, Lots 1 through 8, inclusive, Block 1 (Resolution No. R-93-04); JLN\400760\BASICDOC (g) Construction of a storm water sewer to serve the property described as: Lots 1 through 20, inclusive, Block 1, Willow Point Courts Addition (Resolution No. R-92-1O and R-93-18); (h) Construction of a sanitary sewer main to serve the property described as: Lots 1 through 20, inclusive, Block 1, Willow Point Courts Addition (Resolution No. R-93-11); (i) Construction of pavement to serve the property described as: Lots 1 through 20., inclusive, Willow Point Courts Addition (Resolution No. R-93-12); and (j) Construction of a water main to serve the property described as: Lots 1 through 20, inclusive, Block 1, Willow Point Courts Addition; AND a tract of land lying in the Northwest Quarter of Section 25, Township 26 South, Range 1 East of the 6th P.M" Sedgwick County, Kansas more particularly described as follows: Beginning at the Southwest corner of Lot 1, Block 1, Willow Point at Eagle Lake, an addition to Bel Aire, Sedgwick County, Kansas; thence West along the North line of said Willow Point Road; thence North 347 feet parallel and 50 feet East of the West line of said Northwest Quarter; thence East 610 feet to a point on the extended West line of said Lot 1; thence South 360 feet along said extended West line, to the point of beginning (Resolution No. R-93-13); and WHEREAS, all legal requirements pertaining to the Improvements have been complied with, and the governing body of the City now finds and determines that the total cost of the Improvements (including interest on temporary notes of the City and issuance costs of the Bonds) and related expenses are at least $610,575.60, with $610,575,60 of said cost to be paid by the owners of the property within the City benefitted by the Improvements, and that the owners of the property benefitted by the Improvements have paid $-0- in cash into the City Treasury on account of the Improvements, leaving $610,575.60 to be paid for by the issuance of general obligation bonds; and WHEREAS, the governing body of the City is authorized by law to issue general obligation bonds of the City to pay the costs of the Improvements; and WHEREAS, the governing body of the City has advertised the sale of its general obligation bonds in accordance with the law and at a meeting held in the City on this date, awarded the sale of such bonds to the lowest bidder; and WHEREAS, the governing body of the City hereby finds and determines that it is necessary for the City to authorize the issuance and delivery of its general obligation bonds in the principal amount of $610,575.60 to pay the costs of the Improvements, NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS, AS FOLLOWS: Section 1. Definitions of Words and Terms. "Act" means the Constitution and statutes of the State of Kansas including K.S.A. 10-101 to 10-125, inclusive, K.S.A. 10-620 et seq. and K.S.A. 12-6aOl et seq., as amended and supplemented. JLN\400760\BASICDOC 2 "Bond and Interest Fund" means the Bond and Interest Fund of the City for its general obligation bonds. "Bonds" means the Issuer's General Obligation Bonds, Series A, 1994, authorized by the Ordinance in the aggregate principal amount of $610,575.60, and dated May 1, 1994. "City" means the City of Bel Aire, Kansas. "Clerk" means the duly appointed and acting Clerk or, in the Clerk's absence, the duly appointed and/or elected Deputy Clerk or Acting Clerk of the City. "Code" means the Internal Revenue Code of 1986, as amended, and the applicable regulations proposed or promulgated thereunder of the United States Department of the Treasury, "Improvements" means the improvements referred to in the preamble to this Ordinance. "Mayor" means the duly elected and acting Mayor of the City or, in the Mayor's absence, the duly appointed and/or elected Vice Mayor or Acting Mayor of the City. "Ordinance" means this Ordinance authorizing the issuance of the Bonds. Section 2. Authorization of and Security for the Bonds, There shall be issued and hereby are authorized and directed to be issued the General Obligation Bonds, Series A, 1994, of the City in the principal amount of $610,575,60, for the purpose of providing funds to pay the costs of the Improvements. The Bonds shall be general obligations of the City payable as to both principal and interest from special assessments levied upon the property benefitted by the construction of the Improvements and, if not so paid, from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of the City. The full faith, credit and resources of the City are hereby irrevocably pledged for the prompt payment of the principal of and interest on the Bonds as the same become due, Section 3. Tenns, Details and Conditions of the Bonds. The Bonds shall be dated and bear interest, shall mature and be payable at such times, shall be in such fonTIS, shall be subject to redemption and payment prior to the maturity thereof, and shall be issued and delivered in the manner prescribed and subject to the provisions, covenants and agreements set forth in a resolution hereinafter adopted by the governing body of the City. Section 4. Levy and Collection of Annual Tax, The governing body of the City shall annually make provision for the payment of principal of, premium, if any, and interest on the Bonds as the same become due by levying and collecting the necessary taxes and/or assessments upon all of the taxable tangible property within the City in the manner provided by law. The taxes and/or assessments above referred to shall be extended upon the tax rolls in each of the several years, respectively, and shall be levied and collected at the same time and in the same manner as the general ad valorem taxes of the City are levied and collected, and the proceeds derived from said taxes and/or assessments shall be deposited in the Bond and Interest Fund. JLNI400760IBASICDOC 3 If at any time said taxes and/or assessments are not collected in time to pay the principal of or interest on the Bonds when due, the City Treasurer is hereby authorized and directed to pay said principal or interest out of the general funds of the City and to reimburse said general funds for money so expended when said taxes and/or assessments are collected. Section 5. Tax Covenants, The City covenants and agrees that (1) it will comply with all applicable provisions of the Code, including Sections 103 and 141 through 150, necessary to maintain the exclusion from gross income for federal income tax purposes of the interest on the Bonds; (2) it will comply with all requirements of Section 148 of the Code to the extent applicable to the Bonds, (3) it will use the proceeds of the Bonds as soon as practicable and with all reasonable dispatch for the purposes for which the Bonds are issued, (4) it will not invest or directly or indirectly use or permit the use of any proceeds of the Bonds or any other funds of the City in any manner, or take or omit to take any action, that would cause the Bonds to be "arbitrage bonds" within the meaning of Section 148(a) of the Code; and (5) it will not use or permit the use of any proceeds of Bonds or any other funds of the City nor take or permit any other action, or fail to take any action, if any such action or failure to take action would adversely affect the exclusion from gross income ofthe interest on the Bonds. The City will, in addition, adopt such other ordinances or resolutions and take such other actions as may be necessary to comply with the Code and with all other applicable future laws, regulations, published rulings and judicial decisions, in order to ensure that the interest on the Bonds will remain excluded from federal gross income, to the extent any such actions can be taken by the City. The City covenants and agrees that it will not use any portion of the proceeds of the Bonds, including any investment income earned on such proceeds, directly or indirectly, in a manner that would cause any Bond to be a "private activity bond" within the meaning of Section 141(a) of the Code. Section 6. Further Authority. The Mayor, Clerk and other City officials 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 the Ordinance 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 7. Governing Law. The Ordinance and the Bonds shall be governed exclusively by and construed in accordance with the applicable laws of the State of Kansas. JLN\400760\BASICDOC 4 Section 8. Effective Date. This Ordinance shall take effect and be in full force from and after its passage by the governing body of the City and publication in the official City newspaper. . i' r' r: ' "4 O~ <P^,S8ED by the governing body of the City on May 17, 1994. ". :A\ '/ -, ," " ! I r' /,'f \; I.J'" . / vf.' ,,t, 'I' 'I" ~, (' "'" 'c- - . / ! \ _'. , . IrJ { ",. ~......, \, ,." _ -. · f . , . ~, (~~bJJrITYF ('~ \'", . \~..-:- ",.::::'-"f >( ~vf d: '.... *~ -; -.. Tj I ,~, ,". :,' :. ",", ... \ ~ I,. '- . : l ,r . .\ . \~l;; ATT~~:; r , ,,~ :~;: ., ~'r'l!'I'\\'" ;: ... ~~}) ~~~-b1 - Mayor v u-d ~ ~Z$1 C rk APPROVED AS TO FORM ONLY. City Attorney APPROVED by the Mayor this 17th day of Ma>" 1994. VI ".. <(r~ vefr I' t- 0/ , ayor Iff\..." CERTIFICATE I, the undersigned, hereby, certify that the above and foregoing is a true and correct copy of the Ordinance No, :2 '13 (the "Ordinance") of the City of Bel Aire, Kansas, adopted by the governing body on May 17, 1994 as the same appears of r~cord in my office, and that the Ordinance has not been modified, amended or repealed and is in full force and effect as of this date. DATED: May 17, 1994. 1:JAur / ~72U Clerk JLNI400760IBASICDOC 5