HomeMy Public PortalAboutOrd 537 Sale of Property PBCGilmore & Bell, P.C.
4/2/2014
(Published in The Ark Valley News on April 17, 2014)
ORDINANCE NO. 537
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 finding 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 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 the Third Party (as defined herein) 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.
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 legally described as Lot 9, Block C and Reserve D,
Sunflower Commerce Park Addition to the City of Bel Aire, Sedgwick County, 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, among the City, the PBC, and River Cement Sales Company
d/b/a Buzzi Unicum USA, a Delaware corporation (the "Third Party"), presented herewith, which contract
is hereby approved in substantially the form presented.
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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 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.
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PASSED by the governing body of the City on April 15, 2014 and APPROVED AND SIGNED
by the Mayor.
(SEAL)
ATTEST:
Mayor
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