HomeMy Public PortalAboutOrd 541 Sale of Property PBCGilmore & Bell, P.C.
5/6/2014
(Published in The Ark Valley News on May 15, 2014)
ORDINANCE NO. 54
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 purchase unencumbered fee simple title to a
portion of the Project Site at such price as the PBC and City may agree upon in writing provided that
when only a portion of the Project Site is being purchased, the governing body of the City shall authorize
such purchase by Ordinance and such Ordinance shall contain a legislative finding that such purchase will
result in use of the purchased property in a manner consistent with the 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 purchase from the PBC a portion of the Project Site (the "Sale Property"). then sell such Sale
Property to the Third Party (as defined herein) at private sale; and
WHEREAS, the governing body further finds and determines that the purchase of the Sale
Property by the City and 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
purchase from 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 City
sell the Sale Property by private sale to the Third Party. The governing body of the City finds that the
appraised value of the Sale Property is $ . The City will pay, and hereby appropriates, to
the PBC a purchase price equal to the net amount that the Third Party will pay for the Sale Property
($286,481.93). After the sale of the Sale Property, the Project Site will have more than 100 acres.
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 Unicem 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 May 6, 2014 and APPROVED AND SIGNED
by the Mayor.
(SEAL)
ATTEST:
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Mayor