Loading...
HomeMy Public PortalAboutOrd 553 Sale of Property PBCGilmore & Bell, P.C. t0130t20t4 (Published in The Ark Valley Nerrls on November 6,2014) ORDINANCE NO. 553 AN ORDINANCE AUTHORIZING THE SALE AND DISPOSITION OF CERTAIN PROPERTY UNDER A LEASE BETWEEN THE CITY OF BEL AIRE, KANSAS AND THE CITY OF BBL 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 properry (the "project Site") frorn the PBC; and WHEREAS, the Lease provides that the City rnay purchase unencumbered fee sirnple title to a poftion of the Project Site at such price as the PBC and City rnay agree upon irr writing provided that when only a porliorr of the Project Site is being purchased, the governing body of the City shall authorize such purchase by Ordinance and such Ordinance shall contairr 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 el seq., as amended, and Charter Ordinance No. l0 of the City (the "Act") and with a commercial/industrial park facility that is nraintained for public, municipal or community purposes; and WHEREAS, tlre govertring body of the City hereby finds and determines that it is necessary and advisable to purchase frorn 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 Properly 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 tacility that is rnaintained for the public purpose of economic development. THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: Section l. Sale of Property. lt is hereby authorized, ordered and directed that (a) the City purchase from the PBC the Sale Properry, which is legally described as Lots 3 & 4, Block B, 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 $152,500.00. The City will pay, and hereby appropriates, to the PBC a purchase price equal to the net amount that the Third Parry willpay for rhe Sale Properry ($140,000.00). 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 instrurnents and documents as are necessary to effect the transactions described lrerein, among the City, the PBC, and Carlos L. Perez Sr. (the ..Third Party"), presented herewith, which contract is hereby approved in substantially the form presented. Section 3. PBC Action as a Condition. The autlrorizations 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. IBALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK] PASSED by the governing body of the City on November 4, 2014 and APPROVED AND SIGNED by the Mayor. Mayor