HomeMy Public PortalAboutOrd 565 Sale of Property PBC(Published in The Ark Valley News on March 26,2015)
ORDINANCE NO. 565
AII ORDINANCE AUTHORTZING TIIE SALE AND DISPOSITION OF'CERTAIN
PROPERTY TINDER A LEASE BETWEEN THE CITY OF BEL AIRE, KANSAS
AND THE CITY OF BEL AIRE, KANSAS PT]BLIC BUILDING COMIVIISSION.
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 properry 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
WHERBAS, 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 Propergr"), then sell such Sale
Propefty to the Third Party (as defined herein) at private sale; and
WIIEREAS, the governing body further finds and determines that the purchase of the Sale
Property by the City and the sale of the Sale Propefty by private sale to the Third Parry will result in the
continued use of the Sale Properly in a manner consistent with the Act, and with a commercial/industrial
park facility that is maintained for the public purpose of economic development.
TIIEREF'ORE, BE IT ORDAIIIED BY THE GOVERI\ING BODY OF THE CITY OF BEL
AIRE, KAIISAS:
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 8, Block B, Sunflower Commeice park,
an Addition to 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 Saie property is
$640. The City will pay, and hereby appropriates, to the PBC a purchase price equal to the net amount ihat
the Third Party will pay for the Sale Property ($113,500). 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 FCG, Inc. (the "Third party,,), presented
herewith, which contract is hereby approved in substantially the form presented.
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 instuments and
documents as may be necessary to effect such amendment.
Section 5. Dffective 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 March 17,2015 and APpROVED AND SIGNED
by the Mayor.
(SEAL)
ATTEST: