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HomeMy Public PortalAboutOrd 455 GO Bonds Economic Development Incentive . . . .~ ... .. Gilmore & Bell, P.C. 02/05/2007 (Published in The Ark Valley News on February ~ 2007) ORDINANCE Nlt !/Sf/-- A HOME RULE ORDINANCE OF THE CITY OF BEL AIRE, KANSAS, AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY TO PROVIDE FUNDS FOR AN ECONOMIC DEVELOPMENT INCENTIVE TO BE USED IN CONNECTION WITH THE SALE OF REAL PROPERTY FOR DEVELOPMENT IN THE CITY. WHEREAS, the governing body of the City of Bel Aire, Kansas (the "City") has considered the needs of the City for the development of real property within the corporate limits of the City to promote the stimulation and fostering of economic development in the City and its environs, all in order to enhance and provide for the general and economic development and welfare of the City and its citizens; and WHEREAS, the City has, pursuant to a lease-purchase agreement, acquired certain real property (the "Real Property") and it intends to sell portions of such Real Property in furtherance of development purposes set forth in the preceding recital; and WHEREAS, the governing body of the City has determined it advisable and in the best interests of the City to plat a certain portion of the aforementioned Real Property to ready such property for sale (the "Project") and to pay the costs thereof, estimated to be in the amount of $55,000; and WHEREAS, K.S.A. l2-l6l7h (the" Act") authorizes the City to levy a tax and expend public funds for economic development purposes, but by its terms, the Act is not the exclusive means of providing such funds and recognizes and acknowledges that the City may, in its discretion, exercise any other lawful authority to provide funds for such purposes; and WHEREAS, Article 12, 9 5 of the Constitution of the State of Kansas (the "Home Rule Amendment") empowers cities to determine their local affairs and government and provides that such power and authority granted thereby to cities shall be liberally construed for the purpose of giving to cities the largest measure of self-government; and WHEREAS, the City is a city within the meaning of the Home Rule Amendment; and WHEREAS, there is no enactment of the Kansas legislature which prohibits a city from issuing general obligation bonds to provide funds to pay for platting of certain property to ready such property for sale and to advance the City's economic development goals; and WHEREAS, the governing body of the City hereby further finds and determines that it is necessary and advisable and in the interest of the public health, safety and welfare, including economic development, of the City, to authorize by home rule ordinance the issuance of general obligation bonds of the City to provide funds to pay for the Project. KMC\40181027\HOMERULEORDINANCE . . . ., NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS: SECTION 1. Economic Development. The governing body of the City hereby fmds and determines that the Project will stimulate and foster the sale of a portion of the Real Property, and will continue to stimulate and foster economic development in the City and its environs in order to enhance and provide for the general and economic development and welfare of the City and its citizens. SECTION 2. Financing Authorization. The Project costs may be paid. in whole or in part, from the proceeds of general obligation bonds of the City (the "Bonds"), which are hereby authorized to be issued for such purposes pursuant to the authority of the Act and the Home Rule Amendment in the amount of $55,000, including associated costs of issuance. The Bonds authorized pursuant to this Ordinance are authorized to reimburse prior expenditures by the City. SECTION 3. Further Authority. The officials of the City, the City Attorney, Gilmore & Bell, P.C. as Bond Counsel and other consultants are authorized to proceed with such planning and document preparation as necessary in connection with the Project and other legal documents necessary in order to comply with the intent of this ordinance, subject to final approval of such documents by the governing body. SECTION 4. Effective Date. This Home Rule Ordinance shall be effective from and after final passage by the governing body and publication once in the official City newspaper. [BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK] KMC\40 181 O.27\HOMERULEORDrNANCE 2