HomeMy Public PortalAboutOrd 595 Sale of Certain Property PBCGilmore & Bell, P.C.
6t1t20r6
(Published inThe Ark Valley Nau,s on J:une23,2016)
ORDINANCE NO.595
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 L,ease With Option to Purchase (the"Lease"), dated as of April l-5,20 10, pursuant to which the City leases certain real property (the "Pr.oject
Srte") from the PBC: ancr
WHEREAS, the Lease plovides 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 Oldinance shall contain a legislative finding that such purchase will
resuft in use of the purchased property in a mannel consistent with K.S.A. 12-1151 et seq., as amended,
and Charler Ordinance No. l0 of the City (the "Act") and with a commercial/industrial park facility thar 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 helein) at private sale; and
WHEREAS, the govet'ning 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 ro the Thrrd Parry will result in the
continued use of the Sale Propelty in a manner consistent with the Act, and with a commerciaVindustrial
park facility that is maintained for the public purpose of economic development.
THEREFORE, BE IT ORDAINED BY THE GO\'ERNING BODY OF THE CITY OF BEL
AIRE, KANSAS:
Section l. 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 rhe Sourh 50 feet of Lot 4, Block A,
Sunflower Commerce Park Addition, Sedgwick County, Kansas, and (b) the City sell the Sale Property by
private sale to the Third Party, or assigns of the Third Party. The governing body of the City finds that
the appraised value of the Sale Property, accolding to Sedgwick County, Kansas records, is $13,000. 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 Ploperty ($13,114). 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 necessaly to
effect the transactions described herein, among the City, the PBC, and Factory Direct Copper ancl Granite,
LLC (the "Third Pany").
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. L,ease Amendment. An amendment to the lrase, 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. Bffective 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 offrcial City
newspaper.
IBALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK-I
PASSED by the governing body of the City on June 21,2016 and APPROVED AND SIGNED
bv the Mavor.
(sEAL)
ATTEST: