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HomeMy Public PortalAboutOrd 605 GO Bonds Series 2016AGilmore & Bell, P.C. r0t24/20r6 ORDINANCE NO.605 OF THE CITY OF BELAIRE, KANSAS PASSED NOVEMBER 1,2016 GENERAL OBLIGATION BOI\DS SERIES 2016A KMC\60 I OOO.70143\BASICDOCS (PUBLISHED IN THE THE ARK VALLEY NEZS ON NOVEMBER 3, 2016) ORDINANCB NO.605 AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE OFGENERAL OBLIGATION BONDS, SERIES 2016A, OF THE CITY OF BELAIRE' KANSAS; PROVIDING FOR THE LEVY AND COLLECTION OF ANANNUAL TAX F'OR THE PURPOSE OF PAYING THE PRINCIPAL OF ANDINTEREST ON SAID BONDS AS THEY BECOME DUE; AUTHORIZINGCERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTIONTHEREWITH; AND MAKING CERTAIN COVENANTS WITH RESPECT THERETO. WHEREAS, the City of Bel Aire, Kansas (the "City" and "lssuer") is a city of the second class,dufy created, organized and existing under the Constitution and laws of the State; and WHEREAS, pursuant to K.S.A. 12-6a01 et seq. and K.S.A. 12-6a26 et seq., as amended, andother provisions of the laws of the State of Kansas applicable thereto, by proceedings duly had, the governing body of the City has caused the following improvements (the "Improvements;') to be made in the Citv. to-wit: Proiect Description Courtyards at Elk Creek Sewer Water Paving Rock Spring Addition-Phase 3 Paving Sanitary Sewer Sidewalk Water Distribution lltolff Addition Water Distribution Sanitary Sewer Ord./Res. No. Authoritv (K.S.A.) Cost R-13-10 K.S.A. 12-6a01et seq. R-13-13 K.S.A. l2-6a01et seq.R-13-16 K.S. A. 12-6a01 et seq. R-13-29 K.S.A. 12-6a01et seq. R-13-30 K.S.A. 12-6a01 et seq.R-13-31 K.S. A. l2-6a01 et seq.R-13-32 K.S.A. l2-6a01et seq. R-13-34 K.S.A. 12-6a01 et seq. R-13-35 K.S.A. l2-6a01et seq. R-13-37 K.S.A. 12-6a01et seq. R-13-39 K.S.A. 12-6a01et seq. R-13-40 K.S.A. 12-6a01et seq.R-13-41 K.S.A. l2-6a01et seq. Tierra Verde Addition Storm Water Sewer and Drainage R-13-36 K.S.A. l2-6a01et seq. $ 148,641 .03 79,027.59 350,919.47 320,929.93 92,622.92 23,749.65 85,072.38 78,333.95 41,'t07.76 792,308.83 514,99L43 296,770.20 46,240.41 57,993.46 350,919.41 320,929.93 92,622.92 23,',|49.65 85,072.38 78,333.95 41,707.76 792,309.93 Street Lycee Heights Addition Paving Sanitary Sewer Water Line Extension ; and KMC\6OI OOO 7O I 43\BASICDOCS WHEREAS, all legal requirements pertaining to the Improvements have been complied with, and the governing body of the City now finds and determines that the total cost of the Improvements(including interest on temporary notes of the City and issuance costs of the Bonds) and related expenses are at least $2,948,810.46, with all of such amount to be paid by the owners of the property within theCity benefited by the Improvements, except for $3,811.31to be paid by the City at-large; and that the owners of the properry benefited by the lmprovements have paid $3,8 1 I .3 I in .urh into th; C iry Treasuryon account of the Improvements, and there will be$124,999.15 available in the City Treasury premium on the sale of the Bonds, to pay part of said cost, leaving $2,820,000 to be paid foi Uy the issuance ofgeneral obligation bonds; and WHEREAS, the governing body of the City is authorized by law to issue general obligation bonds of the City to pay the costs of the Improvements; and WHEREAS, none of such general obligation bonds heretofore authorized have been issued and the city proposes to issue its generalobligation bonds in the amount of $2,g20,000 to pay the costs of the Improvements; and WHEREAS, the governing body of the City has advertised the sale of the Bonds in accordancewith the law and at a meeting held in the City on this date awarded the sale of such Bonds to the best bidders. NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BELAIRE, KANSAS, AS FOLLOWS: Section 1. Definitions of Words and Terms. In addition to words and terms defined elsewhere herein, the following words and terms in this Ordinance shall have the meanings hereinafter set forth. Unless the context shall otherwise indicate, words importing the singular number shall include the plural and vice versa, and words importing persons shall include firms, associations and corporations, including public bodies, as well as natural persons. 56Act" means the Constitution and statutes incfusive, K.S.A. 10-620 et seq. and K.S.A. l2-6a01 to time. of the State including K.S.A. l0-l0l to 10-125, el seq., all as amended and supplemented from time "Bond and Interest Fund" means the Bond and Interest Fund of the City for its general obligation bonds. "Bond Resolution" means the resolution to be adopted by the governing body of the City prescribing the terms and details of the Bonds and making covenants with respect therito. "Bonds" means the General Obligation Bonds, Series 2016A, authorized and issued by the Issuer pursuant to this Ordinance. "City" means the City of Bel Aire, Kansas. "Clerk" means the duly appointed and acting Clerk of the City or, in the Clerk's absence, the duly appointed Deputy, Assistant or Acting Clerk. "Improvements" means the improvements referred to in the preamble to this Ordinance. KMC\6OIOOO 7oI43\BASICDOCS 1 "Mayor" means the duly elected and acting Mayor of the City or, in the Mayor's absence, theduly appointed and/or elected Vice Mayor or Acting Mayor of the Ciqr. "Ordinance" lneans this Ordinance authorizing the issuance of the Bonds. "Refunded Notes" means the Series 2013ENotes. "Refunded Notes Maturity Date" means December 1,2016. "Series 20138 Notes" means the City's General Obligation Temporary Notes, Series 2013E, dated December 19, 2013. '6State" means the State of Kansas. Section 2. Authorization of the Bonds. There shall be issued and hereby are authorized and directed to be issued the General Obligation Bonds, Series 2016A, of the City in the principal amount of $2,820,000, for the purpose of providing funds to: (a) pay a portion of the costs of the Improvements, including capitalized interest on the Series 20l6ABonds; (a) pay a portion of the costs of issuance of the Bonds; and (b) retire a portion of the Refunded Notes. Section3. Security forthe Bonds. The Bonds shall be general obligations of the City payable as to both principal and interest from special assessments levied upon the property benefited by the construction of the Improvements and, if not so paid, from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible properly, real and personal, within the territorial limits of the City. The full faith, credit and resources of the City are hereby irrevocably pledged for the prompt payment of the principal of and interest on the Bonds as the same become due. Section 4. Terms, Detaits and Conditions of the Bonds. The Bonds shall be dated and bear interest, shall mature and be payable at such times, shall be in such forms, shall be subject to redemption and payment prior to the maturity thereof, and shall be issued and delivered in the manner prescribei and subject to the provisions, covenants and agreements set forth in the Bond Resolution hereafter adopted by the governing body of the City. Section 5. Levy and Collection of Annual Tax. The governing body of the City shall annually make provision for the payment of principal of, premium, if any, and interest on the Bonds as the same become due by levying and collecting the necessary taxes and/or assessments upon all of the taxable tangible properfy within the City in the manner provided by law. The taxes and/or assessments above referred to shall be extended upon the tax rolls in each of the several years, respectively, and shall be levied and collected at the same time and in tne same manner as the general ad valorem taxes of the City are levied and collected, shall be used solely forthe payment of the principal of and interest on the Bonds as and when the same become due and the fees and expenses of the Paying Agent. The proceeds derived from said taxes and/or assessments shall be deposited in the Bond and Interest Fund. If at any time said taxes and/or assessments are not collected in time to pay the principal of or interest on the Bonds when due, the Treasurer is hereby authorized and directed to pay said principal or interest out of the general funds of the City and to reimburse said general funds for money so expended when said taxes and/or assessments are collected. KMC\60 I OOO 7O I 43\BASICDOCS Section 6. tr'urther Authority. The Mayor, Finance Director, Clerk and other City officials are hereby further authorized and directed to execute any and all documents and take such actions as they may deem necessary or advisable in order to carry out and perform the purposes of the Ordinance, and to make alterations, changes or additions in the foregoing agreements, statements, instruments and other documents herein approved, authorized and confirmed which they may approve, and the execution or taking ofsuch action shall be conclusive evidence ofsuch necessity or advisability. section 7. Governing Law. This ordinance and the Bonds shalr be soverned exclusivelv bv and construed in accordance with the applicable laws of the State. Section 8. Effective Date. This Ordinance shall take effect and be in full 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] KMC\60 I OOO.TOI 43\BASICDOCS PASSED by the governing body of the City on November t,2O16 and AppROVED ANDSIGI{ED by the Mayor. (SEAL) ATTEST: [BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK] (Signature Page to Bond Ordinance) KMC\60 10m.70 143\BASICDOCS CERTIFICATE I hereby certifu that the foregoing is a true and correct copy ofthe original ordinance; that saidOrdinance was passed on November 1,2016 that the record of tne final vote o-n it, purruge is on file inthe office of the city clerk; and that it was published in the The Ark valleyNeps on November 3,2016. DATED: November 1.2016 [BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK] KMC\60 l 000. 70 I 43\BASTCDOCS (Signature Page to Bond Ordinance Certificate) (PUBLISFTED IN THE THE ARK VALLEY NEZ^S ON NOVEMBER 3, 2016) entitled: SUMMARY OF ORDINANCE NO.605 on November 1,2016, the governing body of the City of Bel Aire, Kansas passed an ordinance AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF'GENERAL oBLTcATIoN BONDS, SERIES 2016A oF THE cITy oF BELAIRE' KANSAS; PROVIDING FOR THE LEVY AND coLLECTIoN oF'ANANNUAL TAX FOR THE PURPOSE OF PAYING THE PRINCIPAL OF ANDINTEREST ON SAID BONDS AS THEY BECOME DUE; AUTHORIZINGCERTAIN OTHER DOCUMBNTS AND ACTIONS IN CONNECTIONTHEREWITH; AND MAKING CERTAIN COVENANTS WITH RESPECTTHERETO. The Series 2016A Bonds approved by the ordinance are being issued in the principal amount of$2,820,000* to finance certain improvementi in the city, and constitute general obligations of the Citypayable as to both principal and interest from special assessments and, to the extent necessary from advalorem taxes which may be levied without limitation as to on all the taxable tangibleproperry, real and personal, within the territorial limits of the text of the Ordinance'maybe obtained or viewed free of charge at the office of the Ci Central park Avenue, BelAire, Kansas 67226. A reproduction of the ordinance is available for not less than 7 days following thepublication date of this Summary at .ireks.org. This Summary is hereby certified to be legally accurate and sufficient pursuant to the laws of theState of Kansas. DATED: November 1,2016. KMC\60 I OOO.TOI 43\BASICDOCS