HomeMy Public PortalAboutOrd 608 Issue Taxable IRBs Series 2016GILMORE & BELL, P.C.
November 23, 2016
ORDINANCE NO. 608
OF THE
CITY OF BEL AIRE, KANSAS
AUTHORIZING THE ISSUANCE OF
NOT TO EXCEED $1,000,000
TAXABLE INDUSTRIAL REVENUE BONDS
SERIES 2016
(MIDWEST SUNFLOWER LLC)
KMC\601000.70I30\ORDINANCE
(Published in The Ark Valley News, December 8, 2016)
ORDINANCE NO. 608
AN ORDINANCE AUTHORIZING THE CITY OF BEL AIRE, KANSAS TO ISSUE
ITS TAXABLE INDUSTRIAL REVENUE BONDS, SERIES 2016 (MIDWEST
SUNFLOWER LLC) FOR THE PURPOSE OF THE ACQUISITION AND
CONSTRUCTION OF A COMMERCIAL BUSINESS FACILITY; AND
AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN
CONNECTION THEREWITH.
THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS HAS FOUND AND
DETERMINED:
A. The City of Bel Aire, Kansas (the "Issuer") is authorized by K.S.A. 12-1740 et seq., as
amended (the "Act"), to acquire, construct, improve and equip certain facilities (as defined in the Act) for
commercial, industrial and manufacturing purposes, to enter into leases and lease -purchase agreements with
any person, firm or corporation for such facilities, and to issue revenue bonds for the purpose of paying the
costs of such facilities.
B. The Issuer's governing body has determined that it is desirable in order to promote,
stimulate and develop the general economic welfare and prosperity of the Issuer and the State of Kansas that
the Issuer issue its Taxable Industrial Revenue Bonds, Series 2016 (Midwest Sunflower LLC) dated Issue
Date of the Bonds in the aggregate principal amount of not to exceed $1,000,000 (the "Series 2016 Bonds"),
for the purpose of paying the costs of the acquisition and construction of a certain commercial business
facility (the "Project") as more fully described in the Bond Agreement and in the Lease authorized in this
Ordinance, for lease to Midwest Sunflower LLC, a Kansas limited liability company (the "Tenant").
C. The Issuer's governing body finds that it is necessary and desirable in connection with the
issuance of the Series 2016 Bonds to execute and deliver the following documents (collectively, the "Bond
Documents"):
(i) a Bond Agreement dated as of Issue Date of the Bonds (the "Bond Agreement"), among the
Issuer, the Tenant and KS StateBank, Wichita, Kansas (the "Bank") prescribing the terms and
conditions of issuing and securing the Series 2016 Bonds;
(ii) a Lease dated as of Issue Date of the Bonds (the "Lease"), with the Tenant, under which the
Issuer will acquire, construct and equip the Project and lease it to the Tenant in consideration of
Basic Rent and other payments; and
(iii) an Agreement for Payment in Lieu of Taxes (the "Agreement for Payment in Lieu of Taxes")
with the Tenant, under which the Tenant will make certain payments in lieu of taxes for each year
after issuance of the Series 2016 Bonds that the Project is exempt from ad valorem taxation.
D. The Issuer's governing body has found that under the provisions of K.S.A. 79-20I a Twenty -
Fourth, the Project purchased or constructed with the proceeds of the Series 2016 Bonds is eligible for
exemption from ad valorem property taxes for up to 10 years, commencing in the calendar year following
the calendar year in which the Bonds are issued, if proper application is made. The Issuer's governing body
has further found that the Project should be exempt from ad valorem property taxes for a period of five (5)
years, subject to a payment in lieu of taxes for each year of the exemption, as more particularly described in
the Agreement for Payment in Lieu of Taxes. Prior to making this determination, the governing body of the
KMC160I 000.701301ORDIN ANCE
Issuer has conducted the public hearing and reviewed the analysis of costs and benefits of such exemption
required by K.S.A. I2 -1749d.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY
OF BEL AIRE, KANSAS:
Section 1. Definition of Terms. All terms and phrases not otherwise defined in this Ordinance
will have the meanings set forth in the Bond Agreement and the Lease.
Section 2. Authority to Cause the Project to Be Purchased and Constructed. The Issuer is
authorized to cause the Project to be acquired, constructed and equipped in the manner described in the
Bond Agreement and the Lease.
Section 3. Authorization of and Security for the Bonds. The Issuer is authorized and directed to
issue the Series 2016 Bonds, to be designated "City of Bel Aire Kansas Taxable Industrial Revenue Bonds,
Series 2016 (Midwest Sunflower LLC)" in the aggregate principal amount of not to exceed $1,000,000, for
the purpose of providing funds to pay the costs of the acquisition and construction of the Project. The Series
2016 Bonds will be dated and bear interest, will mature and be payable at such times, will be in such forms,
will be subject to redemption and payment prior to maturity, and will be issued according to the provisions,
covenants and agreements in the Bond Agreement. The Series 2016 Bonds will be special limited
obligations of the Issuer payable solely from the revenues derived from the Lease of the Project. The Series
2016 Bonds will not be general obligations of the Issuer, nor constitute a pledge of the faith and credit of the
Issuer, and will not be payable in any manner by taxation.
Section 4. Authorization of Bond Agreement. The Issuer is authorized to enter into the Bond
Agreement with the Bank and the Tenant in the form approved in this Ordinance. The Issuer will issue and
sell the Bonds and provide for payment of the Bonds and interest thereon from the revenues derived by the
Issuer under the Lease and other moneys as described in the Bond Agreement, all on the terms and
conditions in the Bond Agreement.
Section 5. Lease of the Project. The Issuer will acquire, construct and equip the Project and lease
it to the Tenant according to the provisions of the Lease in the form approved in this Ordinance. The
proposed sublease of the Project to South Central Kansas Economic Development District, Inc., a Kansas
corporation (the "Subtenant") is approved by the Issuer.
Section 6. Execution of Bonds and Bond Documents. The Mayor of the Issuer is authorized and
directed to execute the Series 2016 Bonds and deliver them to the Bank for authentication on behalf of the
Issuer in the manner provided by the Act and in the Bond Agreement. The Mayor or member of the Issuer's
governing body authorized by law to exercise the powers and duties of the Mayor in the Mayor's absence is
further authorized and directed to execute and deliver the Bond Documents on behalf of the Issuer in
substantially the forms presented for review prior to passage of this Ordinance, with such corrections or
amendments as the Mayor or other person lawfully acting in the absence of the Mayor may approve, which
approval shall be evidenced by his or her signature. The authorized signatory may sign and deliver all other
documents, certificates or instruments as may be necessary or desirable to carry out the purposes and intent
of this Ordinance and the Bond Documents. The City Clerk or the Deputy City Clerk of the Issuer is hereby
authorized and directed to attest the execution of the Series 2016 Bonds, the Bond Documents and such
other documents, certificates and instruments as may be necessary or desirable to carry out the intent of this
Ordinance under the Issuer's corporate seal.
Section 7. Property Tax Exemption; Payment in Lieu of Taxes. The Project will be exempt
from ad valorem property taxes for five (5) years, commencing in the calendar year after the calendar year
KMC\6o1000.70130\ORDINANCE
2
in which the Series 2016 Bonds are issued. The Tenant will prepare the application for exemption and
submit it to the Issuer for its review. After its review, the Issuer will submit the application for exemption to
the State Board of Tax Appeals. The Issuer is authorized to enter into the Agreement for Payment in Lieu of
Taxes in substantially the form presented for review prior to passage of this Ordinance.
Section 8. Pledge of the Project and Net Lease Rentals. The Issuer hereby pledges the Project
and the net rentals generated under the Lease to the payment of the Series 2016 Bonds in accordance with
K.S.A. 12-1744. The lien created by the pledge will be discharged when all of the Series 2016 Bonds are
paid or deemed to have been paid in accordance with the terms of the Bond Agreement.
Section 9. Authority To Correct Errors, Etc. The Mayor or member of the Issuer's
governing body authorized to exercise the powers and duties of the Mayor in the Mayor's absence, the City
Clerk and any Deputy City Clerk are hereby authorized and directed to make any alterations, changes or
additions in the instruments herein approved, authorized and confirmed which may be necessary to
correct errors or omissions therein or to conform the same to the other provisions of said instruments or to
the provisions of this Ordinance.
Section 10. Further Authority. The officials, officers, agents and employees of the Issuer are
authorized and directed to take whatever action and execute whatever other documents or certificates as may
be necessary or desirable to carry out the provisions of this Ordinance and to carry out and perform the
duties of the Issuer with respect to the Series 2016 Bonds and the Bond Documents.
Section 11. Effective Date. This Ordinance shall take effect after its passage by the governing
body of the Issuer, signature by the Mayor and publication once in the Issuer's official newspaper.
[BALANCE OF THIS PAGE LEFT BLANK INTENTIONALLY]
KMCViOI000.70130\ORDIN ANCE
3
PASSED by the governing body of the Issuer on December 6, 2016 and SIGNED by the Mayor.
(SEAL)
Mayor
ATTEST:
[BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK]
KMC\60 I 000.70130\ORDINANCE
(Signature Page to Bond Ordinance)
CERTIFICATE
I hereby certify that the attached copy is a true and correct copy of Ordinance No. 608 of the City of
Bel Aire, Kansas duly passed by the governing body, signed by the Mayor and published in the official City
newspaper on the respective dates stated in this ordinance, and that the signed original of such Ordinance is
on File in my office.
[SEAL]
KMC1601000.70I 301ORDIN ANCE
(Clerk's Certificate)
(Published in The Ark Valley News on December 8, 2016)
SUMMARY OF ORDINANCE NO. 608
On December 6, 2016, the governing body of the City of Bel Aire, Kansas passed an ordinance
entitled:
AN ORDINANCE AUTHORIZING THE CITY OF BEL AIRE, KANSAS TO ISSUE
ITS TAXABLE INDUSTRIAL REVENUE BONDS, SERIES 2016 (MIDWEST
SUNFLOWER LLC) FOR THE PURPOSE OF THE ACQUISITION AND
CONSTRUCTION OF A COMMERCIAL BUSINESS FACILITY; AND
AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN
CONNECTION THEREWITH.
The Ordinance authorizes the Issuer to issue its Taxable Industrial Revenue Bonds, Series 2016
(Midwest Sunflower LLC) in the aggregate principal amount of not to exceed $1,000,000 (the "Series 2016
Bonds"), for the purpose of paying the costs of the acquisition and construction of a commercial business
facility (the "Project"), as more fully described in the Bond Agreement and in the Lease authorized by the
Ordinance. The Project will be leased by the Issuer to Midwest Sunflower LLC, a Kansas limited liability
company. In connection with the issuance of the Series 2016 Bonds, the Issuer approves a five (5) year
exemption from ad valorem property taxes for the Project, subject to certain payments in lieu of taxes.
A complete text of the Ordinance may be obtained or viewed free of charge at the office of the
City Clerk, City Hall, 7651 E. Central Park in the City. A reproduction of the Ordinance is available for
not less than 7 days following the publication date of this Summary at http://www.belaireks.org/.
This Summary is hereby certified to be legally accurate and sufficient pursuant to the laws of the
State of Kansas.
DATED: December 6, 2016.
KMC\601000.701 30\ORDINANCE