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HomeMy Public PortalAboutOrd 266 GO Bond A 1996 Gilmore & Bell, P.c. 01/16/1996 ORDINANCE NO. ;Zit, t OF THE CITY OF BEL AIRE, KANSAS PASSED JANUARY 16, 1996 $442,000 GENERAL OBLIGATION BONDS SERIES A, 1996 KMC\401247\BASrCDOC (PUBLISHED IN ARK VAILEY NEWS ON JANUARY , 1996) ORDINANCE NO. ~ 6 b AN ORDINANCE AUTHORIZING AND DIRECTING THE ISSUANCE, SALE AND DELIVERY OF $442,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS, SERIES A, 1996, OF THE CITY OF BEL AIRE, KANSAS; PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX FOR THE PURPOSE OF PAYING THE PRINCIPAL OF AND INTEREST ON SAID BONDS AS THEY BECOME DUE; AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH; AND MAKING CERTAIN COVENANTS WITH RESPECT THERETO. WHEREAS, the City is a city of the third class, duly created, organized and existing under the Constitution and laws of the State; and WHEREAS, pursuant to K.S.A. 12-6aOl et seq. as amended, and other 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 City, to-wit: (a) Resolution No. R-94-23 - Sanitary Sewer Construct a sanitary sewer lateral to serve Lots 1 through 17 inclusive, block 1; Lots 1 through 21, inclusive, block 2; Lots 1 through 4, Block 3; all within Park Vista Addition; (b) Resolution No. R-94-24 - Water Mains Construct a water main to serve Lots 1 through 17 inclusive, block 1; Lots 1 through 21, inclusive, block 2; Lots 1 through 4, Block 3; all within Park Vista Addition; (c) Resolution No. R-94-25 - Asohaltic Concrete Paving Construct asphaltic concrete paving to serve Lots 1 through 17 inclusive, block 1; Lots 1 through 21, inclusive, block 2; Lots 1 through 4, Block 3, all within Park Vista Addition; and a part of the north 60 acres of the southwest quarter of Section 24, Township 26S, Range IE of the 6th P.M., Sedgwick County, Kansas described in Resolution No. R-94-25; (d) Resolution No. R-94-26 - Asphaltic Concrete Paving/Drainage Construct asphaltic concrete paving and incidental drainage improvements to serve Lots 1 through 17 inclusive, block 1; Lots 1 through 21, inclusive, block 2; Lots 1 through 4, Block 3; all within Park Vista Addition; and 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 KMC\401247\BASICDOC are at least $543,384 with all of said cost to be paid by the owners of the property within the City benefitted by the Improvements, and that the owners of the property benefitted by the Improvements have paid $0.00 in cash into the City Treasury on account of the Improvements and the City has contributed $101,384 of available cash in the City Treasury to pay the City's share of said cost, leaving $442,000 to be paid for by the issuance of general 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, the Issuer has not issued any of the bonds so authorized; and WHEREAS, the governing body of the City hereby finds and determines that it is necessary for the City to authorize the issuance and delivery of its general obligation bonds in the principal amount of $442,000 to pay a portion of the costs of the Improvements. WHEREAS, the governing body of the City has advertised the sale of its general obligation bonds in accordance with the law and at a meeting held in the City on this date, awarded the sale of such bonds to the lowest bidder; and NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, 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 following meaning: "Act" means the Constitution and statutes of the State of Kansas including K.S.A. 10-101 to 10-125, inclusive, K.S.A. 10-620 et seq. and K.S.A. 12-6a01 et seq., as amended and supplemented. "Bond and Interest Fund" means the Bond and Interest Fund of the City for its general obligation bonds. "Bonds" means the Issuer's General Obligation Bonds, Series 1996 in the aggregate principal amount of $442,000, and dated January 15, 1996, authorized by this Ordinance. "City" means the City of Bel Aire, Kansas. "Clerk" means the duly appointed and acting Clerk or, in the Clerk's absence, the duly appointed Deputy Clerk or Acting Clerk. "Code" means the Internal Revenue Code of 1986, as amended, and the applicable regulations proposed or promulgated thereunder of the United States Department of the Treasury. "Improvements" means the improvements referred to in the preamble to this Ordinance. "Mayor" means the duly elected and acting Mayor or, in the Mayor's absence, the duly appointed and/or elected Vice Mayor or Acting Mayor of the City. "Ordinance" means this Ordinance authorizing the issuance of the Bonds. KMa401247\BASICDOC 2 Section 2. Authorization of and Security for the Bonds. There shall be issued and hereby are authorized and directed to be issued the General Obligation Bonds, Series A, 1996, of the City in the principal amount of $442,000, for the purpose of providing funds to pay a portion of the costs of the Improvements. The Bonds shall be general obligations of the City payable as to both principal and interest from special assessments levied upon the property benefitted 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 property, 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 3. Tenus, Details 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 prescribed and subject to the provisions, covenants and agreements set forth in a resolution hereinafter adopted by the governing body of the City. Section 4. 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 property 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 the same manner as the general ad valorem taxes of the City are levied and collected, shall be used solely for the 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. Section 5. Tax Covenants. The City covenants and agrees that (1) it will comply with all applicable provisions of the Code, including Sections 103 and 141 through 150, necessary to maintain the exclusion from federal gross income of the interest on the Bonds; and (2) it will not use or permit the use of any proceeds of Bonds or any other funds of the City, nor take or permit any other action, or fail to take any action, which would adversely affect the exclusion from federal gross income of the interest on the Bonds. The City will also adopt such other ordinances or resolutions and take such other actions as may be necessary to comply with the Code and with other applicable future law, in order to ensure that the interest on the Bonds will remain excluded from federal gross income, to the extent any such actions can be taken by the City. Section 6. Further Authority. The Mayor, 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 to make KMC\40I 247\BASICDOC 3 ,..~--~---'-_.~-~_._~-----~-~_.~.,----"~-- 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 of such action shall be conclusive evidence of such necessity or advisability. Section 7. Governing Law. The Ordinance and the Bonds shall be governed exclusively by 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 and publication in the official City newspaper. KMa401247\BASICDOC 4 PASSED by the governing body of the City on January 16, 1996, and approved and signed by ':';f.~~l1'tW^Y9r. /O{, --~~.~. ',' "1 . Mo/J i~.:;'\'~~~,.~.;'~' ~ \ f1 \'( ::'" iY l,T: \ i':' ~ " ..- ,..'- i ,. \ ;' \, .. .:~. '...r '. ,,1. .\ I r' ,', \") " t- --- ' ,lXt E<;1i~ 1 ,,~ ' ",\ \ 3"1" ,. .'1.,' ,- II..{ ; " n <,.',\ -~.~~L>i>.oU" ~ '.L~ ayor ~VY" / t::lat1 Clerk APPROVED AS TO FORM ONLY. /- ~-j-/ . / // ,,' ~/ ... ,>:" ~'-'--/ -- . <:../ /--..,., l-. ( City Attorney KMC\401247\BASICDOC 5 CERTIFICATE I, the undersigned, hereby, certify that the above and foregoing is a true and correct copy of the original Ordinance No. (the "Ordinance") of the City of Bel Aire, Kansas (the "City"); that said Ordinance was passed by the governing body on January 16, 1996; that the record of the final vote on its passage is found on page _ of journal _; that it was published in the official newspaper of the City on , 1996; and that the Ordinance has not been modified, amended or repealed and is in full force and effect as of this date. DATED: . 1/ -! . /' ")4-?t-L--t2,v/1 /' {~t.at / Clerk KMC\401247\BASICDOC 6