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83-3634 Auth Central Mall IRB1 L 1 RESOLUTION NO. 83-363..4 REVENUE BOND RESOLUTION WHEREAS, The City of Salina, Kansas (the "City"), a body politic and corporate and a political subdivision of the State of Kansas is authorized and empowered by the provisions of the Kansas Statutes Annotated, Sections 12-1740 et seq., as amended (the "Act"), to finance a project, as that term is defined in the Act, and to issue its revenue bonds for the purpose of paying the cost of financing a project; and WHEREAS, (i) WFT A Land Co., a Kansas general partner- ship, (ii) WFT B Land Co., a Kansas limited partnership, (iii) Penn Land Co.., a Kansas limited partnership, (iv) Dill Land Co., a Kansas limited partnership, (v) Bell Land Co., a Kansas limited partnership, and (vi) Future Land Co., a Kansas limited partnership (the "Companies"), have requested the City to issue its revenue bonds pursuant to provisions of the Act for the purpose of financing certain commercial and retail facilities comprising a shopping center (the "Project"), for the Companies at an aggregate cost now estimated not to exceed $24,600,000; and WHEREAS, under the Act the City has been requested to finance the cost of the Project by the issuance of the City's Revenue Bonds (i) (WFT A Land Co.'s Central Mall Project) Series 1983 in an amount now estimated not to exceed, $10,000,000.00; (ii) (WFT B Land Co.'s Central Mall Project) Series 1983 in an amount now estimated not to exceed $1,000,000.00; (iii) (Penn Land Co.'s Central Mall Project) Series 1983 in an amount now estimated not to exceed $3,500,000.00; (iv) (Dill Land Co.'s Central Mall Project) Series 1983 in an amount now estimated not to exceed $5,000,000.00; (v) (Bell Land Co.'s Central Niall Project) Series 1983 in an amount now estimated not to exceed.$2,550,000.00; and (vi) (Future Land Co.'s Central Mall Project) Series 1983 in an amount now estimated not to exceed $2,.550,000.00 (.collectively, the "Bonds"); and WHEREAS, it is intended that the Project will be leased to and operated by the Companies under separate Lease Agreements; and WHEREAS, the Bonds, if issued by the City, would be payable solely out of the rentals, revenues and receipts .i. derived from the leasing of the Project from the City to the Companies; and WHEREAS, before the Bonds may be issued, it is neces- sary to conduct a public hearing on the proposal to issue the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SALINA, KANSAS: Section 1. A public hearing shall be conducted at a special meeting on March 24, 1983 at 1:30 P.M., before the City Commission in the Salina Community Theater, 303 East Iron Avenue, in the City of Salina, Kansas, on the proposal to issue the Bonds, pursuant to the provisions of the Act, for the purpose of defraying all or a portion of the cost of acquiring, construction, installing and equipping the Project including necessary expenses incidental thereto, and all local residents who appear at such hearing shall be given an opportunity to express their views for or against the proposal to issue the Bonds; and at said hearing, or any adjournment thereof, this City Commission shall adopt a resolution determining whether or not to proceed with the issuance of the Bonds. Section 2. The City Clerk of the City is hereby directed to publish one-time, not less than fifteen (15) days prior to the date fixed for such hearing, in The Salina Journal, a legal newspaper published and having a general circulation within the City, a Notice of Intention to Issue the Bonds in substantially the following form: NOTICE OF INTENTION TO ISSUE REVENUE BONDS (CENTRAL MALL PROJECT) Notice.is hereby given that a special public hearing will be conducted before the City Commission of the City of Salina, Kansas, in the Salina Community Theater, 303 East Iron Avenue, in the City of Salina, Kansas, a 1:30 P.M. o'clock on March 24, 1983, on the proposal to issue (i) not more than $10,000,000.00 aggregate principal amount of the City's Revenue Bonds (WFT A Land Co.'s Central Mall Pro- ject); (ii)- not more than $1,000,000.00 aggregate principal amount of the City's Revenue Bonds (WFT B Land Co.'s Central Mall Project); (iii) not more than $3,500,000.00 aggregate principal amount of the City's Revenue Bonds (Penn Land Co.'s Central Mall Project); (iv) not more than $5,000,000.00 aggregate principal amount of the City's Revenue Bonds (Dili Land Co.'s Central Mall Project); (v) not more than $2,550,000.00 aggregate principal amount of the City's Revenue Bonds (Bell Land Co.'s Central Mall 2 j; 1 1 Project); and (vi) not more than $2,550,000.00 aggregate principal amount of the City's Revenue Bonds (Future Land Co.'s Central Mall Project), pursuant to the provisions of the Kansas Statutes Annotated, Sections 12-1740 et seq., as amended, for the purpose of providing funds for the cost of a commercial development project located at the northeastern corner of 9th and Magnolia Streets consisting of the acqui- sition, construction, installing and equipping certain commercial and retail facilities comprising the parts of a shopping center. Each separate facility will be leased and operated by (i) WFT A Land Co., a Kansas general partner- ship; (ii) tiJFT B Land Co., a Kansas limited partnership; (iii) Penn Land Co., a Kansas limited partnership; (iv) Dill Land Co., a Kansas limited partnership; (v) Bell Land Co., a Kansas.limited partnership; and (vi) Future Land Co., a Kansas limited partnership. It is contemplated that separate Lease Agreements will be entered into between the City and each of the respective general and limited partner- ships, pursuant to which the City would agree to finance the facility from the proceeds of the sale of the Bonds in return for rental payments from each of the respective general and limited partnerships sufficient to pay the principal of and interest and premium, if any, on the bonds as the same fall due. The Bonds, if issued, and the interest thereon will be payable solely out of the rentals, revenues and receipts derived from the Lease Agreements and shall never constitute an indebtedness of the City of Salina, Kansas, within the meaning of any State constitutional provision or statutory limitation, and shall not constitute nor give rise to a pecuniary liability of the City of Salina, Kansas, or a charge against its general credit or taxing powers. Each issue of Bonds will be issued with the express condition that the applicant will waive any ad valorem property tax exemption which would otherwise be available to the project under K.S.A. 79-201(a) Second, as amended. All local residents who appear at this hearing shall be given.an opportunity to express their views for or against the Project and the proposal to issue the Bonds, and at such hearing, or any adjournment thereof, the City Commission of the City of Salina, Kansas shall adopt a resolution determ- ine whether or not to proceed with the issuance of the bonds. Clerk of the City of Salina, Kansas 3 1 Section 3. The Mayor and City Clerk are hereby authorized and directed to execute this resolution and to cause a copy of the same to be delivered to the respective general and limited partnerships, the Mayor and City Clerk. Passes by the City Commission and signed by the Mayor this 28th day of February , 1983. ( SEAL) ATTEST;. City Clerk 4