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86-3844 PH Omaha Hotel IRBRESOLUTION NUMBER 86-3844 A RESOLUTION RELATING TO A PROJECT UNDER THE ECONOMIC DEVELOPMENT REVENUE BOND ACT; CALLING FOR A PUBLIC HEARING THEREON. BE IT RESOLVED by the Board of Commissioners of the City of Salina, ' Kansas (the City), as follows: SECTION 1 Recitals .1.1. The City is authorized by the Economic Development Revenue Bond Act, K.S.A., Section 12-1749 et seq. (the Act), to issue its revenue bonds to pay all or part of the costo c� onstructing commercial facilities, and to enter into leases and lease -purchase agreements with respect to such facilities with any person, firm or corporation. 1.2, Omaha Hotel, Inc., a Kansas corporation (the Company) has requested that the City issue revenue bonds in an aggregate total amount not to exceed $6,000,000 (the Bonds) to finance all or part of the cost of a project consisting of an approximately 195 -room hotel and convention center (the Project) and to enter into a lease -purchase agreement with the Company satisfying the requirements of the Act. 1.3. By Resolution Number 85-3765, adopted March 4, 1985, this Board expressed the preliminary intention of the City to issue its revenue bonds under the Act in a principal amount not to exceed $6,000,000 (the Bonds) to pay all or part of the cost of the Project and to lease the Project to the Company. SECTION 2 ' Public Hearing 2.1 Section 103(k) of the Internal Revenue Code of 1954, as amended, and regulations promulgated thereunder, requires that prior to this issuance of the Bonds, this Board approve the Bonds and the Project, after conducting a public hearing thereon. A public hearing on the proposal to undertake and finance the Project through the issuance of the Bonds is hereby called and shall be held on June 16, 1986, at 4:00 o'clock p.m., at the City -County Building. .2.2, The City Clerk shall cause notice of the public hearing to be published in The Salina Journal, the official newspaper of the City and a newspaper of general circu ation in the City, at least once not less than fourteen (14) days prior to the date fixed for the public hearing. The notice to be published shall be in substantially the following form: NOTICE OF PUBLIC HEARING ON A PROPOSED PROJECT AND THE ISSUANCE OF ECONOMIC DEVELOPMENT REVENUE BONDS FOR OMAHA HOTEL, INC. CITY OF SALINA, KANSAS NOTICE IS HEREBY GIVEN that the Board of City Commissioners of the City of Salina, Kansas (the City), will meet on June 16, 1986, at 4:00 o'clock p.m., in room 200, City -County Building, 300 West Ash, Salina, Kansas, ' for the purpose of conducting a public hearing in accordance with Section 103(k) of the Internal Revenue Code of 1954, as amended (the Code) on a proposal that the City issue revenue bonds, in one or more series, under the Economic Development Revenue Bond Act, K.S.A., Section 12-1740, et seq., in order to pay all or a part of the cost of a project. The proposed project will consist of the acquisition of land in the City and the construction and equipment thereon of an approximately 195 -room hotel and convention center (the Project) to be leased to Omaha Hotel, Inc., a Kansas Corporation (the Company) under a lease -purchase agreement. The project will be located at 1600 West Crawford in the City.. The maximum aggregate principal amount of the proposed bond issue is $6,000,000, The Bonds shall be limited obligations of the City, and the Bonds and interest thereon shall be payable solely from the revenue pledged to the payment thereof, except that such Bonds may be secured by a mortgage and other encumbrance on the Company's leasehold interest in the Project. No holder of any such Bonds may be secured by a mortgage and other encumbrance on the Company's leasehold interest in the Project. No holder of any such bonds 'shall ever have the right to compel any exercise of the taxing power of the City to pay the Bonds or the interest thereon, nor to enforce payment against any property of the City except the money payable by the Company to the City and pledged to the payment of the bonds. In accordance with K.S.A., Section 12-1744e, notice is further given that on or after the date of such hearing the Board of Commissioners intends to adopt an ordinance authorizing the issuance of such revenue bonds and the lease -purchase of the Project to the Company. A copy of Resolution Number 85-3765, adopted by the Board of City Commissioners on March 4, 1985, expressing the intention of the City to issue the Revenue Bonds to finance the Project, is on file with the City Clerk and is available for public inspection during normal business hours. All persons interested may appear and be heard at the time and place set forth above, or may file written comments with the City Clerk prior to the date of the hearing set forth above. Dated: May 29, 1986. BY ORDER OF THE BOARD OF CITY COMMISSIONERS 1 1 By D. L. Harrison, City Clerk 2.3. A copy of Resolution Number 85-3765 is hereby ordered placed on file with the City Clerk and shall be available for public inspection, following publication of the notice of public hearing, during normal business hours. ' Adopted by the Board of City Commissioners and signed by the Mayor this 29th day of May, 1986. / r fseM./Ritter, Mayor i [SEAL] ATTEST:, D. Lr% Harr'isoh, City Clerk Affidavit of Publication Following is a true and correct copy of Notice of Public Hearing terruptedly published for five consecutive years prior to first (PablisfiaManT e 59)a Journal together with proof of publication of the same. ro publication of attached notice, and that the attached NOTICE OF PUBLIC HEARING ON A PROPOSED PROJECT AND Notice.of Public Hearing THE ISSUANCE OF ECONOMIC Subscribed and sworn to before me, this ; ' DEVELOPMENT REVENUE BONDS AFFIDAVIT FOR OMAHA HOTEL, INC. ' 1 CITY OF SALINA, KANSAS has been correctly published in said newspaper NOTICE 15HEREBYGIVEN that the Board of City Commissioners of the City of Salina,Kansas (the City), will meet Jane A. Glenn on June 16; 1986, a10:00 o'clock P.M., I, , being duly in Room 200, City -County Building, 300 Notary Public West Ash, Salina, Kansas, for the pur- . May -3 0s tg in the issue of __. y , —3�. ease of, conducting a public hearing in sworn, declare that I am the AdvertisingManager of THE - g accordeaewBh Section l o3 (k) of the Internal Revenue Code of as O. L. HARRISON amended (the code) on o oral one NOTARY PUBLIC ds, in 0 the City issue revenue bonds, in one or SALINA JOURNAL, a daily newspaper published at Salina, (more 1 series;funder the Economic be - velapmert Revenue Bond Act,. K.S.A., 1 Section 12.1740, et seq., in order to pay MY APPT. EXPIRES JULY 31, 1909 all or a part o1 the cost of a project. The Saline County, Kansas, and of general circulation in said - proposed proiOct wm can.ist of ,he acquisition of load in the City and the construction and equipment thereon of county, which newspaper has been continuous) and unln- YY an approximately 195 room hotel and convention center (the Project) to be loosed to Omaha Hotel, Inc., a Kansas terruptedly published for five consecutive years prior to first lease -purchase agreement. The project will be located at 1600 West Crawford) in the City..The maximum aggregate publication of attached notice, and that the attached isueamountof the proposed bond sane Is principal amount ,000. The Bonds shall be limited obligations of the City, and the Bonds and interest thereon shall be Notice.of Public Hearing payable solely from the revenue Subscribed and sworn to before me, this ; pledged to the payment thereof, ex kept that such Bonds may be secured by 1 a mortgage and other encumbrance an has been correctly published in said newspaper the Company's leasehold interest in the Project. No holder of any such bonds shall ever hove. the right to compel any times, _ : __._.,3he first publication being given exercise of the taxing power of the City m pay the Bands at the interest Vhereon, nor to .enforce payment Notary Public against any properly of he City except . May -3 0s tg in the issue of __. y , —3�. the money o,lale by the Company to .the City and pledged to the payment of the bonds. In accordance with K.S.A., Section on further givenring the r alter the dote of such hearing the orafter he da a 2 Board of City Commissioners intends to the Subscribed and sworn to before me, this ; adopt on ordinance authorizing issuance of such revenue bonds and the lease -purchase of the Project to the da of June A.D.19 y 'Company. A copy of Resolution No. 85 3765, adopted by the Board of City Commissioners on March d, 1985, ex f pressing the intention of the City tc issue the revenue bonds thence the Project, is.on file with the City Clerk Notary Public and is available for public inspectior during normal business hours. All persons interested may appea O. L. HARRISON s place se and be heard at the time and e aearn NOTARY PUBLIC forth above, or may lite written ments with'the City Clerk priorto th, STATE OF KANSAS date of the hearing set forth above. Dated: May 29, 1986.. MY APPT. EXPIRES JULY 31, 1909 BY ORDER OF THE BOARD OF CITY COMMISSIONERS By D.L. Harrison City Clerk (It