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8.2 Airport Authority General Obligation Bonds CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 03/02/2009 TIME 4:00 P.M. AGENDA SECTION NO: 8 ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: 2 BY: ITEM NO. Page 1 CITY ATTORNEY BY: Greg Bengtson ITEM: Ordinance No. 09-10488 Unconditionally Approving the Issuance of General Obligations Bonds by the Salina Airport Authority for the Purpose of Financing the Cost of Certain Capital Improvements Located at the Salina Airport Industrial Center and the Salina Municipal Airport. BACKGROUND: The Salina Airport Authority (the "Authority") was established in 1965 by the City of Salina pursuant to Kansas enabling legislation enacted that same year. The statute authorizes the Authority to issue its own general obligation bonds. The statute also provides that: "If the Authority desires to issue its general obligation bonds, the board of directors shall adopt a resolution setting forth the principal amounts of bonds proposed to be issued and the purpose for which the bonds are to be issued, and shall forward a copy of such resolution to the mayor of the city. The mayor shall present such resolution to the governing body of the city for its approval or disapproval." The governing body then has three choices: (1) To disapprove the Authority's resolution by ordinance; (2) To unconditionally approve the Authority's resolution by ordinance; or (3) To approve the Authority's resolution and to publish a notice of the Authority's intent to issue its general obligation bonds, subjecting the bond issue to a referendum election if a protest petition is signed by not less than 20% of the qualified electors of the city and filed within 15 days of the published notice. On February 25, 2009, the Board of Directors of the Authority adopted a resolution approving the issuance of general obligation bonds not to exceed $4,220,000 (including costs of issuance) to pay the cost of certain capital improvements located at the Salina Airport and Industrial Center. Attached are copies of Salina Airport Authority Resolution No. 09-02, a summary of components of the Project, and the proposed Ordinance unconditionally approving the proposed issuance of the Authority's general obligation bond issue. The Project and the proposed financing have been developed and structured with the assistance of the Authority's public finance advisors, George K. Baum & Company. The law firm of Gilmore & Bell will serve as bond counsel. FISCAL NOTE: While the proposed general obligation financing is backed by the full faith and credit of the Salina Airport Authority, K.S.A. 27 -323(a) specifically provides that "such general obligation bonds of the authority shall not constitute a debt or obligation of the city which established and created the authority." This bond issue by the Salina Airport Authority does not count toward the City's bonded indebtedness limitations. The Salina Airport Authority bonds do count toward the City's "bank qualified" bond limitation; however, with the increase in the City's limitation on bank qualified bonds from $10,000,000 to $30,000,000, this Airport Authority bond issue will not, as a practical matter, present a problem for the Cit . CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 03/02/2009 TIME 4:00 P.M. AGENDA SECTION NO: 8 ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: ITEM NO. Page 2 CITY ATTORNEY BY: BY: Greg Bengtson CONFORMANCE WITH THE STRATEGIC PLAN: The Project and the proposed general obligation bond issue by the Authority are consistent with the subparagraph 0) of the City of Salina's Shared Vision Statement: "0) Salina will encourage and be supportive of industrial development, economic expansion, market-driven tax base growth, and home grown entrepreneurial ism" and the follow Strategic Goal under the City's Strategic Plan: "Goal: The City will create a community of mixed-use, quality development and redevelopment." COMMISSION ACTION: Approve Ordinance No. 09-10488 on first reading unconditionally approving the Authority's Resolution No. 09-02. SALINA AIRPORT AUTHORITY RESOLUTION NO. 09-02 A RESOLUTION APPROVING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF TilE SALINA AIRPORT AUTHORITY FOR THE PURPOSE UF 'FINANCING THE COST OF CERTAIN CAPITAL IMPROVEMENTS AT THE SALINA AIRPORT AND INDUSTRIAL CENTER AND AUTHORIZING THE SALE OF TAX-EXEMPT AND TAXABLE GENERAL OBLIGATION BONDS OF THE SALINA AIRPORT AUTHORITY. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE SALINA AIRPORT AUTHORITY AS FOLLOWS: Section 1. The issuance of general obligation bonds (the "Bonds") by the Salina Airport Authority (the "Authority") in a principal amount not to exceed $4,220,000, including costs of issuance, for the purpose of paying the costs of certain capital improvements located at the Salina Airport and Industrial Center, including, but not limited to the acquisition, construction, improvement, furnishing and equipping of (a) improvements to the airfield including construction of helipads and a public viewing area, pavement rehabilitation, installation of security fencing and runway pavement rehabilitation, (b) improvements to various buildings (c) various items of equipment, (d) utility improvements, improvements to the perimeter road, demolition of existing buildings and certain environmental remediation undertakings and (e) related engineering and design (collectively, the "Project"), as authorized by K.S.A. 27-315 to 27-326 inclusive, is hereby approved and is in the best interests of the Authority. Pending the issuance of the Bonds, the Authority may issue its temporary notes to provide financing for the Project. A copy of this resolution shall be forwarded to the Mayor of the City of Salina, Kansas (the "City"), with the request that the Mayor present this resolution to the governing body of the City for its approval or disapproval. Section 2. The Authority expects to make capital expenditures after the date of this resolution in connection with the Project, and the Authority intends to reimburse itself for such expenditures with the proceeds of bonds or notes in an amount not to exceed $4,220,000. Section 3. The Authority shall offer for sale its tax-exempt and taxable general obligation bonds (the "Bonds") in an amount sufficient to pay the costs of the Project and the eosts of a portion of the project financed by the Authority's Taxable General Obligation Notes, Series 2007. Section 4. The Authority's staff are hereby authorized and directed to receive proposals for the purchase of the Bonds and to deliver all proposals so received to a meeting of the governing body of the Authority, at which meeting the governing body will review such proposals and act on the acceptance of the best proposal. Section 5. The Executive Director, the Manager of Administration and Finance, George K. Baum & Company, the Authority's Financial Advisor and Gilmore & Bell, P.c., the Authority's Bond Counsel, are hereby authorized and directed to take such other action as may be necessary to carry out the sale of the Bonds. Section 6. This Resolution shall take effect immediately upon its adoption and passage. ADOPTED AND PASSED by the governing body of the Authority on February 25,2009. (SEAL) l ~7 - 0./((' S(lO/" /- / ) If //t'r Ii.. (f /. J, v { C.( \. I l(i ( 1/ ) 1(( / } SALINA AIRPORT AUTHORITY ~-JWtWL Name: Eric R. Hardman Chairman "U -I iil )> 0 "0 '" f[ '" 0> c: iil 3 a. 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