01-10031 Affidavit of Publication
Ord. No. 01-10031
Following is a true and correct copy of
er wilt acquire, construct and.. 2001 among the Tenant, the This ordinance shall take et-
together with proof of publication of the same. equip the Project and lease it., other guarantor(s) named fact after its final passage by
to the Tenant in consideration 1 therein' and (i) the Bank, for the governing body of the Is-
of Basic Rent and other pay- the benefit of the owners of suer, signature by the Mayor
menu;and the Series A, 2001 Bonds and and publication once in the Is-
(iii) an Agreement for Pay- (ii) the Series B 2001 Bon- suer official newspaper.
AFFIDAVITment in lieu of Taxes (the downer,are approved. PASSED by the governing
"Agreement for Payment in Section 7. Execution of body of the City of Salina,
Lieu of Taxes") with the Ten- Bonds and Bond Docu- Kansas this 14th day of May,
ant, under which the Tenant ments. The Mayor of the Is- 2001_
will make certain payments in —+, n:._T , SIGNED by the Mayor of the
I Kim Norwood lieu of taxes for each year at-
, suer is'authorized and directed'
I, , being duly city of retina, Kansas this
ter issuance of the Bonds that to execute the'Bonds and de- 14th day of May,2001.
b the Protect is exempt from ad liver them to the Bank for au-
valoremmxatien. c thentication on behalf of the Is- (SEAL]
sworn, declare that I am the Advertising Manager of THE a The Issuer's governing j suer in the manner provided M1W Kristin Seaton
body has found that under the) by the Act'and'In the Bond Mayor
provisions of K.S.A. 79-201a Agreement. The Mayor or
SALINA JOURNAL, a daily newspaper published at Salina, Second, the Project purchased member of the Issuers goy-I Attest:
or constructed with the pro- eming body authorized by law ff/s/Lieu Ann Nicola
ceeds of the Bonds is eligible to exercise the powers and du- City Clerk (1t)
Saline County, Kansas, and of general circulation in said .l
for property taxes ad valorem
,io ties of absence is in the May- •
P D rtY up pr's absence is further author-
years, commencing in •the cal- ed and directed to execute I
a
ender year following the Galen- and deliver the Bond Docu-
county, which newspaper has been continuously and unin- ar year. in which the Bonds' ments on behalf of the Issuer
, in substantially'the forms pre'
(are i9 ed,°"N°-proper applica; sensed for review prior to final
terruptedly published for five consecutive years prior to first }Rion is made. 'The Issuer's passage of this ordinance,
F governing' body has further which '-forms are approved,
found that the Project should with such corrections or
%
ublication of attached notice, and that the attached be exempt from ad valorem amendments as the Mayor or
p property taxes for a period of other person lawfully acting in
10 years, subject to a payment the absence of the Mayor may
Ord. No. 01-10031 ,. in lieu of taxes for each year of approve, as evidenced by his
the exemption, as more panic- or her signature. The author-
ulady described in the Agree- ized signatory may also sign
1 ment for Payment in Lieu of. and deliver such other docu-
has been correctly published in said newspaper Taxes. Prior to making this ments, or cemacates as may
determination, the governing be necessary or desirable to
• body of the Issuer has con- carry out the purposes'end in-
ducted the first publication being given ducted the public hearing and tent of this ordinance and the
reviewed the analysis of costs Bond Documents. The City
and benefits of such exemp- Cleric or the Deputy City Clerk
Lion required by K.S.A. Supp. of the Issuer is hereby author-
in the issue of May 16 19 2001 12-1749d. ized and directed to attest the
NOW, THEREFORE, BE IT execution of the Bonds, the
• ., ORDAINED BY THE 'GOV- ' Bond Documents and such
a�.�__ J •t ERNING BODY OF THE CITY other documents, certificates
OF SALINA,KANSAS: and instruments as may be
�3 r Section 1. Definition of necessary or.desirable to carry
Subscribed and sworn to before me, this Terms. All terms and phrases out the intent of this ordinance
not otherwise defined in this under the Issuer's corporate
ordinance for have the mean- seal.
ings set faun in the Bond Section 8. Tax Exemption;
day of G A.D. �� Agreement dthe Lease. Payment in ueu of Taxes.
Section 2. Authority to The Project will be exempt
Cause the Project to Be Pur- from ad'valorem property tax-
_ A �. chased and Constructed. c es for 10 years, commencing
The Issuer is authorized to in the calendar year after the
Notary P - cause the Project to be ac- calendar year In which the•�n�e., cs..� quired, constructed and equip- Bonds are issued. The Tenant
L Snow of pad in the manner described will prepare the application for
• in the Bond Agreement and exemption and•submit it to the
]air-1 the Lease. Issuer for its review. After its
Sy 8. Z.2-o al Section 3. Authorization of review, the Issuer will .submit
- and•Security for the Bonds. the application for exemption
(Published In The Salina impr.'- . . ... Faro- The Issuer is authorized and to the Saline County Appraiser
Journal,May 16,2001) cilities (as defined in the Act) directed to issue the Bonds, to for review and transmittal to
ORDINANCE NO.01-10031 for commercial, industrial and be designated "City of Salina, the State Board of (Tax Ap-
AN ORDINANCE AU- manufacturing purposes, to Kansas Industrial Revenue peals. The Issuer is author-
THORIZING THE CITY enter'I into leases and lease- Bonds, Series A, 2001 and iced to enter into the Agree-
OF SALINA, KANSAS TO purchase agreements with any Series B, 2001 (Ovation Cab- menu for Payment in Lieu of
ISSUE ITS INDUSTRIAL person, firm or corporation for inetry, Inc.)' in the aggregate Taxes in substantially the form
REVENUE BONDS, SER- such' facilities, 'and to issue principal amount of not to ex- presented for review prior to fi-
IES A, 2001 AND SERIES revenue bonds for the'purpose teed $1,500,000. The Bonds nal passage of this ordinance.
B, 2001 (OVATION CAB- of paying the costs of such fa- will be in such principal Section 9. Pledge of the
INETRY, INC.) IN THE cilities;and 1 amounts per series, will be Project and Net Lease Rent-
AGGREGATE ,PRINCI- B. The Issuer's governing dated and bear interest, will als. The Issuer hereby
•PAL AMOUNT OF' NOT body has determined that it is mature and be payable at pledges the Project 'and the
TO EXCEED $1,500,000 desirable in order to promote, such times, will be. in such net rentals generated under
FOR THE PURPOSES stimulate'and develop the gen- forms, will be subject to re- the Lease to the payment of
OF ACQUIRING, CON- eral economic welfare and dempton and payment prior to the Bonds in accordance with
STRUCTING AND prosperity of the Issuer and maturity and will be issued ac K.S.A. 12-1744. The lien ere' 1
EOUtPPING A MANU. the-State of Kansas that the cording to the provisions, cow aced by the pledge will be dis-
FACTURING FACILITY; Issuer issue its Industrial .Rev- enants and agreements in the charged when all of the Bonds •
AUTHORIZING , EXECU- -enue Bonds, Series A, 2001 Bond Agreement. The Bonds have been paid 'under the
TION OF A BOND and Subordinated Industrial will be special limited oblige-- Bond Agreement.
AGREEMENT AMONG Revenue Bonds, Series B, Lions of the Issuer payable Section 10. Election Under
' THE ' CITY, OVATION 2001 (Ovation Cabinetry, Inc.) solely from revenues from the Section 144(a)(4) of the In-
CABINETRY, INC. SE- dated May 1, 2001 In the ag- Lease of the Project. The ternal Revenue Code. The
' CURRY SAVINGS BANK, gregate principal amount of Bonds will not be general obli- Issuer elects that Section
F.S.B., SALINA, KANSAS, not to exceed $1,500,000 gallons of the Issuer, nor con- 144(a)(4) of the Internal Rave-
.EDWARD CLARKE, GAR- (jointly, the 'Bonds"), for the stitute a pledge of the faith and nue Code of 1986, as amend.
NETT AND ELIZABETH purpose of paying the costs of credit of the Issuer, and will ed, will apply to the Bonds,
JEAN GARNER; AU- acquiring, constructing and not'be payable in any manner and the Mayor or City,Clerk is
THORIZING THE CITY
TO LEASE SUCH FACILI-
equipping a certain manutac-
by taxation. hereby authorized and direct-
taring facility (the "Project"), as Section 4. Authorization of ed to file evidence, of said
TY TO OVATION CAB- more fully' described in the Bond Agreement.• The Issuer election with any appropriate
officer/INETRY, INC. AND AU-
Bond Agreement and 'in the is'authorized to enter into the office of the United States, in-
THORIZING EXECUTION Lease authorized in this ortli- Bond Agreement. with the eluding she Secretary of the '
OF A LEASE BETWEEN nonce for lease to Ovation Bank, the Series 3, 2001 Bon' Treasury or his or her dele-
SAID CRY AND OVA- 2 tlinetry,. Inc. (the 'Tenant'); downer and.the Tenant in the gate,' and to take such other
TION CABINETRY, INC.; form approved 'in this 'ordi- action as may be necessary to
APPROVING THE C. The Issuers governing
AND nonce. The Issuer will issue make effective such election. ,
AND A GUARANTY body finds that it is necessary and sell the Bonds and pro- Section 11. Further Author-
ME OF BY AND and desirable in connection vide for payment of the Bonds Icy. The officials, officers,
AGREEMENT
THE 'TENANT, with the issuance of the Bonds and interest thereon from the agents and employees of the
to execute and deliver the for- revenues derived by the Issuer Issuer are authorized and di-
JOSEPH F. LORENTZ, lowing documents (collective- under the Lease and other rectetl to Ayke whatever action
BRADLEY J. BASSETT, i
WILLIAM A. GRAY AND ly,the"Bond Bond Agreement moneys as Agreement, all in 'the and executer; whatever other
DANIEL R. GOODEN (i) a Bontl Agreement dated Bond Agreement, all on 'the may be boor certificates 'as
as of May 1, 2001 (the "Bond terms and conditions in the may be necesse or desirable
AND SECURITY SAV Agreement"), among the Issu- y necessary
INGS BANK,F.S.B. 9 Bond Agreement. w carry put,the provisions of
THE GOVERNING BODY er, the Tenant, Security Saw Section 5. Authorization of this peirx4icee and to carry.out
OF THE CITY OF SALINA, • ings Bank, F.S.B., Salina, Lease of the Project. The Is- and perform--the duties of the
KANSAS HAS FOUND AND Kansas (the 'Bank"), Edward suer will acquire, construct Issuer and the to the•Clarke Gamelf and Elizabeth
DETERMINED: and equip the Project and Bonds and the Bond Docu-
A. The City of Salina, Kam Jean Garnett (jointly, the 'Ser- lease it to the Tenant accord- moots. •
ies B, 2001 Bondowner") pre- • in to the roc
sas (the "Issuer')'is authorized 9 provisions of the Section 12. Effective Date.
by the Kansas Economic De- dons the terms and curing or Lease the loan approved in a velopment Revenue Bond Act, trons of issuing and securing this ordinance. _z ,
as amended, as codified in the Bonds; Section 6. Approval of the
H.B.A. 12-1740 et seq. (the (ii) a Lease dated as of May . Guaranty Agreements. The
1, 2001 (the 'Lease"l, with the form of she Guaranty ree-
_ACC),_to_acquire, construct,_ _Tenan4_under_which_the_issu_ ty A g •
ments__dated_as_of_Mav_1.-