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97-5204 Advis IRB IssueRESOLUTION NUMBER 97-5204 A RESOLUTION OF THE CITY OF SALINA, KANSAS DETERMINING THE ADVISABILITY OF ISSUING INDUSTRIAL REVENUE BONDS OF SAID CITY FOR THE PURPOSE OF FINANCING THE ACQUISITION, CONSTRUCTION, FURNISHING AND EQUIPPING OF A MANUFACTURING FACILITY FOR CORONADO ENGINEERING, INC., TO BE LOCATED AT THE SALINA AIRPORT INDUSTRIAL CENTER IN THE CITY OF SALINA, KANSAS. WHEREAS, the City of Salina, Kansas (the "City"), desires to promote, stimulate and develop the general economic welfare and prosperity of the City and thereby to further promote, stimulate and develop the general economic welfare and prosperity of the State of Kansas; and WHEREAS, pursuant to the provisions of Kansas law, including K. S. A. 12-1740 et seq., as amended (collectively, the "Act") , the Salina Airport Authority (the "Authority") following a public hearing adopted a resolution on December 18, 1996, stating the interest of the Authority to issue industrial revenue bonds in the principle amount of not to exceed $1,300,000 to provide funds to pay the costs of acquiring, constructing, furnishing and equipping a manufacturing facility (the "Project") to be located at the Salina Airport Industrial Center in the City, and to be leased by the Authority to Coronado Engineering, Inc., a Kansas corporation, or assigns (the "Tenant") . WHEREAS, it has subsequently been determined that it would be better for the City to issue the industrial revenue bonds for the Project and that the cost of the Project to be financed with the proceeds of the Bonds will not exceed $980,000. WHEREAS, pursuant to the Act, the City is authorized to issue revenue bonds for the purposes aforesaid, and it is hereby found and determined to be advisable and in the best interest and for the welfare of the City and its inhabitants that industrial revenue bonds of the City in the principal amount of not to exceed $980,000 be authorized and issued to provide funds to pay the costs of the Project to be leased to the Tenant. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF SALINA, KANSAS AS FOLLOWS: Section 1. Adoption of Authority's Action. The action taken by the Authority with respect to the Project and the issuance of the industrial revenue bonds, including without limitation the conducting of a public hearing and the adoption of the resolution on December 18, 1996, is hereby ratified and approved and adopted by the governing body of the City. Section 2. Public Purpose. The governing body of the City hereby finds and determines that the Project will promote, stimulate and develop the general economic welfare and prosperity of the City and thereby further promote, stimulate and develop the general economic welfare and prosperity of the state of Kansas. Section 3. Authorization to Acquire Project; Intent to Issue Bonds. The City is hereby authorized to proceed with the Project and to issue its industrial revenue bonds, in one or more series, in an aggregate principal amount not to exceed $980,000 (the "Bonds") to pay the costs thereof, subject to satisfaction of the conditions of issuance set forth herein. Section 4. Conditions to Issuance of Bonds. The issuance of the Bonds is subject to (i) the passage of an ordinance authorizing the issuance of ConsolidateE�Sallna the Bonds; (ii) the successful negotiation of legal documents necessary to accomplish the issuance of the Bonds, the terms of which shall be in compliance with the Act and mutually satisfactory to the City and the Tenant; (iii) the successful negotiation and sale of the Bonds to Sunflower Bank, N.A., Salina, Kansas (the "Purchaser") , which sale shall be the responsibility of the Tenant and not the City; (iv) the receipt of the approving legal opinion of Gilmore & Bell, P.C. ("Bond Counsel") in form acceptable to the City, the Tenant and the Purchaser; (v) the obtaining of all necessary governmental approvals to the issuance of the Bonds; (vi) the commitment to and payment of all expenses of the Authority, any underwriting fees and expenses and all legal fees and expenses of Bond Counsel and the City Attorney relating to the issuance of the Bonds; and (vii) the satisfactory negotiation of an agreement with the Tenant relating to the exemption of a portion of the property taxes assessed against the Project after issuance of the Bonds. Section 5. Property Tax Exemption. The City hereby determines that pursuant to the provisions of K.A.S. 79-201a Second the Project, to the extent purchased or constructed with the proceeds of the Bonds, should be exempt from payment of a portion of the ad valorem property taxes for ten years commencing with the year following the year in which the Bonds are issued, all in accordance with Resolution Number 91-4265 adopted January 14, 1991, by the governing body of the City, provided proper application is made therefore. In making such determination the board of directors of the City has conducted the public hearing and reviewed the analysis of costs and benefits of such exemption required by K.S.A. 1994 Supp. 12-1749d. The Tenant is responsible for preparing such application and providing the same to the City for its review and submission to the State Board of Tax Appeals. Section 6. Limited Liability of City. The Bonds and all interest thereon shall, in any event, be paid solely from the revenues to be received by the City from the Project and not from any other fund or source. The City shall not be obligated on such Bonds in any way, except as herein set out. In the event that the Bonds are not issued, the City shall have no liability to the Tenant. Section 7. Further Action. The City Clerk is hereby authorized to deliver an executed copy of this Resolution to the Tenant. The Mayor, City Clerk, City Manager and other officials and employees of the City, including the City's Attorney and Bond Counsel, are hereby further authorized and directed to take such other actions as may be appropriate or desirable to ConaofNateO-Sauna accomplish the purposes of this Resolution, including providing all notices required by the Act and the execution on behalf of the City of the information statement regarding the proposed issuance of the Bonds to be filed with the State Board of Tax Appeals pursuant to the Act. The execution by the City Clerk and the filing of an application to the Kansas Secretary of Commerce & Housing for a private activity bond allocation in accordance with the Kansas Private Activity Bond Allocation Act, K.S.A. 74-5058 et seq . is hereby ratified and approved. Section 8. That this resolution shall be in full force and effect from and after its adoption. Adopted by the Board of Commissioners and signed by the Mayor this 20th day of October, 1997. Iristin M. Seaton, Mayor ( SEAL) ATTEST: Ju D. g, CMC, CrVClerk