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84-3738 Intent Issue ES Realty IRBRESOLUTION NUMBER' 84-3738 A RESOLUTION INDICATING THE INTENTION OF THE CITY OF SALINA TO ISSUE $3,600,000 REVENUE BONDS FOR E S REALTY, INCORPORATED PURSUANT TO KANSAS ECONOMIC DEVELOPMENT REVENUE BOND ACT. WHEREAS, the City of Salina, Kansas, (the "City"), is authorized and empowered under the provisions of Kansas Economic Development Revenue Bond Act, K.S.A. 12-1740 to 12-1.749a, as amended, to issue revenue bonds for economic development purposes; and, WHEREAS, E S Realty, Incorporated (the "Applicant"), has requested the City to finance the construction and equipping of two multi -family housing projects (the "Project") at a cost of approximately $3,600,000; and, WHEREAS, The Project will provide a total of 144 new housing units in the City of Salina, of which 84 units will be located in the Eastgate project in the 1600 block of Ellsworth and 60 units will be located in the Georgetown project at 645 Georgetown; and, WHEREAS, the City and the Applicant desire that the construction of buildings and improvements for the Project commence immediately; NOW THEREFORE, BE IT RESOLVED by the Governing Body of the City of Salina, Kansas as follows: Section 1. The Governing Body of the City hereby finds and determines t Tat—tFie issuance of its Multi -family Housing Development Revenue Bonds to finance a portion of the costs of the Project will be in furtherance of the public purposes set forth in the Act, and that the Project will promote the welfare of the city. Section 2. The Governing Body of the City hereby approves the Project for tTTe__,k_pplicant to be financed out of the proceeds of not to exceed $3,600,000 principal amount of Multi -family Housing Development Revenue Bonds of the City to be issued pursuant to the Act. Section 3. The City officials are hereby authorized and directed to proceed wit�t ie necessary negotiations relating to said Project and the preparation of the legal documents relating thereto for final action by the Governing Body of the City. Section 4. The Multi -family Housing Development Revenue Bonds will be issued wit t e express understanding that the Applicant will waive any ad valorem property tax exemption which would otherwise be available to the Project under the provisions of K.S.A! 79-201 (a) Second, as amended. Section 5. In the event the Multi -Family Housing Development Revenue Bonds are not ultimately issued for any reason, the City of Salina, Kansas, shall not be. obligated to have assumed or incurred any liability or obligation to the Applicant or any other party by virtue of any proceedings or action taken in connection therewith, or in reliance thereon. Section 6. The issuance of the Multi -Family Housing Development Revenue Bonds is contingent upon securing the necessary approval required by the Tax Reform Act of 1983 and the bond issue securing a minimum of an "A" rating by a recognized rating agency. Section 7. This resolution shall take effect immediately. Approved by the Board of Commissioners and signed by the Mayor this 15th day of October, 1984. [SEAL] ATTEST: D. L. Harrison, City .Clerk mw '• N • WHEREAS, the City desires to finance the cost of constructing buildings and. improvements for the Project by the issuance of Multi -Family Housing Development Revenue Bonds under the Act in the amount of approximately $3,600,000, said bonds to be payable solely out of rentals, revenues and receipts derived from the lease of the Project by the Applicant from the City; and, WHEREAS, the City and the Applicant desire that the construction of buildings and improvements for the Project commence immediately; NOW THEREFORE, BE IT RESOLVED by the Governing Body of the City of Salina, Kansas as follows: Section 1. The Governing Body of the City hereby finds and determines t Tat—tFie issuance of its Multi -family Housing Development Revenue Bonds to finance a portion of the costs of the Project will be in furtherance of the public purposes set forth in the Act, and that the Project will promote the welfare of the city. Section 2. The Governing Body of the City hereby approves the Project for tTTe__,k_pplicant to be financed out of the proceeds of not to exceed $3,600,000 principal amount of Multi -family Housing Development Revenue Bonds of the City to be issued pursuant to the Act. Section 3. The City officials are hereby authorized and directed to proceed wit�t ie necessary negotiations relating to said Project and the preparation of the legal documents relating thereto for final action by the Governing Body of the City. Section 4. The Multi -family Housing Development Revenue Bonds will be issued wit t e express understanding that the Applicant will waive any ad valorem property tax exemption which would otherwise be available to the Project under the provisions of K.S.A! 79-201 (a) Second, as amended. Section 5. In the event the Multi -Family Housing Development Revenue Bonds are not ultimately issued for any reason, the City of Salina, Kansas, shall not be. obligated to have assumed or incurred any liability or obligation to the Applicant or any other party by virtue of any proceedings or action taken in connection therewith, or in reliance thereon. Section 6. The issuance of the Multi -Family Housing Development Revenue Bonds is contingent upon securing the necessary approval required by the Tax Reform Act of 1983 and the bond issue securing a minimum of an "A" rating by a recognized rating agency. Section 7. This resolution shall take effect immediately. Approved by the Board of Commissioners and signed by the Mayor this 15th day of October, 1984. [SEAL] ATTEST: D. L. Harrison, City .Clerk mw '• N •