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98-5358 IRB IntentCansol.oale�-Salina RESOLUTION NUMBER 98-5358 A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF SALINA, ANSAS DETERMINING THE ADVISABILITY OF ISSUING INDUSTRIAL REVENUE ONDS OF SAID CITY FOR THE PURPOSE OF FINANCING THE ACQUISITION, ONSTRUCTION AND EQUIPPING OF A MANUFACTURING FACILITY TO BE OCATED IN SAID CITY. WHEREAS, the City of Salina, Kansas (the "City") desires to promote, stimulate and ,Ivelop the general economic welfare and prosperity of the City, and thereby to further promote, imulate and develop the general economic welfare and prosperity of the State of Kansas; and WHEREAS, pursuant to the provisions of the Kansas Economic Development tevenue Bond Act, as amended and codified in K.S.A. 12-1740 et seq. (the "Act"), the City is authorized to issue revenue bonds for such purposes, and it is hereby found and determined to be Ldvisable and in the interest and for the welfare of the City and its inhabitants that industrial evenue bonds of the City in the principal amount of not to exceed $7,500,000 be authorized and ssued to provide funds to pay the costs of acquiring, constructing and equipping a manufacturing acility (the "Project") to be located in the City of Salina, Kansas, and to be leased by the City to k -Plus Galvanizing Company, a Kansas limited liability company, or assigns (the "Tenant"). NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Section 1. Public Purpose. The governing body of the City hereby finds and letermines that acquiring, constructing and equipping the Project will promote, stimulate and ievelop 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 2. Authorization to Acquire Project; Intent to Issue Bonds. The City is iereby authorized to acquire, construct and equip the Project and to issue its industrial revenue )onds, in one or more series, in an aggregate principal amount not to exceed $7,500,000 (the `Bonds") to pay the costs thereof, subject to satisfaction of the conditions of issuance set forth Section 3. Conditions to Issuance of Bonds. The issuance of the Bonds is subject to: (i) the passage, signature and publication of an ordinance authorizing the issuance of the Bonds; (ii) the successful negotiation of a Trust Indenture, Guaranty Agreement, Lease, Bond Purchase Agreement and other 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 a purchaser or purchasers yet to be determined (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; and (vi) the commitment to and payment of all expenses of the City, 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 by the Purchaser or the Tenant; and (vii) the execution and delivery by the Tenant of an agreement for payment in lieu of taxes in form acceptable to the Tenant and the City. Section 4. Notices. The City Clerk is hereby authorized and directed to publish an appropriate notice of intent to issue the Bonds and to enter into a Lease with the Tenant pursuant the provisions of the Act, to provide all notices as required by the Act, and to publish notice of hearing with respect to the issuance of the Bonds as required by federal law and with respect the granting of a complete or partial property tax exemption as required by Kansas law. Section 5. Further Action. The City Clerk is hereby authorized to deliver an copy of this resolution to the Tenant. The Mayor, City Clerk and other officials and ployees of the City, including the City Attorney and Bond Counsel, are hereby further and directed to take such other actions as may be appropriate or desirable to accomplish purposes of this resolution, including providing all notices required by the Act, the execution on of the City of the information statement regarding the proposed issuance of the Bonds to be ed with the State Board of Tax Appeals pursuant to the Act and the execution of an application the Kansas Secretary of Commerce & Housing for a private activity bond allocation in with the Kansas Private Activity Bond Allocation Act, K. S.A. 74-5058 et seq. Adopted by the governing body of the City of Salina, Kansas this 2nd day of ovember, 1998. Peter F. Brungardt, Mayor TTEST: �d).�•Lon CMC, City ,