23-11154 Great Plains Project IRB Extension-
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ORDINANCE NO. 23-11154
AN ORDINANCE AUTHORIZING THE CITY OF SALINA, KANSAS TO AMEND
AND SUPPLEMENT THE PROJECT LEASE RELATING TO ITS TAXABLE
INDUSTRIAL REVENUE BONDS, SERIES 2021 (GREAT PLAINS PROJECT); AND
AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN
CONNECTION THEREWITH.
THE GOVERNING BODY OF THE CITY OF SALINA, KANSAS HAS FOUND AND
DETERMINED:
A. The City of Salina, Kansas (the "Issuer") is authorized by KS.A. 12-1740 et se q., as amended
(the "Act"), to acquire , construct, improve and equip certain facilities (as defined in the Act) for commercial,
industrial and manufacturing purposes , to enter into leases and lease-purchase agreements with an y person, firm
or corporation for such facilities .
B. Pursuant to Ordinance No. 21-11086 of the Issuer adopted on November 1, 2021 , the Issuer has
previously issued its Taxable Industrial Revenue Bonds, Series 2021 (Great Plains Project) dated November 16 ,
2021 (the "Bonds"), in the original principal amount not to exceed $20 ,000,000 for the acquisition , renovation
and equipping of a manufacturing facility (the "Project"), of which $12 ,600 ,000 has been drawn against the Bonds
and is currently outstanding (the "Outstanding Bonds").
C. The Project w as leased to GPM No. 2, LLC, a Kansas limited liability company (the "Tenant"),
pursuant to the provisions of a Project Lease dated as of November 1, 2021 between the Issuer and the Tenant
(the "Project Lease").
D. The Issuer's governing body has determined that it is desirable in order to promote, stimulate
and develop the general economic welfare and prosperity of the Issuer and the State of Kansas that the Issuer
permit the Tenant to complete the remaining improvements at the Project up to a maximum of $20 ,000 ,000 as
provided in the Bonds, and to extend the project exemption certificate through December 31 , 2025 to permit the
remaining construction to be eligible for a sales tax exemption on purchases with proceeds of the Bonds, as more
fully described in the Supplemental Lease hereinafter authorized.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
SALINA, KANSAS:
Section 1. Definition of Terms. All terms and phrases not otherwise defined herein shall have the
respective meanings set forth in the Indenture and the Lease referred to herein.
Section 2. Authorization of Supplemental Lease. The Issuer is authorized to enter into the
Supplemental Lease with the Tenant in the form approved in this Ordinance. The Issuer shall request the
extension of the project exemption certificate to permit a sales tax exemption on the remaining construction.
Section 3. Execution of Supplemental Lease. The Mayor of the Issuer or member of the Issuer's
governing body authorized by Jaw to exercise the powers and duties of Mayor is authorized and directed to
execute the Supplemental Lease and deliver to the Trustee in substantially the forms presented for review prior
to final passage of this Ordinance, with such corrections or amendments as Mayor or other person lawfully acting
in the absence of the Mayor may approve , which approval shall be evidenced by his or her signature. The
authorized signatory may sign and deliver all other documents , certificates or instruments as may be necessary
6005 96.202 11\CRBS UPPLEMENTA LDOC S\ORDINANCE
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or desirable to carry out the purposes and intent of this Ordinance. The City Clerk or the Deputy City Clerk of
the Issuer is hereby authorized and directed to attest the execution of the Supplemental Lease and such other
documents , certificates and instruments as may be necessary or desirable to carry out the intent of this Ordinance
under the Issuer's corporate seal.
Section 4. Authority To Correct Errors, Etc. The Mayor or member of the Issuer's governing
body authorized to exercise the powers and duties of the Mayor in Mayor's absence, the City Clerk and any
Deputy City Clerk are hereby authorized and directed to make any alterations, changes or additions in the
instruments herein approved, authorized and confirmed which may be necessary to correct errors or omissions
therein or to conform the same to the other provisions of said instruments or to the provisions of this Ordinance.
Section 5. Further Authority. The officials, officers, agents and employees of the Issuer are authorized
and directed to take whatever action and execute whatever other documents or certificates as may be necessary
or desirable to carry out the provisions of this Ordinance and to carry out and perform the duties of the Issuer
with respect to the Bonds.
Section 6. Effective Date. This Ordinance shall take effect after its final passage by the governing body
of the Issuer, signature by the Mayor and publication once in the Issuer's official newspaper.
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6005 96.20211 \IRBSUPPLE MENTALDOCS\O RDIN ANCE
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PASSED by the governing body of the Issuer on June 12, 2023 and SIGNED by the Mayor of the City
of Salina, Kansas.
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600596.20211 \lRBSUPPLEMENT ALDOCS \ORDINANCE
(Issuer's Signature Page to Ordinance)
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SUMMARY OF ORDINANCE NO. 23-11154
On June 12, 2023, the governing body of the City of Salina, Kansas passed an ordinance entitled:
AN ORDINANCE AUTHORIZING THE CITY OF SALINA, KANSAS TO AMEND
AND SUPPLEMENT THE PROJECT LEASE RELATING TO ITS TAXABLE
INDUSTRIAL REVENUE BONDS, SERIES 2021 (GREAT PLAINS PROJECT); AND
AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN
CONNECTION THEREWITH.
The Ordinance authorizes the Issuer to amend terms relating to its Taxable Industrial Revenue Bonds,
Series 2021 (Great Plains Project) issued in the aggregate principal amount not to exceed $20,000,000 (the
"Bonds"), for the purpose of paying the costs of acquiring, renovating and equipping a manufacturing facility
(the "Project"). The Project will continue to be leased by the Issuer to GPM No . 2, LLC, a Kansas limited liability
company (the "Tenant") pursuant to a Project Lease . Supplemental Lease No. 1 will amend the terms of the
Project Lease to permit the Tenant to continue to make improvements to the Project through December 31, 2025 .
A complete text of the Ordinance may be obtained or viewed free of charge at the office of the City
Clerk, City Hall, 300 West Ash, Salina, Kansas. A reproduction of the Ordinance is available for not less than
7 days following the publication date of this Summary at www.salina-ks.gov.
This Summary is hereby certified to be legally accurate and sufficient pursuant to the laws of the State
of Kansas.
DATED: June /)._, 2023 .
600596 .20211 \IRBSUPPLEMENT ALDOCS \ORDINANCE