(Published in the Montgomery County Chronicle on Thursday, June 4, 11 and 18, 2009)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KAN., CIVIL DEPARTMENT

U.S. Bank, N.A. (Plaintiff)
vs.
Jeremy Lakin and Anna Lakin, et al. (Defendants)

Notice Of Sale
Case No.  09CV66I
Court Number:
Pursuant to K.S.A. Chapter 60
Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Montgomery County, Kansas, the undersigned Sheriff of Montgomery County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand, at the the South door of the Judicial Center of the Courthouse at Independence, Montgomery County, Kansas, on June 25, 2009, at 2:00 PM, the following real estate:
Lot 1, College Crest Addition to the City of Independence, Montgomery County, Kan., commonly known as 823 W Oak St., Independence, KS 67301 (the “Property”)
to satisfy the judgment in the above-entitled case. The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court. For more information, visit www.Southlaw.com.
Robert Dierks, sheriff
Montgomery County, Kansas
South & Associates, P.C.
Tricia M. Oldridge   (KS #18213)
8621 E. 21st Street N., Suite 170
Wichita, Kansas  67206
(316) 684-7733
(316) 684-7766 (Fax)

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(Published in the Montgomery County Chronicle on Thursday, June 4, 11 and 18, 2009)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KAN., CIVIL COURT DEPARTMENT

BANK OF AMERICA, N.A., (Plaintiff)
vs.
ELLOUESE UPTON, DECEASED, et al.  (Defendants)
Case No. 09 CV 33 C
Court No.
Title to Real Estate Involved

NOTICE OF SUIT
STATE OF KANSAS to the above named Defendants and all other persons who are or may be concerned:
YOU ARE HEREBY NOTIFIED that a Petition for Mortgage Foreclosure has been filed in the District Court of Montgomery County, Kansas by Bank of America, N.A., praying for foreclosure of certain real property legally described as follows:
THE EAST 90 FEET OF LOT 5, BLOCK 88, CITY OF INDEPENDENCE, MONTGOMERY COUNTY, KANSAS, (“PROPERTY”)
and for a judgment against Defendant Ellouese Upton, Deceased and any other interested parties and you are hereby required to plead to the Petition for Foreclosure on or before July 16, 2009 at Montgomery County, Kansas.  If you fail to plead, judgment and decree will be entered in due course upon the request of plaintiff.
MARTIN, LEIGH, LAWS & FRITZLEN, P.C.
Beverly M. Weber KS #20570        Emily W. Hess KS #23035
1044 Main St., Suite 900
Kansas City, MO 64105
Telephone: (816) 221-1430
Facsimile: (816) 221-1044
Attorney for Plaintiff

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(Published in the Montgomery County Chronicle on Thursday, June 11, 18 and 25, 2009)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KANSAS

American General Finance, Inc., (Plaintiff)
vs.
Dennis D. Baker, Janella A. Baker, Montgomery County Board of Tax Commissioners, John Doe and Mary Doe, Unkonwn heirs, executors, administrators, devisees, trustees, creditors and assigns of any deceased defendants; the unknown spouses of any defendants; the unknown officers, successors, trustees, creditors and assigns of any defendants that are existing, dissolved or dormant corporations; the unknown executors, administrators, devisees, trustees, creditors, successors and assigns of any defendants that are or were partners or in partnership with any defendants; the unknown Guardians, conservators and trustees of any defendants that are minors or are under legal disability; and the unknown heirs, executors, administrators, devisees, trustees, creditors and assigns of any person alleged to be deceased, and all other persons who are to be concerned (Defendants).

NOTICE OF
SHERIFF’S SALE
Case No. 09CV29I
Chapter 60
Title to Real Estate Involved
NOTICE IS HEREBY GIVEN that under and by virtue of an  Order of Sale issued by the Clerk of the District Court of Montgomery County, Kansas, in the case above-numbered, wherein the parties above-named were respectively Plaintiff and Defendants, and to me the undersigned Sheriff of Montgomery County, Kansas direct, I will offer for sale at public auction and sell to the highest bidder for cash in hand at Montgomery County Courthouse, Judicial Center, 300 E. Main, South Steps, in the City of Independence, Montgomery County, Kansas on the 9th day of July, 2009 at 10:00 o’clock a.m. of said day, the following described real estate situated in the County of Montgomery, State of Kansas, to wit:
The East 224.50 feet of the West 312 feet of the North 440 feet of Lot 51, County Clerk’s subdivision of the East ½ of the Northeast ¼ of Section 35, Township 34 South, Range 16 East of the 6th P.M.
EXCEPT
The East 50 feet of the West 137.50 feet of the North 440 feet of Lot 51, County Clerk’s subdivision
together with all fixtures, appurtenances, etc. said real property is levied upon as the property of defendant, Ron L. Hess, a/k/a Ronnie L. Hess, and all other alleged owners and will be sold without appraisal to satisfy said order of sale.
Dated at Oswego, Kansas this 11th day of March, 2009.
William C. Blundell, sheriff
Labette County, Kan.
Scott B. Haines, attorney for American General Finance, Inc.
Telephone (913) 491-5500
Fax (913) 491-3341

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(Published in the Montgomery County Chronicle on Thursday, June 18, 25 and July 2, 2009)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KANSAS

U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006 BC3 (Plaintiff)
vs.
William D. Purcell, et al (Defendants)

Case No. 08CV124
K.S.A. 60
Mortgage Foreclosure
Division 0

NOTICE OF
SHERIFF’S SALE
Under and by virtue of an Order of Sale issued by the Clerk of the District Court in and for the said County of Montgomery, State of Kansas, in a certain cause in said Court Numbered 08CV124, wherein the parties above named were respectively plaintiff and defendant, and to me, the undersigned Sheriff of said County, directed, I will offer for sale at public auction and sell to the highest bidder for cash in hand at 02:00 PM, on 07/16/2009, at the Main Door of the Courthouse in Independence, Montgomery County, Kansas, the following described real estate located in the County of Montgomery, State of Kansas, to wit:
LOT 12, EXCEPT THE NORTH 95 FEET, IN BLOCK 1, RIDGEWAY`S ADDITION TO THE CITY OF CANEY, MONTGOMERY COUNTY, KANSAS, COMMONLY KNOWN AS 217 E. 4TH AVE.
Sara Knittel, # 23624
Erika Knapstein, # 23882
Clinton P. Woerth, # 19609
Kozeny & McCubbin, L.C. St. Louis
12400 Olive Blvd., Suite 555
St. Louis, MO 63141
(314) 991-0255
(314) 567-8006
Email: sknittel@km-law.com
Attorney for Plaintiff

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(Published in the Montgomery County Chronicle on Thursday, June 18, 25 and July 2, 2009)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KANSAS CIVIL DEPARTMENT

The Bank of New York (f/k/a/ The Bank of New York as successor to JPMorgan Chase Bank, N.A., as Trustee for the C-Bass Mortgage Loan Asset-Backed Certificates, Series 2005-RP2 (Plaintiff)
vs.
Curtiss W. George and Linda C. George, et al (Defendants)

Case No.  09CV32I
Court Number:
Pursuant to K.S.A. Chapter 60

Notice Of Sale
Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Montgomery County, Kansas, the undersigned Sheriff of Montgomery County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand, at the the South door of the Judicial Center of the Courthouse at Independence, Montgomery County, Kansas, on July 9, 2009, at 2:00 PM, the following real estate:
The West 125 feet of Lot 20, Block 2, West End Place, Coffeyville, MORE ACCURATELY DESCRIBED AS: The West 125 feet of Lot 20, Block 2, West End Place Addition, Coffeyville, Montgomery County, Kansas, commonly known as 1826 W. 8th Street, Coffeyville, KS  67337 (the “Property”)
to satisfy the judgment in the above-entitled case.  The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court. For more information, visit www.Southlaw.com.
Robert Dierks, sheriff
Montgomery County, Kansas
South & Associates, P.C.
Mark Mellor   (KS #10255)
6363 College Boulevard, Suite 100
Overland Park, Kansas  66211
(913) 663-7600
(913) 663-7899 (Fax)
Attorneys For Plaintiff (96554)

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(Published in the Montgomery County Chronicle on Thursday, June 18, 25 and July 2, 2009)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KANSAS CIVIL DEPARTMENT
IndyMac Federal Bank, F.S.B. (Plaintiff)
vs.
Todd C. Cook vs. Elizabeth A. Cook, et al (Defendants)
Case No. 09CV67I
Court Number:
Pursuant to K.S.A. Chapter 60

Notice Of Sale
Under and by virtue of an Order of Sale issued to me by the Clerk of the District Court of Montgomery County, Kansas, the undersigned Sheriff of Montgomery County, Kansas, will offer for sale at public auction and sell to the highest bidder for cash in hand, at the the South door of the Judicial Center of the Courthouse at Independence, Montgomery County, Kansas, on July 9, 2009, at 2:00 PM, the following real estate:
Beginning at the NE corner of Lot 8, County Clerk’s Subdivision of the NW/4 of the SW/4 of Section 33, Township 34 North, Range 16, Montgomery County, Kansas; thence running West 327 feet; thence South 130 feet; thence East 327 feet, thence North 130 feet to the place of beginning., commonly known as 101 S. Glendale Avenue, Coffeyville, KS  67337 (the “Property”)
to satisfy the judgment in the above-entitled case.  The sale is to be made without appraisement and subject to the redemption period as provided by law, and further subject to the approval of the Court. For more information, visit www.Southlaw.com.
Robert Dierks, Sheriff
Montgomery County, Kansas
South & Associates, P.C.
Mark Mellor   (KS #10255)
6363 College Boulevard, Suite 100
Overland Park, Kansas  66211
(913) 663-7600
(913) 663-7899 (Fax)
Attorneys For Plaintiff (77935)

* * * *

(Published in the Montgomery County Chronicle on Thursday, June 18, 25 and July 2, 2009)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KANSAS CIVIL DEPARTMENT

Wells Fargo Bank, NA (Plaintiff)
vs.
Harold Abildgaard a/k/a H.R. Abildgaard, a/k/a Harold Holidgaard, a/k/a Harold Mike Abildgaard, a/k/a Harold Raymond Abildgaard (deceased), et al (Defendants)

Case No. 09CV15I
K.S.A. 60
Mortgage Foreclosure
Division 0

NOTICE OF
SHERIFF’S SALE
Under and by virtue of an Order of Sale issued by the Clerk of the District Court in and for the said County of Montgomery, State of Kansas, in a certain cause in said Court Numbered 09CV15 I, wherein the parties above named were respectively plaintiff and defendant, and to me, the undersigned Sheriff of said County, directed, I will offer for sale at public auction and sell to the highest bidder for cash in hand at 02:00 PM, on 07/16/2009, at the Main Door of the Courthouse in Independence, Montgomery County, Kansas, the following described real estate located in the County of Montgomery, State of Kansas, to wit:
ALL THAT PARCEL OF LAND IN MONTGOMERY COUNTY, STATE OF KANSAS, AS MORE FULLY DESCRIBED IN BOOK 506, PAGE 263, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NE CORNER OF THE W2 OF THE NW4, THENCE WEST 195.34 FEET THENCE SOUTH 223 FEET, THENCE EAST 195.34 FEET, THENCE NORTH 223 FEET TO THE POINT OF BEGINNING: AND BEGINNING 223 FEET SOUTH OF THE NE CORNER OF THE W 12 OF THE NW4, THENCE WEST 624.55 FEET TO THE EAST LINE OF THE HIGHWAY RIGHT OF WAY THENCE SOUTHWESTERLY ALONG SAID RIGHT OF WAY A DISTANCE OF 209.58 FEET TO A POINT 421.5 FEET SOUTH OF THE NORTH LINE OF SAID NW4, NW4 THENCE EAST 691.8 FEET TO THE EAST LINE OF SAID W4 NW4, THENCE NORTH 198.5 FEET TO THE POINT OF BEGINNING ALL IN SECTION 19, TOWNSHIP 31, RANGE 16, MONTGOMERY COUNTY, KANSAS, EXCEPT THAT PART DEEDED TO THE SECRETARY OF TRANSPORTATION OF THE STATE OF KANSAS AS DESCRIBED ON WARRANTY DEED RECORDED IN BOOK 431, PAGE 244.
Robert Dierks, sheriff
Montgomery County, Kansas
Sara Knittel, # 23624
Erika Knapstein, # 23882
Clinton P. Woerth, # 19609
Kozeny & McCubbin, L.C. St. Louis
12400 Olive Blvd., Suite 555
St. Louis, MO 63141
(314) 991-0255
(314) 567-8006
Email: sknittel@km-law.com
Attorney for Plaintiff

* * * *

(Published in the Montgomery County Chronicle on Thursday, June 18, 25 and July 2, 2009)

IN THE DISTRICT COURT OF
MONTGOMERY COUNTY, KANSAS CIVIL DEPARTMENT

Chase Home Finance LLC (Plaintiff)
vs.
Gregory A. Horner a/k/a Gregory Alan Horner; Allyson C. Horner a/k/a Allyson Courtney Horner; Unknown Spouse, if any, of Gregory A. Horner; Unknown Spouse, if any, of Allyson C. Horner; John Doe (Tenant/Occupant); Mary Doe (Tenant/Occupant), (Defendants)

Case No. 09CV82I
Court Number:
Pursuant to K.S.A. Chapter 60

Notice Of Suit
The State Of Kansas, to the above-named defendants and the unknown heirs, executors, administrators, devisees, trustees, creditors and assigns of any deceased defendants; the unknown spouses of any defendants; the unknown officers, successors, trustees, creditors and assigns of any defendants that are existing, dissolved or dormant corporations; the unknown executors, administrators, devisees, trustees, creditors, successors and assigns of any defendants that are or were partners or in partnership; the unknown guardians, conservators and trustees of any defendants that are minors or are under any legal disability; and the unknown heirs, executors, administrators, devisees, trustees, creditors and assigns of any person alleged to be deceased, and all other persons who are or may be concerned.
You are notified that a Petition has been filed in the District Court of Montgomery County, Kansas, praying to foreclose a real estate mortgage on the following described real estate:
Lots 1, 2 and the E/2 of Lot 3, Country Club Addition, being a sub-divison of part of the NE/4, Section 27, Township 34, Range 16, Montgomery County, Kansas, commonly known as 1405 Meadow Street, Coffeyville, KS  67337 (the “Property”)
and all those defendants who have not otherwise been served are required to plead to the Petition on or before the 29th day of July, 2009, in the District Court of Montgomery County, Kansas.  If you fail to plead, judgment and decree will be entered in due course upon the Petition.

NOTICE
Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. §1692c(b), no information concerning the collection of this debt may be given without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction. The debt collector is attempting to collect a debt and any information obtained will be used for that purpose.
Randall Wharton (KS Bar No. 22897)
South & Associates, P.C.
245 N. Waco St., Suite 400
Wichita, KS  67202
Attorneys For Plaintiff
(100173)

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(Published in the Montgomery County Chronicle on Thursday, June 18, 25 and July 2, 2009)

IN THE DISTRICT COURT OF MONTGOMERY COUNTY, KAN., CIVIL DEPARTMENT

US Bank National Association, as Trustee for Structured Asset Securities Corporation Trust 2006-WF2 (Plaintiff)
vs.
Henry C Crider, et al., (Defendants)
Case No. 07CV161I
K.S.A. 60
Mortgage Foreclosure
Division 0

NOTICE OF
SHERIFF’S SALE
Under and by virtue of an Order of Sale issued by the Clerk of the District Court in and for the said County of Montgomery, State of Kansas, in a certain cause in said Court Numbered 07CV161I, wherein the parties above named were respectively plaintiff and defendant, and to me, the undersigned Sheriff of said County, directed, I will offer for sale at public auction and sell to the highest bidder for cash in hand at 02:00 PM, on 07/16/2009, at the Main Door of the Courthouse in Independence, Montgomery County, Kansas, the following described real estate located in the County of Montgomery, State of Kansas, to wit:
LOT 7, ROSZEL`S ADDITION TO THE CITY OF COFFEYVILLE, MONTGOMERY COUNTY, KANSAS.
Robert Dierks, sheriff
Montgomery County, Kansas
Sara Knittel, # 23624
Erika Knapstein, # 23882
Clinton P. Woerth, # 19609
Kozeny & McCubbin, L.C. St. Louis
12400 Olive Blvd., Suite 555
St. Louis, MO 63141
(314) 991-0255
(314) 567-8006
Email: sknittel@km-law.com
Attorney for Plaintiff

* * * *

(First published in The Montgomery County Chronicle on June 18, 2009)

PLANNING COMMISSION OF
MONTGOMERY COUNTY, KANSAS

Notice To The Public
The Montgomery County Planning Commission will conduct a public hearing on:
THURSDAY, JULY 9, 2009 AT 7:00 P.M.
to review a preliminary plat for the division of a tract of land located in a portion of the Northwest Quarter of Section 31, Township 32 South, Range 17 East of the 6th Principal Meridian, Montgomery County, Kansas, being more particularly described as follows;
LEGAL
Commencing at the Northwest corner of section 31; thence S 01º45’51” E along the West line of the Northwest Quarter of said Section 31 a distance of 137.70 feet to the Southerly right-of-way line of Highway 160; thence N 88º14’09” E along said right-of-way line a distance of 25.00 feet to the Point of Beginning; thence N 09º12’20” E along said right-of-way line a distance of 106.53 feet; thence S 87º54’22” E along said right-of-way a distance of 1968.19 feet to the West line of a tract of land described in Deed Book 391 at Page 229; thence S 01º34’52” E, along said West line, a distance of 178.65 feet to the Southwest corner thereof: thence S 87º54’52” E, along the South line of said tract, a distance of 208.71 feet to the East line of Lot 2 of said Section 31; thence S 01º34’53” E, along said East line, a distance of 587.29 feet; thence N 87º54’06” W a distance of 2194.78 feet to the East right-of-way line of County Road No. 5100; thence N 01º45’51”W, along said East right-of-way, a distance of 659.99 feet to the point of beginning.
The hearing will be conducted in the basement of the Judicial Center, 300 East Main, Independence, Kansas, and will begin at 7:00 p.m.
All interested persons should attend and they will be heard.
Persons wishing to comment, but who cannot attend this hearing, should provide their written comment to:
Charlotte A. Scott Schmidt
Montgomery County Clerk
P.O. Box 446
Independence, KS 67301
prior to 5:00 p.m., Wednesday, July 8, 2009.
Reasonable  accommodations are available to persons needing assistance.

* * * *

(First published in the Montgomery County Chronicle on June 4, 2009, and subsequently on June 11, 18 and 25, 2009)

PUBLIC NOTICE
In accordance to K.S.A. 72-6214 and K.S.A. 1999 Supp. 72-963, Tri-County Special Education Cooperative Interlocal 607 is informing those individuals and/or their legal guardians of its; intent to destroy non-essential student records for those individuals who participated in Tri-County services with a date of birth in or prior to 1983. Tri-County will continue to maintain the following information in a permanent file:
1. The student’s last known name, address and telephone number;
2. Social security number;
3. Home school district and last known attendance center.
4. Exceptionality and services provided;
5, Date services were exited or when the student graduated.
If you are an individual who participated in Tri-County services during this time (and/or their legal guardian) and wish copies of any or all of these records prior to their destruction, please contact the Tri-County central office at (620) 331-6303 or submit a  written request to:
Tri-County Special Education
Cooperative Interlocal #607
P.O. Box 668
220 East Chestnut
Independence, Kansas 67301
There will be a charge for postage for those record mailed. This must be prepaid in advance. Letters or contacts for records must be received prior to July 1, 2009.

* * * *

(Published in the Montgomery County Chronicle on Thursday, June 18, 2009)

CITY OF CANEY
ORDINANCE NO. 2082
AN ORDINANCE AUTHORIZING THE CITY OF CANEY, KANSAS TO ISSUE ITS TAXABLE INDUSTRIAL REVENUE BONDS, SERIES 2009 (SPEARS CANEY, INC.) IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING $5,000,000 FOR THE PURPOSES OF ACQUIRING, CONSTRUCTING AND EQUIPPING AN ADDITIONAL BUILDING ADJACENT TO AN EXISTING MANUFACTURING FACILITY; AUTHORIZING EXECUTION OF A SUPPLEMENTAL BOND AGREEMENT NO. 1 BY AND BETWEEN THE CITY, ROBERT WAYNE SPEARS, AN ALASKA RESIDENT, AND THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., ST. LOUIS, MISSOURI; AUTHORIZING THE CITY TO CONTINUE TO LEASE SUCH FACILITY TO ROBERT WAYNE SPEARS AND AUTHORIZING EXECUTION OF A SUPPLEMENTAL LEASE NO. 1 BETWEEN SAID CITY AND ROBERT WAYNE SPEARS; APPROVING THE FORM OF A SUBLEASE BETWEEN ROBERT WAYNE SPEARS ANS SPEARS CANEY, INC.; AND AUTHORIZING THE EXECUTION OF ADDITIONAL DOCUMENTS NECESSARY OF DESIRABLE TO EFFECT THE TRANSACTION CONTEMPLATED HEREBY.
THE GOVERNING BODY OF THE CITY OF CANEY, KANSAS HAS FOUND AND DETERMINED:
A. The City of Caney, Kansas (the “Issuer”) is authorized by the Kansas Economic Development Revenue Bond Act, as amended, as codified in K.S.A 12-1740 et seq. (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 any person, firm or corporation for such facilities, and to issue revenue bonds for the purpose of paying the costs of such facilities.
B. Pursuant to Ordinance No. 2020 adopted on July 17, 2002 (the “Original Resolution”) and a Bond Agreement dated as of July 15, 2002 among the Issuer, Robert Wayne Spears, an Alaska resident, (the “Tenant”) and The Bank of New York Mellon Trust Company, N.A., as successor to INTRUST  Bank, N.A., (the “Bank”) (the “Original Bond Agreement”), the Issuer has previously issued its Taxable Industrial Revenue Bonds, Series 2002 (Robert Wayne Spears) dated July 15, 2002 (the “Original Bonds”), in the original principal amount of $5,000,000, for the purpose of acquiring, construction and equipping a manufacturing facility (the “Original Project”); and
C. Pursuant the Original Project was leased to the Tenant, pursuant  to the provisions of a certain Lease dated as of July 15, 2002 between the City and the Tenant (the “Original Lease”);
D. Pursuant the Tenant has requested the City assist in additional financing proposed by the Tenant for the further acquisition, construction and equipping of the Original Project (the “Project Additions”) by the issuance of Taxable Industrial Revenue Bonds, Series 2009 (Flint Oak Ranch Project) in aggregate principal amount of not to exceed $5,000,000 (the “Series 2009 Bonds”) for such purpose as more fully described in the Supplemental Bond Agreement and in the Supplemental Lease hereinafter authorized; and
E. 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 issue its Taxable Industrial Revenue Bonds, Series 2009 (Spears Caney, Inc.) dated July 1, 2009 in an aggregate principal amount not exceeding $5,000,000 (the “Series 2009 Bonds”). for the purpose of paying the costs of acquiring, constructing and equipping an additional building (the “Project Additions”) adjacent to an existing manufacturing facility (the “Original Project”), as more fully described in the Bond Agreement and in the Lease authorized in this ordinance for lease to Robert Wayne Spears, Inc., an Alaska resident (the “Tenant”), and in the sublease between Robert Wayne Spears and Spears Caney, Inc., a Kansas corporation (the “Subtenant”); and
F. The Issuer’s governing body finds that it is necessary and desirable in connection with the issuance of the Series 2009 Bonds to execute and deliver the following documents (collectively, the “Bond Documents”):
(i) a Supplemental Bond Agreement No. 1 ( the “Supplemental Bond Agreement”), between the Issuer, the Tenant and the Bank prescribing the terms and conditions of issuing and securing the Series 2009 Bonds; and
(ii) a Supplemental Lease No. 1 (the “Supplemental Lease”), with the Tenant, under which the Issuer will acquire, construct and further equip the Original Project and lease it to the Tenant in consideration of Basic Rent and other payments.
G. The Issuer’s governing body has found that under the provisions of K.S.A. 79-201a Second, the Project Additions purchased or constructed with the proceeds of the Series 2009 Bonds is eligible for exemption from ad valorem property taxes for up to 10 years, commencing in the calendar year following the calendar year in which the Series 2009 Bonds are issued, if proper application is made. The Issuer’s governing body has further found that the Project Additions should be exempt from ad valorem property taxes for a period of 10 years. Prior to making this determination, the governing body of the Issuer has conducted the public hearing and reviewed the analysis of costs and benefits of such exemption required by K.S.A. Supp. 12-1749d.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CANEY, KANSAS:
Section 1. Definition of Terms. All terms an phrases not otherwise defined in this ordinance will have the meanings set forth in the Original Bond Agreement, the Supplemental Bond Agreement, the Original Lease and the Supplemental Lease.
Section 2. Authority to Cause the Project Additions to be Purchased and Constructed. The Issuer is authorized to cause the Project Additions to be acquired, constructed and further equipped in the manner described in the Supplemental Bond Agreement an the Supplemental Lease.
Section 3. Authorization of and Security for the Bonds. The Issuer is authorized and directed to issue the Series 2009 Bonds, to be designated “City of Caney, Kansas Taxable Industrial Revenue Bonds, Series 2009 (Spears Caney, Inc.), “ in an aggregate principal amount not exceeding $5,000.000. The Series 2009 Bonds will be in such principal amount, will bear interest, will be subject  to optional redemption, and will have such other redemption provisions, including premiums, will be in such forms and will be issued according to the provisions, covenants, agreements and other terms as are set forth in the Bonds and the Bond Agreement. The Series 2009 Bonds are being issued for the purpose of providing funds to pay the costs of acquiring, constructing and equipping the Project Additions. The Series 2009 Bonds will be special limited obligations of the Issuer payable solely from revenues generated from the Project and the Lease of the Project. The Series 2009 Bonds will not be general obligations of the Issuer, nor constitute a pledge of the faith and credit of the Issuer, and will not be payable in any manner by taxation.
Section 4. Authorization of Supplemental Bond Agreement. The Issuer is authorized to enter into the Supplemental Bond Agreement with the Bank and the Tenant in the form approved in this ordinance. The Issuer will issue and sell the Series 2009 Bonds and provide for payment of the Series 2009 Bonds and interest thereon from the revenues derived by the Issuer under the Lease and other moneys as described in the Supplemental Bond Agreement, all on the terms and conditions in the Bond Agreement.
Section 5. Authorization of Supplemental Lease of the Project Additions. The Issuer is authorized to enter into the Supplemental Lease with the Tenant in the form approved in this Ordinance. The Issuer will acquire, construct and further equip the Original Project with the Project Additions, and lease it to the Tenant according to the provisions of the Supplemental Lease. The proposed sublease of the Project Additions to Spears Caney, Inc. (the Subtenant”) is approved by the Issuer.
Section 6. Execution of Bonds and Bond Documents. The Mayor of the Issuer or such person authorized by the Issuer to act for the Mayor in the Mayor’s absence is hereby authorized and directed to execute the Series 2009 Bonds and deliver them to the Bank for authentication on behalf of the Issuer in the manner provided by the Act and in the Bond Agreement. The Mayor or other authorized signatory is hereby authorized and directed to execute and deliver the Bond Documents on behalf of the Issuer in substantially the forms presented for review prior to passage of this ordinance, which forms are approved, with such corrections or amendments as the Mayor or other authorized signatory shall approve, as evidenced by his or her signature. The authorized signatory may also sign and deliver such other documents, or certificates as may be necessary or desirable to carry out the purposes and intent of this ordinance and the Bond Documents. The City Clerk or the Deputy City Clerk of the Issuer is hereby authorized and directed to attest the execution of the Series 2009 Bonds, the Bond Documents and such other documents, certificates and instruments as may be necessary of desirable to carry out the intent of this ordinance under the Issuer’s corporate seal.
Section 7. Tax Exemption. The Project Additions will be exempt from ad valorem property taxes for 10 years, commencing in the calendar year after the calendar year in which the Series 2009 Bonds are issued. The Tenant must prepare the application for exemption and submit it to the Issuer for its review. After its review, the Issuer will submit the application for exemption to the Montgomery County Appraiser for review and transmittal to the State Court of Tax Appeals.
Section 8. Pledge of the Project and Net Lease Rentals. The Issuer hereby pledges the Project, including the Project Additions, and the net earnings therefrom to the payment of the Series 2009 Bonds in accordance with K.S.A. 12-1744. The lien created by the pledge will be discharged when all of the Series 2009 Bonds are paid or deemed to have been paid under the Bond Agreement.
Section 9. Further Authority. The officials, officers, agents and employees of the Issuer and authorized and directed to take whatever action and execute whatever other documents or certificates as may be necessary of desirable to carry out the provisions of this ordinance and to carry out and perform the Issuer’s duties with respect to the Series 2009 Bonds and the Bond Documents.
Section 10. Effective Date. This ordinance shall take effect after its passage by the governing body of the Issuer, signature by the Mayor and publication once in the Issuer’s official newspaper.
PASSED by the governing body of the City of Caney, Kansas this 15th day of June, 2009.
APPROVED AND SIGNED by the Mayor of the City of Caney, Kansas this 15th day of June, 2009.
Dale McBride, Mayor
ATTEST:
Carole Coker, City Clerk