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88-3997 Issue Temporary Notes PT-99Kinn -Con Printing — Salina. Kansas RESOLUTION NUMBER 88-3997 A RESOLUTION AUTHORIZING AND DIRECTING THE ISSUANCE OF TEMPORARY NOTES OF THE CITY OF SALINA, KANSAS, IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING $23,000.00 FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COST OF CERTAIN SIDEWALK IMPROVEMENTS IN SAID CITY. WHEREAS, pursuant to K.S.A. 12-6a01 to 12-6a17, inclusive, and all other provisions of the laws of the State applicable thereto, by proceedings duly had and other actions duly and legally taken, the City of Salina, Kansas (the "City") , is proceeding with the street and utility improvements in the City (the "Project") , and WHEREAS, the cost of said improvement is to be paid in whole or in part by the issuance of general obligation bonds of the City in the manner provided by law, and WHEREAS, it will be necessary from time to time for the City to provide cash funds to meet its obligations incurred in acquiring and constructing the Project prior to the completion of the Project and the issuance of the bonds of the City, and it is desirable and to the interest of the City that such funds be raised by the issuance of temporary notes of the City, said temporary notes to be issued by the City under and pursuant to the provisions of K.S.A. 10-123, SO NOW, THEREFORE BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Section 1. For the purpose of providing funds to pay the cost of the Project there shall be issued from time to time as required during the progress work on the Project temporary notes of the City in an aggregate principal amount not exceeding $23,000.00, hereby designated Series PT -99 (the "Notes"). . Section 2. The Notes shall be issued bearing such date, becoming due not more than four years after date, in such principal amounts and bearing such rate or rates of interest payable at maturity as may be fixed from time to time by resolution of the City and upon such further terms specified in the form of Note set forth in Section 4. The City shall have the right to redeem and pay the Notes and each of them at any time prior to their maturity at the principal amount thereof plus accrued interest to date of payment, provided the City shall give not less than five days' notice of its intent to pay such Notes, said notice to be given by publication once- in The Salina Journal, the official city newspaper. Section 3. The City Clerk shall keep the note registration books of the City on which it shall record the initial and all subsequent registered owners of the Notes and all transfers thereof. The Notes may be transferred on such registration books as specified in the form of Note set forth, in Section 4. Section 4. The Notes shall be issued in certificated form in substantiallythe orm set forth in this Section subject to such changes and variations as may be required to comply with the. Kansas Bond Registration Law, K.S.A. 1984 Supp. 10-620 to 10-632, inclusive, and the rules and regulations appertaining thereto published in the Kansas Register by the Attorney General of the State of Kansas. The certificated Notes may have endorsed thereon such legends or test as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any custom, usage or requirement of law with respect thereto. REGISTERED NUMBER UNITED STATES OF AMERICA STATE OF KANSAS COUNTY OF SALINE CITY OF SALINA MUNICIPAL TEMPORARY NOT SERIES PT -99 Interest Maturity Note Rate Date Date REGISTERED HOLDER: PRINCIPAL AMOUNT: REGISTERED $ THE CITY OF SALINA, KANSAS (the "City"), for value received, hereby promises to pay to the Registered Holder identified above, or registered assigns, on the Maturity Date identified above, unless called for redemption prior to maturity, the Principal Amount identified above and to pay interest thereon on the Maturity Date in the Interest Rate spec fied above from the Bond Date identified above. Both principal and interest are payable to the Registered Holder upon presentation and surrender hereof at the office of the City Treasurer in the City of Salina, Kansas. THIS NOTE is THE CITY hereby reserves the right to redeem and pay this Note at the City Clerk of the City (hereinafter any time prior to its maturity at the principal amount thereof plus accrued acting in that capacity) interest to date of payment, provided the City shall give not less than five days' the Note Registrar duly notice of its intent to pay this Note, such notice to be given by publication once by a written in the official city newspaper. satisfactory to the Note Registrar duly THIS TEMPORARY NOTE is one of a series designated as Series PT -99 of the City in an authorized of temporary notes aggregate principal or his attorney or legal representative and thereupon a new Note in the same amount not exceeding the sum of $23,000.00, issued under and pursuant to the transferee in exchange provisions of K.S.A. 10-123, for the purpose of providing funds to pay the cost of certain street and utility improvements in the City ( he "Project"), the Project having been duly and regularly authorized by the governing body of the City. The Project is to be paid for in whole or in part by th issuance of bonds of the City and is being made under the authority of and i full compliance with the provisions, restrictions and limitations of the constit tion and statutes of the State of Kansas, including K.S.A. 12-6a01 to 12-6a17 inclusive, and all other provisions of the laws of said State applicable the eto. This note and all interest thereon are to be paid by the City. THIS NOTE is transferable only in the Note Register at the office of the City Clerk of the City (hereinafter referenced as the Note Registrar when acting in that capacity) upon surrender of this Note to the Note Registrar duly endorsed for transfer or accompanied by a written instrument of transfer satisfactory to the Note Registrar duly executed byte registered owner hereof or his attorney or legal representative and thereupon a new Note in the same aggregate principal amount shall be issued to the transferee in exchange therefor. THIS NOTE shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolutions of the City authorizing the issuance of this Note until the Certificate of Registration hereon shall have been dated and executed by the Note Registrar. IT IS HEREBY DECLARED AND CERTIFIED that all acts, conditions and things required to be done and to exist precedent to and in the issuing of this Note have been properly done and performed and do exist in regular and due form as required by the constitution and laws of the State of Kansas, and that the total indebtedness of the City, including this Note, does not exceed any constitutional or statutory limitation. Kuhn -C,. Printing — Salina, Kansas 1 1 IN WITNESS WHEREOF, the City of Salina, Kansas, has caused this Note to be signed by its proper officers and its corporate seal to be affixed, and the same to be dated this day of , 198 /May6r [SEAL] ATTEST: City Clerk ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- CERTIFICATE OF REGISTRATION This Temporary Note shall not be negotiable unless and until countersigned below following registration by the Treasurer of the State of Kansas. This Note has been registered as to principal and interest in the registration books of the City of Salina, Kansas. Registration Date: [SEAL] City Clerk ------------------------------------------------------------------------------- CITY CLERK'S CERTIFICATE STATE OF KANSAS ) ) SS. COUNTY OF SALINE ) I, the undersigned, City Clerk of the City of Salina, Kansas, hereby certify that the within Temporary Note of the City of Salina, Kansas, has been duly registered in my office according to law. WITNESS my hand and official seal this , 19 . City Clerk [SEAL] ------------------------------------------------------------------------------- STATE TREASURER'S CERTIFICATE 1, , Treasurer of the State of Kansas, hereby certify that a full and complete transcript of the proceedings leading up to the issuance of this Temporary Note has been filed in my office, and that this Temporary Note was registered in my office according to law this WITNESS my had and official seal. Treasurer of the State of Kansas By Assistant State Treasurer [SEAL] -------------------------------------------------------------------------------- K.h,C.. Printing — Salina, Kansas 1 1 ASSIGNMENT FOR VALUE RECEIVED the undersigned does (do) hereby sell, assign and transfer to ( Name and Address) (Social Security or Taxpayer Identifying Number) the note to which this assignment is affixed in the outstanding principal amount of $ , standing in the name of the undersigned on the books of the State Treasurer of Kansas. The undersigned does (do) hereby revocably constitute and appoint attorney to transfer the said bond to the substitution in the premises. Dated: ame Account No. Signature (Sign Here Exactly as Name or Names Appear on the Face of the Certificate) (Signature Guarantee) Section 5. The Notes shall be executed by the Mayor and City Clerk and the Seal of the City shall be affixed thereto, and after such execution and the registration of the Notes by the City Clerk and by the State Treasurer, shall be countersigned by the City Clerk and shall be delivered to the purchaser thereof upon receipt of the purchase price thereof, said price to be not less than par plus accrued interest. The proceeds of the Notes shall be placed in the City Treasury and applied solely to pay the cost of the Project. Adopted by the Board of Commissioners and signed by. the Mayor this 22nd day of August, 1988. S dne (S d rber y o e g, , Mayor [SEAL] ATTEST: i �-�.,.c Robert K. Biles, City Clerk