01-10028 Affidavit of Publication
Ord. No. 01-10028
Following is a true and correct copy of
together with proof of publication of the same. (Published In The Selfne a)Cons'Tnction of two new and (I) shell-be junior and-sub-
Journal April 13,2001) secondary clarifiers; ordinate in all respects to the
ORDINANCE NUMBER b) Improvement and one- pledge of System Revenues to
01-10020 bilitation' of the recarbona- any Additional Revenue Obli-
A F F I D A V I T IZING THE'N EXECUTION c)n system;ehabmi orlon of the ex- System In the event that the
A LOAN AGREEMENT BE- Istin fitter and chemical
System Revenues t tiro insuffi-
A
TWEEN SALINA, KANSAS bui101n Includin 'Installs- dent to meet the obligations
AND THE STATE OF KAN-, g g under the Loan end the Loan
Kim Norwood SAS, ACTING BY AND tionof new filtercontrols, Agreement, the Municipality
I I, , being duly THROUGH THE KANSAS d) Rehabilitation hetlan entl
up-grade of the axis. without limitation as to rate or
DEPARTMENT OF HEALTH • build- amount upon all the taxable
AND ENVIRONMENT OF FOR tangible property, real or per-
sworn, declare that I am the Advertising Manager of THE THE PURPOSE OF OBTAIN• Inn; wnel, per-
within the territorial lim-
its A LOAN FROM THE e) Instalktion d remote its of the Municipality to pro-
KANSAS PUBUC WATER • monitoring and conhd duce the amounts necessary
SUPPLY LOAN FUND FOR ' equipment; for the prompt payment of the
SALINA JOURNAL, a daily newspaper published at Salina, THE PURPOSE OF FRANC- 0, Rehabilitation and re- for under the Loan
ING A PUBUC WATER SUP- model high service pump
and Loan Au greement In ac-
PLY PROJECT; ESTABUSH- station to serve as an ad-, cordance with the Loan Act,
Saline County, Kansas, and of general circulation in said ING 'A DEDICATED SOURCE ministration building;and the obligations under the Loan
OF REVENUE FOR REPAY- g) Miscellaneous controls, and the Loan Agreement shall
MENT OF SUCH LOAN; AU- valves, piping, silework, not be Included within any liml-
THORIZING AND APPROV- and all related appurte- tenon on the bonded Indebted-
county, which newspaper has been continuously and unin- ING CERTAIN DOCUMENTS nances thereto. Indebted-
ness the clpallty.
IN CONNECTION THERE- (the"Project');and _
terruptedly published for five consecutive years prior to first .CERTAIN AND ACTIONS has WHEREAS, steps Municipality Section a 'ay Mayor, e dUOr4
necessary ty. The Mayor, Clerk and olh-
L N CONNECTION WITH THE and has complied with Mn pro- er City officials and legal wun-
LOAN AGREEMENT. visions of the Loan Act and the ad are hereby further author-
publication of attached notice, and that the attached WHEREAS, the Safe Drink- provisions of K.A.R. 28-15.50 Ind and directed to execute
ing Water Act Amendments of through 28-15-65 (the "Regu- any and all documents and
Ord. No. 01-0028 .1996 (PL 104.1821 to the Safe rations') applicable thereto take such actions as they may
Drinking Water Act (the TS- necessary to qualify- for the deem necessary or advisable
era, , Act") established the loan;and in order to carry out and per-
t Drinking Water Loan Fund to WHEREAS, KOHE has in- form the purposes of the Oros
assist public water supply sys- formed the Municipality that it ' nance, and to make altere-
has been correctly published in said newspaper tems in financing the costs of has been approved for a loan dons, changes or additions in
infrastructure needed to aril- in amount of not to exceed the foregoing agreements,
eve. or maintain compliance $5,000,000 (the "Loan") in or- statements, instruments and
times, the first publication being given with me .Federal Act and to der tofnRaEna the Project:and other documents herein ap-
protect the public health and WHEREAS, the Governing proved, authorized and con-
April 13 2001 authorized the Environmental Body of the Municipality here- finned which they may ap-
Protection Agency (the 'EPA") by finds and determines that it prove, and the execution or
in the issue of , 19 to administer a revolving loan is necessary and desirable to taking of such action shall be
program operated by the indi- accept the Loan and to enter a conclusive evidence of such
vidual states;and : loan .agreement and certain necessity or advisability.
,/ryl/ WHEREAS, to fund the other documents relating Section 4. Governing Law.
I '" �� state revolving fund program, ' thereto, and to take certain ac- „The Ordinance and the Loan
the EPA wit make annual cap- I tions_required in order to im- l Agreement shall be governed
a. Xalization grants to the states. 1 element the Loan Agreement. exclusively by and construed
Subscribed and sworn to before me, this i on the condition that each '+SO NOW THEREFORE, - In accordance with•the app,i-
' / state provide a state match for BE IT ORDAINED by the cable laws of the State d Kan-
�A. y! �� such .state's revolving . fund; Goveming Body of'the City of sas,
y alina,Kansas: Section 5. Effective Data.
day Of A.D.A'D'
WHEREAS, by passage of Section a nt. ,,Authorization of This and be in shall take et-
the n ivy //✓�LI'sv_\ ply Loans Public Water Sup- Loan Agreement The Mu- and end be in sll e force from
--_�1[/.,j ply seq., Act, K.S.A. d81(the to cce is hLoeby and to en- and oiler its passage by the
et se Ac as amended te.of Kan- to accept me Loan Loan Agree-en- and publication Body of the City
Notary Public loan ect'), the State st Ksh- ter into a certain Loen Hereof any puspapern in the official
adc (the 'State') has establish- ment, 14, 0 ,effective date of City newspaper.
etl Supply Kansas Public Water March Kansas acting with by State
Supply Loan Fund (the me- of Kansas acting by and Introduced:April Apo 2,2001 •
voMng Fund') for purposes of through the Kansas Depart- .passed;April 9,2001
-„or g!;314$06,12$E OS ma FeER E Act;and ment of Health to and Emiron-
-.!�p�U.www_'N- WHEREAS, under the Loan meat (the 'Loan Agreement') /y Alan E.JiIka,Mayor
6. 2t” O Act, the Secretary of the,Kan- to finance .the Project Costs
= _ �..a sac Department of Health and (as defined in theLoan Agree- (SEAL)
Ln w �� Environment (the- -KDHE) is ment). The Mayor and Clerk ATTEST:
given the responsibility 'fir ad- am .hereby authorized to ere-
ministration and management cute the Loan Agreement in Id Lieu Ann Nicola,
of the Revolving Fund;and • substantially the form present- City clerk (10
WHEREAS, the Kansas De- ed to the Goveming Body this •
velopment Finance Authority date, with such changes or .
(the 'Authority) and KDHE modifications thereto as may
have entered into a Pledge be approved by the Mayor and
-Agreement (the "Pledge the Municipality's legal coun-
Agreement') pursuant 'to which se,, the Mayor's execution of
KDHE' •agrees to enter into the Loan Agreement being
Loan Agreements with Munid- conclusive evidence of such
polities •for public water supply approval.
projects (the. "Projects') and to Section 2. Establishment
pledge. the Loan Repayments • of Dedicated Source of Rev-
(as defined in the Pledge enue for Repayment of
Agreement)%•received pursuant Loan.. Pursuant to.the Loan
to such Loan Agreements to , Act, -the Municipality hereby
the Authority:and ' establishes a dedicated
WHEREAS, the Authority is source of revenue for repay-
authorized under K.S.A. 74- ment of the Loan. In accord-
8905(a) and the Loan Act to ante therewith, the Munidpali-
issue revenue bonds (the ty shall impose and. collect
'Bonds') for the purpose of . such rates, fees and charges
providing funds to implement for the use and services fur-
the State's requirements under niched by or through the Sys-
the Federal Act and to loan the tem, including all improve-
' same, together with available meats and addtions thereto
funds from the EPA.capitalize- hereafter constructed or ac-
tion grants, to Municipalities quired by the Municipality as
within the State for the pay- will provide System tam Revenues
meat of Project Costs (as said - (as defined in the Loan Agree-
terms are defined in the Loan' ment) sufficient to (a) pay the
Act);and • wet of the operation and
- WHEREAS, Salina, Kansas maintenance of the System,
(the 'Municipality') is a munici- (b) pay the principal of and in-
patty as said term is defined in rarest on the Loan as and
the Loan Act which operates a when the some become due,
water system (the 'system"); (c) pay all other amounts due
and - at any time under the Loan
WHEREAS, the System is a Agreement, and (d) pay the
Public Water supply System, principal of and interest on Ad-
as said term is defined in the ditional Revenue Obligations
Loan Act;and (as defined in the Loan Agree-
WHEREAS, the Municipality ment) as and when the some
has, pursuant.to the Loan Act, become due; provided, howev-
submitted an Application' to er, the pledge of the System
KDHE to obtain a loan from Revenues contained herein
the Revolving Fund to finance and in the,Loan Agreement (i)
the costs of improvements to shall be subject to reasonable
its System consisting of the expenses. of operation and
following: _maintenance• of the System,