03-10147 Affidavit of Publication
Following is a true and correct copy of ORD.NO.03-10147
(Published In The Salina r •Bond -Intel resf Fund•-
together with proof of publication of the same. • . Journal July 10,2003) I -means the .Bond and 'Interest be -'spread upon the tax-rolls
ORDINANCE N0.03-10147 :; !I Fund,of the,City.for its'general and'"shall be levied and collect-
AN ORDINANCE AUTHOR- obligation bonds. ' ed,et,•the same time and'in the
RING THE ISSUANCE AND 1 •Bonds'• means the General same manner••as the general
DELIVERY OF $4,350,000 Obligation Internal Improve- ad--;valorem taxes•of the City
I AFFIDAVIT PRINCIPAL- ..AMOUNT OF meet Bonds, Beres 2003-A
authorized by era,levied and-collected; and
GENERAL OBLIGATION IN-l id bthis,Ordinance the proceeds derived from-the
BONDS, IMPROVEMENT j taxes• and/or••• assessments'
BONDS, .SERIES•2003-A. OF in the aggregate '-- shall be;deposited in tho'Bond
amount-of $4,350,000 and dal-
;THE CITY •OF SALINA, KAN- Juty 15,2003. and Interest Fund..
I, Ann M.Garrison ,being AS, FOR ' •THE PURPOSE. If at -any lime, taxes.,.
g OF PAYING THE COST OR A •Kan means the City of Salk- "and/or assessments` are not
na,Kansas.
PORTION OF THE COST OF •Cty Clerk" means .the ap- (collected in time "to•pay :the
duly sworn,declare that I am the Advertising Services CERTAIN .IMPROVEMENTS; pointed and acting City' Clerk= pnnapal of or interest on the•
PROVIDING FOR••THE• LEVY, or, in the-City Cleric's absence, Bonds when .due, the Treasur-
AND COLLECTION OF AN'i the appointed_ and/or elected er is hereby authorized and di .
. ANNUAL TAX AND SPECIAL Deputy.or"Acting City Clerk•of "acted to pay the principal or
Coordinator of THE SALINA JOURNAL, a dally news- ASSESSMENTS. FOR THE 1 the C• interest out of the general
PURPOSE OF PAYING THE' •Cade means the, Internal funds of the City and to-reim-
PRINCIPAL OF AND -INTER- I Revenue Code of .1986, as bursa the' general .funds for
a er published at Salina,Saline County,Kansas, and EST ON THE BONDS AS j' amended,• and the. !applicable mmey so expended when'4he
Il P P Y� + THEY BECOME DUE; MAK-I regulations proposed •or pro- and/or:assessments are
ING CERTAIN COVENANTS mulgated' thereunder of the collected.
WITH RESPECT THERETO. • i United' States- Department of Section •$.Tax. Covenants.
of general circulation in said county, newspaper WHEREAS, the City of is the Treasury.-i • The City -covenants ' and
g Y n: :�<'
na, Kansas (the •City') is a •Improvementsr •means the'.agrees that d.will rot take'any
City'of the first class, created, improvements, referred to in 'action, or fail.to take any.ac-
has been continuous/ and uninterruptedly published organiied and existing under- the' preamble .:to- this Ordi- lion, if any such action or fail-
Y P y P the laws of the State;and nance. `,. • • ure to take -action. would-ad-
WHEREAS, pursuant to ^Mayor:. means the elected versely 'affect.:,the exclusion of
•for five consecutive years nor to first ublication of at- 12 01 10ei01 qt sK.S.AK_S 2- and•acting' Mayor, oi. the City 19rnteincome, Tor e federal from
y p p I irr'the Mayor's absence, the
685 et seq. and•K.S.A. .12- appointed and/or elected Vice come tax`-purposes. The City
{1736 et•seri, Charter Ordi-i or Acting Mayor a the City.' covenants and agrees that it
nance No. 29 of-the City and "Ordinance' means this Or- will use the. proceeds of':the
tacked notice,and that the attached ( Bonds as soon as practicable
l Article 12, Section .5 of the dinance authorizing• .the issu- p
Constitution- of the State .of ance of the Bonds and •with all, reasonable drs•
41 rt).3 Kansas, all-as amended, and,, "Slate',means the state .of Patch for the purpose for
ORD.NO.03-10147 supplemented, ' and all[' ;other Kansas the Bonds are issued`as
applicable provisions of the j •'Treasurer means the ap Previously set forth,'and that it
laws 'bf the state of:Kansas, 'panted and 'acting:Treasurer will ;not directly or indirectly
the ggoveming body of the City of-the City or, in„the-Treasur- use or permit the use of any
has been correctly published in said newspaper 1•--- has ceeused• the following- im-` .er's absence,. the , appointed proceeds of the Bonds or any
provements to be. .undertaken-I and/or elected Deputy or Act- other funds of the City, or take
in the r City• (such improve-r ing Treasurer of the City.,„ or omit to take any action that
times, the first publication van in ments,+(o be.referred to as the, Section 2.Authorization of would cause the,Bonds to be
p ' "" Im rovements°: 'arbitrage' bonds° within the
P ) i and Security 'for the Bonds, meaning of Section 148 a of
a. Marymount• 'Road (12- l These Bonds•shall be issued 9 ()
IT
X01) • . -• for the purpose of .providing the Code. To that end, the
the issue of July 10 2003. j t b. Marymount Road (12-' funds to pay the Authorized City will comply with :all re-
quirements I Costs of the Improvements. the Cents of Section.148 of
C.Magnolia Hills Water The Bonds shall be general the Code.to the extent'all re-
y� d.•Frfth and Stimmel Sewer )obligations of the City payable l ble to the Bondi:
x{• re n e. North Ohio Utirty.Ext.•(12• .-The City covenants ' and
6a01 ea to both principal and inter; agrees-that it will_not use any
esl in part- from special as portion of the-proceeds of the
sessments levied upon the
,1 l I.Law Enforcement Center Bonds, including- any invest-
ment
��y� /properly benefited by the con-
Subscribedand sworn to before me,this life South Ninth Street Pnasa' can income earned -o„ such
struction• of certain portions of
the Improvements and, if not directly.:or indirectly,
WHEREAS, all-legal require- paid, from.ad valorem taxes ,in a manner that would cause
ments'pertaining 'to the Im- any Bond to'be a °private ac-
which may be levied without.
plied with, have been cam• y livity bond' within the meaning
day of A.D.2003 limitation.as,to-rate.or amount(`.L. ..4 y plied ,wth, and the governing Cf Section 141(a)of the Code.
�j I bad'of the C' now finds and upon all the taxable tangible
/1 l 14,(A)/`l��/T�j✓ y' ProPeRY, real and Personal, t Section 6. Further' Authority,
LA J� l✓t determines. that the total cost The Mayor,-City Clerk and oth
within the territorial limits of
of 50 Improvements is at least er City officals are,authorized
the City. The balance of the
Notary Public $4,350,000, to be paid by: principal and interest on the and .directed to execute such
issuance of .general obligation I Bonds shall be payable from sdocuments and take such ac-.
bonds;and 1 lions as they may deem nee:
WHEREAS,• the governing be
ad valorem taxes which may or advisable'in order:to
9 9 levied without limitation as ry
body:of the City is authorized to rate or amount upon all the ; out the -purposes of this
by law to issue general oblige- taxable tangible property, real .Ordinance.
lion.bonds of the City to pay and personal, within the terti•-. Section 7. Govern!g..-..aw,
MARY WALKER the costs of the Improvements; tonal limits'of the City. The full FThe Ordinance and the Batas
Notary Public-State of Kansas and +in i shall.be governed by and con-
WHEREAS, the governing l City are re hereby irrevocably
t Expires 10 body of the City hereby ssais
My App t. and'determines,it is.necessary Pledged for 'the prompt pay-
for the City to authorize,thejis- menu of the principal of and in-
suance and delivery of its geri- retest,,on the Bonds as the
era/ obligation bonds in='the same become due.
'•n•- Section 3. Terms. Details
principal' • amount' .•.of.
. $4,350,000 to pay the costs t;of' and Cond lions of the Bonds.
the Improvements; • s;'t;Z• The Bonds shall be dated and
NOW, THEREFORE,r BE S ITi II bear.^interest, shall mature and
ORDAINED BY THE'_GOV_.{ be'payable at such times, shall
ERNING-BODY OF THE,CITYi be in such forms, shall be sub-
OF •SAUNA, KANSAS,"9'AS' lect to. redemption and pay-
FOLLOWS: '.IN thereof,odor and•tshallth be issued
Section 1. Definitions ...a'oi rand?delivered in the' manner i
Words and Terms. {j
I °Act' means the Constitution prescribed;and subject to the l
and all applicable statutes -of provisions, covenants and ^
I the State including'but not�lim=I agreements set forth in a rasa
.li lulion 'hereinafter adopted .by •
clad 'to K.S.A. 14101 •et.seq:; the governing body of the City.
_ K.S.A. 12-6a01 el seq., K.S.A. Section 4:Levy and Collec-
17.685 et seq. and K.S.A. 12- lion of Annual-Tax and Special 1736 et seq.,. Charter, Or I Assessments. The governing
nance No. 29 of the ,of,(rid body of the,City shall annually+
Article 12, .Section- 5, of;;tpe make provision for the pay-
Constitution of the State,-"of
Kansas, all as amended---and ,merit of, principal of, premium,
supplemented. 1 P iif any,.:an d interest on', the
°Authorized Cost' means=the Bonds •si"the.name become
amount of expenditure:-for'an due,'-taking -into account any
Improvement which has; been . scheduled mandatory,'redemp
authorized to -be paid by'the lions, .by levying and collecting
City pd/ ,a resolution or;.ortli- the necessary taxes and/or as-
.nance of the City, less'(1)_the sessments upon all of the tax-
amount'of any,.notes'or-bon1s able tangible property within
of i the City which are currently the City in the manner. provid-
outstanding and available 1-;to ed by law. .
a y`,the Authorized Cost: and The taxes and/or' assess ments•referred to above shall
( -
(2) any Authorized Cost which ,
have been previously paid;by
thet!rCity or by- any.• eligible
source of funds unless.such
amounts are entitled to be re-
imbursed under State and fed-
erallaw.- : -