06-10321 Affidavit of Publication
Following is a true and correct copy of Ordinance No.06-10321
together with proof of publication of the same.
(Published In The Salina 1 2. Enter into a Second
Journal March 10,2006) Supplemental Bond Trust In-
ORDINANCE ORDINANCE NO.06-10321 denture (the "Second Sup-
ORDINANCE AUTHORIZ- plemental Bond Indenture"),
ING THE CITY OF SALINA, with UMB Bank, N.A., Kan-
KANSAS, TO ISSUE ITS sas City, Missouri, as bond
I, Nicole Veatch ,being AND IMPROVEMENT REFUNDING
MPROVEMENT REV- 'trustee amending and d on supplement-
ENUE BONDS (SALINA ing that certain Amended
REGIONAL HEALTH CEN- and Restated Bond Trust In-
TER,sworn,declare that I the Classified TER, INC.), SERIES 2006, denture dated as of August
Y re a am e
FOR THE PURPOSE OF 15, 1999, between the City
REFUNDING THE CITY'S and the Bond Trustee (said
OUTSTANDING HOSPITAL Bond Trust Indenture, as
Coordinator of THE SALINA JOURNAL,a daily news- REVENUE BONDS (SALI- amended and supplement-
NA REGIONAL HEALTH ed, and as further amended
CENTER, INC.), SERIES I and supplemented by the
1999, AND PROVIDING 'Second Supplemental Bond
paper published at Salina,Saline County,Kansas,and FUNDS FOR ACQUIRING, Indenture being referred to
CONSTRUCTING, INSTAL- herein as the "Bond Inden-
LING, EQUIPPING AND ture"),under which the terms
of general circulation in said county,which newspaper FURNISHING CERTAIN of the Series 2006 Bonds
f�,
g `y' HOSPITAL FACILITIES OF are set forth;
SALINA REGIONAL 3. Enter into a Second
HEALTH CENTER, INC.; Supplemental Lease Agree-
has been continuously and uninterruptedly published AND APPROVING CER- ment (the "Second Supple-
TAIN DOCUMENTS AND mental Lease Agreement"),
ACTIONS IN CONNECTION with the Corporation,amend-
WITH five consecutive years prior to first publication of at- WITH THE ISSUANCE OF ing and supplementing that
Y p p SAID BONDS. certain Amended and Re-
WHEREAS, the City of stated Lease Agreement dat-
Salina, Kansas (the "City"), ed as of AugUst 15, 1999,
tached notice,and that the attached is a municipal corporation between the City and the
duly organized and existing Corporation (said Lease
under the laws of the State Agreement,as amended and
Ordinance No.06-10321 of Kansas;and supplemented, and as fur-
WHEREAS,the City is au- ther amended and supple-
thorized under K.S.A. 12- mented by the Second Sup-
1740 et seq., as amended plemental Lease Agreement
has been correctly published in said newspaper 1 (the"Act"),to issue revenue being referred to herein as
bonds to provide for the pur- the "Lease Agreement") to
chase, construction, exten- add provisions to the Lease
sion and improvement of Agreement respecting the
times, the first publication given in projects authorized under Series 2006 Bonds;
the Act;and 4: Enter into a Bond Pur-
WHEREAS, pursuant to chase Agreement(the"Bond
the issue of March 10 2006. an Amended and Restated Purchase Agreement"),
Bond Trust Indenture dated among Piper Jaff ray Inc.(the
as of August 15, 1999, be- "Underwriter"), the City and
tween the City and UMB the Corporation,under which
/' 1(4 UL U -1,,!'_ f` Bank,N.A.,as bond trustee, the City agrees to sell the
which amended and restated Series 2006 Bonds to the
a Bond Trust Indenture dat- Underwriter;
ed as September 1, 1993, 5.Enter into a Tax Compli-
// between the City and UMB ance Agreement (the "Tax
Subscribed and sworn to before me,this l(%� Bank, N.A. (successor bond Compliance Agreement"),
trustee to Bank IV Kansas, among the City,the Corpora-
LE+�'i(' N.A.), as bond trustee, the tion and the Bond Trustee,
'iA f'1 r L _ City has issued its Hospital under which the Corporation
day of V (/t A.D. Revenue Bonds (Salina Re- makes certain representa-
gional Health Center, Inc.), tions and agreements relat-
Series 1999, in the original ing to the tax'status of the
• _ _ i principal amount of Series 2006 Bonds;
w $25,230,000 (the "Series 6. Enter into an Escrow
/ Notary Public 1999 Bonds"), of which Trust Agreement.(the "Es-
(// $22,725,000
amount is principal i crow Agreement"), among
outstanding; the City,the Corporation and
WHEREAS,the City is au- the escrow agent named
thorized pursuant to K.S.A. therein, providing for the
10-116a,as amended,to is- payment of the principal of,
sue revenue refunding redemption premium, if any,
NOTARY PUBLIC-State of Kansas bonds to refund revenue and interest on the outstand-
t bonds issued under the Act;1 ing Series 1999 Bonds;and
1NENDY CHRO and 7. Approve a Preliminary
N ` WHEREAS,the City Com- Official Statement (the "Pre-
Aft'Q%�. missioners of the City find liminary Official Statement")
and determine that it is desir- respecting the Series 2006
able in order to promote, Bonds and a final Official
stimulate and develop the Statement (the "Official
general welfare and econom- Statement") respecting the
is prosperity of the State of Series 2006 Bonds.
Kansas and the City and its NOW, THEREFORE, BE
people that the City take the IT ORDAINED BY THE
following actions: CITY COMMISSIONERS OF
1. Issue its Hospital Re- THE CITY OF SALINA,
funding and Improvement KANSAS AS FOLLOWS:
Revenue Bonds (Salina Re- Section 1. Authorization
gional Health Center, Inc.),' of and Security for the Ser-
Series 2006 (the "Series les 2006 Bonds.The City is
2006 Bonds"), for the pur- hereby authorized to issue
pose of(i)refunding the Ser- and sell the Series 2006
ies 1999 Bonds which were Bonds for the purposes de-
issued for the purpose of scribed above in a principal
amount not to exceed
providing funds to finance
the acquisition, construction, and secured by an under
installation, equipping and and secured by and sovi-
furnishing of certain hospital have the terms and provi-
furnishing
facilities (together with other alone set forth in the 2006
hospital facilities owned by Indenture. The bear infer st at
the City and leased to the Bonds shall bear interest which
h
Corporation, the "Facility") various stated rates which
produce a net interest Cost
leased to and operated by
not exceeding 6% per an-
Salina in
Regional Health Cen-
ter, Inc., a Kansas nonprofit num, and shall mature n
principal installments with a
corporation (the "Corpora-
final maturity not later than
tion"), (ii) providing funds to
acquire, construct, install, the year 2036,shall be sub-
ject to optional redemption
equip and furnish improve-
menu to the Facility,and(iii) upon the direction of the Cor-
poration beginning not later
paying certain costs related than October 1, 2017, at a
to the issuance of the Series redemption price not exceed-
2006 Bonds;
ing 101% of the principal
amount thereof plus accrued supplements thereto gs the
interest,and shall have such Mayor shall approve, said
other redemption provisions, execution thereof to be con-
including premiums,and oth- clusive evidence of such ap-
er terms as set forth in the proval.The City has not par-
Bond Indenture and the ticipated in the preparation of
Bond Purchase Agreement. the Preliminary Official State-
The final terms of the Series ment or the final Official
2006 Bonds shall be speci- Statement and has not veri-
fied in the Bond Indenture fled the accuracy of the infor-
and the Bond Purchase mation therein,other than in-
Agreement upon the execu- formation respecting the
tion thereof, and the signa- City. Accordingly, such ap-
tures of the officers of the provals do not constitute ap-
City executing the Bond In- proval by the City of such in-
denture and the Bond Pur- formation or a representation
chase Agreement shall con- by the City as to the corn-
stitute conclusive evidence pleteness or accuracy of the
of the City's approval there- information contained there-
of.
The principal of and premi- in'
Au-
urn, if any, and interest on or ty. T 6.City shall, and
the Series 2006 Bonds shall thooffi The City sn s and
be limited and special obliga- City officers end y agents of the
tions of the City payable City are hereby take
solely out of the rents, reve- and directed to,such such
nues and receipts derived by action, expend such funds
the City pursuant to the and execute such other
Lease Agreement. The Ser- agreements, documents,
ies 2006 Bonds and the in- certificates and instruments
terest thereon shall not be a as may be necessary or de-
debt of the City or the State ply wit to carry out and corn-with the intent of this ordi-
of Kansas and neither the nance and to carry out,corn-
City nor the State of Kansas ply with and perform the du-
shall be liable thereon, and ties of the City with respect
the Series 2006 Bonds shall to the Series 2006 Bonds
not constitute an indebted- and the documents ap-
ness within the meaning of proved by this ordinance.
any constitutional or statuto- Section 7. Repeal of
ry debt limitation or restric- Conflicting Resolutions.All
tion. prior resolutions or ordinan-
Section 2. Form of Ser- ces of the City or any parts
ies 2006 Bonds. The City thereof in conflict with any or
shall issue the Series 2006 all of the foregoing provi-
Bonds in substantially the 1 sions of this ordinance are
form submitted to and re- hereby repealed to the ex-
viewed by the City on the tent of such conflict.
date hereof and as set forth Section 8.Severability.If
in the Bond Indenture, with any section, paragraph,
such changes therein as clause or provision of this or-
shall be approved by the dinance shall for any reason
Mayor of the City, the May- be held to be invalid or unen-
or's signature thereon, forceable, the invalidity or
whether manual or facsimile, unenforceability of such sec-
to be conclusive evidence of Lion, paragraph, clause or
the Mayor's approval thereof. provision shall not affect any
Section 3.Execution and remaining provisions of this
Authentication of Series ordinance.
2006 Bonds. The Mayor of Section 9.Effective Date.
the City is hereby authorized This ordinance shall take ef-
and directed to execute the fect and be in full force from
Series 2006 Bonds on behalf and after its passage by the
of and as the act and deed City Commissioners and its
of the City by manual or fac- publication in the official
simile signature. The City newspaper of the City.
Clerk of the City is hereby PASSED AND AP-
I authorized and directed to PROVED by the City Corn-
cause the City's seal to be missioners of the City of Sali-
affixed thereto or printed na, Kansas, this 6th day of
thereon and to attest said Nfarcfi' X66'
seal,all in the manner pro-
vided in the Bond Indenture. Deborah Divine,Mayor
Said officers are hereby fur-
ther authorized and directed [SEAL]
to deliver the Series 2006
Bonds on behalf of the City ATTEST:
to the Bond Trustee for au-
thentication in accordance Lieu Ann Elsey
with the Bond Indenture. CMC,City Clerk
Section 4. Approval of
Documents. The Second
Supplemental Bond Inden-
ture, the Second Supple-
mental Lease Agreement,
the Bond Purchase Agree-
ment, the Tax Compliance
Agreement and the Escrow
Agreement are hereby ap-
proved in substantially the
forms submitted to and re-
viewed by the City on the
date hereof, with such
changes therein as shall be
approved by the Mayor, his
execution thereof to be con-
clusive evidence of such ap-
proval.
The Mayor of the City is
hereby authorized and di-
rected to execute and deliver
the Second Supplemental
Bond Indenture, the Second
Supplemental Lease Agree-
ment, the Bond Purchase
Agreement,the Tax Compli-
ance Agreement and the Es-
crow Agreement on behalf of
and as the act and deed of
the City.
Section 5. Approval of
Preliminary Official State-
ment. The Preliminary Offi-
cial Statement in substantial-
ly the form submitted to the
City on the date hereof and
the final Official Statement,
in substantially the form of
the Preliminary Official State-
ment,and the public distribu-
tion of the same by the Un-
derwriter are hereby ap-
proved. The Mayor of the
City is hereby authorized
and directed to execute and
deliver the final Official
Statement on behalf of the
City with such changes
therein or amendments or