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06-10320 (2) Affidavit of Publication Following is a true and correct copy of Ordinance No.06-10320 together with proof of publication of the same. "Authorized Cost" means The taxes referred to' the amount of expenditure I above shall be spre d upon for an Improvement which the tax rolls and shall be lev- AFFIDAVIT pas been authorized ity ba s be same and collected at same paid by the City by a resolu-ii same time and in the same tion or ordinance of the City, manner as the general ad less (1) the amount of any valorem taxes of the City are notes or bonds of the City levied and collected,and the I, Nicole Veatch ,being which are currently outstand- proceeds derived from the ing and available to pay the taxes shall be dep sited in Authorized Cost,and(2)any the Bond and Interes Fund. duly sworn,declare that I am the Classified Authorized Costs which have If at any time the t xes are been previously paid by the not collected in tim to pay City or by any eligible source the principal of or in rest on Coordinator of THE SALINA JOURNAL,a daily news- of funds unless such the Bonds when ue, the amounts are entitled to be Treasurer is hereby'author- reimbursed under State and ized and directed to pay the p p published County, paper ublished at Salina,Saline Counfy,Kansas,and federal law. principal or interest ut of the "Bond and Interest Fund" general funds of the ity and means the Bond and Interest to reimburse the general of general circulation in said county,which newspaper Fund of the City for its gener- funds for money so expend- s y al obligation bonds. ed when the taxes are col- "Bonds"means the Gener- lected. has been continuously and uninterruptedly published al Obligation Internal Im- action 5.Tax C. enants. y p y p provement Bonds, Series The City covena is and 2006-A authorized by this 1 agrees that it will of take for five consecutive years prior to first publication of at- Ordinance in the aggregate any action,or fail to take any y P p principal amount of action, it any such action or $2,200,000 and dated April failure to take acti.n would 1,2006. adversely affect t exclu- tached notice,and that the attached "City" means the City of Sion of the interes on the Salina,Kansas. Bonds from gross i ome for "City Clerk"means the ap- federal income tax.urposes: Ordinance No.06-10320 pointed and acting City Clerk The City covena is and or, in the City Clerk's ab-, agrees that it will use the sence, the appointed and/or proceeds of the :onds as has been correctly published in said newspaper 1 elected Deputy or Acting City soon as practicable and with Clerk of the City. all reasonable dis atch for "Code"means the Internal the purpose for hich the times, the first publication given in Revenue Code of 1986, as Bonds are issued s previ- amended,and the applicable ously set forth,and hat it will regulations proposed or pro- not directly or indi tly use the issue of Ap ril 5 2006. mulgated thereunder of the or permit the use of any pro- United States Department of ceeds of the Bon s or any the Treasury. other funds of the City, or 1 , ) "Improvements"means the take or omit to tak any ac- im rovements referred to in lion that would c use the / :e Li/t. improvements preamble to this Ordi- Bonds to be arbitrage L Hance. bonds"within the eaning of ,1 "Mayor"means the elected Section 1thin t of he Code. Subscribed and sworn to before me,this l and acting Majror of the City To that end, the City will or, in the Mayor's absence, comply with all requirements the appointed and/or elected of Section 148 of the Code day of �� A.D.2006 Vice or Acting Mayor of the to the extent applicable to y City. 1 the Bonds. "Ordinance" means this The City coverjants and Ordinance authorizing the is- I agrees that it will n t use any suance of the Bonds. portion of the pr sees of "State"means the state of ,the Bonds, includi g any in- Kansas. vestment income earned on Notary Public Treasurer means the ap- �such proceeds,directly or in- pointed and acting Treasurer 1 directly, in a manner that of the City or,in the Treasur- !would cause any Bond to be er's absence, the appointed a"private activity ond"with-, ��.�u rM� and/or elected Deputy or in the meaning f Section X11•N�N a Acting Treasurer of the City. 141(a)of the Cod . Se lion 2.Authorization of tin Furth r A th ri- -."*.• ! and Security for the Bonds. 2Y. The Mayor, City Clerk _f 1 = my .W. These Bonds shall be issued and other City officials are for the purpose of providing authorized and directed to funds to pay the Authorized execute such ocuments Costs of the Improvements. and take such ctions as The Bonds shall be gener- they may deem n cessary or al obligations of the City pay- advisable in ore r to carry able as to both principal and out the purposes.f this Ordi- (First Published In The a. North Ohio Grade I interest from ad valorem tax- Hance. Salina Journal April 5,2006) Separation es which may be levied with- - i• 7. •v:rni . L. . ORDINANCE NO.06-10320 WHEREAS, all legal re- out limitation as to rate or The Ordinance and the AN ORDINANCE AU- quirements pertaining to the amount upon all the taxable Bonds shall be g.verned by THORIZING THE ISSU- Improvements have been tangible property, real and and construed in accordance ANCE AND DELIVERY OF complied with, and the gov- personal,within the territorial with the applicable laws of $2,200,000 PRINCIPAL erring body of the City now limits of the City. The full the State. AMOUNT OF GENERAL finds and determines that the faith,credit and resources of Section 8. Effective Date. OBLIGATION INTERNAL total cost of the Improve- the City are hereby irrevoca- This Ordinance shall take ef- rnents is at least$2,200,000, feet and be in full',force from IMPROVEMENT BONDS, bly pledged for the prompt SERIES 2006-A, OF THE payment of the principal of and after its passage by the to be paid by the issuance of governing body of the City OF SALINA,KANSAS, general obligation bonds; and interest on the Bonds as 19 9 Y ty FOR THE PURPOSE OF and the same become due. I and publication in the official PAYING THE COST OR A Section 3. Terms. Details City newspaper. WHEREAS, the governing pA$SED by the governing OF THE COST body of the City is authorized and Conditions of the Bonds. g g OF CERTAIN IMPROVE- by law to issue general obli- The Bonds shall be dated 1 body of the City on March MENTS; PROVIDING FOR and bear interest, shall ma- 120,2006. gation bonds of the City to THE LEVY AND COLLEC-` ture and be payable at such ' pay the costs of the Improve- p y Deborah Divine TION OF AN ANNUAL TAX ments;and times,shall be in such forms, Mayor • FOR THE PURPOSE OF WHEREAS, the governing bod shall be subject to redemp- PAYING THE PRINCIPAL! SEAL tion and payment prior to the y of the City hereby finds ( ) OF AND INTEREST ON and determines it is neces- maturity thereof,and shall be THE BONDS AS THEY BE- issued and delivered in the ATTEST: COME DUE; AND MAKING the for the City to authorize manner prescribed and sub- the issuance and delivery of p Lieu Ann Elsey CERTAIN COVENANTS -general obligation bonds ject to the provisions, cove- City Clerk (1t) WITH RESPECT THERETO. nants and agreements set in the principal amount of g WHEREAS, the City of $2,200,000 to pay the costs forth in a resolution herein- Salina,Kansas(the"City")is of the Improvements; after adopted by the govern- a City of the first class,treat- NOW, THEREFORE, BE ing body of the City. ed, organized and existing IT ORDAINED BY THE Section 4. Levy and Col- under the laws of the State; GOVERNING BODY OF lection of Annual Tax. The and THE CITY OF SALINA, governing body of the City WHEREAS, pursuant to KANSAS,AS FOLLOWS: shall annually make provi- K.S.A. 10-101 at seq., and Section 1. Definitions of sion for the payment of prin- K.S.A. 12-685 et seq., as Words and Terms. cipal of,premium,if any,and amended and supplement- "Act" means the Constitu- interest on the Bonds as the ed, and all other applicable lion and all applicable slat- same become due,taking in- provisions of the laws of the account any scheduled state of Kansas,the utes of the State including govern- mandatory redemptions, by 9 but not limited to K.S.A. 10- ing body of the City has levying and collecting the 101 et seq. and K.S.A. 12- caused the following im- 685 et seq., all as amended necessary taxes upon all of provements to be undertak- and supplemented. the taxable tangible property en in the City(such improve- within the City in the manner ments to be referred to as 1 provided by law. . the"Improvements"):