06-10335 Affidavit of Publication
Following is a true and correct copy of Ordinance No.06-10335
together with proof of publication of the same.
(Published In The Salina "Bond and Interest F nd"I ments referred to above
Journal July 14,2006) means the Bond and Int-rest' shall be spread upon the tax
AFFIDAVIT ORDINANCE NO.06-10335 ' Fund of the City for its g•ner- rolls and shall be levied and
AN ORDINANCE AU- al obligation bonds. I collected at the same time
THORIZING THE ISSU- "Bonds"means the G=ner- and in the same manner as
ANCE AND DELIVERY OF al Obligation Internal Im- the general ad valorem taxes
1, Nicole Veatch ,being $900,000 PRINCIPAL provement Bonds, S=ries' of the City are levied and col-
AMOUNT OF GENERAL 2006-B authorized by this lected,and the proceeds de-
OBLIGATION INTERNAL Ordinance in the aggr:•ate rived from the taxes and/or
duly sworn,declare that I am the Classified IMPROVEMENT BONDS, principal amount of$•11,000 assessments shall be depos-
SERIES rn a ass SERIES 2006-B, OF THE and dated July 15,2006 ited in the Bond and Interest
CITY OF SALINA,KANSAS, "City" means the Ci of Fund.
Coordinator of THE SALINA JOURNAL,a daily news- FOR THE PURPOSE OF Salina,Kansas. If at any time the taxes
PAYING THE COST OR A "City Clerk"means th:ap- and/or assessments are not
PORTION OF THE COST pointed and acting City lark collected in time to pay the
a er published at Salina Saline County, and OF CERTAIN IMPROVE- or, in the City Clerk' ab- principal of or interest on the
p p p y, MENTS; PROVIDING FOR sence, the appointed a d/or Bonds when due, the City
THE LEVY AND COLLEC- elected Deputy or Actin.City Treasurer is hereby author-
of general circulation in said county,which newspaper FOR OF
THE PURPOSE TAX OF Clerk Code"hmeans� the In anal pen and directed to pay the
principal or interest out of the
PAYING THE PRINCIPAL Revenue Code of 198•, as general funds of the City and
OF AND INTEREST ON amended,and the appli able to reimburse the general
has been continuously and uninterruptedly published THE BONDS AS THEY BE- regulations proposed o pro- ,funds for money so expend-
COME DUE; AND MAKING mulgated thereunder • the ed when the taxes and/or as-
CERTAIN COVENANTS United States Departm:nt of sessments are collected.
for five consecutive years prior to first publication of at- WITH RESPECT THERETO. the Treasury. Section S. Tax Cove-
WHEREAS, the City of I "Improvements"mea s the nants, The City covenants
Salina,Kansas(the"City")is improvements referred to in and agrees that it will not
tached notice,and that the attached a City of the first class,creat- the preamble to this Ordi- take any action, or fail to
ed, organized and existing nance. take any action, if any such
under the laws of the State; "Mayor"means the el: ted action or failure to take ac-
Ordinance No. 06-10335 and and acting Mayor of th City tion would adversely affect
WHEREAS, pursuant to or, in the Mayor's ab :nce, the exclusion of the interest
K.S.A.10-101 et seq.,K.S.A. the appointed and/or elected on the Bonds from gross in-
12-685 been correctly published in said newspaper 1 12-685 at seq., and K.S.A. Vice or Acting Mayor •f the come for federal income tax
} h h a h er 12-6a01 et seq., as amend- City. purposes. The City cove-
ed and supplemented, and "Ordinance" means this nants and agrees that it will
all other applicable provi- Ordinance authorizing ' e is- • use the proceeds of the
times, the first publication given in sions of the laws of the state suance of the Bonds. Bonds as soon as practice-
of Kansas, the governing "State"means the state of ble and with all reasonable
body of the City has caused Kansas. dispatch for the purpose for
the issue of July 14 2006. the following improvements "Treasurer"means t e ap- which the Bonds are issued
to be undertaken in the City pointed and acting Treasurer I as previously set forth, and
"t ` (such improvements to be of the City or,in the Tr:asur- that it wi8•not directly or indi-
;, Sri JijjjrJ referred to as the"Improve- er's absence, the appointed redly use or permit the use( ments"): and/or elected Dep or of any proceeds of the
a. South Ohio Street Acting Treasurer of the City. Bonds or any other funds of
Project Section 2. Authori =tion the City, or take or omit to
1 St b. St. Elizabeth Ann of and Security fo the take any action that would
Subscribed and sworn to before me, this a Seaton Roman Catholic Bonds. These Bond shall cause the Bonds to be"arbi-
Church Sanitary Sewer be issued for the pu•.se of trage bonds" within the
M \ L- f l Improvements/Twin providing funds to p-y the i meaning of Section 148(a)of
day of r� 1_ A.L .2006 Oaks II Subdivision Authorized Costs of t e Im the Code. To that end, the
(j c. Pioneer Presidents provements. City will comply with all re-
/^ Place and St.John's Lu- The Bonds shall be!ener-, quirements of Section 148 of
A. / , theran Church Improve- al obligations of the Ci pay-, the Code to the extent appli-
ments`//�// able as to both princi.:I and cable to the Bonds.
d. South Marymount interest in part from •-ciall The City covenants and
Notary Public Road Improvements assessments levied u..n the, agrees that it will not use any
WHEREAS, all legal re- property benefited • the portion of the proceeds of
quirements pertaining to the construction of certa n im- the Bonds,including any in-
Improvements have been provements, and, if of so vestment income earned on
complied with, and the gov- Said, from ad valore taxes such proceeds,directly or in-
eming body of the City now which may be levied ithout directly, in a manner that
finds and determines that the limitation as to r-te or would cause any Bond to be
total cost of the Improve- amount upon all the -xable a"private activity bond"with-
ments is at least $900,000, property, real and personal in the meaning of Section
i Kansas
Ito be paid by the issuance of within the territorial li its of 141(a)of the Code.
Y PUBLIC State o general obligation bonds; the City.The balance of the Section 6. Further Au-'
s N01AR PpgpK 1 and principal of and inte.st on thodty The Mayor, City
NDY CH WHEREAS, the governing the Bonds is a abl: from
1jV� C 9 g P y Clerk and other City officials
�� MY pppt Exp - � body of the City is authorized ad valorem taxes whi h may I are authorized and directed
�"pH! by law to issue general obli- be levied without li itation
,,,•___,- to execute such documents
gation bonds of the City to ,as to rate or amount pon all I and take such actions as
pay the costs of the Improve- the taxable tangibM operty, they may deem necessary or
Improve-
ments;and real and personal,w- in the advisable in order to carry
WHEREAS, the governing territorial limits of e Ci out the purposes of this Ordi-
body of the City hereby finds The full faith, credit 'nd re- 1 nance.
and determines it is neces- sources of the City a : here- Section 7. Governing'
sary for the City to authorize by irrevocably pled.:d for J .The Ordinance and the
the issuance and delivery of the prompt payment of the Bonds shall be governed by
its general obligation bonds principal of and inte est on and construed in accordance
in the principal amount of the Bonds as the sa e be- with the applicable laws of
$900,000 to pay the costs of come due. the State.
the Improvements; Section 3.Terms. *stalls Section 8.Effective Date.
NOW, THEREFORE, BE and Conditions •f the This Ordinance shall take ef-
IT ORDAINED BY THE Bonds.The Bonds s all be tect and be in full force from
GOVERNING BODY OF dated and bear interest,shall and after its passage by the
THE CITY OF SALINA, mature and be pay-ble at governing body of the City
KANSAS,AS FOLLOWS: such times,shall be I such and publication m the official
Section 1. Definitions of forms,shall be subj: to re- City newspaper.
Words and Terms. demption and payme t prior PASSED by the governing
"Act" means the Constitu- to the maturity there.f, and body of the City on July 10,
tion and all applicable stat-
utes of the State including in the manner pre: nbed
but not limited to K.S.A. 10- and subject to the provi- (SEAL)
101 et seq.,K.S.A.12-685 et sloes,covenants and agree- Mayor
seq., and K.S.A. 12-6a01 et meets set forth in a esolu
seq., all as amended and lion hereinafter adopar
by ATTEST:
supplemented. the governing body •f the City Clerk (1t)
"Authorized Cost" means ,City.
the amount of expenditure Section 4.Levy a • Col-
for an Improvement which /action of Annual T and
has been authorized to be Rents. The g. em-
paid by the City by a resolu- in body of the City sh:II an-
tion or ordinance of the City, nually make provision or the
less (1) the amount of any Payment of principal o,pre-
notes or bonds of the City mwm,if any,and interest on
which are currently outstand- the Bonds as the sa a be-
ing and available to pay the come due, taking int. ac-
Authorized Cost,and(2)any count any scheduled :nda-
Authorized Costs which have tory redemptions,by I.vying
been previously paid by the and collecting the n: ssary
City or by any eligible source taxes and/or assess ants
of funds unless such upon all of the taxable angi-
amounts are entitled to be' ble Property within the I ity in
reimbursed under State and the manner provided by law.
federal law. The taxes and/or a-ess-