07-10381 Affidavit of Publication
Following is a true and correct copy of Ordinance No.07-10381
Trustee,for the benefit of the his or her delegate, and to
together with proof of publication of the same. "Supplemental Lease"), with owners of the Series 2007 take such other action as
g p p the Tenant pursuant to which Bonds, the full and prompt may be necessary to make
the City shall cause the Proj- payment of the Series 2007 effective such election.
act te continue to be leased Bonds and interest thereon, Section 12. Further Au-
to the Tenant in considers- .is hereby approved. thority. The City shall, and
lion of payments of Basic Section 7. Authorization the officers, agents and em-
by AFFIDAVIT other Additional Rent and of the Tax Compliance ployees of the City are here-
other charges as provided in Agreement. The Issuer is by authorized and directed to
the Original Lease and in the I authorized to enter into the take such action, expend
Supplemental Lease. Tax Compliance Agreement such funds and execute
I, Ann Garrison being ein NOW, THEREFORE, BE I with the Tenant and the such other documents,certif-
IT ORDAINED BY THE 'Trustee in the form approve icates and instruments as
CITY NG BODY OF in this ordinance. may be necessary or desira-
THE CI
THE OF SALINA,
duly sworn,declare that I am the Majors/Nationals KANSAS AS FOLLOWS: Section 8. Authorization ble to carry out and comply of Bond Purchase Agree- with the provisions of this Or-
Section 1. Definition of ment. The Series 2007 dinance and to carry out,
Terms.All terms and phras- Bonds shall be sold and de- comply with and perform the
Coordinator of THE SALINA JOURNAL,a daily news- es not otherwise defined livered to M & I Brokerage duties of the City with re-
J } herein shall have the h in the
Services Inc., Kansas City, Spect to the Series 2H7
five meanings set forth in the Missouri,upon the terms and Bonds, the Original Inden-
Original Indenture, the Sup- subject to the provisions of a ture, Original Lease,Supplemental the
paper published at Salina,Saline County,Kansas,and plemental. Indenture, the Bond Purchase Agreement Supplemental Indenture and
Original Lease and the Sup to be entered into among the the Supplemental Lease as
plemental Lease referred to City, the Tenant and M & I necessary to carry out and
herein. Brokerage Services Inc., as effect the issuance of the
of general circulation in said county,which newspaper section 2. Authority to Original Purchaser. Series 2007 Bonds.
Cause the Original Bonds : Section 9. Approval of Section 13. Effective
to Be Redeemed.The City preliminary Official State- 'Date. This Ordinance shall
is hereby authorized to take effect and be in full
has been continuously and uninterruptedly published cause the Original Bonds to ment and Official State- force from and after its pas-
be redeemed on April 1, ment. The Preliminary Offi-
cial Statement, in form as sage b the governing body,
2rovi inscof the Original a the submitted to and reviewed signature by the Mayor and
for five consecutive years prior to first publication of at
provisions of the In- by the governing body today, publication once in the off i-
denture,and the City hereby and the Official Statement,in
ratifies and confirms the no-I cial City newspaper.
lice of such redemption here substantially the form of the PASSED by the governing
tacked notice,and that the attached
Preliminary Official State- body of the City of Salina,
tofore given in accordance y ty
with the provisions of the ment,and the public distribu- Kansas this 26th day of
Original Indenture. tion of the same by the Origi- March,2007. •
Ordinance No.07-10381 Section 3. Authorization nal Purchaser is hereby ap- SIGNED by the Mayor of
of and Security for the proved. The City has not the City of Salina, Kansas
Bonds. The Series 2007 participated in the prepara- •this 26th day of March,2007.
Bonds are hereby authorized tion of the Preliminary Offi-
has been correctly published in said newspaper 1 and directed to be issued. cial Statement or the Official /s/Donnie D.Marrs
They shall be designated Statement and has not veri- Mayor
"City of Salina, Kansas In- fled the accuracy of the infor-
tfines,-- the first ublication iven in dustrial Revenue Refunding mation therein,other than in- Attest:
p g formation respecting the
Bonds, Series 2007 (KASA City. Accordingly, such ap- /s/ •LieuAnn El
Industrial Controls,Inc.)"and royals Accordingly,
not constitute a
the issue of March 28 2007. shall be issued in the aggre- P by City p City Clerk (1U
gate principal amount not ex- royal b the Cit of such in-
gate $3,005,000 for the r formation or a representation
purpose bf providing funds to by the City as to the com-
`.-,1,F1,,,, 11/ refund the Original Bonds. pleteness or accuracy of the
U l r 1 d i�.�� Y�'�— The Series 2007 Bonds shall information contained there-
be be in such principal amount, in.
shall be dated and bear in- Section 10. Execution of
terest, shall mature and be Bonds and Agreements.
Subscribed and sworn to before me,this payable at such times, shall The Mayor of the City or per-
be in such forms, shall be son authorized by the City to If r {/� subject to redemption and act for the Mayor in the May-
or's r .i ` payment prior redemption
the maturity or's absence is hereby au-
day of A.D.2007!thereof, and shall be issued au-
thorized and directed to axe-
. if in the manner prescribed cute the Series 2007 Bonds
and subject to the provi- and deliver same to the
sions, covenants and agree- Trustee for authentication for
ments set forth in the Sup- and on behalf of and as the
RY PUBLIC-State of l�If ' Public act and deed of the City in
N plemental Indenture. The the manner provided in the
Z Series 2007 Bonds shall be
w "" WENDY CHROBAK special limited obligations of Original Indenture and the
_-•74111.7.u,.' Z-Q�' Supplemental Indenture.
Ifl! My Appt.Exp. ---- the City payable solely from The Mayor or other author-
the Trust Estate under the ized signatory is hereby fur-
_ Original Indenture, as aug- they authorized and directed
(Published In The Salina EXECUTION OF A BOND WHEREAS, the Original mented and supplemented to execute and deliver the
Journal,March,28,2007) PURCHASE AGREEMENT Project was leased to KASA under the Supplemental In- Supplemental Indenture, the
ORDINANCE NO. FOR THE BONDS AMONG Industrial Controls, Inc., a denture. The Series 2007 Supplemental Lease and the
07-10381 THE CITY, KASA INDUS- Kansas corporation (the Bonds shall not be general Bond Purchase Agreement
AN ORDINANCE AUTHOR- TRIAL CONTROLS, INC. "Tenant"), pursuant to the obligations of or constitute a for and on behalf of and as
IZING THE CITY OF SALI- AND M & I BROKERAGE provisions of a certain Lease I pledge of the faith and credit the act and deed of the City
NA,KANSAS TO ISSUE ITS SERVICES, INC., AS PUR- dated as of June 15, 2002 1 of the City within the mean- in substantially the forms
INDUSTRIAL REVENUE CHASER OF THE BONDS. between the City and the ing of any constitutional or presented today, with such
REFUNDING BONDS,SER- WHEREAS, the City of.Tenant (the "Original statutory provision and shall minor corrections or amend-
IES 2007(KASA INDUSTRI- Salina,Kansas is authorized Lease"); not be payable in any man- ments thereto as the Mayor
AL CONTROLS, INC.) IN by K.S.A. 12-1740 et seq., WHEREAS, in order to her from tax revenues. or other authorized signatory
THE AGGREGATE PRINCI- as amended (the "Act"), to gain certain financial advan- Section 4. Authorization shall approve, which appro-
PAL AMOUNT NOT EX- acquire, construct, improve tages presently available, of Supplemental Indenture. val shall be evidenced by his
CEEDING $3,005,000 FOR and equip certain facilities the Tenant desires that the The City is hereby author- or her execution thereof,and
THE PURPOSE OF RE- (as defined in the Act) for City issue its Industrial Reve- ized to enter into the Supple- such other documents,certif-
FUNDING CERTAIN OF I commercial, industrial and nue Refunding Bonds, Ser-, mental Indenture dated as of icates and instruments as
THE CITY'S OUTSTAND- manufacturing purposes, ies 2007 (KASA Industrial I March 15, 2007, between may be necessary or desire-
ING INDUSTRIAL REVE- and to enter into leases and Controls, Inc.) in the aggre- the City and Sunflower Bank, ble to carry out and comply
NUE BONDS; AUTHORIZ- lease-purchase agreements gate principal amount of not N.A., Salina, Kansas, as with the purposes and intent
ING EXECUTION OF SUP-,with any person,firm or cor- to exceed $3,005,000 (the Trustee, under which the of this Ordinance. The City
PLEMENTAL TRUST IN-1 poration for said facilities,1 "Series 2007 Bonds")for the City shall pledge and assign Clerk or the Deputy City
DENTURE NO. 1 BE- and to issue revenue bonds purpose of providing funds to to the Trustee,for the benefit Clerk of the City is hereby
TWEEN THE CITY AND for the purpose of paying the refund the Original Bonds in of the owners of the Original authorized and directed to
SUNFLOWER BANK, N.A., cost of any such facilities':,advance of their stated ma- Bonds, the Series 2007 attest the execution of the
SALINA, KANSAS, AS and to issue revenue bonds i turities, by providing for the Bonds,and any other Bonds Series 2007 Bonds,the Sup-
TRUSTEE; AUTHORIZING for the purpose of refunding early redemption thereof as issued and secured as pro- plemental Indenture, the
THE CITY TO CONTINUE such bonds;and • more fully provided in the vided in the Original Inden- Supplemental Lease and the
TO LEASE SUCH IM- WHEREAS, pursuant to Supplemental Indenture ture, the Trust Estate aug- Bond Purchase Agreement
PROVEMENTS TO KASA Ordinance No. 02-10084 hereinafter authorized;and mented thereby,all upon the and such other documents,1
INDUSTRIAL CONTROLS, adopted June 17, 2002 (the WHEREAS, the City fur- terms and conditions set certificates and instruments
INC. AND AUTHORIZING "Original Ordinance") and a ther finds and determines forth in the Original Inden- as may be necessary or de-'
EXECUTION OF SUPPLE- Trust Indenture dated as of that it is necessary and de- ture and in the Supplemental sirable to carry out and com-
MENTAL LEASE NO. 1 BE- June 15, 2002 between the sirable in connection with the Indenture. with w
ply the intent of this Or-
TWEEN THE CITY AND KA- City and Sunflower Bank, issuance of said Series 2007 Section 5. Authorization dly with
SA INDUSTRIAL CON- I N.A. (the "Original Inden- Bonds to execute and deliver of Supplemental Lease. Section 11. Election Un-
TROLS, INC; AUTHORIZ- ture")the City has previously Supplemental Trust Inden- The City shall continue to der Section 144(a)(4)of the
ING EXECUTION OF A TAX issued its Industrial Revenue ture No.1 dated as of March lease the Project to the Ten- Internal Revenue Code.
COMPLIANCE AGREE- Bonds,2002(KASA Industri- 15,2007,(the"Supplemental ant pursuant to and in ac- The City hereby elects that
MENT BETWEEN THE al Controls, Inc.)dated June Indenture"), with Sunflower cordance with the provisions Section 144(a)(4) of the In-
CITY, KASA INDUSTRIAL 15, 2002 (the "Original Bank, N.A., as Trustee (the of the Original Lease, as ternal Revenue. Code of
CONTROLS, INC. AND Bonds"),in the original prin- "Trustee"),for the purpose of amended and supplemented 1986,as amended,shall ap-
SUNFLOWER BANK, N.A.; 1�cipal amount of$3,500,000, issuing and securing the Ser- by the Supplemental Lease. ply to the Series 2007
APPROVING THE FORM of which$2,945,000 remains•ies 2007 Bonds as provided Section 6. Approval of Bonds, and the Mayor and
OF A GUARANTY AGREE- outstanding, for the purpos- in the Original Indenture and Form of Guaranty Agree- City Clerk are hereby author-
MENT BETWEEN THE TEN- es of acquiring, remodeling ,in the Supplemental Inden- ment.The form of Guaranty ized and directed to file evi-
ANT AND SUNFLOWER and further equipping an ex- ture, and to enter into Sup- 'Agreement, dated as of dente of such election with
BANK, N.A., AS TRUSTEE; fisting industrial facility. (the plemental Lease No.1 dated March 15,2007,pursuant to the Secretary of the Treas-
AND AUTHORIZING THE "Original Project");and as of March 15, 2007 (the •which the guarantor named u of the United States or