07-10390 Affidavit of Publication
Following is a true and correct copy of Ordinance No.07-10390
(Published In The of funds unless such The taxes and/or assess-
together Journal amounts are entitled to be ments referred to above
together with proof of publication of the same. June 13,2007) reimbursed under State and shall be spread upon the tax
ORDINANCE NO. i federal law. rolls and shall be levied and
07-10390 ""Bond and Interest Fund" collected at the same time
AN ORDINANCE AU- means the Bond and Interest and in the same manner as
AFFIDAVIT THORIZING THE ISSU- Fund of the City for its gener- the general ad valorem taxes
ANCE AND DELIVERY OF al obligation bonds. of the City are levied and col-
$6,545,000 PRINCIPAL "Bonds"means the Gener- lected,and the proceeds-de-
AMOUNT OF GENERAL el Obligation Internal Im- rived from the taxes and/or
OBLIGATION INTERNAL provement Bonds, Series assessments shall be depos-
1, Ann Garrison ,being IMPROVEMENT BONDS, 200-A e uthin othrized
this ed in the Bond and Interest
SERIES 2007-A, OF THE
CITY OF SALINA, KAN- principal amount of If at any time the taxes
duly sworn, declare that I am the Majors/Nationals SAS, FOR THE PURPOSE $6,545,000 and dated July and/or assessments are not
OF PAYING THE COST OR 15,2006. collected in time to pay the
A PORTION OF THE COST "City" means the City of principal of or interest on the
OF CERTAIN IMPROVE- Salina,Kansas. Bonds when due, the City
Coordinator of
BENTS; PROVIDING FOR "City Clerk"means the ap- Treasurer is hereby author-
pointed and acting City Clerk I ized and directed to pay the
TION OF AN ANNUAL TAX or, in the City Clerk's ab- principal or interest out of the
FOR THE PURPOSE OF sense, the appointed and/or general funds of the City and
paper published at Salina,Saline County,Kansas, and PAYING THE PRINCIPAL elected Deputy or Acting City to reimburse the general
OF AND INTEREST ON 1 Clerk of the City. funds for money so expend-
THE BONDS AS THEY BE- "Code"means the Internal ed when the taxes and/or as-
of general circulation in said county,which newspaper
COME DUE; AND MAKING flevenue Code of 1986, as sessments are collected.
CERTAIN COVENANTS amended,and the applicable Section 5.Tax Covenants.
WITH RESPECT THERETO. regulations proposed or pro- The City covenants and i
WHEREAS, the City of mulgated thereunder of the agrees that it will not take
has been continuously and uninterruptedly published Salina,Kansas(the"City")is' United States Department of any action,or fail to take any
a City of the first class,crest- the Treasury. action, if any such action or
ed, organized and existing "Improvements"means the failure to take action would
for five consecutive years prior to first publication of at- under the laws of the State; improvements referred to in adversely affect the exclu-
and the preamble to this Ordi- sion of the interest on the
Hance. Bonds from gross income for
WHEREAS, pursuant to 9
K.S.A.10-101 at seq.,K.S.A. "Mayor"means the elected federal income tax purposes.
tached notice,and that the attached 12-685 at seq., and K.S.A. and acting Mayor of the City The City covenants and
12-6a01 at seq., as amend- or, in the Mayor's absence, agrees that it will use the
ed and supplemented, and the appointed and/or elected proceeds of the Bonds as
Ordinance No.07-10390
all other applicable provi- Vice or Acting Mayor of the soon as practicable and with
sions of the laws of the state City. all reasonable dispatch for
of Kansas, the governing Ordinance" means this the purpose for which the
body of the City has caused Ordinance authorizing the is- Bonds are issued as previ-
has been correctly published in said newspaper 1 the following improvements suance of the Bonds. ously set forth,and that it will
to be undertaken in the City "State"means the state of not directly or indirectly use
Kansas. or ermit the use of any pro-
(such improvements to be "Treasurer"means the ap- seeds of the Bonds or any the first publication given in referred to as the "Improve- pointed and acting Treasurer y
1� g ments"): p 9 other funds of the City, or
Resolution Number; of the City or,in the Treasur-''take or omit to take any ac-
Project Name:Amount er's absence, the appointed 1 tion that would cause the
the issue of June 13 2007. 02-5811; 06-6237; North and/or elected Deputy or Bonds to be "arbitrage
Ohio Overpass; $2,240,000 Acting Treasurer of the City. bonds"within the meaning of
04-6086; 06-6235; North Section 2.Authorization of Section 148(a)of the Code.I
Broadway Blvd; 2,257,959 and Security for the Bonds. To that end, the City will
!.t A JA , _ �_ 06-6243;Magnolia Hills These Bonds shall be issued comply with all requirements
Subdivision; 790,029 for the purpose of providing of Section 148.of the Code
06-1588;Piercy Addition; funds to pay the Authorized to the extent applicable to
147,901 Costs'of the Improvements. the Bonds.
.7-4 06-6233;Golden Eagle; The Bonds shall be gener- City it n
covenants se and
Subscribed and sworn to before me, this /—, 312,675 al obligations of the City pay-
agrees that
06-6252;Eagle Med; 27,599 able as to both principal and portion of the proceeds of
06-6264; Quail Meadows, interest in part from special the Bonds, including any in-
da y of 4._� A.D.2007 Phase II; 494,675 assessments levied upon the vestment income earned on
, 06-6280; West Grand Water property benefited by the such proceeds,directly or in-
extension 201,950 construction of certain im- directly, in a manner that
06-6282;Lakeside Addition provements, and, if not so would cause any Bond to be
-� _ 72,232 paid, from ad valorem taxes a"private activity bond"with-
TOTAL= $6,545,000 which may be levied without in the meaning of Section
Notary Public WHEREAS, all legal re- limitation as to rate or 141(a)of the Code.
quirements pertaining to the amount upon all the taxable Section 6. Further Authori-
Improvements have been property, real and personal tty. The Mayor, City Clerk
complied with, and the gov- within the territorial limits of and other City officials are
erning body of the City now the City. The balance of the authorized and directed to
s NOTARY PUBLIC•State 01 f Kansas s finds and determines that the principal of and interest on execute such actions documents as
� total cost of the Improve- the Bonds is payable from
_-2,_ WENDY CHROBAK ments is at least$6,545,000, ad valorem taxes which may they may deem necessary or
=.-._Illr1, to be paid by the issuance of be levied without limitation advisable in order to carry
My Appt.Exp,jl'-z.r_-.;f general obligation bonds; as to rate or amount upon all out the purposes of this Ordi-
and ' the taxable tangible property, nance.
WHEREAS,the governing real and personal,within the Section 7.Governing kw.
body of the City is authorized territorial limits of the City. The Ordinance and the
by law to issue general obli- I The full faith, credit and re- Bonds shall be governed by
gation bonds of the City to 'sources of the City are here- and construed in accordance
pay the costs of the Improve- by irrevocably pledged for with the applicable laws of
ments;and the prompt payment of the the State.
WHEREAS,the governing principal of and interest on Section 8. Effective Date.
body of the City hereby finds the Bonds as the same be- This Ordinance shall take st-
and determines it is neces- come due. fact and be in full force from
sary for the City to authorize ' Section 3. Terms. Details and after its passage by the
the issuance and delivery of and Conditions of the Bonds. governing body of the City
its general obligation bonds The Bonds shall be dated and publication in the official
in the principal amount of and bear interest, shall ma- City newspaper.
$6,545,000 to pay the costs Lure and be payable at such PASSED by the governing
of the Improvements; times,shall be in such forms, body of the City on June 11,
NOW, THEREFORE, BE shall be subject to redemp- 2007.
IT ORDAINED BY THE tion and payment prior to the
GOVERNING BODY OF maturity thereof,and shall be Mayor
THE CITY OF SALINA, issued and delivered in the
KANSAS,AS FOLLOWS: manner prescribed and sub- (SEAL)
Section 1. Definitions of ject to the provisions, cove-
Words and Terms. nants and agreements set ATTEST:
"Act" means the Constitu- forth in a resolution herein- City Clerk (1t)
tion and all applicable stat- after adopted by the govern-
utes of the State including ing body of the City.
but not limited to K.S.A. 10- Section 4. Levy and Col-
101 at seq.,K.S.A.12-685 at lection of Annual Tax and
seq., and K.S.A. 12-6a01 at ;Assessments.The governing
seq., all as amended and body of the City shall annual-
supplemented. ly make provision for the
"Authorized Cost" means payment of principal of, pre-
the amount of expenditure, mium,if any,and interest on
for an Improvement which the Bonds as the same be-
has been authorized to be come due, taking into ac-
paid by the City by a resolu- count any scheduled manda-
tion or ordinance of the City, tory redemptions, by levying
less (1) the amount of any and collecting the necessary
notes or bonds of the City taxes and/or assessments
which are currently outstand- upon all of the taxable tangi-
ing and available to pay the ble property within the City in
Authorized Cost,and(2)any the manner provided by law.
Authorized Costs which have
been previously paid by the