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82-3627 Appropriate Crawford St Imp Funding1 RESOLUTION NUMBER 82-3627 A RESOLUTION APPROPRIATING THE SUM OF $468,280.00, BEING THE CONTRACT PRICE FOR MATERIALS AND LABOR SUPPLIED AND FURNISHED IN THE MATTER OF THE CONSTRUCTION OF CERTAIN CURBING, GUTTERING, PAVING, GRADING, COMPACTION, DRAINAGE STRUCTURES, AND UTILITY IMPROVEMENTS IN CRAWFORD STREET IN THE CITY OF SALINA, AND FURTHER PROVIDING FOR THE ISSUANCE OF ONE TEMPORARY NOTE IN THE SUM OF $468,280.00 FOR THE PAYMENT THEREFOR. WHEREAS, Resolution Number 82-3596, adopted July 19, 1982, authorized the issuance of temporary notes of the City of Salina, Kansas, in the amount not to exceed the aggregate provided by law, to pay the cost of construction of certain curbing, guttering, paving, grading, compaction, drainage structures, and utility improvements in Crawford Street in the City of Salina, Kansas, and WHEREAS, bids were taken on this project on November 18, 1982, by the Kansas Department of Transportation, and a contract in the amount of $1,268,347.37 was awarded to Brown & Brown, Inc, and the City's share of this contract is $364,649.87, and WHEREAS, the cost of land acquired and legal fees is $103,630.13, and WHEREAS, the Kansas Department of Transportation requires the amount of $364,649.87 be paid to the State Controller by December 21, 1982, and WHEREAS, the City has incurred an additional cost of $103,630.13, and WHEREAS, the sum of $468,280.00 does not exceed the aggregate provided by law as authorized by Resolution Number 82-3596, adopted July 19, 1982, and will not cause to be executed any statutory or bonded debt limit, SO NOW, THEREFORE BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: That one temporary note, as authorized by Resolution Number 82-3596, adopted July 19, 1982, be and the same is hereby authorized to be issued in the sum of $468,280.00. That said temporary note shall be numbered one (1), Series PT -94, shall bear interest at the rate of seven percent M), per annum, payable at maturity at the Office of the City Treasurer of the City of Salina, Kansas, shall become due on or before December 20, 1984, or shall be redeemed or cancelled before or at the time bonds are issued in lieu thereof. Said temporary notes shall be in the form and executed as by law prescribed. That a copy of said temporary note is hereto attached, made a part hereof, and marked Exhibit ''A'' and said copy being duly certified as such by the City Clerk of said City of Salina, Kansas. That upon the sale of said Temporary Note Number One (1), Series PT -94, dated December 20, 1982, in the amount of $468,280.00, either at public or private sale by the Governing Body of the City of Salina, Kansas, the proceeds from such sale shall be deposited with the City Treasurer of the City of Salina, Kansas, for payments to the State of Kansas. Adopted by the Board of Commissioners and signed by the Mayor this 13th day of December, 1982. (SEAL) ATTEST: D. L. Harrison, City Clerk Keith G. Duckers, Mayor EXHIBIT "A" STATE OF KANSAS COUNTY OF SALINE CITY OF SALINA TEMPORARY NOTE $468,280.00 SERIES PT -94 Number One (1) KNOW ALL MEN BY THESE PRESENTS that. the City of Salina, in the County of Saline, State of Kansas, acknowledges itself to be indebted and for value received promises to pay the bearer the sum of Four Hundred Sixty-eight Thousand Two Hundred Eighty Dollars and no cents in lawful money of the United States of America on the 20th day of December, 1984, payable with interest thereon at the rate of seven percent (7q) per annum at maturity thereof, both principal of and interest on thisnote being payable at the Office of the City Treasurer of the City of Salina, Kansas; and the City of Salina, Kansas, is held and firmly bound by these presents and its full faith and credit are hereby irrevocably pledged for the prompt payment of said principal and interest at maturity. The said City may call this note for payment at any time before maturity by serving written notice to that effect upon the holder of this note or by publication once in a newspaper of general circulation in said City at least seven days before the date of such call, and may redeem this note on the date of such call for the amount of the principal --and interest accrued to that date and interest shall cease on that date. This note is for the principal sum of Four Hundred Sixty-eight Thousand Two Hundred Eighty Dollars and no cents issued by the City of Salina, Kansas, for the purpose of paying the cost of construction of certain curbing, guttering, grading, paving, grading, compaction, drainage structures, and utility improvements in Crawford Street in said City, and is issued by authority of -and in full compliance and conformity with the provisions, restrictions and limitations of the resolutions and ordinances of said City and of the Constitution and laws of the State of Kansas, and particularly K.S.A. Sections 12-6a01 to 12-6a18 and Section 10-123, and all other provisions of the laws of said State applicable thereto, all pending the issuance of bonds of said City to pay the cost of said work and this note and interest thereon to be paid by the City of Salina, Kansas. And it is hereby declared and certified that all acts, conditions and things required to be done and to exist precedent to and in the issuance of this note have been properly done and performed and do exist in due and regular form and manner as required by the Constitution and laws of the State of Kansas, and that the total indebtedness of said City, including this series of notes, does not exceed Constitutional or Statutory limitations. IN WITNESS WHEREOF, the City of Salina, Kansas, has executed this note by causing�it to be signed by its Mayor and its corporate seal to be affixed hereto on the 13th day of December, 1982. (SEAL) ATTEST: L. Harrison, City Cler Keith G. Duckers, Mayor This temporary note shall not be negotiable unless and until countersigned below following registration by the Treasurer of the State of Kansas. (SEAL) D. L. Harrison, City Clerk STATE OF KANSAS ) ) SS COUNTY OF SALINE ) I, D. L. Harrison, City Clerk of the City of Salina, Kansas, hereby certify that this Temporary Note, Series PT -94, has been registered in my office. WITNESS my hand and official seal this D. L. Harrison. City Clerk STATE OF KANSAS ) ) SS COUNTY OF SHAWNEE ) I, Joan Finney, Treasurer of the State of Kansas, do hereby certify that the within Temporary Note, Series PT -94 of the City of Salina, Kansas, has been filed in my office and that this note was registered in my office according to law on WITNESS my hand and official seal. By tate Treasurer of Kansas