3328 Appropriate Temp Notes PT-891
IF
1
RESOLUTION NUMBER 3328
A RESOLUTION APPROPRIATING THE SUM OF $382,232.38, BEING THE CONTRACT
PRICE FOR MATERIALS AND LABOR SUPPLIED AND FURNISHED IN THE MATTER OF THE
CONSTRUCTION OF CERTAIN CURBING, GUTTERING, PAVING, GRADING, WATER AND SANITARY
SEWER IMPROVEMENTS IN THE CITY OF SALINA, AND FURTHER PROVIDING FOR THE ISSUANCE
OF ONE TEMPORARY NOTE IN THE SUM OF $382,232.38, FOR THE PAYMENT THEREFOR.
WHEREAS, Resolution Number 3309 adopted March 7, 1977, 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, water and sanitary sewer improvements in
the City of Salina, Kansas, and
WHEREAS, bids were taken on this project on May 16, 1977, and a
contract in. the amount of $150,937.38 was awarded to Earth Excavation, Inc., on
May 23, 1977 for Part I;. and a contract in the amount of $231,295.00 was awarded
to Brown & Brown,. Inc., on May 23, 1977 for Part II, and
WHEREAS, work on the project has progressed to a point where a partial
payment is due the contractors, and
WHEREAS, additional partial payments will be due in short intervals,
and
WHEREAS,'the sum of $382,232.38 does not exceed the aggregate provided
by law as authorized by Resolution Number 3309, adopted March 7, 1977, and will
not cause to be exceeded 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 3309,
adopted.March 7, 1977, be and the same is hereby authorized to be issued in the
sum of $382,232.38. That said temporary note shall be numbered one. (l), Series
PT -89,- shall bear interest at the rate of four percent (4%) per annum, payable
at maturity at the Office of the City Treasurer of the City of Salina, Kansas,
shall become due on or before July 1, 1980, 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 the City of
Salina, Kansas. That upon the sale of said Temporary Note Number One (1),
Series PT -89, dated July 1, 1977, in the amount of $382,232.38, 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 Earth Excavation, Inc., and Brown & Brown,
Inc., from time to time as partial payments are properly certified by the City
Engineer.
Adopted by the Board of Commissionersand signed by the Mayor this
13th day of June, 1977.
All
Jack We i sgerber ' Act`i'ng 'Mayor
Atte'st:7"
D. L. Harrison, City Clerk
STATE OF KANSAS
COUNTY OF SALINE
EXHIBIT "A" CITY OF SALINA
TEMPORARY NOTE
$382,232.38 Series PT -89
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 Three Hundred Eighty-two Thousand, Two Hundred Thirty-two Dollars and Thirty-eight
cents in lawful money of the United States of America on the 1st day of July, 1980, payable
with interest thereon at the rate of four percent (4%) per annum at maturity thereof,.both
principal and interest of this note 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 faith and credit are hereby irrevocably pledged for the.prompt payment of
principal and interest at maturity. The said City may cal i'this note for payment at
time before maturity by serving written notice to that"effect on the.holder of this note
by publication once in a newspaper of general circuTation 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 t t principal sum of Three Hundred Eighty-two Thousand, Two Hundred Thirty-
two Dollars and Thirty-eight cents issued by the City of Salina, Kansas, for the purpose of
paying the cost of construction of certain curbing, guttering, paving, grading water and
sanitary sewer improvements 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 Sections 10-101 to 10-115; 12-601 to
12-608 and 13-1011; 13-1011A and 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
ned by its Mayor and its corporate seal to be affixed thereto June 13, 1977.
Attest: Jack -Wei sgerbe-r_ _Act i ng ;Mayos
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 -89 has been registered in my office.
WITNESS my hand and official seal this
D. L. Harrison, City Clerk
TE OF KANSAS )
SS
NTY OF SHAW14EE )
I, Joan Finney, Treasurer of the State of Kansas, do hereby certify that the within.
Temporary Note Series PT -89 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.
State Treasurer of Kansas
By_