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2304 Issue Temporary Notes PT-43181 RESOLUTION NUMBER 2304 A RESOLUTION authorizing and providing for the issuance of Temporary Notes of the City of Salina, Kansas, in the sum of $76,239.14 to pay a portion of the cost of improving certain streets in the City of Salina to be designated as Series PT -43 pending the issuance of bonds to pay the cost of said work. WHEREAS, pursuant to proceedings duly had according to law, contracts have been let and partially performed for the construction of certain street improvements in the City of Salina, Kansas, as provided by Resolution Numbers 2162, 2175 and 2178 and Ordinance Number 6356, all of which resolutions and _ordinances are incorporated herein by references as fully as though set out here in full; and WHEREAS, the total estimated cost of said improvements if $88,796.40; and WHEREAS, approved estimate number 1 is now on file in the Office of the City Clerk establishing that the Brown and Brown Construction Company has partially performed the construction or contract thereof, and is entitled to receive the sum of $76,239.14 for such partial performance; and WHEREAS, pending the issuance and sale of bonds to pay the cost of said improvements it' is necessary for said city to issue its temporary,note to acquire funds to pay said contractor for such work; and SO NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the City of Salina, Kansas: That the foregoing preambles are hereby made a part of this resolution. That pending the issuance and sale of bonds to pay the cost of said improvements, the City of Salina shall issue its temporary notes, dated sum less than the aggregate amount of bonds to be and now unissued, as supported and shown by the approved estimate now on file and in denomination as follows: Number 1; $46,239.14 Number 2; $30,000.00. That said temporary notes shall be signed by the Mayor and shall be attested by the signature of the City Clerk and the corporate seal of the City shall be affixed thereto and that -said temporary notes shall be register in the Office of the City Clerk.and in the Office of the State Auditor as required bylaw. That said notes shall be designated as Series PT -43 and each shall be in the form and contain recitals substantially as follows to -wit: January 26, 1960 bearing interest at the rate of four per cent per annum, maturing not later than December 1, 1960 in the sum of $76,239.14 being a sum less than the aggregate amount of bonds to be and now unissued, as supported and shown by the approved estimate now on file and in denomination as follows: Number 1; $46,239.14 Number 2; $30,000.00. That said temporary notes shall be signed by the Mayor and shall be attested by the signature of the City Clerk and the corporate seal of the City shall be affixed thereto and that -said temporary notes shall be register in the Office of the City Clerk.and in the Office of the State Auditor as required bylaw. That said notes shall be designated as Series PT -43 and each shall be in the form and contain recitals substantially as follows to -wit: UNITED STATES OF AMERICA STATE OF KANSAS COUNTY OF SALINE CITY OF SALINA TEMPORARY NOTE Series No. KNOWN 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 dollars in lawful money of the United States of America, on the first day of 19 , with interest thereon from the date thereof at the rate of per cent per annum, payable at maturity thereof, both principal and interest fif 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 f iath 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 ser -ring written notice to that effect on 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 such date. This note is one of a series of notes of like date and tenor, excepting denomination, aggregating the principal sum of ISSUED BY THE City of Salina, Kansas, for the purpose of paying a part of the cost of construction of certain curbing, guttering, paving and grading improvements in said city by the authority of and in full compliance with the provisions, restrictions and limitations of the constitution and laws of the State of Kansas, including Sections 10-101 to 10-115, 10-123, 12-601 to 12-608, 12-6a01 to 12-6a17, 13-1011, and 13-1011-A General Statutes of Kansas, 1949 and such sections as amended, 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 therein to be paid by the City of Salina, Kansas. And it is hereby declared and certified that all acts, conditons 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 WHEREOP, 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 thereto 19 Attest: City Clerk State of Kansas, County of Saline: SS I hereby certify that this temporary note has been registered in my office. Date City Clerk Mayor AUDITOR OF THE STATE OF KANSAS I hereby certify that this temporary note has been registered in my offic Date Auditor of the State of Kansas 1 1 1 That the Mayor and the City Clerk are hereby authorized to and directed to prepare and execute said notes and to sell same in the manner provided by law, and when duly executed and registered to deliver said notes to the purchaser or purchasers thereof. That this resolution be in full force and effect from and after its adoption. Introduced: January 26, 1960 Passed: January 26, 1960 Don C. McCune Mayor N. E. Peterson City Clerk STATE OF KANSAS ) SS COUNTY OF SALINE ) I hereby certify that the above and foregoing is a true and correct copy of Resolution number 2304 passed by the Board of Commissioners of Salina, Kansas January 26, 1960 City Clerk 1