02-10122 Agr Interlocal College(Published in the Salina Journal on -Mn , x003)
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ORDINANCE NO. 02-10122
AN ORDINANCE APPROVING AND AUTHORIZING THE CITY OF SALINA,
KANSAS TO ENTER INTO THE FIRST AMENDED AND RESTATED
INTERLOCAL COOPERATION AGREEMENT WITH VARIOUS CITIES IN THE
STATE OF KANSAS IN ORDER TO BECOME A MEMBER OF THE KANSAS
INDEPENDENT COLLEGE FINANCE AUTHORITY THEREBY ENABLING SUCH
AUTHORITY TO ISSUE BONDS AND/OR NOTES TO PROVIDE FUNDS TO MAKE
LOANS TO CERTAIN INDEPENDENT PRIVATE COLLEGES AND UNIVERSITIES
LOCATED IN THE CITY TO FINANCE, REFINANCE AND REIMBURSE THE
COST OF EDUCATIONAL FACILITIES AND TO PROVIDE WORKING CAPITAL
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WHEREAS, the Kansas Interlocal Cooperation Act, K.S.A. 12-2901 et seq., as amended (the
"Interlocal Cooperation Act"), permits local governmental units to make the most efficient use of their powers
by enabling them to cooperate with other localities, persons, associations and corporations on a basis of mutual
advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental
organization that will accord best with geographic, economic, population and other factors influencing the
needs and development of local communities; and
WHEREAS, the Kansas Independent College Association requested that several cities in the state of
Kansas, pursuant to the laws of the State of Kansas, particularly Article 12, Section 5 of the Kansas
Constitution and the Interlocal Cooperation Act, enter into the Interlocal Cooperation Agreement Creating the
Kansas Independent College Finance Authority (the "Original Agreement") which agreement created a separate
legal entity known as the "Kansas Independent College Finance Authority" (the "Authority"); and
WHEREAS, the Original Agreement authorized the Authority to issue bonds and/or notes for the
purpose of providing funds to make loans ("Loans") to local independent private colleges and universities
located in the State of Kansas (collectively, the "Borrowers") to finance, refinance and reimburse the cost of
educational facilities and to provide working capital funds; and
WHEREAS, cities have home rule powers under Article 12, Section 5 of the Kansas Constitution to
grant authority to such cities to issue bonds and/or notes for the purpose of providing funds to make loans to
local independent private colleges and universities in order to develop the general economic welfare of such
cities and to improve the educational opportunities for residents of the cities; and
WHEREAS, pursuant to the Interlocal Cooperation Act, any power, privilege or authority capable of
exercise by any city may be exercised and enjoyed jointly with any other city possessing such power, privilege
or authority; and
WHEREAS, cities have home rule authority to create the Authority and to authorize the Authority to
issue bonds and/or notes for the purpose of providing funds to make Loans to the Borrowers which own and
operate educational facilities within the boundaries of the respective cities; and
WHEREAS, in order to be added as an additional member to the Original Agreement as amended by
the First Amended and Restated Interlocal Cooperation Agreement (the "First Amended and Restated
Agreement"), the City of Salina, Kansas (the "City") desires to execute the First Amended and Restated
Agreement; and
WHEREAS, by executing the First Amended and Restated Agreement, the City wishes to become a
party to the Original Agreement, as amended and restated by the First Amended and Restated Agreement; and
WHEREAS, pursuant to the Interlocal Cooperation Act and home rule authority, the City is authorized
and empowered to enter into the First Amended and Restated Agreement for the purpose of becoming an
additional member and establishing the relationships, duties and obligations of the City in accordance with the
Interlocal Cooperation Act; and
WHEREAS, the governing body of the City does now find and determine that, in order to (a) promote,
stimulate and develop the general economic welfare and prosperity of the City and the State of Kansas, and (b)
improve the educational opportunities available to residents of the City and surrounding communities, it is
desirable and in the best interests of the City and its residents that the City approve and authorize the execution
of the First Amended and Restated Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
SALINA, KANSAS, AS FOLLOWS:
Section 1. Authorization to Issue Bonds. The City is hereby authorized under Article 12,
Section 5 of the Kansas Constitution to issue bonds and/or notes for the purpose of providing funds to make
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loans to finance, refinance and reimburse the cost of educational facilities and to provide working capital funds
to local independent private colleges and universities within the City and its environs in order to develop the
general economic welfare of the City and to improve the educational opportunities for residents of the City.
Section 2 . Authorization of First Amended and Restated Agreement. The City is hereby
authorized under Article 12, Section 5 of the Kansas Constitution to enter into the First Amended and Restated
Agreement among the City and the other members, in substantially the form presented to the governing body of
the City, in order to become a member of the Authority and to enable the Authority to make Loans to certain
independent private colleges and universities within the City, with such changes therein to correct omissions or
ambiguities as shall be approved by the representatives of the City executing the First Amended and Restated
Agreement, such representatives' signatures thereon being conclusive evidence of their approval thereof.
Section 3 . City Not Liable. In no event shall the City be liable for the repayment of any Loan or
any bonds and/or notes issued in connection therewith, or for any fees, costs, expenses or other obligations in
connection with the issuance of the bonds and/or notes or the making of Loans.
Section 4. Further Authority. The City shall, and the officers and agents of the City are hereby
authorized and directed to, take such action and execute such other documents, certificates and instruments as
may be necessary or desirable to carry out and comply with the intent of this Ordinance, the Original
Agreement and the First Amended and Restated Agreement.
Section 5. Authority and Effective Date. This Ordinance is adopted pursuant to and under
authority of Article 12, Section 5 of the Kansas Constitution and the Interlocal Cooperation Act and shall take
effect and be in full force from and after its adoption by the governing body of the City and publication in the
official newspaper of the City.
PASSED by the governing body of the City of Salina, Kansas, this 6"' day of January, 2003.
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Kristin . Seaton, Wayor
[SEAL]
ATTEST:
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Lieu Ann Nicola, City Clerk