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11-10607 Issue GO Bonds Series 2011-A(PUBLISIIE'D IN TH SALINAJOURNAL ON JUL.Y_)$� 2011) ORDINANCE NO. 11-10607 AN ORDINANCE, AUTHORIZING AND PROVIDING FOR THE ISSUANCE, OF z $6,565,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION INTERNAL w IMPROVEMENT BONDS, SERIES 2011-A, OF THE CITY OF SALINA, KANSAS; PROVIDING FOR THELEVY AND COLLECTION OF AN ANNUAL TAX FOR THE PURPOSE OF PAYING THE PRINCIPAL. OF AND INTEREST ON SAID BONDS AS THEY BECOME DUE; AUTHORIZING CERTAIN OTHER DOCUMENTS AND ACTIONS IN CONNECTION THEREWITH; AND MAKING CERTAIN COVENANTS WITH RESPECT THERETO WHERA:AS, the City is a city of the first class, duly created, organized and existing under the Constitution and laws of the State; and WHEREAS, pursuant to K.S.A. 12-6a01 et seq., K.S.A. 12-685 ct sq., K.S.A. 65-163u, as amcndal, and other provisions of the laws ofthe State of Kansas applicable thereto, be proceedings duly had, the governing body of the City has authorized the following improvements (the "Improvements") to be made in the City, to -wit: - NOW, THEREFORE, 13E IT ORDAINED 13Y THE GOVERNING BODY OF THE CITY OF SALINA, KANSAS, AS FOLLOWS: Section 1. Definitions of Words :lard Terms. In addition to words and terms defined elsewhere herein, the following words and terms in this Ordinance shall have the meanings hereinafter set forth. Unless the context shall otherwise indicate, words importing the singular number shall include the plw-al and vice versa, and words importing persons shall include firms, associations and corporations, including public bodies, as well as natural persons. "Act" means the Constitution and statutes of the State including K.S.A. 10-101 to 10-125, inclusive, K.S.A. 10-620 et seg. and K.S.A. 12-6a01 el seq., K.S.A. 12-685 el seq., K.S.A. 65-163u, Charter Ordinance No. 34 and Article 12, Section 5 of the Constitution ofthe State of Kansas, all as amended and supplemented from time to time. "Bond and Interest Fund" means the Bond and Interest Fund of the City for its general obligation bonds. "Bond Resolution" mcans the resolution to be adopted by the governing body of the City prescribing the terms and details ofthe Bonds and making covenants with respect thereto.' "Bonds" mcans the City's General Obligation Internal Improvement Bonds, Series 2011-A, in the aggregate principal amount of $6,565,000, and dated July 15, 2011, authorized by this Ordinance. "City" means the City of Salina, Kansas. "Clerk" means the duly appointed and acting Clerk of the City or, in the Clerk's absence, the dully appointed Deputy Clerk or Acting Clerk. Proicct Description Resolution No. . Authority Amount Grand Prairie Addition 09-6675 K.S.A. 12-6a01 el seq. $1,396,262.40 RifTel Addition #2 10-6723 K.S.A. 12-6a01 el seq. 977,916.69 Bergkamp Subdivision 08-6557 K.S.A. 12-6a01 et seq. 86,975.65 Salina Airport Utility/Fire 11-6823 K.S.A. 65-163u/ Charter Ordinance 34 3.765.836.49 Fast Magnolia Design 11-6812 K.ScA. 12-685 el seq. - 338,008.78 Total. S6,565,000.00 and WHEREAS, the governing body ofthe City is authorized by law to issue general obligation bonds of the City to pay the costs of the Improvements; and WHEREAS, the governing body ofthe City has advertised the sale of the Bonds in accordance with the law and at a meeting held in the City on this date, awarded the sale of such Bonds to the best bidder. NOW, THEREFORE, 13E IT ORDAINED 13Y THE GOVERNING BODY OF THE CITY OF SALINA, KANSAS, AS FOLLOWS: Section 1. Definitions of Words :lard Terms. In addition to words and terms defined elsewhere herein, the following words and terms in this Ordinance shall have the meanings hereinafter set forth. Unless the context shall otherwise indicate, words importing the singular number shall include the plw-al and vice versa, and words importing persons shall include firms, associations and corporations, including public bodies, as well as natural persons. "Act" means the Constitution and statutes of the State including K.S.A. 10-101 to 10-125, inclusive, K.S.A. 10-620 et seg. and K.S.A. 12-6a01 el seq., K.S.A. 12-685 el seq., K.S.A. 65-163u, Charter Ordinance No. 34 and Article 12, Section 5 of the Constitution ofthe State of Kansas, all as amended and supplemented from time to time. "Bond and Interest Fund" means the Bond and Interest Fund of the City for its general obligation bonds. "Bond Resolution" mcans the resolution to be adopted by the governing body of the City prescribing the terms and details ofthe Bonds and making covenants with respect thereto.' "Bonds" mcans the City's General Obligation Internal Improvement Bonds, Series 2011-A, in the aggregate principal amount of $6,565,000, and dated July 15, 2011, authorized by this Ordinance. "City" means the City of Salina, Kansas. "Clerk" means the duly appointed and acting Clerk of the City or, in the Clerk's absence, the dully appointed Deputy Clerk or Acting Clerk. "Improvements" means the improvements referred to in the preamble to this Ordinance and any Substitute Improvements. "Mayor" means the duly elected and acting Mayor or, in the Mayor's absence, the duly appointed and/or elected Vice Mayor or Acting Mayor of the City. "Ordinance" means this Ordinance authorizing the issuance of the Bonds. N y $ "State" mcans the State of Kansas. rg "Substitute Improvements" mcans the substitute or additional improvements of the City authorized in the manner set forth in the Bond Resolution. Section 2. Authorization of the Bonds. There shall be issued and hereby are authorized and directed to be issued the General Obligation Internal Improvement Bonds, Series 2011-A, of the City in the principal amount of $6,565,000, for the purpose of providing funds to: (a) pay the costs of the Improvements; (b) pay Costs of Issuance of the Bonds; and (c) retire interim financing issued to finance the Improvements. Section 3. Security for the Bonds. The Bonds shall be general obligations of the City payable as to both principal and interest in part from special assessments levied upon the property bcnellied by the construction of the Improvements and, if not so paid, from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of the City. The balance of the principal and interest on the Bonds is payable from ad valorem taxes which may be levied without limitation as to rate or amount upon all the taxable tangible property, real and personal, within the territorial limits of the City. The full faith, credit and resources of the City arc hereby irrevocably pledged for the prompt payment of the principal of and interest on the Bonds as the same become due. Section 4. Terms, Details and Conditions of the ,Bonds. The Bonds shall be dated and bear interact, shall mature and be payable at such times, shall be in such forms, shall be subject to redemption and Payment prior to the maturity thereof, and shall be issued and delivered in the manncr prescribed and subject to the provisions, covenants and agreements set forth in the Bond Resolution hereafter adopted by the governing body of the City. Section 5. Levy and. Collection of Annual 'fax. "file governing body of the City shall annually make provision for the payment of principal of, premium, if any, and interest on the Bonds as the same become due by levying and collecting the necessary taxes and/or assessments upon all of the taxable tangible property within the City in the manlier provided by law. The taxes and/or assessments above referred to shall be extended upon the tax rolls in tach of the several years, respectively, and shall be levied and collected at the same time and in the same manncr as the general ad valorem taxes of the City are levied and collected, shall be used solely for the payment of the principal of and interest on the Bonds as and when the same become due and the fees and expenses of the paying Agent. The proceeds derived from said taxes and/or assessments shall be deposited in the Bond and Interest Fund. If at any time said taxes and/or assessments are not collected in tittle to pay the principal of or interest on the Bonds when due, the Treasurer is hereby authorized and directed to pay said principal or interest out of the general funds of the City and to reimburse said general funds lot money so expended when said taxes and/or assessments are collected. Section 6. Further Authority. 'file Mayor, Clerk and other City officials are hereby funccr authorized and directed to execute any and all documents and take such actions as they may deem necessary or advisable in order to carry out and perform the purposes of the Ordinance, and to make alterations, changes or additions in the foregoing agreements, statements, instruments and other documents herein approved, authorized and confirmed which they may approve, and the execution or taking of such action shall be conclusive evidence of such necessity or advisability. Section 7. Governing Law. This Ordinance and the Bonds shall be governed exclusively by and construed in accordance with the applicable laws of the State. Section 8. Effective Date. This Ordinance shall take effect and be in full force Front and after its passage by the governing body of the City, approval by the Mayor and publication in the official City newspaper. JBALANCE OP THIS PAG$ INTENTIONAI-LY 1,F]'T BI„ANK j 2 w ADOY'rED by the governing body of the Issuer on July 11, 2011 (SEAL) �� nrrrsT o Clerk CERTIFICATE Mayor 1 hereby certify that the above and foregoing is a true and correct copy of the Bond Resolution of the Issuer adopted by the governing body on July l I, 2011 , as the same appears of record in my off ice. DATED: July 11, 2011 - Clerk [BALANCE OP 1-11IS PAGE INTENTIONALLY L,EPT BLANK