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
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ADOY'rED by the governing body of the Issuer on July 11, 2011
(SEAL)
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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