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85-3762 Project Loan Note(1\Cy0 10//2) RESOLUTION NUMBER 85-3762 OF PROJECT .LO:y NOTE AND/OR I PERIIt1tiENT NOTE FRErLS.the City of Salina, Kansas (Her in calked the "Local. Authority") has entered into an Annual Contri- buts s'Contract No., FW 1114 dated .12/29/197? "(herein. called the "Contract") with the United States of Amer a (herein _called the "Government"); and proposes to authorize the issucace of .its notes as evidence of advances to be made to the Local Authc rity pursuant to the Contract; all with respect to any "Project" as defired in the Contract and which at any time now or hereafter is incorpor- ated nder the terms of such Contract.. I1, THEREFORE, BE IT RESOLVED by the Local Authority'as follows: AuLt�iorit or the Executive Directoris hereby author- ection 1. The airmen ized. to file. -Faith. the':Government.from. time to time as monies are required,, requisitions together with the. necessary' supporting.documents requesting. advances tobe made on account of the loan- -provided .in' the Contract., and the roper officers of the Local -Authority shall prepare,. execute and deliver to the Government Notes hereinafter authorized and shall.accept pays nt therefor from the Government in cash and/or exchange for other Notes of the Local authority, and such persons -are authorized to do and perform all other things and acts required to be done or performed in order too tain such advances. Cash proceeds from the sale of..all Notes shall be d posited and,'disbursed only in accordance With the provisions of'the Cont act. lection 2. (A) In order to provide monies to finance the Development Cost of each Project and to refund, renew, extend or substitute for any t Proj ct Loan Notes (in the Contract, called "Project *totes") or Permanent Notel by this Resolution authorized to be issued (or.any such Notes by any ther.,resoluticn au.tnorized to be issued and which are outstanding, or on d posit for de.livery.pending payment therefor-, as._of .the date this Resolution becomes effective), or for any ProjectNotesCin the .Contract call d- "Temporaiy:,Notes") issued by. the Local :authority in anticipation of the elive ry ;of F toject. Loanor rermanent.Notes, there are hereby authorized to b issued., from time to time, Project Loan :and.,Permanent Notes of the Local .Authority in an. -aggregate. principal amount outstanding at any one time (whether authorized by this Resolution or any other resolution auth rizing the issuance of Project Loan or L'erm.nent Notes) equal to the' Maxi um Development Cost (or the .actual Development Cost if such amount has then been determined) of each Project, less the sum of (1) the principal amount of Bonds issued to finance such Development Cost and (2) the principal amou t of Project Loan, Permanent, or Project Notes issued to finance such Deve oT)ment Cost and -which has then been retired from funds other than the proc eds of any loan- obtained by the Local authority. (B)` Each such Note shall bear .interest and be payable in the orm and manner prescribed by the Contract and this Resolution; shall be s fined an the name of the Local Authority by the Mayor shall have the official seal of the Local Authority impressed thereon and attested by the. City Clerk Each Project Loan Note shall be in substantially the orm of. Form No-. HUD -9204 and each Permanent Note shall be in substan- tia y in the.fora of Form No. h D-5:2250, each of which forms I is incorporated her.eLn by;.reference and made a part hereof. Project Loan Notes and Permanent Note3 shall be issued to finance the Development Cost of.Non-Permanently, Fina -iced Projects and Permanently Financed Projects, respectively. (C) Each Note issued with respect to any Project shall be. a direct andgeneral obligation of the Local authority, the full faith and redit'of which is hereby. pledged for the punctual payment, of the princi- pal f and` interest' on such l:otes, and, together with all other Notes issued pur4kannt to this Resolution, shall be additionally se'cured.by (1) a first age 2 of 2 pl ge of: the annual contributions payable to the -Local Authority and au orized to be pledged to such payment pursuant to the--Contract-and (2) by a pledge of.andlien on the Residual Receipts of such -Project aftar providing for the payment of Bonds issued in respect to such Prc 'ect. (D) As additional security for the equal and ratable .pa ent of the principal of and interest on each Note issued.with respect to iny Project, together with each other note issued with respect to suci Project, the Local Authority, to the fullest extent permitted by -the Laws of the State, hereby pledges, mortgages, conveys and grants to the Government all property described in the Contract constituting such Project, including.that.certain real property relating to each such Project, and more.particularly described in the trust instrument or any amendment thereto: as:,executed- and recorded by•the Local authority pursuant. to" he Contract: Provided, That.in`respect.to.Permanently Financed Pro ects the lien of:,such,pledge_and mortgage and rights.granted and, conveyed pursuant. to. this paragraph shall (1)'be junior•to the Bonds and- ndjun junior or to the pledge of Residual Receipts securing the. Bonds, and (2) not be foreclosable until.all Bonds shall have been paid and discharged in he manner provided in the'Bond Resolutions . if the preceding sentence sha 1 be adjudged by a,:court of competent jurisdiction to be invalid or ine fective it is -the .intention of the Local Authority, to be fully deli-ated and r the other- provisions of this solution and that such sha "jud^:Lent 1"not impair or invalidate the obligation of the Local .authority as herein pro ided . Section. 3. Whenever the following terms, or any of them; are .used in thi Resolution, the carie, unless the contest shall indicate another or dif Brent meaning -or intent,•sliall be construed -and are intended to have me ings as foilows: (1).: The term "Resolution", shall mean this Resolution. . (2)":. All .`other .terms used in :this Resolutior. and .7hich are ,defined in the Contract shall have -the rcf;-jective meanings.ascribed thereto in..the Contrac;t., Section 4. All resolutions or parts of resolutions heretofore adopted by the Local authority which authorize the issuance and/or delivery of Project, Proart Loan or le.L Hent Plotes pursuant to the Contract are hereby repealed: Pro ided, however, .That such repeal shall in no way affect the validity of Pro ect, Project Loan or Permanent Notes issued pursuant to said resolutions whi h are outstanding or on deposit for -delivery pending payment therefor on the date this Resolution becomes effective: .Provided I ether, That the P ro- jec Loan Notes authorized by.this Resolution shall be exchanged for any Pro ect Notes heretofore issued pursuant to any previous resolution. ection 5e.- This Resolution shall take effect immediately. Adopted by the Board of Commissioners and signed by the Mayor this 21s day of January, 1985. - - - > Me11: k&dgel. Mayor (SE L) ATTEST: . D. L. Harrison, City Clerk