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87-9218 IRB(Published in The Salina Journal October 1`l, 1987) ORDINANCE NUMBER 87-9218 AN ORDINANCE OF THE GOVERNING BODY OF THE CITY OF SALINA, KANSAS (THE "CITY") AUTHORIZING THE EXECUTION OF A COOPERATION AGREEMENT PURSUANT TO THE KANSAS LOCAL RESIDENTIAL HOUSING FINANCE LAW, K.S.A. 12-5219 ET SEQ., AS AMENDED, BETWEEN SEDGWICK COUNTY, KANSAS AND SHAWNEE COUNTY, KANSAS (THE "ISSUERS") AND THE CITY, AUTHORIZING THE ISSUERS TO EXERCISE, ON BEHALF OF THE CITY, THE AUTHORITY AND POWERS CONFERRED BY THE KANSAS LOCAL RESIDENTIAL HOUSING FINANCE LAW IN CONNECTION WITH THE ISSUANCE BY THE ISSUERS OF SINGLE FAMILY MORTGAGE REVENUE BONDS AND AUTHORIZING THE EXECUTION OF VARIOUS OTHER DOCUMENTS IN CONJUNCTION THEREWITH. WHEREAS, the Governing Bodies of the Issuers, in cooperation with one or more counties and cities of the State of Kansas (the "State"), desire to undertake a program to provide decent, safe and sanitary housing for persons of low and moderate income and to issue bonds and other obligations and to provide security therefor, all in accordance with the Kansas Local Residential Housing Finance Law, K.S.A. 12-5219 et seq., as amended (the "Act"); and Whereas, the Governing Body of the City, in cooperation with the Issuers, also desires to undertake a program to provide decent, safe and sanitary housing for persons of low and moderate income and to issue bonds and other obligations and to provide security therefor, all in accordance with the Act; and ' WHEREAS, the Act provides that one or more cities and counties may join together and cooperate with one another in the exercise of any powers conferred under the Act, either jointly or otherwise, in accordance with and pursuant to a written agreement between or among such cooperating cities and counties; and WHEREAS, the City has previously issued its single family mortgage revenue bonds (the "Prior Bonds") , the proceeds of which were used to finance •a residential housing finance plan; and WHEREAS, prepayments of the home mortgages financed with the proceeds of the Prior Bonds have occurred, resulting in accumulations of amounts for the redemption of the Prior Bonds and it is anticipated that additional prepayments will occur; and WHEREAS, the Issuers desire to refund the portion of the Prior Bonds for which prepayments have been received and to effectuate program savings by undertaking the refunding of the Prior Bonds from time to time in conjunction with the refunding from time to time of certain bonds of the Issuers and other political subdivisions of the State; and WHEREAS, the adoption of the resolutions by the Issuers and this ordinance by the City authorizing the execution of the Cooperation Agreement, and supplemental indenture(s) or authorizing letter(s) , funds exchange agreement(s) , or other legal documents in conjunction with the issuance of the single family mortgage revenue bonds by the issuers to refund Prior Bonds and the exercise thereof will not conflict with or constitute on the part of said city or county a breach of or default under the laws of the State, including the Act, or any other agreement, indenture or instrument to which either is a party or by which either is bound; SO NOW, THEREFORE BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. The City hereby agrees to join and cooperate with the Issuers in implementing and carrying out a residential housing finance plan pursuant to and in accordance with the Act and a Cooperation Agreement between the City and the Issuers (the "Cooperation Agreement"), including the issuance by the Issuers of single family mortgage revenue bonds to refund the Prior Bonds from time to time. Section 2. The Mayor and City Clerk are hereby authorized to execute theration Agreement in substantially the form attached hereto as Exhibit A. Section 3. The Mayor and City Clerk are hereby authorized to execute supplemental indenture(s), letters of instructions and fund exchange agreement(s) in conjunction with the issuance of the single family mortgage revenue bonds to refund Prior Bonds in substantially the form attached hereto as Exhibits B and C. Section 4. The Mayor and City Clerk are hereby authorized to take such other action, and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the provisions of this Ordinance and to carry out, comply with and perform the duties of the City with respect to the Cooperation Agreement and other documents referred to in this Ordinance all as necessary to carry out and give effect to the transactions contemplated by this Ordinance. Section 5. This ordinance shall be effective upon adoption and publication in the official city newspaper. [SEAL] ATTEST: 1 Robert K. Biles, City Clerk iJ Introduced: October 9, 1987 Passed: October 13, 1987 Stephen C. Ryan, Mayor