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81-8839 GO Bonds1 ORDINANCE NO. 81-1839 OF THE CITY OF SALINA, KANSAS PASSED FEBRUARY 11, 1981 ---------------------------------- 5836,000 INTERNAL IMPROVEMENT BONDS SERIES P-228 DATED MARCH 1, 1981 (PUBLISHED a. __ 7 —, 1981) ORDINANCE NO. 8] -839 AN ORDINANCE AUTHORIZING AND DIRECTING THE ISSUANCE, SALE AND DELIVERY OF $836,000 PRINCIPAL AMOUNT OF INTERNAL IMPROVEMENT BONDS, SERIES P-228, OF THE CITY OF SALINA, KANSAS, FIR THF PUR- POSE OF PROVIDING FUNDS TO PAY THE COST OF CONSTRUCTION OF STORM SEWERS, WATER ?MAINS, SANITARY SEWERS AND STREET IMPROVEMENTS; PRE- SCRIBING THE FORM AND DETAILS OF SAID BONDS; AND PROVIDING FOR THE LEVY AND COLLECTION OF THE NECESSARY ASSESSMENTS AND TAXES FOR THE PURPOSE OF PAYING THE PRINCIPAL OF AND INTEREST ON SAID BONDS AS THE SAME BECOME DUE. WI;SRF.AS, pursuant to K.S.A. 12-6a61 et seq, and other provisions of the lays of the State of Kansas applicable thereto, by proceedings duly had, the governing body of the City of Salina, Kansas (herein called the "City"), has proceeded with construction of storm severs, water mains, sanitary sewers and street improvements, said improvements being more fully identified as Project 79-654 (Street and Utility Improvements), Project 79-655 (Street and Utility Improvements), Project 8R -659 (Street Improvements) and Project 80-663 (Street Improvements). WHEREAS, all legal requirements pertaining to said im- provements have been complied With, and the governing body of the City now, finds and determines that the total costs of said im- provements and related expenses are $1,009,099.08, part of said costs to be paid by the City at large and part to be paid by special assessments against the property benefited, which have been duly levied and assessed against the lots, pieces and parcels f land liable for the special assessments for said improvements; and WHEREAS, the owners of said lots, pieces and parcels of and liable for special assessments as aforesaid, within the eriod specified, have paid $173,099.08 in cash on account of said pecial assessments, leaving the balance of the total cost of said mprovements, to wit, the sum of $836,000, as the cost of said improvements to be paid by the issuance of bonds of the City; and WHEREAS, the governing body of the City is authorized by law to issue general obligation bonds of the Citp to pay the npaid costs of said improvements; and WKEREAS, the governing body of the City has heretofore dvertised the sale of said bonds in accordance with law and warded the sale of said bonds to the lowest bidder; and WHEREAS, the governing body of the City now deems and inds it necessary to authorize the issuance of said bonds for de- livery to the purchaser; NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF HE CITY OF SALINA, KANSAS, AS FOLLOWS: ' ��.�#..i�Il_I • �ui�i?.�3 Qn Q�_�Il�S�1LL�Y_�L�g_BQdlds. For the purpose of providing funds to pay the cost of construction of storm severs, Water mains, sanitary sewers and street improvements, there shall be issued and are hereby authorized and directed to be issued the Internal Improvement Bonds, Series -228, of the City in the principal amount of $836,000 (herein called the "Bonds"). The Bonds shall be payable as to both principal and in- terest from ad valorem taxes which may be levied without limita- tion 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 are hereby ir- revocably pledged for the prompt payment of the Bonds and the in- terest thereon as the same become due. Se=2n-2. Des cr ; on�g-f_1-41 Desi Desi!2=12-0_21 vino Aaent. The Bonds shall consist of negotiable coupon Bonds, numbered from 1 consecutively upward, Bond numbered 1 being in the denomination of $1,000 and the remainder of the Bonds beins in the denomination of $5,000 each. All of the Bonds shall be dated March 1, 1981, shall become due serially on March 1 in the respective years, without option of prior payment, and shall bear interest from their date at the respective rates per annum, as follows: PRINCIPAL INTEREST XU$ COUNT__ �RAZE_ 1982 $71,000 8.00% 1983 85,000 8.00% 1984 85,000 8.00% 1985 85,000 8.00% 1986 R5,000 8.00% 1987 85,000 7.50% 1988 85,000 7.50% 1989 85,000 7.60% 1990 85,000 7.70% 1991 85,000 7.80% Interest on the Bonds at the rates aforesaid shall be payable semiannually on March 1 and September 1 in each year, be - inning on March 1, 1982. Both principal of and interest on the Bonds shall be payable at the office of the State Treasurer, in he City of Topeka, Kansas (herein called the "Paying Agent"). e=on 3 • Redem 1341L2f.-$2adPr o to-v1L=1Jt1, The Bonds shall not be subject to redemption prior to their respective dates of maturity set forth in Section 2. -2- Sec112.0 4. !!&t14A_5f_. ecutj2 _2f_the.B0Il1Z• Each of the Bonds shall bear the manual or facsimile signature of the Mayor, shall be attested by the manual or facsimile signature of the City Clerk and shall have the seal of the City affixed thereto or imprinted thereon. Interest coupons shall be attached to the Bonds representing the interest thereon, which interest coupons shall bear the facsimile signatures of the Mayor and City Clerk of the City. Section 5. ,Form 0-Bo_Di,. Each of the Bonds and the certificates and interest coupons affixed or annexed thereto shall be in substantially the following form: (FORM OF BOND) -3- NO. UNITED STATES OF AMERICA STATE OF KANSAS COUNTY OF SALINE CITY OF SALINA INTERNAL IMPROVEMENT BOND SERIES P-228 THE CITY OF SALINA, SALINE COUNTY, KANSAS (herein called he "City"), for value received, hereby acknowledges itself to be indebted and promises to pay to the bearer the sum of THOUSAND DOLLARS n the first day of March, 19_, and to pay interest thereon from 'he date hereof at the rate of percent (_ R) per annum, ayable semiannually on March 1 and September 1 in each year, be - inning on Match 1, 1982, until said principal sum shall have been ' aid, upon presentation and surrender of the interest coupons ereto annexed as said coupons severally become due. Both princi- ' al of and interest on this Bond shall be payable in lawful money f the United States of America at the office of the State reasurer in the City of Topeka, Kansas (the "Paying Agent"). The ull faith, credit and resources of the City are hereby ir- evocably pledged for the prompt payment of the principal of and nterest on this Bond as the same become due. THIS BOND is one of an authorized series of negotiable oupon Bonds of the City numbered from 1 consecutively upward, esignated "Internal Improvement Bonds, Series P-228," of like ate and tenor, excepting number, denomination, interest rate, and aturity, aggregating the principal amount of $836,000 (herein alled the "Bonds"), issued by the City for the purpose of provid- -3- ri ing funds to pay the cost of construction of storm sewers, water mains, sanitary severs and street improvements, under the author- ity of and in conformity with the provisions, restrictions and limitations of the constitution and laws of the State of Kansas, including K.S.A. 10-101 to 10-132, inclusive, K.S.A. 12-6aQ1 to 12-6a17, inclusive, and all laws amendatory thereof and supplemen- tal thereto. IT IS HEREBY DECLARED AND CERTIFIED that all acts, con- ditions and things required to be done and to exist precedent to and in the issuance of this Bond have been done and performed and do exist in due and regular form and manner as required by the constitution and laws of the State of Kansas and that the total indebtedness of the City, including this Bond and the series of which it is one, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the governing body of the City of Salina, Kansas, has caused this Bond to be signed by the facsimile signature of its Mayor, attested by the facsimile signature of its City Clerk, its corporate seal to be affixed hereto or imprinted hereon, the interest coupons attached hereto to be executed with the -facsimile signatures of said officers and this Bond to be dated this first day of "larch, 1901. ATTEST: (facsimile) City Clerk -4- acsimile)__' Mayor (FORM OF COUPON) (First coupon due March 1, 1982) THE CITY OF SALINA, KANSAS, promises to pay to the bearer the amount shown hereon in lawful money of the United States of America, at the office of the STATE TREASURER, Topeka, Kansas, being interest due on that date on its INTERNAL IMPROVEMENT BOND, SERIES P-228, dated March 1, 1981. Mayor ATTEST: City Clerk On 1, 19 ----------------- Bond No. Coupon No. Re4istration No. 1-0381-D85-013 ------------------------------------------------------------------ (FORM OF CLERK'S CERTIFICATE) TATE OF KANSAS ) ) SS. OUNTY OF SALINE ) I, the undersigned, City Clerk of the City of Salina, ansas, hereby certify that the within Bond has been duly regis- ered in my office according to law•. WITNESS my hand and official seal this M7C City Clerk (F3RM OF STATE TREASURER'S CERTIFICATE) OFFICE OF THE STATE TREA. U ER,_TS ATE OF KANSAS I, Joan Finney, Treasurer of the State of Kansas, do hereby certify that a full and complete transcript of the pro- ceedings leading up to the issuance of the within Bond has been filed in my office, and that this Bond and the coupons attached thereto were duly registered in my office according to law this WITNESS my hand and official seal. State Treasurer of Kansas By_____ Assistant State Treasurer -------------------------------------------------------------------j----� 912=122 6- EX2=10n ajLd Delivery of the_BQIIda- The Mayor and City Clerk are hereby authorized and directed to prepare and execute the Bonds in the manner hereinbefore specified, to cause said Bonds to be registered in the office of the City Clerk nd in the office of the State Treasurer of Kansas as provided by law and, when duly executed and registered, to deliver said Bonds to ____!Lt�111_�.C.41 G� � _ , the original purchaser hereof, on payment of the purchase price. Section 7. 21A292M_Qf Bond p=QceedZ. All accrued nterest and premium, if any, received from the sale of the Bonds hall be deposited in the general obligation bond fund. The balance of the proceeds derived from the sale of the Bonds shall be deposited in the City treasury and shall be used and expended solely for the purpose of paying the cost of the improvements hereinbefore described. q1s on g - I2_vY_2II"2llectIO _2;L_AaQMA1Taxes and §sessme=. The governing body of the City shall annually make rovision for the payment of principal of and interest on the onds as the same become due by levying and collecting the ecessary taxes and assessments therefor in the manner provided by aw, ■ 1 !Leoff•T_ �of_F �s Y�D� A3e� The Treasurer of the City is hereby authorized and directed to with- draw from the general obligation bond fund and forward to the Paying Agent sums sufficient to pay both principal of and interest on the Bonds as and when the same become due, and also to pay the charges of the Paying Agent for acting as fiscal agent in the pay- ment of said principal and interest, and said charges shall be forwarded to the Paying Agent over and above the amount of the Principal of and interest an the Bonds,. Section 10. Effect ve_2jta,. This Ordinance shall take effect and be in full force from and after its publication in the official City newspaper. PASSED by the Governing Body of the City of Salina, Kansas, this 21rd day of February, 1981. APPROVED: [SEAL] Mayor ,TTEST: City clerk'A -7-