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94-4793 Auth Note IssueRESOLUTION NUMBER 94-4793 RESOLUTION AUTHORIZING AND DIRECTING THE ISSUANCE OF TEMPORARY NOTES OF THE CITY OF SALINA, KANSAS, IN AN AGGREGATE PRINCIPAL AMOUNT OF $580,000 FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COST OF LANDFILL IMPROVEMENTS IN THE CITY. WHEREAS, pursuant to K.S.A. 12-2101 et seq., as amended, and all other provisions of the of the State of Kansas applicable thereto, by proceedings duly had and other actions duly and legally , the City of Salina, Kansas (the "City"), is proceeding with improvements to and acquisition of )ment for the City's solid waste facility (the "Project") at an estimated total of $1,500,000, and _ WHEREAS, all legal requirements pertaining to the issuance of $1,500,000 of the City's general ob gation bonds and temporary notes for the Project have been complied with, and the City is proceeding wi contracts with respect to the Project, and WHEREAS, the City has previously issued $285,000 principal amount of its General Obligation iicipal Temporary Notes (Landfill Project), Series 1994-B, to pay a portion of the cost of the Project the City has authority to issue an additional $1,215,000 of obligations for the Project, and WHEREAS, pursuant to engineering plans and estimates, construction contracts and actions duly t in connection with the Project, it has been determined that the cost of the portion of the Project ving leachate collection will be approximately $580,000, and WHEREAS, it is necessary for the City to provide cash funds for the obligations incurred in acc liring and constructing the Project prior to the completion of the Project and the issuance of the bonds of lie City, and it is desirable and to the interest of the City that such funds be raised by the issuance of temporary notes of the City, said temporary notes to be issued by the City under and pursuant to the nrc visions of K.S.A. 10-123. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY SALINA, KANSAS, AS FOLLOWS: Section 1. For the purpose of providing funds to pay a portion of the cost of the Project inv lving leachate collection, there shall be issued and hereby is authorized to be issued municipal temporary notes of the City in the principal amount of $580,000 (the "Notes"). The Notes shall be issued as five Notes, numbered R-1 through R-6 being the principal amount of $100,000 each, except for one not in the amount of $80,000, shall be designated Municipal Temporary Notes (Landfill Project), Series 1994-4, and shall be in the form hereinafter set forth. The Notes shall be dated October 1, 1994, shall become due December 31, 1995, shall bear interest from October 1, 1994, at the rate of 4.60% per anr am payable at maturity and shall be redeemable at the option of the City prior to maturity at any time at t ie principal amount thereof plus accrued interest to the date of payment, without premium, on not less tha forty-five days' notice to the State Treasurer of Kansas and thirty days' written notice given by first cla mail sent to the original purchaser of the Notes. Section 2. Upon the execution and registration of the Notes, they shall be delivered and held in General Fund of the City upon payment by United Missouri Bank, N.A. Kansas City, Missouri, of purchase price therefor. Section 3. The City Clerk shall keep the note registration books of the City on which it shall d the initial and all subsequent registered owners of the Notes and all transfers thereof. The Notes be transferred on such registration books as specified in the form of Note set forth in Section 4. Section 4. The Notes shall be issued in certificated form in substantially the form set forth in Section subject to such changes and variations as may be required to comply with the Kansas Bond istration Law, K.S.A. 10-620 to 10-632, inclusive, and the rules and regulations appertaining thereto lished in the Kansas Register by the Attorney General of the State of Kansas. The certificated Notes have endorsed thereon such legends or test as may be necessary or appropriate to conform to any .icable rules and regulations of any governmental authority or any custom, usage or requirement of with respect thereto. UNITED STATES OF AMERICA STATE OF KANSAS, CITY OF SALINA MUNICIPAL TEMPORARY NOTE (LANDFILL PROJECT), SERIES 1994-4 Interest Rate Maturity Date Note Date 4.60% December 31, 1995 October 1, 1994 ISTERED HOLDER: AL AMOUNT: THE CITY OF SALINA, KANSAS (the "City"), for value received, hereby promises to pay to th Registered Holder identified above or registered assigns, on the Maturity Date identified above, unless ca ed for redemption prior to maturity, the Principal Amount identified above and to pay interest thereon on the Maturity Date at the Interest Rate specified above from the Note Date identified above. Both pr�he cipal and interest are payable to the bearer hereof upon presentation and surrender hereof at the office of City Treasurer in the City of Salina, Kansas. THE CITY hereby reserves the right to redeem and pay this Note prior to its maturity at any time ata principal amount thereof plus accrued interest to date of payment, without premium, provided the Ci shall give not less than thirty days' written notice of its intent to pay this Note, such notice to be —" gin by first class mail sent to the original purchaser of this Note. THIS TEMPORARY NOTE is one of a series of temporary notes of the City issued for the pu ose of providing funds to pay the cost of improvements to and acquisition of equipment for the City's sol d waste facility (the "Project"), the Project having been duly and regularly authorized by the go erning body of the City. The Project is to be paid for in whole or in part by the issuance of bonds of he City and is being made under, and this Note is being issued under, the authority of and in full npliance with the provisions, restrictions and limitations of the constitution and statutes of the State Kansas, K.S.A. 12-2101 et seq. and 10-123, and all other provisions of the laws of said State >licable thereto. This Note and all interest thereon are to be paid by the City. THIS NOTE is transferable only in the Note Register at the office of the City Clerk of the City (hI reinafter referenced as the Note Registrar when acting in that capacity) upon surrender of this Note to the Note Registrar duly endorsed for transfer or accompanied by a written instrument of transfer satisfactory to the Note Registrar duly executed by the registered owner hereof or his attorney or legal re resentative and thereupon a new Note in the same aggregate principal amount shall be issued to the tri4sferee in exchange therefor. THIS NOTE shall not be valid or become obligatory for any purpose or be entitled to any or benefit under the Resolution of the City authorizing the issuance of this Note until the ite of Registration hereon shall have been dated and executed by the City Clerk. IT IS HEREBY DECLARED AND CERTIFIED that all acts, conditions and things required to be ione and to exist precedent to and in the issuing of this Note have been properly done and performed an do exist in regular and due form as required by the constitution and laws of the State of Kansas, and thd the total indebtedness of the City, including this Note, does not exceed any constitutional or statutory li itation. IN WITNESS WHEREOF, the City of Salina, Kansas, has caused this Note to be signed by its officers and its corporate seal to be affixed, and the same to be dated as of October 1, 1994. [S4AL] /:7 City Clerk COUNTERSIGNATURE CERTIFICATE Mayor This Temporary Note shall not be negotiable unless and until countersigned below following re stration by the Treasurer of the State of Kansas. Countersignature Date: [S] 3 City Clerk CITY CLERK'S CERTIFICATE S ATE OF KANSAS ) SS. C UNTY OF SALINE ) [SEAL] I, the undersigned, City Clerk of the City of Salina, Kansas, hereby certify that the within ary Note of the City of Salina, Kansas, has been duly registered in my office according to law. WITNESS my hand and official seal this September 12, 1994. STATE TREASURER'S CERTIFICATE City Clerk I, Sally Thompson, Treasurer of the State of Kansas, hereby certify that a full and complete pt of the proceedings leading up to the issuance of this Temporary Note has been filed in my and that this Temporary Note was registered in my office according to law this WITNESS my hand and official seal. 4 Treasurer of the State of Kansas M. Assistant State Treasurer ASSIGNMENT FOR VALUE RECEIVED the undersigned does (do) hereby sell, assign and transfer to (Name and Address) (Social Security or Taxpayer Identifying Number) note to which this assignment is affixed in the outstanding principal amount of $ , standing he name of the undersigned on the books of the City Clerk of Salina, Kansas. The undersigned does ) hereby revocably constitute and appoint attorney to transfer the said bond to the ,stitution in the premises. Section 5. The Notes shall be executed by the Mayor and City Clerk and the Seal of the City 1 be affixed thereto, and after such execution and the registration of the Notes by the City Clerk and he State Treasurer, shall be countersigned by the City Clerk and shall be delivered to United Missouri k, N.A., Kansas City, Missouri, the purchaser thereof, upon receipt of the purchase price therefor, price to be equal to the principal amount of the Notes plus accrued interest, if any, thereon. In the it any officer whose signature appears on the Notes shall cease to be such officer before the delivery ach Notes, such signature shall nevertheless be valid and sufficient for all purposes, the same as if t person had remained in office until delivery. The proceeds of the Notes will be deposited in a ect fund for the Notes and used to pay the cost of the Project. Section 6. (a) The City covenants and agrees that (1) it will comply with all applicable prt visions of the Code, including Sections 103 and 141 through 150, necessary to maintain the exclusion from federal gross income of the interest on the Notes, and (2) it will not use or permit the use of any pr ceeds of Notes or any other funds of the City, nor take or permit any other action, or fail to take any acon, which would adversely affect the exclusion from federal gross income of the interest on the Notes. Tl City will also adopt such other ordinances or resolutions and take such other actions as may be ne essary to comply with the Code and with other applicable future law, in order to ensure that the ;rest on the Notes will remain excluded from federal gross income, to the extent any such actions can taken by the City. (b) The City covenants and agrees that (1) it will use the proceeds of the Notes as soon as cticable and with all reasonable dispatch for the purposes for which the Notes are issued, and (2) it 1 not invest or directly or indirectly use or permit the use of any proceeds of the Notes or any other ds of the City in any manner, or take or omit to take any action, that would cause the Notes to be bitrage bonds" within the meaning of Section 148(a) of the Code. (c) The City covenants and agrees that it will pay or provide for the payment from time to of all rebatable arbitrage to the United States pursuant to Section 148(f) of the Code and the itrage Instructions prepared by bond counsel. This covenant shall survive payment in full or ;asance of the Notes. The Arbitrage Instructions may be amended or replaced if, in the opinion of asel nationally recognized on the subject of municipal bonds, such amendment or replacement will adversely affect the exclusion from federal gross income of the interest on the Notes. (d) The City covenants and agrees that it will not use any portion of the proceeds of the N es, including any investment income earned on such proceeds, directly or indirectly, (1) in a manner th would cause any Note to be a "private activity bond" within the meaning of Section 141(a) of the C e, or (2) to make or finance a loan to any Person. (e) The City expects that more than 75 % of the proceeds of the Notes will be expended for fiction" as that term is used in Section 148(f)(4)(C)(iv) of the Code. 0 I [SV:ALj A' Adopted by the Board of Commissioners and signed by the Mayor this 12th day of September, Clerk 7 0�10- Mayor