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7012 IRB Community InnCONSOLIDATED-SALINA 1 d /-7) l R ^7 ORDINANCE NO. -_ 7 AN ORDINANCE AUTHORIZING THE CITY OF SALINA, KANSAS, TO PURCHASE AND ACQUIRE A BUILDING, IMPROVEMENTS, FIXTURES AND EQUIPMENT TO BE USED FOR COMMERCIAL FACILITIES; AUTHORIZING AND DIRECTING THE ISSUANCE OF $900,000 PRINCIPAL AMOUNT OF SALINA, KANSAS, COM- MUNITY INN AND CONVENTION CENTER REVENUE BONDS OF 1967, SERIES A, OF SAID CITY FOR THE PURPOSE OF PUR- CHASING AND ACQUIRING A BUILDING, IMPROVEMENTS, FIXTURES AND EQUIPMENT TO BE USED FOR COMMERCIAL FACILITIES. WHEREAS, the City of Salina, Kansas, a city of the first class, hereinafter sometimes referred to as the "City", desires to promote, stimulate and develop the general economic welfare and prosperity of the City of Salina, Kansas, and its environs and thereby to further promote, stimulate and develop the general economic welfare and prosperity of the State of Kansas. WHEREAS, pursuant to the provisions of K.S.A. 12-1740 to 12-17+9, said City is authorized to issue industrial revenue bonds of the City, and it is hereby found and determined to be advisable and in the interest and for the welfare of the City and its inhabitants that industrial revenue bonds of the City in the principal amount of $900,000 be authorized and issued, for the purpose of providing funds to pay the cost of purchasing and ac- quiring a building, improvements, fixtures and equipment to be used for commercial facilities to be leased to Salina Community Inn of America, Inc., a Kansas corporation, hereinafter sometimes referred to as the "Company", the proceeds of said Series A Bonds to be used for said purpose in conjunction with an issue of $600,000 principal amount of Salina, Kansas, Community Inn and Convention Center Revenue Bonds of 1907, Series B, and funds other - August 17, 1967 CONSOLIDATED-SALINA 1 1 wise made available for said purpose, and WHEREAS, the City has acquired prior to the issuance of the bonds herein authorized the real property hereinafter described. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SALINA, KANSAS: SECTION 1. That the City of Salina, Kansas, is hereby authorized to purchase and acquire a building, improvements, fixtures and equipment to be used for commercial facilities on the following described real property, to wit: A tract of land lying in the Stat 1/4 of Section 12 and the NW 1/4 of Section 13, Township 14 South, Range 3 West of the 6th Principal Meridian, Saline County, Kansas. This tract of land includes all portions of Lots 84, 86, 88, 90, 92, 94, 96, 98 on Fourth Street and Lots 91, 93, 95, 97, 99, 101, 103, 105, 107 on Fifth Street and a portion of Lots 100, 102, 104, 106, and 108 on Fourth Street and Lot 89 on Fifth Street in the City of Salina, according; to the recorded plat thereof, in Saline County, Kansas, bounded and described as follows: Beginning at the Southwest corner of Lot 107 and assuming the east property line of Fifth Street bears N 00 00' 00" E. (1) Thence N 00 00' 00" E along the east property line of Fifth Street a distance of 478.19 feet. (2) Thence N 900 00' 00" E a distance of 130.69 feet. (3) Thence N 00 00' 49" E a distance of 175.56 feet. (4) Thence S 890 591 22" E a distance of 119.20 feet. (5) Thence S 00 00' 38" E along West property line of Fourth Street a distance of 444.32 feet. (6) Thence S 120 30' 16" W on a line parallel with and 8.5 feet distance northwesterly, measured at right angles, from the center line of the main track of the McPherson Branch of the Union Pacific Railroad Company as now constructed and operated a distance of 73.01 feet. (7) Thence southwesterly, along a line curving to the left, having a radius of 938.07 feet and which is concentric with and 8.5 feet distance northwesterly, measured radially, from said center line of main track of McPherson Branch, a distance of 141.36 feet to the north property line of Iron Avenue. (8) Thence N 890 51' 14" W along_; the north property line of Iron Avenue a distance of 206.01 feet to the point of beginning. Containing 3.1 acres more or less. said real estate and building and any other improvements, fixtures and equipment relating thereto being; sometimes hereinafter described as the "Facility" in accordance with the provisions of the Lease dated -2- CONSOLIDATED-SALINA C u 1 July 1, 1967, between said City and said Salina Community Inn of America, Inc., hereinafter sometimes referred to as the "Lease", said Lease being authorized by the provisions of Ordinance No. O_ yt of said City (said Facility being referred to in the Lease as the "Project"), the cost of purchasing and acquiring the building, Improvements, fixtures and equipment located on the above described real estate not to exceed the cost of $900,000 to said City. SECTION 2. That for the purpose of purchasing and acquiring a building, improvements, fixtures and equipment to be used for commercial facilities to be leased to Salina Community Inn of America, Inc., a Kansas corporation, there shall be issued and hereby are authorized and directed to be issued a series of Salina, Kansas, Community Inn and Convention Center Revenue Bonds of 1967, Series A, of the City of Salina, Kansas, in the principal amount of $900,000. Said bonds herein authorized, hereinafter sometimes referred to as the "bonds" or the "revenue bonds", and all interest thereon shall be paid solely from the money and revenue received from the fees charged and rental received for the use of the Facility and not from any other fund or source. The City hereby pledges the Facility and said rentals, income and other moneys to the payment of the bonds and the interest thereon. SECTION 3. Said Revenue Bonds of 1967, Series A, of the City of Salina, Kansas, shall consist of 180 bonds, numbered from 1 to 180, inclusive, each of said bonds being in the denomination of $5,000. All of said bonds shall be dated July 1, 1967, and said bonds shall become due on July 1, 1970 and bear interest at the rate of five and one-quarter per cent (5 1/4%)per annum. Said bonds shall bear interest from January 1, 1968, payable July 1, 1968, and thereafter semiannually on January 1 and July 1 in each year, at the rate hereinabove specified. Bonds numbered 1 to 1802 inclusive, shall be subject to redemption and payment in whole or in part, in numerical order as hereinafter provided and from moneys that may be available for -3- CONSOLIDATED-SALINA 1 1 such purpose, on January 1, 1968, or on any interest payment date thereafter, at the par value thereof, plus accrued interest thereon to date fixed for redemption and payment. Notice of any redemption provided for by this Ordinance shall be given by United States registered mail to the paying agent herein designated, such notice to be mailed at least 30 days prior to the date fixed for redemption and payment and specify the numbers of the bonds to be redeemed and paid. Interest shall cease on any of said bonds so called for redemption and payment as of the redemption date, provided funds are available to pay the same according to their terms. Said bonds and interest coupons to be attached thereto as hereinafter provided shall be payable in lawful mney of the United States of America at The National Bank of America at Salina, in the City of Salina, Kansas, hereinafter sometimes referred to as the "Paying Agent." SECTION 4. Said bonds and each of them shall be executed for and on behalf of the City by the facsimile signature of its Mayor and attested by the manual signature of the City Clerk, with the seal of the City affixed. Interest coupons shall be attached to said bonds representing the interest to mature thereon, and said interest coupons shall bear the facsimile signatures of the Mayor and City Clerk of said City. SECTION 5. Each of said bonds and interest coupons and the certificates attached thereto shall be in substantially the following form: No. 0 $5,000 UNITED STATES OF AMERICA STATE OF KANSAS COUNTY OF SALINE CITY OF SALINA SALINA, KANSAS, COMMUNITY INN AND CONVENTION CENTER REVENUE BOND OF 1967 SERIES A KNOW ALL MEN BY THESE PRESENTS: That the City of Salina, -4- CONSOLIDATED-SALINA �l 1 IJ in the County of Saline, State of Kansas, for value received, here- by promises to pay, out of the revenues hereinafter specified, to the bearer, the sum of FIVE THOUSAND DOLLARS in lawful money of the United States of America, on the First day of July, 1970, and to pay interest thereon from January 1, 1968 at the rate of five and one-quarter per cent (5 1/40) per annum (likewise payable out of said revenues), payable July 1, 1968, and thereafter semiannually on January 1 and July 1 in each year after the date hereof until the said principal sum shall have been paid, upon presentation and surrender of the interest coupons here- to attached, bearing the facsimile signatures of the Mayor and City Clerk of said City as said coupons severally become due, both prin- cipal of and interest on this bond being payable at The National Bank of America at Salina, in the City of Salina, Kansas. THIS BOND is one of an authorized series of 180 bonds of like date and tenor, except as to number, aggregating the principal amount of $900,000, numbered from 1 to 180, inclusive, each in the denomination of $5,000, authorized by ordinance of said City, is- sued for the purpose of providing funds to pay the cost of purchas- ing and acquiring a building, improvements, fixtures and equipment to be used for commercial facilities (hereinafter sometimes re- ferred to as the "Facility") to be leased to Salina Community Inn of America, Inc., a Kansas corporation authorized to do business in the State of Kansas, by the authority of and in conformity with the provisions, restrictions and limitations of the Constitution and Statutes of the State of Kansas, including K.S.A. 12-1740 to 12-17+9, and all amendments thereof and acts supplemental there- to, and all other provisions of the laws of said State applicable thereto, and this bond and all interest hereon are to be paid by said City of Salina, Kansas, solely and only from the money and -5- CONSOLIDATED-SALINA E 1 revenue received from the fees charged and rental received for the use of the Facility and not from any other fund or source. Pursuant to the provisions of said statute, the governing body of the City has pledged said facility and said rentals, income and other moneys to the payment of the series of bonds of which this bond is a part, and the interest thereon. Reference is hereby made to the ordinance aforesaid and to said Lease for a description of the covenants of the City with respect to the collection, segregation and application of the revenues of said Facility, the nature and extent of the security of said bonds, the right of the City to issue additional bonds to finance the Facility, the rights, duties and obligations of the City and of the Fiscal Agent with respect thereto, and the rights of the holders thereof. Each of the bonds of the series of which this bond is one may be called for redemption and payment prior to maturity, in whole or in part, in numerical order, in the manner speci- fied in the ordinance of the City authorizing said issue of bonds, on January 1, 1968, or on any interest payment date thereafter, at the par value thereof and accrued interest to date of redemp- tion. Notice of the City's intention to redeem and pay said bonds pursuant to any of the redemption provisions aforesaid, specifying the numbers of the bonds to be redeemed and paid, shall be given by United States registered mail to the Paying Agent here- in named not less than 30 days prior to the date fixed for redemp- tion and payment. AND IT IS HEREBY DECLARED AND CERTIFIED that all acts, conditions and things required to be done and to exist precedent to and in the issuance of this bond have been properly done and performed and do exist in due and regular form and manner as re - M CONSOLIDATED-SALINA F1 1 I - quired by the Constitution and laws of the State of Kansas. IN WITNESS WHEREOF, the City of Salina, Kansas, by its governing body, has caused this bond to be signed by the facsim- ile signature of its Mayor and attested by the manual signa- ture of its City Clerk, and its corporate seal to be hereto af- fixed and the interest coupons hereto attached to be signed with the facsimile signatures of said officers, and this bond to be dated this First day of July, 1967. (facsimile) Mayor ATTEST: City Clerk Coupon No. (FORM OF COUPON) All Coupons for 6 months due July 1 and January 1 $131.25 Unless previously called for prior redemp- tion and payment thereof duly made or provided July for, on the First day of January, 19 the City of Salina, Kansas, will pay bearer, solely from the money and revenue received from the fees charged and rentals received for the use of the Facility described in the bond to which this coupon is attached, and not from any other fund or source, -7- July 1, January 1, 19 City of Salina, Kansas Salina, Kansas, Community Inn and Convention Center Revenue Bond of 1967, Series A. $131.25 j CONSOLIDATED-SALINA D 1 1 Kansas, Community Inn and Convention Center Revenue Bonds of 1967, Series A, of the City, herein authorized, to the owner of the building, improvements, fixtures and equipment located on the real estate described in Section 1 of this ordinance in exchange for (i) a bill of sale conveying title to such building, improvements, fixtures and equipment to the City and (ii) cash in the amount of any accrued interest on the bonds to date of delivery. Any ac- crued interest received by the City from the sale and exchange of the bonds shall be delivered to the Fiscal Agent for use as hereinafter provided. SECTION 7. The City hereby designates The National Bank of America at Salina, in the City of Salina, Kansas, as the City's fiscal agent, herein referred to as the "Fiscal Agent." There is hereby authorized and ordered to be established in the hands of the Fiscal Agent three separate accounts, as fol- lows: (a) "Salina Community Inn of America, Inc., Revenue Account" (hereinafter referred to as the "Revenue Account.") (b) "City of Salina, Kansas, Principal and Interest Account for Salina, Kansas, Community Inn and Convention Center Revenue Bonds of 1967, Series A, Dated July 1, 1907" (hereinafter referred to as the "Principal and Interest Account for Series A Bonds.") (c) "City of Salina, Kansas, Principal and Interest Account for Salina, Kansas, Community Inn and Convention Center Revenue Bonds of 1967, Series B, Dated July 1, 1967" (hereinafter referred to as the "Principal and Interest Account for Series B Bonds.") SECTION 8. Concurrently with the issuance of said bonds the Fiscal Agent shall transfer any accrued interest received by said City from the sale of said Series A Bonds, plus such addi- tional amount from other sources as may be necessary, together M CONSOLIDATED-SALINA 1 1 1 with such accrued interest, to pay the interest becoming due on the Series A Bonds on July 1, 1968, and deposit same in "Principal and Interest Account for Series A Bonds," said deposit represent- ing interest during the construction and initial occupancy of the Facility. The Fiscal Agent shall make disbursements from funds deposited with it for payment of any expenses incurred by said City in connection with the issuance and sale of the Series A and Series B Bonds, including but not limited to underwriting ex- penses, legal fees and expenses of counsel and publication ex- penses, which expenses shall be paid by the Fiscal Agent as di- rected by the City. SECTION 9. The City covenants and agrees that from and after the delivery of the Series A Revenue Bonds herein authorized and continuing so long as any of said bonds shall remain outstand- ing, said City will maintain said accounts referred to in Section 7, hereinbefore set out. SECTION 10. As long as any of the Bonds herein autho- rized remain outstanding and unpaid, Salina Community Inn of America, Inc., shall deposit with the Fiscal Agent in the "Revenue Account" as hereinbefore provided, monthly, beginning on the 10th ,.day of the month following the date the project is put into opera- tion, but in no case later than June 10, 1968, and on the 10th day of each month thereafter (a) one-sixth of the amount of inter- est becoming due on the Series A and Series B Bonds bn the next succeeding interest payment date as required under ExhibitsC and D hereto and under Article II of the Lease; (b) such additional amounts as may be necessary to pay the principal of the Series A and Series B Bonds when the same becomes due as set forth in ExhibitsC and D hereto; and (c) such additional amounts as may constitute additional rent as provided for in Article II of said Lease. Additionally, Salina Community Inn of America, Inc. shall, -10- 0 CONSOLIDATED-SALINA 1 1 1 after paying all expenses of operating and maintaining the Project and making the payme:its provided for by this Ordinance and Exhibits C and D hereto, on the tenth day of each month, beginning on the tenth day of the month following the date the Project is put into operation, deposit all remaining net revenues derived from the operation of the Project into the Revenue Account maintained with the Fiscal Agent. The Fiscal Agent shall apply and allocate these funds immediately upon receipt of same from Salina Community Inn of America, Inc., as long as any of the Revenue Bonds herein autho- rized remain outstanding and unpaid, as follows: (a) There shall first be credited to and deposited in the "Principal and Interest Account for Series A Bonds," as here- inbefore established, all moneys due under Exhibit C to said Lease. (b) There shall next be credited to and deposited in the "Principal and Interest Account for Series B Bonds," as here- inbefore provided, all moneys due under Exhibit D to said Lease. The City's obligations to make payments to said Principal and Interest Account for Series B Bonds shall be junior and subordinate in all respects to the City's obligation to make the payments pro- vided for in subparagraph (a) above. (c) There shall next be credited to and deposited in the Principal and Interest Account for Series A Bonds and the Principal and Interest Account for Series B Bonds, as hereinbefore provided, all remaining uncredited and unallocated funds held in the Revenue Account by the Fiscal Agent who shall divide such sums between the Series A and Series B Principal and Interest Accounts, respectively, in proportion to the total principal amount of Series A and Series B Bonds, respectively, then outstanding. All amounts credited to and deposited in said "Principal and Interest Account for Series A Bonds" (Sub -Paragraph (a) above) -11- r— CONSOLIDATED -SALIVA 7 - C 1 shall be expended and used for the sole purpose of paying the principal of and interest on said Bonds herein authorized as the same become due. All moneys credited to and deposited in said "Principal and Interest Account for Series B Bonds" (Sub -Paragraph (b) above) shall be expended and used solely for the purpose of paying interest on and principal of said Series B Bonds in manner provided for by the ordinance authorizing said Bonds. SECTION 11. When moneys accumulated in Principal and Interest Account for Series A Bonds, shall aggregate an amount sufficient to pay the principal of all of said Series A revenue bonds then outstanding, and all interest accrued to date fixed for redemption and payment, together with the premium, if any, required to pay the same upon call for redemption and payment, and when said bonds become subject to redemption, said City shall pro- ceed to give notice of such redemption in the manner herein speci- fied, and said Fiscal Agent, as Paying Agent, shall use moneys in said Account for said purpose. Any balance in said account not required for said purpose shall be returned to Salina Community Inn of America, Inc. SECTION 12. Moneys allocated and credited to and de - posited in Principal and Interest Account for Series A Bonds may be invested by the Fiscal Agent, upon instructions from the Company in direct obligations of the United States Government becoming due not later than 20 days prior to the next principal and interest paying date. No investment shall be made pursuant to this Section for a period longer than the time the Fiscal Agent shall determine that said funds are not required for the purpose for which they are intended. All in- terest on any bonds or other investments held in any account authorized and established by this Ordinance shall accrue to and become a part of such account. SECTION 13. So long as any of the principal of and in- -12- CON S:}LIDATED-SALTNA 1 U terest on the revenue bonds herein authorized remain outstanding and unpaid, the City covenants with each of the purchasers and owners of said bonds as follows: (A) The City will comply fully with all the terms, pro - visions and conditions of the Lease which require performance by or impose duties on the City and that it will not permit any de- fault to occur on the part of the City; that it will fully and promptly enforce, and permit the Fiscal Agent to enforce on its behalf and on behalf of the bondholders, all of the terms, pro- visions and conditions of the Lease which require performance by, or impose duties on Salina Community Inn of America, Inc., and in the event of the occurrence of a default, as defined in the Lease, will exercise, and permit the Fiscal Agent to exercise on its behalf and on behalf of the bondholders, all rights, and remedies conferred by the Lease for the full and complete pro- tection of the security and rights of the bondholders and to the extent permitted by the Lease, will use its best efforts to pro- cure a new tenant or tenants for the leased property under lease provisions which will provide funds sufficient in amount to make the rental payments and other charges which Salina Community Inn of America, Inc. is required to make under the Lease dated July 1, 1967. If the City is unable to procure a new tenant who will enter into such a lease the City may, with the consent of the holders of not less than seventy-five per cent (75%) of the bonds herein authorized at the time outstanding, sell the Facility leased at a price not less than the amount of then outstanding revenue bonds plus interest then unpaid. (B) The City will enforce, and will permit the Fiscal Agent to enforce on its behalf and on behalf of the bondholders, collection of the rental payments and other charges in the amounts and at the times set forth in the Lease authorized hereby and will -13- CONSOLIDATED-SALINA 1 1 1 not reduce or cause or permit to be reduced the rental payments and other charges fixed, established and required by the Lease nor change or alter the time or times when the same are due and payable under said Lease. The City's obligation to pay the ex- penses of such enforcement shall be limited to funds made avail- able to it for that purpose by the bondholders or other inter- ested parties. (C) That until payment of all the bonds and interest thereon has been duly made or provided for, the City will not consent to any change, amendment, modification or termination of said Lease, except as provided therein, which will in any manner affect adversely the rights, remedies or interest of the bond- holders. (D) Any purchase price of the leased property received by the City pursuant to the termination of the Lease, any proceeds of condemnation awards, insurance proceeds or any other funds in- tended for the purpose of paying said bonds will be used first solely and exclusively to pay the bonds herein authorized and the interest thereon according to their terms or to redeem and pay any of said bonds then outstanding and unpaid and then subject to redemption and payment. Upon receipt of any such funds, if said bonds be then subject to redemption and payment, the City shall proceed promptly to call said revenue bonds for redemption and payment according to their terms and shall give notice there- of provided for by the terms of this ordinance. Such funds shall be deposited with the Fiscal Agent, and the same shall be used first solely for the payment of the revenue bonds herein autho- rized, accrued interest thereon, any premium provided for by this Ordinance and the charges of the Fiscal Agent for paying the same. (E) The City will not issue any other obligations pay- able from payments made by Salina Community Inn of America, Inc., i -1�- CONSOLID ATT D-.SALINA L] pursuant to the Lease, nor voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance, or any other charge on said payments or on the property subject to said Lease nor will it, unless required by law or by the terms of said Lease sell or otherwise dispose of the Facility or any part there- of; provided, however, that said City may issue from time to time additional revenue bonds for the purpose of extending and improv- ing the facilities financed out of the proceeds of the revenue bonds herein authorized or completing the construction or ac- quisition thereof, or constructing and equipping additional im- provements which extensions and improvements may be located on the land hereinbefore described, provided the following terms and conditions are met: (a) The City shall have entered into a lease or agree- ment with Salina Community Inn of America, Inc. with rentals or payments at least sufficient to pay the principal of and interest on said additional bonds as the same become due. (b) Salina Community Inn of America, Inc. is not in de- fault with respect to the payment of rent or with respect to any other material obligation or covenant contained in said Lease. (c) Nothing contained in this Section 13 shall prevent the City from issuing, not to exceed $600,000, principal amount of revenue bonds to finance the purchase of land described in Section 1 of this Ordinance, which bonds are to be paid out of rentals due under the Lease, provided said additional bonds are junior and subordinate in all respects to the Bonds herein autho- rized, including the payment of the principal and interest. (d) The City will cause the Company to keep constantly insured all buildings and improvements from time to time, con- stituting a part of the property and premises leased by the Com- pany, in the manner provided for by the Lease herein authorized. -15- CONSOLIDATED-SALINA J 1 1 The City's share of the proceeds of any such insurance policies shall be payable to and deposited with the Fiscal Agent as In- surance Trustee. Any of the proceeds of such policies shall be used and applied in the manner set forth in Article XX of said Lease. (e) The City will cause the Fiscal Agent to keep books and records relating to the Facility, which shall be separate and apart from all other books, records and accounts maintained for the City, in which complete and correct entries shall be made in accordance with standard principles of accounting of all trans- actions relating to the leased property and improvements and the original purchasers of the revenue bonds herein authorized, any bondholder of the bonds authorized herein, or their agents, shall have the right at all reasonable times to inspect all records, accounts and data of the City relating to the leased property and improvements. The City shall cause the Fiscal Agent, at least once a year, to compile a summary of all transactions relating to the I various accounts maintained with it relating to these Bonds and to mail a copy of such summary to the Company. SECTION 14. The provisions of the bonds authorized by this Ordinance and provisions of this Ordinance may be modified or amended at any time by the City with the written consent of the holders of not less than seventy-five per cent (75%) in aggregate principal amount of the bonds herein authorized at the time outstanding; provided, that no such modification or amend- ment shall permit or be construed as permitting: (a) The extension of the maturity of the principal of any of the bonds issued hereunder, or the extension of the maturity of any interest on any bonds issued hereunder, (b) a reduction in the principal amount of any bonds or the rate of -16- CONSOLIDATED-SALINA 1 G interest thereon, or (c) a reduction in the aggregate principal amount of bonds, the consent of the holders of which is required for any such amendment or modification. Any provision of the bonds or of this Ordinance may, however, be modified or amended in any respect with the written consent of the holders of all of the bonds then outstanding. Every amendment or modification of a provision of the bonds or of this Ordinance to which the written consent of the bondholders is given as above provided shall be expressed in an ordinance of the City amending or sup- plementing the provisions of this Ordinance and shall be deemed to be a part of this Ordinance. It shall not be necessary to note on any of the outstanding bonds any reference to such amendment or modification, if any. A certified copy of every suchanendatory or supplemental ordinance, if any, and a certified copy of this Ordinance shall always be kept on file in the office of the City Clerk and shall be made available for inspection by the holder of any bond or prospective purchaser or holder of any bond autho- rized by this Ordinance, and upon payment of the reasonable cost of preparing the same. A certified copy of any such amendatory or supplemental ordinance or of this Ordinance will be sent by the City Clerk to any such bondholder or prospective bondholder. SECTION 15. The provisions of this Ordinance shall con- stitute a contract between the City of Salina, Kansas, and the holders of the revenue bonds herein authorized, and the holder of any one or more of said bonds may sue, in any action, in mandamus, injunction, or other proceedings, either at law or in equity, to enforce or compel performance of all duties and obligations re- quired by this Ordinance to be done or performed by said City. Nothing contained in this Ordinance, shall, however, be construed to impose on said City any duty or obligations to levy any taxes either to meet any obligation contained herein or• to pay the princi- -17- CONSOLIDATED-SALINA 1 pal of or interest on the revenue bonds of the City herein authorized. SECTION 16. That the tract of land hereinbefore described and the improvements and equipment to be acquired, installed and constructed thereon shall be leased to Salina Community Inn of America, Inc., under and pursuant to a Lease dated July 1, 1967, in the form attached to this Ordinance, which Lease was authorized by Ordinance No. :(Ll:of said City and has been signed by the Mayor and City Clerk. SECTION 17. The City of Salina, Kansas, shall have the right, if it shall find it desirable, to refund any of the revenue bonds herein authorized then subject to redemption or becoming due, under the provisions of any law then available. Said bonds or any part thereof may be refunded and the refunding bonds so issued shall enjoy complete equality of pledge with any of the revenue bonds issued hereunder,v,hich are not refunded, if any there be, upon the revenues of the facility, provided, however, that if only a portion of the issue of revenue bonds herein authorized be refunded and if said bonds are refunded in such manner that the refunding bonds bear a higher rate of interest or become due on a date earlier than that of any of the bonds issued hereunder which are not refunded, then said bonds may be refunded only by and with the written consent of the holders of seventy-five per cent (75%) of the bonds herein authorized not refunded. SECTION 18. If any one or more of the covenants, agreements or provisions of this Ordinance or of said Lease dated July 1, 1967, should be held contrary to any express provision of law or contrary to the policy of express law,though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and shall in no way affect the validity of CONSOLIDATED-SALINA 1 1 [l the other provisions of this Ordinance or of the bonds or coupons issued hereunder;, or the Lease. SECTION 19. This Ordinance shall take effect and be in force from and after its passage and publication in the official City paper. PASSED by the Governing Body of the City of Salina, Kansas, this /G day of1967. C` 'Al/h Ya, v :• 10SE 0 �'; Mayo �TTESDec t s " o City Clerk \��l��F�,'�t��PPROVED by the Mayor this day of �� 3 , 1967. 4 .� 7 . O City Clerk -19- CIONSOLIDATED-SALINA 1 i EXHIBIT C Schedule of'Rent Installments Necessary for the Payment of In- terest on and Retirement of the Industrial Revenue Bonds of 1967, Series A YEAR ENDING JULY 1 AMOUNT 1968 $ 190'9 1970 CONSOLIDATED-SALINA 1 1 1 EXHIBIT D Schedule of Rent Installments Necessary for the Payment of In- terest on and Retirement of the Industrial Revenue Bonds of 1967, Series B YEAR ENDING JULY 1 AMOUNT 1968 $ 1969 1970