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6912 IRB Community Inn• �li sherd w -tic �rLa._�G�v�S�, �, C�-121.�._Q,1 lit lo(� . ORDINANCE NO. 6912 AN ORDINANCE AUTHORIZING THE CITY OF SALINA, KANSAS, TO PAY THE COST OF ACQUIRING A SITE FOR A BUILDING TO BE USED FOR COMMERCIAL FACILITIES AND AUTHORIZING AdD DIRECTING THE ISSUANCE OF $600,000 PRINCIPAL AMOUNT OF SALINA, KANSAS, COMMUNITY INN AND CONVENTION CENTER REVENUE BONDS, SERIES B, OF SAID CITY FOR THE PURPOSE OF PAYING THE COST OF ACQUIRING A SITE FOR A BUILDING TO BE USED FOR CCMMERCIAL 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, and WHEREAS, pursuant to the provisions of K.S.A. 12-1740 to 12-1749, said City is authorized to issue industrial revenue bonds of the City, and it is hereby found and determined to be ad- visable 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 $600,000 be authorized and issued, for the purpose of providing funds to pay the cost of acquiring a site for a building to be used for commercial facilities to be leased to Salina Community Inn of America, Inc., a Kansas corporation, here- inafter sometimes referred to as the "Company", the proceeds of the Bonds to be used in conjunction with an issue of $1,500,000 princi- pal amount of Salina, Kansas, Community Inn and Convention Center Revenue Bonds, Series A. dated April 1, 1966, and the sum of $900,000 otherwise made available for said purpose, and WHEREAS, the City will acquire prior to or concurrently with 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: - 4-66 Section 1. That the City of Salina, Kansas, is hereby authorized to acquire a site for a building to be used for com- mercial facilities on the following described real property, to wit: A1.1 of Lots Eighty-four (8), Eighty-six (86), Eighty-eight (88), Ninety (g0), Ninety-two (92), Ninety-four (94), Ninety-six (96) and Ninety-eight (98) on Fourth Street, in the Original Town (now City) of Salina, Saline County, Kansas. All of Lots One Hundred (100), One Hundred Two (102), One Hundred -four (10 , One Hundred -six (106) and One Hundred -eight (108), except that part taken for Railroad Right -of -Way, all on Fourth Street, in the Original Town (now City) of Salina, Saline County, Kansas. All of Lots Eighty-nine 89 , Ninety-one (91), Ninety- three (93), Ninety-five 3 Ninety-seven (97), Ninety-nine (99), One Hundred One (101), One Hundred Three (103), One Hundred -five (105) and One Hundred Seven (107), all on Fifth Street in the Original Town (now City) of Salina, in Saline County, Kansas Subject to: (i) easements, restrictions and reservations of record, and (ii) the rights of the public in that part of the aforesaid premises, if any, now lying and being in public roads and highways. said real estate and any building thereon and any other improvements relating thereto being sometimes hereinafter described as the "Facility" in accordance with the provisions of the Lease dated April 1, 1966, between said City and said Salina Community Inn of America, Inc., hereinafter sometimes referred to as -2- the "Lease", said Lease being authorized by the provisions of Ordinance No. 6911 of said City (said Facility being referred to in the Lease as the "Project"), the cost of said real property not to exceed the cost of $600,000 to said City. Section 2. That for the purpose of providing funds to pay the cost of acquiring a site for a building 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, Series B. of the City of Salina, Kansas, in the principal amount of $600,000. 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 therefrom to the payment of the bonds and the interest thereon. The bonds herein authorized are junior and subordinate in all respects, including the payment of interest and principal either at maturity or on call for redemption and payment, to the $135003000 principal amount of Salina, Kansas, Community Inn and Convention Center Revenue Bonds, Series A. dated April 1, 1966, authorized by Ordinance No. 6911 of said City, and if there shall ever be a default in the payment of principal of or interest on said Revenue Bonds, Series A. or if the City shall be in default with respect to the payment of any reserves or other payments pro- vided for by the ordinance authorizing said Series A Bonds, the City shall make no payments on account of the principal of or interest on the bonds herein authorized until all of said defaults be cured. -3- Section 3. Said Salina, Kansas,Community Inn and Conven- tion Center Revenue Bonds, Series B, of the City of Salina, Kansas, shall consist of 120 bonds, numbered from 1 to 120, inclusive, each of said bonds being in the denomination of $53000. All of said bonds shall be dated April. 1, 1966, and said bonds shall be numbered, shall become due serially on December 1 in each year and shall bear interest as follows: -4- MATURITY NUMBERS AMOUNT DECEMBER 1 INTEREST 1 - 24 $120,000 1989 5 1/4y 25 - 48 1203000 1990 5 1/4% 49 - 72 1203000 1991 5 1/4y 73 - 96 120,000 1992 5 1/4q 97 - 120 120,000 1993 5 1/4% -4- Said bonds shall bear interest from date, payable June 1, 1966 and thereafter semiannually on December 1 and June 1 in each year, at the rate hereinabove specified. Each of said bonds numbered 1 to 120, inclusive, may be called for redemption and payment at the option of said City in whole or in part, in inverse numerical order, December 1, 1988, or on any interest payment date thereafter at the par value thereof, plus accrued interest thereon to date fixed for redemption and payment, together with a premium which shall be equal to 5 1/4% of the principal amount of bonds so redeemed and paid. Each of said bonds numbered 1 to 120, inclusive, shall be subject to redemption and payment on any interest payment date upon either of the following conditions or events, provided all of said bonds are so redeemed and paid: (1) If title to, or the use for a limited period of, substantially all of the Facility subject to said Lease be condemned by any authority having the power of eminent domain; or (2) If substantially all of the im- provements and equipment constituting a part of such Facility are damaged or destroyed by fire or other casualty. In either of such events all of said bonds shall be subject to redemption and payment at the par value thereof, plus accrued interest thereon to date fixed for redemption and payment, together with a premium which shall be equal to 2 1/4% of the principal amount of bonds so redeemed and paid. None of the bonds herein authorized shall be called for redemption and payment as long as any of the Salina, Kansas, Community Inn and Convention Center Revenue Bonds, Series A, dated April 1, 1966, remain outstanding and unpaid, or provision made for the payment thereof. -5- Notice of any redemption provided for by this Ordinance shall be given by United States registered mail to the paying agent herein designated and to Almon McKinney & Dudley, Inc., in the City of Dallas, Texas, such notice to be mailed at least 30 days prior to the date fixed for redemption and payment and to 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 ac- cording to their terms. Said bonds and interest coupons to be attached thereto as hereinafter provided shall be payable in lawful money of the United States of America at Mercantile National Flank at Dallas, in the City of Dallas, Texas, 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 Mayor and attested by the City Clerk, with the seal of the City affixed. Interest coupons shall be attached to said bonds representing the interest to mature there- on, 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. UNITED STATES OF AMERICA STATE OF KANSAS COUNTY OF SALINE CITY OF SALINA SALINA, KANSAS,COMMUNITY INN AND CONVENTION CENTER REVENUE BOND, SERIES B $5,000 KNOW ALL MEN BY THESE PRESENTS; That the City of Salina, in the County of Saline, State of Kansas, for value received, hereby 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 December, 19 , and to pay interest thereon from the date here- of at the rate of five and one quarter per cent (5 1/4%) per annum, payable June 1, 1966 and thereafter semiannually on December 1 and June 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 hereto attached, bearing the facsimile signatures of the Mayor and City Clerk of said City as said coupons severally become due, both principal of and interest on this bond being payable at Mercantile National Bank at Dallas, in the City of Dallas, Texas. THIS BOND is one of an authorized series of 120 bonds of like date and tenor, except as to number and maturity, aggregating the principal amount of $600,000, numbered from 1 to 120, inclusive, each in the denomination of $5,000, authorized by ordinance of said City, issued for the purpose of providing funds to pay the cost of acquiring a site for a building to be used for commercial facilities (said site and building hereinafter sometimes referred 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 12-1749, and all amendments thereof and acts supplemental thereto, and all other provisions of the laws of said -7- 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 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 therefrom 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 collec- tion, segregation and application of the revenues of said Facility, the nature and extent of the security of said bonds, the rights 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. At the option of the City, bonds numbered 1 to 120, inclusive, of the series of bonds of which this bond is one, may be called for redemption and payment prior to maturity, in whole or in part, in inverse numerical order, on December 1, 1988, or on any interest payment date thereafter, at the par value thereof and accrued interest to date of redemption, together with a premium which shall be equal to one year's interest on the bonds so redeemed and paid. Each of the bonds of the series of which this bond is one is subject to redemption and payment prior to maturity at any time upon any of the following conditions or events, pro- vided all of said bonds are so redeemed and paid; (1) If title to, or the use for a limited period of, substantially all of the Facility leased to said tenant be condemned by any authority hav- ing the power of eminent domain, or (2) If substantially all of the improvements and equipment constituting a part of such Facil- ity be damaged or destroyed by fire or other casualty. In any o -n such events said bonds shad be subject to redemption and pay- ment at the par value thereof, plus accrued interest thereon to date of redemption, together with a premium of 2 1/4% of the principal amount of bonds so called `'or redemption and payment. None of the series of bondj of which this bond is one shall be called for redemption and payment as long as any of the Salina, Kansas, Community Inn and Convention Center Revenue Bonds, Series A, Dated April 1, 1966, remain outstanding and unpaid or provision made for the payment thereof. 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 herein named not less than 30 days prior to the date fixed for redemption and payment and as otherwise provided in the bond ordinance. This bond and the series of which it is one are junior and subordinate in all respects, including the payment of prin- cipal and interest, to an issue of Salina, Kansas, Community Inn and Convention Center Revenue Bonds, Series h, dated April 1, 1566, in the principal amount of $1,500,000, and if there shall be any default in the payment of the principal of or interest in said bonds, no payment of the principal of or interest on this bond and the series of which it is one, until all such defaults be cured. - -g- 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 required 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 its Mayor and attested by its City Clerk, and its corporate seal to be hereto affixed 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 April, 1966. ATTEST: City Clerk -10- Mayor (FORM OF COUPON) Coupon No. First Coupon for 2 All other coupons for months from April 1, 6 months due June 1 1966 due June 1, 1966 and December 1 3.75 1131.25 Unless previously called for prior redemption and payment thereof duly made or pro- vided for, on the First day of December, 19 the City of Salina, Kansas, will pay bearer, solely from the money and revenue 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, Dollars, in lawful money of the United States of America, at Mercantile National Bank at Dallas in the City of Dallas, Texas, being interest due on its Salina, Kansas, Community Inn and Convention Center Revenue Bond, Series B, dated April 1, 1966, No. ATTEST: City Clerk Mayor -11- June 1, December 1, 19 ---------------- City of Salina Kansas Salina, Kansas, Community Inn and Convention Center Revenue Bond Series B ------------------ STATE OF KANSAS SS. COUNTY OF SALINE I, the undersigned, City Clerk of the City of Salina, Kansas, hereby certify that the within Bond of the City of Salina, Kansas, has been duly registered in my office according to law. WITNESS my hand and official seal this day of , 1966. City Clerk Section 6. The Mayor and City Clerk are hereby authorized and directed to prepare and execute in the manner hereinbefore specified the Salina, Kansas, Community Inn and Convention Center Revenue Bonds, Series B, of the City herein authorized, and to deliver said bonds to the purchaser thereof, on payment of the purchase price which shall be deposited with the Fiscal Agent. Section 7. There is hereby authorized and ordered to be established in the hands of Mercantile National Bank at Dallas, in the City of Dallas, Texas, hereby designated as the City's fiscal agent, and hereinafter referred to as the "Fiscal Agent", a separate fund or account designated as the "Salina Community Inn of America, Inc. Site Acquisition Fund," hereinafter referred to as the "Site Acquisition Fund." The proceeds from the sale of said bonds shall be deposited in said Fund. The City further designates Planters State Bank in the City of Salina as its Co - Fiscal. Agent, hereinafter referred to as the Co --Fiscal Agent. Section 8. Concurrently with the issuance of said bonds the Fiscal Agent shall withdraw from said Site Acquisition Fund -12- any accrued interest received by said City from the sale of said Series B bonds, plus some additional amount of the proceeds from the sale of the Series A Bonds as provided by Section 8 of Ordinance No. 6911 of said City to pay the interest becoming due on the Series B Bonds on June 1 and December 1, 1966, June 1 and December 1, 1967 and June 1, 1968, and deposit the same in the "City of Salina,Kansas, Principal and Interest Account for Salina, Kansas, Community Inn and Convention Center Revenue Bonds, Series B, dated April 1, 1966," hereinafter created. Section 9. The Fiscal Agent shall make disbursements from said Site Acquisition Fund for the acquisition of the site in accord- ance with the terms and provisions of the lease dated April 1, 1966, between said City and said Salina Community Inn of America, Inc. authorized by the provisions of said Ordinance No. 6911. Section 10. There is hereby authorized and ordered to be established in the hands of the Fiscal Agent a separate account to be known as the "City of Salina, Kansas, Principal and Interest Ac- count for Salina, Kansas, Community Inn and Convention Center Reve- nue Bonds, Series B, dated April 1, 1966," hereinafter referred to as the "Principal and Interest Account for Series B Bonds". The City covenants and agrees that from and after the delivery of any of the revenue bonds herein authorized and continuing so long as any of said bonds shall remain outstanding, said City will maintain said account with the Fiscal Agent. All moneys due under Exhibit E of said lease shall be paid to and deposited monthly in the Revenue Account maintained at Planters State Bank, Salina, Kansas, Co -Fiscal Agent and said Co - Fiscal Agent shall transmit such funds to Mercantile National Bank at Dallas, the Fiscal Agent, as provided by Section 10 of Ordinance No. 6911 and shall be used by said Fiscal Agent to pay the principal of and interest on the bonds herein authorized as the same become due; PROVIDED, HOWEVER, that on June 1 and December 1 in each year the Fiscal Agent shall make no payments of principal or interest -13- on the bona of Series B authorized by this ordinance unless it has on hand sufficient funds to pay said Salina Community Inn and Conven- tion Center Revenue Bonds, Series A. and the interest thereon, and to make the deposits into the Reserve Account for Series A Bonds and the Replacement and Maintenance Account created by subparagraphs (b) and (c) of Section 10 of Ordinance No. 6g11 . Section 11. When moneys accumulated in Principal and Interest Account for Series B Bonds shall aggregate an amount suf- ficient to pay the principal of all of said revenue bonds then outstanding, and all interest accrued to date fixed for redemption and payment, together with the premium required to pay the same upon call for redemption and payment, and when said bonds become subject to redemption, said City shall proceed to give notice of such redemption in the manner herein specified, and the Fiscal Agent shall transfer the necessary funds in said Account to the Paying Agent for said purpose. Any balance in said accounts not required for said purpose shall be returned to Salina Community Inn of America, Inc. ti Section 12. Moneys in the Salina Community Inn of Amer- ica, Inc. Site Acquisition Fund shall, upon instructions from the Company, be invested by the Fiscal Agent in direct obligations of the United States Government becoming due within three months from the date of purchase. Moneys allocated and credited to and de- posited in the Principal and Interest Account for Series B Bonds in any amount in excess of the amount necessary to pay the amount of principal and interest next becoming due shall be invested by the Co -Fiscal Agent, upon instructions from the Company, if at the time permitted by law, in bonds or other direct obligations of the United States Government or agencies thereof having a fixed re- demption value or becoming due without loss of principal not later than December 1, 1988. No investment shall be made pursuant to this section for a period longer than the time the Fiscal Agent or Co- -14- Fiscal Agent shall determine that said funds are not required for the purpose for which they are intended. All interest on any bonds or obligations held in the Site requisition Fund shall be deposit- ed in said Principal and Interest Account for Series B Bonds and interest on any bonds or other obligations held in any other ac- count shall accrue to and become a part of such fund or account. Section 13. So long as any of the principal of and in- terest on the revenue bonds herein authorized remain outstanding and unpaid, or provision made for the payment thereof, 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 all of the terms, provisions 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 all rights, and remedies conferred by the Lease for the full and complete pro Lection 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 January 1, 1966. 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 -15- at a, price not less than the amount of then outstanding revenue bonds ,plus interest then unpaid. (B) The City will enforce collection of the rental pay- ments and other charges in the amounts and at the times set forth in the Lease authorized hereby and will not reduce or cause or permit to be reduced rile 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 expenses of such enforcement shall be limited to funds made available to it for that purpose by the bond- holders or other interested parties. (C) That until payment of all the bonds and interest thereon has been duly made or provided for, the City will not con- sent 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 bondholder. (D) Any purchase price of the leased property received by City pursuant to the termination of the Lease, any proceeds of condemnation awards, insurance proceeds or any other funds intend- ed for the purpose of paying said bonds will be used solely and exclusively, first to pay the Salina, Kansas, Community Inn and Convention Center Revenue Bonds, Series A, and the interest there- on and then 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 in the order named. Upon receipt of any such funds, if said bonds be then subject to redemption and payment, the City shall proceed promptly to call said bonds for redemption and payment ac- cording to their terms and shall give notice thereon' provided for by the terms of this ordinance. Such funds shall be deposited with - 16 - the Fiscal Agent, and the same shall be used first for the payment of the Salina, Kansas, Community Inn and Convention Center Revenue Bonds, Series A, and then for the payment of the revenue bonds here- in authorized, accrued interest on said issues and any premiums provided for by the ordinances authorizing said bond issues and the charges of the Fiscal Agent for paying the same. (E) Except as otherwise provided in Section 13(e) of Ordinance No. 6911, the City will not issue any other obligations payable from payments made by Salina Community Inn of America, Inc., 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 thereof; provided, however, that said City may issue from time to time additional bonds for the purpose of extending and improving the facilities financed out of the proceeds of the revenue bonds herein authorized or completing the construction or acquisition thereof, or constructing and equipping additional improvements which exten- sions 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 agreement 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. -17- (F) The City will cause the Company to keep constantly insured all buildings and im1provements 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 The City's share of the proceeds of any such insurance policies shall be payable to and deposited with the Fiscal Agent as Insur- ance Trustee. Any of the proceeds of such policies shall be used and applied in the manner set forth in Article XX of said Lease (G) The City will keep books and records, or cause the Fiscal Agent to keep books and records relating to the Facility, which shall be separate and apert from all other books, records and accounts of the City, in which complete and correct entries shall be made in accordance with standard principles of accounting of all transactions relating to the leased property and improve- ments and the original purchasers of the revenue bonds herein authorized, any bondholder or Salina Community Inn of. America, Inc., 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. In the event said books and records are maintained by the City rather than by the Fiscal Agent, the City shall, at least once a year cause such books, records and accounts to be properly audited by a competent auditor or accountant of recognized stand- ing or by the City Clerk and shall make said audit available at all reasonable times to any bondholder or to the Company, Section 14. The provisions of the bonds authorized by this ordinance and provisions of this ordinance may be modified or - 18 .- amended at any time by the City with the written consent of the holders of not less than seven -y-,five per cent (75ij) in aggregate principal amount of the bonds herein authorized at the time out- standing; provided, that no such modification or amendment shall permit or be construed as permitting (a) The el.tension of the maturity of the principal of any of the bonds issued hereunder, or the extension of the matur- ity of any interest on any bonds issued hereunder, (b) a reduc- tion in the principal amount of any bonds or the rate of 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 supplementing the provisions of this ordinance and shall be deemed to be a part of this ordi- nance. It shall not be necessary to note on any of the outstand- ing bonds any reference to such amendment or modification, if any. A certified copy of every such amendatory or supplemental ordi- nance, if any, and a certified copy of this ordinance shall al- ways 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 pros- pective purchaser or holder of any bond authorized by this ordi nance, 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 required 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 principal 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 pursuant to this ordinance shall be leased to Salina Community Inn of America, Inc., under and pursuant to the Lease dated April 1, 1966, substantially in the form attached to this ordinance. Section 17. If any one or more of the covenants, agree- ments or provisions of this ordinance or of said Lease dated April 1, 1966, should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly pro- hibited, or against public policy, or shall for any reason whatso- ever 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 the other provisions of this ordinance or of the bonds or coupons issued hereunder, or the Lease. Section 18. This ordinance shall take effect and be in force from and after its passage and publication in the official City paper. -20- PASSED by the Governing Body of the City of Salina, Kansas, this 8th day of March, 1.966. ATTEST: City Clerk APPROVED by the Mayor this 8Lh day of March, 1966. ATTEST: / City Clerk -21- Mayor'