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6011 Waterworks Revenue Bonds(PUBLISHED IN THE SALINA JOURNALt b r?`i -r�" �6) 17j5 ORDINANCE N0. 6011 AN ORDINANCE AUTHORIZING THE ISSUANCE OF $600000.00 WATERWORKS REVENUE BONDS, SERIES Co OF THE CITY OF SALINA, KANSAS$ FOR THE PURPOSE OF EITENDING$ ENLARGING AND IMPROVING THE WATERWORKS PLANT AND SYSTEM OWNED BY SAID CITY, PRESCRIBING THE FORM AND DETAILS OF SAID REVENUE BONDS, PROVIDING FOR THE COLLICTION$ SEGREGATION AND APPLICATION OF THE REVENUES OF SAID WATERWORKS UTILITY FOR THE PURPOSES AUTHORIZED BY LAW$ INCLUDING PAYING THE COST OF OPERATION, MAINTENANCE AND IMPROVEMENT OF SAID UTILITYO PROVIDING AN ADEQUATE DEPRECIATION FUND AND PAYING THE PRINCIPAL. OF AND THE INTEREST ON THE WATERWORKS REVENUE BONDS OF SAID CITY ISSUED AGAINST SAID UTI- LITY, WHEREAS, pursuant to the provisions of Sections 10-1201 to 10-1212, inclusive$ General Statutes of Kansas, 1949$ and all amendments thereto, including Chapters 74 and 75 of the Session Laws of Kansas, 1953, the governing body of the City of Salina, Kansas (hereinafter called the "City")$ heretofore caused to be published in the official raper of the City a notice of the inten- tion of the City to sake extensions, enlargements and improvements of the waterworks plant and system, and for the construction of facilities for the adaptation of river water for public use, owned by said City and to authorize the issuance of $6009000,00 Water- works Revenue Bonds of said City for the purpose of paying the cost of said extensions$ enlargements and improvements, and WHEREAS, within fifteen days after the publication of said notice, no:written protest was filed with the City Clerk of the City against such proposed extensions, enlargements and im- provements or against the issuance of said waterworks revenue bonds, and WHEREAS$ Wilson & Company, the consulting engineers of said City, have prepared plana and specifications covering the cost of said extensions, enlargements and improvements and it now appears and the governing body of said City hereby finds and determines that the cost of said improvements will be in the sum of $600,000,00 and that it is necessary at this time that sAid City proceed forthwith to authorize the issuance of its waterworks revenue bonds in the principal amount of $6009000,00 for the purpose of paying the cost of said improvements, NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SALINA, KANSAS, AS FOLLOWS: ec -i pni, That the governing body of the City of Sa- lina, Kansas, hereby finds and determines that the cost of making extensions, enlargements and improvements of the waterworks plant and system owned by said City as hereinbefore referred to and as provided in the plans and specifications therfor prepared by the City's consulting engineers, Wilson & Company, on file in the office Of the City Clerk, is in the amount of $600,000.00; that said ex- tensions, enlargements and improvements of the waterworks plant and system owned by said City shall be made in accordance with said plans and specifications heretofore and hereby approved by the governing body of said City, including any alterations in or amend- ments to said plans and specifications deemed advisable by the City's consulting engineers and approved by the governing body of said City. Section 2. That for the purpose of providing funds to make extensions, enlargements and improvements of the waterworks uti- lity owned by said City by the construction of facilities to adapt river water to public use and to extend, enlarge and improve the waterworks system, all in accordance with the plans and specifica- tions of Wilson & Company, the consulting engineers of said City, there is hereby authorized to be issued the Waterworks Revenue 1 Bonds, Series C, of the City of Salina, Kansas, in the principal amount of $600,000.00. The City of Salina, Kansas' has heretofore issued and now has outstanding $200,000,40 principal amount of Waterworks Plant Revenue Bonds, Series A, of said City, dated Oct- ober 19 19529 said bonds having been authorized by and described in Ordinance leo. 5721 of said City, passed September 29, 19520 and said Waterworks Plant Revenue Bonds, Series A, being dated October 1, 1R52P shall have preference in payment both as to principal and interest over the $600,000.00 principal amount of Waterworks Reve- nue Bonds, Series C, of said City herein authorized. The City of Salina, Kansas, has also heretofore issued and now has outstanding, $1,000,000.00 principal amount of Waterworks Revenue Bonds, Series B, of said City, dated August 19 1953,said bonds having been author- ized by and desribed in Ordinance Ido. 5798 of said City, passed August 3. 1953p and said Waterworks Revenue Bonds, Series Bs dated, as aforesaid, in the principal amount of $19000,000.00 shall have preference in payment both as to principal and interest over the $600,000.00 principal amount of Waterworks Revenue Bonds, Series Co of the said,City herein authorized. Sec&lan .3. Said issue of Waterworks Revenue Bonds, Series C. shall consist of 600 bonds, numbered from 1 to 600, inclusive, each of said bonds being in the denomination of $1,000.00. All of said bondsahall be dated October 1, 1955, and said bonds shall be numbered and shall become due serially on August 1 in each year, as follows: fiax"R ff1 - 27 58 X77 58 - 91 92 - 128 129 — 166 167 — 206 207. 248 29 — 292 293 — 338 339 - 386 387 - 436 437 - 488 489 - 543 544 - 600 MATURITY ti1t3.. US? i $271,000 1957 34,000 1959 37000 1960 38000 1961 40,000 1962 42,0001963, _ _4 �4" 60?i 9 4 46,000 1965 48,000 1966 503,000 1967 52,000 1968 559000 1969 57,000 1970 Bonds numbered 58 to 6009 inclusive, and each of them, may be called for redemption and payment at the option of the City on August 1, 1958s or on August 1 in any year thereafter prior to the maturity of the bonds, at the par value thereof together with accrued interest thereon to date of redemptions together with a premium which shall be one and one-half per cent (1 1/2%) of the principal amount of any bond redeemed. In the event said City shall elect to call for redemp- tion and payment any of the said bonds prior to maturity, then all of said bonds so subject to redemption shall be redeemed and paid prior to their ultimate maturity only in the inverse numbrical or- der of said bonds, the outstanding bond having the highest nu tuber being the first bond called for payment. In the event of any such redemptions said City shall publish one* in the official State paper of the State of Kansas not less than thirty days prior to the date on which said bonds are called for payments a notice of the intention of said City to call and pay said bonds, the same being described by number. The City shall also mail a copy of said no- tice of redemption to Lucar, Eisen & Walcherle, Inc., of Kansas City, Missouri, or its successor, thirty (30) days prior to the date of redemption. All interest upon any bond called for redemption and payment in accordance with the provisions hereof shall cease from and after the date for which such call is made, provided funds are available for its payment at the price hereinbefore specified. -2- 1 Said, bonds shall bear interest as follows (1) Bonds N,1-20 and 28-47 3 V/Interest Per Annum. Bondi "_red. 21-27 and 4§- Dict!- exceed 3 5/8g6pltiterost (2) (3) 58-79; 9Z -116}x'129453; 167-193 aP 207-236 A 3/4% umbered 80-91;./11748; 1�4-166; 194-2# and 237-24P Not toexceed Interest Per/Annum. 387 o • z►8 `�2 end 1579-600 Not td YJ q 16 �r If 7-.7 9- ...325-338, ,371-;36, , 2 t Per Apnum. ' 420-436; 471-;- 524-543; and xceed 3-1/8% Int�st Per Annum. u-<° - .Y a - �' Gam► �� _, L� c. yl0 , t r Said interest shall be payable on February 1, 19569 and semiannually thereafter on August 1 and February 1 in each year. 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 the office of the State Treasurer of the State of Kansas, in the City of Topeka, Kansas, Sogt-ton 4. Said bonds shall be signed by the mayor and shall have the corporate seal of the City affixed thereto, attested by the City Clerk. Interest coupons shall be attached to said bonds representing the interest to mature thereon, and said interest cou- pons shall bear the facsimile signatures of the Mayor and City Clerk of the City. Aeatlon.31. Each of said bonds and interest coupons# and the certificates attached thereto, shall be in substantially the following forms No. UNITED STATES OF AMERICA STATE OF KANSAS COUNTY OF SALINE CITY OF SALINA WATERWORKS REVENUE BOND 1/11 11 RRII ES 1! -1�1 �gll�lrl $1,000.00 KNOW ALL MEN BY THESE PRESINTSt 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 ONE THOUSAND DOLLARS in lawful money of the United States of America, on the First day of August, 19,_,,,.,,,, with interest thereon from the date hereof at the rate of per cent (_-_-.�'o ) per annum, payable February 1, 1956, and semiannually thereafter on August 1 and February 1 in each year until the said principal sum shall have been paid, upon presen- tation and surrender of the interest coupons hereto attach- ed, 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 the Office of the State Treasurer in the City of Topeka, Kansas, -3— This amend ImAy be callvd for redemption and * *nt at the option of tho City of Salinas Kansas $ ou Axa ast It 1938# or on ,Augusset i in any year thereafter pricer to the maturity of this bondn at the par vaal mo there*. to ethor with accrued interest thereon to data of arodeemp+tl*n,, together with a premium which shall be one and One-half per cent (I i / Z ) of the principal amount of this bond if rodeo ; .perovided howeverp that all of the bonds of the aeries of which this bond is one shall be redeemed and paid id prior to their ultimate maturity only in the Invorse nuxerrical carder of said bondasas the outstanding bond having the highest number being the first f.. and called fuer payment# ovd provided further that In the event of ansuch reC3emption# said Ci f shall publish onceinLuxe Y official State paper of the State of Kansans* not less than thirty (30) d,V* prior to the date on which this bond is called { for redemptIon and payments, a notice or the intention of said City to call and pay this bond, this bond being domoribeeed by nusabor,& if this bond be called for redemption and payment, ase aforoaseaid, Interest on this band shaall aaeaso from and after the dates for which such casal.l is made, provided INwds are a- vailable for the payment of this bond at the price above sspoe- i bade This bond is one of an authorized, issue of six hundred (600) bonds of like datee# denomination and toners except as to numbers Interest rates, privilege of reedemption, and maturity, aggregating the principal amount of 600*000«000 numbered from 1 to 6009 inclusive, each in the denomination of $11,000900# issued, for the purpose of p:71nt the cost *: kine eatensionae, onlaar omentop and Improvements of the wuteerworks plant and system awned by said City& and by th* construction of facilities for than adaptation of river water to public use, by the authority of and in full compliance with the provisionss, restrictions and limitations of the Constitution and statutes: of the state of Kanaast,s, including Sections 10-1201 to 10-121&-o inclusive# Oenoral. Statutes of Kaxso9vt 1.949# seed All ae nd- montas thereto, i ncal.udin 'Chapters 74 and 75 of ,.%* Zesaslon Lac y of Kanssasss 19339 and all other provisions of tho laws of said State applicable thereto; aqui this mend and, r-Ll Interest here- on are tra bo paid by ss4iad City of aai"_.na, KansAa., solely fro the reevonuos derived f a the ratose, fees or chargees collected by #aid Ci,t;r from the operation Of :its said w terworkss utility and not from any other fund or sourco. Said City Of Zali naa: Kaanasasss has heretofore issued, and on tai* date hereof has *-ut- astandings its 'aterwortes Plant Revonuo BoUdiss Sori,eev A& in the principal ameunt of V200j000.00# dated Ootobor 1, 1952s and under the provisions of the laws of the State Of i aansas# said bonds and the Interest thereon have preefersenco in payment out of the revenues derived by said City from the operation of Its waterworks utility pricer to the payment of this brand and the wort** of which this bond is ones. Said City of Salinas, kansass, has also heretofore issseued# and on the date hereof has outstsanding, its Waterworks Revenue Bonds, .5eeriese Vis, In the ;principal amount of 1#000,000*00# dated August i, 19339 and under the provision* of the laws of the state of Kansasser said bonds and the interest thereon have preeforenoo in payment out of the revenues derived by said City from the operation of Ito waterworks utility prior to the psseys+ ont of this bond and the series of which this bond is ono. This bond has boon duly registered in the officRo of the Clerk of the City of Salina, Kansas* and in the o:ffioe of the Kud.itor of t1lo State of janssus, and this bond is negotiable,* And it is hereby declared and certified that all accts, conditions and things realuired tee be done and to exist pre- oodaent to and in the issuance of this bond have been properly done and performed and dee exist in due and regular form and manner as required by the Constitution and laws of the State of Kansas. .4. I� IN WITNESS WHEREOF, the said City of Salina, in the State of Kansas, by its governing body, has caused this bond to be signed by its Mayor and its corporate seal to be here. to affixed, attested by its City Clerk and the coupons here- to attached to be signed with the facsimile signatures of said officers, and this bond to be dated this First day of October, 19550 Attests "ity Clerk Mayor - - - - r w w w w r w w - - w w w w r • - W r w w r w .. STATE OF KANSAS } ) as COUNTY OF SALINE ) I, the undersigned, City Clerk of the City of Salina, Kansas, hereby certify that the within Waterworks Revenue Bond, Series Co of the City of Salina, Kansas, has been duly registered in my office according to law, WITNESS my hand and official seal this day o f ____ _ .w..,..w.� s 1955. City Clerk 4 w w - - w - - - w w i w w • - A 1.. m w m • ■r w w w - w w OFFICE OF THE STATE __..._...11IDTTOR OF KAUSAS I, George Robb, State Auditor of Kansas, do here- by certify that a transcript of the proceedings leading up to the issuance of this bond has been filed in my office, and that this bond and the coupons attached thereto were registered in my office according to law this WITNESS my hand and official seal, State Auditor of Kansas By Director of Post -Audits —5— L Coupon No. February, On the First day of August, 19.._, the City of Salinas Kansas, will pay the bearer, solely from the revenues derived by said City from the rates, fees or charges collected by said City from the operation of its waterworks utility and not from any other fund or source, —Dollars and cents, in lawful money of the United States of America, at the office of the State Treasurer, Topeka, Kansas, being six months` interest on its Waterworks Revenue Bond, Series C. dated October 1, 1955. No. (fac im ,je ) Mayor Attest: f faesimile ) City Clerk February 1, August 1, 19 City of Salina, Kansas Sect on 6. The Mayor and City Clerk are hereby authorized and directed to prepare and execute the bonds hereinbefore de- scribed and, When duly executed and regis- tered, to deliver said abonds to the purchasers thereof, on payment of the purchase price. The principal amount received from the sale of said bonds, exclusive of any premium therefor or accrued interest thereon, shall be deposited in a separate fund hereby created in the treasury of the City, to be known and hereinafter referred to as the "Waterworks Improvement Construction. Fund" and shall be used by said City for the sole purpose of paying the cost of making extension, enlargements, and improvements in the waterworks utility owned by the City as hereinbefore specified. Withdrawals from said fund shall be made on duly authorized and executed warrant therefor accompanied by a certificate executed by the City's consulting engineers that such payment is being made for a purpose within the scope of this ordin- ance, and that the amount of such payment represents only the contract price or reasonable value of the property, labor, materials, service or obligation being paid for. Any amount received by the City on account of accrued interest on said bonds shall be deposited in the "Sinking Fund for Waterworks Revenue Bonds, Series C", created by Section 9 of this ordinance. 1 If, upon the completion of the extensions, enlargements, and improvements in the waterworks utility owned by the City as hereinbefore referred to, any balance shall remain in said "Water- works Improvement Construction Fund", then said balance shall be transferred by the City to a fund which shall be known as the "Redemption Fund for Waterworks Revenue Bonds, Series C"; and the City shall use and apply all moneys in said "Redemption Fund for Waterworks Revenue Bonds, Series C", for the purpose of redeeming and paying prior to their ultimate maturity in accordance with the provisions hereinbefore and in the bonds not forth, the Waterworks Revenue Bonds, Series C, herein authorised, including the interest and premium thereon. If none of said bonds at the time be subject to redemption and payment, the City may invest the moneys in said Redemption Fund in bonds or other obligations of the United States Government or unconditionally guaranteed by the United States Government, maturing on or before the earliest date or dates on which any of said outstanding Waterworks Revenue Bonds, Series C, of the City, shall be subject to redemption and payment; and in the event of any such investment, the City shall use the Coneys and bonds in said Redemption Fund for the purpose of redeeming and paying prior to their ultimate maturity said Water- works Revenue Bonds, Series Co herein authorized, including the interest and premium thereonp as and when said bonds are by their terms subject to redemption; or the City may at any time use the moneys in said Redemption Fund and also any bonds in said fund if the moneys therein or any part thereof be invested in bonds as here- inbefore provided, for the purpose of purchasing at the market price thereof any of said Waterworks Revenue Bonds, Series C, herein authorized, then outstanding, including the interest thereon and any premium required to effect said purchase. Se -inn Z. The $600,000.00 principal amount of Water- works Revenue Bonds, Series Co of the City of Salina, Kansas, herein authorized is hereby made a lien on the revenues produced from the waterworks utility of said City, subject only to (1) the lien of the outstanding Waterworks Plant Revenue Bonds, Series A, of the City, dated October 1, 19320 presently aggregating the principal amount of $200,000.00; and (2) the lien of the outstanding Water- works Revenue Bonds, Series B, of the City, dated August I. 1953s aggregating the principal amount of $19000,000,00. Under the pro'- visions of the laws of the State of Kansas, said outstanding Water- works Plant Revenue Bonds, Series A, and the interest thereon, and said outstanding Waterworks Revenue Bonds, Series B, and the inter- est Ahereons have preference in payment out of the revenues derived by said City from the operation of its waterworks utility prior to the payment of the $6009000.00 principal amount of Waterworks Reve- nue Bonds, Series C, herein authorized. SeetI n g. So long as any of the Waterworks Revenue Bonds, Series C, of the City of Salina, Kansas, herein authorized, remain outstanding and unpaid, said City covenants and agrees that it will.-cintain the "Waterworks Department Fund" referred to in Section 8 of Ordinance No. 5721 of said City passed September 29, 19.29 being the ordinance which authorized the issuance of $3329000.00 principal amount of Waterworks Plant Revenue Bonds, Series A, of said City, dated October 1, 1952, $200,000.00 thereof being outstanding, and that all of the revenues derived by the City from the operation of its waterworks utility, including all revenues of all extensions and improvements to said utility hereafter con- structed or acquired, will be paid and deposited in said "Waterworks Department Fund", and that said revenues will not be mingled with the other funds of said City. The moneys in said "Waterworks De- partment Fund" shall be used only for the purposes authorized by law, including paying the cost of operation, maintenance, altera- tion, reconstruction, repair, improvement, extension and enlargement of said utility, providing an adequate depreciation fund, paying the principal of and interest on the Waterworks Plant Revenue Bonds, Series A, of the City, dated October 1, 1932, paying the principal of and interest on the Waterworks Revenue Bonds, Series B, of the —7- City, dated August 1, 19539 and paying the principal of and in- terest on the Waterworks Revenue Bonds, Series C, of the City, dated November 19 1955p herein authorized. Seetinn 9. There is hereby created in the treasury of the City a sinking fund for the payment of the Waterworks Revenue Bonds, Series C, herein authorized, and the interest thereon, said fund to be known and hereinafter referred to as the "Sinking Fund for Waterworks Revenue Bonds, Series C", and so long as any of said bonds remain outstanding and unpaid, the City covenants and agrees that it will maintain said Sinking Fund and will administer the same In accordance with all of the provisions contained in this ordinance, subject to the provisions of the statutes of the .Mate of Kansas applicable thereto. The City, out of the "Waterworks Department Fund" hereinbefore referred to in Section 8 of this ordinance, after paying the cost of operation and maintenance of said waterworks utility and providing for any other obligations imposed by law, and subject to (1) the obligations imposed upon the City by Ordinance No. 57219 hereinbefore referred to, with respect to $200,000.00 principal amount of Waterworks Plant Revenue Bonds, Series A, out- standing, dated October 1, 1952; and (2) the obligations imposed upon the City by Ordinance No, 5798 hereinbefore referred to, with respect to $190009000.00 principal amount of Waterworks Revenue Bonds, Series B, dated August 19 1953, will pay into said "Sinking Fund for Waterworks Revenue Bonds,.;Series B", at monV.ty intervals, beginning on november 1, 1955, and continuing on the first day of December, 1955, and on the first day of January, 1956, an amount not less than one-third (113) of the amount of interest that will become due on said bonds on February 1, 1956; and, beginning on Nvember 1� and continuing on the first day of each month thereafter to and including July Is 1956, an amount not less than one-sixth (1/6) of the amount of interest that will become due on August 1, 1956, and, beginning on August 1, 19569 and continuing on the first day of each suczceding Aonth, an amount not less than (1) one-sixth (1/6) of the amour;t of interest that will become due on said bonds on the next succeeding interest payment date, and (ii) one -twelfth (1/12) of the amount of principal of said bonds that will become due on the next succeeding principal payment date, All amounts paid and deposited in said "Sinking Fund for Waterworks Rev- enue Bonds, Series C", shall be expended and used for the sole pur- pose of paying the interest on and principal of said Waterworks Revenue Bonds, Series C, herein authorized. Soatlangin, There is hereby created in the treasury of the City a special fund to be known and hereinafter referred to as the "Reserve Fund for Waterworks Revenue Bonds, Series C", and so long as any of the Waterworks Revenue Bonds, Series C, of the City herein authorized remain outstanding and unpaid the City of Salina, Kansas, covenants and agrees that it will maintain said fund. Said City further agrees to pay into said Reserve Fund, after making the payments hereinbefore required to be made under the provisions of Sections 8 and 9 of this ordinance, at monthly intervals, be- ginning on December 1, 1955, all legally available revenues in the "Waterworks Department Fund" referred to in Section 8 of this ordinance, subject to the obligations imposed upon the City by Ordinance Nos. 5721 and 5798, hereinbefore referred to, with re- spect to $200,000eOO principal amount of Waterworks Plant Revenue Bonds, Series A, dated October 1, 1952, and to the $1,000,000.00 principal amount of Waterworks Revenue Bands, Series B, dated August 10 1953, until there shall have accumulated in said "Reserve Fund for Waterworks Revenue Bonds, Series C", the sum of Thirty Thousand Dollars ($30,000.00). If at any time or times the amount of cash on hand in the "Sinking Fund for Waterworks Revenue Bonds, Series C", created by Section 9 of this ordinance, shall be in- sufficient to pay either the interest on or the principal of said Waterworks Revenue Bonds, Series C, as and when the same become -8- ,I:K�i ��, / _"gyp^V`+L"��i�l!✓Rj��(� �-- � " �. due, the City shall use the Moneys in said "Reserve Fund for Waterworks Revenue Bondsy Series C"$ to pay said interest or principal and to prevent any default in the payment of either interest on or principal of said Waterworks Revenue Bonds, Series C. After said Reserve Fund aggregates the principal amount of Thirty Thousand Dollars ($30$000.00)$ no further pay- ments into said fund shall be required or made# but if the City shall river be compelled to expend and use a part of the money or resume monthly payments into said Reserve Fund, as aforesaid, un- til there shall have accumulated in said Reserve Fund not less than the sum. of Thirty 'Thousand Dollars ($30$000,00), no part of the moneys in said Reserve Fund shall ever be expended or used by said City to call any of said Waterworks Revenue Bonds, Series C: for payment prior to their ultimate maturity unless all of said outstanding bonds be called for payment, and funds are available to pay the same according to their terms. -9- a {n _.U. That the City of Salina duly created a fund known and referred to as "Waterworks Replacement and Ex- tension Fund" in strict compliance with the said Section 11 of Ordinance No, 5798, That the City will not add to the $50$000.00 aforesaid un til the $3Os000.00 reserve required by Section 10 of this ordinance actually exists in money. If at any time or times the amount on hand in the "Sinking Fund for Waterworks Revenue Bonds, Series C", hereinbefore created by Section 9 of this ordinance$ and in the "Reserve Fund for Waterworks Revenue Bonds, Series C", hereinbefore created by Section 10 of this ordinances shall be insufficient to pay either the interest on or the principal of said Waterworks Revenue Bonds, Series C, if and when the same become due and the City shall have no other funds available to pay said interest or principal, the City shall use any money in said "Waterworks Replacement and Extension Fund" for the purpose of paying said interest or principal and to pre- vent any default in the payment of either interest on or o princi- pal of said Waterworks Revenue Bands, Series C; subject, neverthe- less, to the prior right and duty to allocate said "Waterworks Re- placement and Extension Fund" to the payment of interest or princi- pal on "Waterworks Revenue Bonds* Series B"$ in the principal sum of $1,0000000.00 and accruals thereon. Seatinnla, When the City of Salina, Kansas, shall have made all the payments at the time required to be made under the provisions of Sections 8, 9, 109 and 11 hereof, and when there shall have accumulated and be on hand for the "Reserve Fund for Waterworks Revenue Bonds, Series B", as made and provided for in Ordinance No. 5798 in the sum of $100,000.00; and when there shall have accumulated and be on hand in the "Waterworks Replace- ment and Extension Fund", ratified and supplemented by Section 11 of this ordinance the sum of $50,000,00; and when there shall be accumulated and be on hand in the "Reserve Fund for Waterworks Revenue Bonds, Series C"$ the sum. of", $30000.00; and if the City shall not be in default in the performance of any covenant or agreement contained in Ordinance No. 5721 of said City authorizing $332,000,00 principal amount of Waterworks Plant Revenue Bands, Series A, there now being $200!000.00 thereof outstanding and un- paid, dated October 1, 1952; and if the City shall not be in de- fault in the performance of any covenant or agreement contained in Ordinance No. 5798 of said City providing for the issuance of $1,000,000.00 principal amount of Waterworks Revenue Bonds, Series Bs dated August 1, 19533 and if the City shall not be in default in the performance of any covenant or agreement herein contained, the City may use revenues then available in the "Waterworks Depart- ment Fund" referred to in Section $ of this ordinance for the pur- pose of making replacements or repairs to its waterworks utility or for the purpose og improving, extending, or enlarging the same, or for the purpose of redeeming and pay ing, prior to their ulti- mate maturity, in accordance with the provisions hereinbefore and -9- 1 in the bonds set forth, the Waterworks Revenue Bonds, Series C. heretofore authorized, as aforesaid, including the interest and prekium thereon; or if none of said bonds is at the time subject to redemption and payments for the purpose of purchasing at the market price thereof any of said Waterworks Revenue Bondss Series C9 herein authorized. Nothing contained in this Section 12 or in this Ordinance shall prohibit c restrict the right of tie City to issue additional revenue b.,,IIs for the purpose of alterin-, re - pairings improving, extending, or enlarging the;..Cityss wat,r- works utility and to provide that the interest on and the prin- cipal of said additional revenue bonds shall be payable out of the net revenues of said utility., contained in the "Waterworks Department Fund" referred to in :lection 8 of this Ordinance, provided at the time of the issuance of such additional revenue bonds that the City shall not be Ind default in the performance of any covenant or agreement herein contained, and provided further that such additional revenue bonds shall be junior and subordinate to the Waterworks Revenue Bondss Series C9 herein authorized so that if at any time the City shall be in default in paying either interest on or principal of the Waterworks Revenue Bondss Series Cs herein authorized, or if the City shall be in default in mak- ing any payments required to be made by the provisions of this Ordinances the City shall make no payments of either interest on or principal of said junior and subordinate bonds until said default or defaults be cured and no default shall exist on the part of the City under the covenants, agreements and conditions contained in this ordinance. Santa �►, ..$,. * If at any time the moneys in the "Waterworks Department Fund"s referred to in Section 8 of this ordinances shall be insufficient to make any of the payment hereinbefore provided by Sections 99 109 11 and 12 of this Ordinance on the date or dates hereinbefore specified, the City shall make good the amount of such deficiency by making payment thereof in the order herein- before in said sections specified out of the fhmt legally avail- able revenues thereafter accruing. SentIn,JA, Moneys held in the "Reserve Fund for Water- works Revenue Bonds, Series Bps "Reserve Fund for Waterworks Revenue Bonds, Series Cop and in the "Waterworks Replacement and Extension Fund" may be invested by the City, if at the time per- mitted by law, in bonds or other obligations of the United States Government or unconditionally guaranteed by the United States Government# having a fixed redemption value or marketable issues maturing within ten (10) years from the date of purchase. Section li. The City of Salinas Kansas, covenants with each of the purchasers or owners of any of the Waterworks Revenue Bondss Series Cs herein authorized, that so long as any of said bonds remain outstanding and unpaids (a) The City will fix# establish, maintain and collect such rates, fees or charges for the use of or services rendered by the water- works utility of said Citys including exten- sions and improvements thereto# which rates# fees* or charges shall be sufficient to pay the cost of operations improvement and mainte- nance of said utility# provide an adequate de- preciation fund, and pay the principal of and the interest on all waterworks bonds issued by said City against said utility. -10- 1 1 (b) Alone of the facilities or services afforded by the waterworks utility of the City will be furnished to any water user without a reasonable charge being made therefors ex- cept to the City itself. If at any time the revenues of said utility are insufficient to pay the cost of operations maintenance and improvement of such utility, provide an adequate depreciation funds and pay the princi•. pal of and interest upon the $3329000.00 prin- cipal amount of Waterworks Plant Revenue Bonds, Series As of the City# dated October 1s 1932s $200#000.00 being now outstanding# and the $1,0009000.00 principal amount of Waterworks Revenue Bonds# Series Bs of the City# dated August is 1953# authorized by Ordinance No. 57989 and the $600,000.00 principal amount of Water- works *nue Bonds, Series C# of the City, - ` dated( q, bei is 1955,, herein authorised# the reasonable cost and value of any water or water service furnished by said utility to the City shall be charged against the City and pay- ment therefor shall be made monthly from the general funds of the City and such payment shall be made into the "Waterworks Department Fund" referred to in Section 8 of this ordinance. (c) The City will maintain it good repair and work- ing order the waterworks utility of said City and will operate the same in an efficient manner and at reasonable costs provided, however# that said. City may abandon or cease to operate any property which has become non-productive or otherwise unuseable to the advantage of the City. (d) The City will not mortgage* pledge or otherwise encumber its waterworks utility or any part thereof or any extension or improvement thereto# nor will it sell, lease or otherwise dispose of said water- works utility or any material part thereof. (e) The City will carry and maintain such reasonable amount of insurances including public liability and workmen's compensation insurances on its water- works utility and on its operation as would normally be carried by a private corporation engaged in a similar type of business. All of the costs of said insurance shall be paid as an operating cost out of the revenues of the waterworks utility of said City. (f) The City will keep proper books, records and accounts (separate from all other records and accounts) in which complete and correct entties will be made of all transactions relating to the waterworks utility of the City. Said books will be kept by the City according to standard account- ing practice as applicable to the operation of said waterworks utilities by municipalities. Annually* at the end of each calendars fiscal or operating years the City will cause an audit to be made by a competent firm of independent auditors of the operation of its waterworks utility; and if said 1 audit shall disclose that proper provision has not been made for all of the requirements of this ordi- nance and of the laws of the State of Ransas, then the governing body of the City will promptly pro- ceed to cause to be charged for the utility service rendered by the waterworks utility of said City rates which will adequately provide for the require- ments hereinbefore and in the laws of the State of Kansas set forth. Within thir.ty­00) days after the completion of said audit a copy of the same will be filed with the City Clerk and will be open to public inspection, and a copy thereof will be mailed to Lucas, Eisen & Walcherle$ Inc., or its successor or successors, (g) The City will punctually perform all duties with respect to the operation of its waterworks utility imposed upon the City by the Statutes of the State of Kansas. Section 16, The City of Salina, Kansas$ shall have the right, if it shall find it desirables to refund any of the Water- works Revenue Bonds* Series C, 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 bonds issued hereunder which are not refunded$ if any therebe, provided, however, that if only a portion of said bonds then outstanding be refunded$ and if said bonds are refunded in such manner that the interest rate on the refunding bonds is increased, or if the refunding bonds mature at a maturity date earlier than that of the bonds being refunded, then such bonds may be refunded only by and with the consent of all of the holders of the bonds herein authorized, not refunded. Seg, lIgn 1 7. The provisions of this ordinance shall consti- tute a contract between the City of Salina, Kansas, and the holders of any one or more of said bonds may, by suit, action, mandamus, injunction or other proceedijtgs, either at law or inequity, enforce or compel performance of all duties and obligations required by this ordinance to be done or performed by said City. Nothing con- tained in this ordinance, however, shall be construed as imposing on said City any duty or obligation to levy any taxes either to meet any obligation contained 'herein or to pay the principal of or interest on the Waterworks Revenue Bonds, Series C$ of said City herein authorized. Section 18. This ordinance shall take effect and shall be in.. full force from and after its publication once in The Sa- lina Journal$ the official City newspaper. Introduced October 18th 1955• November 'i , } Passed _ _........... r. , .._.�._,�.._... 935. )8'x A (", LL Mayor Attests City Clerk -12-