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99-9941 Amend Hosp Rev Bonds(Published in the Salina Journal August 0 1999) ORDINANCE NUMBER 99-9941 ORDINANCE APPROVING A SECOND SUPPLEMENTAL BOND TRUST INDENTURE SUPPLEMENTING AND AMENDING A BOND TRUST INDENTURE RELATING TO THE HOSPITAL REVENUE REFUNDING BONDS (ASBURY-SALINA REGIONAL MEDICAL CENTER, INC. PROJECT), SERIES 1993, ISSUED BY THE CITY OF SALINA, KANSAS WHEREAS, the City of Salina, Kansas (the "City") has entered into a Bond Trust Indenture dated as of September 1, 1993 (said Bond Trust Indenture, as amended and supplemented by a First Supplemental Bond Trust Indenture dated as of September 22, 1997, and as otherwise from time to time supplemented and amended being referred to herein as the "Bond Indenture"), under which INTRUST Bank, N.A. is the existing Bond Trustee (as that term is defined in the Bond Indenture); and WHEREAS, pursuant to the Bond Indenture, the City has issued its Hospital Revenue Refunding Bonds (Asbury -Salina Regional Medical Center, Inc. Project), Series 1993 (the "Series 1993 Bonds"), to refinance a project leased to Salina Regional Health Center, Inc. (the "Corporation"), successor by merger to Asbury -Salina Regional Medical Center, Inc., which Bonds are the only bonds outstanding under the Bond Indenture; and WHEREAS, AMBAC Indemnity Corporation ("AMBAC Indemnity") has issued its municipal bond insurance policy insuring the payment when due at maturity or by scheduled mandatory sinking fund redemption of the principal of and interest on the Series 1993 Bonds; and WHEREAS, INTRUST Bank, N.A. has resigned as Bond Trustee, and the Corporation desires that UMB Bank, n.a., Kansas City, Missouri, be appointed as successor Bond Trustee; and WHEREAS, (i) pursuant to Section 10.08 of the Bond Indenture, a successor Bond Trustee may be appointed by the Registered Owners of a majority in aggregate principal amount of outstanding Series 1993 Bonds by an instrument in writing, (ii) pursuant to Section 13.2 of the Bond Indenture, AMBAC Indemnity is deemed the exclusive Registered Owner of all Series 1993 Bonds for that purpose, and (iii) AMBAC Indemnity has executed an instrument appointing UMB Bank, n.a. as successor Bond Trustee; and WHEREAS, the Corporation has requested that the City execute a Second Supplemental Bond Trust Indenture (the "Second Supplemental Bond Indenture") to evidence that UMB Bank, n.a. has become the Bond Trustee; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSIONERS OF THE CITY OF SALINA, KANSAS, AS FOLLOWS: Section 1. Approval of Documents. The Second Supplemental Bond Indenture is hereby approved in substantially the form submitted to and reviewed by the City on the date hereof and as attached hereto, with such changes therein as shall be approved by the Mayor, his execution thereof to be conclusive evidence of such approval. The Mayor of the City is hereby authorized and directed to execute and deliver the Second Supplemental Bond Indenture on behalf of and as the act and deed of the City. The City Clerk is hereby authorized to affix the City's seal thereto and to attest said seal. Section 2. Further Authority. The City shall, and the officers and agents of the City are hereby authorized and directed to, take such action and execute such other agreements, documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this ordinance and to carry out, comply with and perform the duties of the City with respect to the Second Supplemental Bond Indenture. �4w Section 3. Effective Date. This ordinance shall take effect and be in full force from and after its passage by the City Commissioners and its publication in the official newspaper of the City. Introduced: August 2, 1999 Passed: August 9, 1999 [SEAL] ATTEST: onte Shadwick, Mayor A . i/A2,. �• �i -+�City -"