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
-"