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5747 Issue Revenue Bonds, Series PA+ t' ORDINANCE NMER 5747 iPublished in the Salina Journal 1953) AN ORDINANCE authorizing and directing the issuance of revenue bonds, Series "PA", of the City of Salina, Saline County, Kansas in the principal sum of $30,000.00 for the purpose of paying part of the cost of acquiring bmd within said city and improving the same for off-street parking facilitiese WEEMS, the City of Salina, Kansas, is a city of the first class; and WEEREAS, the Board of Commissioners of the City of Salina, Kansas, heretofore duly adopted and caused to be published that certain Resolution Number ._1_3665____• which was a resolution determting (1) it to be advisable for, and of bene if t to, the City of Salina, Kansas, to acquire certain lands hereinafter described and to improve the same for off-street parking facilities f (2) the aggregate amount of money to bee�cpended for such acquisition and improvements and (3) that it is necessary to issue revenue bonds of the said city, in the manner and form provided by law, for the purposeof pay- ing a part of such aggregate cost;" and AREAS, said Resolution was first published on the 15th day of December, 1952, and no suit has been instituted in any enjoin court to oin or n j any way contest the validity of the proceedings of the governing body of the city under the provisions of Sections 23.1388, 13.1389, 13-1390 and 13-1391 in the 1951 Supplement to the general Statutes of Kansas, 1949; and WHEREAS, the Board of Commissioners of said city did duly adopt and cause to beduly published that certain ordinance "providing for the appropriation and condemnation of certain land within the City of Salina and for the improvement of the same for j off-street parking facilities; and WEEMS, said ordinance required the City Engineer to file plaza and specifications for the improvement of the lands to be so acquired and a detailed estimate of the cost of the acquisition of said land and the improvement thereof; and WEEMS, said plans, specifications and the detailed estimate of the cost of such acquisition and improvement has been filed with the City Clerk of said city; and i WHEREAS, PROoeedings will be instituted to acquire the land in acid ordinance described for the uses aforesaid; and WfIEREpiS, contracts will be let for the improvement thereof in compliance with said plans and specifications; and and WHEREAS, the acquisition of said land kka the improvement thereof will Dost a sum not to exceed $60#000.00, being less than the detailed estimate, aforesaid; and SEAS, the City of Salina, Kansas, has on hand available for such use the sum of $30#000900; and WHEREAS, it is necessary for said city to proceed to issue, sell and deliver revenue bonds, Series "PA", to pay a part of the cost of said acquisition and improvements, as aforesaid; and WEEMS, no such bonds are now seatstanding or liens on the title to said land to be so acquired, the revenue therefrom, or the revenues to be derived therefrom in the i uses thereof as an off-street parking facility; and 30, NOW, TBEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas# Section le That the foregoing recitals in this ordinance contained are hereby i incorporated herein. That it is necessary to acquire Lots $1, 830 850 87 and the North Half (W of Lot 89, all on Fifth Street in the Original Town (now City) of Salina, Saline County, Kansas, being land within said city, and to improve the same as i an off-street parking facility in said city in accordance with the plans, specifications and estir_ates on file with and in the office of the City Clerk of said city, all of the same being hereby approved by said Boards Section 2e That #30,000*00 of the estimated cost of said acquisition and improve - meat shall be defrayed from revenue naw on hand and legally applicable to payment thereon. Section 3e That the balance of #30,,000#00 of the cost of such acquisition and improvement, as aforesaid, be paid by the issue and sale of off-street parking facility 0 u Fj revenue bonds of the City of Salina, under the authority and the provisions of Sections 13-1388, 13-1389, 13-1390 and 13-1391, 1951 Supplement to the General Statutes of Kansas, 1949, and that for such $30,000.00 there shall be and are hereby issued off-street parking facility revenue bonds in the City of Salina, Kansas, in the aggregate sun of $30,000.00, as hereinafter provided. Section 4. That said issue of revenue bonds shall consist of thirty (30) bonds, each of the denomination of One Thousand ($1,000.00) Dollars, numbered one to thirty, inclusive, due serially as hereinafter set forth, each and all bearing interest at the rate of two per cent per annum, payable August 1 and February 1 of each year after the effective Itear of said bonds, the first interest payment date to be August 1, 1953; that interest coupons shall be attached to said bonds; and said bonds shsill be due and payable as follows, to -wits Bonds numbered 1 to 10, inclusive, in the aggregate sum of $102000.00 being payable August 1, 1953, Bonds lumbered 11 to 20, inclusive, in the aggregate sum of $101000.00 being payable Fetruary 1, 1954, Bonds numbered 21 to 30, inclusive, in the aggregate sum of $10,000.00 being payable February 1, 1955; provided alwshys, however, that the City of Salina, Kansas, expressly reserves the right and option to call, redeem and pay all or any of such bonds for retirement on the first day oP August of any year prior to the maturity thereof by written notice of intention to do so delivered more than thirty (30) days prior to the first day of August of said year to the Fiscal Agency of the State of Kansas and by publication notice of said intention to do so once in the official state paper at least thirty (30) days prior to said date, as aforesaid, and provided further that said right, privilege and option of call and redemption so reserved shall be exercised by calling said bonds in inverse numerical order• Section & That said revenue bonds shall be signed by the Mayor and attested by the City Clerk of the City of Salina, Kansas, and shall have the corporate seal of said City thereto affixed, and the interest coupons of said bonds shall be signed by the Mayor and the Clerk, aforesaid, provided, however, that the facsimile sign- atures of said Mayor and City Clark may be lithographed or printed thereon, and both the bonds and the coupons thereto attached shall be payable at the Fiscal Agency of the State of Kansas, located in the Office of the State Treasurer of the State of Kgnsas, in Topeka, Kansas, all as is provided by the laws of Kansas applicable thereto. Section 6. That said bonds shall be executed in the form and shall contain certain recitals substantially as follows, to -wits UNITED STATES OF AMERICA $TATE OF KANSAS COUNTY OF SALINE i CITY OF SALINA OFF-STREET PARKING FACILITY REVENUE BONDS $10000.00 SERIES "PA" No KNOW ALL MLN BY THESE PRESENTS: I That the City of Salina, in the County of Saline, ttats of Kansas, hereby acknowledges itself, for value received, to be indebti and Promises to pay to the bearer the sum of One Thousand Dollars States on the let day of 01,000.00) in lawful money of the United of, 19 s with interest thereon at the rate per centum -M per annum, payable semi-annually on the first days of August _aWIFebruary of each year after the date hereof until the said principal sum shall have been paid, upon the presentation and surrender of the proper interest coupon, hereto attached, bearing the facsimile signatures of the Mayor and Clerk of said city, as they severally become due, and both principal and interest are payable at the Fiscal Agency of the State of Kansas, at the office of the State Treasurer in the City of Topeka, Kansas. i That his bond is one of a series of revenue bonds in the total sum and amount Of $30,000.00, consisting of thirty (30) bonds of like date, tenor, denomination and interest rate, excepting serial number and maturity thereof, issued by the said City of Salina, ZanBass to pay a part of the cost of acquiring certain lands and improving the same as an off-street parking facility under and by virtue of the pro- visions of Sections 13-1388, 13-1389, 13-1390 and 13 - General Statutes of Kansas, 1949, and in compliance with land 9pursu51 antetonan ordinance of said city, duly and legally adopted by the Board of Commissioners of to Cid of Salina, Kansas, on the of in strict conformity with the po* Said visiona, restrictions and 3limitationsdofare theisro-d visions of the 1951 Supplement to the General Statutes of Kansas, 1949, aforesaid* That said bonds and interest thereon are to be paid from the net revenues received from the operation of off-street parking facilities and in case such revenues are insufficient, then any deficiency shall be paid from funds derived from on -street parking meters. Said bonds have been registered in the office of the City Clerk of the City of Salina, Kansas, and in the office of the Auditor of the State of Kansas, and said bonds import absolute verity. All eonditibns precedent to the issuance of skid bonds have been had and perfo rned and said bonds are negotiable. are hereby declared to be a lien upon Lots 81, 83, 85, 87 and the North Half id bonds of Lot 89, all on Fifth Street in the Original To ( ) line ty, Imsas, and the improvements thereon and all revenues derivedff from he onas peration tY� thereon of off-street parking facilities. In to event the revenues to be derived from the operation thereon of said facilities are insufficient to pay the principal and interest to accrue on said bonds, the the Board of Commissioners of the City of Saline, Saline County, Kansas, shall make up any deficiency from revenues derived from on -street parking meters. The right and option to call this bond for payment and redemption on the first day of August of any year is expressly reserved by the City of Salina, Kansas, and such right and option shall be exercised by notice in writing duly delivered to the Fiscal Agency of the State of Kansas at Topeka, Kansas, and b b said intention arc �► do b notice Y publication of Y published once in the official uttyxp, state of the State of Kansas, not$ce by both publication and wri,ti Paper thre t irty (30A days prior to the first day of August of said year in which saigiven dooption to call is exercised and that upon the exercise of said option to call in the manner and time aforesaid, if this bond is not presented forpayment August in said year in which said option to call is exercised,othenet erin day of ' vent thereon as evidenced b interest y the interest coupons hereto attached, shall cease and determine as of that said date. IN WITNESS WHEREOF the said City of Salina, Kansas, by its Board of Commis#ioners has caused this bond to be signed by Its Mayor, attested by its City Clerk, its corporate seal to be affixed thereto, and this bond is dated February 1, 1953. SEAL ( ) 4or Atteett City Clerk 1 C 1 Section 7. That to interest coupons to be attached to said bonds shall be substantially in the following form, to -wits I INTEREST COUPON j - No. On the day of , 1 the City of Salina, Kansas, ori l l pay to ear er ( } Dollars, lawful money of the United State of America, to be deRved sole y from the revenue produced from off-street parking facilities and from on -street parking meters, at the office of the State Treasurer, Topeka,, Kansas No , being six-monthst interest on its Off -Street parking Reaenue Bond No, February 1, 1953. — , dated ®ITY OF SALIKA, KANSAS i (SEAL) Ward E. Barcafer, Mayor Attests City Clerk i i the stub of said interest coupons, and each of theme, to be in the usual, customary and statutory form. I Section 8. In order to pay the principal and interest of said bonds at maturity or on call or redemption thereof, it shall be and it is hereby provided that all revenues to be derived from the operation of the lands aforesaid, as an i off-street parking facility shall be paid into treasury of the muni.oipality andkept in a separate fund, being the present Parking Meter Fund of said city; that said I revenue shall be used only for the purpose of paying the cost of operating off- street parking facilities and the maintenance cost thereof, including the cost of installation, maintenance and repair of parking meters therein and thereon and all revenues over and above those necessary for the above stated purposes and expenses I shall be used for the retirement of the revenue bonds issued hereunder and for the payneht of interest thereon. jSection 9. In consideration of persons, firms or eo ra tions 1� paying and here- after owning the bonds and interest coupons, aforesaid, or any of them, the said i City of Salina does hereby with any such purchaser or owner of said bonds or each, i any or all of them, covenant and agree. (a) That the City of Salina, Kansas, I$ now maintaining on the streets within the said city parking meters, in excess of 400rki and will continue so to maixtain,keep and repair and operating said s j meters under conditions so that the same will the event that the revenue to be derived from Produce edoperationuof off- street parking facilities as made and provided in Section 8 hereof are insufficient to pay the bonds hereby issued and the interest to accrue thereon, as aforesaid, that then the Board, of Commissioners of said city gill wake available sufficient revenues derived from on -street parking meters so as to full interest to accrue thereon* y key said bonds and the i (b) That said on -street parking meters are now and have for more than three (3) years last past produced a revenue foo the benefit of said city in a sum in excess of $35,000.00 and that after deducting the expense of the installation, maint4nance and repair thereof that a sum in excess of $22,500.00 has remained for other uses as by law ma4de and provided during each of the last preceding three (3} calendar years. (c) The issue of bonds herein provided for shall have ference from and against the revenues to be derived from Priority £ff-street 1 1 1 Oil Parking facilities and on -street parking meters as against any subsequent issue of bonds issued for like purposes. That said off-street parking facilities vAll be improved in oomp- lianee with the PKt plans and specifications on file in the Office of the City Clerk of the City of Salina, Kansas, and j that the same will be kept in good repair and effectively and effieiemtly operated until the bonds hereby issued and the interest thereon are fully paid. i (d) That the city shall not pledge, mortgage or sell said off-street parking facilities or on -street parkin meters or �Y part art thereof until said bonds and the interest thereon are fully paid. i (e) That said city shall maintain public liability insurance on said off-street parking facilities until said bonds and the interest thereon are fully paid. That this ordinance shall constitute a contract by and between the City of Salina, Kansas, and any pur- obaser or owner of said bonds, or each, any or all of them, the j provisions of which shall be enforceable, and the breach of which, shall be actionable at lax or equity in any appropriate proceeding, but no jurisdiction shall therefrom be acquired to compel, require or raise the duty of said city or its Board of Commissioners to levy taxes to i pay either the principal or interest of said bonds. Section 10. That the Mayor and City Clerk are hereby authorized and direct6d i without unnecessary delay to cause said bonds to be prepared and to execute the same as in this ordinance provided, and when emecuted said bonds shall be registered i with the City Clerk of the City of Salina, Kansas, and the Auditor of the Stateof Kansas, as required and provided by lax, and shall be by the Mayor of said city sold as provided by kw and the Prooeeds therefrom used to pay a Part of the cost of acquiring land and improving the same as an off-street Parking facility in saideity has herein efore not forth. Section 11. That this ordinance shall take effect and be in full fsrrce from, and after its Publication once in the official city paper. Attests City Clerk Introduoed= January 19, 1953 Passed: January 26, 1953 Payor