3341 Issue Coupon BondsORDINANCE NO. 3341
(Pnhlishad in the Salina Journal Ma 1997)
AN ORDINANCE providing for and authorizing the issuance of
negotiable coupon bonds of the City of Salina, Kansas,
in payment of a certain'judgment against said city.
WHEREAS, in a certain cause then pending in the District
Court of the United States, for the District of Kansas, First
Division, entitled Salina Water works Company, Plaintiff, vs The
City of Salina, Kansas, Defendent, No. 2782, a certain judgment
was rendered on May 26th, 1926 in favor of said plaintiff and
against said defendant, The City of Salina, Kansas, in the sum
of $63,600.00 with interest thereon from said date until paid
at the rate of 6 per cent per annum, which judgment has become
and is a final judgment against said city; and
WHEREAS, there was paid on June 10th, 1926s by said defendant
to said plaintiff the sum of $23,600.00 to apply on the principal
amount of said judgment, and on November 26th, 1926 there was Paid
by said defendant to said plaintiff in payment of the interest on
said judgment to said date, the sum of $1259.00; and
WHEREAS, the balance of said judgment in the sum of
$40,000.00 with interest thereon from November 26th, 1926 at
the rate of 6 per cent per annum remains wholly unpaid; and
WHEREAS, by an act of the legislature of the State of Kansas,
being House Bill No. 264, duly enacted by the House of Representa-
tives and the Senate of the State of Kansas, and duly approved
by the Governor of said State on March 1st, 1927, and duly'published
in the Topeka Daily Capital, the official state paper on March 2nd,
1927, cities of the first class, in the State of Kansas having a
population of less than one hundred ten thousand against which there
has heretofore been rendered a final judgment in excess of X50,000.00
were duly authorized to issue the bonds of such city to pay the cost
of such judgment or any part thereof remaining unpaid; NOW THEREFORE,
BE•IT,ORDAINED by the Board of Commissioners of the City of Salina,
Kansas.
Section 1. That for the purpose of providing funds to pay
$40,000.00 of the unpaid balance of the judgment against the City
of Salina hereinabove described, (the interest accrued thereon.to
be paid from other funds now on hand), there shall be issued and
there hereby are issued, negotiable coupon judgment bonds of the
City of Salina, Kansas, in the total principal amount of $40,000.00
Section 2. Said issue shall consist of forty (40) bonds
numbered from one (1) to forty (40) inclusive, each of which
shall be in the denomination.of $1,000.00 maturing in equal"
amounts each year for ten years. All of said bonds shall be
dated April 1st, 1927 and shall bear interest from.said date at
the rate of 4-1/4 per cent per annum payable semi-annually on
the 1st days of April and October of each year, and the principal
and interest of said bonds shall be payable at the office of the
State Treasurer of the State of Kansas in•the City of Topeka, Kansas,
and said bonds shall mature serially in the order of -their numbering
as follows:
Nos.
1 to 4 inc.
April
12
1928
"
5 to 8 inc.
"
1,
1929
It
9 to 12 "
if
1,
1930
"
13 to 16_"
if
10
1931
It
17 to 20 '!
"
10
1932
"
21 to 24 '_'
"
1;
1933
"
25 to 28 '.'
"
1,
1934
"
29 to 32 "
"
1,
1935
"
33 to 36 "
"
1,
1936
"
37 to 40 "
"
1,
1937
Section 3. Said bonds shall be signed by the Mayor and
attested by the City Clerk of said City, and the corporate seal
of said City shall be affixed to each of said bonds and the semi-
annual interest coupons which shall be attached to said bonds shall
be executed with the fac-simile signatures of said Mayor and City
Clerk.
Section 4. Said bonds shall be executed in the form, and shall
contain recitals substantially as follows:
UNITED STATES OF AMERICA
STATE OF KANSAS
COUNTY OF SALINE
CITY OF SALINA
No. $1,000.00
JUDGMENT BOND.
KNOW ALL AMEN BY THESE PRESENTS: That the City of Salina:; In
the County of Saline, State of Kansas, for value received, hereby
acknowledges itself to be indebted to, and promises to pay to the
order of bearer the sum of One Thousand Dollars ($1,000.00) in law-
ful money of the United States of America, on the 1st day of April,
19 , with interest thereon from the date hereof at the rate of
Pour and one-fourth per centum (4-1/4,%),per annum, payable semi-
annually.on the 1st days of April and October in each year after
the date hereof, until said principal sum shall have been paid, upon
the presentation and surrender of the interest coupons hereto attached,
bearing the fac-simile signatures of the Mayor and City Clerk of said
City, as said coupons severally become due, both principal and in-
terest of this bond being payable at the office of the State Treasurer
of the State of Kansas, in the City of Topeka, Kansas, and said City
of Salina, in the State of Kansas is held and firmly bound by these
presents, and the full faith, credit and resources of said city are
hereby irrevocably pledged for the prompt payment of interest and
principal at maturity. This bond is one of a series of 40 bonds of
like date and tenor, excepting.denomination and maturity, aggregating
the principal sum of $40,000.00, issued by the City of Salina, Kansas,
for the purpose of providing funds for the payment of a certain final
judgment,heretofore rendered against said city, by the authority of
and in full compliance with the provisions, restrictions and limita-
tions of the constitution and laws of the State of Kansas including
Chapter 10-101 to 10-125 inclusive, of the Revised Statutes of Kansas
for 19230 and all amendments thereof, and House Bill No. 264 duly
enacted by the legislature of the State of Kansas, in the legislative
session of 1927, approved by the Governor of said State on March 1st,
1927, and duly published in the Topeka Daily Capital, the official
State paper on March 2nd, 1927, and all other provisions of the laws
of said State, and this bond and all other bonds of said series, and
all interest thereon, are to be paid by the City of Salina, Kansas.
And it is hereby declared and certified,.that all acts, con-
ditions and things, required to be done or to exist precedent to and
in the issuance of this bond have been properly performed and done
and do exist in due and regular form and manner as required by the
Constitution and laws of the State of Kansas and that the:total in-
debtedness of said City including this series of bonds 'does not exceed
any constitutional or statutory limitation.
IN WITNESS WHEREOF the City of Salina in the State of Kansas,
by its Board of Commissioners, has caused this bond to be signed
by its Mayor and its corporate seal to behereto affixed, attested
by its City Clerk and the coupons hereto attached to be signed by the
fac-simile signatures of,said officiers, and this bond to be dated this
1st day of April, 1987.
Attest:
City Clark
No.
(CORM OF COUPON)
Mayor
,$21.25
On the 1st day of. *19 , the City of
Salina, will pay to bearer a sum o .25, a ie office of the
State Treasurer"of the State of Kansas, in the City of Topeka,
Kansas, being six months interest on its Judgment Bond dated April
1st, 1927. 71 -
No.
Attest:
Mayor
City Clerk
Section 5. Said bonds shall be duly registered in the
office of the -City Clerk, and in the office of the Auditor of
State, and the certificates of the City Clerk and of the Auditor
of State. in due form, attesting such proper registration, shall be
endorsed on each of such bonds.
Section 6. The Mayor and City Clerk of athe City of Salina,
Kansas are hereby authorized and directed to prepare and execute
the bonds hereinbefore described, and to cause said bonds to be
registered in the office of the City Clerk and in the office of the
State,Auditor, and when duly executed and registered to offer them
for sale to the State Board of School Fund Commissioners, and if
rejected by such Board, to sell them in the manner provided by law
and to deliver said bonds to the purchaser thereof upon payment of
the purchase price.
Section 7.The Board of Commissioners of the Oity of Salina,
Kansas shall annually make provisions for the payment of the interest
on said bonds, and for the creation of a sinking fund to pay the
principal of said bonds at their maturity, by levying taxes upon
all of the taxable property in said city at the same time as the
levy of other taxes, which thereafter shall be collected and paid
to the City Treasurer as provided by law.
Section 8. This ordinance shall take effect and be in
force from and after its passage and its publication once in the
Salina Journal, the official City paper.
Introduced,
March
7th,
1927
Passed
March
14th,
1927
Guy T.'Helvering
Mayor
Attest:
Chas, Ea(ngr
CtyCer
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
I, Chas. E. Barker, City Clerk, of the City of Salina
Kansas do hereby certify that the above and foregoing is a true
and correct copy of ordinance no. 3341 passed and approved by
the Board of Commissioners of the City of Salina March 14th, 1927s
and a record of the vote on its final adoption is found on page -2,P-3
Journal No. 11 ��
•
(Published in The Salina Journal March 1927)
ORDINANCE NUMBER 3341
An Ordinance providing for and authorizing the issuance of negotiable
coupon bonds of the City of Salina, Kansas, in payment of
a certain judgment against said city.
WHEREAS, in a certain cause then pending in the District
Court of the United States, for the District of Kansas, First
Division, entitled Salina Water Works Company, Plaintiff, vs The
City of Salina, Kansas, Defendant, No. 2782, a certain judgment
was rendered on May 26th, 1926 in favor of said plaintiff and
against said defendant, The City of Salina, Kansas, in the sum of
$63,600.00 with interest thereon from said date until paid at
the rate of 6 per cent per annum, which judgment Y)as become and
is a final judgment against said city; and
WHEREAS, there was paid on June 10th, 1926, by said defendant
to said plaintiff the sum of $23,600.00 to apply on the principal
amount of said judgment, and on November 26th, 1926 there was paid
by said defendant to said plaintiff in ayment of the interest on
said judgment to said date, the sum of 1259.00; and
WHEREAS, the -balance of said judgment in the sum of
$409000.00 with interest thereon from November 26th, 1926 at the
rate of 6 per cent per annum remains wholly unpaid; and
WHEREAS, by an act of the legislature of the State of Kansas,
being House Bill No. 264, duly enacted by the House of Representa-
tives and the Senate of the State of Kansas, and duly approved
by the Governor of said State on March 1st, 1927, and duly published
in The Topeka Daily Capital, the official state paper on March 2nd,
1927, cities of the first class, in the State of Kansas having a
Population of less than one hundred ten thousand against which there
has heretofore been rendered a final judgment in excess of
$50,000.00 were duly authorized to issue the bonds of such city
to pay the cost of such judgment or any part thereof remaining
unpaid; Now Therefore,
BE IT ORDAINED by the Board of Commissioners of the City of Salina
Kansas: ,
Section 1. That for the purpose of providing funds to pay
640,000.00 of the unpaid balance of the judgment against the City
of Salina hereinabove described, (the interest accrued thereon to
be paid from other funds now on hand),be issued and there
hereby are issued, negotiable coupon judgment bonds of the City of
Salina, Kansas, in the total principal amount of $40,000.00•
i
•
Section 2. Said issue shall consist of forty i0)
1 1) 11
bonds numbered from one (1) to forty (40) inclusive, each of
which shall be in the denomination of 61,00.0.00 maturing in
equal amounts each year for ten years. All of said bonds
kS
✓ shall be dated April 1st, 1927 and shall year interest from
said date at the rate of 4-1/4'�per cent per annum payable semi-
annually on the 1st days of April and October of each year, and
the principal and interest of said bonds shall be payable at the
office of the State Treasurer of the State of Kansas in the City
of Topeka, Kansas, and said bonds shall mature serially in the
order of their numbering as follows:
Nos. 1 to 4 inc.
5to8
9 to 12
13 to 16 "
17 to 20"
" 21 to 24 "
it 25 to 28 "
11 29 to 32 "
it 33 to 36 "
It 37 to 40"
April
11
1928
It
1,
1929
it1,
1930
1,
1931
1,
1932
1,
1933
1,
1934
i,
1935
1,
1936
1;
1937
Section 3. Said bonds shall be signed by the Mayor and
attested by the City Clerk of said City, and the corporate seal
of said City shall be affixed to each of said bonds and the
semi-annual interest coupons which shall be attached to said bonds
shall be executed with the fac-simile signatures of said Mayor
and City Clerk.
Section 4. Said bonds shall be executed in the form,
and shall contain recitals substantially as follows:
r UNITED STATES OF AAERICA
STATE OF KANSAS
COUNTY OF SALINE
t1 / CITY OF SALINA. _
No. �1,000.,pO
5)j-Vm" � 116
JUDGMENT BOND.
And it is hereby declared and certified, that all acts,
conditions and things, required to be done or to exist precedent to
and in the issuance of this bond have been properly performed and
done and do exist in due and regular form and manner as required
by the Constitution and laws of the State of Kansas and that the
total indebtedness of said City including this series of bonds
does not exceed any constitutional or statutory limitation.
IN WITNESS WHEREOF the City of Salina in the State of Kansas,
by its Board of Commissioners, has caused this bond to be signed
by its Mayor and its corporate seal to be hereto affixed, attested
by its City Clerk and the coupons hereto attached to be signed by the
fac-simile signatures of said officers, and s bond to b
this 1st day of Apri3., 192y ted
9 T_
Attest: jf vim
/ May
City Clerk.
KNOW ALL MEN BY THESE PRESENTS: That the City of Salina., in
the County of Saline.. State of Kansas, for value received, hereby
acknowledges itself to be indebted to, and promises to pay to
the order of bearer the sum of (One Thousand)Dollars'($1;000.4Da)
in lawful money of the United States of America, on the 1st day of
n `
Apr�.r, 19 , with interest thereon from the date hereof at the
M
v cI
rate ofCfour and one-fourth per centum (4-1/4%),)L er annum, payable
semi-annually on the 1st days of Ai1 and Oc��sbin each year
after the date hereof, until said principal sum shall have been
a
paid, upon the presentation and surrender of the interest coupons
hereto attached, bearing the fac-simile signatures of the Mayor
and City Clerk of said City, as.said coupons severally become due,
both principal and interest of this bond being payable at the
office of the State Treasurer of the State of Kansas, in the
c,\
City of Topeka, Kansas, and said City of Salina, in the State of
Kansas is held and firmly bound by these presents, and the full
paith, credit and resources of said city are hereby irrevocably
ledged for the prompt payment of interest a d principal at
maturity. This bond is one of a series of 40 bonds of like date
and tenor, excepting denomination and matur t
�4 y, aggregating the
j,O,000.00.)
principal sum o£ issued by the City of Salina, Kansas,
for the purpose of proVidin funds for the payment of a certain
final judgment heretofore rendered against said city, by the
authority of and in full compliance with the provisions, restrictions
and limitations of the constitution and laws of the State of
Kansas including Chapter 10-101 to 10-125 inclusive, of the
\`
_Revised Statutes of Kansas for 1923, and all amendments thereof,
House
an Bill No. 264 duly enacted by the legislature of the
St� of Kansas, in the legislative session of 1927; approved by the
vernor of said State on March 1st, 1927, and duly published in
the Topeka Daily Capital, the Official State paper on March 2nd,
1927 and all other probisions of the laws of said State, and this
bond and all other bonds of said series, and all interest thereon,
are to be paid by the City of Salina, Kansas.
And it is hereby declared and certified, that all acts,
conditions and things, required to be done or to exist precedent to
and in the issuance of this bond have been properly performed and
done and do exist in due and regular form and manner as required
by the Constitution and laws of the State of Kansas and that the
total indebtedness of said City including this series of bonds
does not exceed any constitutional or statutory limitation.
IN WITNESS WHEREOF the City of Salina in the State of Kansas,
by its Board of Commissioners, has caused this bond to be signed
by its Mayor and its corporate seal to be hereto affixed, attested
by its City Clerk and the coupons hereto attached to be signed by the
fac-simile signatures of said officers, and s bond to b
this 1st day of Apri3., 192y ted
9 T_
Attest: jf vim
/ May
City Clerk.
(FORM OF COUPON)
No. $21.25
On the 1st day of , 19 , the City of
Salina, will pay to bearer the sum of §21.25, at.the office of
the State Treasurer of the State of Kansas, in the City of Topeka,
Kansas, being six months interest on its Judgment Bond dated April
lst, 1927.
No. /
Mayor /
Attest:
City Clerk*
Section 5. Said bonds Ashall be duly registered in the
office of the City Clerk, and in the office of the Auditor of
State, and the certificates of tl�\e City Clerk and of the Auditor n /%
W�
of State in due 'form, attesting- proper registration shall be,
endorsed on each of such bonds.
I� Section 6, The Mayor and City Clerk of the City of Salina
Kansas are hereby authorized and directed to prepare and execute
the bonds hereinbefore described, and to cause said bonds to be
registered in the office of the City Clerk and in the office of the
State Auditor, and when duly executed and registered to offer them
for sale to the State Board of School Fund Commissioners, and if
rejected by such Board, to sell them in the manner provided by law
and to deliver said bonds to the purchaser thereof upon payment of
the purchase price.
Section 7, The Board of Commissioners of the City of
Salina, Kansas shall annually make provisions for the payment of the
interest on said bonds, and for the creation of a sinking fund to
pay the principal Of said bonds at their maturity, by levying taxes
upon all of the taxable property in said city at the same time as the
levy of other taxes, which thereafter shall be collected and paid to
the City Treasurer as provided by law.
Section 8. This ordinance shall take effect and be
in force from and after its passage and its publication once in
The Salina Journal, the official City paper.
Attest:
Introduced, march 7th, 1927.
Passed ---- March 14th, 1927.
City Clerk.
Mayor