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HomeMy Public PortalAboutOrd 135 GO Bonds A 1988 GILMORE & BELL.. 9/19/88 ~====================:==========================;===========;====== ORDINANCE NO. _/ J5 OF THE CITY OF BEL AIRE, KANSAS PASSED SEPTEMBER 20, 1988 $399,477,43 GENERAL OBLIGATION BONOS SERIES 1988 .._.,_._._......_...._.._.__._.__.__...M__.._......___....._..._________._____.____.__.____._..__.___._.__.__.._____...__..._______...._.__.............._.. ._...,...__..,."._._....,.__________._._..._..__.._...N.._________._..___._.__...__.....__......_____._..._,___.,.,__,...__________.___ ORDINANCE _____....._M.__....___ TABLE OF CONTENTS P i!.~ Ti tIe ....,......,.............,......,.... 1 RE!citals .........,.....".....".,.....,.. 1 ..B.B T I_~J.::..L.J. DEFINITIONS Section 101. DE!finitions of Words and Ter'ms ........,... 4- Section 201. Section 202. Section 203. Section 204. Section 205. Section 206. Section 207. Section 208. Section 209. Section 210. Section 211. Section Section SElction ~3ection 301. 302. 303, 304. ARTICLE __II AUTHORIZATION OF THE BONDS Authorization of and Security for the Bonds ..................,.,....,... '7 Description of the Bonds ..".,.."......., '7 Designation of Paying Agent and Bond Registrar .....,...,....,..... 8 Method and Place of Payment of the Bonds .. 8 Method of Execution and Authentication of the Bonds ....,...,...",...."..." 8 Registration, Transfer and Exchange of Bond s ....."....,...,..,............., 9 Sur'render and CancE:~llation of Bonds "..... 10 Mutilated, Lost, Stolen or Destroyed Bond s ..........,................,...., 10 Temporary Bonds .....,......,........,..... 10 Execution and Delivery of the Bonds ...",. 11 Official Statement.............". . . . , , . . , 11 aBIJ C _~.~_...IIJ.. REDEMPTION OF BONDS OptJonal Redemption ..".........,....".., Selection of Bonds t:o be RE!dE!EHned ...,..,.. Notice of RedE!ITIption ......."....,.....,.. Effect of Call for RE!Clernpt.ion ..",.,..,... 12 12 12 13 (i) A ~.I:r C L E_._:L\L FORM OF THE BONDS Section 401. Form of the Bonds..........,.,.,...,...". 13 ARTICLE V ESTABLISHMENT OF FUNDS AND ACCOUNTS Section 501. Creation of Funds and Accounts ....,......' 14 Section 502. Administration of Funds and Accounts ...... 14 ARTICLE VI APPLICATION OF BOND PROCEEDS Section Section Section 601. 602. 603. Disposition of Bond Proceeds '............. Withdrawals from the Improvement Fund .,... Surplus in the Improvement Fund ...,....... 14 15 15 ARTICLE VII PAYMENT OF THE BONDS Section 701. Levy and Collection of Annual Tax ........' 15 Section 702, Application of Moneys in the Principal and Interest Account .......',...,..... 16 Section 703 . Tr'(~nsfer of Funds to Paying Agent ......... 16 Section 704, Surplus in Principal and Interest Account .......................,....... 16 ARTICLE VIII --.-.---.-................... DEPOSITS AND INVESTMENT OF FUNDS Section 801. Deposits.......................,.......... 16 Section 802. Investments.......,.............,...".... 16 (ii) Section Section Section 901. 902. 903. B...fiIl~.t~._.!K DEFAULT AND REMEDIES RE!rnedies ........,.,..,................,... Limi.tat.ion on Right:s of Bondowners ..".... Remedies Cumulative .....,..",.."...,.... .A R T I._~bI....2~ AMENDMENTS 17 17 18 Section 1001. Amendments...........,.........."",..... 18 Section 1002, Written Evidence of Amendments .........,.. 19 Section 1101. Sect.ton 1201. Sectton 1202, Section 1203. Section 1204. Section 1205. SE!ction 1206. Sect.ion 1207. .B.KIl~!:..~...JS.I DEFEASANCE DE!feasance I I . . . . . I . . . . . I . . . . . . . I . . . . I . . . . . ARTICLE XII ---.-...-.--.....--.- MISCELLANEOUS PROVISIONS Exception from Rebate Requirements ......,. Designation of Bonds as Qualified Tax- Exempt Obligations ....."....,........ Tax COVE!l1ants ........,..,....,............ Severability .............,...,......."... Further Authority ..,.,...,...,........".. Governin~l L.alJJ ............".."...,..,.... Effective Date ....,......,.......,.""... Passage and Approval .,.........,..",.,... 22 Signatures and Seal .....,.,......"...,.., 22 (i:U.) 19 20 20 21 21 21 21 22 (PUBLISHED IN THE WICHITA EAGLE-BEACON ON SEPTEMBER 23, 1988) ORDINANCE NO. __L~~__ AN ORDINANCE AUTHORIZING THE ISSUANCE AND DELIVERY OF $399,477.43 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS, SERIES 1988, OF THE CITY OF BEL. AIRE, KANSAS, FOR THE PURPOSE OF CONSTRUCTING CERTAIN STREET, SEWER AND WATER IMPROVEMENTS; PRESCRIBING THE FORM AND DETAILS OF SAID BONDS; AND PROVIDING FOR THE L.EVY AND COLL.ECTION OF AN ANNUAL. TAX FOR THE PURPOSE OF PAYING THE PRINCIPAL OF AND INTEREST ON SAID BONDS AS THEY BECOME DUE. WHEREAS, the City is a city of the third class, duly created, organizE!d and existing under the laws of the State of Kansas; and WHEREAS, pursuant to 12-6a01 Q.t ~.Q.S.., as amended, and other provisions of the laws of the State of Kansas applicable therE!to, by procE!edings duly had, the governing body of the Ci ty has caus ed the f ollolAJing improvements to be made in the Ci ty, to-lAli t : (a) StrE!et and Drainage Improvements constructed to s(~rve the follol....ting area, to lAlit: Lots 1 through 18, inclusive, Block 1 and Lots 1 through 42, inclusive, Block 2, all in Eagle Lake Second Addition, Bel Aire, Sedgwick County, Kansas, according to the plans and specifications to be furnish(~d by the Ci ty Engineer of the Ci ty of B(~l Air'e, Kansas; (b) Sanitary Sewer Extensions constructed to serve the follol....ling area, t:o lAJit: Lots 1 through 18, inclusive, Block 1 and L.ots 1 through 4.2, inclusive, Block 2, all in Eagle L.ake Second Addition, Bel Aire, Sedgwick County, Kansas, accor'ding to the plans and spt::~cifications to be furni shed by t:he Ci ty Engi neer' of the Ci ty of Bel Ai re, Kansas; (c) Water Line Extensions constructed to serve the following area, to wit: Lots 1 through 18, inclusive, Bloclc 1 and Lots 1 through 42, inclusive, Block 2, all in Eagle Lalce Second Addition, Bel Aire, Sedgwick County, Kansas, accordin~l to the plans and specifications to be fur'nished by the C'i t:y Enginet~r of th(~ Cit:y of BE!1 Aire, Kansas; (d) Sanitary Sewer Extensions constructed to serve the follolAling area, to lAlit: Lot. 1 and 2, inclusive, Sunrise Bible Chapel Addition to Bel Aire, Sedgwick County, Kansas, according i7.0 the plans and specifications '17.0 be furni shed by the Ci ty Engi neE!r of the Ci ty of Bel Ai. r'e , Kansas; and (e) Sani.tary Sewer Extensions constructed to serve the area in and about Cozy Homes Addi tion, Ci ty of Bel Aire, SedglAJick County, Kansas more specifically described as those 10ts and tracts locai:ed within the area described by the following metes and bounds: Beginning on the center line of 37th St. North and 100 feet IAlest of the IAlest line of Cozy Homes Addi tion and running thence north paralleJ. with said west line to the south line of the Missouri Pacific Railroad right-of-way; thence northeasterly along said right-of-way line to the northeast corner of Cozy Homes Addition; thence south along the east 1ine of said addi tion to i:he CE!nter line of 37th St. North; thence west to the place of beginning. WHEREAS, a11 legal requirements pertaining to the Improvements have been complied with, and the governing body of the Cit.y now finds and determines that the tota1 cost of the Improvements and related expenses are at least $399,477.43, with all of said cost to be paid by the owners of the property within the City benefited by the Improvements none of which has been prepaid leaving $399,477.43 to be paid for by the issuance of general obligation bonds; and WHEREAS, the governing body of the Cit.y is authorized by law to is s ue general obI iga tion bond s of the Ci ty '1:0 pay the costs of the Improvements; and WHEREAS, the governing body of the Ci.ty has adverU.sed t:h(~ sale of its general obligation bonds in accordance with the law and at a meeting held in the Ci ty on this date, alAJarded th~~ sale of such bonds to the lowest bidder; and WHEREAS, the governing body of thE! City hereby finds and de terrni ne s tha t 'it is ne ces s ary for the Ci ty t:o au thortz e the issuance and dEd.i.ver'y of its general obligation bonds in the principal amount of $399,477.43 to pay the costs of the ImprovE!m~~nts . NOW, THEr~EFORE, BE rr ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS, AS FOLLOWS: -2- 8646B f).KI.tc L LJ~, DEFINIT'IONS Section 101, De f i.n i t i 0 ~..__Q.L...!!Y 0 r ~t~3~n.g.--I~ r.!!,-~ . "Act" means the Constitution and stat.utes of the State of Kansas including K.S.A. 10--101 to 10-125, inclusivE!, K,S,A. 10-620, ~t ~., and K.S,A. l2..-6a01 .~t _se_9.., as amended and supplemented. "Authorized Investments" shall mean: (a) investments authorized by K.S.A. 12-16'75 and amendments thereto; (b) direct obligations of the United States Government or any agency thereof; (c) the City's temporary notes issued pursuant to K . S. A . 10-123 or amendment s thereto; (d) i nteres t-bearing time deposits in commercial banks or trust companies located in the county or counties in which the City is located which are insured by the Federal Deposit Insurance Corporation or Federal Savings and Loan Insurance Corporation or collateralized by securities described in (b) above; (e) obligations of the federal national mortgage association, federal home loan banks or the federal home loan mortgage corporation; (f) repurchase agreements collateralized by securities described in (b) or (e) above; (g) investments agreements or other obligations of a financial insti tution the obligations of which at the time of investment are rated in either of the three highest rating categories by Moody's Investors Service, Inc. or Standard &. Poor's Corporation; (h) investments and shares or units of a money market fund or trust the portfolio of which is comprised entirely of securitiE!s described in (b) or (e) above; (i) re ceipt s evidenci ng OlAlI1ers hip i nteres t sin s e curi tie s or portions thereof describE!d in (b) or (e) above; (j) municipal bond s or other obI iga tions is sued by any mu ni d.pal i ty of the State of Kansas as defined "in K. S. A. 10-1101 IJJh"ich are gE!neral obligations of the municipality issuing the same; or (k) bonds of any municipality of the State of Kansas as defined in K,S.A. 10-1101 which have beE!n refunded in advance of their maturi ty and are fully secured as to payment of principal and int:erest therE!on by deposit in trust, under escrow agr'eement lAJith a bank, of securities described in (b) or (e) above. "Bond and Interest Fund" m<"1ans the Bond and Interest Fund of the City for its general obligation bonds. "Bond CounsE!l" ITIecH1S other attorney or firm of rEllat.ing to thE! issuanCE! polit.ical subdivisions is t.o the City. thE:1 firm of Gilmore &. Bell or any at.t.orneys whose expert.ise in matters of obligat.':i.ons by st.ates and thEdr naLionally rE!cogrl'."i.zed and accept:.able II B 0 ndoWnE!r II s ha L1 ha vet he same ITIE!a nt ng as the t.Elr'm Ou.mer. ..-.3- 86468 BJ:tI!i'~J"".L..-I DEFINIl'IONS ~_~.Lti.gn,...J-9.J.. . Q.~j' trr::.Lti 0 IlL.9J:.J!.'l0 r 9....L..~ n .9.......L~X:.r.r.!~.. . "Act" means l:he Constitul:"ion and stat.utes of the St.ate of Kansas includin~~ K.S.A. 10-101 i:o 10.-125, inclusive, K,S,A, 10-620, .gl .~..~.9.., and K.S.A. 12-..6a01 g...t ..~...~..q., as amended and supplE!mented, "Aut.horized Investments" shall mean: (a) investments authorizE!d by K.S.A. 12.-16'75 and amendments ther€~t:o; (b) direct obligations of the United States Government or any agency i:hereof; (c) the City's temporary notes issued pursuant to K , S. A . 10-123 or amendments thereto; (d) intere s t-beari ng time deposits in commercial banks or trust companies located in the county or counties in which the City is located which are insured by the Federal Deposit Insurance Corporation or Federal Savings and Loan Insurance Corporation or co11ateralized by securities described in (b) above; (e) obligations of the federal national mortgage association, federal homE! loan banks or the federal home loan mortgagE! corporation; (f) repurchase agreements collateralized by securities described in (b) or (e) above; (g) invE!stments agreE!ments or other obligations of a financial institution the obligations of which at the time of investment are rated in either of the three highest rating categoY'ies by Moody I s Investors Service, Inc, or Standard & Poor's Corporat.ion; (h) investmE!l1ts and shares or units of a money market fund or trust the portfolio of which is comprised eni:irely of securitiE!S described in (b) or (e) above; (i) receipts evidencing olAmership interest.s in securit.ies or portions l:.hereof described in (b) or (e) above; (,j) municip~l bonds or othE~r obligations issued by any municipality of the State of Kansas as defined in K.S,A. 10.-1101 IAlhich are 9E!ney'al obligc:ltions of the lTlunicipality issuing the same; or (k) bonds of any municipality of the State of Kansas as defined in K.S.A. 10.....1101 IJJhich have bElen refunded in advance of their mat.uy'it:.y and i:'.lrE! fully SE!cured as to payment of py'inc:ipal and intE:~rE!st therE!Cl\1 by deposit. in trust, under escrOlAJ agreE!m~~nt. with a bank, of securit.ies described in (b) or (e) above. "Bond and InterE!st Fund" m~~ans t.he Bond and IntE!rest. Fund of t.he City for its general obligat.ion bonds, "Bond CounsE!l" mE!ans other att:oy'ney Ol~ f"il~m of relating to thE:! iSSUanCE! pol.ittcal subdtv"istonsis to t.he C"ity. the firm of GiIITIor~~ &. BE!ll or any att.orneys whose expertise "in matters of obligat.ions by st.at.es and t.h~~ir nat"ionally rE!cognized and i:'1ccept.abIe "Bondowner" shall have thE! same mE!an"ing as thE! tE!Y'rn OlAlrley'. -4.- 86468 IIBond Registrarll means the TrE!asur'er of the State of Kansas, Topeka, Kansas. IIBondsll mE!i:\ns the Series 1988 Bonds authorized by the Ordinance in the aggregate principal amount of $399,477.43, and dated September 1, 1988. IICityll means the City of Bel Aire, Kansas. IICity Cler'kll means the duly appointed cmd acting City Clerk or, in the City Clerk's absence, the duly appointed and/or elected Deputy City Clerk or Acting City Clerk of the City. IICodell means the Int.ernal Revenue Code of 1986, as amended, and the applicable regulat.ions proposed or promulgat.ed thereunder of the United States Department of the Treasury. IICOSt.S of IsSUanCE! Accountll means the Account for the City of Bel Aire, Kansas, Bonds, Series 1988 created herein, Costs of Issuance General Obligation IICosts of Issuancell means all costs of issuing the Bonds, including all publication, printing, signing and mailing expenses in connection t:herewith, registration feEls, all legal fees and expenses of Bond Counsel and other legal counsel, and any E!XpE!llSeS incurred in connection b.d th detE!r'mining Yield on t.he Bonds, or investment of the proceeds of the Bonds. II Improvement Fund II mE!anS the ImprovE:1ment Fund for t:he Ci ty of Bel AirE!, Kansas, General Obligation Bonds, Series 1988, c rea b:!d herei n , IIlmprovementsll mE!anS the improvements referred to in the preamble to this Ordinance. IIInterest Payment Dat.esll means March 1 and SE!pternber 1 of each YE!ar, commE!I'lcing March 1, 1990, and (~nding on the matur'ity date of the Bonds, or such other time as t.he Bonds are paid or provision is made for the payment t.hereof, "Mayorll mE!anS t:hE:1 duly elected and acting Mayor of the Cit.y or, 'in the Mayor IS abSE!nCe, the duly appointE!d and/or electod Voice Mayor or Acting Mayor of the City. 1I0rdinancoll ITIE:1i:'H1S this Ordi.nanco authorizing t.he issuanCE! of th~:! Bonds. 1I0r'Jgi.nal PIH'chaSE!r,1I moans 1I0utst:and'ing" 1T)(:'i:'lnS as of a part.icular' dal:o, her'E!tofor'e i.ssued, authenticated and dE:1livor'~:!d provisions of this Ordinance, except: all Bonds under' the -5- 86468 (a) Bonds ther'etoforE! cancelled by the Paying Agent or dEd.tverE!d t:o the Paying AgE!I'lt: for cancellation pursuant: l:.o this Or'dinance; (b) Bonds for the monies or inVE!S tments hav~~ this Ordinance; and payment or redemption of which beE!n depos:i.t.ed '.in accordance IJJith (c) Bonds have Ordinance, Bonds in exchangE! for or in lieu of lAlhich othE!r been au the n ti ca ted and de I i v~~red purs uant t:o thi s "0IAlnE!r" or II RegistE!red OIAJnE!r" when used with r'eSpE!ct to any Bond means the person in whose name such Bond is registered on the rE!gi s tra tion boo k s of the Ci ty as ma'.i ntained by the Bond Registrar, II Pclyi ng AgE! nt It means the Treasurer of thE! State of Kans as, Topeka, Kansas. II Principal and Interest Account Obligation Bonds, Bond and Interest IntE!rest Accountlt means the Principal and for the City of Bel Aire, Kansas, General SeriE! s 1988, crea tE!d herein wi thi 1'1 the Ci ty I S Fund, It PrJncipal PaYTllE!nt Dat:es II means the first day of September', in thE! years 1990 through 1998, inclusive, or unt:il such time as the aggregate principal amount of the Bonds has been paid or proviston is made for the payment thereof, ItPurchase Pricelt accrued interE!st to $ _._..........._.........................................._J ' means the par value the date of delivE!ry of the [plus a Bonds plus prE'rniurn of "Recor'd Dates" means thE! fiftE!enth day of each month preceding the Interest Payment Dates of each year the Bonds are Outstanding. "Yield" means thE:! discount ratE! lAlhich, when used '.in comput:ing t:hE! present lA)orth of all pi:.tymE!nts of pr'incipal and i ntE!rE! s t t:o be paid on an obI iga t'.ion, produ c E! s an amou nt equal to thE! purchase price of such obligat:Jon, The Yield on both the Bonds and any Nonpurpose Investments shall be calculated by the USE! of the samE! frequency int:~~rva1. of cornpoundi.ng int.E!r'E!st, In cornpul:.ing t.he YJeld on the Bonds, the purchas~~ price shall equal: (a) for' a pubLi.c offerin~l, UH~ inittal offering price of t:he Bonds to the public (not includinq bond hOUSE!s and brokers, or sim'.ilar persons or organizat.ions acting in the capaci.t:y of under'IAJI"tt:.E!rS or IAlholesalers) at:. IAJhtch price a substanttal amount of each maturit.y of the Bonds were sold, or -.6-. 8646B (b) for a private placernent., the price paid by the first. buyer of thE! Bonds or t.he acquisit.ion cost of the first buyer. .8JLTI~LE_JI AUTHORIZATION OF THE BONDS 9 e ,~~J: i QXL? 0 1 . flJ:l-1b.9 r i ~iiQ..r.L_...p f::...__i!.n9_.._ S e cur it Ij for the ..~onds. There shall be issued and hereby are authorized and directed to be issued the General Obligation Bonds, Series 1988, of the Cii:y in t.he principal amount of $399,4'77,43, for the purpose of providing funds to pay the cost of the ImprovEHnents. ThE! Bonds shall be general obligations of the Ci ty payable as to both principal and interest from special assessments levied upon the property benefited by the construction of the Improvements and, if not so paid, from ad valorem taxes which may be levied without limitation as to rate or amount upon all i:he taxable tangible property, real and personal, IAli thin the terri torial 1 irni ts of the Ci ty , The full fai th, c redi t and resources of the City are hereby pledged for the payment of the pri nci pal of and i nteres t on thi s Bond and the is sue of whi c h it is a part as the same respectively become due. ? E! c:.tiQ1L.~Q..?.. . P_~.~~...~..r..i..p...t.iQ.!J..__.o f...__th.~__.....!t(.L'l~ . The Bon d s s hall consist of fully registered bonds in the denomination of $5,000 or any integral multiple thE~reof, except one Bond tAJhtch shall be in the denominat:':i.on of $4,lrl'7.ln, and shall be numbE!red in such mC:'lnnE!r as the Bond Regtstrar' sha11 dE!tE!rminE!. All of the Bonds shall b(~ datE!d September I, 1988, shall. become due on the Principal Payment Dates, and shal.l bear' interest from the date thereof as fol.lows: MATURITY ~E ~I!..M.!H~...!L...l 1990 1991 1992 1993 1994 1995 1996 199'7 1998 PRINCIPAL. AMOUNT ..-....-.........--.-................- INTEREST RATE ..---..------ $4A., 4.7'7 . 4.3 4.5,000,00 4.5,000.00 l~5,OOO.00 4.5,000.00 45,000.00 4.5,000.00 45,000.00 4.0, 000 , 00 -_.% % -..-.._% ....-.._% -._% % -..-...-....% ...--......% -..-.............% -7..- 8646 B Int.erest: on t.he Bonds at thE:! rat(~s aforE~said (computed on the basis of a 360.-day year of hlJelvE! 30..-day months) From the most Y'E!Cent Int.ey'est Payment Dat.e to lA/hich int.E!rE!st has been paid or duly provided for, shall bE! payablE! on t.he IntorE!S t Pa yme n t Da t.e s to the OlAmers th(~1reof whos 0 narrH:! s appe a ran th e books maint.ained by the Bond Registrar at the close of business on the Record Dates. ?gs...t.ig-.rL.~ QI . Q.~_s ~.9.D_~.t. i Q..rr.........._.9..f::_........J~f!yj~..Q5L.................~.sLQ..Q..t....._.__a n 9......----1!..9-.!1ft ..R..~.gi..~...tr..~..!:. The TreasurElr of l:he Stal:e of Kansas, Topeka, Kansas, is hereby designated as the Paying Agent and Bond Regis t.y'ar for thE! Bonds. The Mayor and Ci ty Clerk of the Ci ty are hereby authorized and empowered to execute on behalf of the City an agreement with the Bond Registrar and Paying Agent for the Bonds, S e c t ion 204- . ~ e t ~Jg_g_....._ a Q.9__.. P l.~. c e _.....9 f............P-EJLffi.Q..r.!..t._9f....._ the _...... B 0 !J~ The -py:Tnc'iF,"alof, premium, if any, and interest on the Bonds shall be payable in any coin or currency which, on t.he respect:ive dates of payment thereof, is legal tender for the payment of debts due the United States of America. The principal of and any premium on the Bonds shall be paid to the Regi S tered Owner of €lac h Bond u pan pres enta tion of the Bond at the maturity or redemption date to the Paying Agent for cancellation. The interest payable on the Bonds on any Interest Payment Date shall be paid by check of draft mailed by t he Paying Agent to the Regi s tered Owner of E!aC h Bond a t the Regi s tEl rEld Owner Is addrE!s s as it appears on the regi s tra tion books of the City maintained by t.he Bond Regist.rar as herEdn providEld or at such ot:her address provided in wY'it.ing by such Registered Owner t.o the Bond Regist.rar on the Record Dates. The paymE~nt Bonds. Paying Ag(~nt of principal shall keep of, py'emiurn, :in if i t.S any, officE!s a recoy'd of and interE!st on all ~?..~f...t.j.._9...!l_2..Q..2 ' ~~.t..tt.~~.9_........_Qf__f::...~~.f...~...tt.2n.........._~_Q.9..........i)...!:l.J...h..~...r.:Ltif..f!.t.j:.9....r.!...._....9i. ..t;.h~..........~..2D..g.?_. The Bonds shall be eXE!CutE!d fay' and on bE!half of the City by t.he manual or facsim:ile signature of the Mayor, att.ested by t.he manual or facsimile signature of the C:ity Clerk and the seal of the City shall be affixed thereto or imprinted t.hE!rE!on. rhe Bonds shaLl be registered in the offtce of the City Clerk, which registrat.:ion shall be evidenced by the manual or facs-.i.m:iIE! signature of l:he City C1.el"k IAlith t:he seal of the Cit.y affixed t.herE:1to or imprintE!d theY'E:1On. The Bonds sh<:\1.:1 also be registered in the office of the State Treasurer, which registration shall be evidenced by the manual or facsimile siqnaturE! of t:hE! StatE! TrE:1asurer IAlit:h the seal of l:hEl State 'rreaSUY'ElY' affixed U1ElY'Ed.:o or imprintE:H;I ther'eon. In l:he event that any of the afor'(!menl'.:ioned ofFtcers shall c(~ase to hold such offices beforE:! the Bonds arE:1 issued and c1elivE:'rElcl, t.he 13 0 n d s Inil y be oi s s u ~:! cI and t ran sf c-! r I" E! d t~ () 0 t h E~ r OlAlI1 El r s a s I: h 0 ugh -8-. 86 '16 B said officers had not ceased to hold office, and such signatures appearing on the Bonds shall be valid and sufficient for all purposes as if they had remained in office until such issuance or transfer. ThE! Bonds shall. not be valid obligations under the provisions of the Ordinance until authent:icatE!d by the Bond Registrar or a duly authorized representative of the Bond Registrar by execution of the Certificate of Authentication appearing on each Bond. It shall not be necessary that the same representative of the Bond Registrar execute the Certificate of Authentication on all of the Bonds, -~.~.~.,.!;.t.Q.n__?'Q.2. . J1~:.9..t2.j;.r:? t ion, T r ~ n _~ f ~.!:-_.. a r:!..<.;I__.~~,.~~.l!.9..g___Qf !tonQ2... As long as the Bonds remain Outstanding, the City shall cause the books for the registration and transfer of the Bonds as provided in the Ordinance to be kept by the Bond Registrar. Upon presentation of the necessary documents as hereinafter described, the Bond RE!gistrar shall transfer or exchange any Bond(s) for new Bond(s) in an authorized denomination of the same maturity and for the same aggregatE! principal amount as the Bond(s) which was presented for transfer or exchange. All. Bonds presented for transfer or exchange shaII be accompanied by a written instrument or instruments of transfer or authorization for exchange, in a form and lAdth guarantee of signature sat:isfactory t:o the Bond Registrar, duly E!xecuted by the Registered Owner thereof or by the Registered Owner's duly author'ized agent:. In addition, alI Bonds pr'esented for transfer or exchange shall. be surrendered to the Bond Registrar for cancellation, Prior to delivery of the new Bond(s) to the transferee, the Bond Registrar shall register the same in the registration books kept by thE! Bond Registrar for such purpose and shall authenticate each Bond. The Cit.y shall. payout of the proceeds of the Bonds the fees of the Bond Registrar for registration and transfer of the Bonds and t:hE! cost. of prinU,ng a r'easonab1e supply of registered bond bl.anks, Any additiona1 costs or fees that might be incurred in the secondary market, other than fE!es of the Bond Registrar, are the responsibil.ity of the Owners, The City and the Bond Reg:istrar sha1l. not be r'equirE!d to iSSUE!, r'~~g'isb'~r, transfE!r or' E!xchi:ilnge any Bonds during a portod beginni.ng on the day foll.ol^Ji.n~~ the RE!cord Dab:! precedin~l iHlY Int:.er'E!st PaymE!nt Date and ending at: the close of businE!ss on the Interest Payment Date, or wi.thin 30 days of a date on wh'ich Bonds are rE!deE!lnE!d after' not:'ice of such rE!demptton has beE'n given in accordance with Artic1e III of this Ordinance, -9- 8646 B New Bonds delivered upon any transfer or exchange shall be valid obligations of thE! Ci ty, evidencing the same debt as the Bonds surrendered, shaLl be secured by the OrdinancE! and shall be entitled to all of the security and benE!fits hE!reof to the same extent as the Bonds surrendered. The City, Bond Registrar and Paying Agent may deem and treat thE! person in lAlhose name any Bond is r'E!gistered as the absolute owner thereof, l.IJhether such Bond shall be oVE!rdue or not, for the purpos~~ of receiving payment of, or on account of, the principal of, redEHnption premium, if any, and interest on said Bond and for all other purposes, and all such payment so made to any such Registered Owner or upon the Registered Owner1s order shall be valid and effectual to the extent of the sum or sums so paid, and nei ther the Ci, ty, Bond Regi s t.rar and Paying Agent shall be affected by any not.ice to the contrary. Section 207. Surrender and Cancellation of Bonds. W hen eVE! ran yOu t s t a-n'(f:Cn g'''-80 1'1 ds'''- s ~ia~fJ:""'-'b"e''''''-deTTv'e-r e d'''''t''o''-'''f"i1e'''-''Bo'n d Registrar for cancellation pursuant to t.he Ordinance, upon payment of the principal amount thereof and interest thereon or replacement pursuant to the Ordinance, such Bond shall be canCelE!d by the Bond RE!gistrar and the cancelE!d Bond shall be returned to the City Clerk. S e c t ion 2 0 8 . M l!.tt!..~...t e g..L.-1..Q.~J:;..L__..~..t 01.~.r.l......,g_r._.......p...f~~..t.r.:Qy"q._c;!...........~Q!J.9._~_ ' In the event any Bond "is muti.lat:ed, lost, stoh~n or' destroyed, the City may execute and the Bond Registrar may authenticate a new Bond of like date, maturity, denominat"ion and interest rate, as that mutilated, lost, stolen or destroyed; provided, t:hat in the case of any mutilated Bond, such muti.lat:(~d Bond shall first be surr'endered to the City or UlE! Bond Registrar, and, in the caSE! of i:ilny lost, stolen or destroYE.d Bond t:here shall be first furnished to the Bond Registrar and the City evidence of such loss, thE!ft or destruction satisfactory to them, together lAJi.th an indemnity satisfactory to the City and the Bond Registrar. In the event. any such Bond shall have matured, instead of issuing a duplicate Bond, the City and Bond Registrar may pay the same without surrender thereof. The City and Bond Registrar may charge to the RegistE!red Owner of such Bond their reasonable fees and expenses in connection with replacing any Bond or Bonds muU.lated, stolE!n, lost or destroyed. ~..~!_<;:..tj_~.~.Q..~.. . IS~r.r.!.P..9.r.:..~.r.:.lL...~.9._,IJ.Q..~. . U 1'1 t"i 1 d E! fin i t i v e Bon d s are prepared, the City may execute, in the same manner as is provided in the Ord"inance and upon the request of the City, the Bond Registrar shall authenticate and deliver, in lieu of definitive Bonds but subject to the same provisions, limitations and condit"ions as the definitive Bonds, one or more tE!mpOrary Bonds substant:i.al.ly of the tenor of the defi.nitive Bonds in lieu of which such temporary Bond or Bonds are issued, in denominaU.ons aut.hor'ized her'ein, author'izE!d by the City and with such omissions, insertions and variations as may be -10..... 86468 appropriate to temporary Bonds, shall prepare and execute and, temporary Bonds for exchange and surrendered temporary Bonds, authenticate and, wi thout charge in exchange therefor definitive principal amount and maturity surrendered. ThE:1 City at its olAm expense upon the surrender of such upon the cancellation of such the Bond Registrar shall to the OWnE!r thereof , deliver Bonds of t:he same aggregate as the temporary Bonds If the City shall authorize the issuance of temporary Bonds in more than one denomination, the RE!gisterE!d OIJJner of any temporary Bond or Bonds may, at such Registered Owner's option, surrender the same to the Bond Registrar in exchange for another temporary Bond or Bonds of like aggregate principal amount and maturi ty of any other authorized denomination or dE!\1orrdnations, and thereupon the City shall execute and the Bond Registrar shall authenticate and, upon payment of any applicable taxes, fees and charges, shall deliver a temporary Bond or Bonds of like aggregate principal amount and rnaturi ty in such other authorized denomination or denominations as shall be requested by such Owner. All temporary Bonds surrendered in exchange either for another temporary Bond or Bonds or for a defini t:ive Bond or Bonds shall be forthwith canceled by the Bond Registrar. .? e c t ton 2 1 0 . ..~~~...~..~.tiQlL.._..~.EL9-.~1..i~gJ.:Y.._Q..t~..t h ~:........-1!.9 n 92 . The Mayor and City Clerk are hereby authorized and directed to prepare and execute the Bonds in the manner hereinbefore specified, and to cause the Bonds to be register'ed in the officE!s of the Ci ty ClE!rk and the State TrE!aSUrE!r as providE!d by law, and, when duly executed and rE!gistered, to deliver the Bond s to the Or'igi na 1 Purc ha s er , upon r(~ c eipt by the Ci ty of the Purchase Price, Se ~...tion ----.?::JJ... Offi cial Sta tement . The Ci ty hereby ra ti fies and confir'ms''''''''''''''rt~s--priora"j:)p''roval of the form and content of the Official Statement prepared in the initial offering and sale of the Bonds and hereby approves the form and cont:E!nt of any addE:1I1da, supplement, or amE!ndment thereto. The use of such Official ~3t:atli:1mE!nt in the reoffE!ring of the Bonds by the Original Purchi:~ser is hereby approvE!d and authorized. The proper officials of the City are hereby authorized to E:1Xecut:E! i:"nd delivE:1r a cE!r'tificatE! pertaining to such Official Statement as prescribed therein, dated as of the date of payment for and delivery of the Bonds. -11- 8646B .~B.I.J....~J::J~.......I tI REDEMPTION OF THE BONDS ~..~~~:..t...:!..9D_.?..Q1.. . QE..t.j.:g.,r.!..~]~._..Ii~s!_~JnE.t. i.g..n.. . Bon d sma t u r i n gin the years 1989 to 1994, inclusive, shall bE!comE! due lAdthout opt:ion of prior payment. At the option of the Ci t.y, Bonds maturing in t.he years 1995 and t.hereafter may be called for redemption and paymE!nt prior to maturity in lA/hole or in part. (selection of Bonds to bE! designated by the City in such equitable manner as it may deterrn:i.ne) on September I, 1994, or on any Interest Payment Date thereafter at the redemption price of 100% (expressed as a percentage of the princ:i.pal amount), plus accrued interest thereon to the date of redemption, Sect:i.on 302. Selection of Bonds to be Redeemed. The Bon d s-s"i1aTl be red e ernE! a......c;..j, fy- i I')'-''''i;h e --""p'r~:rn-cTp a I . a mo u 1'1 t 0 ( $ 5 , 000 or any integral rnul tiple thE!rE!of. When Ies s than all of the Bonds are to be rE!deE!med and paid prJor to maturity, such Bonds shall bE:1 redeem~~d in such mann~~r as the City shall determinE!, Bonds of less than a full matur'ity to be selected by lot in units of $5,000. In thE! case of a partial redemption of Bonds by lot when Bonds of denominations greater than $5,000 are then Outstanding, thE!n for all purposes in connection with such redemption each $5,000 of face value shall be treated as though it lA/ere a SE!parate Bond of t.he denominat.ion of $5,000, If it. is dE!t.ermined that one or' more, but: ned'.: all, of the $5,000 unit.:s of face value r€:!presentE!d by any Bond is select.ed for redemption, then upon notice of intention to redeem such $5,000 u I'd tor' u 1'1 its , the OlAJI'l e r 0 r the OlAm e r 's d u 1 y aut h 0 r i zed age 1'1 t shall forthwJth prE!SE!)'lt: and SUrrE!)'lder such Bond t:o l::he Bond RE!gistr'ar: (i) for payment of the r'eclempt.ion price (including the redEHnption, if any, and inter'est to the datE! fixE'd for rE!dE:Hnpt.~i.on) of the $5,000 unit. or' units of face value caIled for redemption; and (".ii) for exchange, IAdthout charge to t:he OIAmer' thereof, for a new Bond(s) of thE:1 aggrE!gate principal amount: of the unrE!dE!~Hned port.ton of the pr'inC"ipal amount of such Bond, If the OlAJI'ler of any Bond of a denorrril1i.'ltion great.er than $5,000 shall fail to present such Bond as aforesaid, such Bond sha~1.1, nevert.heless, become due and payable on the redemption date to the extent of the amount called for rE:1dempt.ion, ~..~!..~.:..tt9.n.._...iLQJ.. ' ~g..t7.t..~..~~......9...L....!Lq..g...~.!~!E.t.J.9..n. . U n 1 e s s lA/a i v E! d by any OIAJI'l E! r' 0 f Bon d s to b 0 rod E! em E! d , if thE! C i t Y s haIl c a 11 any Bonds for redemption and payment prior to t.he maturity t.hereof, the City shall give writton notice of its intention to call and pay said Bonds on a spocified date, the same being described by rnat:uri.ty, said not:icE! to be rnailE!d by Unit.ed ~3ti"t:E!S certified mail addressed to the Owners of said Bonds, to the State Treasurer of Kansas, to the Original Purchaser of the Bonds and -.12-.. 86468 to the Paying Agent, each of said notices to be mailed not less than 30 days prior to the date fixed for redemption. The City shall also give such additional notice as may be required by Kansas law in effect as of the date of such notice. All official notices of redemption shall be dated and shall state (1) the redemption date, (2) the rE!demption price, (3) if less than all Outstanding Bonds are to be redeemed, the idE!ntification (and, ':in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed, (4) that on the red~~mption date the redemption price tAdl1 become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date, and (5) the place lA/herE! such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the principal office of the Paying Agent. Prior to any redemption date, the City shall deposit with the Paying Agent an amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Paying Agent at the redemption price. Installments of interest due on or prior to the redemption date shall bE! payablE! as herein provided for payment of interest, Upon surrender for any partial redemption of any Bond, there shall be prepared for the RegisterE!d Owner a new Bond or Bonds of the same maturity in t.he amount of the unpaid principal. All Bonds which have been redeemed shall be cancelled and destroyed by the Paying Agent and shall not be reissued. 9.,~fl..:;!,..Q..r.LJ Q.1 . J~.f..f...~..f..t.-2.L~ a 11..-f.QL-R~9..~.!!!PJ 1. 0 n , W hE! n eve r' c~ n y Bond is caLled for redemption and paymE!nt as provided in this Article, all tnterE!st on such Bond shall cease from and after the date for which such call is made, provided funds are available for its payment at the prtce hereinbefore specified. A RT I C.1-~_) V FORM OF THE BONDS 9..g..~...t.tQ.!L_4QJ.. . L~~}=.IT.!......_...9.X_._.t h €'~__....Q..Q!J.9._~ . The Bon d s s haIl be pr'inted in accordi:il.nce IAdth the for'mat requir'ed by thE! AttornE'y Gener'al of the State of Kansas and shall contain information substantially in the form submitted to the governing body concurr'E'ntly with the passage of the Ordinance or as may bE! required by the Attorney General pursuant to the Notice of Systerns of RE!gish'ation for Kansas Municipal Bonds, 2 Kan. RE!g. 921 (1983),Jn accordanCE! IAJith the Kansas Bond I~E'gish'ation Law, K,~). A. 10.....620 to 10...632, inclus:ive, .....13-. 86468 ft.R.Lt<;J:J~....Jt ESTABLISHMENT OF FUNDS AND ACCOUNTS ?~..f.J::i.Q..!l._?Ol... Creation of Funds and Accounts. S i mu 1 t: a n e 0 u sly wi t h t h e.....-:cs-s..u';i-ii.c-e--of-...The-.....E3""oi,.cfs..:--'FFi.E~r'e -s.h'a 11-5" e created within the Treasury of the City the following funds and accounts: (a) Improvement Fund for the City of Bel Aire, Kansas, General Obligation Bonds, Series 1988; (b) Principal and Interest Account for the City of Bel Aire, Kansas, General Obligation Bonds, Series 1988; and (c) Costs of Issuance Account for the City of Bel Aire, Kansas, General Obligation Bonds, Series 1988. ?~..f t ion _5 q.2. . Ad mi r.Lt~Lt r:.~.t.:..~_9..!!._ 0 f __L.!.-!.n9 s ._.__~.!lg__~.f..~.9...u n t s . The funds and accounts established hE!rein shall be administered in accordance with the provisions of the Ordinance so long as the Bonds are outstanding, fl.!F I ~b.E;_.'y..!" APPLICATION OF BOND PROCEEDS ~.~.~..t.i_<?.lL..2.Q'!" . Q i ~E o..~.ttt 0 11_,_9.J:~._.!!.9.l!.9_J~'!:Q_<2..~S=! d_~. . The pro c e E! d s of the Bonds, upon issuance and delivE!ry thereof, shaI1 be deposited as follows: (a) In the Principal and Interest Account, a sum E!qual to the accruE!d intE!r'est and any premium paid on the Bonds. Moneys in the Principal and Interest Account. shall b(~ used exclusively for thE! payment of the principal of, pr'EHnium, if any, (HId interest on t:he Bonds and for the payment of Paying Agent fees, (b) In the Cost of IssuanCE! Account, the sum of $11,190.89. Moneys in the Cost of Issuance Account shall be used to pay the Costs of IssuancE~, Any funds r'ema:ining in the Cost of Issuance Account 30 days prior to the first Pr':inctpal PaYnlE!nt DatE:1 sha11 bE:! transfE!rr'ed to the Principal and Int:erE!st Account 17.0 pay a port.ion of the ftrst principal due on the Bonds. (c) The balance of the proceeds of the Bonds shall be de pas t t B d by thE! C it Y , i mm e d i. ate 1 '1 up on r 0.1 c e:i p t , in tot h e Improvement Fund i:'lnd shall be US0.1d solely for UlE~ pur'pose of paying the costs of the Improvements, inclUding the rEd:.irement of the pr'incipal of and any interest on temporary financin~l therefor', The City COVBnant.:s that. in the const::ruct:.ion of l:.he IrnprOVemE!I'lts, it IAd.11 p(~rform all -- 14- 864.6 B duties and obligations relative to such Improvements as are now or may be hereafter imposed by the Act and the provisions of the Ordinance. 1i~..c tion .2..92. WJ t hdrawal s from i;b_~_..l.m..E.!:.9_~_~t:neQ.t Fu !J..Q . The City Treasurer shall make withdrawals from the Improvement Fund solely for the purpos(~ of constructing the Improvements. Such withdrawals shall be made only on duly authorized and executed lA/arrant accompanied by a statem(~nt of the City Administrator, approved by the Ci ty Cou nci I, that sue h payment is being made for a purpose within the scope of constructing the ImprovE!ments, and that the amount of such payment represents only t:he contract price or reasonable value of the property, labor, materials, service or obligation being paid for, or if such payment is not being made pursuant to an express contract, that such payment is not in excess of the reasonable value thereof. Section 603. Surplus in the Improvemen'L_Lund. All moneys remain:Cng in the Improvement Fund after the completion of the Improvements, as certified to by the City's engineers, shall be transferred immediately to the Principal and Interest Account and applied to the next installment of principal due on the Bonds. ARTICLE VII PAYMENT OF THE BONDS Section 701. Levy and CollectiQ..!J.._.9L-B.!l!!.\d.al Tax. The govern1. ng body of the Ci ty shall annually ma k e provision for the payment of principal of, premium, if any, and interest on the Bonds as the same become due by levying and collecting the necessary taxes and/or assessments upon all of the taxable tangible property within the City in the manner provided by law. ThE! taxE:~s and/or assessments above referrE:~d to shall be extended upon the tax rolls in each of the several years, rE!spE!ctively, and shall be levied and collected at the same time and in the same manner as the general ad valorem taxes of the City are levied and collected, and the proceeds derived from said taxes and/or' assessments shall be deposit:ed in t:he Principal and Interest Account, If at any time said taxes and/or assessments are not collect:ed in t.imE! to pay the prJ.nd.pal of or inter'est on the Bonds lA/hen due, the City Treasurer' is h(~r~~by authorized and directed to pay said principal or interE!st out of the general funds of the City and to reimburse said general funds for money so expended when said taxes and/or assessments are collected, .-15.- 8646 B ~~!sJ i_ 0 n.._.l,Q_?,. ' fl.E..eI.~.:.f.~_t1..Q..!l......9.f_._~ q.!J..~~Y...~.._iD._...~h e _.EX'.. i r.l.~.1.E..a 1.__..E...!1 d Jnter:..~!...~J;._...._~..fCOl!D..t. All amoun'l:s pi:dd and creditE!d to the Principal and Interest Account shall be expended and used by the City for the sole purpose of paying the principal of, premium, if any, and interest on the Bonds as and when the same become due and paying the usual and customary fees and expenses of the Paying Agent. ~g..~...ti9n 70~... Tra..rJ.~f€'~-'=-...9...:L FUIJ9s to Payin..9..._.fl.gen,t. The Ci ty Treasurer is hereby au1:horizE!d and directed to wi thdraw from the Principal and IntE!rest Account and forward to the Paying Agent sums sufficient 1:0 pay both principal of and premium, if any, and interest on the Bonds as and when the same become due, and also to pay the charges made by the Paying Agent for acting in such capacity in the payment of principal and interest on the Bonds, and said charges shall be forwarded to 1:he Paying Agent over and above the. amount of the principa1 of, premium, if any, and intE!rE:~st on the Bonds. If, through the lapse of time, or otherwise, the Owners of Bonds shall no 10nger be entitled to enforce paymE!n1: of their obligations, it shall be the duty of the Paying Agent forthwith to return said funds to the City. All monE!YS deposited with the Paying Agent shall be deemed to be deposited in accordance with and subject to all of the provisions contained in the Ordinance. S e c t ion 704 . ~h'-!:.EJ u_~_.:t!L.....P r i n c i E. a 1-E_!1 d _JD t ere ~.L..J~ c c .2..l:!..IJ.,t. . Any moneys or investments remaining in the Principal and I nterE! s t A c count. after the ret.i. rement of t.he i ndebt.ed ne s s for which the Bonds tAlere iSSUE!d and all other ind(~btE:~dness of the City shaI1 be transferred and paid into the gE!I1E!ral revenue fund of the City. ft ~.LL~.bJ~_...~~ I I DEPOSITS AND INVESTMENT OF FUNDS Section 801. Q..g.E.5L~...'Lt~. Cash moneys in E~ach of the funds and accounts her'Edn cr'eated and established shall bE! deposi'\:(.~d in a bank or banks or fE!deral or state chartE!red savings and loan association(s) with home offices Iocated in the City, which are mE!mbers of the Federal Deposit Insurance Corporat.ion or the FedE!ral Savings and Loan Insur'ance Corporation, and all such deposit.s shall be adequately secured by the bank or banks or savings and loan associations holding such deposits in accordance wit.h Kansas law. Section 802. I.IJ..':!...~.~_~...t.!:r.!..~.!J..t~... MonE!YS he1d in thE! funds and accoull..Cs...-....iier.e-in creab;!(j or est.ablished 'in conjunction lArith the issuance of t.he Bonds may be invested by the Cit.y in Authorized InvestmE!l1t.s, or in o1:hE!r tnv(~st.ments al10lAJed by Kansas 1 at", in such amounts and rnat.ur'ing at such timE:!s as shaI1 reasonably provide for moneys t.o be available when required in said account.s or funds; provided, hOlA/E!ver, thclt. no such i.nvestment ..-16- 8646 B shall be made for a period extE!nding longer than to the date when the moneys investE!d may be needE!d for i:he purpose for which such fund or account was created. All interest on any Authorized Investment held in any fund or account shall accrue to and become a part of such fund or account. In determining the amount held in any fund or account under the provisions of the Ordinance, Authorized Investments shall be valued at their principal par value or at their then redemption value, whichever is lower. ARTICLE IX DEFAULT AND REMEDIES Section 90!.. ..Remedies. The provisions of the Ordinance, including the covenants and agreements herein contained, shall constitute a contract behveen the City and the Owners of the Bonds. The Owner or Owners of any of the Bonds at the time Outstanding shall have the right for the equal benefit and protection of all Owners of Bonds similarly situated: (a) by mandamus or other sui t, ac tion or proceedi ng s at law or in equity to enforce the rights of such Owner or Owners against the City and its officers, agents and employees, and to require and compel duties and obligations required by the provisions of the Ordinance or by the Constitution and laws of the State of Kansas; (b) by suit, action at law to require the employees to account as express trust; and or other proceedings in equity or City, its officers, agents and if they were the trustees of an (c) by suit, action or other proceedings in equity or at law to enjoin any acts or things which may be unlawful or in violation of the rights of the Owners of the Bonds. S f?~ c t i o.ll-292 . ..!:.:..t.!!!.t.t~J :L,<?J.1_ 0 L...-'.t!:-9.. h ~L...Qf....._...~9.. n 9 ow n e r:.~ . The covenants and agreemE!nts of the Ci ty contained herein and in the Bonds shall be for the equal benefit, protection, and security of the Owners of any or all of the Bonds, all of which Bonds shall be of equal rank and without preference or priority of one Bond over any other Bond in the application of the funds herein pledged to the payment of the principal of and the in t ere s ton t h c::1 Bon d s ,or 0 the rlAJi s e , ex c e p t as tor ate 0 f interest, date of maturity and right. of prior r(~demption as provided in thE! Or'dinance. No one or morE! Bondowner's securE!d herE!by shall haVE! any right7. in any mannE!r what(~v(~r by his or their action to affE!ct, disturb or prE!judiCE! the security grantE!d and provided for hE!rE!in, or to enforCE! any right hereunder, E!XCE!pt in thE! manner hE!rein providE!d, and all proceE!dings at 1 alA! or in E!quity shall be instituted, had and maintainE!d for thE! equal benE!fit of all Owners of such Outstanding Bonds. -17- 864.6B SE!ction 903. RemE!diE!s Cumulative, No remedy conferred her e iI1._.....l:ij:>on-rfl.e. B 0 I";CfOI~'i1.(~ rs""- i -s-T"i1t e n <:ie-a' to bee xcI u s i v e 0 fan y other remE:1dy, but each such remE!dy shall be cumulative and in addition to every oth(~r' remedy and may be exercised lAJithout exhaus ting and lAJ:ithout regard to any other remedy conferred herein. No waiver of any default or breach of duty or contract by the Owner of any Bond shall extend to or affect any subsequent default or breach of duty or contract or shall impair any rights or remedies thereon. No delay or omission of any Bondowner to exercise any right or power accruing upon any default shall impair any such right or power or shall be constr'ued to be a lJ.laiver of any such default or acquiescence therein. Every substantive right and every remE!dy conferred upon the Owners of the Bonds by the Ordinance may be E!l1forCE!d and eXE!rcised from timE! to time and as often as may be deemE:1d expedient. In case any suit, action or proceedings taken by any Bondowner on account of any default or to enforce any right or (~xE!rcise any remedy shall have been discontinued or abandoned for any reason, or shall have been determined adversely to such Bondowner, then, and in every such case, the City and the OWnE!rS of the Bonds shall be restored to their former posi tions and rights hereunder, respectively, and all rights, remedies, powers and duties of the Bondowners shall continue as if no such suit, action or other proceedings had been brought or taken. ARTICLE X -..-.........--.-..- AMENDMENTS ?.~..~.J: i g_I.l._..lQ.Q.l. A rl"!.~~..!1 d.!!l e I!.!:~.. . E x c e p t ass e t for t h her e in, the provisions of the Bonds authorized by the Ordinance and the provisions of thE! Ordinance may be modified or amended at any time by the City with the written consent of the Owners of not less than seventy-fivE! per cent (75%) in aggregate principal amount of the Bonds herein authorized at the time Outstanding; providE:!d, howevE!r, that no such modification or amendmE!nt shall permit or be construed as permitting: (a) the extension of the maturity of the principal of any of the Bonds, or the extension of the maturity of any interE!st: on any of the Bonds, or (b) a rE!duction in the prind.pal amount of any of the Bonds or the r'ate of interE!st t:hereon, or (c) a reduction in the aggr'E!gat:e principal amount of the Bonds; the consent of 100% of the Ow n e r s 0 f IJJ h i chi s r E! qui red for any s u c h a rn E! n d m E! n tor modification. The City may from time to time, without the consent of or notice to any of the Owners, provide for amendment to the Bonds or the Ordinance, for anyone or more of the following purposes: (a) To cur'E! any ambiguity or formal defect or omission in the Ordinance or to make any other change not prejudicial to the OIAlI'lE:1rS; -18-.. 8646B (b) To grant to or confer upon the Owners any additional rights, remedies, powers or authority that may lawfully be granted to or conferred upon the Owners; (c) To more precisely identify the Improvements; (d) To provide for the issuance of coupon bonds and the exchange of fully registE!red Bonds for coupon bonds upon such terms and conditions as the City shall determine provided, however, that no such amendments shall become effective unless and until the City shall have received an opinion of Bond CounsE!l in the form and substance satisfactory to the City, to the effect that the issuance of such coupon bonds or the exchange of Bonds for such coupon bonds will not CaUS(1 the interest on the Bonds to be includible in the gross income of the recipients thereof under the provisions of applicable federal law; or (e) To conform the Ordinance to the Code or future applicable federal law concerning tax-exempt obligations. ~~~~iQn 1002. Written Evidence of Amendments. Every amendment or mOdificatfon-Of-a-provis'ion of the Bonds or of the Ordinance to which the written consent of the Owners is given as above provided shall be expressed in an ordinance of the City amending or supplementing the provisions of the Ordinance and shall be deElfned to be a part of the Ordinance. It shall not bE! nE!CeSsary to note on any of the Outstanding Bonds any reference to such amendment or modification, if any. A certified copy of every such amendatory or supplemental ordinance, if any, and a certified copy of the Ordinance shall albJaYs be kept on file in the Office of the City Clerk and s hall bE! made avai labl e for ins pe c tion by the Owners of any Bond or prospective purchaser or Owners of any Bond authorized by the Ordinance, and upon payment of t:he reasonable cost of preparing the SalTJE:1, a certified copy of any such amendatory or supplemental ordinance or of the Ordinance will be sent by the City Clerk to any such Owner or prospective Owner. .8..KII.~ L J~._.._X.:! DEFEASANCE S e c t: ion 1 10 1 . g_~~..fg? ~.a lJ.f..~ . W hen all 0 ran y par t 0 f the Bond.s.........i:;"ri.d--fnt-E;..r::-e-st thE!r'eon shall haVE! bElen paid and discharged, then the requirements contained herein and the pledge of rE:WerllH!S made her'E!UndE!r and all other' rights gr'antE!d herE!by shall CEli~se and dE!ter'rrrine. Bonds shall be deemed to hi."lVE! belen paid and discharged within the meaning of the Ordinance if there shall have been deposited with the Paying Agent or a bank located in the State of Kansas and having full trust powers, at or prior to the mat:ur'ity or redE!rnption date of the Bonds, in trust for and ir'rE:1vocably appr'opriated t.herE!to, moneys and/or .-19.- 8646B direct obligations of, or obligations the principal of and interest on which are guaranteed by, the United States of America, or other investments allowed by Kansas law which. together l"lith the interE!st to be earned on such investment:s. will bE! sufficient for the payment of the principal of the Bonds. the rE!demption premium thereon. if any there be, and interest accrued to the date of maturity or redemption. as the case may be. or if dE:~faul.t in such payment shall have accrued on such date. then to the date of the tender of such payments. provided always that if any such Bonds shall be redeemed prior to thE! maturity thereof, the City shall have E!lected to redeem such Bonds and notice of such redemption shall have been given. Any moneys l;.lhich at any time shall be deposit.ed with the Pay i ng Agent. or said Kans as ban k by or on be hal f of the City, foy' t.he purpose of paying and discharging any of the Bonds shall be and are hereby assigned, transferred and set over t.o t.he Paying Agent or such Kansas bank in t.rust for the respect:ive Owners of the Bonds, and such moneys shall be and are hE!reby irrE!vocably appropriat.ed to the payment and discharge thereof. All moneys deposited with the Paying Agent or said Kansas bank shall be deemed to be deposited in accordance with and subject to all of the provisions contained in the Ordinance, ARTICLE XII MISCELLANEOUS PROVISIONS S E!..~..t i.2..!l._..1..g,Q.1. .s~J.::...e p t i Qil_._..ff c~. R e Q~!; e _.B..€':.9. u i r.Q!!!..~~f.I t .~. . The City makes the following representations in connection with the exception for small governmental units from the arbitrage rebate requirements under Sect.ion 148(f)(4)(c) of the Code: (a) 95 perCE!rlt Bonds are t.O be used the City; and or morE! of the net proceE!ds of the for local government.al. activities of (b) the aggregate face amount of all t.ax-exempt bonds (other than private activity bonds) issued by the City dur"ing thE:1 calendar year that the Bonds arE! "issued "is not reasonably expected to exceed $5.000,000. ~.~.~..~_.ti..9._rL..1.? Q.? ' Q..€'~.~..j.:.9..!!.~..!;.i9...D..__9..LJlg.n.Q1>_...._~Q.!:!J:lJ~.tLt...g.g.......I.~.x -=f.~25.g!.!1.E..t .9.t.?.:!j.g..i.~..!;..t..2.n.~. rhe CJty hE:~reby designat:E!s the Bonds to be IIqualified tax.'.E!Xernpt ob1.igationsll as such tE!rm is dE:1fined in Section 265(b)(3) of t:he Code. In addit"ion, thE! C"ity hE!rE!by rE!prE!Sents that: (a) the rE!asonably anticipated amount of tax-.exempt obligaU.ons (othE:~r than pr"ivi~lt:e activH:y bonds) IJJh':Lch ("d.11 be "issUE!d by the City during calenday' year that the Bonds are "issued does not exceed $10,000.000; and -.20-. 8646B (b) the aggregate principal dE!signated by the Ci ty to be obligab.ons II during calendar year issued, including the Bonds, does not amount of obligations IIqualified tax-exempt that the Bonds are exceed $10,000,000, ~e~tion_L?_9l. I_~..?L_.. Covenants. The Ci ty covenants and agrees that it will not take any action, or fail to take any action, if any such action or failure to take action would adversely affect the exclusion from gross income of the interest on the Bonds under Section 103 of the Code. The City covenants and agrees that it will use the proceeds of the Bonds as soon as practicable and with all reasonable dispatch for the purpose for which the Bonds are issued as hereinbefore set forth, and that it. will not directly or indirE!ctly use or permit the use of any proceeds of the Bonds or any other funds of the City, or take or omit to take any action that would cause the Bonds to be lIarbitrage bondsll within the meaning of Section 14.8(a) of the Code. To that end, the City will comply with all requirements of Section 148 of the Code to the extent applicable to the Bonds. In the event that at any time the City is of the opinion that for purposes of this Section it is necessary to restrict or limit the yield on the investment of any moneys held by the City under the Ordinance, the City shall take such action as may be necessary. Si?.f..t:iQXL_J2Q..1. .?e~~~!.:.~bilitl.l. In case anyone or more of the provisions of the Ordinance or of the Bonds issued hereunder shall for any reason be held to be illegal or inva1id, such illega1it.y or invalidity shall not affect any other provision of the Ordinance, or of the Bonds appertaining thereto, but thE:1 Ordinance and the Bonds sha11 be construed and enforced as if such i.llegal or invalid provision had not been contained herein. In case any covenant, stipulation, obligat.ion or agreement contained in the Bonds or in the Ordi nance s hal1 for any reas on be held to be i n violation of lat."J, thc::~n such covenant, stipulation, obligation or agreern(~nt sha1I bE! deernE!d to be the covenant, stipulation, obligation or agreement of the City to the full extent permitted by law. ~_.~~..~...t i 9 rL.12 Q.2.. . f...!:!...r_.t. her n._ A !:!..t!J.Qr i.iY.. . The May 0 r , C i t Y C I e r k and other City officials are hereby further authorized and directed to execute any and all documents and take such actions as they may dE!em necc::~ssary or advisable in order to carry out and perform the purposes of the Ordinance to make alterations, changE!S or addit:tons in thc::~ foregoing agreements, s{:a{:ements, instruments and ot.her documents herein approved, authorized and confirmed which t.hey may approve and the execution or taking of such action sha1I be conc1usive E!vi.dence of such necessity or advisabi.lity. Se c t.ion 1.206, ~?g.Y...~..:..r.::..!J.1:.!lg..._._.U~.\.AL.. The Ordi nan c e and the Bond s s halr......b-;;;;...--.g.o..v.e-y::..j:;-ed (.~x c Iu s iv e ly by and cons trued in ac cordan eEl with t.he app1icable laws of the State of Kansas. .-21- 86468 Section 1207. effect and be in governing body of newspaper. . .ft.AS6E,o,.. by the /~~J\~h~;er~'~ _ (1;? a. 8 . ,,""i~.)-. /,j.-,.t/ ). .'~ :J:'r:-:....,',.". .:.:.~ ..' \.11........ \r\ ,',~ . ,-. .. , ",:::""111:""" .."' -f. - . \., 1 r:.;~7 ~~>; / ~) r J.;~ \ 'c \ : '-'(' '.<~~ 1/) . /~( ~Z'\" ) !::J ~'f,\ . ~.. I'JIL' . '^..." , ,,' , .'./ . . . \- ( - ,.,.. , oI"../'>~,j .".~ --..f , .,.4 .~ . ""A \ ...... I "'i ~ -r ..r- ..., ," <!"I"., -," ... .~ . . ~ ~.. / ~! J'?J' i:cr,':. >., ~,I A., *""....,.'.. ......'" .'( .i ..'.' '.",-" ~;-'/' i../ . 14 n~ .\" Effective Date. This Or'dinancE! shall tak(,! fuIr-nforce'--fr:-om'--and after' it:s passage by the the City and publication in the official City governing body of t.he Cit.y t.his 20th day of \/.AP~ / &v7@ ity Clerk __Al~~ Mayor -.22-. 864.6 B