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CECILE L. INGALSBE ESTATE
First Published in the Manhattan Mercury: Friday, November 20th, 2009; Subsequently Published on Friday, November 27th, 2009 and Friday, December 4th, 2009
IN THE DISTRICT COURT OF RILEY COUNTY, KANSAS
In the Matter of the Estate
of Case Number 09 PR 91
CECILE L. INGALSBE Division II
NOTICE OF HEARING AND NOTICE TO
CREDITORS
THE STATE OF KANSAS TO ALL PERSONS CONCERNED:
You are hereby notified that on the 13th day of November, 2009, a petition was filed in this Court by Dan Holt, executor named in the "Last Will and Testament of Cecile L. Ingalsbe," deceased, dated November 11 th , 1997, praying the Will filed with the petition be admitted to probate and record; petitioner be appointed as executor, without bond; and petitioner be granted Letters Testamentary.
You are required to file your written defenses thereto on or before the 11 th day of December, 2009, at 11:00 o’clock a.m., in the District Court, Riley County, Kansas, at which time and place the cause will be heard. Should you fail therein, judgment and decree will be entered in due course upon the petition.
All creditors are notified to exhibit their demands against the Estate within four months from the date of the first publication of this notice, as provided by law, and if their demands are not thus exhibited, they shall be forever barred.
DAN HOLT, Petitioner
Joseph A. Knopp
KNOPP AND BANNISTER, P.A.
620 Humboldt
Manhattan, KS 66502
(785) 776-9288
Attorney for the Petitioner

NOTICE OF SUIT
First published in The Manhattan Mercury on November 20, 2009; subsequently published on November 27 and December 4, 2009.
IN THE DISTRICT COURT OF RILEY COUNTY, KANSAS
CIVIL DEPARTMENT
Bayview Loan Servicing, LLC, a
Delaware Limited Liability Company,
Cause No.: 09CV254
Plaintiff,
vs.
Div. I
Shelia Burrell, et al.
Unknown Spouse of Shelia Burrell,
Occupant(s) of Unit 1,
Occupant(s) of Unit 2,
Occupant(s) of Unit 3,
Pursuant to K.S.A. Chapter 60
(Title to Real Estate Involved)
Defendants.
NOTICE OF SUIT
STATE OF KANSAS TO:
Shelia Burrell; Unknown Spouse of Shelia Burrell; Occupant(s) of Unit 1, 918 Laramie Street, Unit 1, Manhattan, KS 66502; Occupant(s) of Unit 2, 918 Laramie Street, Unit 2, Manhattan, KS 66502; Occupant(s) of Unit 3, 918 Laramie Street, Unit 3, Manhattan, KS 66502, and the unknown heirs, spouses, executors, administrators, devisees, trustees, creditors and assigns of any defendant that are existing, dissolved or dormant corporations; the unknown executors, administrators, devisees, trustees, creditors, successors and assign of any defendant that are or were partners or in partnership; the unknown guardians, conservators and trustees of any defendant that is a minor or is under any legal disability; and the unknown heirs, executors, administrators, devisees, trustees, creditors and assigns of any person alleged to be deceased, and all other persons who are or may be concerned
You are hereby notified that a Petition has been filed in the District Court of Riley County, Kansas, by Bayview Loan Servicing, LLC, a Delaware Limited Liability Company praying for judgment in personam and/or in rem against the above Defendants and praying for foreclosure of a Mortgage executed by Shelia Burrell on August 15, 2006 and recorded on August 31, 2006 in Book 825 at Page 4234, in the real estate records of Riley County, Kansas, related to the following described real estate, to wit:
LOT THREE HUNDRED NINE (309), IN WARD FOUR (4), IN THE CITY OF MANHATTAN, RILEY COUNTY, KANSAS.
And more commonly known as 918 Laramie Street, Units 1, 2, & 3, Manhattan, KS 66502.
and for further order or possession of the above-described real estate, and for recovery of court costs, and you are hereby required to plead to said petition on or before January 5, 2010, in said court, at the Riley County Courthouse, Riley County, Kansas. Should you fail therein, judgment and decree will be entered in due course on said petition.
If you wish to dispute the validity of all or any portion of this debt, or would like the name and address of the original creditor, you must advise us in writing within thirty (30) days of the first notice you receive from us. Otherwise, we will assume the entire debt to be valid. This is an attempt to collect a debt, and any information obtained will be used for that purpose.
Signed:
Michael E. Boyd, #21325
Noonan & Wiseman, P.C.,
Gateway One Bldg.
701 Market Street, Ste. 1210
St. Louis, MO 63101
Phone: 314.241.4747
Fax: 314.241.2039
Email: mboyd@noonanwiseman.com
Attorneys for Plaintiff

NOTICE OF SUIT
First published in The Manhattan Mercury on November 6, 2009; subsequently published on November 13, 2009 and November 20, 2009.
IN THE DISTRICT COURT OF RILEY COUNTY, KANSAS
In the Matter of the Marriage of:
LINA GUEBERT,
Petitioner, Case No. 09DM 636
and Division II
JEFFREY GUEBERT,
Respondent.
NOTICE OF SUIT
The State of Kansas to Jeffrey Guebert and all other persons who are and may be concerned:
You are hereby notified that a Petition for Divorce has been filed in the District Court of Riley County, Kansas by Lina Guebert praying for a divorce. You are hereby ordered to plead to the Petition on or before December 18, 2009 in the District Court of Riley County, Kansas. If you fail to plead, judgment and decree will be entered in due course upon the Petition.
Richard H. Seaton, #05994
Seaton, Seaton & Gillespie, L.L.P.
410 Humboldt—P.O. Box 816
Manhattan, KS 66502
(785) 776-4788
Attorney for Petitioners

NOTICE TO BIDDERS
November 17th, 2009
First published in The Manhattan Mercury on Wednesday, November 18, 2009; subsequently published on Thursday, November 19, 2009 and Friday, November 20, 2009.
Sealed bids will be received by the City of Manhattan, Kansas, at the office of the City Clerk until 3:00 p.m. on December 2nd, 2009, at which time the bids will be opened and read aloud. Bids received after said time will be returned to the bidder unopened. These bids will be for the furnishing of all labor and materials, and performing all the work in accordance with the drawings and specifications for:

2010 - 2011 UTILITY CUT STREET REPAIRS
PROJECT NO. WA0906

The project will include but not limited to the following major categories of work:

No. Item Description Quantity Unit
1 Concrete Pavement In Place 1,100 S.Y
2 Concrete Pavement Removal 1,100 S.Y
3 Concrete Driveway Replacement 500 S.F.
4 Concrete Driveway Removal 500 S.F.
5 Asphalt Pavement Removal 1,000 S.Y
6 Concrete Sidewalk Removal 500 S.Y
7 Concrete Sidewalk Replacement 500 S.F.

TIME LIMIT: THIS WILL BE AN ONGOING PROJECT ENDING DECEMBER 31, 2011.

Copies of the drawings, specifications, and other contract documents are on file and available for public inspection at the Public Works Department, Engineering Division, 1101 Poyntz Avenue, Manhattan, Kansas, 66502. Interested bidders may secure a set of drawings, specifications and all other contract documents upon a non-refundable payment of $25.00, which includes postage and handling, by contacting Inka Eck, Public Works Department at 785.587.2415 or by email at eck@ci.manhattan.ks.us. For questions regarding this project, please contact Brian Johnson at 785.587.2415 or by email at johnsonb@ci.manhattan.ks.us.

All persons awarded and/or entering into contracts with the City of Manhattan shall be subject to and required to comply with all applicable city, state and federal provisions pertaining to non-discrimination, equal employment opportunity, and affirmative action on public contracts.

ORDINANCE NO. 6795
(Published in The Manhattan Mercury on November 20, 2009)
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MANHATTAN, KANSAS, AUTHORIZING THE ISSUANCE OF ITS SALES TAX SPECIAL OBLIGATION REVENUE BONDS (DOWNTOWN REDEVELOPMENT PROJECT) IN ONE OR MORE SERIES FOR THE PURPOSE OF FINANCING CERTAIN COSTS RELATING TO THE SOUTH PROJECT AREA REDEVELOPMENT PLAN AND SPECIAL BOND PROJECT PLAN; AUTHORIZING AND APPROVING THE EXECUTION OF CERTAIN DOCUMENTS IN CONNECTION WITH THE ISSUANCE OF THE BONDS AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF SAID BONDS.
WHEREAS, City of Manhattan, Kansas (the "City") is a municipal corporation duly organized and validly existing under the laws of the State of Kansas as a city of the first class; and
WHEREAS, pursuant to the provisions of K.S.A. 12-1770 et seq., as amended (the "Prior Act"), the City Commission of the City (the "City Commission"), has heretofore adopted Resolution No. 090605-A, which made a finding that the City is considering the establishment of a redevelopment district pursuant to the Prior Act and the Master Plan, set forth the boundaries of the proposed redevelopment district, provided a summary of the proposed redevelopment district plan, called a public hearing concerning the establishment of a redevelopment district for October 11, 2005 and provided for notice of such public hearing as provided in the Prior Act; and
WHEREAS, a public hearing was held on October 11, 2005, after due published, delivered and mailed notice in accordance with the provisions of the Prior Act; and
WHEREAS, upon and considering the information and public comments received at such public hearing, the City Commission on October 11, 2005 approved, on first reading, an ordinance making certain findings necessary to create the redevelopment district discussed at such public hearing; and
WHEREAS, the City Commission on November 15, 2005, adopted Ordinance No. 6512, which made a finding that due notice of the public hearing conducted on October 11, 2005 was made in accordance with the provisions of the Prior Act, that the boundaries of the proposed redevelopment district described in Resolution No. 090605-A is located within an enterprise zone and therefore within an eligible area under the Prior Act, that the conservation, development or redevelopment of such area is necessary to promote the general and economic welfare of the City and created a redevelopment district within the City, the boundaries of which were defined in said Ordinance (the "Redevelopment District"); and
WHEREAS, the City, in consultation with the City's Planning Commission, prepared an initial South Project Area Redevelopment Project Plan and Special Bond Project Plan dated January 30, 2007 (the "Redevelopment Plan"); and
WHEREAS, on February 5, 2007 the Planning Commission of the City made a finding that the Redevelopment Plan is consistent with the intent of the City's comprehensive plan for the development of the City; and
WHEREAS, the City Commission has heretofore adopted Resolution No. 020607-A, which provided that the City is considering the adoption of the Redevelopment Plan pursuant to the Prior Act, summarized the proposed Redevelopment Plan, described the boundaries of the Redevelopment District, called a public hearing concerning the adoption of the Redevelopment Plan for March 15, 2007 and provided for notice of such public hearing as provided in the Prior Act; and
WHEREAS, a public hearing concerning the Redevelopment Plan was held on March 15, 2007; and
WHEREAS, on March 15, 2007, the City Commission adopted Ordinance No. 6612, which made certain findings required by the Prior Act and adopted the Redevelopment Plan; and
WHEREAS, on November 27, 2006, the Kansas Secretary of Commerce (a) determined that the Redevelopment District constitutes a major commercial entertainment and tourism area and is therefore an "eligible area" under the Prior Act and (b) approved and designated the Downtown Redevelopment Project described in the Redevelopment Plan as a "special bond project" within the meaning of the Prior Act and on December 28, 2006 approved the issuance of up to $50,000,000 in STAR bonds; and
WHEREAS, the City is authorized under K.S.A. 12-17,160 et seq., as amended, which amended and supplemented a portion of the Prior Act (the "Act") to issue special obligation revenue bonds for the purpose of financing costs to implement the Redevelopment Plan; and
WHEREAS, pursuant to the Prior Act, the City has heretofore issued its City's Special Obligation Revenue Bonds, Series 2008A (South Project Area - Downtown Redevelopment Project), dated January 30, 2008, in the maximum aggregate principal amount of $20,000,000 (the "Series 2008 Bonds") in order to provide funds to finance eligible costs described in the Project Plan; and
WHEREAS, pursuant to the Act and K.S.A. 10-116a, the City is authorized to issue its Sales Tax Special Obligation Revenue Bonds (Downtown Redevelopment Project) in one or more series in a maximum aggregate principal amount of $50,000,000 (the "Bonds") under the hereinafter described Bond Indenture, for the purpose of implementing the Redevelopment Plan by providing funds to finance a portion of the Costs of the Project; (b) refund the Series 2008 Bonds; and (c) pay certain costs related to the Bonds; and
WHEREAS, the City Commission hereby finds and determines that the financing of the Project (as defined in the Bond Indenture) by issuance of the Bonds in the manner provided in the Act and pursuant to the provisions of the Bond Indenture, will serve one or more of the public purposes set forth in the Act and will promote, stimulate and develop the general and economic welfare of the City; and
WHEREAS, the City Commission further finds and determines that it is necessary and desirable in connection with the issuance of the Bonds that the City enter into certain agreements, and that the City take certain other actions and approve the execution of certain other documents as herein provided.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MANHATTAN, KANSAS, AS FOLLOWS:
Section 1. Authorization of the Bonds. The City is hereby authorized to issue and sell the Bonds in the maximum aggregate principal amount of not to exceed $50,000,000 in one or more series, the proceeds of which will be used to (a) finance a portion of the Costs of the Project; (b) refund the Series 2008 Bonds; and (c) pay certain costs related to the Bonds. The Bonds shall be issued and secured pursuant to the herein authorized Bond Indenture and shall bear such dates, shall be in such denominations, shall be in such forms, shall mature on the dates and in the principal amounts, shall bear interest at a fixed rate which shall not exceed amount set forth in K.S.A. 10-1009 and shall be subject to redemption on the dates and in the principal amounts as provided in the Bond Indenture, and shall have such other terms and provisions, shall be issued, executed, authenticated and delivered in such manner and shall be subject to such provisions, covenants and agreements, as are set forth in the Bond Indenture.
The Bonds, together with interest thereon, are not general obligations of the City but are limited obligations payable solely from the trust estate pledged to the payment thereof under the Bond Indenture and shall be a valid claim of the respective holders thereof only against the trust estate and other moneys held by the Trustee and the revenues so pledged as aforesaid. In no event shall the Bonds be payable out of any funds or properties other than those pledged or acquired under the Bond Indenture, and the Bonds shall not be deemed to constitute a debt or liability of the City, the State of Kansas or of any political subdivision thereof and the issuance of the Bonds shall not, directly, indirectly or contingently, obligate the City, the State of Kansas or any political subdivision thereof to levy any form of taxation therefore. Nothing in the Bonds, the Bond Indenture, the proceedings of the City authorizing the Bonds or the Act shall be construed to be a debt or loan of credit of the City, the State of Kansas or any political subdivision thereof within the meaning of any constitutional or statutory debt limitation or restriction.
Section 2. Authorization and Approval of Documents. The following documents are hereby approved in substantially the forms presented to and reviewed by the City at this meeting (copies of which documents shall be filed in the records of the City), and the City is hereby authorized to execute and deliver each of such documents to which the City is a party (the "City Documents") with such changes therein as shall be approved by the officer or officers of the City executing such documents, such officers' signatures thereon being conclusive evidence of their approval and the City's ratification or approval thereof:
(a) Bond Trust Indenture dated as of the date stated therein (the "Bond Indenture") between the City and Security Bank of Kansas City, as trustee (the "Trustee").
(b) Bond Purchase Agreement dated as of the date stated therein between the City and D. A. Davidson & Co., as purchaser of the Bonds.
(c) Redevelopment District Tax Distribution Agreement dated as of the date set forth therein among the City, the Trustee, the Treasurer of the State of Kansas and Security Bank of Kansas City, as escrow agent.
(d) Tax Compliance Agreements dated as of the date stated therein between the City and the Trustee, relating to the Bonds.
(e) City's Continuing Disclosure Agreement dated as of the date stated therein between the City and Security Bank of Kansas City, Kansas City, Kansas, as dissemination agent, relating to the Bonds.
Section 3. Execution of Bonds and Documents. The Mayor of the City is hereby authorized and directed to execute the Bonds and to deliver the Bonds to the Trustee for authentication for and on behalf of and as the act and deed of the City in the manner provided in the Bond Indenture. The Mayor of the City is hereby authorized and directed to execute the City Documents and such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance, for and on behalf of and as the act and deed of the City. The City Clerk of the City is hereby authorized and directed to attest to and affix the seal of the City to the Bonds, the City Documents and such other documents, certificates and instruments as may be necessary.
Section 4. Further Authority. The City shall, and the officers, employees and agents of the City are hereby authorized and directed to, take such action, expend such funds and execute such other documents, deeds, agreements, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance and the transactions contemplated therein and to carry out, comply with and perform the duties of the City with respect to the Bonds and the City Documents, including, but not limited to, agreements with respect to the investment of any funds held under the Bond Indenture. Springsted Incorporated, the City's financial advisor and Gilmore & Bell, P.C., the City's bond counsel, are hereby further authorized and directed to take such other actions as may be appropriate or desirable to accomplish the intent of this Ordinance.
Section 5. Effective Date. This Ordinance shall take effect and be in full force after its adoption by the City and publication once in the official newspaper of the City.
PASSED by the City Commission of Manhattan, Kansas on November 17, 2009.
______________________________
Mayor
(Seal)
ATTEST:
______________________________
City Clerk

ORDINANCE NO. 6796
(Published in The Manhattan Mercury on November 20, 2009)
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MANHATTAN, KANSAS, AUTHORIZING THE ISSUANCE OF ITS SPECIAL OBLIGATION REVENUE BONDS (NORTH PROJECT AREA - DOWNTOWN REDEVELOPMENT PROJECT) IN ONE OR MORE SERIES FOR THE PURPOSE OF FINANCING CERTAIN COSTS RELATING TO THE NORTH PROJECT AREA REDEVELOPMENT PLAN; AUTHORIZING AND APPROVING THE EXECUTION OF CERTAIN DOCUMENTS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH ISSUANCE OF SUCH BONDS
WHEREAS, City of Manhattan, Kansas (the "City") is a municipal corporation duly organized and validly existing under the laws of the State of Kansas as a city of the first class; and
WHEREAS, pursuant to the provisions of K.S.A. 12-1770 et seq., as amended (the "Act"), the City Commission of the City (the "City Commission"), has heretofore adopted Resolution No. 090605-A, which made a finding that the City is considering the establishment of a redevelopment district pursuant to the Act and the Master Plan, set forth the boundaries of the proposed redevelopment district, provided a summary of the proposed redevelopment district plan, called a public hearing concerning the establishment of a redevelopment district for October 11, 2005 and provided for notice of such public hearing as provided in the Act; and
WHEREAS, a public hearing was held on October 11, 2005, after due published, delivered and mailed notice in accordance with the provisions of the Act; and
WHEREAS, upon and considering the information and public comments received at such public hearing, the City Commission on October 11, 2005 approved, on first reading, an ordinance making certain findings necessary to create the redevelopment district discussed at such public hearing; and
WHEREAS, the City Commission on November 15, 2005, adopted Ordinance No. 6512, which made a finding that due notice of the public hearing conducted on October 11, 2005 was made in accordance with the provisions of the Act, that the boundaries of the proposed redevelopment district described in Resolution No. 090605-A is located within an enterprise zone (as defined in the Act) and therefore within an eligible area under the Act, that the conservation, development or redevelopment of such area is necessary to promote the general and economic welfare of the City and created a redevelopment district within the City, the boundaries of which were defined in said Ordinance (the "Redevelopment District"); and
WHEREAS, the City, in consultation with the City's Planning Commission, prepared an initial redevelopment project plan dated November 29, 2005 (the "Project Plan") pursuant to the Act for the North Project Area of the Redevelopment District; and
WHEREAS, on November 10, 2005 the Planning Commission of the City made a finding that the Project Plan is consistent with the intent of the City's comprehensive plan for the development of the City; and
WHEREAS, the City Commission has heretofore adopted Resolution No. 112905-A, which provided that the City is considering the adoption of the Project Plan pursuant to the Act, summarized the proposed Project Plan, described the boundaries of the Redevelopment District, called a public hearing concerning the adoption of the Project Plan for January 3, 2006 and provided for notice of such public hearing as provided in the Act; and
WHEREAS, a public hearing concerning the Project Plan was held on January 3, 2006; and
WHEREAS, on January 17, 2006, the City Commission adopted Ordinance No. 6522 (the "Plan Adoption Ordinance"), which made certain findings required by the Act and adopted the Project Plan for use in the North Project Area of the Redevelopment District; and
WHEREAS, due to an error in one of the exhibits to Resolution No. 112905-A calling the public hearing on the Project Plan, the City Commission has heretofore adopted Resolution No. 050206-B, which made another finding that the City is considering the adoption of the Project Plan pursuant to the Act, summarized the proposed Project Plan, described the boundaries of the Redevelopment District, called a public hearing concerning the re-adoption of the Project Plan for June 6, 2006 and provided for notice of such public hearing as provided in the Act; and
WHEREAS, another public hearing concerning the Project Plan was held on June 6, 2006, after duly published, delivered and mailed notice in accordance with the provisions of the Act; and
WHEREAS, on June 6, 2006, the City Commission adopted Ordinance No. 6547 (the "Plan Adoption Ordinance Amendment"), which made certain findings required by the Act and re-adopted the Project Plan for use in the North Project Area of the Redevelopment District; and
WHEREAS, pursuant to the Act, the City has heretofore issued its Taxable Special Obligation Revenue Bonds (North Project Area - Downtown Redevelopment Project), Series 2006, dated June 1, 2006, in the maximum aggregate principal amount of $25,000,000 (the "Series 2006 Bonds") in order to provide funds to finance eligible costs of the North Project Area described in the Project Plan; and
WHEREAS, the City, pursuant to the Act and K.S.A. 10-116a, desires to authorize the issuance of its Special Obligation Revenue Bonds (North Project Area - Downtown Redevelopment Project), Series 2009A-Senior Lien Bonds and Series 2009B-Subordinate Lien Bonds (collectively, the "Bonds"), upon the terms and conditions set forth in the hereinafter described Bond Indenture, for the purpose of refunding the Series 2006 Bonds and financing eligible costs of the North Project Area described in the Project Plan; and
WHEREAS, the City Commission hereby finds and determines that the financing of the Redevelopment Project (as defined in the Bond Indenture herein authorized) by the City in the manner provided in the Act and pursuant to the provisions of the Bond Indenture, will serve one or more of the public purposes set forth in the Act and will promote, stimulate and develop the general and economic welfare of the City; and
WHEREAS, the City Commission further finds and determines that it is necessary and desirable in connection with the issuance of the Bonds that the City enter into certain agreements, and that the City take certain other actions and approve the execution of certain other documents as herein provided.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MANHATTAN, KANSAS:
Section 1. Authorization of the Bonds. The City is hereby authorized to issue and sell the Bonds in an aggregate principal amount of not to exceed $26,500,000 the proceeds of which will be used to (a) refund the Series 2006 Bonds and finance a portion of the eligible costs of the North Project Area described in the Project Plan, (b) pay certain costs related to the issuance of the Bonds, (c) fund deposits to the debt service reserve fund and (d) pay capitalized interest on the Bonds. The Bonds shall be issued and secured pursuant to the herein authorized Bond Indenture in such principal amounts, shall bear such dates, shall be in such denominations, shall be in such forms, shall mature on the dates and in the principal amounts, shall bear interest at a fixed rate which shall not exceed amount set forth in K.S.A. 10-1009 and shall be subject to redemption on the dates and in the principal amounts as provided in the Bond Indenture, and shall have such other terms and provisions, shall be issued, executed, authenticated and delivered in such manner and shall be subject to such provisions, covenants and agreements, as are set forth in the Bond Indenture.
The Bonds, together with interest thereon, are not general obligations of the City but are limited obligations payable solely from the Trust Estate (as defined in the Bond Indenture) pledged to the payment thereof under the Bond Indenture and shall be a valid claim of the respective holders thereof only against the Trust Estate and other moneys held by the Trustee (as defined in the Bond Indenture) and the revenues so pledged as aforesaid. In no event shall the Bonds be payable out of any funds or properties other than those pledged or acquired under the Bond Indenture, and the Bonds shall not be deemed to constitute a debt or liability of the City, the State of Kansas (the "State") or of any political subdivision thereof and the issuance of the Bonds shall not, directly, indirectly or contingently, obligate the City, the State or any political subdivision thereof to levy any form of general taxation (other than incremental property tax revenues pledged as part of the Trust Estate) therefor. Nothing in the Bonds, the Bond Indenture, the proceedings of the City authorizing the Bonds or the Act shall be construed to be a debt or loan of credit of the City, the State or any political subdivision thereof within the meaning of any constitutional or statutory debt limitation or restriction.
Section 2. Authorization and Approval of Documents. The following documents are hereby approved in substantially the forms presented to and reviewed by the City at this meeting (copies of which documents shall be filed in the records of the City), and the City is hereby authorized to execute and deliver each of such documents to which the City is a party (the "City Documents") with such changes therein as shall be approved by the officer or officers of the City executing such documents, such officers' signatures thereon being conclusive evidence of their approval and the City's ratification or approval thereof:
(a) Bond Trust Indenture dated as of the date stated therein (the "Bond Indenture"), between the City and Security Bank of Kansas City, as trustee (the "Trustee"); and
(b) Bond Purchase Agreement dated as of the date stated therein between the City and D. A. Davidson & Co., as purchaser of the Senior Lien Bonds.
(c) Bond Purchase Agreement dated as of the date stated therein between the City and the purchaser(s) of the Subordinate Lien Bonds named therein.
(d) Tax Compliance Agreement dated as of the date stated therein between the City and the Trustee, relating to the Bonds.
(e) City's Continuing Disclosure Agreement dated as of the date stated therein between the City and Security Bank of Kansas City, Kansas City, Kansas, as dissemination agent, relating to the Bonds.
Section 3. Execution of Bonds and Documents. The Mayor of the City is hereby authorized and directed to execute the Bonds and to deliver the Bonds to the Trustee for authentication for and on behalf of and as the act and deed of the City in the manner provided in the Bond Indenture. The Mayor of the City is hereby authorized and directed to execute the City Documents and such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance, for and on behalf of and as the act and deed of the City. The City Clerk is hereby authorized and directed to attest to and affix the seal of the City to the Bonds, the City Documents and such other documents, certificates and instruments as may be necessary.
Section 4. Further Authority. The City shall, and the officers, employees and agents of the City are hereby authorized and directed to, take such action, expend such funds and execute such other documents, deeds, agreements, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance and the transactions contemplated therein and to carry out, comply with and perform the duties of the City with respect to the Bonds and the City Documents, including, but not limited to, agreements with respect to the investment of any funds held under the Bond Indenture. Springsted Incorporated, the City's financial advisor and Gilmore & Bell, P.C., the City's bond counsel, are hereby further authorized and directed to take such other actions as may be appropriate or desirable to accomplish the intent of this Ordinance.
Section 5. Effective Date. This Ordinance shall be effective upon its passage by the City Commission of the City of Manhattan, Kansas and publication one time in the official City newspaper.
PASSED by the City Commission of Manhattan, Kansas on November 17, 2009.
______________________________ Mayor
(Seal)
ATTEST:
_______________________________
City Clerk