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HomeMy WebLinkAboutOrdinance 2548 F1I_ ED . 1- OR RECORD 1979 AUG 17 A14 10: 22 WASHINGTON. COUNTY. ARK . ORDINANCE NO . ALMA KGLLMEYER CIRCUIT CLERK AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE PURPOSE OF PROVIDING PEP11ANENT FINANCING FOR INDUSTRIAL FACILITIES ; AUTHORIZING A FIRST SUPPLEMENTAL TRUST INDENTURE SECURING THE BONDS ; AUTHORIZING A FIRST SUPPLEMENTAL LEASE AND AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE , ARKANSAS , AS LESSOR , AND HACKNEY BROS , BODY COMPANY , AS LESSEE ; AUTHORIZING THE SALE OF THE BONDS ; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING THERETO ; AND DECLARING AN EMERGENCY . WHEREAS , the City of Fayetteville , Arkansas ( the " City " ) , is authorized and empowered under the provisions of Act No . 9 of the First Extraordinary Session of the Sixty- Second General Assembly of the State of Arkansas , approved January 21 , 1960 , as amended ( the " Act " ) , to issue revenue bonds and to expend the proceeds thereof to finance the acquisition , construction and equipment of land , buildings or facilities which can be used in securing or developing industry ; and WHEREAS , the City has heretofore issued its Industrial Development Revenue Bonds - Hackney Project , Series 1977 , in the principal amount of $ 1 , 200 , 000 ( the " Series 1.977 Bonds " ) , secured by a Trust Indenture dated as of October 1 , 1977 , by and between the City First Union National Bank of North Carolina , Charlotte , North Carolina , as Trustee ; and WHEREAS , the Series 1977 Bonds were issued for the purpose of financing the costs of acquiring , constructing and equipping an industrial plant at the City , which is being leased to and is operated by Hackney Bros , Body Company , . a North Carolina corpora- tion ( the " Company " ) pursuant to a Lease and Agreement dated as of October 1 , 1977 , by and between the City and the Company ; and WHEREAS , it is proposed that the City provide permanent financing , through the issuance of additional revenue bonds under the Act , of the costs of acquiring , constructing and equipping 995 453 MICROFlLM0. DATE OCT 3 M REEL�- of an expansion , consisting of lands , buildings , improvements , machinery , equipment and facilities ( the " Project " ) ; and WHEREAS , pursuant to and in accordance with the provisions-- of the Act , the City is now prepared to proceed with financing the Project and to issue and sell $ 1 , 000 , 000 in aggregate principal amount of its Industrial Development Revenue Bonds - Hackney Project , Series B ( the " Series B Bonds " ) , to provide such financing ; and WHEREAS , copies of the hereinafter described First Supplemental Trust Indenture and First Supplemental Lease and Agreement have been presented to and are before this meeting ; NOW , THEREFORE , BE IT ORDAINED by the Board of Directors of the City of Fayetteville , Arkansas : Section 1 . That the issuance of the Series B Bonds is hereby authorized . The Series B Bonds shall be issued in the forms and denominations , shall be dated , shall be numbered , shall mature ( over a period not to exceed thirty ( 30 ) years ) , shall bear interest ( at a rate or rates not to exceed ten percent ( 10 % ) per annum) , and shall be subject to redemption prior to maturity all upon the terms and conditions recommended by the Company and to be set forth in the First Supplemental Trust Indenture securing the Bonds ( hereinafter authorized ) . Section 2 . That the Series B Bonds be sold to First Union National Bank of North Carolina , Charlotte , North Carolina ( the " Purchaser " ) , for the purchase price recommended by the Company . Section 3 . To prescribe the terms and conditions upon which the Bonds are to be executed , authenticated , issued , accepted , held and secured , the Mayor is hereby authorized and directed to execute and acknowledge a First Supplemental Trust Indenture by and between the City and First National Bank , Conway , Arkansas , as Trustee , dated as of the date of the Series B Bonds ® 995 454 ( the " First Supplemental Indenture " ) , and the City Clerk is hereby authorized and directed to execute and acknowledge the First Supplemental Indenture and to affix the seal of the City thereto , and the Mayor and City Clerk are hereby authorized and directed to cause the First Supplemental Indenture to be accepted , executed and acknowledged by the Trustee . The First Supplemental Indenture is hereby approved in substantially the form submitted to this meeting , and the Mayor is hereby authorized to confer with the Trustee , the Company and the Purchaser in order to complete the First Supplemental Indenture in substantially the form submitted to this meeting with such changes as shall be approved by such persons executing the document , their execution to constitute conclusive evidence of such approval . Section 4 . That there be , and there is hereby authorized the execution and delivery of a First Supplemental Lease and Agreement by and between the City as Lessor , and the Company as Lessee ( the " First Supplemental Lease Agreement " ) , and the Mayor and City Clerk be , and they are hereby , authorized to execute , acknowledge and deliver the First Supplemental Lease Agreement for and on behalf of the City . The First Supplemental Lease Agreement is hereby approved substantially in the form submitted to this meeting , and the Mayor is hereby authorized to confer with the Company , the Trustee and the Purchaser in order to complete the First Supplemental Lease Agreement in substantially the form submitted to this meeting with such changes as shall be approved by such persons executing the document , their execution to constitute conclusive evidence of such approval . Section 5 . That the Mayor and the City Clerk , for and on behalf of the City , be , and they are hereby authorized and directed to do any and all things necessary to effect the execution and delivery of the First Supplemental Lease Agreement and the performance of all obligations of the City thereunder , the execution and delivery of the First Supplemental Indenture and ® 995 455 the performance of all obligations of the City thereunder , the issuance , execution , sale and delivery of the Series B Bonds , and the performance of all acts of whatever nature necessary to effect and carry out the authority conferred by this Ordinance . That the Mayor- and the City Clerk be , and they are hereby , further authorized and directed , for and on behalf of the City , to execute all papers , documents , certificates and other instruments that may be required for the carrying out of such authority or to evidence the exercise thereof . Section 6 . That the City is hereby involved with the acquiring , constructing and equipping of industrial facilities , and pursuant to applicable laws of the State of Arkansas , in- cluding particularly the Act , competitive bidding is waived . Section 7 . That the .City Clerk is hereby authorized and directed to file in the office of the City Clerk , as a part of the minutes of the meeting at which this Ordinance is adopted , for inspection by any interested person a copy of the First Supplemental Indenture and First Supplemental Lease Agreement , and such documents shall be on file for inspection by any interested person . Section 8 . That the law firm of Friday , Eldredge & Clark , Little Rock , Arkansas , be appointed to act as Bond Counsel on behalf of the City in connection with the issuance and sale of the Series B Bonds . Section 9 . That the provisions of this Ordinance are hereby declared to be separable , and if any section , phrase or provision shall for any reason be declared to be invalid , such declaration shall not affect the validity of the remainder of the sections , phrases and provisions . Section 10 . That all ordinances , resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict . Section 11 . That there is hereby found and declared to be an immediate need for the securing and developing of industry in order to provide continued and increased employment and payrolls , 995 456' alleviate unemployment and otherwise benefit the public health , safety and welfare of the City and the inhabitants thereof , and the issuance of the Series B Bonds authorized hereby and the taking of the other action authorized hereby areimmediately necessary for the accomplishing of these public benefits and purposes . It is , therefore , declared that an emergency- exists and this Ordinance being necessary for the immediate preservation of the public peace , health and safety shall be in force and effect immediately upon and after its passage . PASSED : August 7 , 1979 , FpYE ] !F APPROVED : ' F ATT'E {� t = :( � •. cam ': Mayor ► ' # 3 Clerk • f�i 9c a .� � CERTIFICATE The undersigned , City Clerk of the City of Fayetteville , Arkansas , hereby certifies that the foregoing pages are a true and compared copy of an Ordinance passed at a regular session of the Board of Directors held at the regular meeting place of the Board of Directors at 7 : 30 o ' clock p . m . , on the 7th day of August , 1979 , and that the Ordinance is of record in Ordinance Record Book No , A Page now in my possession . GIVEN under my handand seal of the City thk ,, yt I}# % day of August , 1979 . City Clerk ( SEAL ) Abd j0 1 � •'y J ' CERTIFICATE OF RECORD State of Arkansas SS City of Fayetteville I, Suzanne C. Kennedy. Cite Clerk and Ex-Officio recorder forthe City of e:iyetteville, do hereby certify that the a �iv, cd or fore- going is of record in my office and 6e same ap- pears in Ordinance & Resolution book V11 _at page— I L5 L. Witness my hand and sial this-- day of , 19 City Clerk and L::;Officio Recorder CERTIFICATE OF RECORD STATE OF ARKANSAS I SS. Washington County I I, Alma L. Kollmeyer, Circuit Clerk and Ex.Officio Recorder for Washinston County, do hareby ceriiiy that the annaxed or fore- goine s ument w3S 'fiilllegd for record in my office on the 1 day of \,9 a�D:l�'clorkA ' M and theage is ham—record 5 at page duly recorded i I i 40day of 19Z� yfna� my hand and s Circuit Clerk and Ex-Offici Recro7d d Deputy Clerk tTp4hl ORDINANCE NO. Sala �pcient IIOs: per annum), and shall he N ORDINANCE AUTHORIZING THE subied b redemption prior to maturity all STATE of ARKANSAS l • ,. s� 'kJ t"" UANCE OF-INDUSTRIAL DEVELOP- upon the terms and conditions recommend. } as. NT REVENUE BONDS FOR THE ad by the Company and to be set forth in County of Washington J RPOSE OF PROVIDING PERMA- the First Supplemental Trust Indenture rJ NT FINANCING FOR INDUSTRIAL securing the Bonds thereinafter authom- f• ry, ;. . .. Ta7y :ILITIFS: AUTHORIZING A FIRST ed). 'PLEMENTAL TRUST INDENTURE Section !. Tlut the Series B Bonds he :THING THE BONDS; AUTHORIZING sold to First Union National Bank of North I, .. ._. ___ ..... .. . . . ...... ... . . . .. ._ . ...__-. ;+..,:1•-het¢by certify that I 'IBST• SUPPLEMENTAL LEASE AND Carolina, Charlotte, North Carolina ithe am the Publisher of THE NORTHWEST ARKANSAS TRUES, a dally REEMENT BETWEEN THE CITY OF ••parchesee"), for the parchast price YETTEVILLE, ARKANSAS, AS reeoromendedby the Company, newspaper having a second class mailing privilege, and being not less than ;SOR, AND HACKNEY BROS, BODY Section 0. To prescribe the terms and vfPANy, AS LESSEE; AUTHORIZING conditions uponwhichthe Bonds arc to he four pages of five columna each, Published at a fixed place of business and at E SALEOF THE BONDS: AUTHORIZ- executed. authenticated, issued, accepted, a fixed (daily) Intervals continuously in the City of Fayetteville, County of - AND PRESCRIBING OTHER MAT- hey and secpred, the Mayor is hereby AS PERTAINING THERETO; AND authorized and directed to execute and Washington, Arkansas for more than a Period of twelve months, circulated CURING AN EMERGENCY. acknowledge a First Supplemental Trust and distributed from an established place of business to subscribers and 'HEREAS, the City of Fayellevtile, Andenlure by and between the City and anions (the "City"). is authorized and First National Bank, Conway, Arkansas. as readers generally Of all classes in the City & County for a definite price for powered under the provisions of Act No. Trustee, dated as of the dale of the Series B each copy, or a fixed price per annum, which price was fixed at what is the First Extraordinary Session of the Bonds (the "First Supplemental Inden. nySecond General Assembly of the ane'l, and the City Clerk is hereby considered the value of the publication, based upon the news value and te of Arkansas, approved January D, authorized and directed w execute and service value It contains, that at least fifty percent of the subscribers 1, as amended The "Act"l, to issue acknowledge the First Supplemental Io- ene bands and to expend the esti denture and to affix the seal of the City thereto have paid cash for their subscriptions to the newspaper or its agents LN-Of toflnnce the ac=tion, c�omtlao-i thereto, and the Mayor ad City Clerk are or through recognized news dealers over a period of at least six months; i and equ''Womni of land, buildings ars hereby winterized and directed to caux g Itahs whtA can be used in securing or;.the First Supplemental Indenture to be ac- and that the said newspaper publishes an average of more than forty percent elaappI ` industry; and �-�.,._ cepled. executed and acknowledged by the .'HER1 the City hal% heretofore Trustee. The First Supplemental indenture news matter. led its Industrial Development Remse a is hereby approved in substantially the ids — Hackney Project, Series IFr7, In form submitted to this meeting, and the I further certify that the legal notice hereto attached in the matter of :n�gnBards') secured by'amount of 'aTrust theYor is Tnustee.hereby and he Pto confer or _ v enture dated as A October 1, l9T'J7. by chaser in order to complete the First Sup- 1 up e - /^") 1 betpeen the City First Union National elemental Indenture in substantially the feVaf Ik of'Nonth Carolina, Charlotte, North form submitted to this meeting with such '�� vlins, As Trustee: and I changes as shall be approved by such per. -' A�/,-- -0-"_ .--..-.--.._..._-.--._-_-.. -..--._..__.---..-.---__._--_.-----.. HEREAS, the Series 11171 Bonds were- sons executing the document, their execu- )ed for the purpose of financing the tin to constitute conclusive evidence of was published in the regular daily issue of said newspaper for.--------- I .--_. ...... not acegqtilrrmmgg, constructing and equiP '- such approval, 1, g an a =t0plant at the City, which'. Section s. That there bc, and there is 4et19eeCFtYe insertion� as follows : being leased to and is operated by;hereby authorized the execution and �f =kneY Bron. Body Company, a North delivery of a First Supplemental Lease and tins mrporatim (the "Company') Agreement by and between the City as The first insertion on the -------------/0-- day of __. -- 19--- sunm t to a Lease and Agreement dated Lessor, and the Company as Lessee (the - - of October 1, 1977, by and between the "First Supplemental Lease Agreemnl'), v and the Company; and ; and the Mayor and City Clerk be, and they the second insertion on the ------ --------------------- day of ----------------_..... _ 19.---.-----.- i'HEREAS: It is proposed that the City I ane hereby, authorized to execute, wide permanent financing, through the acknowledge and deliver the First Sup iancw#additional m'esWe bonds under j plemenal Lease Agreement for and on the third insertion on the _.............______ ... day of ----------------------- -. 19---------- Act, of the calx of acquiring, tastrao ' behalf of the City The First Supplemental and aquipp'u1g of n expansion. cos ' Lease Agreement ins• hereby approved _ :ing of Iandc, taayirngi. improvements, substantially in the form submitted to this . and the fourth insertion on the ...___............._ day of _...:.---._ 19....... chirery, equipment and facilities FNe mecting, and the Maya is hereby authoriz. rojed"1; and ' ed to confer with the Company, the Trustee - - � 1'HEREAS, pueaam to -and in ac- and the Purchaser in order to complete the - dunce with the provision of the Act, the Fust Supplemental Lease Agreement in yUnowpreparedtoproceed with faun substantially the form submitted to this g the Project and to issue and seU meeting with such changes as shall be ap- 00,000 in aggregate principal anlountof ' proved by such persons executing the docu- todustrial DevelopmeOf enue Boedi mens, their execution to constitute tan Sworn to and subscribed before me on this ..0.4-^ t:�-day of Hackney Project Series B 'the "Series; elusive evidence of such Approval. rat and Section 5. That the Mayer end the City VIfEAEAS, copIes of this hereinafter ;Clerk, for and on behalf of the City, he, and ////L�•C' . rrihee Finl SupplemensI Trust In- i they are hereby authorized and directed to 19- rture and First Supplemea I lease and.�do enY and all things necessary b effect rcemnl Neve been presented b and are !the execution and delivery n the First Sup- ore up orethis THEREFORE. :;plemanal lease Agreement and the per :the card oFORE, ors Of the City of thereunder. ee . all obligation d the Citythe Board BoeN tl Directors d the City of . thereunder. Ne ex tion and delivery of - --- --------- yettevlle, Arkansas: ' the First Supplemental Indenture and the Notary Public ration 1. That the issuance of Use Serie: performance of all obligations of the City londa is hereby authorized. The Series B , thereunder, the issuance, execution, sale rids shall be issued in the forms andand delivery of the Series B Banda, and the Commission Expires: wminathon;'kh` ITbe-ddled,"shag be performance of a 11 acts of whalevez nature nhered, shall mature (over a period not I necessary toeffect and carry Out the exceed thirty or Years), shall bear in authority conferred by this edt Ordinance. est (el a rate a rates Out to exceed len That the Mayor and the City authorized ed and diretheycted, for are hereby, further sae City, and dfrecsd, tp ern hehalfoftie City, toea- / �O scale nd papers, documents, certificates land other instruments that may be m Fees for Printing -------_ _. quires for the carrying Out of such authori- ty or to evidence theexercise thereof. ed$w4on 6. That the City is hereby involy- ith the acquiring, contacting and Cost of Proof ---------------- ;----------_----.._----__ equipping of industrial facilities, and pur- sunt to applicable laws of the Stab of Total l.__ Arkarsn, including particularly the Act, .._-----_----- f---. ----- competitivebidding is waived. Section 7. That the City Clerk Is hereby uthorfzed and directed W file in the office . mf the City Clerk, As a part of the minutes of Ithe meeting at which this Ordinance is !adopted, for inspection by any instated person a c'oapy'of the First Supplemental In Aenture and First Supplemental lease Agrcemea , and such documents shall be ton file for inspection by any interested per. son. !Eldredge dge A. That the new firm of kaiser, . 'Eldredge t Clark. Lillie and Arkansas, �he apppof Uze to act n Bond Counsel on hestic a Ihe City th e Series B with the is- justice tie Serie BBonds: nanste a That they declared tl this Or, iseance an hereby declared to or I separable, and H any section, phrase or provision shell for any recon be declared to he invalid, such f the ma shagrAer not he ted the validity tl the remoinder of the aephrases and pr a ' Section m. That at ordinances. reaoi lions and parte thereof in conflict herewith `$,,�'�. •V 4[tan YyA '�' 3 'Yr . ���.+"—.4• .vT .+a ; `aC':�. � .rx" y dj •y L ♦ a Yj a s i aI- 4m _ . • Y F;bI LAIt c kwj` c . -J V' m w m I r, �IV, 3 y i �'"••" 4 'L'"c�' iG - h geaEgg. a t rFg � � caa5r., E4Fv9 � ' F3 ° a ETES^ 8t %8 � T fiA2sT - g ' b ^ �6E u •� L� t•9u %F .. .. s .00 x. � � ' as < ° >,a`mm a >, 9 `:2 oa ,�w E6b.a`q^.=m--m Fa� nFav` a �g � s ' � 2g,; 35' 'c. y = fig'rVs � $ 1 ,; $a'�oES SLE . 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Yl i.: rm fij TEcm �° yg-' % C_ YJ a .- g .tiv E$ pea $ Eig$ ouafi = �P : E .. �;p -5 % by "m' _ �•eeE " Y� i1gJy TL' •°• y C •' .. .3._ cm E = Lua `� P.:_ - •' ac v o IS , �'Y '�u EEF �2 �E3 iu $ ns 'S c . Fgo YiO PT YV �6U g �9 e §` WIS � a os � Ae ' : : �a : $3 � ' E E M V F ng DFjaFg .. a � m ; V. V' d 3� g $ 8� '� m � J3E � 'd$$sE � Bg5M5mo0 .'..-0iFY . '. c • u. _ E 3 a2L� y � �Q � `^ C � gE3q `/ F6s�. i5 ORDINANCE NO. 2548 vtefon s�ia�l .far any reason dec7xrc� AN ORDINANCE. AUTHORIZING THE ;To be invalid, such declaration shall not at' TATE of ARKANSAS ISSUANCE OF INDUSTRIAL DEVELOP. feel the validity of the remainder of the HENT REVENUE BORDS FOR THE seetions, phrases andprovisians. SS. CDIlIIty 01 WashingtOD PURPOSE OF PROVIDING PERMA. . Section to; Thal all ardimmm. raolu- NENT FINANCING FOR INDUSTRIAL tions and or meccaI in Conflict herewith FACILITIES: AUTHORIZING A FIRST are heled to the extent of such - - . : . SUPPLEMENTAL TRUST INDENTURE conflict. , A FIRS SECURING THE BNIENTA AUTHORIZING AND Section edll. to be Cotte Is hereby fCond I, _-_.__.... ..... .. ..... .. _. hereby certify that I A FIRST SUPPLEMENTAL LEASE AND - and declared to be ve immediate need for -" " ' - -'-'--- "-' "'-"- -- ' ' ""-'- FAYETTEVILLE,BETWEEN THE AS, OF 'these curing and developing and in am the Publisher of THE NORTHWEST ARKANSAS TIMES, a daily FAYETTEVI HA ARKANSAS, AS herder to provide continued and increased LESSOR. AND LASE EI' BROS. BODY employment and Payrolls, alleviate newspaper having a second class mailing privilege, and being not less than COMPANY, AS LESSEE; AUTHORIZING: AUTH � umrmployment and otherwise benefit the four pages Of five columns each, published at a fixed place of business and at ING AND PRESCRIBINOF THE G OTHER MAT. ftYORIZ- ,alms the inhabitants theand reof, and fa tore 6, a fixed (daily ) intervals continuously In the City of Fayetteville, County Of TERS PERTAINING THERETO: AND ( suame of the Series B Bonds autherized DECLARING AN EMERGENCY. ,hereby and the taking o the other artion Washington, Arkansas for more than a period Of twelve months, circulated WHEREAS, the City of Fayetteville, 'jaumorind hereby are immediately and distributed from an established place of business to subscribers and Arkansas ane "City's, o aumome t and ( necessary for the aceamplab ng o :nese readers generally of all classes in the City & County for a definite price for empowered under the provnstans o Act NO. P blit benefits and purposes it u, 9 a the First Extraordinary Session of the ,!herefore, declared that an emergency ex: each copy, or a fixed price per annum, which price was fixed at what is Sixty-Second General Assembly of the Ire and this Ordinance being necessary for State of Arkansas, approved January 21. immediate preservation of dM public considered the value of the publication, based upon the news value and 1960, as amended (the "Act"), to issue (Peace, health and safety shall be in force service value it contains, that at least fifty percent of the subscribers revenue bands and to expend the proceeds ynd effect immediately upon and after its thereto have paid cash for their subscriptions to the newspaper or Its agents - tnereoftafnan« the.cpuaelan, amshve- �Wssage. _ I tion and equipment o land, buildings or , PASSED; August r, 1929 • • Il or through recognized news dealers over a period of at least six months: facilities which can he used in securing or APPROVFL: de v lapingirdustry; and 1 David R. Aialone I and that the said newspaper publishes an average of more than forty percent WHEREAS, the City has heretofore : ' '- - .. MAYOR neve mallet. issued its lndiaWal Development Revenue i ATTEST: , Botch- Hackney Protect. Soria 1771, In Ue lAngelaMedlucN - 71 principal amount rifj o9o.(the "Serie City Clert - +� I further certify that the legal notice hereto attached in the matter of 1pi, 13 its secured Dy a Tro: Indenture It ) dated as or October 1, 1971, by and between Hell On City First Union te,National Bank a, Norm Candor, Charlotte, North Carolina, I , _' L�� -_------_ as Trustee: and �,�.<.. . WHEREAS, the Soria ffi Benda were iswed for the purpose d financing the ! rorIraind9mring cazstrocung and equip was published in the regular dally issue of said newspaper for ..._L(_..___. I Pin an Indsas plant at the Rty, which r _-- a 1 ,•eeeeeRl4+e Insertion as follows : u tog leased o and u operated by ' 6 Hackney Bros. Body Company, a North j )/ �7�� / �/ pursuant Corporation (the "Company") // CC /,/T/� 1/ 1 I pnrsnanl to a Lean am Agreement galea : The [fret insertion on the _......__- - -- day of .._ 19. ___ _. m of October 1, 19n, by and between the - CityandtheCompany, and 11 WHEREAS, it is proposed that the City the second insertion on the ............................ day of ............ 19___-____- Provide permanent financing, through the issuanceof additional revenue bodsunder I ithe Act, of the casts of acquiring, Construe- the third insertion on the _............._._ -------- --- day Of ---------------------------- 19._____.__. Ling and equipping of an expansion, can- . sisting of lands, buildings, improvements• machinery, equipment and facilities (the and the fourth insertion on the ------------------------ day of _.....--_-____... "Projecl"); and WHEREAS, pursuant to and in ac- ! ' cordanee with the provisions of the Act, the e City is new prepared to prated with finao- --__----.------- cing the Project and in issue and x11 . 31000000 in aggregate principal amount of Its Industrial Development Revenue Bonds 1 - Hackney Project. Series B (the "Seriest I Sworn to and subscribed before me on this ___ ----------- day of ----_._.— Bonds"), to provide such Rwleing and- . . WHEREAS, Copia of the hereinafte described First Supplemental Trust Inden, tun and First Supplemental Lear"and - 19__./ Agreement have been presented to and art Wore this meefing� IA �4 s. NOW.BoardTHEREFORE. BEIT ORDAINED V 77�� / by led Booed o Dunton o me C'Iry o -=_-•_�iJ Fayetteville, Arkansas: li Section 1. That the issuance o the Stria ' • - Not Public B Bonds in hereby authori>ed. Tee Serice B .: Bonds shag be .snued in ,tM .*os and 070 demminaGma, shall be dated, shall be I lw , `/ My Commission Expires : numbered, Nag mature (:over a period I a?C(^nr•..�,� not to exceed thirty (3m years), shat bear -_. =L ,a s v • nl intetesl (alarateorratest exceed ten oe efiys Q percent 110$) per amrvml, and Stull be - --- ------- -� subject to redemption prior to maturity at , upon the terms and conditions recommend. - ed by the Company and to be xl forth in the First Supplemental Trust Indenture Feer Printing.....— securing the Bonds (hereinafter authoinz. _s for Pr _ g......-- �.-- ed). :• . . I . . Seetion2.That t eSeries B Bonds be sold to First Union national Bank of North Cost of Proof ................ $........................... Carolina, Charlotte, Norm Carolina (the I — `} ' PurohaWe'), her the purchase price I Total §...f L----- recommended by the company. 1 ........------ Section 3, To prescribe the terms and caditlms upon widen the Buds aro to be examted, autberieated, laved, accepted, held i I heand secured. the M•yar is hereby aumulyd and directed m .execute and • • Pint SupplemmW Trot heledlm. and between O. City and FUatNaOmd Baal . Caoway,Arkarsn,as j _ batd a of Oso dab d lies Series nab; abS."arj 1v44t.Y tra.q' (ttadrll � AWaMM— Cp for *0 Color 0 0 6 i t m aseu4d 'uo!laas Aug p. 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