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HomeMy WebLinkAboutOrdinance 2591 ORDINANCE NO . q q��/:� FBC All ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL l<<ycG�T DEVELOPMENT REVENUE BONDS UNDER ACT NO . 9 OF THE FIRST EXTRAORDINARY SESSION OF THE SIXTY - SECOND GEN - \ ERAL ASSEMBLY OF THE STATE OF ARKANSAS , APPROVED JANUARY 21 , 1960 , AS AMENDED , FOR THE RURPOFILMED PROVIDING PERMANENT FINANCING OF THE COSTS ING AND DEVELOPING INDUSTRY ( THE PARTICULAR INDUS - TRIAL PROJECT IS DESCRIBED IN THE ORDINANCE ) ; AUTH - ORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST SECURING THE BONDS ; AUTHORIZING THE EXECU - TION AND DELIVERY OF AN AGREEMENT OF SALE BET14EEN THE CITY OF FAYETTEVILLE , ARKANSAS AND THE STANDARD REGISTER COMPANY IN CONNECTION WITH THE ISSUANCE OF THE BONDS ; AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT AMONG THE CITY OF FAYETTE - VILLE , ARKANSAS , THE STANDARD REGISTER COMPANY AND J . C . BRADFORD & CO . ; AUTHORIZING THE SALE OF THE BONDS AND THE EXECUTION AND DELIVERY OF A BOND PUR- CHASE AGREEMENT WITH THE PURCHASER ; AUTHORIZING THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE SALE OF THE BONDS ; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING TO THE AC - QUISITION AND INSTALLATION OF THE PROJECT AND THE FI - NANCING THEREOF ; AND DECLARING AN EMERGENCY . Whereas , the City of Fayetteville , Arkansas ( the " Issuer " ) 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 for , and to enter into agreements of sale to assist in , the financing of machinery , equipment and facilities used by a company for the securing and developing of industry , upon such terms and conditions as the governing body of the Issuer may deem advisable and as shall not conflict with the provisions _of the Act ; and WHEREAS , certain machinery , equipment and facilities ( the "Project " ) are being acquired and installed at an existing indus - trial facility located in the City of Fayetteville , Arkansas , to be used in the manufacturing facilities operated by The Standard Register Company , an Ohio corporation ( the " Company " ) ; and WHEREAS , Issuer proposes to issue Industrial Development Revenue Bonds , Series A (The Standard Register Company Project ) y =1008 859 2 . 0 6 )AICROFIIMF o DATE Fes' REEL��` ( the " Bonds " ) , for the purpose of financing the Prbject. and pay - ing the expenses of authorizing and issuing the Bonds ; and WHEREAS , the Bonds are being issued under and secured by an Indenture of Trust between the Issuer and the Trustee ( the " Indenture " ) ; and WHEREAS , the Issuer and the Company will enter into an Agreement of Sale ( the "Agreement " ) concerning the terms and conditions of th@ Issuer ' s participation in the financing of the Project; and WHEREAS , the . Bonds are in the principal amount , bear inter - est , mature and are subject to redemption as hereinafter set forth in the form of Indenture authorized by this Ordinance ; NOW , THEREFORE , BE IT ORDAINED by the Board of Directors of the City of Fayetteville , Arkansas : Section 1 . That the issuance of .the Bonds pursuant to the provisions of the Indenture is hereby authorized . Series A Bonds in the principal amount of $ 1 , 000 , 000 are being sold and deliv - ered initially and the Indenture provides for the issuing of Ad - ditional Bonds upon compliance with the terms set forth in the Indenture . 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 exe - cute and acknowledge the Indenture , and the City Clerk is hereby authorized and directed to execute and acknowledge the Indenture and to affix the seal of the Issuer thereto , and the Mayor and City Clerk are hereby authorized and directed to cause the In - denture to be accepted , executed and acknowledged by the Trustee . The Indenture , . which constitutes and is hereby made a part of this Ordinance , shall be in substantially the following form , to wit : - 2 - UUj 8� 0 (Advice is hereby given that a copy of the form of Indenture of Trust is on file in the office of the City Clerk , and reference may be .had there - to by any interested person . ) Section 2 . That there be , and there is hereby authorized the execution and delivery of an Agreement of Sale between the City of Fayetteville , Arkansas ( the " Issuer " ) , and The Standard Register Company , an Ohio corporation ( the " Company " ) , in sub - stantially the form and with substantially the contents herein - . after set forth , and the Mayor and City Clerk be , and they are hereby , authorized to execute , acknowledge and deliver the Agree - ment of Sale for and on behalf of the Issuer . The form and con - tents of the Agreement of Sale , which are hereby approved and which are made a part hereof , shall be substantially as follows : (Advice is hereby given that a copy of the form of Agreement of Sale is on file in the office of the City Clerk , and reference may be had thereto by any interested person . ) Section 3 . That . there be , and there is hereby authorized the execution and delivery of, the Bond Purchase Agreement among the Issuer , the Company and J . C . Bradford & Co . in substantially the form and with substantially the contents hereinafter set forth , and the Mayor be , and he is hereby , authorized to execute , acknowledge and deliver the Bond Purchase Agreement for and on behalf of the Issuer . The form and contents of the Bond Purchase Agreement , which is herebyapproved and which is made . a part hereof , shall be substantially as follows : (Advice is hereby given that a copy of the form of Bond Purchase Agreement is on file in the _office of the City Clerk , and reference may be had thereto by any interested person . ) Section 4 . That there be , and there is hereby author - ized and directed the execution and delivery of a preliminary and a final Official Statement in the usual form and with the usual contents in the case of similar financings . A copy - 3 - of the final Official Statement shall be filed in the office of the City Clerk and inspected by any interested person . Section 5 . That the Mayor and City Clerk , for and on behalf of the Issuer , be , and they are hereby , authorized and directed to do any and all things necessary to effect the exe - cution and delivery of the Indenture , the execution and de - livery of the Bonds , the execution and delivery of the Agree - ment of Sale , the execution and .delivery of the Bond Purchase Agreement , the execution , delivery and use of the Official Statement ; (Preliminary and Final ) and the performance of all acts of whatever nature necessary to effect and carry out all obligations of the Issuer under any of said instruments and •the authority conferred by the Indenture and by this Ordinance . That the Mayor and City Clerk be , and they are hereby , further authorized and directed , for and on behalf of the Issuer , 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 , as specified in the Agreement of Sale and as authorized by the Act , the Company is to proceed with the acqui - sition and installation of the Project , utilizing the proceeds of the Bonds made available to it under the provisions of the Agreement . Section 7 . 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 8 . That all ordinances , resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict . -4 - M1008 862 Section 9 . That there is hereby found and declared to be an immediate need for the securing and developing of industry in order to provide employment and payrolls , alleviate unemployment and otherwise benefit the public health , safety and welfare of the Issuer and the inhabitants thereof , and the issuance of the Bonds authorized hereby and the taking of the other action author - ized hereby are immediately necessary for the accomplishing of these public benefits and purposes . It is , therefor , 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 : a 1980 . " APPROVED : >,l;y Mayor pr ` n ATTEST,: City � Clerk �'SEAQ CE1;TIriCA'f`E 0111 REC0111) State of Ar?rzcsaa CERTIFICATE OF RECORD ;a. t ,.,il,e SS STATE OF ARKANS'.S j I, ^-r'Cia R. P '' l,;^ E., Cify Clerk an,-! E •o- SS. Washington County ) Uic;', re_ar:'.er fnr ±':': C;t•; of 1, Alma L. Kollmeyer, Circ!it Cl^rk and Ex-Officio Recorder for ` r 0 . }?s 'r'r ii i'i.•1 i�'13 :; .? or fore,' -Washington County, do hereby car ity that th^_ annexed or fore ,i,r 'i,` „f t:a;.�,..i i't my o`"i'•e :+ ::d On Satre going insiruinen wa filed torr re,.pff�-my office on the 1 day, �g;g t l 0+'di ta!1CC RC301Utti;1U 1)OOli of_. n. 1'9 Jat14 o' .urkA.m, and the sameis duly recorded in _ ___q�_record at aged+ 21V 1 1--at parle 5 - NVitness my Witness my nand and seal this day of 19� hand nd seal this /3 clay of Circuit car and 19 D , Ex-Officio Recorded BY Lgmpgputy CIQrk Cit Jerk and Ex-Officio Recorder . 5 - 916% / STATE of ARKANSAS es. County of Washington ORDINANC•ENO.lsl sas (the "Issuer"), and The Standard I CADLNANCE AUTHORIZING Register Company, an Ohio corpora STn +/ aU( AE ISSUANCE OF INDUSTRIAL tion in substantially hereby certify that I lNCLOPMENT REVENUE BONDS ' the form and with subsuntiauy to TJ %UER ACT NO. 9 OF THE FIRST 'contenta hereinafter set form, and tM am the Publisher of THE NORTHWEST ARKANSAS TIMES, a dally XTRAORDLNARY SESSION OF Mayor and City Clerk be, and they ere t(E SIX7YSEWND GENERAL hereby, aumorired to execute, newspaper having a second class mailing privilege, and being not less than 'KA M, APPROVED JANUARY meet of Sale and on behaKff o� four pages of five columns each, published at a fixed place of business and at 19Gt AS AMENDED, FOR THE heare. The form and contents of the a fixed (daily) intervals continuously in the City of Fayetteville, County of URMSE: OF PROVIDING PFRMA. Agreement of Sale, which are hereby ENT FINANCING OF THE COSTS approved and which am made a pan Washington, Arkansas for more than a period of twelve months, circulated F SECURING AND DEVELOPING Aereed shall be substantially As and distributed from an established place of business to subscribers and 1DUSTRY (THE PARTICULAR IN. fotiowa: PSTRIAL PROJECT IS DESCRIB• (Advice is hereby given that a copy readers generally of all classes in the City & County for a definite price for D IN THE ORDINANCE) ; of the form of Agreement of Sale is on each copy, or a fixed price per annum, which price was fixed at what is trTHORIZ:NG THE EXECUTION file in the office of the City Clerk, and NO DELIVERY OF AN INDEN• reference may be had thereto by an in. considered the value of the publication, based upon the news value and URE OF TRUST SECURING THE tereatd person.) tNM ALMIORIZING THE SIX. Section J. That mem be, and there is service value it contains, that at least [iffy percent of the subscribers CUTION AND DELIVERY OF AN beeby authored the execution and thereto have paid cash for their subscriptions to the newspaper or Its agents GREE.1lENT OF SALE BETWEEN delivery of the Boal Purchase Agee HE CITY OF FAYEITEVILLE. meet among the lamer, me Company or through recognized news dealers over a period of at least six months; 'tKANW, AND THE STANDARD and J. C. Bradford r Cp. in subenn- and that the said newspaper publishes an average of more than forty percent F.GLSTEH COMPANY IN CONNEC• Wily the form and with substantially 1 M ATM THE ISSUANCE OFTHE the cmtanta bricamifter set forth, and news matter. ONDS; AUTHORIZING THE EX. the Mayor be, and he Is hereby, CUTION AND DELIVERY OF A authorized to execute. acknowledge I further certify that the legal notice hereto attached in the matter of 'JND PURCHASE AGREEMENT and deliver the Bmki Purchase Agree •LONG .TIGEAR CRT OF PATEN. meet for and on sten of lbe Issuer. EVILLE. ARKANSAS, THE STAN. The form And canknn 0' Te.Bod ARU REGISTER COMPANY ANDD. . PUMILM Agmemml. whicib emby . BRADFORD h CO.; AUI'HORIZ• approved and wAc6 b made a part d IGTHESALEOFTHEBONDSAND ItereoL shall be substantially As FE EXECUTION AND DELIVERY . follows: � AN OMCIAL STATEMENT IN (Advice is busby given that a copy was published 1n the lar dally issue of said newspaper for JNNELTION WTTH THE SALE OF of the form of Bood Purchase Agree HE DONDS: AUTHORIZING AND meat 's on file in the effiee of the City , ..eaeeeentiae:tneertio all follows: RFSCRIBING OTHER MATTERS - Clerk. and reference may be had ERTANING TO THE ACQU61- Wereb DY day iebreatd person.) �i/^J' ION AND INSTALLATION OF THE Section a.That there be, and there is The first Insertion On t60 Y day o1 -l%5 19 HOJECT AND THE FINANCING hereby outhored and directed the ex. HEREOF; AND DECLARING AN ocution and delivery of a preliminary MERGENCY. and a final Official Statement in the the second insertion on the day of 19 Whereas. the City of Fayetteville, usual force and awith Use usual contents anuses (the "Issuer'•) b authorfsd in the case of similar financings. A .sl empowed under the provisions copy flm of the l Official Statement the third insertion on the . day of 19 '.art No. 9 of the First Eatraerdbary shad be filed in the office of the City , -abs of the SixtYSecood General Clerk and inspected by any interesUd 79 sumblyoflhe Staasf Aidansas. ap, DeraoM1 and the fourth insertion on l icy( of .nerd January Li, Ism, u amakid erQba S. That the Mayor and u r , he "Act"), to 1. H menus borkia Click for . Ton theaff of the Issuer, :r, and to enter into agreements of be. and they am hereby. Authorizd J :is U asset In, the ficandng of and directed b do any and all things achbery, equipment and facilities �estirY b effect the execution and .d by a company for the secueng delivery of the Indenture. the execu- al developing of industry, upon ach Lion and delivery or the Bods, the ex- ^ mi and condiNom as the governing aaution and delivery of the Agreement Sworn to and subscribed before me on this � day of 'y of the Ismer may deem Advisable of Sak, the eseeuWn and delivery of J as shag not conflict with the plead, UKBond Purchase Agreement. the es- oreoftheAeF, and eauboe, delivery and use of the Of. 1'IHIMEAS, certain madkay, m ficial Statement (Pmnaury and luipwd nnl efaculties (the "Pro- FbaU and the performance of AD ace ct") aro being Acquired and instilled of whatever nature necessary to effect an cabling industrial facility and carry out ail obligations of me rated N the City of Fayetteville, , � unde any of Saw instruments rkmeas b be used in the maadae And the authority conferred by the In, N tary Public ,rAg focitltles operated by The Stan- denture and by this Ordinance. That ,rd Rrgeter Coropany, an Ohio car- me Mayor and City Clerk be, and they .-atim (the"Company'); and Am herby. further authorized and 4TiIZ EAS, Wuedeected, for and on behaff of the - aep0au to 1� Weer, list executo an papers. MY Commission Expires : I duirial Development Reaenm dacurpena, catlficares and other in- �gater Company (The Pm)<ct) (the . ehumenU that may DertWced iw the \\ I (1 )coda"). for me Inni'ose ef ftaancDlg carrying out of such authority or to C� e Project and paying the expeoAn of evideacetheexemeelhered. WHEREAS. Issuing me Bondi: and Seaton 9. That. u d as authorized or the /�D �� `AHERFAS. the Bods era being by tee Ad. of Sick and u authored F t VHA under and secured by an Idea f7 dr Agit. the f:omWnY n b Pm'oeud Fees for Printing _ P /it of Trust between the lamer ad with the acquisition and installation of t 1 el Mum It to "/ndeabrre"1: and ; the Project, utilizing on proceeds of WHEREAS. the lame And the C®- the Booty made Available in it ude ,k will enter into an m ) concwat of da pmviabmof me Agreement Cost Of Proof. c n Werra "A and conditions as of the Seetbn 'J. Tial the Drovebm of nth / •� . . (, e rerma ad on in the d the OrdmAbca N hereby dectard b be Total :ucr*s Project; and th Ib fWxkg sepemble, and al any section, Phase t the Pmlecl; and oe provision Analae for any reason e- WHEREAS, un Binds are te the declared m be Invalid,the each ty ofth• j imipal Amount,sun Dear bbnet. den shall sol affrel the validity of the stare and em lit forth b the form of MOakdm d the sections, ptvaw and . ensure ler set ited b the Tam o1 Provisions' lamurc authorved by EhY Q- Section A. That a0 thereof in ice, aanm; rm4tioru and para Nereid in con- -f NOW. THEREFORE, BE IT OR. ' Hicl herewith am hereby repealed b u U W431 by the Burd of mmceen of theuteatofsuchconnict LLL! cl'ity(H Fayetteville.Arkansas: Section 9. That them b hereby food y Faction L Thal the bmati of dal � lid dedered ngto and ia need in- wAb pursuant b the for Lia n orderto g kadeveloping Dlo .:ml•.ve b hereby auk Serio � ye offs, aHevials m de kymse` Bods m the printlpal ameent of and moth wise benefit tits p blic ;mass are being rotl and delirawd bultb.safety And welfare of the laaeer . F 1IFTxCI ingYadtheladenhue peeaidu Ter and the inhabitants meed, and the b- , J hsubg at Additional Bands upon .d the Sarkis authorized herby empW nce vim the terms am forth ta and the taking of me tamer satins Indubue. To presnga the seems aomor®d brreDy At ndmdiatey . d ceekiitlora upon which tho Bonds - necessary for t ee 'atcomDlishioi of . e to be executed. mthutiwtd, gKr Public hand,. cad purposca. It .ucd, accepad, DeW ad saeuM,1N b, meee[or, dectared tlaten emerges- . aYar b hereby autivlord and cy exhta ad this ordbantt baby arm b hereby and aawd And • STATIC of ARKANSAS 1 ORDINANCE AUTHORIZING sag Uhe ••Ivuerny and The Standard County of WaeDingtoa <O�Y v OP.PMENCE AIBONDS Refami Company, r Ohio corpora. H TE ISSUANCE OF INDUSTRIAL tionlWe'Companyy"). insubstonlially EVER ACT NOOTREVENUE BONDS the eentsn and with aumuth. an the e-1" ACT NO. OF THE FIRST context Id Ciiy Cher sal (Dade, and :he TJ hereby certify that I CTIu IXTYS C SESSION GEN OF Maya end City clerk he, end Ney em am the Publisher of THE NORTHWEST ARKANSAS TIMES, a daily Ni BLY O THEOND GENERAL acknowl ge authorized to exnut<, ;c;EtentY of THE STATE OF acknowledge of Sale am aelfxer lie Agree- newspaper having a second class mailing prlvllege, and being not leas than IU:A.\SAS. APPROVED JANUARY meat of he for and on behaD of the . •.xo, AS MfEND®, FOR THE Issuer. The farm and eonlenu d the [our pages of flue columna each, published at a fined place of business and at •'RFKGE OF PROVIDING PERMA• Agreement of Sale. which arc hereby a fixed (daily) intervals continuously 1n the City of Fayetteville, County O1 EST FINANCING OF THE COSTS approved and which arc made a part ? SECURING AND DEVELOPING hereof. shelf be substantially as Washington, Arkansas for more than a period o[ twelve months, circulated ;DUSTRY (TIE PARTICULAR IN. follow: and distributed from an established place of business to subscribers and USTREAL PROJECT L4 DESC,R16 (Advice h hereby given that a copy D IN THE ORDINANCE) ; of the (am of Agreement of Sale is on readers generally of all classes is the City & County for a definite price for ZING UTiRu THE EXECUTION file n the officeof tie City Clerk, and NTt DELIVERY OF AN LADEN- reference may be had thereto by an in. each copy, or a fixed price per annum, which price was fixed at what is PRE of TRUST SECURING THE leamd peraonJ considered the value of the publication, based upon the news value and J\DS: AUTHORIZING THE EX. Section s. That then be. and there is 'TTION AND DELIVERY OF AN hereby authorized the natation and service value it contains, that at least fifty percent of the subscribers ^.REE.MENT OF SALE BETWEEN delivery M the Bald Purchase Agree- thereto have paid cash for their subscriptions to the newspaper or its agents 4E CRY OF FAYETTEVI LE. meet among to Icwer. the Company kRANSAS AND THE STANDARD and J. C. Bradford t Co. in subsu - or through recognized news dealers over a period of at least Six months; EGISTER COME ISSUANCE OF THE Else roalerrk hereinafter ser forth. and COMPANY IN CONNEC. Wy the form anwiN substantially rev WITH TLand that the said newspaper publishes an average of more than forty DeiCOD[ +DS: AUTHORIZING THE EX. she Mayor he, and he is hereby, news matter. iTION AND DELIVERY OF A authorized to execute, acknowledge pYD PURCHASE AGREEMENT sod deliver the Bane Purchase Agree- I further certify that the legal notice -hereto attached in the matter of HONG THE CITY OF FAYLT- - nhNl la ad on beheIf of the Issuer. e•ILLE, MTERCOMPANY THE STAN. ,The form snd emm�w ic is Band ,f art! RFOIST It UTO R J. approved Agreement, which bhereby / Il / r ��� agADEDBD CO.:O.• AIlIHOA6• approved and which t made a pan / .G THE SALE OF THE BONDSAND shall be substantimll n 4E EXECUTION AND DELIVERY follows: F A9 OFFICIAL STATEMENT IN (Advice b hereby given that • ropy ONNECTION WITH THE SALE OF Of the fern of Bad Purthase Agree was published to the re alar dally issue of said newspaper for !E BONDS; AUTHORIZING AND menl b m file n the office d the City RESCRIBING OTHER MATTERSClert, and refits: may , had CO¢eeCDlfve insertions follows: ERTAINING TO THE ACQWI. I thereto by any interparamJ D ION AND INSTALLATION ( THE Section e. That there be, and there is ROJECT AND THE FINANCING ' hereby authorized and directed the ex- The first Insertion on the day of 1F� 56 HEREOF; AND DECLARING AN ecallon and delivery of a preliminary MEROENCY. and a anal Official Statement in the Whereas. the City of Fayetteville, usual form and with the usual content the second insertion on the day of 19 rkamaa (the '•iami is authorized in the ease of similar financings. A sd empowered under the provision copy of the final Official Statement Aa No. 9 of the First Eatraodloary shelf be filed in the office of ULA City the third Insertion on the .. day Of 19 rasion of the ShtySwwA General Clerk and inspected by any interested - ssemby of the Stat of Arkansas. sP Pisn- sod rt"), M n,issue r e amended aatian 9. Then the Maya end City and the fourth insertion on the he "Aa"1, lo 1, Irevenue ae bods Clerk, on . Ton behalf of the Issuer, 1/ 1�f�V�j . IST-• ��`.� .ayA'_rr. •r, and to enter into agreement of be, and they art hereby, authorized tF de taught in, the Muefng of and directed m do any and all things J .aahhery, equipment ud facilities nereaury to effect the execution and + by a campauty fee the assuming delivery of the Indenture, the nen- d developing ofindustry, upon each tion and delivery of the Bonds, the ex. \ mus and coditona u the governing �sscufion and ot k the delivery of the and delivery of 2� e-1 . ment dyethe tonemaydr'h thepradvisable 1 the Bond Purchase Agreement, the ex ' Sworn to and subscribed before me on this day o1 onsof M an than not conflict with WeprevF e<Won, delivery and use of the Of- WHEREAS, and o ficial Statement (Preliminary and ' Yipmend a farts osaehlo m , Final) and the penormane of all acia p � pdpmmt sag facilities INE Pre- 19.�� <t"h lieDelo{ and facility of whatever nturc neagatio tod(the as nbtle{N� . 1 fte iq ad carry r a as said ton of the rami n the Cly of he marouti finer °� any co said Instruments thenk . visnas, n he used operated Ihe Th wise and the and by t is Ordi d by Ne La- ving (ncWlb men, by an h Ste- denture a by this Ordinance.an That .ud ionRegistereo Company, ); Ohio cor• theam Mayor rb . f rthe Clerk or and they NO y PBD11C WHER the"Csuarpr po as t sex herby, lather beatr o she WHEREAS. Iaauhet Drrgau t lanae Issues. o and te babas a m. ,dustrial Development Reveraa the Ivuer• s. execute all papain, onus, Serb A (The Standard daumenb, eerti¢caen and oNrr n- My Commission Expires: • • 1 eg;s . strument that may be required for the Zaode"),( Mea any Pr�df (the carrying out of such aulhonty or to .e Prolect and paying the expenn a avdeae N. net. ae lspecif` :Ah gand usuiot Ne Bands; and Section S. Thal. u specified n the WHEREAS, the Bods sex being Agreement of Sale and as autMizd sad under and secured by an Idea by the An, the Company is to proceed 1 re of Trost behw the Inver and with theafquhllion and imtlfatun of l eTrustees(the"Indeomre^); and the Project. utilizing the proceeds of Fees for Printing WNFREAS. the trier and to Cam. the Bards made available to it under .' ,ny will meet into an Agreement of theprovhnnof the Agmement. . '• irk 'the Atpemhent' ) mlcenN Section 7. That the provision of this Cost o1 Proof { e terve and condition a the Odnance ale hereby dontred to be ' \ .\ ever: participation n the financing car provision and l any section.any re phrase 1 1 \ aneo whet for any reason be Total : ;•1 , �h'tlh `r, WHEREAS.the Pthe Bohm an 6 the ! declared— to be invalid, such declam. �ndpal sensual boar interest, Has shall no affect the validity of the ature and an VA)aet t ledemptbn remander Of the aecliaa, phase ed henenaRv as faah n the fam d provisions. , dnaue "then b7 the Or sectio 9. That all sof in cn. Tett herewith and pens by rep al Ton- -Y :r10W, THEREFORE, BE R OR- thel hnewM are hereby repealed m n V Rhe talent otsuch conflict. SISIED by the Baud d Db=W of i Section 9. That then is hereby found e City of Fayetteville,Arkansas: and declared to be an immediate need ver tkn 1. That the issuance of the ' fee the securing and developing of in. - adsPtoaumlsathepsurkhnaidw .MYtry In order to provide employment 198 0 imture k he+shY aulhretrad. Serie and payri alleviate unemployment _P_onm n the prnelpai amaet oil and adervke bandit the pNs r f£fi£' l Z5 ( 1051 `s is hnith,aafeq andwelfareof lbe i$suer gyy� �(p lr.� and the nhebHan s thereof, and the is. � .Ee,,d� susses of the Benda authorized hereby - . r r■ and the taking of the other action - rill � authawmed hereby aro brueseftedy Y*r• . ..y.--: •,t raceawry fa the accomplishing of Ohne public bend and purposes. It tvYOTar K i`, b, theraor, dechrtdlhal en emergeo- =9966 zl P olry ey sable lid Nb Ordinance being I - SBOT IZS Ve)eH An nersaserylalheimmedampreerva- I ^-nC11 - 17c Want I0euneB,u ,i lieu d- _ Fublh puce, buten e,d , ' STATE of ARKANSAS / County of Washington as. as (the 'Isxwz"r, And The Standard C *oto Ia� AUTHORIZING R,`aister dhA 'C'cAm,:^Y'") Ins Ohio corpora 2 hereby certify that I /app OP INDUSTRIAL the form am wd6 sumunu uy the � ttai REVENUE BONDS tomenta tsBelnaftr set form, and the am the publisher of THE NORTHWEST ARKANSAS TIMES, a dally p A[T Np. aoP THE nRsr Mayor and Ciry Clerk a, and tasty rare newspaper having a second class mailing privilege, and being not less than ;-000F 4ARY SESSION OF hereby, authorized to execute, four pages of five columns each, published at a fixed place of business and at s at,(TYSECOhO GENERAL hack imixe and deliver the Agrees �yyt,y OF THE STATE OF mad a Sale for and on behalf of the a fixed (daily) intervals continuously In the City of Fayetteville, County of 1-st"' AppROVED JANUARY lauee •yk farm and cmtsnts d Ue Washington, Arkanam for more than a period of twelve months, circulated .,e , AS AMENDED, FOR THIN y,greement d Sale. which are hereby nTtpasE OF PROVIDING PFEFLA• approved and which are made a par . and distributed from an established place of business to subscribers and .,T FCIANCING OF THIN COSTS hared. mall be substantially as ; vECUfUNG AND DEVELOPING readers readers generally Of all classes In the City & County for a definite price for OUSrRy (TRE PARTICULAR IN- (Advice l hereby given that a copy each copy, or a fixed price per annum, which price was fixed at what is 'STRIAL PROJECT IS DESCRIB- of the form of Agreement of Sale is Be IN THE ORDINANCE) ; fere is the office of the City Clerk, and considered the value of the publication, based upon the news value and THoIUZING TtIN ExECt MON reference may be had thereto by an in- service value It contains, that at least fifty percent of the subscribers n DELIVERY OF AN LG FN- iercated person.) RE OF TRUST SECURING THE Section J. That then be, and theres thereto have paid cash for theft subscriptions to the newspaper or its agents Nos; AUTHORIZING TTIN EX- hereby authorized the execution am or through recognized news dealers Over a period Of at least Six months; ITON AND DELIVERY OF AN delivery of the Bad Purchase Agnea .aEEMEr OF SALE OEIWEFJN ment among the tasuee.,the CcmPmY and that the said newspaper publishes an average of more than forty percent E CT' OP FAYh'TTEVIIJE, ' and J. C. Bradford t Cd. In substm- P peW6 matter. J:ANSAS AND THE STANDARD lfaey the form and with substantially . .GIS TFIN COMPANY IN CONNP.C, the contents hereinafter set forth, and )NWITHTHELSSUANCEOFTIIN : the Mayor be, and he is hereby.I I further certify that the legal notice hereto attached in the matter of NDS; AUTHORIZING THE EA- authorized to execute, acknowledge :UTIDN AND DELIVERY OF A ere M fe a the Bond U of t ee Agree- � O PURCHASE AGREE /r and m behalf of Cha Bond L TONG THE CITY SA OP FAYFN- Jae farm ed met. w ic is sod :MILE.REGISTER OM ANYTHE NDN:TAN- fames ed Agreement, which b a p ry n - ,RD REGLSTERCOMPANYANDJ: vapprord and which l made a par BRADFORD i Co.; AUMORIZ= sten(, mall be substantially As G THE SALE OFTHE BONDS AND Loeows: was published In the regular daily Issue of said newspaper for IS EXECUTION AND DELIVERY (Advice is hereby given that a copy ' -iAN OFFICIALSTATEMENT IN of the form of Bard Purchase Agree- . To'nsslnt'iee 1nBeitiont as follows : a INNELTION WITH THE SALE OF event is Be file In the office of the City I U IE BONDS; AUTHORIZING AND Clerk, and reference mayere had UESCRIBING OTHER MATTERS ihereabyenyintsroied Person.) The first insertion on the day of ]TTAINING TO THE AODUISI- Section a. That thee be, and there b ON AND INSTALLATION OF THE hereby aulhorsed and HIN directed the ex- WJECT AND TFINANCING mention and delivery of a preliminary the second Insertion On the day OI 19 IEREOP; AND DECLARING AN and a Mal Official Ststemenl in the AERGENCY. usual form ad withthe awl content Whreaa the City at Farommi s. in the exam of similar Onancinge. A the third Insertion on the . day of 19 lamas (the "Isenc") Is authorized ropy of the final Official Statement , At empowered An dw Use provisions shelf be filed In the dace of the CRY 11i� Act N& sof the First Extraordinary Clerk Rd impeded Many Inundated and the fourth insertion Ont1(]armA�p. ft d e vbo d the Stryclecord General person. I s oembhv of the State of Arkansas aP section S. That the Mayr and City rid January 13, Ilse, a amended Clerk, for and on behalf of the [sever. he "Act"). in Must menta bonds be, and they ane hereby, authored . r, and to ester into ag s to of and directed to do Any and all things ,b b mist in, the onmedeg of necessary u effect the execution and ' achioey, equipment ad (,cuts delivery of Use Indenture, Ue exec- . ed by a company (r the uaurea time and delivery of the Bods, the ex. Sworn to and subscribed before me On this day of A developing of bASIVY. open rife motion and dehvery of oe Agreement .mu and condNam as the twee ng of Sale. the execution and delivery of �he Of- � dy d the lute may deem advisable the Red Purchase u Agreement, the - 19 )d as &hall not conduct with lhapnuvF seam Sl�memnl aPreti nd uu oft and O sad UwAd; ad WHEREAS. certain machinery, Final) and the performance of all act NiDmrU ad facilities (the "PN d whawr nature necessary In effect el") anbeleg acqubad ad Insisted and "try But all obligations d the t am existing ledus I facility tour under my d said instrument Notary Public caped b the City of Fayetteville, and the suibority conferred by ere Io- rkamzz, to be used to the mamdaci demos and by this Ordinance. That ` i,i• )� , wing (tallith operated M Tee Sun- the Mayr and City Clerk be, and they .. i . and Register Company, an Ohio cr- are betbyfurther authorized and My Commission Expires : oratiunlUse"Company"); and directed. Inc and m behalf of the WHEREAS. Laxer proposes to bhp teuer, b execute all papers, ` \ I � 1 ,33 J � — idustrul Development Revenue documentd, certificates aother in- O i I ' oda, Serie A (The Standard strnmenia that may he required fee the . egeter Cmnpaay Project) (the carrying rut d much Authority or t Bands"),fr the purpose dfinancing avdeocetbe"eciuthenuf. ePm)ecland paYb[tbe map of Section {. That, u specified in the utborbtg ad W,M991 eBads: ed Agreement of Sale and as authorized Fees for Printing �� O f WHEREAS. the Bonds an being M the Act. the Company is to proceed �sxd udr ad aacwed by an Ileo- with the acquisition ad Installation of rye of Trust between the ower and One Project, utilizing the Proceeds of Cost Of Proof. a ere WHEREAS. . th Indenbin"1; e C the Bonds made he Agmeble ve it tads ,.�.,v ...� WHEJtFAS, Ilp Instar ad the Com- Use Drovbbuof the Agreement sL/,_�(y/� e/ !/�-J . any will enter Into an Agreement d Section 7. That the Prcvtsba of this Total . a)e (the "Agreement') esteeming Ordinance art hereby declared to be u berms and cendlsou of the separable, and lf my Nelson, Phren I source participation in the fkugbg r pprovbbn shall for any reason be f the Project; ad declared ts be invalid. such declare WHEREAS. the Bath Am In the tion shall not affect the validity of the . rincipal amount, bear Internet, rernainAer of the sections. phrases and )stun and art s ub)ect to redemption Pr^`d'bns s hereinafter set forth in the form Of Section a. That all ordinances. denture authorized by this Or- resolution and paw thereof In cm- ` Lar herewith are hereby repeated to .u•.aWA; NOW. THEREFORE. OR tsAextentof wchcoMict ETORE. BE hereby JAINM by the Bard of Dteras Of Section a. That core o mmutt fneed Be City d Fayetteville,Attars: addeclaedtbeam immoping need sl Sector 1. That the laaunca d the dustry the sxvrIn6 end provide developing of b- -' '+ 1930 (oat hied punk"ap dtM andpyrordermviate uemploymenl Duraoae and payroll, Alleviate unemployment deetm b lierub)' wtlartd. Serie and otherwise prmRt UYs publle t Bads in th wfabal amaud d halth.afetyad welfare Of the in' , nra� a,00d,opd an be as ad delfverd ti-" nitlavyad ice ladmWn ynevd�(r adtheinhabitantsthereof. adUab- be stab{ d Additional Bends r�ao and t e the Rome the Aged (SCUM :amplreby iant'A with the toms ads froth ie and me to her d me omr aetbo authorized or the acc Inumdng a ly be Idudme. h Prsaerib the Irma aeceaary for the aeeanbllabIn{ d and caodiobos Rpm whkb tae Bala tame public benefits and purposes. It an•�b h_•J,aecutad. manenl^kated W. therefor, declared that anenur'Sm' r STATE of ARKANSAS 1 Alf Co o Waehingtpn ,W su. Ler sets (the "Issuer"), ah d Tstandard N O A�s3 ALTHORRLNG Register Company. an Ohio corpora- T hereby certify that I T,W aaOF INDUSTRIAL unit (am in subttantully '= farm ry texnr�c,-y sEVENE BONDS the foand with auosundaay me am the Publisher of THE NORTHWEST ARKANSAS TIMES, a daily ' t-ft ^'mails SESSIOON�Or Mayor;pdG City hereinafter kee forth, and armee newspaper having a second class mailing privilege, sad being not less than ' :a-e'4)YSEWhD GENERAL hereby, authorized to execute, four pages of five columns each, published ata fixed place of business and at gyneLY OF THE STATE OF ackoowiedge am deliver the Agree AePROVED JANUARY meat of sale for and an behalf of the a flied (daily) Intervale continuously in the City of Fayetteville, County of E OF FP.OVDING PERMA• Agreement d Sale. which are hereby AS AMENDED, FOR TIM issuer. Th. farm and contents d the Pl RPCCWashington, Arkansas for more than a period of twelve months, circulated .v}:NT FINANCING OF THE COSTS approved and which art mase a pan . and distributed from an established place of business to subscribers and OF SECURING AND DEVELOPING hared, shill be substantially As I INDUSTRY (THF. PARTICULAR IN follows I readers generally of all classes 1n the City & County for a definite price for Dt STRIAL PROJECT IS DESCRIB (Advice is hereby given that a copy each copy, or a fixed price per annum, which price was fixed at what is ED IN THE ORDINANCEI of the form at Agreement of Sale is on AUTHORIZING THE EXECUTIOt file in We off" of the City Clerk, and considered the value Of the publication, based upon the news value and .1GD DELIVERY OF AN INDEN reference may be had thereto by an in. TITRE OF TRUST SECURING THE hemmed pe A a) service value it contains, that 8t least Lifts percent Of the subscribers FUNDS: AUTHORIZING THE EX. Section Y. That there be, and there is i thereto have paid cash for their subscriptions to the newspaper or its agents EC111ION AND DELIVERY OF AN hereby authorized the execution and AGREEMENT OF SALE BETWEEN delivery of the Bond Purchase Agra- or through recognized news dealers over a period of at least etz months; THE CITY OF FAYETTEVILLE, mel among the bluer, the Company and that the said newspaper publishes an average of more than forty percent ARKANSAS AND THE STANDARD and J. C. Bradford A Go. in suhata Wawa matter. REGISTER COMPANY IN CONNEC belly the form and with substantially TION Wrf11THE MSUANCEOFTHE Ne contents hereinafter set form, and e0NDS: AUTHORIZING 171E XII• the Mayor be, and he is hereby, I further certify that the legal notice hereto attached in the matter o1 ECUTION AND DEL VERY OF A authorized to exavte, acknowledge BOND PURCHASE AGREEMENT FAYL . me dearer the Bond Purchase Issuer. AMONG . AR CITY OF PATAN. mel for and on wolf d the Issuer. DA RD TEVILLREGISTER ISTER CAS. THE STAN. The ism and melena ic is Homy DA BRADFORD& CO .; ANY ORIZ- approved Agreement. Iswhichade head C. THE LE k CO.; BONDS AND approved and which b made • part ve / LNG TIE CUTIOF TND BONDSAND logmai wit h substantially u THE N OFFICIAL AND STATEMENT louddvi was published in the regular dally Issue of said newspaper for OF AN OPON WITH ST HESALE IN (Advice far b f goo gives that a copy THE SOTIOY WITH TRE SALE AND of et i torr le Bond Puffs of Agee- r least ++rS^" In6ertlor�d as fOIfOWB: THE BONDS; AUTHORIZING AND met b su Rb fe the din. d the hod PRESCRIBING OTHER MATTERS Clerk and rHertest may h Nd TION PERTAINING 7D THE ACF HE tMction . That them b , myth The fire[ Insertion on the � D day of _G%? 1 TION AND iNSTALHE FN OF THE Section nut. That dant it and ghee s. PROJECT AND THE FINANCING DaeDlauthorisedand ofapredthees. EHEREOF; AND DECLAIUNG AN and a am deurery d a mend i n the the second Insertion on the day of 19 EMERGENCY. am a Mal Official Ststemeat a me . Whores, to Ctll d is authorize, much farm and adore umalemtmb arbnavaweed under the provisions m the d umlar financings. A the third insertion on the flay of 19 std empowered Of under are ppvbbm ccooppyy d the Mal Olfnhl Sat "Cat d Act No, p of the First Estsaaednary elan h filed a ate Orme d the city . Aeaem y the Sia Sf Ark Genual Clerk and W Y Y 79 t7 suspected b a interested City and the fourth insertion on thp�g�,,,p��da3'� of f Asamblydthe Saled Artuws, asp• person. fvGlf ,A�L�n I_" Acts d January rl, TYPO, a amended Sectlon S. That the Mays and City , r r. "Act"). n auto rtreraa bonds ba lea for and on hee. y, the Issuer, tor, and n enter into erg oaring d as and they art aereby, authorized MIO in Y. eq in, the ndsacng es nm dlrsestry rto ef effect any and all n and machby a equipment f and standing neeeuary n effect the execution am used Dl a company for the securing deanery of the Indenture, the exam- � y� and devebpngof Wastry, upon std Hon am deavery d the Bonds, the ea- Sworn to and subscribed before me on this z — - day of terms am ewditiona u lh goreming ecatbn and delivery of the Agreement body of the Issuer may dorm advisable of Sale, the execution and delivery of p and as shall nof conflict with the pevF the Bond Purchase Agreement. the On. side Of the Act; arid asvtldn, delivery and use of the Of. ILX_nla . Aa' A 19�� WHEREAS, certain machinery, ficial Statement (Preliminary and equipment and facilltles (the "Pru Final) and the performance of all acts ject' ) are being acquired and insisted of whatever rature necessary to effect — at an cabling indusblal atlliry and carry Out all obligations d the �L1� located a ern City d F.YNprtlb. Lester under any of said Wwments - No ry Public Aamms, to be used in use manufau and the authority conferred by the Io-luring facilities operated by Rha Sum. denture and by this Ordinance. That i ; r dard Register Company, an Ohio es• the Mayor and City Clerk be, and they ry mcaithe "Canpsay"): and Are herby, further authorized and MY Commission Expires : I' , l' "i . • ', , WHEREAS. Issuer prvpss b isnme directed, for and on behalf of the Industrial Development Revenue Issuer, n execute all papers, + \ ' ! , Boils, Serio A (Da Standard ekoumepb, certificates and other n- ' 1 \ •) n ( � Register Company ihajeetl lona in- struments that may hrequ'ved(s time "amts"I, for the Wrpo.eoflhaalrtg carrying Out d such authority orb ' - thrPmjs'" one yng lh expenaesd evidence theexerctu thersl. ' ourhorixineam Huang the Bosea; .m Section a. That, as cpectied in tae 7 W1fEAFAi, Ura soma as hiry Agreement d Serb aM as aurlrsbed Fees fOr PrlatlDg _ �D( ` - , ed un der aAd 6eened It an Ire• by me Ad. the Company b b proceed nue d Trust be the Isluar am with the acquisition and isallatioo of , d!e TmudeelUa^Indmurt' and the Project, utilizing Ua proceeds of . WHEREAS, that bear and the Com. the Boma made available b it under COet Of P[o01 aaev win oder into as Agremoses d the pmswmof the Agreemml /�s/ / .� ;asp fere ••Agremaam'7 concerning Section 7. That the provbios of this /�(,J i Z s(/ t ", he trams and comitbs d the Ordinance am hereby declared n be Total = :,.,, ,11" �,,, • :s*er'a padeyation in the fWrcing estimable, and B my section. phrase I A the Project; and or provision shall far any me= be WHER};AS, the Benda art in the declared to be Invalid, such declare. .rindind amount, bon lateral, tion shall not affect the validity of the whom And art mbject n redemption rcrnsi der of the eectioas, paraas and is hereinafter set forth to the form of prdvbians a�'fgfgw.f -menture authorized by the or• Section a. That all ordinances, Aly CCY fiance; , resobtiana and pard thereof in coo- NOW. THEREFORE, BE R OR. flict herewith are hereby repeated to )ALNEU by the Board of Dir anwif thsWOtOf mchcoMnt 0 'j10 j1Q he City of Fayetteville, Araaruu; • Section p. That Wert is hereby four C s y Section 1. Tlut umip bmaecw d fhi= and declared n be an tmmed'ate need roma purmapl b theprarbbm d th. . for the securing and developing of n- ,y` - ofenture b hereby auarw¢ed. $tris dastry in order to Provide employment —"''a:aLy N Bsda n the prnHp.I ant d and payrolls, alleviate unempnymel - . � . :t,mpp,exl lea him eaNN am delivered , and Otherwise benefit thie public ` w'y' ' nitiully and the l ohm provides lee' health.safety and welfare of as Law he ancng of Additional Bala upon- and the inhabitants thereof, and then i:dmDiiance w ion to sumo set leads as ..MMood Hoof the Bonds authorized sac ere ery ane Intimations. To Proscribe the tams . � conditions to [Pwhich the Bend. %uWZ d h� be 020cialial orseby are Immediately ythe '�. 6"W.held and secaal me these Wantheinticatied, hite benefits aac�PDshngd n herby mawchel and b. therefor, dcelarwa teat an�epo STATEMENT FOR ADVERTISING Nort4wrBt Arkanans 0tm s ed Wire a' DRAWER D C irculation I'Leas Associated a a' I FAYETTEVILLE, ARKANSAS Pays 72701 ��//�� 19C� To Advertiser �S ` / Rat. Month of - Date— 1 2 3 A 5 6 7 8 9 10 11 12 13 14 15 16 17 Number Inches Number Lines Amount TQfQ6WAccount Rendered 3 18 19 20 21 22 23 24 25 26 27 28 29 30 31 T01 excess s /t TO, AL s I.cxcs TOTAL IsIZ26 ALL ACCOUNTS DUE NOT LATER THAN IOTH OF MONTH. YOUR CREDIT IS VALU- ABLE..PROTECT IT D.AjCCO//jM///M//O) DAATT4 US BY EMITTING�JPRROOMPTLY. .