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HomeMy WebLinkAboutOrdinance 3024 ORDINANCE NO . 3024 MICROFILMED AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER ACT NO . 9 OF 1960 , AS AMENDED , FOR THE . PURPOSE OF PROVIDING PERMANENT FINANCING FOR THE COST OF SECURING AND DEVELOPING INDUSTRY ( THE PARTICULAR INDUSTRIAL PROJECT IS DESCRIBED IN THE ORDINANCE ) ; AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE SECURING THE BONDS ; AUTHORIZING AND PRESCRIBING CERTAIN OTHER MATTERS PERTAINING TO THE INDUSTRIAL PROJECT , THE CONSTRUCTING THEREOF AND THE FINANCING THEREOF ; AUTHORIZING A LEASE AGREEMENT BETWEEN THE : CITY OF FAYETTEVILLE , AS LESSOR AND SCHEDULED "A TNC '. , : AS LESSEE , IN SUBSTANTIALLY THE FORM AND WITKcSUBS ! ALLY: ' . THE CONTENTS SET FORTH IN AND MADE A PART 0! ",I S O INANCE : ' AUTHORIZING THE EXECUTION AND DELIVERY ; Y9ht� THE ASE AGREEMENT : PRESCRIBING OTHER MATTERS RELATE c_ THERX:f90 :, �,,, DECLARING AN EMERGENCY . M M WHEREAS , the City of Fayetteville , Arkansas" 90 ' City " ) is authorized by Act No . 9 of- the First Extraordinar Session of the Sixty-Second General Assembly of the State f Arxansas , approved January 21 , 1960 , as amended ( " Act No . 9 " ) , . o acquire lands , construct and equip industrial buildings , improvements , and facilities , and incur costs and expenses and make expenditures incidental to and for the implementing and accomplishing of the conduct of industrial operations ; and WHEREAS , the. City is authorized by Act No . 9 to issue industrial development . revenue bonds payable . from . revenues derived from the industrial project so . acquired and constructed and secured by a lien thereon and security interest therein ; and WHEREAS , the City pursuant to Resolution No . 68 - 84 , adopted June 19 , 1984 , has entered into an agreement thereto with Scheduled Skyways , Inc . , an Arkansas corporation ( the " Company " ) to issue such bonds under Act No . 9 to the extent of $ 400 , 000 for the purposes hereinafter described for the benefit of the Company , such bonds to be issued in one or more series as the Company may request ; and WHEREAS , the necessary arrangements have been made with the Company for a substantial industrial project consisting of the acquisition , construction , and equipping of facilities ( the " Project " ) to be utilized in the Company ' s operations , maintenance and support activities related to its airline and flight support business located at Drake Field ; and WHEREAS , the necessary arrangements have been made to lease the Project to the Company pursuant to the terms of a Lease Agreement ( the " Lease Agreement " ) ; and fr fS WHEREAS , permanent financing of the Project costs , necessary costs and expenditures incidental thereto and the cost of the issuance of bonds is being furnished by the City issuing Industrial Development Revenue Bonds under the provisions of Act No . 9 of the • principal amount of not to exceed Three Hundred Thirty Thousand Dollars ( $ 330 , 000 ) ( the " Bonds " ) ; and WHEREAS , the completionof the Project will furnish additional employment and other benefits , . and be in the best interests of the City: and its residents ; and. WHEREAS , the Bonds are to be sold and delivered in the principal amount of $ 330 , 000, and are dated , bear interest , mature and are subject to redemption as hereinafter set forth in the form of Indenture authorized by- this Ordinance ; and . WHEREAS , the City proposes to enter into a Bond Subscription Contract with First National Bank , of Fayetteville , Arkansas ( the " Purchaser " ) for the sale to it of. said Bonds ; NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . The Board of Directors makes the following findings and determinations : ( a ) That based on information compiled. and released by the Arkansas Employment Security Division , unemployment in Washington . County during June of 1984 averaged 5 . 7 % . It has been determined that current employment at the Company ' s existing facility located in the City is 260 persons , and that one year following completion of the Project employment at the Company ' s operations in the City is estimated to be 300 persons . Accordingly , the completion of . the . Project will maintain existing employment , provide additional employment and other benefits . ( b ) The ' Company is an industry which owns and operates a scheduled airline and related flight service operations at Drake Field , the City ' s airport . ( c ) The Company ' s presence in the City of Fayetteville is and . will continue to be an important factor in the economic well being and employment base for the City and its inhabitants . ( d ) The improvement of efficient and regularly scheduled passenger air service into and out of the City of Fayetteville is an integral part of the City ' s efforts to further secure and develop industry . - BON, 18�, -; - 2 - ( e ) The City ' s assistance to the Company in financing further improvements to and an expansion of the facilities at Drake Field under Act 9 , with such facilities to be leased to the Company , will serve the best interests of the City and its inhabitants and satisfies a , proper public purpose , with.in the meaning of Act 9 , toward the further securing and developing of industry . Section 2 . That there be , and there is hereby . authorized and directed the following : ( a ) The sale of the Bonds for the price of $ 330 , 000 plus accrued interest to date of delivery , according to the terms of said Bond Subscription Contract which Contract is hereby approved and authorized . to be executed by the Mayor_ and City Clerk on behalf of the City at the request of the Company ; ( b ) The acquisition and construction . of the Project , and , in connection therewith , the execution of any necessary architectural , engineering , or construction contracts or the acceptance of an' assignment of any such contracts previously executed by the Company for the construction and equipping of the Project ; and ( c ) The performance of all obligations of the City under the Lease Agreement pertaining to the constructing and equipping of the Project and the performance of all obligations of the City under the contracts referred to above . Section 3 . The Bonds shall bear interest at the floating . rates of interest , not to exceed fourteen percent ' ( 14 % ) per annum , shall mature on September 1 in the years 1985 to 1999 , inclusive , and shall be in the original principal amount of $ 330 , 000 . as specified in the Indenture ( hereinafter authorized ) . To provide the terms and conditions upon which the _ Bonds are ' to be secured , executed , authenticated ; issued , accepted , and held , the Mayor is hereby authorized and directed to execute and acknowledge a Trust Indenture , by and between the City and First National Bank , of . Fayetteville , Arkansas , as trustee ( the " Trustee " ) , dated as of September 1 , 1984 ( the " Indenture " ) , and the City Clerk . is hereby authorized and directed to execute and acknowledge the Indenture and to affix the seal of the City thereto , and the Mayor and City Clerk are hereby authorized and directed to cause the Indenture to be accepted , executed , and acknowledged by the Trustee . . The Indenture is hereby approved in substantially the form submitted to this meeting , and the Mayor is hereby authorized to confer - 3 - NOKJ� 2C with the Trustee , the Company , and the Purchaser in order to complete the 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 . ( Advice is given that , pursuant to Act No . 9 , a . copy of the Indenture in substantially the form authorized to be executed is on file with the City Clerk of the City of Fayetteville , and is . available for inspection by any interested person . ) Section 4 . That there be , and there is hereby authorized the execution and delivery of a Lease Agreement , dated as of September 1 , 1984 , by and between the City as Lessor and the Company as Lessee ( the " Lease Agreement " ) , and the Mayor and City Clerk be , and they are hereby authorized to execute , acknowledge and deliver the Lease Agreement for and on behalf of the City . The Lease Agreement is hereby approved in substantially 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 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 . ( Advice is given that , pursuant to Act No . 9 , a copy of the Lease Agreement in substantially the form authorized to be executed is on file with the City Clerk of the City of Fayetteville , and is available for inspection by any interested person . ) .Section 5 . That there be , and there is hereby authorized the execution and delivery of a Mortgage to secure repayment of the Bonds , in form recommended and approved by the Company , whereby the City will mortgage all real property leased to the Company under the Lease Agreement , and the Mayor and Clerk be , and they are hereby , authorized to execute , acknowledge and deliver said mortgage for and on behalf of the City . Section 6 . The Mayor and 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 of the Lease Agreement , the performance of the City ' s obligations under _the Lease Agreement , the execution and delivery of the Indenture , its execution and acceptance by the Trustee , the performance of all obligations of the City under and pursuant to the Indenture , the execution and delivery of the Bond Subscription Contract , the executionand delivery of the Bonds , the execution and delivery of an official statement in form and substance satisfactory to said officers and the Purchaser , and the performance of all other 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 7 . That since the City is , here involved with the constructing and equipping of a complex industrial project , requiring highly specialized work and specialized types of machinery and equipment , it has been and is hereby determined by the Board of Directors that competitive bidding be , and the same is hereby , waived as to this .particular industrial project . This action is taken by the Board of Directors pursuant to applicable laws of the State of Arkansas , including particularly Act No ., 9 . Section 8 . Rose Law Firm , a Professional Association , of Little Rock , Arkansas , is hereby appointed as Bond Counsel with respect to .the issuance of said bonds , the fees and expenses of which firm shall be costs of the Project . Section 9 . That the provisions of this Ordinance are hereby declared to be severable , 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 or 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 substantial industrial operations in order to provide additional employment , alleviate unemployment ,. and otherwise benefit the public health , safety , and welfare of the City and the inhabitants thereof , and the issuance of the Bonds authorized hereby and the taking of the other action authorized herein are immediately necessary in connection with the securing and developing of substantial industrial operations and deriving the public benefits referred to above . It is , therefore , declared that an emergency exists and this Ordinance being necessary for the immediate preservation of the public health , safety and welfare shall be in force and take effect immediately upon and after its passage . August 21 ? PASSED_ : 1984 . - Paul R . Noland , Mayor i pff S rn ,'d M ! " .• ? ::• �Pc y Cle BGOY. .4 oum8PNGE522 n • ( S E - 5 - CERTIFICATE I , the undersigned , City Clerk of Fayetteville , Arkansas , hereby. certify that the foregoing instrument is a true , correct and perfect copy of Ordinance No . 3024 adopted at a regular meeting of the Board of . Directors of the City of Fayetteville , Arkansas , held at the City Administration Building in said City , at 7 : 30 P . M . , on the 21st day of August , 1984 . GIVEN under my hand and seal on this 21st day of August 1984 . F A r( Uf� •��, �•� �,, r 4 City erk rn 041f . i : r 0 UN GE RECOM CERTIFICATE OF RECORD I CF r:!e;,.tNISAS .1 + r _ _unty. � State Of Arkansas SS .';-.rl L r';ra . t t.r, Circu;f Clerk and Ex-Officio Recorder>'a0 City of Fayetteville ra. ' -y, cc hzrc';1 cartify that the annexed O fora• I, Suzanne C. Kennedy, City Clerk and of i .jIar r c . to my . Tice on th:4 Z.. Ex-Officio recorder for the City of Fayetteville, g� do hereby certify that the annexed or fore- �T� Int— record a the sam 1 Y . ' :I} � - rdedis - retard a pa going is of record in my office and the same ap- it ress my hand and sea] th' _ _ days zI4 pears in Ordinanco & Resolution book Y11_at page fitness my Circuit Clerk and hand an(Ie seal t is d Y of Of R ad yI Iv_ De A Clerk C' .r]: . ', i Retort] r BUY. y�1 ?46E,5 - 6 - STATEMENT FOR ADVERTISING Nnrt4wrat Arkansas UtmPs Leased Wire of DRAWER D Circulation Associated Press FAYETTEVILLE, ARKANSAS Where 1t Para 72701 �l 7 19 T Month of ;ZU V Dale— 1 2 3 4 5 6 7 8 9 10 11 12 1 1.3/ 14 11.5 T75 17 Numbs Inchaf 1 -1 F — d/ Amount To BalaMa Account Rondmad f 18 19 20 21 22 23 24 25 26 27 28 29 30 31 TOTAL , f IMCXtl TOTAL f IXCXfa TOTAL ALL ACCOUNTS DUE NOT LATER THAN 10TH OF MONTH. YOUR CREDIT IS VALU- ABLE. PROTECT IT AND ACCOMMODATE US BY REMITTING PROMPTLY. OWN—.c lymo. nBRAND i STATE of ARKANSAS �,t t '. .ry - County of Washington • \ 1 I . "�` = hereby certify that I r, am the publisher of THE NORTHWES ARKANSAS TIMES, a daily newspaper 00 _ having a second class mailing privilege, and being not less than four pages of - -•.t five columns each, published at a fixed place of business and at a fixed ( daily) ' i"1 intervals continuously in the Citv of Fayetteville, County of Washington, Arkansas r a for more than a period of twelve months, circulated and distributed from an (•r established place of business to subscribers and readers generally of all classes r - in the City and County for a definite price for each copy, or a fixed price per annum. which price was fixed at what is considered the value of the publication, r based upon the news valueand service value itcontains. thatat least fifty percent of the subscribers thereto have paid cash for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of at least six gs months; and that the said newspaper publishes an average of more than forty .:td percent news matter. FORM AND WITH SUB - tions of mer...�.- STANTIALLY THE CON . contracts referred to above. t further certif%, that the legal notice hereto attached in the matter of TENTS SET FORTH IN AND Section 3. The Bonds shall I g MADE A PART OF THIS OR bear interest at the tloatinq DINANCE : AUTHORIZING rates of interest, not to exceed THE EXECUTION AND DE- fourteen percent (14 percent) I ` { LIVERY OF THE LEASE per annum, shall mature un AGREEMENT : PRESCRIB- September l in the years 1985to ING OTHER MATTERS RE- 1999, inclusive, and shall be in was P newspaper published in the regular daily Issue of said news a er for / LATING THERETO: AND the original principal amount D E C L A R I N G A N of S330,000 as spe<cfietl in the consecutive insertions as follows: EMERGENCY. indenture ( hereinafter / 1' WHEREAS, the City of authorized) . To provide the r (t 1_ Fayetteville, Arkansas (the terms and conditions upon The first insertion on the/r' 1L-Z' day of �- ���`-� r �-x- 19 L,; "City") is authorized by Act which the Bonds are to be N o . 9 o f the First secured, executed, aufhen- the SOCOnd insertion On the day of 19 Extraordinary Session of the ticated, issued, accepted, and Sixty - Second General held, the Mayor is hereby Assembly of the State of authorized and directed to the third insertion on the day of Arkansas, approved January execute' and acknowledge a 19 21, 1960, as amended ("Act No. Trust Indenture, by and be. g-), to acquire lands, construct tween the City and First Na- and the fourth insertiono e dav of 19 and equip Industrial buildings, tional Bank, of Fayetteville, _ improvements, and facilities, Arkansas, as trustee ( the and incur costs and expenses "Trustee"), dated as o1 Sep- � and make expenditures in- tembar 1, 198 (the '•Intlem cidental to and for the im- ture"), and the City Clerk Is I / v plementing and accomplishing hereby authorized and directed /Sworn to and subscribed before me on this � f ��- day of of the conduct of Industrial to execute and acknowledge operations: and the indenture and to affix the i WHEREAS, the City is seal of the City thereto, and the ' zi` "�EL 19F authorized by Act No. 9 to issue Mayor and City Clerk are Industrial development rave- hereby authorized and directed I nue bonds payable from reve- to cause the Indenture to be I nue, derilved from the industri- accepted, executed, and ac' Noo y Public al prolect so acquired and knowledged by the Trustee. constructed and secured by a The Indenture Is .hereby lien thereon and security inter- approved in substantially the 1h' Commission Expires: est therein; and form submitted to this meet- WHEREAS , eet-WHEREAS , the City ing, and the Mayor Is hereby l� pursuant to resolution No, authorized to confer with the 68-84, adopted June 19, 1984, Trustee, the Company, and the has entered Into an agreement Purchaser in order to Complete thereto with Scheduled the Indenture in substantially Skyways, Inc., an Arkansas the form submitted to this corporation (the "Company") meeting with such changes asto issue Such bonds under Act shall be approved by Such Fees for Printinu __ J ` C' No. 9 to the extent of Sa00,000 persons executing the docu- - -- for the purposes hereinafter men?, their execution to con- described for the benefit of the stitute conclusive evidence of Cost of Proof 3 _ Company, such bonds to be such approval. issued In one or more Series as ( Advice is given that , the Company may request; and pursuant to Act No. 9, a copy of Total WHEREAS, the necessary the Indenture in substantially I arrangements have been made the form authorized to. be with the Company for a sub- executed is on file with the City 3tantial industrial project con- Clark of the City of Fayet- sisting at the acquisition, con- teville, and Is available for struction, and equipping of fa- Inspection by any Interested cilities (the " Project") to be person.) r � - utilized In the Company's Section A. That there be, and / operations, maintenance and there is hereby authorized the support activities related to its execution and delivery of f airline and d at support buss- Lease Agreement, dated a3 e- I ness located al Drake Field: September 1, 1986, Lessor antl nd I ddd tureen the ny a5 ess" and j WHEREAS, the necessary the Company as Less" (the ! arrangements nave been made "Lease Agreement") , and the to lease the Project to the Mayor and City Clerk be, and Company pursuant ee the they are hereby edge a d e. to terms of a Lease ant") ; and execute, acknowledge and for (the "Lease Agreement") ; and diver the Lease Agreement for WHEREAS, permanent fiand on Agrethe City. The nancing of the Protect costs,, Lease Agreement nt is herebw a . a xPen- enori'iinc:demnlinereia and juror submitted- t0-thie^m:e?V ,. the COnlPapy nmY 1 =4w•-• • --. WHEREAS, the necessary the indenture in sub5tanliauy arrangements have been made the form authorized to. be - with the Company for a Sub- executed is On file with the City Stentlal industrial project con. Clerk Of the City of Fayet- sisting Of the acquisition, con. teville, antl Is available for struction, and equipping of fa- Inspection by any interested cilities (the , ProiKP') t0 be person.) ere- utilized In the Company's there ihereby authorized Zetl ine operations, maintenance and execution and delivery Of a support activities related to itsOf airline and MOW support bust- Lease Agreement da84, ted a as e- \ nese located at Drake Field; Septet the City9as Lessor and \ WHEREAS, the necessary the Company as "Less" (the arrangements M1eVe been made "Lyase Agreement"), and d the e and to, lease the Project 10 the they are nhereby ad City trk uthorzed to �\ company pursuant the Of terms of a Lease Agreement ment execute, acknowledge and de- (the "Lease Agreement"); and liver the Lease Agreement for WHEREAS, permanent fl- and on behalf of the City. The nancing of the Project costs, Lease Agreement Is hereby ditures Incidental thereto�tnd form approved bmitted to in" meet the cost of the issuance of . Ing, and authorized the Mayor IS hereby ttbie City issuing Industrinds Is being al)Develd by l-- Company, the Trustee, and the opment Revenue Bonds under Purchaser in order to complete the provisions of Act No. 9 Of the Lease Agreement in sub- tne principal amount of not to stantlallY the form submitted exceed Three Hundred Thirty to this meeting, with such Thousand Dollars (3740,000) cnanges as shall be approved fine "Bonds") ; and by such persons executing the ' WHEREAS, the completion document, their execution to of the Project will furnish ad- constitute evidence of such ap- dittOnal employment and other proval. best ( Adlce Is Given that' bterests of nefits, andthee C tyt and Ita pursuant to Act No. 9; a COPY Of . residents; and the Lease 'Agreement in sub- WHEREAS, the Bonds are to stanilally the form authorized be HEsold and delivered (n the to be axecutedis on f Ile with the principal amount of $770,000. City Clerk of tno City of and are dated, bear Interest, Fayetteville, and IS available mature and ere subject t0 refor Inspection by any interested demotion as hereinafter ' set person.) forth in the form Of Indenture Section S. That there be, and authorized by this Ordinance; executionere is hs reby and deliveallthory ized n ry Of a and WHEREAS, the City pro- Mortgage to 4e Cu f rm recon poses to enter into a Bond of the Bonds,Subsription in form recom- th Fir5lcNetionel Bank, Of Feylet. ComPanY andapproveeby t ey City the ' teville , Arkansas ( the will mortgage all reel property er "Purchaser") for the $ete to it the L ase A9reement,t and the of said Bonds: NOW, THEREFORE. BE IT Mayor antl Clerk' be, and they ORDAINED BY THE BOARD are herebY, authorized' to OF DIRECTORS OF THE execute, acknowledge and de- CITY OF FAYETTEVILLE, _ liver s behalf ofdheCitgyaga for and on ARKANSAS: Section 1 . The Board of Section 6. The Mayor and Directors makes the following City Clerk, for and on behalf of findings and determinations: the City be, and they are (a) That based On Inform8 hereby , authorized and ton compiled and released by directed t0 d0 any and all the Arkansas Employment SO- things necessary 10 effect the .curity Division, unemployment ,execution of , the Lease , In Washington County during" Agreament) ' the cperformance June Of 1984 averaged 5.7 per- . Of the City's Obligations under cent. It has been determined the Lease -Agreement, the that current employment at the execution and delivery of the ity Indenture, its execution and localed In theexisting f s 260 acceptance by the Trustee, the person$, and that one year performance Of all obllgetiOna ` _1 following Completion of the of the City under and pursuant Project employment at the to the Indenture, the execution Company's operations in the and delivery of the Bond Sub• City is estimated to be 708 scliptlOn Contract the lxKu- persons. Accordingly, the floe and delivery Of the Bonds, completion of the Project will the execution an delivery of maintain existing employment, an official statement in form provide additlonal employment and duostance ce satisfactory atisfrs ct ryto ne and other benef its. (b) The Company Is an in, Purchaser, and the perfon dustry which owns and mance of. all other acts Of to and arelatedC�9httl whatever Service effect and carrure y the operations at Drake Field, the autthority conferre Myyby this or. �!-L City's airport. (c) The Company's presence the City Clerk be, and they are in the City of Fayetteville is hereby, further authorized and and will continue to be an directed. for an on behalf Of important factor in the ecO- the City, to execute all papers, nornlc well being and documents, certificates and employment base for the City required forer t the carents lryin9 Out Of at may be and its he bitants. I improv (tl) The improvement of at, such authority Or to evident f iclent and regularly scheduled the exercise thereof. out of the CiSectionif �arvice into and City of Fayetteville Is is hereinvolved with the con' an Integral part Of the City's strutting and equipping Of a `mei efforts to further secure and complex Industrial project* develop specialized ed (at The Cily,s assistance to work rsae 11 zed types Of the Company in 11nancing machineyndequPment has been and Is hereby da' further improvements to and 01 an expansion of the facilities at for e,tby the Board Drake Field under Act 9, with Di ngor b that competitive tling b such facilities to be leased to bid !, end the same Is the Company, will serve the heey, ,awed s to tt"� _ .._ ,M best Interests Of the City its Particular inhebtents antl Satisfies a Thi!e ni�to]irectorskpursuantM WHEREAS, the City Of authorized) . To proviae the Fayetteville, Arkpnsas (the terms and conditions upon The first insertion on then day of - '-•! " / 19 "City") Is ,aulhorized by Act which the Bonds are to be I �� N o 9 , of the First secured, executed, aothen- ExtraortlmaryoSession of the Heated, issued, accepted, and the second insertion on the dap of 19 Sixty - Second General held, the Mayor Is hereby Assembly Of She State Of authorized and directed to the third insertion On the dap of 19 Arkansas, approved January execute and acknowledge a 21. 1960, as amended ("Act No. Trust Indenture, by and be- g"), t0 acquire lands, construct tween the City and First Na- and the fourth insertion og.� e day of 19 and equip Industrial buildings, tional Bank, of Fayetteville, improvements, and facilities. Arkansas. as 'trustee (the and incur costs and expenses "Trustee"), dated as of Sep- and make expenditures In- tember 1, 1984 (the "Inden- W cidental to and for the im- ture"), and the City Clerk IS v plementing and accomplishing hereby authorized and directed Sworn to and subscribed before me on this / / 'L• day of of the conduct of Industrial to execute and acknowledge //' operations; and the Indenture and to affix the �, 1 �Lt( 1 7 WHEREAS, the City is seal of the City thereto, and the ��' Xfi 19p Y authorized by Act No. 9 to issue hereby and City Clerk arei�� Industrial bdevelopmenty Act No. 9 t revs- hereby autd City and tlirectetl l� r'\'^C\/✓ _ nue bonds payable from reve- to cause the Indenture to be ``{{ nue. derived from the industri. accepted, executed, and ac �Nq( jy Public at project so acquired and knowledged by the Trustee. constructed and secured by a The Indenture is .hereby lien thereon and security inter- approved in substantially the My Commission Expires eSt therein; and form submitted to this meet- WHEREAS , eet-WHEREAS , the City Ing, and the Mayor IS hereby — )—� pursuant t0 resolution NO. authorized to confer with the f 68.84, adopted June 19, 1984, Trustee, the Company, and the has entered into an agreement Purchaser In order to complete thereto with Scheduled the Indenture in substantially Skyways, Inc., an Arkansas the form submitted to this corporation (the "Company") meeting with such changes as to Issue such bonds under Act shall be approved by such Fees fol' Printing No. 9 to the extent of $400.000 persons executing the docu L' -- --- fur the purposes hereinafter ment, their execution to con. described for the benefit of the stitute conclusive evidence of Cost Of Proof —_ 5 Company, such bonds to be such approval. - issuedinoneormoreseriesas ( Advice is given that, The Company may request; and pursuant to Act No. 9, a copy Of Total _ ,�-✓_-��_ O WHEREAS, the necessary the Indenture In substantially -- arrangements have been made the form authorized to. be with the Company for a sub- executed is on file with the City stantial industrial project con- Clerk of the City of Fayet- sitting of the acquisition, can- teville, and Is available for e struction, and equipping of fa- Inspection by any interested / 7 cilities (the "Pr(ltect") to be person.) utilized In the Company's Section �. That mere De, antl C operations, maintenance and there is hereby authorized the ✓ - support activities related to its execution and delivery of a airline and flight support busi- Lease Agreement, dated as of ness located at Drake Field; September 1, 1984, by and be. and tween the City as Lessor and WHEREAS, the necessary the Company as Lessee (the arrangements have been made "Lease Agreement"), and the to lease the Project to the Mayor and City Clerk be. and Company pursuant to the they are hereby authorized to terms of a Lease Agreement execute, acknowledge and de- (the "Lease Agreement" ) ; and liver the Lease Agreement for WHEREAS, permanent fi- and on behalf of the City. The nancing of the Project costs, Lease Agreement is hereby necessary costs and expen- approved in substantially the ditures incidental fnereto and form submitted to this meet- the cost of the Issuance of ing, and the Mayor is hereby bonds is being furnished by the authorized to confer with the City Issuing Industrial Devel. Company, the Trustee, and the opment Revenue Bonds under Purchaser In order to complete the provisions of Act No. 9 Of the Lease Agreement in Sub- the principal amount of not to stantially the form submitted . exceed Three Hundred Thirty to this meeting, with such Thousand Dollars ($370,000) changes as shall be approved (the "Bonds" ) ; and by such persons executing the WHEREAS, the completion document, their execution to of the Project will furnish ad- constitute evidence of such ap- ditlonal employment and other proval. benefits, and be in the best ( Advice Is given that, interests of the City and its pursuant to Act No. 9, a copy Of residents; and the Lease Agreement in sub- WHEREAS, the Bonds are t0 stantially the form authorized be sold and delivered in the to be executed ison filewith the principal amount of $330.000, City Clerk of the City Of and are dated, bear interest, Fayetteville, and IS available mature and are subject to re. for Inspection by any interested demotion as hereinafter ' set person. ) forth in the form of Indenture Section 5. That there be, and authorized by this Ordinance; there is hereby authorized the �!Z and execution and deliveryOf 8 WHEREAS, the City pro- Mortgage to secure repayment poses to enter into a Bond of the Bonds, in form raconl- Subscription Contract with mended and approved heythe C fy First National Bank, of Fayet- Company, whereby teville , Arkansas ( the will mortgage all real property " Purchaser") for the sale to if leased to the Company under of said Bonds; the Lease Agreement, and the NOW. THEREFORE, BE IT Mayor and Clerk be, and they ORDAINED BY THE BOARD are hereby, authorized to OF DIRECTORS OF THE execute, acknowledge and de- CITY OF FAYETTEV ILLE, liver said mortgage for and on ARKANSAS : behalfof the City. Section 1. The Board of Section 6. The Mayor and Directors makes the following City Clerk, for and on behalf of flndingsand determinations: the City, be, and they are (a) That based on informa. hereby, authorized and tion compiled and released by directed to do any and all the Arkansas Employment Se- things necessary to effect the curity Division, unemployment execution of the Lease In Washington County during Agreement, the performance June of 1984 averaged 5.7 per of the City's obligations under cent. It has been determined the Lease Agreement, the that current employment at the execution and delivery of the r.nnmanv's . +isnno far.inty tndpnture. Its execution and