0590
l",t ,
ORDINANCE NO. 5 9 0
AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
BONDS UNDER 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, FOR THE PURPOSE OF PRO-
VIDING PERMANENT FINANCING OF THE COSTS OF SECURING AND DEVELOP-
ING 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
OTHER MATTERS PERTAINING TO THE ACQUISITION, CONSTRUCTION AND
EQUIPMENT THEREOF; AND DECLARING AN EMERGENCY.
WHEREAS, the Ci ty of Jacksonvi 11 e, Arkansas (the "Ci ty") is
authorized by 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 ("Act No.9"), to acquire lands, construct and equip
facilities and to incur other costs and expenses and make other ex-
penditures incidental to and for the implementing and accomplishing
of the conduct of manufacturing operations; and
WHEREAS, the City is authorized by Act No.9 to issue Industrial
Development Revenue Bonds payable from revenues derived from such in-
dustrial project so acquired and constructed and secured by a lien there-
on and security interest therein; and
WHEREAS, the necessary arrangements have been made with AGL
Corporation, an Arkansas corporation (the "Company"), for the acquis-
ition, construction and equipment of a manufacturing plant consisting
of lands, buildings, improvements, machinery, equipment and facilities
which will be utilized for the manufacturing of such products as the
Company shall elect to manufacture (the "Project") and to lease the
Project to the Company pursuant to the terms of a Lease and Agreement
subsequently i'denti fied herei'n and referred to as the "Lease Agreement";
and
WHEREAS, permanent financing of the Project costs, necessary
costs and expenditures incidental thereto and expenses of authorizing
and issuing bonds, is being furnished by the City issuing Industrial De-
velopment Revenue Bonds under the provi'si'ons of Act No, 9 (the "'Bonds");
and
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PAGE TWO
ORDINANCE NO~ 5 9 0
WHEREAS, the Bonds are to be sold and issued in series, with there
being initially issued Series 1980 Bonds in, t.he pri.ncipal amount, bearing
interest, maturing and subject to redemption as hereinafter set forth in
the form of a Trust Indenture authorized by this Ordinance;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Jackson-
ville, Arkansas:
Section 1. That there be, and there is hereby authorized and directed
the following:
(a) The sale of the Series 1980 Bonds to Powell & Satterfield,
Inc., Little Rock, Arkansas, and the execution by the
Mayor and City Clerk of a Contract of Purchase with
such purchaser for the price and pursuant to the terms
recommended by the Company (a copy of which shall be filed
in the office of the City Clerk);
(b) The acquiring, constructing and equipping of the Project,
and in connection therewith, the execution of contracts,
and the acceptance of assignments of contracts, for the
acquiring, constructing and equipping of the Project;
(c) The performance of all obligations of the City under the
Lease Agreement pertaining to the acquiring, constructing
and equipping of the Project and the performance of all
obligations of the City under the contracts referred to
in (b) above; and
(d) The application for guaranty of the Series 1980 Bonds by
the Arkansas Economic Development Commission, The Company
is hereby authorized to make application on behalf of the
City for the Arkansas Economic Development Commission
Guaranty and all acti'ons by the Company wi.th respect there-
to are hereby ratified.
Section 2. That the issuance of the Bonds from time to time.is here-
by authorized, and the immediate delivery of the Series 1980 Bonds is here-
by authorized. 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 di.rected to execute and acknowledge a Trust
Indenture (the "Indenture"'), and the City Clerk is hereoy authorized and di-
rected 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, which constitutes and is hereby made a
part of this Ordinance, shall be in substantially the following form, to
wit:
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PAGE THREE
ORDINANCE NO. 5 9 0
(Advice is hereby given that a copy of the Trust Indenture
is on file in the office of the City Clerk of the City and
is available for inspection by any interested person.)
*
(NOTE: FILE LOCATION: VARIOUS BOND ISSUES/CITY OF JACKSON-
VILLE, ARKANSAS/ACT 9 BOND ISSUE; A.G.L. CORPORATION EX-
PANSION/$l MILLION) City Clerk Gerren
Section 3. That 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 nec-
essary to effect the execution of the Indenture, its execution and acceptance
by the Trustee, the performance of all obligations of the City under and pur-
suant to the Indenture, the execution and delivery of the Series 1980 Bonds,
and the performance of all acts of whatever nature necessary to effect and
carry out the authority conferred by the Indenture and by this Ordinance9
That the Mayor and 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 4. That the City is here involved with the acquiring, construct-
ing and equipping of industrial facilities and therefore competitive bidding
is waived, pursuant to applicabl~ laws of the State of Arkansas, including,
particuarly Act No.9.
Section 5. 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 6~ That all ordinances, resolutions and parts thereof in conflict
herewith are hereby repealed to the extent of such conflict.
Section 7. 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 otherwi'se 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 hereby
are immediately necessary for the accomplishing of these public benefits and
purposes. It is, therefore, declared that an emergency exists, and this Ordin-
ance, 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: June 5, 1980.
*FOR INFORMATION PURPOSES ONLY/NOT READ INTO THE ORDINANCE ON PASSAGE
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PAGE FOUR
ATTEST:
f1:c'le!l~ r
APPROVED:
ORDINANCE NO. 5 9 0
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APPROVED AS TO FORM:
City Attorney
(EMERGENCY CLAUSE AFFIXED. ORDINANCE EFFECTIVE IMMEDIATELY/N. Gerren, C. C.)
(SEAL)