0089 w J
ORDINANCE N0(.09 ' •
f PR VID1ra FOR THE CONSTRUCTION OF F.Y.'1'ER ",TONS,
HEPTErt'ICTS r P 1'rn'TIGNIErI TO TRe WATFR'TnRKS AND SEGER
SYSTEMS OF T'IE CITY n" J-.CKSO?!VIL!.E, ARKANSAS; PROVIDING
?OR TIE TSSDnJICE OF rnTER'iORAS AND SE:IER REVFrWE BONDS;
SETTIIIG UP GERTAIII FenD$ Fr?{ TI?E1R BtfllEN.T; PRESCRBSP_m0
CERTAIN ht ^TTERS RRIATP!G TIUERET0; AND DECLARING AN EMERGENCY.
:1NER3^.S the City Council has determined that betterments and improvements should be
constructed to the Waterworks and Sewer Systems (hereinafter Galled ^ Systems "), in order to mike the
facilities of the Syst *ms edequste for the needs of the City and its inhabitants; and
WHEREAS the City has had plans and estimates prepared by Marion L. Grist and
Associates, Consulting Engineers, Little Rook, Arkansas, a brief general description of the proposed
waterworks betterments and improvements beings A water well, ester well supply lines, mater booster
pumping station, and water distribution extensions; a brief general description of the proposed sewer
betterments and improvemente beings Sewage treatment plant, sewage pump station and tome main, and
sewage collection system extensions; the estimated cost to the City of said extensions, betterments
and improvements to the Systems being 3310,000, inoluding the acquisition of necessary rights of way,
engineering. legal -nd necessary expenses incidental to the proposed oonetruotion and to the issuance
of the bands and six months. interest an the bonds. (It is contemplated that the United States
Government may supply funds toward the oonstruetion of the above described extensions, betterments
and improvements and any funds so furnished by the Government will be in addition to the funds
furnished by the City in accordance with the above estimate); and
WOERFuls the City does not have sufficient funds on hand to make said extensions,
betterments and improvements, but can obtain the necessary funds by the issuance of Waterworka and
Sewer Revenue Bonds; and
WREREAS the City hes outstanding an issue of Combined Waterworks and Sewer Refund-.
ing and Improvement Revenue Bonds, dated December 1, 1952, bearing interest at the rate of 2/%,
2 3/4% and 3% per annum. and maturing on December 1 in each of the yours 1953 to 1982, inolusiva,
issued under Resolution No. 2 passed and approval on Ootober 30, 1992 d Resolution No. 3 passed
and approved on November 11, 1952; and
MOMS under the provisions of Section 15 of said Resolution No. 2, additional
Waterworks and Sewer Revenue Bonds may be issued for extensions, betterments and improvements to the
Systems ranking on a parity with the bonds outstanding under raid Resolution No. 2 if the revenuoa
of the Systems for the fiscal year next prooeding wero sufficient to provide for all costs of
operation, repair, maintenance and depreciation of the Systems and leave a balance equal to at least
one hundred fifty per Dent (150/1) of the maximum amount that will become due in any year for princi-
pal. interest and service charges on the bends then outstanding and the bonds then proposed to be
issued; and
WHEREAS there has been prepared and filed with the Ci tyCouneil a statement by en •
independent certified public accountant which refleots that the revenues of the Systems for the last
risoal year were aaffioient in amount to mast the above requirements, which statement is on filo with
the City Recorder; and
WEEREAS the City Council has determined that it would be En the best interest of the
City end its inhabitants for the said extensions, betterments and improvements to the Systems to be
constructed and that revenue bonds be issued to finance the same;
•
Nt'SY, THeREFt'RF, BE TT ORDAINED by the City Council of the City of Jaoiruonv111e,
Arkansaec
SEC11011 1. Thnt the above described extensions, betterments and improvements to •
the Systees'be constructed.
SECFICN 2. That under the authority of the Constitution and laws of the State of
Arlanaan, including particularly Aot 131 of the Acts of Arkansas of 1933, as amended, and Act 132 of
the Aata of Arkansas or 1933, and the dooision of the $uprenn Court of the State oe Arkansas in Ci$v,,
of Harrison v. Braswell, 209 Ark. 109e, Tteterworks qnd Sewer Revenue Bands of the City of Jacksonville,
Arkansas are hereby authorized and ordered sold in the principal amount of Three Hundred Ten Thousand
Dollars (88310,000), the proceeds of the sale of which are necessary to provide snfftolent funds to pay
the cost of constructing the meld extensions, betterments end improvements to the Systems, inoluding
the acquisition of neeassnry rights of ray, eneineerine, legal and other necessary expense° lnoldental
to the construction end to the ierunnce of bonds, end six (6) months` interest on the borate. The
bonds shall be negotiable internments payable to bearer with the interest on the bonds to he evidenced
by interest coupons and the principal of and interst on the bonds shall be payable in lawful, money of
the United States of Americo upon presentation of the bond or proper coupon at the offioe of Union
National Bonk, Little Rook, Arkeanas. The bonds shall be sold at public sale on eution bids. shall
be dated May 1, 1957, with interest payable semi - annually an May 1 and November 1 of each year
commencing November 1, 1957, the bonds offered fac sale to mature on November 1 of each year ae
follows, but to be callable as hereinafter sot forth, and to be sold with the privilege of eenvarsion
to an issue bearing a lower rate or rates of interest, said conversion, if any, to be in accordance
with the Universal Bond Values Tables, upon mush terms that the City receive no leas and pay no more
than it would receive and pay if the bonds nacre not converted, and tho eonvmc lion to be subject to
the approval of the City Cotwoils
YEAR A'i__ TEAR AMC=BT
198 S 5,000 1973 0 loom
1959 5,000 19711 10,000
19 5,000 1975 11,000
19(1 6,000 1976 11.000
19(2 6,,000 1977 12,000
196_3 6,000 1978 12,000
•
It
19 7,000 000 1980 133 E
1966 7,000 1981 14,000
19 8,000 1912 14, 000
1968 8,000 1 961} 1. ,000
1 9 6 9 8,000 1 16,000
1970 9 1985 17,000
1971 9,000 1986 18,000
1972 9,000 1987 19,000
The Mayor shell prefer° the notice of the public sale of the bonds, shall pubiteb
such notice in such newspapers or other as shall be selected by him, and shall ceiduet the public sale
at the tine and piece sat forth in said notice. All expenses of tie issue, including, without limita-
tion, the cost of printing the bonds, the Trustee's fee, and the Les of Mahaffy, Smith &'Williams,
Bond Council, Little Rook, Aria:mass, upon whose approving opinion the bands will be issued, will be
paid by the City's fiscal agent.
SECTION ). That the City Council shall approve the sale and oonversion, if any.
of the bonds by resolution. The bonds, so far as possible, shall be in the denomination of 31,000
each, shall be numbered oonseectively beginning with No. 1, esd in its resolution the City Coaaoil
shall set forth a schedule refleotine the maturity of the bands in numerical order on November 1 of
each of the years 1958 to 1987, inclusive, which sohedule shall reflect the yearly principal,
maturities, the semi - annual interst requirements and the total requirements. Thereafter the bonds of
the issue so approved shall be executed on behalf of the City 'y the Mayor and City Reoorder end shall
have impressed thereon the eel of the City. Interest coupons ettseled to each of said bonds nay
Y V
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have the•£aoeimile floater* of the Mayor.lithographed or printed thereon, -which signature ;Mall have '
the seven force and effect en if he had personally signed arch of the coupons. The bonds, together
with interest thereon, shall he payable solely out of the Waterworks and Sewer Revenue Bond Fund, as
hereinafter set forth, end shall be a valid claim of the holders thereof only against such fund, end
the amount of revenues pledged to such twtd, which exeunt of said revenues is hereby pledged and
mortgaged for the equal and ratable payment of the bends of this issue end the outstanding bands of I i
the City of Ja oksonville Combined Waterworks and Sewer Refunding and Improvement Revenue Sonde dated
December 1,1952, and shall be used for no other purpose than to pay the principal of sad interest on
said bonds and the Paying tgentts fear, except as may be hereinafter specifically provided. The bonds
and interest thereon shall not constitute en indebtedness of the City of Jaoksonville within any
constitutional or statutory limitation.
SECTION Ja, That it is hereby determined and declared that the requirements of
Section 15 of Resolution Fo. 2, under %idol) said outstanding City of Joeksonville Combinenliterworks
and Sower Refunding and improvement Revenue Bonds, dated December 1. 1952, were issued, have been
fully complied with and that, therefore, the bonds authorized and issued hereunder shall rank on a
parity with the outstanding bonds of skid December 1, 1952 issue and shall be secured equally and
ratably by and payable from the revenues of the Systems.
warm 5. That the bonds and coupons shell be in substantially the following
fcrmt
UMW STATES OF AMERICA
STATE OF ARKANSAS
COUNTY OF PULASKI
CITY 01? JACKSONVILLE
SATF1pWORl(i AND SEWER REVENUE EOM
No. $
KNOW ALL nu BY THESE PRESENTS.
That the City or Jooksonville. County of Pulaski. and State of Arla nrps, acknowledges
itself to owe, and for value received hereby promisee to pay to bearer solely from the special fund
provided as hereinafter set forth the principal scan of
DOLLARS
in lawful. money of the United States of America on the first day of November, 19 . s And to pay sole-
ly from said special fund interest hereon at the rate of
per cent _ per annum from date, semi-annually on the first day of Vey and November in each
year eammenci.ng November 1, 1 upon presentation and surrender of the annexed coupons an they
severally become due. Both principal and interest due of this revenue bond are made payable at the
office of Union National Bank, Little Rock, Arkansas.
This bond is one of a series of ( )
revenue bonds aggregating Dollars ($ ).
dated May 1, 1957, numbered from one (1) to ( ).
Inclusive, all of like tenor and effect. except as to number, denomination, rate of interest and
maturity, and are issued for tie purpose of providing for the payment of the cost d constructing
extensions, betterments end improvements to the Waterworks and Sewer $yetems or the City of Jackson-
ville, Arbencas.
This bond and the series of which it forma a part are issued pursuant to and in
full compliance with the Constitution and laws of the State of Arkansas, Including particularly Aot
131 of the Acts of Arltnsas of 1955, ea amended, Aot 132 of the Acts of Arlene of 1S33, and the
decision of the Supreme Court a' the State of Arkansas in City of Harrison -v. Braswell, 209 Ark. 10X1,
and pursuant to an ordinance of the City Council. of the City of Jacksonville, Arkansas, duly adopted
and approved on the ,.- `day of , 1957, whioh ordinsnoe sets forth
specifically and in detail the pledges and covenants of the City for the payment nC the principal
of and interest: on the bonds and to which reference may be had for a detailed statement of said •
pledges and covenants. The bonds do not constitute an indebtedness of the City of Jaoksonville,
Arkansas, within any constitational or statutory limitation. They are net general obligations of the
City, but are special obligations payable solely from a fixed amount of the revenues derived from
the operation of the Waterworks and Sewer Systems, whioh amount shall be sufficient to pay the princi-
pal of and interest on the bonds as the save become duo and payable. Said amount ha" been duly set
aside and pledged as a special fund for that purpose and identified a s the "Waterworks and Sewer
Revenue Bond Fund ". This bond and the aeries of whioh it forms a part ere issued an a parity with
the outstanding bonds of an Josue of City of Jacksonville Combined Waterworks and Sewer Refunding and
Improvement Revenue Bonds, dated December 1. 1952, and issued under Resolution No. 2 of the City of
Jacksonville and ere scoured equally and ratably by and payable fromthe revenues of the Waterworks
and Sewer Systems. The City has fixed and has covenanted end agreed to maintain rates for ester and
sewer services whioh shall be sufficient at all times to provide far the payment of the reasonable
expenses of operation repair and maintenance of the Systems. for the payment of the principal of end
interest on all outstanding bonds, including the bonds of tds issue, as the same become due and pay-
able, and to provide depreciation funds for necessary replacements.
This bond is expressly made negotiable under said Act 131 of the Ants of Arkansas of
1933, as amended, aid Act 132 of the Acts of Arkansas of 1933, end is Issued with the intent that ills
laws of the State of Arkansas shall govern the construction thereof.
By virtue of the authority of eaid Act 131 of 1933. as amended. there is granted and
created a statutory mortgage lien on the betterments and improvements to the Waterworks System con-
structed out of the proceeds of this issue to and in favor of the holdore of the coupons evidencing
the interest an said bouts mid eaoh of them...and said betterments and improvements shall remain sub-
ject to such statutory mortgage lies until the payment in full of all of the bonds. both principal
and interest, shall have been made. Under the provisiaan of said Act 132 of 1933. a lien is fixed
upon the land for any unpaid sower charge, even though the use of the Sewer System is by a tenant or
lessee instead of the caner, and pursuant thereto the City Council has provided that suit will be
brought to enforce the lien - nt1 to collect unp ^id sewer charges.
The bonds of thin issue shall be callable for payment prior to maturity, at the op-
tion of the City, in inverse numerical order at par and accrued interest on any interest paying date
from the unexpended proceeds of the "ale of the sands not needed for the construction of the authorised
extenoiana, botterrert s and improvements to the Systems and from surplus waterworks end sewer revenues.
On or after May 1, 1962, the bonds shall be callable, at the option of the City, in inverse numerical
order at par and accrued interest on any interest paying d -te with funds from any source. Notice of
the tall for redemption shall be published once a week for the two (2) perks in a newspaper published
in the City of Little Rock, Arkansas. and having a general circulation throughout the State of Ark-
ansas, giving the number and maturity of each bond being called, the first publication to be at
least fifteen (15) days prior to the redemption date, and after the date fined rnr redemption each
bond so called shall cease to boar interest provided funds for its payment are on deposit with the
paying agent at that time.
This bond shall not be valid until it shall have been authenticated by the certificate
hereon duly signed by Union National Bank, Little Rock, Arkansas.
�..
It is hereby certified. recited and declared that all acts. oenditions end things ` - •
required to exist, hnpren and be performed, precedent to and in the issuance of thls hoed, have
existed, have happened and have been performed in due tuts, form and manner, as required by 1'w;
that the indebtedness represented by this boast and the issue of which it forma a part does not ex-
.
coed any constitutional or statutory limitations; and that sufficient of the income and revenue which
is deemed to be derived from the operation of the Waterworks and Sewer Systems has been pledged to and
will be set aside into said speoi-1. fund for the payment of the principal of and interest on said
bonds.
IN TiTTNBSI hNSREOP, the City of Jacksonville, Arkansas, by its City Council has
caused this bond to be signed by the Mayor and City Recorder thereof and haled with the oorporate seal
of said City, and has caused the coupons hereto attaohed to be executed by the facsimile signature of • ,Jr�qt
said Mayor, all as of tie first day of ;Say, 1957.
c1TY Jz ONS 'ULNA ARKANSAS 'l,' ��'�q
BYL I r 4.. 4
yor
.
'ec- .or
(sA L)
(FORA OF COUPON)
No. 9
May _r
On the first day or November, 19 , the City of Jacksonville, Pulaski County.
Arkansas, unless the bond to which this coupon is nttaohed is paid prior thereto, hereby promises to
pay to herrer, solely nut of the fund specified in the bons; to which this coupon is attached
Dollars
in lawful. matey of the Unites' States of America at the office of Union National Bank, Little Rook,
Arkansas, being six (6) months' interest then due on its Waterworks and Sewer Revenue Bond, dated May
1, 1957. and numbered
CITY CP J'.CKSONPILLE. ARfJ.'tS.'S
BY
• Mayor
On each bond shall appear tho following '
CERTIFICATE
Union National Bark, Little Rock, Arknnaes, hereby certifies that this is ono of a
series of bonds described herein, eggregeting .) numbered from 1 to _
inclusive. all of like tenor end effect except -e to number, denomination, rate of interest and _._.
maturity.
UNI!N NATI('NAL BANK
LITTLE ROCK, ARII• t'St`tS
BY
Little Rock, Arkansas
, 1957.
SECTION 6. (1) Thrt the City covenants that it will Continue in effect the present
schedules of rates for the services of the Systems, which schedules were established by Ordinance re.
1 43. passed and approved on the 13th flay of August, 1953, to whioh reference is hereby made for a
statement of said schedules, and the provision', of said Ordinance No. 43 are incorporated herein as
though fully set forth rt this point. Puthermoro, the City has outstanding certain contracts covering
special. twee, including, without limitation, a contr ct with the United States Government covering
services or the Systems frunished the tir Farce Base ne'r Jacksonville, and th•' provisions of said
mY
Speeial Contracts ere incorporated herein as though frilly set forth at this point. The said
schedules and contracts are horrinefter referred to as "said rates ".
(2) Tent the City uovenw'ts and agrees with the holders of the bonds and coupons
thet said rates will produce a tete] revenue sufficient to pay the operation, repair and maintenance
expense of thr Systems, to provide for the payment of the principal of end interest on all outstand-
ing bonds, includtn, the bonds of this isnuo, as the same became due and payable, the Paying Agent's
fees, nom] to provide ndequate depreciation funds for necessary replacements to the Systeme. Ami,the
City covenants and egress that mail retes shell, from time to time when m osse.ry, be increased to the
extent necessary to provide for the above set !orbit purposes.
(3) That none of the semviues of erdrt by the Systems shall be furnished without
a ohrree being redo therefor. In the event that the City or eny eepartmont, naanoy or instrtsc.ntelity
thereof, shell avail itself of the frnilitins end a- melees nflorded by the Systems, the pen sortable
value of the services or facilities era nfiorded shall be oharend a einut the City or such dop'xrtment,
eeenoy er instrumentality one stele he rid for as the oherges therefore accrue. The revenues se
received shell be eeerr:' to tm revenues derived from the operction of the Systems end shall be used
and accounted for in the spurs renrer as the eth-r revenues derived from the operation of the Systems;
provided. however, Viet nothing herein eh ^.11 be construed as requiring the City or any dopertment,
agency or instrumentality thereof to rived itself of the facilities or services afforded by the Systems.
SECTION 7. Thnt an above provided, the bonds issued hereunder shall rent on a
parity with the outstanding bonds of the City of Jeekeenville Combined Waterworks and Sewer Reftmding
and Improvement Revenue Bonds, dated December 1, 1952, and issued under Reeoi ti.en No, 2 of the City
of Jeokscarville, and are seoured equally and ratably by and payable from the revenue of the S;'stems.
Therefore, all provisions of said Resolution No. 2, pawed and approved October 30, 1952, except
those in express conflict herewith,or clearly ns linable hereto, are incorporated herein
Y Pp by reference
es though fully set forth at this point.
S'FCFICPI 8. That the required monthly deposit" into the Waterworks and Sewer Revenue
Bond Fund, created by Section 9 of said Resolution No. 2 and presently being maintained, shall be in-
creased to provide funds for the payment of the principal of and interest on the bonds issued hereunder
as they mature, recording to the schedule to be set out by the City obunoil in its resolution approving
tho sale tad conversion, if n »^, oi';the bonds issues hereunder, as heretofore provided, and as a
reserve for contingencies. To this end, the additional monthly deposits shall, he one -fifth (1/5) of
the next iastallvert of interest en' one -tenth (1 /10)of the next installment of principal, plus au
amount sufficient to provide for the I'eying Agent's fees, on all outstanding bonds issued hereunder
until the reserve for eontineeneies has inoreaned to the sum of 325,000, and thereafter the required
additional monthly deposits shall be one -sixth (i/6) of the next installment of interest and one -
twelfth (1/12) of the nex` installment of principal, plus an amount euffioient to provide for the Pay-
ing Agent's fees, on all outstanding bonds issued hereunder.
SECTION 9. That the bonds trued hereunder shall be callable for payment prior to
mt'irtty in aoeordenoo 'with the tonne net cut in the bond form.
SF.CTICR 10. That the requirements for parity bonds she.11 be the some as set forth
in Section 15 of said Resolution no. 2 with the reference to "outstanding bonds of this issue" to in-
clude all outstanding parity bonds at the time.
CCCTIQ: 11. That in addition to the remedies conferred upon the bondholders by
said Resolution No. 2, the city covenants that:
(1) The bonds issued hereunder shall have the protection of the provisions of
Section 13 of the hate of .Arlrnnsae •of 1933 (Arlo. Stats• 19- 2413), and the City agrees to bring fore-
closure suite for past due service charges.
(2) The holders or holder „gf of the bonds may enforce any remedy set forth in
Act 131. of the Acts of Arkensae of 1.933, as amends/i and Aat 132 of the Acts of Arlo of 1433.
(3) There thall be e statutory mortgage lion upon the extensions, betterments end
improvements to the Waterworks System constructed from the proceeds of the bonds issued hereunder*
which shall exist in fever of the holders of the bonds, and earth of them, and in fever of the holder
of the coupons atteched to mid bands, and each of them, and much extensions, betterments and improve-
ments shall remain subject to such statutory mortgage lion until payment in full of the interest on
and principal of the bonln, provided, however, '-hat such statutory mortgage lien doll be interpreted
aeeording to the decision of the Supreme Court of the State of Arkansas in City of Harrison V.
Braswell. 209 Ark. 1094..
Qs) No remedy referred to heroin or in se id Resolution No. 2 is intended to be ex-
clusive of any other remedy, but oath such remedy is cumulative and in addition to every other remedy
and may be exercised without exhausting and without regard to any other remedy conferred by this
ordinance, by raid Resolution No. 2, b; Aeti31 of the Acts of Arkansas of 103, as amended, by Act
132 of the Acts of Arkansas of 1133, or be any other law.
SCCZICN 12. That the owner or owners of ell improved croperty lying with the area `'
that will be served by the Sewer System, pfter the proposed extenoiona, betterments and improvements
hew been completed, are hereby directed end required, upon written request, to amtaect all toilet and
waste muter facilities of :nth improved property with the Sewer System; and the ewnare of property that
is improved after the completion of the proposed extensions. betterment s and improvements to the Sewer
System shall, upon written request, immediately connect the toilet and create water facilities of such
property with the Sewer System. The required written notice shall be given at least thirty (30) days
prior to the final date its oonneotions, and if any property owner shall fail to rake such oonnoction
after having been so requested in writing, the City hereby oovenante and agrees to institute
appropriate proceedings in a court of competent jurisdiction to compel such connection. Farthermore.
any property owner who fails or refuses to aonneot his improved property with the Sewer System
after having been so requested shall be guilty of a misdemeanor and upon ocnviotion shall be fined in
any sum not less than '2.00 and not more thrn ; 10.00, and each day's failure or refuse.1 atter the ex-
piration of the titre fixed in the notice to make t'e oamsotion sha13 be it esparto- offense; provided,
however, that the provisions hereof pertaining to a misdemeanor shall be effective only in the event
thvt the City Reejth Officer, or other duly designated and authorized individual or board, has found
and deolared that such failure on the part of any partioular property owner oonotitutes a hazard to
the public health and safety of the City and its inhabitants.
SECTION 13: That the Trustee of the bonds issued hereunder sharp be Union National
Hanks Little Rook, Arkansas.
SECTION 14. (1) That anything in this ordinance to the contrary notwithstanding,
the City reserves the right to soil less than all of the bonds heretofore authorized, but unless other -
directed by resolution prior to the time determined by the Mayor for the sale, the Mayor ahull proceed
to sell the entire authorized principal amount of :310,000,. When the bonds have been executed by the
and City Recorder and the Seal oe the City impressed as herein provided, they shall be delivered to the
Trustee which shall authenticate them end deliver them to the purchaser upon payment in sash to the
Trustee of the puroheso price thereof and atoned interest from !lay is 1957 to the date of delivery,
and with reference to the purchaser and the purohase price, the Trustee may rely upon n letter of
instructions signed by the Mayor and City Recorder.
(2) From the proceeds of the sale or the bonds tke Trustee shell remit an amount • - --
sufficient to pay the first Sir. (6) months' interest on the bonds fend the paying Agent's fees for
that period to the City Treasurer, end the Troasarer shall deposit said amount in the W terworks end
Sewer Revenue Bond Fund. The Trumteo stall remit the remaining balance of the proceeds of the sale of
the bonds to the City Tron.surer, end the City Treasurer shall deposit said amount in a trust fund to
be designated " Construction Fund" with a depositary designated by the Mayer end City Reoordor in
said above referred to letter of inetruotiona. This depositary must hoed mesbership in the Federal
Deposit Insurance Corporation and the moneys in the Construction Fund shall be continently secured by
bonds or other direct or fully euarnteed obligations of the United States of Arnica.
(3) The moneys in the Conatruotion Fund shall be disbursed solely in payment of
the post of the oonstruction of the herein authorised extensions, betterments and improvements to the
Systems. inoluding the acquisition of necessary rights of way, engineering, legal and other necessary
expenses incidental to the construction end to the issuance or the bonds. For each disbursement there
shall be prepared a recitation signed by the City Treasurer and one other person designated by the
City Council stating ion respect of e°oh such payment the nave of the persons firm or corporation to
whom payment is due, the amount to he paid, earl the purpose by general claosificaticn for which the
obligation to be paid rats incurred; and in the case of all construction exponae over which the Con-
sulting R ngineer shall exercise supervision (which shall include all expenses except engineering fees,
legal foes, and expenses pertaining to the issuance of beads), maid roquinitinn shall be aeeowpsnied
by a certificate signed by the Consulting Engineer oertifying his approval thereof. One copy of said
requisition with accompanying certificate, if any, shall be filed with tin depository with which the
Construction haul is deposited, one copy shall be filed with the managing oracer of the Systems, and
one copy shall be filed with the City Treasurer. Upon receipt of each requisition the depository
shall issue its check upon the Construction Fund payable to the person, firm. or corporation decimated
in the requsition.
(14) When the construction of the herein authorised extensioas, betterments and
improvements shell have been completed, this fact shall be evidenced by the filing with the Trustee
and with the depository in mhioh the Construction Fund is deposited of a certificate signed by tier
City Treasurer and the reneging officer of the Systems mhioh certificate dmll atate the date of such
completion end shall stets thou al\ obligations which aro payable from the Construction Fund hays been
discharged. The certificate shall bo accompanied b'• an opinion of an attorney selected by the City
stating that the City hes'aaqulred title to all property, lands, rights of way, easements and other
interests in lands neoesnary for the operation of the extensions, bet'terme tce and improvements. free
from all lions or encumbrances, except liens, encumbrances or other defeats of title which do not have
a materially adverse effect upon the Clty's right to use such properties for the purpose intended. or
which have been adequately guarded against by a bond or other form of indemnity, that there ere no un-
cancelled mechanics liens, laboreres', contractors' or materielmon's limns on the extennlona, better -
ments and improvevents on .file in any public office where the same should be filed in order to bo valid
liens, and that, in the opinion of said attorney, the time within which such liens can be filed Pea
expired. Upon receipt of the above described certificate and opinion of the attorney selected by the II
City, the depository with which the Construction Fund is deposited shall pay or transfer any remaining
balance pursuant to the writtrn direction or shook signed by the City Treasurer and tin ether parson
designated by the City, and ray such remaining balance may be used by the City for the carnet of the
bonds of this issue for payment prior to naturity or say be transferred to the Waterworks and Sever
Revenue Fund. the Waterworks end newer Operation end lisintenance Fund, the Waterworks and Sewer Revenue
Bond Fund, or the Waterworks and Sonar Depreciation Fund, as the City may at the time detonate.
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SECCIOa 15. That the t'ayor is hereby directed to publish for ow insertion in News -
Progreso which is hereby fond and declared to be a newspaper having circulation in the City of Jacob-
son ilie, Arkansas, this ordinance, to which sahll be attached a ^otioo signed by him in substantially
the following Forms
NOTICE
Notioo is hereby given that the City Council of the City. of Jacksonville. Arkansas,
has adopted the ordinance hereinafter set out; that the City contemplates the issuance of the Water.*
works and Senor Revenue Bonds described in the ordinances tient s»y person interested may appear before
the Council on the 9th dry or lb''y, 1357, et 7130 F. M. at the usual meeting place of the Cowsoil in
Jacksonville, Arkano^s, and present protest. Pt such hearing all objections end suggestions will be
heard and the Council will tale such ration as it deemed proper in the premises.
Dated this 18th day of April, 1957. l r v .
Layer
SECTION 16. That this ordinance shall not create any right of any kind and no right
or any kind sh -11 prize hereunder pursuant to it until the bonds authorized by this ordinance shall be
issued and delivered.
SP.CTIOR 17. That if any provision of this ordinance she 11 for any reason be held
illegal or invalid, such holding shall not affect the validity of the remainder of the ordinance.
SECTION 10. That all res'.1utions and ordinances, or parts thereof, in confliot
herewith are hereby repealed to the extant of such oonfliot.
GECIIOr 19. That it is hereby ascertained end declared thst the leek of adequate
Waterworks and Sewer facilities for the City of Jacksonville greatly endangers the life. health, wel-
fare east property of the inhabitr.nts thereof, and that the needed extensions, betterments and improve-
ments oan be constructed only by this issuance of bonds herein authorized. It is, therefore, declared
that an emergency exists and this ordinance being necessary for the imaedlate preservation of the
public peace, health and safety shun take effect ant be in force from and after its passage.
Peered: April 1S, 1957.
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