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0121WHEREAS the City Council has determined that extensions, betterments and improvements should be constructed to the waterworks and sewer systems (which are operated as one system and will hereinafter be called "systems"), in order to make the facilities of the systems adequate for the needs of the City and its inhabitants; and WHEREAS the City has had plans and estimates prepared by Marion L. Crist and Associates, Consulting Engineers, Little Rock, Arkansas, a brief general description of which is as follows: improvements and enlargement of the sewage treatment plant which serves the Little hock Air Force Base and part of the City of Jacksonville; construction of a relief sewer to relieve an overloaded condition in the existing sewer system; and general water improvements; and WHEREAS the plans and estimates are on file in the office of the City Clerk, where they may be inspected by any interested person; and WHEREAS the Little Rock Air Force Base, Jacksonville, Arkansas, has agreed to contribute the sure of $114,000 of the funds necessary for the said extensions, betterments and improve- ments; and WHEREAS the City can obtain the additional $65,000 of the funds necessary for the said extensions, betterments and improvements only by the issuance of Waterworks and Sewer Page 2 WHEREAS the City has outstanding an issue of combined Waterworks and Sewer Refunding and Improvement Revenue Bonds dated December 1, 1952, issued under Resolution No. 2 passed and approved October 30, 1952 and Resolution No. 3 passed and approved on November 11, 1952; an issue of Waterworks and Sewer Revenue Bonds dated May 1, 1957, issued under Ordinance No. 89, passed and approved on April 18, 1957; and an issue of Waterworks and Sewer Revenue Bonds dated January 1, 1960, issued under Ordinance No. 103 passed and approved on January 4, 1960; and WHEREAS under the provisions of Section 15 of said Resolu- tion No. 2, Section 10 of said Ordinance No. 89, and Section 11 of said Ordinance No. 103, additional waterworks and sewer revenue bonds may be issued for extensions, betterments and improve- ments to the systems ranking on a parity with the bonds outstand- ing under said Resolution No. 2, Ordinance No. 89 and Ordinance No. 103 if the revenues of the systems for the fiscal year next preceding were 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 cent (15070) of the maximum amount that will become due in any year for principal, interest and service charges on the bonds out- standing and the bonds proposed to be issued; and WHEREAS there has been prepared and filed with the City Council a statement by an independent certified public accountant which reflects that the revenues of the systems for the last fiscal year were sufficient in amount to meet the above require- ments, which statement is on file with the City Clerk; and WHEREAS the City Council has determined that it would be in the best interest of the City and 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; and WwWXAS the City has entered into a contract with Stephens, Inc., Little Rock, Arkansas, for the sale of $65,000 of Waterworks and Sewer Revenue Bonds, dated June 1, 1961, bearing interest at the rate of 4.59% per annum with the interest payable semi- annually on June 1 and December 1 of each year, commencing December 1, 1961, and maturing on December 1 in each of the years 1962 to 1986, inclusive, with the privilege of conversion to an issue bearing a lower rate or rates of interest, the con- version to be upon such terms that the City receive no less and pay no more than it would receive and pay if the bonds were not converted; and WHEREAS the purchaser has elected to convert the bonds to an issue of $71,750.00 of Waterworks and Sewer Revenue Bonds bearing interest at the rates of 3 1/4%4, 3 3/4%, 47. and 4 1/47. per annum, and upon examination the Council has found and deter- mined that the cost of maturing the bonds after conversion is $666.14 less than the cost of maturing the bonds prior to con- version, and that the conversion is within the terms of the con- tract of sale and is proper; IOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Jacksonville, Arkansas: Section 1. That the above described extensions, better- ments and improvements to the Systems be constructed. Page 4 Section 2. That the sale of the bonds to Stephens, Inc., Little Rock, Arkansas and the conversion thereof from $65,000 of 4.89% Waterworks and Sewer Revenue Bonds to $71,750 of 3 1/4%, 3 3/470, 47. and 4 1/47. Waterworks and sewer Revenue Bonds be, and the same hereby are, approved and confirmed. Section 3. That under the authority of the Constitution and laws of the State of Arkansas, including particularly Act No. 131 of the Acts of Arkansas of 1933, as amended, Act No. 132 of the Acts of Arkansas of 1933, and a decision of the Supreme Court of the State of Arkansas in g1tZ of Harrison v. Braswell, 209 Ark. 1094, City of Jacksonville Waterworks and Sewer Revenue Bonds are hereby authorized and ordered issued in the total principal mount of Seventy -One Thousand, Seven Hundred Fifty Dollars ($71,750), the proceeds of the sale of which are necessary to provide sufficient funds to pay the City's share of the cost of completing the construction of above des- cribed improvements, including other necessary expenses incidental, thereto and to the issuance of the bonds. The bonds shall be dated June 1, 1961 and shall be numbered consecutively from one (1) to seventy-eight (78), inclusive. The bonds shall be in the denomination of $1,000 each, except that Bond No. 3 shall be in the denomination of $250 and Bonds Nos. 16, 19, 22, 25 / 28, 31,f 50, 549 58,62 and 66 shall be in the denomination of $500 each. Bonds Nos.'l to 25, inclusive, shall bear interest at the rate of 3 1/47. per annum; Bonds Nos. 26 to 40, inclusive, shall bear in- terest at the rate of 3 3/47. per annum; Bonds Nos. 41 to 58, in- clusive, shall bear interest at the rate of 4% per annum; and Bonds Nos. 59 to 78, inclusive, shall bear interest at the rate of 4 1/47. per annum Page 5 The principal and interest shall be payable In lawful money of the United States of America upon presentation of the bond or proper coupon at the office of Union National Bank of Little Rock, Little Rock, Arkansas. The bonds shall mature on December 1 in each year as follows, but shall be callable for payment prior to maturity as provided in the face of the bonds: 1962 $29250 1963 2,000 1964 2,000 1965 2,000 1966 2,000 1967 2,000 1968 2,500 1969 2,500 1970 2,500 1971, 2,500 1972 2,500 1973 2,500 1974 3,000 1975 3,000 1976 3,000 1977 3,000 1978 3,000 1979 3,500 1980 3,500 1981 3,500 1982 3,500 1983 3,500 1984 4,000 1985 4,000 1986 4,000 Section 4. That it is hereby determined and declared that the requirements of Section 15 of Resolution No. 2, Section 10 of Ordinance No. 89 and Section 11 of Ordinance No. 103 of the ordinances of the City of Jacksonville, Arkansas, have been fully satisfied and complied with and that, therefore, the bonds authorized hereunder shall be issued on a parity with the out- standing City of Jacksonville Waterworks and Sewer Improvement Revenue Bonds, dated December 1, 1952, the City of Jacksonville Waterworks and Sewer Revenue Bonds dated May 1, 1957, and the City of .Jacksonville Waterworks and Sewer Revenue Bonds dated January 1, 1960, and shall be secured equally and ratably Page 6 by the revenues pledged thereto as hereinafter specifically provided. Section 5. That the bonds shall be executed on behalf of the City by the Mayor and City Clerk and shall have impressed thereon the seal of the City. Interest coupons attached to each of said bonds may have the facsimile signature of the Mayor litho- graphed or printed thereon, which signature shall have the same force and effect as if he had personally signed each of said coupons. The bonds, together with interest thereon, shall be payable solely out of the "Waterworks and Sewer Revenue Bond Fund" created by Section 9 of Resolution Ido. 2, passed and approved October 30, 1952, and presently being maintained, and shall be a valid claim of the holders thereof only against such fund, and the amount of revenues pledged to such fund, which amount of said revenues is hereby pledged and mortgaged for the equal and ratable payment of the outstanding City of Jacksonville Waterworks and Sewer Refunding and Improvement Revenue Bonds dated December 1, 1952, the City of Jacksonville Waterworks and Sewer Revenue Bonds dated May 12 1957, the City of Jacksonville Waterworks and Sever Revenue Bonds dated January 1, 1960, and the bonds authorized and issued hereunder, and shall be used for no other purpose than to pay the principal of and interest on said bonds and the paying agent's fees, except as may be otherwise specifically provided herein. The bonds and the interest thereon shall not constitute an indebtedness against the City within any constitutional or statutory limitation. Page 7 Section 6. That the bonds and coupons shall be in sub- stantially the following form and the Mayor and City Clerk are hereby expressly authorized and directed to make all recitals contained therein: No. Page 8 UNITED STATES OF AMERICA STATE OF ARKANSAS COUNTY OF PUTASKI CITY OF JACKSONVILLE % WATERWORKS AND SEER REVENUE BOND $ That the City of Jacksonville, County of Pulaski, and State of Arkansas, acknowledges itself to owe, and for value received hereby promises to pay to bearer solely from the special fund provided as hereinafter set forth the principal sum of in lawful money of the United States of America on the first day of December, 19 , and to pay solely from said special fund interest hereon at the rate of per cent (_______,7.) per annum from date, semi-annually on the first day of June and December in each year commencing December 1, 1961 upon presenta- tion and surrender of the annexed coupons as they severally become due. Roth principal and interest of this revenue bond are made payable at the office of Union National Bank of Little Rock, Little Rock, Arkansas. This bond is one of a series of seventy-eight (78) revenue bonds aggregating Seventy -One Thousand, Seven Hundred Fifty Dollars ($71,750), dated June 1, 1961, numbered from 1 to 78, in- clusive, all of like tenor and effect, except as to number, rate of Interests denomination and maturity, and are issued for the purpose of providing for the payment of the cost of constructing extensions, betterments and improvements to the Waterworks and Sewer Systems of the City of Jacksonville, Arkansas. This bond and the series of which it forms a part are issued pursuant to and in full compliance with the Constitution Page 9 and laws of the State of Arkansas, including particularly Act 131 of theActs of Arkansas of 1933, as amended, Act 132 of the Acts of Arkansas of 1933, and the decision of the Supreme Court of the State of Arkansas in City of Harrison v. Braswell, 209 Ark. 1094, and pursuant to Ordinance No. of the City Council of the City of Jacksonville, Arkansas, duly adopted and approved on the day of , 1960, which ordinance sets forth specifically and in detail the pledges and covenants of the City for the payment of the principal of and interest on the bonds and to which reference may be had for a detailed state - anent of said pledges and covenants. The bonds do not constitute an indebtedness of the City of Jacksonville, Arkansas within any constitutional or statutory limitation. They are not 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, which amount shall be sufficient to pay the principal of and interest on the bonds as the same become due and payable. Said amount has been duly set aside and pledged as a special fund for that purpose and identified as the 19Waterworks and Sewer Revenue Bond Fund". This bond and the series of which it forms a part are issued on a parity with the outstanding bonds of an issue 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 the outstanding bonds of an issue of City of Jacksonville Waterworks and Sewer Revenue Bonds, dated May 1, 1957, and issued under Ordinance No. 89 of the ordinances of the City of Jacksonville, and the outstanding bonds of an issue of the City of Jacksonville Waterworks and Sewer Revenue Bonds, Page 10 dated January 1, 1960, and issued under Ordinance No. 103 of the ordinances of the City of Jacksonville, and are secured equally and ratably by and payable from the revenues of the Waterworks and Sewer Systems. The City has fixed and has covenanted and agreed to maintain rates for water and sewer services which shall be sufficient at all times to provide for the payment of the reasonable expenses of operation, repair and maintenance of the Systems, for the payment of the principal of and interest on all outstanding bonds, including the bonds of this issue, as the same become due and payable, and to provide depreciation funds for necessary replacements. This bond is expressly made negotiable under Act 131 of the Acts of Arkansas of 1933, as amended, and Act 132 of the Acts of Arkansas of 1933, and is issued with the intent that the laws of the State of Arkansas shall govern the construction thereof. By virtue of the authority of said 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 holders of the bonds and each of them, and to and in favor of the holders of the coupons evidencing the interest on said bonds and each of them, and said betterments and improvements shall remain subject to such statutory mortgage lien until the payment in full of all of the bonds, both principal and interest, shall have been made. Under the provisions of said Act 132 of 1933, a lien is fixed upon the land for any unpaid sewer charge, even though the use of the sewer system is by a tenant or lessee instead of the owner, and pursuant thereto the City Council has provided that suit will Page 11 be brought to enforce the lien and to collect unpaid sewer charges. The bonds of this issue shall be callable for payment prior to maturity, at the option of the City, in inverse numerical order at par and accrued interest on any interest paying date from the unexpended proceeds of the sale of the bonds not needed for the construction of the authorized extensions, betterments and improvements to the Systems and from surplus waterworks and sewer revenues. On and after .Tune 1, 1971, the bonds shall be callable, at the option of the City, in inverse numerical order at par and accrued interest on any interest paying date with funds from any source. Notice of the call for redemption shall be published once a week for two (2) weeks in a newspaper published in the City of Little Rock, Arkansas and having a general circu- lation throughout the state of Arkansas, 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 fixed for redemption each bond so called shall cease to bear 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 Rank of Little Rock, Little Rock, Arkansas. It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen and be per- formed, precedent to and in the issuance of this bond, have existed, have happened and have been performed in due time, form and manner, as required by law; that the indebtedness represented by this bond and the issue of which it forms a part does not exceed Page 12 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 had been pledged to and will be set aside into said special fatted for the payment of the principal of and interest on said bonds. IN WITNESS WHEREOF, the City of Jacksonville, Arkansas by its City Council has caused this bond to be signed by the Mayor and City Clercs thereof and sealed with the corporate seal of said City, and has caused the coupons hereto attached to be executed by the facsimile signature of said Mayor, all as of the first day of december, 1960. CITY OF JACKSONVILLE, ARKANSAS xy Mayor City Clerk Page 13 (Form of Coupon) No. $ June On the first day of December, 19�, the City of Jacksonville, Pulaski County, Arkansas, unless the bond to which this coupon is attached is paid prior thereto, hereby promises to pay to bearer, solely out of the fund specified in the bond to which this coupon is attached r, 8 in lawful money of the United States of America at the office of Union National Bank of Little Rock, Little Rock, Arkansas, being six (6) months' interest then due on its Waterworks and Sewer Revenue Bond, dated June 1, 1961, and numbered CITY OF JACKSONVILLE, ARKANSAS BY Mayor on each bond shall appear the following CERTIFICATE Union National Bank of Little Rock, Little Rock, Arkansas, hereby certifies that this is one of a series of bonds described herein, aggregating $71,750, numbered from 1 to 78, inclusive, all of like tenor and effect except as to number, rate of interest, denomination and maturity. UNION NATIONAL BANK OF LITTLE ROCK, LITTLE ROCK, ARKANSAS By Authorized Signature Little Rock, Arkansas �9 1961 Page 14 Section 7. (1) That 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 No. 43 passed and approved on the 13th day of August, 1953, to which reference is hereby made for a statement of said schedules, and the provisions of said Ordinance No. 43 are incorporated herein as though fully set forth at this point. Furthermore, the City has outstanding certain contracts covering special uses, in- cluding, without limitation, a contract with the United States Government covering services of the Systems furnished the Air Force Base near Jacksonville, and the provisions of said special contracts are incorporated herein as though fully set forth at this point. The said schedules and contracts are hereinafter referred to as "said rates". (2) That the City covenants and agrees with the holders of the bonds and coupons that said rates will produce a total revenue sufficient to pay the operation, repair and maintenance expense of the Systems, to provide for the payment ofahe principal of and interest on all outstanding bonds, including the bonds of this issue, as the same become due and payable, the Paying Agent's fees, and to provide adequate depreciation funds for necessary replacements to the Systems. And, the City covenants and agrees that said rates shall, from time to time when necessary, be in- creased to the extent necessary to provide for the above set forth purposes. (3) That none of the services afforded by the Systems shall be furnished without a charge being made therefor. In the event that the City or any department, agency or instrumentality Page 15 thereof, shall avail itself of the facilities and services afforded by the Systems, the reasonable value of the services or facilities so afforded shall be charged against the City or such department, agency or instrumentality and shall be paid for as the charges therefor accrue. The revenues so received shall be deemed to be revenues derived from the operation of the Systems and shall be used and accounted for in the same manner as the other revenues derived from the operations of the Systems; provided, however, that nothing herein shall be construed as requiring the City or any department, agency or instrumentality thereof to avail itself of the facilities or services afforded by the Systems. Section 8. That as above provided, the bonds issued hereunder shall rank on a parity with the outstanding bonds of the City of Jacksonville Combined Waterworks and Sewer Refunding and Improvement Revenue Bonds, dated December 1, 1952, and issued ander Resolution No. 2 of the City of Jacksonville, and the City of Jacksonville Waterworks and Sesser Revenue Bonds, dated May 1, 1957, and issued under Ordinance No. 89 of the Ordinances of the City of Jacksonville, and the City of Jacksonville Waterworks and Sewer Revenue Bonds, dated January 1, 1960, and issued under Ordinance No. 103 of the ordinances of the City of Jackson- ville, and are secured equally and ratably by and payable from the revenues of the Systems. Therefore, all provisions of said Resolution No. 2, Ordinance No. 89 and Ordinance No. 103, except those in express conflict herewith, or clearly inapplicable hereto, are incorporated herein by reference as though fully set forth at this point. Section 9. That the required monthly deposits into the Waterworks and Seager Revenue Bond Fund, created by Section 9 Page 16 of said Resolution No. 2 and presently being maintained, shall be increased in an amount necessary to provide funds for the payment of the principal of and interest on the bonds issued hereunder as they mature, according to the following schedule and to increase the amount in the reserve for contingencies to the total amount of $39,000. YEAR BOND NOS. PRINCIPAL INTEREST JUNE 1 DECEMBER 1 AMOUNT 1961 $ $ $ 19357.81 $ 1,357.81 1962 1 - 3 2,250 1,357.81 1$57.81 49965.62 1963 4 - 5 2,000 19321.25 19321.25 4,642.50 1964 6 - 7 29000 1,288.75 19288.75 4,577.50 1965 196-6- - 10 -11 29000 1,223.75 13,223.75 4,447.50 1967 12 -13 23,000 1,191.25 11191.25 42382.50 1968 14 -16 2,500 1,158.75 13,158.75 4,817.50 1969 17 -19 29500 1,118.12 1,118.13 42736.25 1970 20 -22 2,500 19077.50 1,077.50 4,655.00 1971 23 -25 2,500 1,036.88 1,036.87 4,573.75 1972 26 -28 21500 996.25 996.25 4,492.50 1973 29 -31 2,500 949.37 949.38 4,398.75 1974 32 -34 3,000 902.50 902.50 4,805.00 1975 35 -37 3,000 846.25 846.25 4,692.50 1976 38 -40 3,000 790.00 790.00 4,580.00 1977 41 -43 31000 733.75 733.75 4,467.50 1978 44 -46 32000 673.75 673.75 4,347.50 1979 47 -50 3,500 613.75 613.75 4,727.50 1980 51 -54 3,500 543.75 543.75 4,587.50 1981 55 -58 32500 473.75 473.75 4,447.50 1982 59 -62 3,500 403.75 403.75 49307.50 1983 63 -66 3,500 329.38 329.37 49158.75 1984 67 -70 4,000 255.00 255.00 4,510.00 1985 71 -74 4,000 170.00 170.00 4,340.00 1986 75 -78 4,000 85.00 85.00 4,170.00 To this end the additional monthly deposits shall be one-fifth (1/5) of the next installment of interest and one-tenth (1/10) of the next installment of principal, plus an amount sufficient to provide for the paying agent's fees, on all outstanding bonds issued hereunder until the reserve for contingencies has Increased to the sum of $39,000, and thereafter the required additional Page 17 monthly deposits shall be one-sixth (1/6) of the next installment of interest and one -twelfth (1/12) of the next installment of principal, plus an amount sufficient to provide for the paying agent's fees, on all outstanding bonds issued hereunder. Section 10. That the bonds issued hereunder shall be callable for payment prior to maturity in accordance with the terms set out in the bond form. Section 11. That the requirements for parity bonds shall be the same as set forth in Section 15 of said Resolution No. 2 with the reference to "outstanding bonds of this issue" to include all outstanding parity bonds at the time. Section 12. 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 Act 132 of the Acts of Arkansas of 1933 (Ark. Stats. 19-4113), and the City agrees to bring fore- closure suits for past due service charges. (2) The holder or holderscf any of the bonds may enforce any remedy set forth in Act 131 of the Acts of Arkansas of 19339 as amended, and Act 132 of the Acts of Arkansas of 1933. (3) There shall be a statutory mortgage lien upon the extensions, betterments and improvements to the Waterworks System constructed from the proceeds of the bonds issued hereunder, which shall exist in favor of the holder of the bonds, and each of them, and in favor of the holder of the coupons attached to said bonds, and each of them, and such extensions, betterments and improvements shall remain subject to such statutory mortgage lien until pay- ment in full of the interest on and principal of the bands, MIM provided, however, that such statutory mortgage lien shall be interpreted according to the decision of the Supreme Court of the State of Arkansas in City of Harrison v. Braswell, 209 Ark. 1094. (4) No remedy referred to herein or in said Resolution No. 2 is intended to be exclusive of any other remedy, but each 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 said Resolution No. 2, by Act 131 of the Acts of Arkansas of 1933, as amended, by Act 132 of the Acts of Arkansas of 1933, or by any other law. Section 13. That the owner or owners of all improved property lying within the area that will be served by the Sewer System, after the proposed extensions, betterments andimprove- ments have been completed, are hereby directed and required, upon written request, to connect all toilet and waste water facilities of such improved property with the Sewer System; and the owners of property that is improved after the completion of the proposed extensions, betterments and improvements to the Sewer System shall, upon written request, immediately connect the toilet and waste 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 for connection, and if any property owner shall fail to make such connection after having been so requested in writing, the City hereby covenants and agrees to institute appropriate proceedings in a court of competent jurisdiction to compel such connection. Furthermore, any property owner who fails or refuses to connect his improved property with the Sewer System after having been so requested shall be guilty of a mis- demeanor and upon conviction shall be fined in any sum not less r Page 19 than $2.00 and not more than $10.00, and each day's failure or refusal after the expiration of the time fixed in the notice to mike the connection shall be a separate offense; provided, however, that the provisions hereof pertaining to a misdemeanor shall be effective only in the event that the City Health Officer or other duly designated and authorized individual or board, has found and declared that such failure on the part of any particular property owner constitutes .a hazard to the public health and safety of the City and its inhabitants. Section 14. That the Trustee of the bonds issued hereunder shall be Union National bank of Little Rock, Little Rock, Arkansas. Section 15. (1) When the bonds have been executed by the Mayor anal City Clerk and the seal of the City impressed as herein provided, they shall be delivered to the Trustee which shall authenticate them and deliver them to the purchaser upon pay- ment in cash to the Trustee of the purchase price thereof and accrued interest from December 1, 1960 to the date of delivery, and with reference to the purchaser and the purchase price, the Trustee may rely upon a letter of instructions signed by the Mayor and City Clerk. (2) The Trustee shall remit the proceeds of the sale of the bonds to the City Treasurer, and the City Treasurer shall deposit said amount in a trust fund to be designated "Construction Fund" with a depository designated by the Mayor and City Clerk in said above referred to letter of instructions. This depository must hold membership in the Federal Deposit Insurance Corporation and the moneys in the Construction Fund shall be continuously secured by bonds or other direct or fully guaranteed obligations of the United States of America. Page 20 (3) The moneys in the Construction Fund shall be dis- bursed solely in payment of the cost of the construction of the herein authorized extensions, betterments and improvements to the Systems, including engineering, legal and other necessary expenses Incidental to the construction and to the issuance of the bonds. For each disbursement, there shall be prepared a requisition signed by the City Treasurer and one other person designated by the City Council stating in respect of each such payment the name of the person, firm or corporation to whom payment is due, the amount to be paid, and the purpose of general classification for which the obligation to be paid was incurred; and in the case of all con- struction expense over which the Consulting Engineer shall exercise supervision (which shall include all expenses except engineering fees, legal fees and expenses pertaining to the issuance of the bonds), said requisition shall be accompanied by a certificate signed by the Consulting Engineer certifying his approval thereof. One copy of said requisition with accompanying certificate, if any, shall be filed with the depository with which the Construction Fund is deposited, one copy shall be filed with the managing officer 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 designated in the requisition. (4) When the construction of the herein authorized exten- sions, betterments and improvements shall have been completed, this fact shall be evidenced by the filing with the Trustee and with the depository in which the Construction Fund is deposited of a certificate signed by the City Treasurer and the managing officer of the Systems which certificate shall state the date of such •9uTwaz:3sp amT:j aqp as S= S:ITo alp se 4pun3 uoT:3aToaxdaa xaxas pue sXxoagxa:jvM aq:j so `puna puog anuanag ae as pua snaomawiuM aq:i 'puna aaupuaxuTvX pup uo-pypxado xamag pua s5poAaa2vM aqp 'pun; anuaeag xaMag pus sxxomxa:jvM atp o:j poxxogsuezi aq Sam xo S:tTxnQam 03 xoTxd :uamAad xo3 MOST sTgx 3o spuoq atp 3o 2uT-lluo aq,3 xo3 S*4To aq3 Sq pasn aq Sac¢ eaueTpq 2uTugamax Bons Sue pua `SaTo age. Sq p94axa2Tsap uosxad aexpo aq2 pus xaxnsaaxl SITo atP Sq paugT9 31oaga xo uoT7400xTp u34:Txm aq:. of :uansxnd aouaTaq 3uT -uTpmax Sue aegsuax2 xo Sad TTags pa:3Tsodep sT punj uoTaona3suoo aqp qoTxpt g:tTM Sxo:rpodap aq3 `kiTo aq3 Sq pa2oaTas Sauxo:nv agp 3o uoTuTdo pua paggxasap aeoga aq4 3o 4dTaoax uodn apaxTdxa saq paTT3 aq use sue -fl guns go';q& uTg3TM amp atp `S9uxo2:ja p•gas 3o uoTuTdo zip uT 43vip pus `suaTT pT1sn aq ox xapxo uT p9TT3 aq pTnogs amps eq3 axaRm aoT33o oTTgnd Sus uT a1T3 uo squamanoxdmT pua nuamxa22eq 6suoTsua:Ixe aq: uo sue -FT swam -Zpgxajvw xo a820Jasxau03 `,saeaogpy 4suaT1 ,sojuvgaam p®TTaouaoun ou axp axagp 3pip 4S3TumapuT 3o mxo3 aetpo xo puoq a Sq 3sxgv2v papxpn�? STaianbapo ueaq a®aq W-;qm xo `papua:juT sasodxnd eq3 xo3 saT3xadoxd gars asn o$ gggTx s®S:ITo agp uodn :i9a33a asioApe STTaTxaiam a aAvq xou op goTgm a1gTj 3o sgoa3ap xag4o xo seouaxgmnoua `suaT1 :Idaoxa `saaupxgmnaue xo suaTT -[Is moxa aax3 4s3uamaeoxdmT pup sxuamxa:gaq gsuoTsuanxe atp 3o uoT3axado aq:4 xog Sxassaoau sptMI uT s4saxawy xagpo pus, squamosae `SaA 3o sjgSTx `spueT 6S2xadoxd TZa oq 912Ta paxTnboa seq S3To aqq gagq Svpvu SgTo atp Sq pagaalas Sauxoq.ga ua 30 uoTuTdo uv Sq paTuadm000e aq gTags 9ga3T3Tgxao ags -p93xagosgp uaaq aeaq pun& uoTgonxgsuoo aq3 waij e1quAvd axe goTtf, suoTgaSTTgo Tia 3vga agags ZTags pua uoTgaTdmoo Zz a9pd Page 22 Section 16. That the Mayor is hereby directed to publish for one insertion in News -Progress, which is hereby found and declared to be a newspaper having a general circulation in the City of Jacksonville, Arkansas, this ordinance, to which shall be attached a notice signed by him in substantiallythe following form: Page 23 N 0 T I C E Notice 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 Waterworks and Seger Revenue Bonds described in the ordinance; that any person interested may appear before the Council on the day of , 1960, at o°clock .m., at the usual meeting place of the Council in Jacksonville, Arkansas, and present protests. At such hearing all objections and suggestions will be heard and the Council will take such action as is deemed proper in the premises. Dated this day of , 1960. Mayor Page 24 Section 17. That this ordinance shall not create any right of any kind and no right of any kind shall arise hereunder pursuant to it until the bonds authorized by this ordinance shall be issued and delivered. Section 18. That if any provision of this ordinance shall for any reason be held illegal or invalid, such holding shall not affect the validity of the remainder of the ordinance. Section 19. That all resolutions and ordinances, or pasts thereof, in conflict herewith are hereby repealed to the extent of such conflict. Section 20. That it is hereby ascertained and declared that the lack of adequate Waterworks and Sewer Facilities for the City of Jacksonville greatly endangers the life, health, welfare and property of the inhabitants thereof, and that the needed ex- tensions, betterments and improvements can be constructed only by the issuance of the bonds herein authorized. It is, therefore, declared that an emergency exists and this ordinance being necessary for the immediate preservation of the public peace, health and safety shall take effect and be in force from and after its passage. FASSED• , 1960. Mayor ATTEST City Clerk (SFS) CERTIFICATE The undersigned, City Cleric of Jacksonville, Arkansas, hereby certifies that the foregoing gages numbered 1 to 24, inclusive, are a true, perfect and compared copy of Ordinance No, gassed at a session of the City Council of Jacksonville, Arkansas, held at the regular meeting place of the Council in said City at o'clock m., on the day of ,19609 and that the said ordinance is of record in Ordinance Record Rook No., page , now in my possession. Given under my hand and seal this day of , 1960. City Clerk (SEAL)