0263 ORDINANCE NO.024✓
AN ORDINANCE CALLING A SPECIAL EJECTION TO VOTE
UPON THE QUESTION OF ISSUING BONDS UNDER THE
PROVISIONS OF ACT NO. 9 OF THE FIRST EXTRAORDINARY
SESSION OF THE SIXTY - SECOND GENERAL ASSEMBLY OF
THE STATE OF ARKANSAS, APPROVED JANUARY 21, 1960,
AS AMENDED, FOR THE PURPOSE OF FURNISHING PER -
• MANENT FINANCING OF A PORTION OF THE COSTS OF
DEVELOPING INDUSTRY (THE PARTICULAR INDUSTRIAL
PROJECT IS DESCRIBED IN THE ORDINANCE); PRESCRIBING
OTHER MATTERS RENTING THERETO; AND DECLARING AN
EMERGENCY
WHEREAS Franklin Electric Go., Inc., an Indiana corporation
( "Franklin ") , is acquiring an industrial facility at the City of Jacksonville, Arkansas
(the "city ") presently operated by The Singer Company ( "Singer "); and
WHEREAS the existing facility is being operated for the manufacture
of electric motors and its continued operation is vital to the economic well being
of the City and its inhabitants by reason of the substantial employment and
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payrolls involved; and
WHEREAS unlike the present operator , the manufacturing of electric
motors is the principal industrial activity of Franklin, and because of its experience
and prominence In this particular Industrial field and its plans for growth, the
acquisition and expanded operation of the existing facility by Franklin will
serve the public purposes underlying 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 "); and
WHEREAS as an essential part of the permanent financing required for
the consummation of the acquisition by Franklin, it is proposed that the City
issue Industrial Development Revenue Bonds under Act No. 9 (the "bonds "), use
the proceeds thereof to acquire machinery, equipment and facilities and lease
the same to Franklin for rentals sufficient to cover debt service requirements on
the bonds (additional permanent financing will be obtained by Franklin from other
sources); and
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WHEREAS as required by Act No. 9, the purpose of this Ordinance is
to submit the question of the issuing of the bonds to the electors of the Gity at
a special election called for that purpose;
NOW, THEREFORE, BE IT ORDAINED by the Gity Council of the City
of Jacksonville, Arkansas:
Section 1. That a special election be, and the same is hereby,
called to be held in the City on the 22nd day of June, 1972, at which
election there will be submitted to the e- lectors of the City the question of issuing
Industrial Development Revenue Bonds under Act No. 9 for the purpose of furnishing
permanent financing of a portion of the costs of developing industry the particular
project is described above). The bonds will be dated, the bonds will bear interest
at the rate or rates, the interest will be payable on such dates, the bonds will
mature on such date or dates, the bonds will be subject to redemption prior to
maturity in such manner and upon such terms, and the bonds will be issued at
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one time or in series from time to time, all as the City Council shall subsequently
determine and specify in the ordinance authorizing the issuance of the bonds.
Section 2. That the question shall be placed on the ballot for the
election in substantially the following form:
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Vote on measure by placing an "X" in the square above
the measure either FOR or AGAINST:
FOR the issuance of Industrial Development Revenue
Bonds by the City of Jacksonville, Arkansas in the aggregate _
principal amount of not to exceed $3,000,000 /
AGAINST the issuance of Industrial Development Revenue
Bonds by the City of Jacksonville, Arkansas in the aggregate
• principal amount of not to exceed $3,000,000 L /
It is proposed_to issue City of Jacksonville, Arkansas ( "City ")
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Industrial Development Revenue Bonds ("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 ( "Act No. 9 "), in the aggregate principal
amount of not to exceed $3,000,000 for the purpose of furnish-
ing the permanent financing of a portion of the costs of an
industrial undertaking at the City whereby Franklin Electric
Co., Inc., an Indiana corporation ( "Franklin ") , is acquiring
and will operate certain industrial facilities at the City re-
sulting in the continuance and expansion of substantial
employment and payrolls. The bonds will be dated, the bonds
will bear interest at such rate or rates, the interest will be
payable on such dates, the bonds will mature on such date or
dates, the bonds will be subject to redemption prior to maturity
1 in such manner and upon such terms, and the bonds will be
issued at one time or in series from time to time, all as the City
Council shall subsequently determine and specify in the ordinance
or ordinances authorizing the issuance of the bonds. Bond proceeds
• will be used to acquire and install machinery, equipment and
facilities (the "facilities "). The facilities will be owned by the
City and leased to Franklin or a subsidiary, for lease rentals
sufficient to provide for the payment of the principal of and interest
on the bonds. If the are - leased to a subsidiary, the
obligations of the subsidiary under the Lease Agreement will be
unconditionally guaranteed by Franklin. The bonds will not be
general obligations of the City but will be special obligations
payable solely from revenues derived form the facilities, including
particularly lease rentals under the Lease Agreement with Franklin,
which will be specifically pledged to the payment of the principal
of and interest on the bonds, and the bonds will be secured by a
1 lien on and security interest in the facilities as authorized by Act
No, 9.
Section 3. That the election shall be held and conducted and the
vote canvassed and the results declared under the law and in the manner provided
for municipal elections, so far as the same may be applicable and the Mayor shall
give notice of such election by an advertisement published once a week for four
consecutive weeks in a newspaper having a bona fide circulation in the City with
the last publication to be not less than ten days prior to the date of the election,
and only qualified electors of the City shall have the right to vote at said
election on the question.
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Section i. That the results of the election shall be proclaimed by
the Mayor and his proclamation shall be published one time in a newspaper
having a bona fide circulation in the City, which proclamation shall advise that
the results as proclaimed shall be conclusive unless attacked in the courts
within thirty days after the date of such proclamation.
Section S. That a copy of this Ordinance shall be furnished to the
Pulaski County Board of Election Commissioners so that the necessary election
officials and supplies may be provided.
Section 6. That, by Ordinance No. 262, the City has heretofore
called an election an the question of issuing these bonds for June 6, 1972.
Developments have been such that, because of theretofore scheduled primary
elections for May 30 and June 13, the election officials cannot accommodate
to the June 6 date and have requested a rescheduling of the election. Accordingly,
by this Ordinance the election is being rescheduled for June 22 and therefore
Ordinance No. 262 is hereby repealed.
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 additional'
employment, increased payrolls, alleviate unemployment and provide other benefits
incidental thereto, and the issuance of the bonds referred to in this Ordinance is
essential to accomplishing the said public benefits. 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.
PASSED: Ma? , 1972.
APPROVED:
By , ' a L
a, or
ATTEST: '
f APPROVED AS
C.-� _ !�.� � r FOFtPf1
tity Clerk
11.a h.
(SEA I.)
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ORD. Pnn' 67 _ ._PAC's _ _
CERTIFICATE
I, the undersigned, City Clerk of Jacksonville, Arkansas, hereby
certify that the foregoing pages numbered ] to 4, inclusive, are a true and
compared copy of an ordinance passed 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
1972, and that said ordinance is of record in Ordinance Book
, Page , now in my possession.
GIVEN under my hand and seal this day of —, 1972.
City Clerk
• . (SEAL)
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ATT EF AS TO FORM:
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ORD. BOOK #. 2 'PAGE 7-'7.3