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0298 Y ' 1 ORDINANCE NO. a AN ORDINANCE AUTHORIZING THE ISSUANCE OF TEMPORARY HOSPITAL REVENUE BONDS, SERIES 13, FOR THE PURPOSE OF FINANCING THE COST TO THE CITY OF THE CONSTRUCTION AND EQUIPMENT OF AN EXTENSION TO THE CITY OF JACKSON- VILLE, ARKANSAS HOSPITAL (THE REBSAMEN MEMORIAL HOSPITAL); AUTHORIZING A SUPPLEMENTAL TRUST INDENTURE SECURING THE BONDS; PRESCRJT3ING1 OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY, WHEREAS, it has been determined by the City Council of the City of Jacksonville, Arkansas (the "City ") that there exists an immediate necessity for the construction and equipment of an extension (the "improvements ") to the City hospital (known as the "Rebsamen Memorial Hospital ") in order that adequate medical facilities may be provided for the inhabitants of the City; and WHEREAS, the total estimated cost of the improvements is approximately $400,000; and h WHEREAS, it is anticipated that permanent financing of the improvements will be obtained from federal grant funds, or, if federal grant funds are not received, or are insufficient to pay the total cost of the improvements, the City - will issue permanent hospital revenue bonds in the amount necessary to pay such portion of the costs of the improvements not paid from federal grant funds; or and WHEREAS, in order to proceed expeditiously with the improvements, it is necessary for the City to provide interim financing prior to the time the permanent financing is available; and WHEREAS, the City has issued and there are now outstanding hospital revenue bonds of the City designated "City of Jacksonville, Arkansas Hospital 1. Revenue Bonds, Series A" dated February 1, 1972 (the "Series A Bonds"), in the (unconverted) principal amount of $600,000 and the Series A Bonds are secured by a Trust Indenture executed byaid between the City and the Trustee dated as of February 1, 1972 (the "Indenture "); and ORD. BOOK #PAGE # + 7 v _ .... Page 2 WHEREAS, the Indenture authorizes the issuance of additional bonds, in series, secured by the Indenture, in the total (unconverted) principal amount of $400,000; and WHEREAS, the City has made the necessary arrangements to sell not to exceed $400,000 in principal amount of Temporary Series B Bonds to Stephens, Inc., Little Rock, Arkansas, at a price of par for bonds bearing interest at 7% per annum; and WHEREAS, it is necessary and appropriate in connection with the issuance of the Temporary Series B Bonds that the City execute and deliver a Supplemental Trust Indenture (the "Supplemental Indenture ") in favor of the holders of the bonds. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Jacksonville, Arkansas; Section 1. The improvements shall be accomplished. Section 2. In order to provide interim financing for the accomplishment of the improvements, the sale and issuance of the Temporary Series B Bonds as described in detail hereinafter) is hereby authorized. ti Section 3. To secure the Temporary Series B Bonds and to prescribe the terms and conditions upon which the bonds are to be secured, executed, authenticated, accepted, held and paid and the delivery of the bonds, the Mayor and City Clerk of the City are hereby authorized and directed to execute the Supplemental Indenture and to affix the seal of the City thereto and to attest the Supplemental Indenture, and the Mayor and City Clerk are hereby authorized and directed to cause the Supplemental Indenture, which constitutes and is hereby made a part of this Ordinance, to be in substantially the following form: ORD. BOOK #PAGE #� • FIRST SUPPLEMENTAL TRUST 'INDENTURE THIS FIRST SUPPLEMENTAL TRUST INDENTURE executed and delivered as of the 1st day of September, 1973, by and between The City of Jacksonville, Arkansas (the "City ") and First Jacksonville Rank, Jacksonville, Arkansas, a banking institution organized and existing under the laws of the State of Arkansas with its principal office and post office address in Jacksonville, Arkansas (the "Trustee "). WITNESSETH: WHEREAS, the City now owns a hospital which serves the citizens and inhabitants of the City, being the Rebsamen Memorial Hospital (the "Hospital "); and WHEREAS, the City has issued and there are now outstanding hospital revenue bonds of the City, sold and issued under the provisions of Act No. 175 of the Acts of Arkansas of 196], as amended, designated "City of Jacksonville, Arkansas Hospital Revenue Bonds, Series A" dated February 1, 1972 (the "Series A Bonds "), in the (unconverted) principal amount of $600,000; and WHEREAS, the Series A Bonds are secured by a Trust Indenture executed by and between the City and the Trustee dated as of February 1, 1972 (the "Indenture "); and WHEREAS, the City has determined to issue temporary additional bonds for the purpose of providing interim financing of extensions and improvements to the Hospital; and WHEREAS, the Indenture authorizes the issuance of additional bonds, in series, secured by the Indenture, in the total (unconverted) principal amount of $400,000; and • WHEREAS, the City offered for sale its Hospital Revenue Bonds, Temporary Series B, in the unconverted principal amount of $400,000 (the'Temporary Series B Bonds ") and has sold the Temporary Series B Bonds to Stephens, Inc., Little Rock, Arkansas (the "purchaser ") at a price of par for bonds bearing interest at 7% per annum; and ORD. BOOK # p7 • PAGE # • WHEREAS, the execution and delivery of this first Supplemental Trust Indenture and the issuance and delivery of the Temporary Series B Bonds have in all respects been duly authorized by Ordinance No, of the City, adopted and approved on the __day of 3973; and WHEREAS, the Temporary Series 13 Bonds and the Trustee's Certificate to be endorsed thereon are to be in substantially the following form with necessary and appropriate variations and insertions as permitted or required by the Indenture or this First Supplemental Trust Indenture: • ORD, BOOK 7_9 PAGE 7 7 D • (form of Bond) UNITED STATES 01' AMERICA STATE OF ARKANSAS COUNTY OE PULASKI CITY OF JACKSONVILLE 7% HOSPITAL REVENUE BOND, SERIES B (TEMPORARY) No. RB- $50,000 KNOW ALL MEN BY THESE PR]SENTS: That the City of Jacksonville, County of Pulaski, State of Arkansas (the "City "), acknowledges itself to owe, and for value received, hereby promises to pay to or assigns (the "Registered Owner ") on the first day of February, 1974, the principal sum of FIFTY THOUSAND DOLLARS in such coin or currency of the United States of America as the time of payment shall be legal tender for the payment of debts due the United States of America, and to pay interest On the principal sum hereof, in like coin or currency, at the l rate of seven per cent (7%) per annum from the date hereof until paid. Interest is payable on February 1, 1974. Payment of principal and interest shall be at the principal office of First Jacksonville Bank, Jacksonville, Arkansas (the "Trustee" and "Paying Agent"). This bond is one of a series of Hospital Revenue Bonds, Series B (Temporary) authorized in the aggregate principal amount of not to exceed $400,000 (the "Temporary Series B Bonds ") being issued for the purpose of providing interim financing of the cost of constructing and equipping an extension (the "construction ") to the City Hospital (the "Hospital"), P ), paying necessary expenses and making , necessary expenditures incidental thereto and paying the expenses of the issuance of the Temporary Series B Bonds. The Temporary Series B Bonds are part of an authorized issue of bonds in the total (unconverted) principal amount of $1,000,000 (the "bonds "), and the City has previously issued Series A Bonds in the (unconverted) principal amount of $600,000. ORD. BOOK #_.....Q PACE f_217_)._ • The Temporary Series B Bonds are issued pursuant to and in full compliance with the Constitution and laws of the State of Arkansas, including particularly Act No. 175 of the Acts of Arkansas of 1961, as amended, and an Ordinance of the City, duly adopted and approved, which Ordinance sets forth in detail the terms and conditions upon which the Temporary Series B Bonds are issued (the "Authorizing Ordinance "). The Temporary Series 13 Bonds are not general obligations of the City and do not constitute an indebtedness of the City within any consti- tutional or statutory limitation. The bonds are issued under, and all of the bonds, regardless of series, are equally and ratably secured by a Trust Indenture, by and between the City and the Trustee, which Trust Indenture sets forth the terms and conditions governing the issuance of the bonds, the nature and extent of the security, which includes a lien on the properties described in the Trust Indenture, the pledge of revenues, and the rights and obligations of the City, the ' Trustee and the holders and registered owners of the bonds. In connection with the issuance of the Temporary Series B Bonds the City has executed and delivered a First Supplemental Trust Indenture, authorized by the Authorizing Ordinance. A copy of the Trust Indenture (as supplemented by the First Supplemental Trust Indenture) is recorded in the office of the Circuit Clerk and Ex Officio Recorder of Pulaski County, Arkansas, and reference may be•had thereto by any interested person. Among other things, the City has covenanted in the Trust Indenture to issue and • deliver, prior to the maturity of the Temporary Series B Bonds, permanent hospital,' revenue bonds to the extent necessary to provide for payment of the principal of the Temporary Series B Bonds. The Temporary Series B Bonds shall not be subject to redemption prior to maturity. IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of the Temporary Series 13 Bonds, have existed, have happened and have been ORD. BOOK # 0 performed in due time, form and manner, as required by law; that the indebtedness represented by the bonds (including the Temporary Series B Bonds) does not exceed any constitutional or statutory limitation; and that hospital revenues have been pledged to and will be set aside for payment of principal of and interest on the bonds in accordance with the provisions of the Trust Indenture. This bond shall not be valid until the Certificate of Authentication hereon shall have been signed by the Trustee. L IN WITNESS WHEREOF, the City of Jacksonville, Arkansas, has caused this bond to be executed in its name by the Mayor and City Clerk, and its seal to be affixed, all as of the day of 1973. CITY OF JACKSONVILLE, ARKANSAS ATTEST: Mayor City Clerk (SEAL) • oRO. BOOK 1 ----RAGE �o # • TRUSTEE'S CERTIFICATE OF AUTHENTICATION This Temporary Series B Bond is one of the bonds described herein aggregating not to exceed $400,000. FIRST JACKSONVILLE BANK JACKSONVILLE, ARKANSAS By Authorized Signature ASSIGNMENT For value received, the registered owner last listed below sells, conveys, transfers, assigns and delivers this bond to the assignee last listed below, REGISTERED OWNER ASSIGNEE ORn Dan •70 • and WHEREAS, all things necessary to make the Temporary Series B Bonds when authenticated by the Trustee and issued as in the Indenture and this First Supplemental Trust Indenture provided, the valid, binding and legal obligations of the City according to the import thereof, and to constitute the Indenture and this First Supplemental Trust Indenture a valid lien on the properties mortgaged r. and a valid pledge of the revenues therein made to the payment of the principal of and interest on the Temporary Series B Bonds, have been done and performed, and the creation, execution and delivery of this First Supplemental Trust Indenture and the creation, execution and issuance of the Temporary Series B Bonds subject to the terms hereof have in all respects been duly authorized. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THIS FIRST SUPPLE- MENTAL TRUST INnENTURE WITNESSETH: Section 1. Section 102 of the Indenture is hereby amended by adding at the end thereof an additional paragraph as follows: The City has duly authorized a series of bonds, secured by this Indenture, in the aggregate principal amount of not to exceed $400,000 designated "City of Jacksonville, Arkansas Hospital Revenue Bonds, Series B (Temporary)" (the - "Temporary Series B Bonds "). The Temporary Series 13 Bonds shall be in the denomination of $50,000 each and shall be numbered consecutively from RB -1 upward. The Temporary Series 13 Bonds shall be typewritten, shall be delivered from time to time, as funds are needed, shall be dated the date of delivery, shall bear interest at the rate of 7% per annum and shall mature on February 1, 1974. The City shall notify the Trustee and the purchaser, not less than seven (7) days before each delivery, of its intent to deliver bonds. The notice may be verbal, but must be confirmed in writing. The Temporary Series 13 Bonds shall not be subject to redemption prior to maturity. Unless other funds for payment of principal of the outstanding Temporary Series B Bonds are available, the City shall, prior to the maturity, issue and deliver permanent hospital revenue bonds in an amount ORD. BOOK # PAGE 1I sufficient to pay such principal. The Temporary Series B Bonds shall be issued as fully registered bonds. Section 2. The terms and provisions of the Indenture as supplemented hereby are hereby ratified and confirmed and shall extend to the protection of the holders of the bonds of each series outstanding, including without limitation the holders of the Temporary Series 13 Bonds. IN WITNESS WHEREOF, the City of Jacksonville, Arkansas has caused these presents to be signed in its name and behalf by the Mayor and its Beal to be hereunto affixed and attested by the City Clerk, and to evidence its acceptance of the trusts hereby created and continued, First Jacksonville Bank, Jacksonville, Arkansas, has caused these presents to be signed in its name and behalf by its and its corporate seal to be hereunto affixed and attested by its , all as of the 1st day of September, 1973. CITY OF JACKSONVILLE, ARKANSAS ATTEST: By Mayor City Clerk (SEAL) FIRST JACKSONVILLE BANK JACKSONVILLE, ARKANSAS By ATTEST: (title) (title) (SEAL) ORD. BOOK PAGE 1 ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI On this day of , 1973, before me, a Notary Public duly, commissioned, qualified and acting within and for the State and County aforesaid, appeared in person the within'named and Mayor and City Clerk, respectively, of the City of Jacksonville, Arkansas, to per- sonally known, who stated that they were duly authroized in their respective capacities to execute the foregoing instrument for and in the name of the City, and further stated and acknowledged that they had signed, executed and delivered said foregoing instru- ment for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of , 1973. Notary Public (SEAL) ORD. BOOK # o) ^ PAGE # ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF PULASKI On this day of , 1973, before me, a Notary Public duly commissioned, qualified and acting within and for the State and County aforesaid, appeared in person the within named and and , respectively, of First Jacksonville Bank, Jacksonville, Arkansas, to me personally known, who stated that they were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of the Bank, and further stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of , 1973. Notary Public (SEAL) ORD. BOOK # c PAGE #? O • Y I Section 4. The Mayor and the City Clerk for and on behalf of the City are authorized and directed to do any and all things necessary to effect the execution and delivery of the Supplemental Indenture, its execution and acceptance by the Trustee, the performance of all obligations of the City under the Supplemental Indenture, the execution and delivery of the Temporary Series 13 Bonds, and the performance of all other acts of whatever nature necessary to effect and carry out the authority conferred by this Ordinance and the Supplemental . Indenture. The Mayor and City Clerk are 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 accomplishment of the authority conferred by this Ordinance and the Supplemental Indenture and to evidence that authority and its exercise. Section 5. The provisions of this Ordinance are severable. If any provisions of this Ordinance shall for any reason be held invalid or inapplicable to any person or circumstance, such holding shall not affect the validity or applicability of the remainder of the Ordinance. ,. Section 6. All Ordinances and Resolutions or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 7. No rights accrue or arise under or pursuant to this Ordinance or the Temporary Series B Bonds until delivery of the Temporary Series B Bonds. Section 8. It has been found and it is hereby declared that the need for adequate hospital facilities endangers the life, health and welfare of the inhabitants of the City, and the adequate facilities can be made available only by the issuance of the Temporary Series B Bonds authorized by this Ordinance. Therefore, an emergency is declared to exist and this Ordinance being immediately necessary for the preservation of the public peace, health and safety shall take effect and be in full force from and after its passage and approval. Passed this )4 day of �,cr4.7 , 1973. ATTEST: Mayor •LPL v7LL/L(� City C,15/1 1?R[.5. ROOK #,__P GE #?� (SEAL) CERTIFICATE • The undersigned, City Clerk of the City of Jacksonville, Arkansas, hereby certifies that the foregoing pages are a true and perfect copy of Ordinance No, , adopted at a session of the City Council, held at the regular meeting place in the City at .m., on the __day vk of , 1973, and that the Ordinance is of record in Ordinance Record Book No, , Page , now in my possession. ` • GIVEN under my hand and seal on this _day of 1973. • City Clerk (SEAL) • • f DUD. HOOK t a._. r fic>f 7 O_ •