0302 M
• 11 • • • • •.
ORDINANCE NO. Jo cZ
AN ORDINANCE AUTHORIZING THE ISSUANCE OF HOSPITAL
REVENUE BONDS FOR FINANCING THE COST TO THE CITY
OF CONSTRUCTING AND EQUIPPING NEW HOSPITAL IM-
PROVEMENTS AND FACILITIES, AND THE PAYMENT OF
EXPENSES CONNECTED THEREWITH;,AUTHORIZING A
SUPPLEMENTAL TRUST INDENTURE SECURING THE BONDS;
PRESCRIBING OTHER MATTERS RELATING THERETO AND
DECLARING AN EMERGENCY.
WHEREAS, the City of Jacksonville, Arkansas (the "City ") now owns
a hospital (the Rebsamen Memorial Hospital, called "Hospital ") which serves
the City and its inhabitants; and
WHEREAS, it has previously been determined that the Hospital should
be improved and expanded by the construction of additional facilities to provide
nursing and medical care, at an estimated cost to the City of $1,000,000,
including the total cost of construction, furnishing, equipping and the necessary
architectural, legal and other expenses incidental to the construction of improve-
ments and to the issuance of revenue bonds (the "construction "), all as described
and set forth in plans, copies of which are on file in the office of the City Clerk;
and
WHEREAS, the City has authorized Hospital Revenue Bonds of the City in
the total aggregate principal amount of One Million Dollars ($1,000,000), for
the purpose of financing the construction and, in connection therewith, has
authorized, and has executed and delivered, a Trust Indenture dated as of
February 1, 1972 (the "Original Indenture"), all pursuant to the provisions of Act
No. 175 of 1961, as amended ( "Act No. 175 "); and
WHEREAS, the City has heretofore delivered Six Hundred Thousand Dollars
($600,000) in (unconverted) principal amount of bonds (the "Series A Bonds ")
and, as authorized by the Original Indenture, the City now proposes to sell and
deliver the additional Four Hundred Thousand Dollars ($400,000) in (unconverted)
principal amount of bonds (the "Series B Bonds ") pursuant to the provisions of
Section 101 of the Original Indenture; and
WHEREAS, the City has issued temporary bonds of Series B, in the
aggregate principal amount of $350,000, which are in the denomination of
$50,000 each and mature February 1, 1974 (the "Temporary Bonds ") and it is
necessary that the Temporary Bonds be refunded by the issuance of the (definitive)
Series B Bonds; and
WHEREAS, the purpose of issuance of the Series B Bonds is to accomplish
the refunding of the Temporary Bonds and to finance the completion of the
construction; and
WHEREAS, the Series B Bonds have been sold to Stephens, Inc., Little
Rock, Arkansas (the "purchaser "), at a price of par and accrued interest for
bonds bearing interest at the rate of 6% per annum, being the best terms obtain-
able, and the purchaser has, pursuant to the terms of the sale, elected to
convert the $400,000 in principal amount to a series in the aggregate principal
amount of $424,000, as set forth in detail hereinafter; and it has been found
that the City will receive no less and pay no more than if the Series B Bonds
had not been converted and that the conversion is in accordance with the terms
of the sale; and
WHEREAS, it is necessary in connection with the issuance of the
Series B Bonds for the City to execute and deliver a Second Supplemental Trust
Indenture (the "Supplemental Indenture ");
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of Jacksonville, Arkansas:
Section 1. There is hereby authorized and directed the accomplishing
• of the construction, together with the refunding of the Temporary Bonds, as
expeditiously as possible and the execution and delivery of necessary architectural,
engineering, construction and other contracts for or pertaining thereto.
Section 2. The sale of the Series B Bonds to the purchaser and the
conversion thereof as described above are approved and confirmed.
Section 3. City of Jacksonville, Arkansas Hospital Revenue Bonds,
Series B, in the principal amount of $424,000 are hereby authorized and ordered
issued, to provide financing for the cost to the City of the construction, togehter
with the refunding of the Temporary Bonds, and, to prescribe the terms and
conditions upon which the Series B Bonds are to be secured, executed, authen-
4.
ticated, issued, accepted and held, 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 to be accepted and executed by the Trustee, which
Supplemental Indenture is hereby made a part of this Ordinance and is to be
in substantially the following form:
SECOND SUPPLEMENTAL TRUST INDENTURE
This SECOND SUPPLEMENTAL TRUST INDENTURE dated as of the first
day of January, 1974, by and between the CITY OF JACKSONVILLE, ARKANSAS, a
City of the first class, duly existing under the laws of the State of Arkansas (the
"City "), as party of the first part, and FIRST JACKSONVILLE BANK, an institution o
organized under and existing by virtue of the laws of the State of Arkansas,
with its principal office, domicile and post office address in Jacksonville,
Arkansas (the "Trustee "), as party of the second part;
WITNESSETH:
WHEREAS, the City and the Trustee have heretofore executed and delivered
a Trust Indenture dated as of the first day of February, 1972, recorded in the
office of the Circuit Clerk and Ex Officio Recorder of Pulaski County, Arkansas
at Record Book 1397, page 373 (the "Original Indenture "), securing Hospital
Revenue Bonds of the City authorized in the total aggregate principal amount of
One Million Dollars ($1,000,000), authorized for the purpose of financing the
construction and equipment of extensions (the "construction ") to the hospital
of the City (the Rebsamen Memorial Hospital, called the "Hospital "); and
WHEREAS, the City has heretofore delivered Six Hundred Thousand
Dollars ($600,000) in (unconverted) principal amount of bonds (the "Series A
Bonds ") and, as authorized by the Original Indenture, the City now proposes to
sell and deliver the additional Four Hundred Thousand Dollars ($400,000) in
(unconverted) principal amount of bonds (the "Series E Bonds ") pursuant to the
provisions of Section 101 of the Original Indenture; and
WHEREAS, the City has issued temporary bonds of Series B, in the
aggregate principal amount of $350,000, which are secured by a First Supplemental
Trust Indenture dated as of September 1, 1973 (the "First Supplemental Indenture ")
are in the denomination of $50,000 each and mature February 1, 1974 (the
"Temporary Bonds ") and it is necessary that the Temporary Bonds be refunded by
the issuance of the (definitive) Series B Bonds; and
•
•
WHEREAS, the purpose of issuance of the Series B Bonds is to accomplish
the refunding of the Temporary B Bonds and to finance the completion of the
construction; and
WHEREAS, the purpose of this Second Supplemental Trust Indenture
(the "Second Supplemental Indenture ") is to set forth the details of the Series B
Bonds and to amend certain provisions of the Original Indenture; and .
WHEREAS, the execution and delivery of this Second Supplemental
Indenture and the issuance of the Series B Bonds have been in all respects duly
and validly authorized by Ordinance No. of the City, adopted and approved
on the day of , 19_; and
WHEREAS, the Series B Bonds have been sold to Stephens, Inc., Little
Rock, Arkansas (the "purchaser "), at a price of par and accrued interest for
bonds bearing interest at the rate of 6% per annum, being the best terms obtain-
able, and the purchaser has, pursuant to the terms of the sale, elected to
convert the $400,000 in principal amount to a series in the aggregate principal
amount of $424,000, bearing interest at lower rates, as set forth in detail herein-
after; and it has been found that the City will receive no less and pay no more
than if the Series B Bonds had not been converted and that the conversion is in
accordance with the terms of the sale; and
WHEREAS, the City is authorized by Act No. 175 of 1961, as amended
( "Act No. 175 "), to enter into this Second Supplemental Indenture and to issue
the Series B Bonds; and
WHEREAS, the Series B Bonds and interest coupons to be attached
thereto and the Trustee's Certificate to be endorsed thereon are to be in sub-
stantially the following form, with necessary and appropriate variations,
omissions and insertions as permitted or required by the Original Indenture as
amended and supplemented by this Second Supplemental Indenture, to -wit:
(Form of Bond)
UNITED STATES OF AMERICA
STATE OF ARKANSAS
CITY OF JACKSONVILLE
COUNTY OF PULASKI
% HOSPITAL REVENUE BOND, SERIES B
No. $
KNOW ALL MEN BY THESE PRESENTS:
That the City of Jacksonville, Arkansas (the "City "), acknowledges
itself to owe and, for value received, hereby promises to pay to bearer, or if
this Series B Bond be registered to the registered owner hereof, solely from
the special fund provided as hereafter set forth, the principal sum of
ONE THOUSAND DOLLARS
in lawful money of the United States of America on the first day of February,
19 , and to pay solely from said special fund interest hereon at the rate of
per cent ( %) per annum from date semiannually on the first days
of February and August of each year, commencing August 1, 1974. Payment of
interest, when registered as to interest, shall be by check or draft mailed to
the registered owner at his address reflected on the registration book of the
City. Payment of principal, and payment of interest when evidenced by coupons,
shall be payable at the principal office of First Jacksonville Bank, Jacksonville,
Arkansas (the "Trustee" and "Paying Agent ").
This Series B Bond and the series of which it forms a part are dated
January 1, 1974, designated "City of Jacksonville, Arkansas, Hospital Revenue
Bonds, Series B ", numbered from one (1) to four hundred twenty -four (424),
inclusive, in the aggregate principal amount of Four Hundred Twenty -Four
Thousand Dollars ($424,000) all of like tenor and effect except as to number,
rate of interest, maturity and right of prior redemption (the "Series B Bonds "),
and are issued for the purpose of financing the cost to the City of constructing
and equipping extensions to the City Hospital (the "Hospital "), including in
connection therewith the refunding of temporary bonds previously issued, paying
necessary expenses and making necessary expenditures incidental thereto and
paying the expenses of the issuance of Series B Bonds (the "construction ").
The 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 $600,000 in (unconverted) principal amount of bonds (designated
the "Series A Bonds ").
This Series B Bond and the series of which it forms a part 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 ordinances of the City, duly adopted and approved, which ordinances
set forth in detail the terms and conditions upon which the Series B Bonds are
issued (the "Authorizing Ordinance "). The bonds are not general obligations of
the City, but are special obligations secured by a pledge of and payable solely
from the gross revenues derived from the operation of the Hospital. An amount of
Hospital revenues sufficient to pay the principal of and interest on the bonds has
been duly pledged and set aside into the "Hospital Revenue Bond Fund," and the
bonds do not constitute an indebtedness of the City within any constitutional or
statutory limitation. All of the bonds are issued under and are equally and ratably
secured by a Trust Indenture (as supplemented in connection with the issuance of
the Series B Bonds), authorized by the Authorizing Ordinance, 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. A copy of the 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 impose and collect
or cause to be imposed and collected such charges for the use of the facilities
of the Hospital as will always produce sufficient revenues to provide for the
payment of the principal of and interest on the bonds as the same become due
and payable, and to provide for the payment of the reasonable expenses of
operation and maintenance of the Hospital and adequately to maintain all funds
required by the Trust Indenture.
The Series B Bonds are subject to redemption prior to maturity, in
whole or in part, with there to be no partial redemption of any Series B Bond,
in inverse numerical order, at a price of the principal amount being redeemed
plus accrued interest as follows; From surplus proceeds of the sale of the Series B
Bonds not required for the construction on any interest paying date; from funds
from any source on any interest paying date on and after February 1, 1979.
Notice of the call for redemption shall be published one time in a
newspaper published in the City of Little Rock, Arkansas, and having a general
circulation throughout the State of Arkansas, with the publication to be at least
fifteen (15) days prior to the redemption date. In addition, notice of redemption
shall be mailed by registered or certified mail to the registered owner of any
Series B Bond' registered as to principal addressed to such registered owner at
his registered address and placed in the mail not less than fifteen (15) days prior
to the date fixed for redemption. In the event that all of the Series B Bonds
are registered as to principal, notice by registered or certified mail to the owner
or owners thereof not less than fifteen (15) days prior to the date fixed for
redemption shall be sufficient, and published notice of the call for redemption
need not be given. Each notice shall specify the numbers and the maturities of
the Series B Bonds being called and the date on which they shall be presented
for payment. After the date specified in the call, the Series B Bonds so called
will cease to bear interest, provided funds for their payment are on deposit with
the Paying Agent et that time and, except for the purpose of payment, shall no
longer be protected by the Trust Indenture and shall not be deemed to be out-
standing under the provisions of the Trust Indenture.
This Series B Bond may be registered as to principal alone or as to
principal and interest and may be discharged from such registration, in the manner,
with the effect and subject to the terms and conditions endorsed hereon and
set forth in the Trust Indenture. Subject to the provisions for registration endorsed
hereon and contained in the Trust Indenture, nothing contained in this Series B
Bond or in the Trust Indenture shall have the effect of impairing the negotiability
of this Series B Bond, This Series B Bond is issued with the intent that the laws
of the State of Arkansas shall govern the construction hereof.
The holder of this Series B Bond shall have no right to enforce the
provisions of the Trust Indenture or to institute action to enforce the covenants
therein or to take any action with respect to any event of default under the Trust
Indenture or to institute, appear in or defend any suit or other proceeding with
respect thereto, except as provided in the Trust Indenture. Modifications or
alterations of the Trust Indenture or of any indenture supplemental thereto may
be made only to the extent and in the circumstances permitted by the Trust Indenture.
This Series B Bond shall not be valid until it shall have been authenticated
by the Certificate hereon duly signed by the Trustee.
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 this Series B Bond do exist, have happened and have been performed
in due time, form and manner as required by law, that the indebtedness represented
by this Series B Bond and the series of which it forms a part, together with all
obligations of the City, does not exceed any constitutional or statutory limitation;
and that the above referred to revenues pledged to the payment of the principal
of and interest on this Series B Bond and the series of which it forms a part as the
same become due and payable will be sufficient in amount for that purpose.
IN WITNESS WHEREOF, the City of Jacksonville, Arkansas has
caused this Series B Bond to be executed in its name by its Mayor and its
City Clerk, thereunto duly authorized (with either the facsimile signature or
manual signature of the Mayor and the manual signature of the City Clerk), and
its corporate seal to be affixed hereto, and has caused the interest coupons
hereto attached to be executed by the facsimile signature of its Mayor, all
as of the first day of January, 1974.
CITY OF JAC ONVILLE, ARKANSAS
ATTEST: I
/ By / a r
City Ck rk
(SEAL)
TRUSTEE'S CERTIFICATE OF AUTHENTICATION
This Series B Bond is one of the bonds described herein aggregating
$424,000 and dated January 1, 1974.
FIRST JACKSONVILLE BANK
JACKSONVILLE, ARKANSAS -
By
Authorized Signature
(Form of Interest Coupon)
No. $
February,
On the first day of August, 19, the City of Jacksonville, Arkansas
(unless the bond to which this coupon is attached shall have been previously .
called for redemption or shall have become due as provided in the Trust Indenture
referred to in the bond) will pay to bearer, solely out of the revenues pledged
by the Trust Indenture, at the principal office of First Jacksonville Bank,
Jacksonville, Arkansas, the sum of
DOLLARS
in such coin or currency as at the time of payment is legal tender for the payment
of debts due the United States of America, being ( ) months interest then
due on its Hospital Revenue Bond, Series B, dated January 1, 1974, and numbered
• CITY OF CKS• MLLE, ARKANSAS
By
Ma or
0 0
•
•
•
PROVISIONS 1'OR REGISTRATION AND RECONVERSION
This bond may be registered as to principal on a registration book of the
City, kept by the Trustee as Bond Registrar, upon presentation hereof to the
Bond Registrar, which shall make mention of such registration in the registration
blank below, and this bond may thereafter be transferred only upon an assignment o
duly executed by the registered owner or his attorney or legal representative in
such form as shall be satisfactory to the Bond Registrar, such transfer to be made
on such book and endorsed by the Bond Registrar. Such transfer may be to bearer, and
thereafter transferability by delivery shall be restored, but this bond shall again
be subject to successive registrations and transfers as before. The principal of
this bond, if registered, unless registered to bearer, shall be payable only to or upon
the order of the registered owner or his legal representative. Interest accruing on
• this bond will be paid only on presentation and surrender of the attached interest
coupons as they respectively become due, and notwithstanding the registration of
this bond as to principal, the appurtenant interest coupons shall remain payable
to bearer and shall continue to be transferable by delivery; provided, that if upon
registration of this bond, or at any time thereafter while this bond is registered
in the name of the owner, the unmatured coupons attached evidencing interest to
be thereafter paid hereon shall be surrendered to the Bond Registrar, statement
to that effect will be endorsed hereon by the Bond Registrar and thereafter interest
evidenced by such surrendered coupons will be paid by check or draft at the times
provided herein to the registered owner of this bond by mail to the address shown
on the registration book. This bond when so converted into a bond registered as
to both principal and interest may be reconverted into a coupon bond at the written
request of the registered owner and upon presentation at the office of said Bond
Registrar. Upon such reconversion the coupons representing the interest to
become due thereafter to the date of maturity will again be attached to this bond
•
.
•
0
e.
and a statement will be endorsed hereon by the bond registrar in the registration
blank below whether it is then registered as to principal or payable to bearer.
• •
:Manner of :Signature of
Date of Registration :Manic of Registered O.vner :Reristration :ilond Registrar
•
•
•
•
•
•
•
•
•
. •
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, THIS
INDENTURE WITNESSETH:
That the City, in consideration of the premises and of the sum of
One Dollar ($1,00) in lawful money of the United States of America, to it
duly paid by the Trustee, at or before the execution and delivery of these
presents, and of the acceptance by the Trustee of the Trusts set forth in the
Original Indenture and in this Second Supplemental Indenture, and for other
good and valuable consideration, the receipt of which is hereby acknowledged
by the parties hereto, does hereby grant, bargain, sell, convey, mortgage, assign
and pledge unto the Trustee, and unto its successor or successors in trust,
and to them and their assigns forever, for the securing of the performance of the
obligations of the City set forth in the Indenture, all property of every kind
and nature described in the Original Indenture and does hereby stipulate, cove-
nant and agree with the Trustee and with the respective holders and registered
owners, from time to time, of all of the bonds or coupons of any part thereof,
and the Trustee does hereby stipulate, covenant and agree with the City for
and on behalf of the respective holders and registered owners,:`from time to
time, of all of the bonds or any part thereof as follows:
•
ARTICLE I
AMENDMENTS AND SUPPLEMENTS
TO ORIGINAL INDENTURE
Section 101. Pursuant to the provisions of Section 101 of the Original
Indenture, the details pertaining to the Series B Bonds are as follows:
The Series B Bonds are designated "City of Jacksonville, Arkansas
Hospital Revenue Bonds, Series B" (the "Series B Bonds ") and are in the principal
amount of $424,000. The Series B Bonds are dated January 1, 1974 and interest
thereon is payable semiannually on February 1 and August 1 of each year,
commencing August 1, 1974. The Series B Bonds are in the denomination of
$1,000 each. The Series B Bonds mature on February 1 of each year and interest
on the Series B Bonds is payable as set forth in the following schedule (which
schedule also sets forth the applicable bond numbers and interest rates):
BOND INTEREST INTEREST
YEAR NOS. PRINCIPAL RATES February 1 August 1 TOTAL
1974 • 12,898.96 12,898.96.
1975 1 -8 - 11 -B 11,000 11,056.25 10,795.00 32,851.25
1976 12 -8 - 23 -13 12,000 10,795.00 10,510.00 33,305.00
1977 24 -8 - 36 -8 13,000 4 -3/4% 10,510.00 10,201.25 33,711.25
1978 37 -8 - 50 -8 14,000 10,201.25 9,868.75 34,070.00
1979 51 -8 - 65 -B 15,000 9,868.75 9,512.50 34,381.25
1980 66 -8 - 81 -8 16,000 9,512.50 9,112.50 34,625.00
1981 82 -B - 97 -8 16,000 9,112.50 8,712.50 33,825.00
1982 98 -8 - 114 -8 17,000 5% 8,712.50 8,287.50 34,000.00
1983 115 -8 - 132 -8 18,000', 8,287.50 7,837.50 34,125.00
1984 133 -B - 151 -8 19,000 . 7,837.50 7,362.50 34,200.00
1985 152 -B - 172 -8 21,000 7,362.50 6,811.25 35,173.75
1986 173 -B - 194 -8 22,000 6,811.25 6,233.75 35,045.00
1987 195 -8 - 217 -B 23,000 5 -1/4% 6,233.75 5,630.00 34,863.75
1988 218 -8 - 241 -8 24,000 5,630.00 5,000.00 34,630.00
1989 242 -B - 267 -8 26,000 5,000.00 4,317.50 35,317.50
1990 268 -B - 295 -B 28,000 4,317.50 3,547.50 35,865.00
1991 296 -8 - 324 -8 29,000 3,547.50 2,750.00 35,297.50
1992 325 -8 - 355 -8 31,000 5 -1/2% 2,750.00 1,897.50 35,647.50
- 1993 356 -B - 388 -B 33,000 1,897.50 990.00 35,887.50
1994 389 =B - 429 -8 36,000 - 990.00 36,990.00
•
•
Interest on the Series B Bonds shall be evidenced by interest coupons.
The principal of the Series B Bonds and the interest thereon, except as other-
- wise provided in the case of registration, shall be payable to bearer upon
presentation and surrender of the bonds and interest coupons at the principal
office of the Trustee and Paying Agent. Payment of principal and interest shall
be in any coin or currency of the United States of America which, on the
respective dates of payment, is legal tender for the payment of debts due the
United States of America.
The Series B Bonds issued under the Indenture and the coupons attached
thereto shall be substantially in the form hereinabove set forth with such
appropriate variations, omissions and insertions as are permitted or required
by the Indenture.
Section 102. Pursuant to the provisions of Section 201 of the Original
Indenture, the Series B Bonds shall be subject to redemption prior to maturity
as specified in the Series B Bond form hereinabove set forth.
Section 103. Section 402 (1) of the Original Indenture is hereby amended
by striking the term "1972 Hospital Revenue Bond Fund" and inserting in lieu
thereof the term "Hospital Revenue Bond Fund."
Section 104. Section 402 (2) of the Original Indenture is amended by
increasing the amount of the debt service reserve to $85,000.
Section 105. Section 501 (a) of the Original Indenture is hereby amended
to read as follows:
(a) The Trustee shall take out of the total sale
proceeds
(i) the amount necessary to cover debt service
requirements of the bonds until revenues are or
will be available in sufficient amounts to take care
of debt service requirements, as specified by letter
of instructions from the City at the time of the delivery
of each series; and
(ii) any amount necessary to provide for the
redemption of outstanding temporary bonds, as
specified by letter of instructions from the City at
the time of the delivery of each series;
•
Section 106. Section 1104 of the Original Indenture is hereby amended
by adding at the conclusion thereof the following:
"Indenture" - This Trust Indenture, as originally executed
and delivered and as amended or supplemented as herein provided,
including without limitation the Second Supplemental Trust
Indenture dated January 1, 1974.
•
ACKNOWLEDGMENT
STATE OF .ARKANSAS )
COUNTY OF PULASKI )
On this day of , 19, 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 the 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 , 19
Notary Public
My Commission expires:
(SEAL) •
•
ARTICLE II
MISCELLANEOUS
Section 201. The provisions of the Original Indenture, as amended
and supplemented by this Second Supplemental Indenture, shall continue in
full force and effect and shall be fully applicable to the Series B Bonds, including,
without limitation, the execution, authentication and delivery thereof and security
therefor. The Series B Bonds shall rank on a parity of security with the Series A
Bonds.
Section 202. Upon the delivery of the Series B Bonds, and the surrender
of the Temporary Bonds, the First Supplemental Indenture shall, without further
action, be deemed to have been rescinded and to be of no effect.
Section 203. This Second Supplemental Indenture may be simultaneously
executed in several counterparts, each of which shall be an original and all
of which shall constitute but one and the same instrument. A copy hereof
shall be recorded in the office of the Circuit Clerk and Ex Officio Recorder of
Pulaski County, Arkansas, and a copy shall be filed and remain on file with
the Trustee.
1
IN WITNESS WHEREOF, the City of Jacksonville, Arkansas has caused
these presents to be signed in its name and behalf by its Mayor and its corporate
seal to be hereunto affixed and attested by its City Clerk, and to evidence its
acceptance of the trusts hereby created, 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 day and year first above
written.
CITY OF JACKSONVILLE, ARKANSAS
ATTEST: �
By a _ i tAi -,
ayo i PO'
City Clerk
(SEAL) �l
-
FIRST JACKSONVILLE BANK
JACKSONVILLE, ARKANSAS
By
ATTEST:
(title)
(title)
(SEAL)
V " - _ ... _. _. ... .. __..
•
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF PULASKI
On this day of , 19, before me, a Notary
Public duly commissioned, qualified and acting, within and for the County and
State aforesaid, appeared in person the within named
and , Mayor and City Clerk, respectively, of the City
of Jacksonville, Arkansas, a municipality of the State of 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 of the municipality, and
further stated and acknowledged that they had signed, executed and delivered the
foregoing instrument for the consideration, use and purposes therein mentioned
and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal
this day of , 19
Notary Public
My Commission expires:
(SEAL)
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 Indenture, its execution and acceptance by
the Trustee, the performance of all obligations of the City under the Indenture,
the execution and delivery of the 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 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 Indenture
and to evidence that authority and its exercise.
Section S. That the City is here involved with the acquiring and
constructing of a hospital extension, requiring highly specialized work and
specialized types of equipment, and, therefore, competitive bidding has been
and is hereby waived. This action is taken by the City Council pursuant to
applicable laws of the State of Arkansas, including particularly Act No. 175.
Section 6 . 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 7. All Ordinances and Resolutions or parts thereof in conflict
herewith are hereby repealed to the extent of such conflict.
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 bonds authorized by this Ordinance. Therefore,
an emergency is declared to exist and this Ordinance being immediately
-, sn ^n ... � ,�^rRT'^ ,• ,- ,kel+d:.:"T+�i.�aV+rta.t: -"_
s'z�6 EM1'b.a. tiYM' +.MM�4ge1Y5�1`?NV M%tln`a;l!?Yi!+< �, v };-
•
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 day of ��� /� 19 ta-
.CITY OF JAC SONVILLE, ARKANSAS
/�
ATTEST: I '
BY
4
y r
City C1e
(SEAL)
•
a
CERTIFICATE
The undersigned, City Clerk of the City of Jacksonville, Arkansas,
hereby certifies that the foregoing is a true and compared copy of an Ordinance
passed at a ragnlar session of the City Council of the City of
Jacksonville, Arkansas, held at 7230 o'clock p .m., on the ghlay of
DarArbor , 19 71 , and that the Ordinance is now of record in
the official records of the City in Book No. 9 , page 74, in my possession
as such City Clerk.
GIVEN under my hand and the seal of the City this 20th day of
, 19,23.
t GJ7 2
Ci Clerk
(SEAL)
EXCERPTS FROM MINUTES OF A MEETING OF THE
JACKSONVILLE, ARKANSAS CITY COUNCIL
HELD December 20 , 1973
The City Council of the City of Jacksonville ; Arkansas ,
met in regular session at its regular meeting place in Jacksonville ,
Arkansas , at 7 :30 P .m. , on the 20th day of December , 1973.
The following were present: Mayor JOHN R. HARDEN •
City Clerk PLOY AVANTS ; and Aldermen
ROME G. HILL HARRY DOUGHERTY WILLLW LE MIAN
RICHARD ADAIR LARRY WILSON 0SCO !CNEICUTT
Absent: None
The Mayor stated that consideration should be given to an ordinance
authorizing hospital revenue bonds
This was a matter with which the Council was familiar and after a discussion,
Alderman HILL introduced an ordinance entitled:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF HOSPITAL
REVENUE BONDS FOR FINANCING THE COST TO THE CITY
OF CONSTRUCTING AND EQUIPPING NEW HOSPITAL IMPROVE-
. .MENTS AND FACILITIES, AND THE PAYMENT OF EXPENSES
CONNECTED THEREWITH; AUTHORIZING A SUPPLEMENTAL
TRUST INDENTURE SECURING THE BONDS; PRESCRIBING OTHER
MATTERS RELATING THERETO AND DECLARING AN EMERGENCY.
•
Alderman Adair and Alderman Wilson
and t OtiPpaDivdc read the ordinance in full. •
i
Page 2
Alderman TTTT. , seconded by Alderman
nnwnnnrr , moved that the rule requiring the reading
of an ordinance or resolution in full on three different days be suspended and that
the ordinance be placed on its second reading. The Mayor put the question on the
adoption of the motion and the roll being called, the following voted aye:
Honeycutt
and the following voted nay: None
Thereupon the Mayor declared that at least two- thirds of all members of
the Council having voted in favor of the motion to suspend the rule, the motion was
carried and the rule suspended. The ordinance was then read by the
Alderman TETTT. , seconded by Alderman
LE MAN , then moved that the rule requiring the reading
of an ordinance in full on three different days be further suspended and that the
ordinance be placed on its third reading. The Mayor put the question on the adoption
of the motion and the roll being called the following voted aye:
AT Anrman • Hi31 g er y, Ts nn r-a n f y , t 1 .. and
Honeycutt
and the following voted nay: Nona
The Mayor declared that at least two- thirds of all members elected to
the Council having voted in favor of the motion to suspend the rule, the motion
was carried and the rule suspended. The ordinance was then read by the
Qarsarmattitx Mayor ■
Paga 3
•
Alderman 11212 , seconded by Alderman
, moved that the ordinance be adopted. The
TIONEYOUTT
question was put by the Mayor on the adoption of the motion and the roll being
called, the following voted aye: Aldessso• Ni11 Dau
Adair., Wllson, Honeycutt
and the following voted nay: None
Alderman Hill , seconded by Alderman
Ar..e,.att , moved that Section 7 , the emergency
clause, be adopted, and on roll call the following voted aye:
•
Adair. Nilson. Honeycutt
and the following voted nay:
None
The Mayor thereupon declared the ordinance and the emergency clause
adopted and signed the ordinance, which was attested by the City Clerk
and impressed with the seal of the City. The ordinance was given No. 302 .
(Matters not relating to an ordinance authorizing hospital
revenue bonds are omitted.)
There being no further business , the Coun•'1 adjourned
tie dr
M • yor
ATTEST:
City Cyirk
(SEAL)
•
•
•
•
CERTIFICATE
The undersigned, City Clerk of the City of Jacksonville,
Arkansas, hereby certifies that the foregoing pages numbered from 1 to 3, inclu-
sive, are a true and correct copy of excerpts of the minutes of a meeting of the
City Council of Jacksonville , Arkansas, at a regular session held
at the regular meeting place of the Council in the City at 700 p .m. , on
the a day of , 1973, and the time and place of the meeting
was furnished to each person who made a request therefor in accordance with the
provisions of Act No. 93 of the Acts of Arkansas of 1967.
C. y.t4
City C1e9
(SEAL)
•
J
4