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0169 • ORDINANCE NO. I1 /1 AN ORDINANCE CALLING A SPECIAL ELECTION TO VOTE UPON TEE QUESTION OF ISSUING GENERAL OBLIGATION INDUSTRIAL DEVELOPMENT BONDS UNDER THE PROVISIONS OF AMENDMENT NO. 49 TO TEE CONSTITUTION OF THE STATE OF ARKANSAS FOR TILE PURPOSE OF FURNISHING A PORTION OF THE PERMANENT FINANCING OF THE COST OF SECUR- ING AND DEVELOPING INDUSTRY (TIE PARTICULAR PROJECT IS DESCRIBED IN THE ORDINANCE); PRE - SCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY WHEREAS arrangements have been made with Controls Company of America (called "Controls Company ") for the location of a substantial industrial project which will furnish employment, payrolls, alleviate unemployment, and otherwise result in public benefits, all in the best interests of the City of Jacksonville, Arkansas (called "City ") and its citizens and inhabitants, and all of which will further the purposes of Amendment No. 49 to • the Constitution of the State of Arkansas (called "Amendment No. 49 "); and WHEREAS the proposed industrial project will consist of the acquisition by the City of lands and improvements, the construction of buildings, improvements, and facilities on a portion of the land and the installation of machinery, equipment and facilities therein, which will be operated as a manufacturing plant for manufacturing electrical products and such other products as Controls Company shall determine to manufacture, and the development and utilization (including sale where necessary) of the remaining portion of the lands and improvements for the secur- ing and developing of industry (all of which will be sometimes referred to as the "Industrial Project "); and Page 2 WHEREAS in order to make the necessary provision for the permanent financing of Project costs, expenses and expenditures in connection therewith and in connection with the financing, the City has determined to issue, subject to the approval of its electors, General Obligation Industrial Development Bonds under Amendment No. 49 in the principal amount not to exceed Three Hundred Thousand Dollars ($300,000) and Industrial Development 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 (called "Act No. 9 in the principals amount not to exceed Three Million Dollars ($3,000,000); and WHEREAS the purpose of this Ordinance is to submit the question of the issuance of the General Obligation Industrial Development Bonds under Amendment No. 49 to the electors of the City at a special election called for that purpose; NOW, THEREFORE, BE IT ORDAINED by the City 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 15th day of February, 1966, at which election there will b'e submitted to the electors of the City the question of issuing General Obligation Industrial Development Bonds under Amendment No. 49 in an amount not to exceed Three Hundred Thousand Dollars ($300,000) for the purpose of furnishing a portion of the permanent financing of the cost of securing and developing industry (the particular industrial project is described above). The Amendment No. 49 Bonds will be 1 Page 3 dated February 1, 1966 and interest thereon will be payable semi- annually on February 1 and August 1 of each year commencing August 1, 1966 at a rate or rates to be hereafter determined, and with the bonds to mature on February 1 of each year as follows, but to be callable for payment prior to maturity upon such terms as shall be specified in the Ordinance authorizing the issuance of the bonds and in the face of the bonds: • Page .4 YEAR AMOUNT 1969 $ 5,000 1970 6,000 1971 6,000 1972 7,000 1973 7,000 1974 7,000 1975 8,000 1976 8,000 1977 8,000 1978 8,000 1979 9,000 1980 9,000 1981 9,000 • 1982 10,000 1983 10,000 1984 11,000 1985 11,000 • 1986 12 1987 12,000 1988 13,000 1989 13,000 1990 14,000 1991 14,000 1992 15,000 1993 16,000 1994 17,000 1995 17,000 1996 18,000 Section 2. That the questions shall be placed on the ballot for the special election in substantially the following form: • Vote on measure by placing an "X" in the square above the measure either for or against: FOR the issuance of General Obligation Industrial Development Bonds under Amendment No. 49 in the - principal amount of not to exceed $300,000. . / AGAINST the issuance of General Obligation In- dustrial Development Bonds under Amendment No.49 in the principal amount not to exceed $300,000. .t/ • Page 5 • It is proposed to issue City of Jacksonville, Arkansas (called "City ") General Obligation Industrial Development Bonds under Amendment No. 49 to the Constitution of the State of Arkansas in the principal amount of not to exceed 300 000 ( called "Amendment No. 49 Bonds ") for the purpose of furnishing a por- tion of the permanent financing of the costs of securing and developing industry. The Amend- ment No. 49 Bonds will be dated February 1, 1966, and will mature annually on February 1 in each of the years 1969 to 1996, inclusive. The pro- • posed Industrial Project will consist of the acquisition by the City of lands and improvements, the construction of buildings, improvements and facilities on a portion of the land and the installation of machinery, equipment and facil- ities therein, which will be operated as a manu- facturing plant for manufacturing electrical products and such other products as Controls Company shall determine to manufacture, and the development and utilization (including sale where necessary) of the remaining portion of the lands and improvements for the securing and developing of industry (all of which will be sometimes re- ferred to as the "Industrial Project "). The proceeds of the Amendment No. 49 Bonds will be used with the proceeds of an issue of Industrial Development Revenue Bonds by the City 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 permanent financing of the Project costs, expenses and expenditures in con- nection therewith and in connection with the financing. If the electors approve the issuance of the Amendment No. 49 Bonds, there will be levied and collected a continuing annual tax of three and one -half (3 -1/2) mills on the dollar of the assessed valuation of the taxable real and personal property in the City for the purpose of providing for the payment of the principal of and interest on the Amendment No. 49 Bonds, which tax will be pledged to the payment of the Amendment No. 49 Bonds, but provision will be made for the suspension of the collection of all or a portion of said tax in any year for which other revenues are available for application to the payment of maturing principal of and interest on the Amendment No. 49 Bonds (the details of which suspension will be Page 6 spelled out in the Ordinance of the City authorizing the issuance of the Amendment No. 49 Bonds). The Amendment No. 49 Bonds will not be secured by a pledge of or lien on the Industrial Project or revenues derived therefrom. In this regard the Controls Pro- ject will be leased to Controls Company for • rentals sufficient to pay the principal of and interest on the Act No. 9 Bonds and said rentals will be used for that purpose. The Amendment No. 49 Bonds will be sold at public sale and may be sold with the privilege of conversion to an issue bearing a lower rate or rates of interest. Section 3. That the election shall be held and con- dieted and the vote canvassed and the results declared under the law and in the manner now or hereafter 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 (10) 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 said question. In this regard, inas- much as the City is calling a special election on the same day on the question of issuing Industrial Development Revenue Bonds under Act No. 9, the question of issuing said Amendment No. 49 Bonds and said Act No. 9 Bonds may be combined on one ballot. Section 4. That the results of said 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 pro- claimed shall be conclusive unless attacked in the courts within thirty (30) days after the date of such proclamation. Page 7 Section 5. That the Mayor is authorized to advertise, according to the terms of Amendment No. 49, the public sale of the proposed bonds. Section 6. That a copy of this ordinance shall be given to the Pulaski County Board of Election Commissioners so that the necessary election officials and supplies may be pro- vided. Section 7. That there is hereby found and declared to be an immediate need for the securing and developing of in- dustry in order to provide employment, alleviate unemployment and supply increased payrolls and other benefits incidental to the establishment and operation of a substantial industry, which industry can be secured only by the issuance of the above des - s cribed bonds. 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: .,uu, „A , 1966. AP's -.Y D: ASS /�� �r �/�lG�C '` n layer ATTEST: 412e le dl:f � City C3ixk (SEAL) ti C E R T I F I C A T E The undersigned, City Clerk of Jacksonville, Arkansas, hereby certifies that the foregoing pages numbered 1 to 7, inclusive, are a true and compared copy of an Ordinance passed at a B . session of the City Council of Jacksonville, Arkansas, held at the regular meeting place of the Council, in said City at 7 :30 o'clock P. on the 6 th day of January , 1966, and that said Ordinance is of record in Ordinance Record Book 1 at page 113 b , now in my possession. GIVEN under my hand and seal this 7th day of January , 1966. Ci y Clerk (SEAL) •