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0199 - ORDINANCE NO, , AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF CERTIFICATES OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING FUNDS IMMEDIATELY NEEDED FOR PUBLIC IMPROVEMENTS; PROVIDING FOR THEIR PAYMENT; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY. WHEREAS, the electors of the City of Jacksonville, Arkansas (called "City "), at an election duly called and held on December 12, 1967, under the provisions of Amendment No. 13 to the Constitution of the State of Arkansas, have approved the issuance of $425,000 in principal amount of various purpose General Obligation Refunding and Improvement Bonds; and WHEREAS, the City is proceeding forthwith with the necessary steps to sell and deliver the bonds; and WHEREAS, an .immediate need exists for $82,000 in principal amount in order to make certain payments for a portion of the authorized purposes, which, if made at this time will result in considerable savings to the City; and WHEREAS, the City has made the necessary arrangements to obtain the needed funds by issuing Certificates of Indebtedness to be retired out of the proceeds of the bonds as soon as they can be sold and delivered; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Jacksonville, Arkansas: Section 1. That under the authority of the Constitution and laws of the State of Arkansas, the Mayor and City Clerk be, and they are hereby, authorized for and on behalf cf the City to execute, affix the seal of the City thereto, and deliver Certificates of Indebtedness in the aggregate principal amount of not to exceed $82,000. The Certificates of Indebtedness may be delivered at one time or from time to time, shall be in such denominations, each shall be dated as of the date of its delivery, and shall bear interest at the rate of 4.9% per annum. The principal of all of the Certificates of Indebtedness shall be due four (4) months from date of delivery unless sooner • prepaid The Certificates of Indebtedness shall be in substantially the following form with substantially the following contents, the form and contents being made a part of this authorizing Ordinance, towit: CERTIFICATE OF INDEBTEDNESS No. Jacksonville, Arkansas , 1968 FOR VALUE RECEIVED, the City of Jacksonville, Arkansas (called "City "), hereby promises to pay to bearer the sum of DOLLARS four (4) months from the date of the delivery hereof, with interest from date until paid at the rate of 4.9% per annum. Principal and interest shall be pay- able at the office of Stephens, Inc., Little Rock, Arkansas. This Certificate of Indebtedness is one of an issue of Certificates of Indebtedness aggregating $82,000 in principal amount, issued and delivered under the provisions of the Constitution and laws of the State of Arkansas, for the purpose of financing a portion of the cost of public improvements authorized by the electors of the City at an election duly called and held on the 12th day of December, 1967, under the provisions of Amendment No. 13 to the Constitution of the State of Arkansas. The City is proceeding forthwith to sell and deliver various purpose General Obligation Refunding and Improvement Bonds in the principal amount of $425,000 (authorized by the electors at the above - referred to election), and the City covenants that it will use as soon as available that portion of the proceeds derived from the sale of the bonds necessary to retire in full (principal and accrued interest) all of the outstanding Certificates of Indebtedness. Until paid, the Certificate of Indebtedness shall enjoy the same security, including particularly a pledge of the proceeds of the special tax levied under Amendment No. 13 in the amount necessary to insure the pay- ment, principal and interest, of the Certificates when due. The City reserves the right to prepay all or any part of the principal of this Certificate without penalty on any date. Section 2, The City agrees that the proceeds of the Certificates shall be deposited in a special account or accounts of the City in a bank or banks that are members of the Federal Deposit Insurance Corporation, and shall be expended solely for the payment of the cost of the public improve- ments authorized by the electors on the 12th day of December, 1967. Section 3. That the provisions of this Ordinance are hereby declared to be separable and if any section, phrase or provision shall for any reason be declared to be invalid, such declaration shall not affect the remainder of the sections, phrases and provisions. Section 4, That is is hereby ascertained and declared that there is an immediate need for the public improvements without which the public health, safety and welfare of the citizens of the City are in jeopardy and that the im- provements can be accomplished only by the issuance of the Certificates authorized by this Ordinance. It is, therefore, declared that an emergency exists and this Ordinance being necessary for the preservation of the public health, safety and welfare shall be in force and take effect immediately upon its passage. PASSED: APPROVED: r, ATTEST: - Mayeir City Clerk (SEAL) • • This Certificate of Indebtedness shall be deemed a negotiable instrument under the laws of the State of .Arkansas and is executed with the intent that the laws of the State of Arkansas shall govern its construction. 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 Certificate have existed, have happened and have been performed in due time, form and manner as required by law. IN WITNESS WHEREOF, the City of Jacksonville, Arkansas, by its City Council, has caused this Certificate to be executed by the Mayor and City Clerk and sealed with the corporate seal of the City, as of the date above set forth . CITY OF JACKSONVILLE, ARKANSAS ATTEST: By , Mayor City Clerk (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 an Ordinance passed and approved at a — session of the City • • Council of Jacksonville, Arkansas, held at the regular meeting place of the Council at o'clock 5 MI., o n the -•••;- day of 19 and that said Ordinance is of record in the record books of the City in Book .1 Page , now in my possession. GIVEN under my hand and seal this , . day of X , 19_4. City Clerk (SEAL) •