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0075 RESOLUTION NO. / ,fj Y; 7 A RESOLUTION AUTHORIZING THE ISSUANCE OF A PROMISSORY NOTE; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID PROMISSORY NOTE; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY. BE IT RESOLVED 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 City of Jacksonville, Arkansas (called "City ") hereby authorizes and directs the issuance. and delivery of a Revenue Promissory Note in the principal amount of $261,000, to be dated as of the date of deliver, to be due on or before the first day of June 1965, to be number 1 and to bear interest from date until paid at the rate of 4 1/4% per annum. The Revenue Promissory Note shall be in substantially the following form, with substantially the following contents, which form and contents are hereby made a part of this authorizing Resolution: UNITED STATES or AMER/CA 'STATEN' ACAS COUNTY of Pisa CITY OF aACESpNVI,B WATERWORES :AND SEWER REVENUE PROMISSORY NOTE Ros i.,«. 0261,000 ALL M. BY T ZSE PRESENTS: That the City of Jacksonville, Pulaski County,' Arkansas (called "City") acknowledges itself to owe and for value received hereby promises to pay to the order of Stephens, Inc*, Little Rock, Arkansas, solely from revenues derived from the operation of the Waterwworrks and Sever System of the City (the Waterworks and Sewer facilities are operated as one System and are referred to herein as the "System ") the principal sum of TWO FIMED SUETY -ONE MOUSAN0 UOLLARS in lawful money of the United States of America on or before the first day of dune, 1965 and to pey interest hereon at the rate of four and one- fourth per cent (4 1/41) per 'annum from date until paid. Principal and interest shall be payable at the office of Stephens, Inc., Stephens Building, Little Rock, Arkansas, This Revenue Promissory Note is being issued for the purpose of supplying interim financing of a portion of the cost of extensions, betterments and improvements to the System, authorized by Ordinance No, 152 of the Ordinances of the City, adopted and approved on the llth day of June, 1964, the permanent financing of which is to be handled by Waterworks and Serer Revenue Bonds, Series B, dated June 1, 1964, authorized by said Ordinance No* 152 (herein called "Series b Bonds ").. 2 .. • This Note is issued and delivered pursuant to and in full compliance with the Constitution and laws of the State of Arkansas and does not constitute an indebtedness of the City within any constitutional or statutory limitation. The Note is not a general obligation of the City, but. Is a special obligation payable solely front revenues derived from the operation of the System, and the charge and lien of the Note on the revenues of the System is subordinate to the charge and lien of all outstanding Waterworks and Sewer Revenue Bonds of the City, but shall be superior to the charge and lien on said revenues of any Waterworks and sever Revenue Bonds of the City subsequently issued. The City agrees to pay and retire all of this Note out of the proceeds of the Series 8 Bonds of the City, referred to above, when delivered, and in this regard the City agrees to deliver said Series B Bonds prior to the maturity date of this Note. The principal of this Note may be, prepaid, in whole or in part, without penalty prior to the maturity date hereof at a price of par and accrued interest with funds derived from any source. No prior notice of any such prepayment is required. This NOW shall be deemed a negotiable instrument under the laws of the State of Arkansas and are executed with the intent that the laws of the State of Arkansas shall govern the construction thereof. IT IS HERESY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things required to exist, happen and be per- formed precedent to and in the issuance of this Note have existed, have happened and have been performed in due time, form and manner ro a `rytt { �y s r S 1 t s ►'!rIl1 it temp � + iii 0 .: , ti',. it, .. # . w� _ . A .�[ 4. �' C � s _ 7 " e f i` r. � � n ." y s � h ` ' t as: f J f" d p�� ° i;.t t 5 j ,,• a z y ' f § s't x' k 'i 4 P ,5.r , .c+, ..a mt . .. dr 4 ; 4 it ,# .: k i ` a k�,. 4 1 A , £ ar nh t J• ai A y J )1 G i , a'.Y { s ny ■ E 3 n . fi` r. Page 2 Section 2. That the Mayor and City Clerk be, and they are hereby, authorized and directed to execute and deliver said Revenue Promissory Note and to take all action and execute all documents necessary to carry out the authority conferred by this Resolution or to evidence the exercise thereof. Section 3. The proceeds received from said Revenue Promissory Note shall be deposited in the Construction Fund created and being maintained pursuant to the provisions of Section 14 of Ordinance No. 152 of the Ordinances of the City, adopted and approved on the llth day of June, 1964, to be handled and disbursed for the specified purposes and in accordance with the provisions of said Ordinance No. 152. Section 4. That it is hereby ascertained and declared that the lack of adequate Waterworks and Sewer facilities for the City greatly endangers the life, health, welfare and property of the inhabitants thereof, and the proceeds of the Promissory Note authorized by this Resolution are necessary for the construction of needed extensions, betterments and improvements. It is, there- fore, declared that an emergency exists and this Resolution being necessary for the immediate preservation of the public peace, health and safety shall take effect and be in force from and after its passage. PASSED: .-J 3 , 1964. k APPRO as : A 7 Mayo ATTEST: 'City Clerk (SEAL) r .:<••• - CERTIFICATE The undersigned, City Clerk 6f Jacksonville, Arkansas, hereby certifies that the foregoing pages, numbered 1 to 2, in- clusive, are a true, perfect and compared copy of Resolution No. 764.4 passed at a Regular session of the City Council of Jacksonville, Arkansas, held at the regular meeting place of the Council in said City at 700 o'clock P..m. oa°the 3rd day of Beoember , 1964, and that said Resolution is of record in Record Book No. 1 , Page 356 , now in my possession. GIVEN under my hand and seal this 7th` day of December_ , 1964. City Clerk (SEAL)