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706ORDINANCE NO. 706 AN ORDINANCE AUTHORIZING TIDE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE 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, FOR THE PURPOSE OF PROVIDING PERMA- NENT FINANCING OF THE COST OF SECURING AND DEVELOPING INDUSTRY (THE PARTICULAR INDUSTRIAL PROJECT IS DESCRIBED IN THE ORDINANCE); AUTHORIZING THE EXECUTION AND DE- LIVERY OF A TRUST INDENTURE SECURING THE BONDS; AUTHO- RIZING AND PRESCRIBING OTHER MATTERS PERTAINING TO THE INDUSTRIAL PROJECT, THE CONSTRUC`rll~lG THEREOF AND THE FINANCING THEREOF;, AND DECT.ARING AN EMERGENCY WHEREAS the City of West Memphis, Arkansas (the "City") is authorized by Act No. 9 of the First Extraordinary Session of the Sixty-Second General Assembly of the State of Arkansas , approved January 21, 19 60 , a s amended ("Act No. 9"), to acquire lands, construct and equip manufacturing buildings, improvements and facilities and to incur other costs and expenses and make other expenditures incidental to and for the implementing and accomplishing of the conduct of manufacturing operations; and WHEI:EAS the City is authorized by Act No. 9 to Issue Industrial Development Re-venue Bonds payable from revenues derived from the Industrial Project so acquired and constructed and secured by a lien thereon and security interest therein; and WHEREAS the necessary arrangements have been made with Evans Products Company, a Delaware corporation ("Evans") , fora substantial industrial project consisting of lands, buildings, improvements, machinery, equipment and facilities for an industrial plant which will be utilized for the manufacturing of such products as Evans shall elect to manufacture (the "Project"), and to lease the Project to Evans pursuant to the terms of a Lease and Agreement sub- sequently identified herein and referred to as the "Lease Agreement"; and WHEREAS permanent financing of the Project costs, necessary costs and expenditures incidental thereto and the cost of the issuance of bonds, is being furnished by the City issuing Industrial Development Revenue Bonds under the provisions of. Act No. 9 in the principal amount of One Million Three Hundred Thousand Dollars ($1,300,000) (the "bonds"); and WHEREAS there has been submitted to the electors of the City the question of issuing the bonds at a special election, and at the special election the electors approved the issuance of the bonds; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Memphis, Arkansas: Section 1, That there be, and there is hereby authorized and directed the following: (a) The sale of the bonds; (b) The acquisition and construction of the Project, and in connection therewith, the execution of any necessary architectural, engineering or construction contracts or the acceptance of any assignment of any such contracts previously executed by Evans, for the constructing and equipping of the Project; (c) The performance of all obligations of the City under the Lease Agreement pertaining to the constructing and equipping of the Project and the performance of all obligations of the City under the contracts referred to in (b) above . Section 2. That to provide for the authorization of and to secure Industrial Development Revenue Bonds of the City under Act No. 9 in the total principal amount of $ l , 300, 000 and to prescribe the terms and conditions upon which the bonds are to be secured, executed, authenticated, accepted and held, the Mayor is hereby authorized and directed to execute and acknowledge a Trust Indenture , and the City Clerk is hereby authorized and directed to execute and acknowledge the Trust Indenture and to affix the seal of the City thereto, and the Mayor and City Clerk are hereby authorized and directed to cause the Trust Indenture to be accepted, executed and acknowledged by the Trustee, with the Trust Indenture, which constitutes and is hereby made a part of this Ordinance, to be in substantially the following form, to wit: Section 3. That the Mayor and Clty Clerk, for and on behalf of the City, be, and they are hereby, authorized .and directed to do any and all things necessary to effect the execution of the Trust Indenture, its execution and acceptance by the Trustee, the performance of all obligations of the Clty under and pursuant to the Trust 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 by the Trust Indenture. That the Mayor and the Clty Clerk be, and they are hereby, 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 carrying out of the authority or to evidence the exercise thereof. Section 4. That since there is involved the constructing and equipping of a complex industrial project , requiring specialized work , Evans , in order to maintain its projected production schedule, has taken bids and negotiated a construction contract with Frank A. Rogers and Co. , Inc. This action is hereby authorized and ratified pursuant to the provisions of Act No. 9. Section 5. 'That the Mayor and City Clerk for and on behalf of the City, be and' they are hereby, authorized and directed to take all action, and execute and file all documents, necessary to perfect an election to proceed under Section 103 (c) (6) (D) of the Internal Revenue Code of 1954 to the end of insuring that interest on the bonds is exempt from federal income taxes. Section 6. That the provisions of this Ordinance are hereby declared to be severable, and if any section, phrase or provision shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions. ~. Section 7. That all ordinances, resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 8. That there is hereby found and declared to be an immediate need for. the securing and developing of substantial industrial operations in order to provide additional employment, alleviate unemployment and otherwise benefit the public health, safety and welfare of the City and the inhabitants thereof, and the issuance of the bonds authorized hereby and the taking of the other action authorized herein are immediately necessary in connection with the securing and developing of substantial industrial operations and deriving the public benefits referred to above. It is, therefore, declared that an emer- gency exists and this Ordinance being necessary for the immediate preservation of the public health, safety and welfare shall be in force and take effect immedi- ately upon and after its passage. PASSED December 2, 1971. ATTEST: APPROVED: ~(x _ `:~~ Mayor ~- Clty Clerk (SEAL)