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0921 RESOLUTION NO.~ v / ( a~ WHEREAS, the City of West Memphis, Arkansas (the "City") and The State First National Bank of Texarkana, Texarkana, Arkansas (the "Trustee"), entered into a Trust Indenture dated as of October 1, 1982, recorded in the Office of the Circuit Clerk and Ex-Officio Recorder of Crittenden County, Arkansas, in Book 631 at Page O1 (and following)(the "Original Indenture") pursuant to which there have been issued and under which there are secured the City's Industrial Development Revenue Bonds - Hackney Project, Series 1982, in the principal amount of $3,000,000 (the "Series 1982 Bonds") ; and WHEREAS, issuance of the Series 1982 Bonds is authorized under the Original Indenture in the form of coupon Bonds subject to registration as to principal or as to principal and interest; and WHEREAS, it is the purpose of the First Supplemental Trust Indenture (identified herein below) to supplement the Original Indenture, as provided for in Article XII of the Original Indenture, by further implementing its terms and purposes by authorizing the issuance of Bonds registered as to both principal and interest and without coupons; and WHEREAS, the Series 1982 Bonds were issued to finance the acquisition, construction and equipping of certain industrial facilities, which were leased to Hackney, Inc., a Texas corpora- tion, pursuant to a Lease and Agreement dated as of October 1, 1982 (the "Lease Agreement"), and all obligations of the Lessee thereunder have been assumed by the parent corporation of such ~,,. Lessee, Trinity Industries, Inc., a Texas corporation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. The First Supplemental Trust Indenture, of substantially the form and content set forth as Exhibit A hereto, is approved and the Mayor and City Clerk are hereby authorized and directed to execute and deliver the First Supplemental Trust Indenture on behalf of the City. Section 2. The Mayor and City Clerk are authorized to execute such writings and take such actions as may be necessary or appropriate to implement the purposes of this resolution or to evidence the exercise of their authority under this resolution. Section 3. The provisions of this resolution are sev- erable. Should any term of this resolution be held to be invalid or to be inapplicable to any person or circumstance, such holding shall not affect the validity or applicability of the remainder of the provisions hereof. Section 4. This resolution shall be in effect upon its adoption and approval. 2 CERTIFICATE The undersigned, City Clerk of the City of West Memphis, Arkansas, hereby certifies that the foregoing is a true and compared copy of a resolution passed at a session of the City Council, held at the regular meeting place of the City Council at o'clock _.m. , on the day of 1983. (SEAL) 3 Secretary a i + `.~ RESOLUTION OF TtiE CITY OF 4lEST MEMPHIS ~'1RKANSAS • PRE1~'ACE ~r- SUBJECT: Revenue Bonds - Hackney,'Project -Series 1952 SPONSORED BY: .. '... Alderman Alderman ~ . ,_ Mayor .. . FIRST READING: ~ MONTH. DAY YEAR SECOND READING: MONTH DAY YEAR THIRD READING: MONTH DAY '+.. YEAR .- PUBLISHED: MONTH DAY YEAR DATE OF COUNCIL MINUTES PASSED: MONTH DAY YEAR •