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ORD NO 50-1976 ORDINANCE NO Z AN ORDINANCE AUTHORIZING A SALE AGREEMENT BY AND BETWEEN THE CITY OF VAN BUREN, ARKANSAS, AND DIAMOND SHAMROCK CORPORATION IN CONNECTION WITH THE ISSUANCE OF CERTAIN POLLUTION CONTROL REVENUE BONDS OF THE CITY DESIGNATED CITY OF VAN BUREN, ARKANSAS POLLUTION CONTROL REVENUE BONDS (DIAMOND SHAMROCK PROJECT), SERIES 1976, IN SUBSTAN- TIALLY THE CONTENTS SET FORTH IN AND MADE A PART OF THIS ORDINANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF THE SALE AGREEMENT; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY. BE IT ORDAINED by the City Council of the City of. Van Buren, Arkansas: Section 1. That there be, and there is hereby authorized the execution and delivery of a Sale Agreement in connection with the issuance of certain Pollution Control Revenue Bonds of the City designated City of Van Buren, Arkansas Pollution Control Revenue Bonds (Diamond Shamrock Project), Series 1976 (the "Pollution Sale Agreement between the City of Van Buren, Arkansas (the "City and Diamond Shamrock Corporation, a Delaware corporation "Diamond Shamrock in substantially the form and with substantially the contents hereinafter set forth, and the Mayor and City Clerk be, and they are hereby authorized to execute, acknowledge and deliver the Pollution Sale Agreement for and on behalf of the City. The form and contents of the Pollution Sale Agreement, which are hereby approved and which are made a part hereof, shall be substantially as follows:. Section 2. That the Mayor and City Clerk be, and•they are hereby, authorized and directed, for and on behalf of the City, to do all things, execute all instruments and otherwise take all action necessary to the realization of the City's rights and to the discharge of the City's obligation under the Pollution Sale Agreement. Section 3. 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 and provisions. Section 9. That all ordinances and parts thereof in conflict here- with are hereby repealed to the extent of such conflict. Section 5. That there is hereby found and declared to be an immediate need for the securing and developing of industry in order to provide additional employment and increased payrolls, alleviate unemployment and provide other benefits incidental to the operation of a substantial industry, and the execution and delivery of the Pollution Sale Agreement authorized by this Ordinance are necessary for the accomplishment of these public benefits and purposes. 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: November 15 1976. APPROVED: ATTEST: S ice. layor: Li" City Clerk (SEAL) CERTIFICATE The undersigned, City Clerk of Van Buren, Arkansas, hereby certifies that the foregoing pages are a true, correct and compared copy of Ordinance No. 50 -1976 of the City of Van Buren, Arkansas, passed at a special session of the City Council of Van Buren, Arkansas, held at the regular meeting place of the Council at 7 :30 o'clock P .m., on the 15th day of November 1976, and that the Ordinance is of record in Ordinance Record Book No. at Page now in my possession. GIVEN under my hand and the seal of the City this 15th day of November 1976. City Clerk (SEAL.)