ORD NO 27-1973WHEREAS in order to make the necessary provision for the permanent
financing of the costs of acquiring, constructing and equipping the Project and the
expenses of authorizing and issuing bonds, the City proposes to authorize not
to exceed Five Million Dollars ($5,000,000) in principal amount of bonds
(the "bonds under the provisions of 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 "Act No. 9 to be issued in series
from time to time; and
WHEREAS the purpose of this Ordinance -is to submit to the electors
of the City at a special election called for that purpose the question of
AN ORDINANCE CALLING A SPECIAL ELECTION TO VOTE
UPON THE QUESTION OF ISSUING BONDS UNDER THE
PROVISIONS OF 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 FURNISHING THE
PERMANENT FINANCING OF THE COST OF SECURING AND
DEVELOPING INDUSTRY (THE PARTICULAR INDUSTRIAL
PROJECT IS DESCRIBED IN THE ORDINANCE); PRESCRIBING
OTHER MATTERS RELATING THERETO; AND DECLARING AN
EMERGENCY.
1 i
WHEREAS S H, Inc., an Arkansas corporation ("5 &.H
has proposed a substantial industrial project which will furnish employment
and payrolls and otherwise result in public benefits, all in the best interest
of the City of Van Buren, Arkansas (the "City and its citizens and inhabitants; and
WHEREAS the proposed industrial project will consist of lands, buildings,
improvements, machinery, equipment and related facilities (the "Project and
authorizing the issuance of the bonds;
ORDINANCE NO. 17- f7 3
-2—
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Van Buren, Arkansas;
Section 1 .That a special election be, and same is hereby,
called to be held in the City on January 1
1974, at which election
there will be submitted to the electors of the City the question of authorizing
Industrial Development Revenue Bonds under Act No 9 in an amount
not to exceed $5,000,000 for the purpose of furnishing permanent financing
of the costs of securing and developing industry (the particular industrial
project is described above) The bonds will be dated, will bear interest
at the rate or rates, the interest will be payable on such dates, the bonds
will mature on such date or dates, the bonds will be subject to redemption
prior to maturity in such manner and upon such terms, and the bonds will be
issued in series from time to time, all as the City Council
shall subsequently determine ordinance or ordinances
the issuance of the bonds.
Section 2. That the question shall be placed on the ballot for the
election in substantially the following form:
authorizing
L
r
e
F
'I i1
-3-
Vote on measure by placing an "X" in the square above
the measure either FOR or AGAINST:
FOR the issuance of Industrial Development Revenue Bonds by
the City of Van Buren, Arkansas in the ag.gregate principal
amount d not to exceed $5,000,000
AGAINST the issuance of Industrial Development Revenue Bonds
by the City of Van Buren, Arkansas, in the aggregate principal
amount of not to exceed $5,000,000
It is proposed to authorize City of Van Buren. Arkansas "City")
Industrial Development Revenue Bonds "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 "Act No. 9 in the aggregate principal amount of
not to exceed $5,000,000 for the purpose of furnishing the
permanent financing of the costs of securing and developing
industry. The bonds will be dated, the bonds will bear interest
at such rate or rates, the interest will be payable on such dates,
the bonds will mature on such date or dates, the bonds will be
subject to redemption prior to maturity in such manner and upon
such terms, and the bonds will be issued in series from time to
time, all as the City Council shall subsequently determine and
specify in the ordinance/or ordinances authorizing their issuance.
The proposed industrial project will consist of lands, buildings,
improvements, machinery, equipment and related facilities (the
"Project and the proceeds of the bonds will be sufficient to pay Project
costs and expenses of issuing the bonds. The Project will be
owned by the City and will be leased to S H, Inc. an Arkansas
corporation "5 H for lease rentals sufficient to provide for
the payment of the principal of and interest on the bonds. The
bonds will not be general obligations of the City but will be
special obligations payable solely from Project revenues, includ-
ing particularly lease rentals under the .Lease and Agreement
with S H,:which will be specifically pledged to the payment
of the principal of and interest on the bonds, and the bonds will
be secured by a lien on and security interest in the Project as
authorized by Act No. 9.
^�f
1
Sects 3 That the election shall be held and conducted and
the vote canvassed and the results declared under the law and In the
manner provided for municipal elections, so far as the same may be
applicable, and the Mayor of the City shall give notice of such election
by an advertisement published once a week for four consecutive weeks in
a newspaper having a bond fide circulation in the City, with the last
'publication to be not less than ten days prior to the date of the election,
and only qualified electors of the City shall have the right to vote at the
it
election.
Section 4. That the results of the election shall be proclaimed
by the Mayor and his proclamation shall be published one time in a news-
paper having a bond fide circulation in the City, which proclamation shall
advise that the results as proclaimed shall be conclusive unless attacked
in the courts within thirty days after the date of the proclamation.
Section 5• That a copy
of this Ordinance shall be furnished to the
election officials and supplies may be provided.
Section 6. That there is hereby found and declared to e an
immediate need for the securing and developing of industry in order to provide
additional employment, increased payrolls, alleviate unemployment and provide
other benefits incidental thereto, and the issuance of the bonds referred to in
this Ordinance is essential to accomplishing those public benefits. 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.
Crawford County Board of Election Commissioners so that the necessary
ATTEST:
City Clerk
PASSED:
December 10
1973.
APPROVED:
4
4
of the Council in the City at
1973, and that the Ordinance
at Page
CERTIFICATE
I, the undersigned, City Clerk of the City
•hereby certify that the foregoing pages numbered 1
and compared copy of an ordinance passed at a
the City Council of Van Buren, Arkansas, held at the regular meeting place
of Van Buren, Arkansas,
through 4: are a true
session of.
.7_13.2_..2_.m. on the 10th day of Dec�e_
is of record in Ordinance Record Book No.
now in my possession.
GIVEN under my hand the seal of the City this 11th day of Dec emer, 1973.