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employment and payrolls and will thereby secure and develop industry within and near the <br /> 4 City. <br /> Section 2. The issuance of the Bonds in the aggregate principal amount of <br /> $100,000,000, or such lesser amount as shall be requested by the Company, is hereby <br /> authorized. The Bonds shall be designated "City of Batesville,Arkansas Taxable Industrial <br /> Development Revenue Bonds (Scroll Compressors LLC Project), Series 2008." The Bonds <br /> shall bear interest at the lesser of the rate of 6% per annum or the maximum rate per <br /> annum permitted by Amendment No. 60 to the Arkansas Constitution, and shall mature in <br /> the year 2038, which terms are recommended by the Company. The Bonds shall be in the <br /> forms and denominations, shall be numbered, shall be dated, and shall be subject to <br /> redemption prior to maturity all upon the terms and conditions recommended by the <br /> Company and set forth in the Indenture. <br /> Section 3. The Bonds shall be sold to the Company or its designee forthe <br /> purchase price of 100% of par, which price is recommended by the Company. <br /> Section 4. To prescribe the terms and conditions upon which the Bonds <br /> are to be executed, authenticated, issued, accepted, held and secured, the Mayor and City <br /> Clerk are hereby authorized and directed to execute, acknowledge and deliver the <br /> Indenture for and on behalf of the City. The Indenture is hereby approved in substantially <br /> the form submitted to this meeting, and the Mayor is hereby authorized to confer with the <br /> Trustee and others in order to complete the Indenture in substantially the form submitted to <br /> this meeting with such changes as shall be approved by such persons executing the <br /> document, their execution to constitute conclusive evidence of such approval. <br /> Section 5. There is hereby authorized the execution and delivery of the <br /> Lease Agreement, and the Mayor and City Clerk are hereby authorized to execute, <br /> acknowledge and deliver the Lease Agreement for and on behalf of the City. The Lease <br /> Agreement is hereby approved in substantially the form submitted to this meeting, and the <br /> Mayor is hereby authorized to confer with the Company and others in order to complete the <br /> Lease Agreement in substantially the form submitted to this meeting with such changes as <br /> shall be approved by such persons executing the document, their execution to constitute <br /> conclusive evidence of such approval. <br /> Section 6. There is hereby authorized the execution and delivery of the <br /> PILOT Agreement, and the Mayor is hereby authorized to execute and deliver the PILOT <br /> Agreement for and on behalf of the City. The PILOT Agreement is hereby approved <br /> substantially the form submitted to this meeting, and the Mayor is hereby authorized to <br /> confer with the Company and others in order to complete the PILOT Agreement in <br /> substantially the form submitted to this meeting with such changes as shall be approved by <br /> such persons executing the document, their execution to constitute conclusive evidence of <br /> such approval. <br /> Section 7. The issuance and sale of the Bonds are an exceptional situation <br /> in which the City has no responsibility for payment of the costs and expenses thereof, all of <br /> which are payable by the Company, and the Company's recommendations with respect <br /> thereto are acceptable to the City. Therefore, pursuant to applicable laws of the State of <br /> Arkansas, including the Act, competitive bidding is hereby waived. <br /> Section 8. The Mayor and City Clerk, for and on behalf of the City, are <br /> hereby authorized and directed to do any and all things necessary to effect the execution <br /> and delivery of the documents herein authorized and the performance of all obligations of <br /> the City thereunder, the issuance, execution, sale and delivery of the Bonds, and the <br />