HomeMy WebLinkAbout2025-01-8833ORDINANCE NO. 2025-01-8833
AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY AUTHORIZING
THE ISSUANCE OF ITS CITY OF PADUCAH, KENTUCKY GENERAL
OBLIGATION BONDS, SERIES 2025A IN AN APPROXIMATE AGGREGATE
PRINCIPAL AMOUNT OF $27,820,000 (WHICH PRINCIPAL AMOUNT MAY
BE INCREASED BY UP TO $2,785,000 OR DECREASED BY ANY AMOUNT),
FOR THE PURPOSES OF FINANCING THE ALL OR A PORTION OF THE
COSTS OF THE ACQUISITION, CONSTRUCTION, INSTALLATION, AND
EQUIPPING OF (I) RIVERFRONT INFRASTRUCTURE IMPROVEMENTS,
AND (II) A MUNICIPAL SPORTS PARK COMPLEX; APPROVING THE
FORM OF THE BONDS; AUTHORIZING DESIGNATED OFFICERS OF THE
CITY TO EXECUTE AND DELIVER THE BONDS; AUTHORIZING AND
DIRECTING THE FILING OF A NOTICE WITH THE STATE LOCAL DEBT
OFFICER; PROVIDING FOR THE PAYMENT OF AND SECURITY FOR THE
BONDS; ESTABLISHING A BOND PAYMENT FUND FOR THE BONDS;
AFFIRMING THE MAINTENANCE OF THE EXISTING SINKING FUND;
AUTHORIZING THE ACCEPTANCE OF THE BID OF THE PURCHASER OF
THE BONDS; AND REPEALING INCONSISTENT ORDINANCES.
WHEREAS, the City of Paducah, Kentucky (the "City"), has determined and does hereby
confirm that it is a public purpose of the City to acquire, construct, equip, and install (i) riverfront
infrastructure improvements, including (a) a riverboat excursion pier and plaza, (b) riverfront
improvements along existing transient boat dock facilities, (c) intersection improvements, and (d)
a multimodal pathway connecting the Greenway Trail, Convention Center, Riverfront, and
Downtown Paducah, and (ii) a new municipal sports park complex, all for the ultimate well-being
and benefit of the citizens of the City (collectively, the "Project'); and
WHEREAS, in order to achieve the foregoing objectives of the City, the City has determined
and does hereby confirm that it is necessary and desirable at this time for the City to proceed with the
issuance of its General Obligation Bonds, Series 2025A, in an approximate aggregate principal amount
of $27,820,000, which principal amount may be increased by up to $2,785,000 or decreased by any
amount (the "Bonds"), (i) to finance or reimburse itself for the payment of all or a portion of the costs
of the acquisition, construction, installation, and equipping of the Project, (ii) to pay capitalized interest
on the Bonds, if desirable, (iii) to pay all or a portion of the costs of credit enhancement for the Bonds,
if any, and (iv) to pay all or a portion of the costs of issuance of the Bonds; and
WHEREAS, as provided by the Constitution and laws of the Commonwealth of Kentucky,
including, particularly, Sections 66.011 to 66.191, inclusive, of the Kentucky Revised Statutes, as
amended (the "Act'), a city may issue bonds, subject to the requirements of the Act, for the purposes
of financing the costs of any public project, to the extent the city is authorized to cause the acquisition,
construction, installation, and equipping thereof; and
WHEREAS, the City desires (i) to finance, or to reimburse itself for, the payment of all or a
portion of the costs of the Project, (ii) to pay capitalized interest on the Bonds, if desirable, (iii) to pay
all or a portion of the costs of credit enhancement for the Bonds, if any, and (iv) to pay all or a
portion of the costs of issuance of the Bonds, all through the issuance of the Bonds, which are to be
sold and awarded to the successful bidder therefor (the "Purchaser"), at a public, competitive sale
held in accordance with the provisions of Chapter 424 of the Kentucky Revised Statutes, as
amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY,
AS FOLLOWS:
Section 1. Affirmation of Recitals. It is hereby found, determined, and declared that the
facts, recitals, declarations, and definitions set forth in the preamble of this Bond Ordinance are true
and correct, and such facts, recitals, declarations, and definitions are hereby affirmed, adopted, and
incorporated as a part of this Bond Ordinance, and all acts described in the recitals of this Bond
Ordinance are hereby ratified.
Section 2. Necessity, Authorization, and Pumose of Bonds. The City hereby declares that
it is necessary and desirable to issue, and hereby authorizes the issuance of, its "City of Paducah,
Kentucky General Obligation Bonds, Series 2025A," in an approximate aggregate principal amount
of $27,820,000, which principal amount may be increased by up to $2,785,000 or decreased by any
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Fund established by Section 11 hereof, for the registered owners of the Bonds to be redeemed, (a) the
Bonds so called for redemption shall become and be due and payable at the redemption price provided
for the redemption of such Bonds on such date, (b) the interest on the Bonds so called for redemption
shall cease to accrue, and (c) the registered owners of the Bonds so redeemed shall have no right in
respect thereof, except the right to receive payment of the redemption price thereof.
Notwithstanding the foregoing, the redemption of any of the Bonds may be conditioned upon
moneys in an amount sufficient to carry out such redemption being deposited with the Paying Agent
and Registrar on or before the applicable redemption date. Any failure to make such a deposit shall
not constitute an event of default under this Bond Ordinance or under the Bonds, and in such event,
the redemption shall be cancelled. If the City knows in advance of any applicable redemption date
that the necessary deposit will not occur, it shall instruct the Paying Agent and Registrar to give notice
to the registered owners of the applicable Bonds of the cancellation of the redemption.
Section 4. Execution and Deliverv. Each Bond shall be duly executed by the manual,
facsimile, or electronic signature of the Mayor and attested by the manual, facsimile, or electronic
signature of the City Clerk (which, together with any other person as may be authorized by resolution
or municipal order of the City, including the Finance Director, are referred to herein as the
"Designated Officers") and may have the seal of the City or a facsimile thereof affixed thereto. In
addition, each Bond shall also bear the manual authenticating signature of an authorized
representative of the Paying Agent and Registrar. The Designated Officers are further authorized and
directed (a) to deliver the Bonds to the Purchaser, upon the terms and conditions provided herein and
in the Award Certificate and the Bid; (b) to receive the proceeds of the Bonds, and (c) to execute and
deliver such certificates and other closing documents and take such other actions as may be necessary
or appropriate in order to effectuate the proper issuance, sale, and delivery of the Bonds.
The City hereby authorizes and directs the Paying Agent and Registrar to authenticate each
of the Bonds and to deliver the Bonds to the Purchaser upon the payment of the purchase price thereof.
Section 5. Registration. So long as any Bonds issued hereunder remain outstanding, the
Paying Agent and Registrar shall keep and maintain, at its designated office, complete registration
books for the Bonds and shall also provide for the registration and transfer of the Bonds in accordance
with the provisions of this Bond Ordinance. Each Bond shall be authenticated by the Paying Agent
and Registrar. Except as may be otherwise provided herein for any Bonds registered in Book -Entry
Form in the name of the Securities Depository or Securities Depository Nominee, each Bond shall
be transferable only upon the presentation and surrender thereof at the designated office of the Paying
Agent and Registrar, duly endorsed for transfer or accompanied by an assignment duly executed by
the registered holder of such Bond or its authorized representative. Upon the receipt of any Bond duly
endorsed for transfer or accompanied by an assignment for transfer executed by the registered holder
of such Bond or its authorized representative, the Paying Agent and Registrar shall transfer such Bond
within a period of three days by reissuing such Bond, duly executed by the City and authenticated by
the Paying Agent and Registrar, and delivering the same to the new registered holder thereof, with all
reasonable diligence.
The Paying Agent and Registrar shall not be required to transfer or exchange any of the Bonds
(a) during any period beginning five days before the selection by the Paying Agent and Registrar of
any Bonds to be redeemed before maturity and ending on the date of the mailing of the notice of such
redemption, or (b) if such Bonds have been selected or called for redemption, in whole or in part.
Except as may be otherwise provided herein for any Bonds registered in Book -Entry Form
in the name of the Securities Depository or the Securities Depository Nominee, each Bond shall be
exchangeable upon the presentation and surrender thereof at the designated office of the Paying Agent
and Registrar for one or more Bonds of the same series and maturity, in denominations of $5,000 or
any integral multiple thereof, in an aggregate principal amount equal to the unpaid principal amount
of the Bond presented for exchange. The Paying Agent and Registrar shall be, and is hereby, authorized
to authenticate and deliver any Bonds delivered in exchange in accordance with this Section. Each
Bond delivered in exchange for a surrendered Bond shall constitute an original contractual obligation
of the City and shall be entitled to the benefits and security hereof, to the same extent as the Bond
or Bonds in lieu of which any Bond is delivered in exchange. Any Bonds surrendered for exchange
shall be canceled by the Paying Agent and Registrar, and the Paying Agent and Registrar shall keep
and maintain a complete record of all exchanges, transfers, and cancellations of the Bonds and shall
make a report thereof to the City on not less than an annual basis.
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Except as may be otherwise provided herein for any Bonds registered in Book -Entry Form in
the name of the Securities Depository or Securities Depository Nominee, no service charge or other
transfer fee shall be charged to any registered holder of the Bonds in connection with any transfer or
exchange of a Bond; provided, however, that the registered holder of a Bond may be required to pay
an amount equal to any tax or other governmental charge, if any, that may be imposed in connection
with the transfer or exchange of such Bond.
Section 6. Destruction of Bonds. Whenever any outstanding Bond shall be delivered to
the Paying Agent and Registrar for cancellation in accordance with this Bond Ordinance, upon the
payment of the principal amount or interest represented thereby or for replacement or exchange, as
the case may be, such Bond, following such payment, replacement, or exchange, shall thereafter be
promptly canceled and destroyed by the Paying Agent and Registrar, and counterparts of a certificate
of destruction evidencing such destruction shall be furnished by the Paying Agent and Registrar to
the City. All Bonds that have been redeemed shall not be reissued but shall be canceled and destroyed
by the Paying Agent and Registrar in accordance with this Section and the Paying Agent and Registrar
Agreement to be entered into by and between the City and the Paying Agent and Registrar, as more
particularly described in the Award Certificate.
Section 7. Mutilated, Lost, Stolen, or Destroyed Bonds. If any Bond is mutilated, lost,
stolen, or destroyed, then the City may execute and deliver, and the Paying Agent and Registrar may
authenticate, a new Bond of like series, date, maturity, and denomination as the Bond so mutilated,
lost, stolen, or destroyed; provided, however, that in the case of any mutilated Bond, such Bond shall
first be surrendered to the Paying Agent and Registrar, and in the case of any lost, stolen, or destroyed
Bond, there shall be first furnished to the City and the Paying Agent and Registrar evidence of such
loss, theft, or destruction satisfactory to them, plus such indemnity as the City and the Paying Agent
and Registrar may require. If any mutilated, lost, stolen, or destroyed Bond shall have matured, in lieu
of issuing a duplicate Bond, the City may pay the same without surrender thereof. The City and the
Paying Agent and Registrar may charge the holder or owner of any mutilated, lost, stolen, or destroyed
Bond their reasonable fees and expenses incurred in the undertaking of any action under this Section.
Section 8. Bonds Issued In Book -Entry Form. The Bonds shall initially be issued solely
in Book -Entry Form and registered in the name of the Securities Depository or Securities Depository
Nominee, as provided in this Section. Unless and until the Bonds are no longer issued in Book -Entry
Form, as provided herein, the Bonds shall be registered in the name of the Securities Depository or
the Securities Depository Nominee, and ownership of the Bonds shall be maintained in Book -Entry
Form by the Securities Depository, for the account of its Participants. Initially, the Bonds shall be
registered in the name of Cede & Co., as nominee of The Depository Trust Company, which shall
be the initial Securities Depository. The Designated Officers are each hereby authorized to approve
and execute, on behalf of the City, a letter of representations or any other appropriate instrument with
The Depository Trust Company (to which the Paying Agent and Registrar may also be a party) with
respect to the issuance and administration of the Bonds in Book -Entry Form.
Unless and until the Bonds are no longer issued in Book -Entry Form, as provided herein, the
Bonds may be transferred, in whole but not in part, only to the Securities Depository, the Securities
Depository Nominee, any successor Securities Depository selected and approved by the City, or any
Securities Depository Nominee nominated by any such successor Securities Depository.
As to any Bond, the person in whose name such Bond shall be registered shall be the registered
holder and the absolute owner thereof for all purposes, and payment of or on account of the principal
of and interest on such Bond shall be made only to or on the order of the registered holder thereof or
his or her legal representative.
Neither the City nor the Paying Agent and Registrar shall have any responsibility or obligation
relating to (a) the accuracy of the records of the Securities Depository or any Participant regarding
any beneficial ownership interest in any of the Bonds, (b) the delivery to any Participant, any beneficial
owner of the Bonds, or any other person, other than the Securities Depository, of any notice relating
to the Bonds, or (c) the payment to any Participant, any beneficial owner of the Bonds, or any other
person, other than the Securities Depository, of any amount with respect to the principal of or the
premium, if any, or interest on the Bonds.
So long as the Bonds are registered in Book -Entry Form, the City and the Paying Agent and
Registrar may treat the Securities Depository as, and may deem the Securities Depository to be, the
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absolute owner and the registered holder of the Bonds for all purposes whatsoever, including (i) the
payment of principal of and interest on the Bonds, (ii) giving any notices of redemption and any other
matters with respect to the Bonds, (iii) registering any transfers of the Bonds, (iv) the selection of any
Bonds for redemption, and (v) obtaining any consents under this Bond Ordinance.
If, at any time, the Securities Depository (A) notifies the City that it is unwilling or unable to
continue as the Securities Depository for the Bonds, or (B) shall no longer be registered or in good
standing under the Securities Exchange Act of 1934, as amended, or any other applicable statute or
regulation, and, in either case, a successor Securities Depository is not appointed by the City within
ninety days after the City receives such notice or becomes aware of such condition, as the case may
be, then this Section shall no longer be applicable and thereupon, the City shall execute, and the Paying
Agent and Registrar shall authenticate and deliver, certificates representing the Bonds to the registered
holders thereof.
Payment of the principal of and interest on any Bonds not registered in Book -Entry Form shall
be made as provided in Section 9 hereof.
For purposes of this Bond Ordinance, the following capitalized terms shall have the meanings
provided below:
"Book -Entry Form" means, with respect to the Bonds, a form or system under which
(1) the ownership of beneficial interests in the Bonds and the principal and interest payments
thereon may be transferred only through a book entry, and (2) physical bond certificates in
fully registered form are registered only in the name of a Securities Depository or its nominee
as the registered holder thereof, with the physical bond certificates held in the custody of a
Securities Depository.
"Participant" means a member of, or a participant in, the Securities Depository.
"Securities Depository" means a securities depository that is a "clearing corporation"
within the meaning of the New York Uniform Commercial Code and is a "clearing agency"
registered under the provisions of Section 17A of the Securities Exchange Act, operating and
maintaining, with its Participants or otherwise, a book -entry system to record the ownership
of beneficial interests in bonds and bond service charges, and to effect transfers of bonds in
Book -Entry Form, and means, initially, The Depository Trust Company (a limited purpose
trust company), New York, New York.
"Securities Depository Nominee" means any nominee of a Securities Depository, and
means, initially, Cede & Co., New York, New York, as the nominee of The Depository Trust
Company.
Section 9. Payment. Any payment of, or on account of, the principal of and interest on
the Bonds shall be made directly to the Paying Agent and Registrar, for the account of the registered
owners thereof. The Bonds shall be payable in any coin or currency of the United States of America
which, at the time of payment, shall be legal tender for payment of public and private debts. Interest
on each Bond shall be payable on each Interest Payment Date, by check, mailed to the person whose
name appears as the registered owner thereof upon the bond registration records kept by the Paying
Agent and Registrar, as of the fifteenth day preceding such Interest Payment Date, or by any other
transfer of funds acceptable to such registered owner and the Paying Agent and Registrar. Principal
of each Bond shall be payable upon the delivery of such Bond to the Paying Agent and Registrar or
by any other transfer of funds acceptable to the registered owner of such Bond and the Paying Agent
and Registrar. All such payments shall be valid and effectual to satisfy and discharge the liability upon
the Bonds to the extent of the sum or sums so paid.
Section 10. Filings. The Designated Officers are each hereby authorized to undertake and
cause all filings which may be required by law to be filed by the City in connection with the Bonds,
including, without limitation, any filings with the State Local Debt Officer required by law.
Section 11. Bond Payment Fund: Payment of Bonds. There is hereby established with the
Paying Agent and Registrar a bond payment fund in the name of the City to be known as the "City
of Paducah, Kentucky General Obligation Bonds, Series 2025A — Bond Payment Fund" (the "Bond
Payment Fund"), into which the City covenants to deposit, and into which the Designated Officers
are hereby authorized and directed to deposit, from the City's General Fund, on or before the twenty-
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fifth day of the month immediately preceding each Interest Payment Date, the amount required to pay
the principal and interest due on the Bonds on the next Interest Payment Date. The Paying Agent and
Registrar shall, without further authorization from the City, withdraw from the Bond Payment Fund,
on each Interest Payment Date, the amounts necessary to pay the principal of and interest on the Bonds
due on such Interest Payment Date to the registered owners thereof. The Paying Agent and Registrar
is hereby appointed as the depository of the Bond Payment Fund.
If the City shall fail or refuse to make any required deposit into the Bond Payment Fund from
the Sinking Fund described in Section 13 hereof, the Paying Agent and Registrar shall (i) notify any
agency or political subdivision of the Commonwealth of Kentucky which may collect and distribute
taxes or revenues for the City to seek any necessary and proper remedial action available, (ii) upon
being indemnified against costs and expenses, exercise any remedy provided in the Act or any other
remedy provided at law or in equity for the benefit of the owners of the Bonds or their assignees, and
(iii) disburse all moneys so collected to the owners of the Bonds as payment for any amounts due on
the Bonds.
Section 12. General Obligation Pledn_e. The Bonds shall be full general obligations of the
City, and the full faith, credit, and taxing power of the City are hereby pledged for the prompt payment
of the Bonds and the interest thereon. During the period the Bonds remain outstanding, there shall be,
and there hereby is, levied, annually, on all taxable property in the City, in addition to all other taxes,
without limitation as to rate, a direct tax in an amount sufficient to pay the principal of and interest on
the Bonds as and when due, it being hereby found and determined that the current tax rates of the City
are within all applicable limitations. The tax shall be, and is hereby, ordered to be computed, certified,
levied, and extended upon the tax duplicate, to be collected by the same officers, in the same manner,
and at the same time that taxes for general purposes for each of the years are certified, extended, and
collected. The tax shall be placed before and in preference to all other items and for the full amount
thereof; provided, however, that in each year, to the extent other lawfully available funds of the City
are available for the payment of the Bonds and are appropriated for such purpose, the amount of such
tax upon all of the taxable property in the City shall be reduced by the amount of such other funds so
available and appropriated.
Section 13. Maintenance of Sinking Fund. The Sinking Fund previously established by the
City is hereby ordered to be continued and maintained as long as any of the Bonds remain outstanding.
The moneys derived from the tax levy required by Section 12 hereof and any other lawfully available
moneys of the City shall be deposited in the Sinking Fund and, together with any interest collected on
the same, are irrevocably pledged for the payment of the principal of and interest on all bonds issued
by the City under the Act and all Tax -Supported Leases, as defined in the Act, as and when the same
become due and payable. Moneys in the Sinking Fund shall be transferred to the Bond Payment Fund
at the times and in the amounts required by Section 11 hereof.
Section 14. Sale of Bonds, Award Certificate. The Designated Officers of the City are
hereby authorized and directed to sell the Bonds to the Purchaser thereof, at advertised, competitive
sale, with the final terms of the Bonds, including the final principal amount, the principal amortization,
the annual principal maturities, any mandatory sinking fund maturities, the optional redemption dates
and amounts, the interest rates, the identity of the Paying Agent and Registrar, and the identity of the
Construction Fund Depository described in Section 15 hereof, to be established in accordance with
the requirements of this Bond Ordinance by the execution and delivery of the Award Certificate. The
Designated Officers are hereby directed to appoint the Paying Agent and Registrar for the Bonds in
the Award Certificate. The Mayor, the City Clerk, and the Finance Director of the City are each
hereby authorized to execute the Award Certificate establishing the terms of the Bonds in accordance
with this Bond Ordinance, without any further action by the Board of Commissioners.
The City shall comply with the requirements of Chapter 66 and Chapter 424 of the Kentucky
Revised Statutes by advertising for bids for the purchase of the Bonds. All actions taken by the City
in connection with the preparation of any instruments and the distribution of any information by the
City as shall be necessary to accomplish the foregoing, including the preparation of a Preliminary
Official Statement and an Official Statement with respect to the Bonds, which Preliminary Official
Statement and Official Statement shall be deemed final by the Mayor in accordance with Securities
and Exchange Commission Rule 15c2-12 (the "Rule"), are hereby ratified and approved.
Section 15. Disposition of Bond Proceeds. The proceeds of the Bonds shall be deposited,
together with any other available moneys of the City, as follows: (i) accrued interest and a rounding
-6-
amount, if any, shall be deposited in the Bond Payment Fund established by Section 11 hereof, (ii) an
amount sufficient to pay the costs of issuing the Bonds shall be deposited in a special cost of issuance
fund hereby directed to be established and designated as the "City of Paducah, Kentucky General
Obligation Bonds, Series 2025A — Cost of Issuance Fund," and (iii) the remainder of the proceeds
(including proceeds to be used for capitalized interest) shall be deposited in a special construction
fund hereby directed to be established and designated as the "City of Paducah, Kentucky General
Obligation Bonds, Series 2025A — Construction Fund," to be held and administered by the
construction fund depository designated by the City in the Award Certificate (the "Construction
Fund Depository"), and used to pay the costs incurred by the City in connection with the
acquisition, construction, installation, and equipping of the Project; provided, however, that any
account within such Fund required for the payment of capitalized interest on the Bonds may be
established and held with the Paying Agent for the Bonds.
Section 16. Continuing Disclosure Undertaking. Before the issuance of the Bonds, the City
shall execute a continuing disclosure undertaking (in the form of an agreement or a certificate) relating
to the Bonds, dated the date of issuance and delivery of the Bonds, which document, as originally
executed and as the same may be amended from time to time in accordance with the terms thereof, is
hereinafter referred to as the "Continuing Disclosure Undertaking." The City covenants and agrees
that it will comply with and carry out all of the provisions of its Continuing Disclosure Undertaking
for the Bonds. Notwithstanding any other provision of this Bond Ordinance, the failure of the City
to comply with the Continuing Disclosure Undertaking for the Bonds shall not be considered an event
of default under this Bond Ordinance; provided, however, that any holder of the Bonds may take any
action as may be necessary in order to obtain specific performance by court order to cause the City
to comply with its obligations under the Continuing Disclosure Undertaking.
Section 17. Events of Default: Remedies. Each of the following items shall constitute an
"event of default" on the part of the City with respect to the Bonds:
(a) The failure to pay the principal of any Bond when due and payable, either at
maturity or by proceedings for the redemption thereof (except in connection with conditional
redemptions, as provided in Section 3 hereof);
(b) The failure to pay any installment of interest on any Bond when the same shall
become due and payable, or within thirty days thereafter (except in connection with conditional
redemptions, as provided in Section 3 hereof); and
(c) The default by the City in the due or punctual performance of any of the other
covenants, conditions, agreements, or provisions contained in this Bond Ordinance or in the
Bonds.
Upon the occurrence of any of the events of default listed above, any registered holder of the
Bonds may, at law or in equity, by suit, action, mandamus, or other proceedings, enforce and compel
the performance by the City, and its officers and agents, of all of the duties imposed upon the City,
or otherwise required by law or this Bond Ordinance, including the levy and collection of sufficient
taxes to pay the principal of and interest on the Bonds and the application of such tax revenues in
accordance with the provisions hereof.
Section 18. Discharge of Bond Ordinance: Defeasance of Bonds. If the City shall pay or
cause to be paid, or if there shall otherwise be paid, to the owner of any of the Bonds, the total principal
and interest due or to become due thereon through maturity, in the manner stipulated in the Bonds and
in this Bond Ordinance, then the pledges and all covenants, agreements, and other obligations made
by the City hereunder in connection with the Bonds shall thereupon cease, terminate, and become
void and be discharged and satisfied.
The City may defease the Bonds in accordance with the provisions of this Bond Ordinance.
Upon the defeasance of any Bonds as provided in this Section, (a) this Bond Ordinance shall cease,
determine, and become null and void with respect to such Bonds, (b) the covenants, agreements, and
other obligations of the City under this Bond Ordinance shall be satisfied and discharged with respect
to such Bonds, (c) the City shall execute and deliver all instruments as may be desirable in order to
evidence such discharge and satisfaction, and (d) the Paying Agent and Registrar shall pay over or
deliver to the City all moneys or securities held by the Paying Agent and Registrar under this Bond
Ordinance that are not required for the defeasance of any other Bonds.
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Any Bond, or any installment of interest thereon, for the payment or redemption of which funds
shall have been set aside and held in trust by the Paying Agent and Registrar or any other fiduciary
(through the deposit by the City of moneys for such payment or redemption), shall, upon the Stated
Maturity, the next applicable Redemption Date, or the immediately succeeding Interest Payment Date
of such Bond, be deemed to have been paid and defeased within the meaning and with the effect so
expressed in this Section. Any outstanding Bond shall, before the Stated Maturity or Redemption Date
thereof, be deemed to have been paid and defeased within the meaning and with the effect expressed
in this Section if (a) with respect to any Bond to be redeemed on any date before its Stated Maturity,
the City shall have given notice of the redemption of such Bond in accordance with Section 3 hereof
or shall have provided for the giving of such notice at the appropriate time, and (b) there shall have
been deposited with the Paying Agent and Registrar or other fiduciary either (i) moneys in an amount
which shall be sufficient, or (ii) Defeasance Obligations, the principal of and the interest on which,
when due, will provide moneys in an amount which, together with any moneys deposited with the
Paying Agent and Registrar or other fiduciary at the same time, shall be sufficient, in either case, to
pay, when due, the principal or redemption price, if any, and interest due and to become due on such
Bond on and before the Stated Maturity, the next applicable Redemption Date, or the immediately
succeeding Interest Payment Date thereof, as the case may be. Neither any Defeasance Obligations,
nor any moneys deposited with the Paying Agent and Registrar or any other fiduciary in accordance
with this Section, nor any principal or interest payments received from any Defeasance Obligations,
shall be withdrawn or used for any purposes other than, and shall be held in trust for, the payment of
the principal or redemption price, if any, of any Bonds and any interest thereon; provided, however,
that any cash received from such principal or interest payments on such Defeasance Obligations and
deposited with the Paying Agent and Registrar or any other fiduciary under this Section, if not then
needed for such purposes, shall, to the extent practicable, (1) be reinvested in Defeasance Obligations
maturing at such times and in such amounts as shall be sufficient to pay, when due, the principal or
redemption price, if any, and interest to become due on any Bond on and before the Stated Maturity,
the next applicable Redemption Date, or the next Interest Payment Date thereof, as the case may be,
and (2) be paid over to the City, following the full discharge and payment of all of the Bonds, free
and clear of any trust, lien, or pledge.
For purposes of this Section:
"Defeasance Obligations" means
(a) any non -callable direct obligations of the United States of America,
including U.S. Treasury bills, notes, bonds, and zero coupon bonds, U.S. Treasury
Obligations — State and Local Government Series (SLGS), and direct obligations of
the U.S. Treasury that have been stripped by the Treasury itself, including any CATS,
TIGRS, and similar securities;
(b) any non -callable obligations issued or guaranteed by the Government
National Mortgage Association which are backed by the full faith and credit of the
United States of America; and
(c) any non -callable senior debt obligations issued or guaranteed by any
Federal Home Loan Bank or Federal Home Loan Bank Board or by the Farm Credit
System, Federal Home Loan Mortgage Corporation, or Federal National Mortgage
Association.
"Redemption Date" means, with respect to any Bond, the date upon which such Bond,
or portion thereof, is to be redeemed in accordance with the notice of such redemption given
as provided in Section 3 hereof.
"Stated Maturity" means (a) with respect to any Bond, the date specified in such Bond
or the Award Certificate as the fixed principal installment dates for such Bond, and, (b) with
respect to any installment of interest on any Bond, means the date specified in such Bond or
the Award Certificate as the interest payment dates for such Bond.
Notwithstanding anything in this Bond Ordinance to the contrary, any moneys held in trust
by the Paying Agent and Registrar or any other fiduciary for the payment and discharge of any Bond
that remains unclaimed for six years after (i) the date when all of the Bonds shall have become due
and payable, either at their Stated Maturities, by call for early redemption, or otherwise, if such moneys
were held by the Paying Agent and Registrar or such other fiduciary at such date, or (ii) the date of
the deposit of such moneys, if such moneys were deposited with the Paying Agent and Registrar or
WE
such other fiduciary after the date when all of the Bonds became due and payable, shall, in either case,
at the written request of the City, be repaid by the Paying Agent and Registrar or other fiduciary to
the City, as its absolute property and free from trust, and thereupon, the Paying Agent and Registrar
or other fiduciary shall be released and discharged; provided, however, that before being required to
make any such payment to the City, the Paying Agent and Registrar or other fiduciary shall, at the
expense of the City, cause to be published in accordance with Chapter 424 of the Kentucky Revised
Statutes, at least twice, at an interval of not less than seven days between each publication, notice
that such moneys remain unclaimed and that after the date specified in such notice, which date shall
be no less than ten nor more than twenty days after the date of the first publication of such notice, the
balance of such moneys remaining unclaimed will be returned to the City.
Section 19. Declaration of Official Intent. The City hereby declares, in accordance with
Treasury Regulation § 1.150-2, as amended or superseded from time to time, its official intent to
reimburse itself with proceeds of the Bonds in the reasonably anticipated amount of up to $27,820,000
for any expenses related to the Project for any item that is properly depreciable or amortizable or that
is otherwise treated as a capital expenditure for purposes of the Internal Revenue Code of 1986, as
amended, that may occur before the issuance of the Bonds
Section 20. Contractual Nature of Ordinance. The provisions of this Bond Ordinance shall
constitute a contract between the City and the holders of the Bonds. After the issuance of the Bonds,
no change or alteration of any kind to the provisions of this Bond Ordinance shall be made, except
as provided herein, until all of the Bonds and all of the interest thereon have been paid or defeased;
provided that (a) the Board of Commissioners of the may adopt an ordinance, resolution, or municipal
order (i) to evidence the succession of any bank or trust company as the Paying Agent and Registrar
for the Bonds, (ii) for any other purpose not inconsistent with the terms hereof which shall not impair
the security of the holders of the Bonds, or (iii) for the purpose of curing any ambiguity or curing,
correcting, or supplementing any defective or inconsistent provisions contained herein, and (b) the
holders of 80% in principal amount of the Bonds shall have the right to consent to and approve the
adoption of ordinances or other proceedings modifying or amending any of the terms or provisions
contained herein, subject to the condition that this Bond Ordinance shall not be so modified in any
manner that may adversely affect the rights of any holders without similarly affecting the rights of
all holders of the Bonds or to reduce the percentage of the number of holders whose consent shall
be required to effect a further modification.
Section 21. Further Actions. In connection with the undertaking and implementation by
the City of the plan of financing described herein, which is hereby expressly directed, the Designated
Officers are hereby authorized and directed to take and carry out such further actions as are necessary,
desirable, or appropriate to effect such plan of financing, including the execution and delivery of a
financial advisory services agreement with Robert W. Baird & Co. Incorporated, Paducah, Kentucky,
the City's independent registered municipal advisor.
Section 22. Severability. If any provisions of this Bond Ordinance should be determined
by a court of competent jurisdiction to be contrary to law, then such provisions shall be deemed to be
severable from all remaining provisions and shall not affect the validity of such other provisions.
Section 23. Inconsistent Actions. All prior ordinances, resolutions, orders, or parts thereof
inconsistent herewith are hereby repealed.
Section 24. Open Meetings Compliance. All meetings of the Board of Commissioners and
of its committees and of any other public bodies, at which the formal actions in connection with the
issuance of the Bonds were taken, or at which deliberations that resulted in such formal actions were
held, were open meetings, and such formal actions were taken and such deliberations took place while
such meetings, after proper notice, were open to the public, in compliance with all applicable legal
requirements, including Sections 61.810 to 61.850, inclusive, of the Kentucky Revised Statutes.
Section 25. Rules of Construction. The singular form of any word used herein shall also
include the plural, and vice versa. The use of a word of any gender herein shall also include correlative
words of all genders. Unless otherwise specified, when used herein, the word "including" shall mean
"including, without limitation," the word "or" shall mean "and/or," and the word "any" shall mean
"any and all." Unless otherwise specified, references to any Articles, Sections, or other subdivisions
of this Bond Ordinance are to the designated Articles, Sections, and other subdivisions of this Bond
Ordinance as originally executed. The words "hereof," "herein," "hereto," and "hereunder," and other
words of similar import refer to this Bond Ordinance as a whole. The captions and headings in this
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Bond Ordinance are for convenience only and in no way define, limit, or describe the scope or intent
of any provisions or sections hereof. Exhibit A attached hereto is hereby incorporated by reference
into this Bond Ordinance and constitutes a part hereof.
Section 26. Effective Date. This Bond Ordinance shall become effective immediately upon
its adoption and publication of a summary thereof, as provided by law.
[Signature page to follow]
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SIGNATURE PAGE TO BOND ORDINANCE
INTRODUCED AND PUBLICLY READ ON FIRST READING ON DECEMBER 10,
2024.
PUBLICLY READ, ADOPTED, AND APPROVED ON SECOND READING, ON
JANUARY 14, 2025.
Attest:
Parish,
CITYP CAH, KE TUCKY
By: �.
George Bray, Mayor low
Introduced by the Board of Commissioners, December 10, 2024
Adopted by the Board of Commissioners, January 13, 2025
Recorded by Lindsay Parish, City Clerk, January 13, 2025
Published by The Paducah Sun, January I (� , 2025
CERTIFICATION
I, the undersigned, hereby certify that I am the duly qualified and acting City Clerk of the
City of Paducah, Kentucky, and as such, I certify that the foregoing is a true, correct, and complete
copy of a Bond Ordinance duly enacted by the Board of Commissioners of the City at a duly
convened meeting held on January 13, 2025, force and effect, all as appears from the official
records of the City in my possession and under my control.
Witness my hand as of January 13, 2025.
By I PaV
mdsay Parish, i y Clerk
S-1
EXHIBIT A
TO
BOND ORDINANCE
FORM OF BONDS
Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation
("DTC') to issuer or its agent for registration of transfer, exchange, or payment and any certificate issued is registered in the name
of Cede & Co, or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede &
Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER
USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner
hereof, Cede & Co., has an interest herein.
Number R -L]
Interest Rate
r 1%
Registered Owner:
Principal Amount:
UNITED STATES OF AMERICA
COMMONWEALTH OF KENTUCKY
CITY OF PADUCAH, KENTUCKY
GENERAL OBLIGATION BOND, SERIES 2025A
Maturity Date
L1 1, 20L]
Cede & Co.
[ I Dollars
Date of
Original Issue
_1, 2025
sr I
CUSIP
695309 "
KNOW ALL PERSONS BY THESE PRESENTS: That the City of Paducah, Kentucky
(the "City"), for value received, hereby acknowledges itself obligated to, and promises to pay to the
Registered Owner identified above, or its registered assigns, the Principal Amount specified above
(or, if any part thereof has been paid, the balance thereof remaining unpaid) on the Maturity Date set
forth above, and to pay interest on such Principal Amount (or, if any part thereof has been paid, the
balance thereof remaining unpaid), at the Interest Rate per annum identified above, from the Date of
Original Issue set forth above, calculated on the basis of a 360 -day year with twelve 30 -day months,
payable on each LI 1 and L_l1, commencing � 1, 2025, except as the provisions set forth
herein concerning prior redemption may be and become applicable hereto. The Principal Amount of
and interest on this Bond are payable, without deduction for exchange, collection, or service charges,
in lawful money of the United States of America. The Principal Amount of this Bond is payable at
the designated corporate trust office of U.S. Bank Trust Company, National Association, Louisville,
Kentucky, or any successor (the "Paying Agent and Registrar"), upon the delivery of this Bond to
the Paying Agent and Registrar, or by any other transfer of funds acceptable to the Paying Agent and
Registrar and the Registered Owner hereof. All interest on this Bond payable before the Maturity
Date hereof shall be paid by check or draft mailed to the Registered Owner hereof, as of the record
date, at its address appearing upon the registration records maintained by the Paying Agent and
Registrar, or by any other transfer of funds acceptable to the Paying Agent and Registrar and the
FEW
Registered Owner hereof. The record date shall be the fifteenth day of the month preceding each
interest payment date.
This Bond is one of an issue of Bonds of like tenor and effect, except as to denomination and
maturity, numbered from R-1 upward, inclusive, of the denomination of $5,000 or any integral multiple
thereof originally aggregating r I Dollars ($r 1) in principal amount, issued for the purposes of
(i) financing the costs of acquiring, constructing, equipping, and installing (a) riverfront
infrastructure improvements, including a riverboat excursion pier and plaza, riverfront
improvements along existing transient boat dock facilities, intersection improvements, and a
multimodal pathway connecting the Greenway Trail, Convention Center, Riverfront, and
Downtown Paducah, and (b) a new municipal sports park complex, all for the ultimate well-being
and benefit of the citizens of the City (collectively, the "Project'), (ii) paying the costs of credit
enhancement for the Bonds, if any, and (iii) paying all or a portion of the costs of issuance of the
Bonds, all under and in compliance with the laws of the Commonwealth of Kentucky, including,
particularly, Chapter 66 of the Kentucky Revised Statutes, and in accordance with an ordinance
duly adopted by the Board of Commissioners of the City on January 14, 2025 (the "Bond
Ordinance"), upon the affirmative vote of at least a majority of the members of its Board of
Commissioners at a public meeting duly and regularly held, and after filing proper notice with the
State Local Debt Officer of the Commonwealth of Kentucky.
This Bond and the issue of which it forms a part is a general obligation of the City and the full
faith, credit, and taxing power of the City are pledged to the payments due hereunder. THIS BOND
IS CONTINUALLY SECURED BY THE FULL FAITH, CREDIT, AND TAXING POWER OF
THE CITY.
The Bonds mature on r I 1 of the following years, in the respective principal amounts,
and bear interest at the following rates of interest:
Maturity Date
1, 2026
1, 2027
1, 2028
L_ 1, 2029
r 11,2030
r 1 1, 2031
r 11,2032
1, 2033
1, 2034
r 1,2035
r 11, 2036
r 1, 2037
r 11,2038
r 11,2039
[� 1, 2040
[� 1, 2041
1 1, 2042
Amount
$f
$f
$r I
$U
$r
$[ 1
$r
$r
$r
$f 1
$f ]
A-2
Interest Rate
Per Annum
L_1%
r 1%
r _1%
r-1%
r-1%
r %
r
r 1%
r_._ 1%
[ 1%
r-1%
r 1%
Interest Rate
Maturity Date
Amount
Per Annum
[ 1 1, 2043
$rI
r]%
[ 1 1, 2044
$r ]
11%
1 1, 2045
$"
"%
The Bonds maturing on and after [ ] 1, 2034 are subject to optional redemption before
maturity on r] 1, 2033 or any date thereafter, in whole or in part, in such order of maturity as
shall be designated in writing by the City, and by lot within a maturity, at the election of the City upon
thirty-five days' written notice to the Paying Agent and Registrar at a redemption price equal to the
par amount thereof, plus accrued interest to the date of redemption.
[INSERT ANY MANDATORY SINKING FUND REDEMPTION REQUIREMENTS]
At least thirty days before the redemption date of any Bonds, the Paying Agent and Registrar
shall cause a notice of such redemption, signed by the Paying Agent and Registrar, to be mailed, first
class, postage prepaid, to all registered owners of the Bonds to be redeemed at their addresses as they
appear on the registration books kept by the Paying Agent and Registrar; provided that failure to mail
any such notice shall not affect the validity of the proceedings for the redemption of any Bonds for
which such notice has been sent. Each such notice shall set forth the date fixed for redemption, the
redemption price to be paid and, if less than all Bonds being payable by their terms on a single date
then outstanding shall be called for redemption, the series of the Bonds, and the distinctive number
or letters, if any, of such Bonds to be redeemed.
On the date so designated for redemption, notice having been published in the manner and
under the conditions hereinabove provided and moneys for payment of the redemption price being
held in the Bond Payment Fund by the Paying Agent and Registrar for the registered owners of the
Bonds to be redeemed, the Bonds so called for redemption shall become and be due and payable at
the redemption price provided for redemption of such Bonds on such date, interest on the Bonds so
called for redemption shall cease to accrue, and the registered owners of such Bonds shall have no
right in respect thereof except to receive payment of the redemption price thereof.
Notwithstanding the foregoing, any redemption may be conditioned upon funds in an amount
sufficient to carry out such redemption being deposited with the Paying Agent and Registrar on or
before the applicable redemption date. Any failure to make such deposit shall not constitute an event
of default under this Bond or the Bond Ordinance and in such event, the redemption shall be cancelled.
If the City knows in advance of a redemption date that the necessary deposit will not occur, it shall
instruct the Paying Agent and Registrar to give notice of the cancellation of the redemption to the
registered owner of the Bonds so called for redemption.
No recourse shall be had for the payment of the Principal Amount of or the interest on this
Bond or for any claim based hereon against any past, present, or future officer, agent, or employee of
the City, as such, either directly or through the City, whether by virtue of any constitutional provision,
statute, or rule of law, or by the enforcement of any assessment or penalty, or otherwise. All such
liability of such officers, agents, or employees of the City is hereby renounced, waived, and released
as a condition of and as consideration for the issuance, execution, and acceptance of this Bond.
FEW
It is hereby certified (i) that all acts, conditions, and things required to be done, to occur, or
to be performed precedent to and in the issuance of this Bond, or in the creation of the obligations of
which this Bond is evidence, have been done, have occurred, and have been performed in regular and
due form, in the manner required by law; (ii) that the full faith, credit, and taxing power of the City
have been irrevocably pledged for the prompt payment of the Principal Amount hereof and the interest
hereon; (iii) that the repayment obligation represented by this Bond does not exceed any constitutional
or statutory limitation; and (iv) that due provision has been made for the levy and collection of a tax
sufficient in amount to pay the interest on this Bond as it falls due and to provide for the redemption
of this Bond at maturity or upon earlier redemption.
[Signature page to follow]
A-4
SIGNATURE PAGE TO SERIES 2025A BOND
IN WITNESS WHEREOF, the City has caused this Bond to be executed in its name by the
manual, facsimile, or electronic signature of the Mayor and attested by the manual, facsimile, or
electronic signature of the City Clerk.
[Seal] CITY OF PADUCAH, KENTUCKY
Attest:
in
City Clerk
Mayor
AUTHENTICATION CERTIFICATE
This is to certify that this Bond is one of the Bonds described hereinabove.
Date of Authentication:
A-5
Authorized Representative
U.S. Bank Trust Company, National
Association,
Paying Agent and Registrar
ASSIGNMENT
The following abbreviations, when used in the inscription on this Bond or in the assignment
below, shall be construed as though they were written out in full according to applicable laws or
regulations:
TEN COM — as tenants in common
TEN ENT — as tenants by the entireties
JT TEN — as joint tenants with right of survivorship and not as tenants in common
and not as community property
UNIF TRANS
MIN ACT —
Custodian
(Custodian) (Minor)
under Uniform Transfer to Minors Act
(State)
Additional abbreviations may be used although not in the above list.
FOR VALUE RECEIVED, the undersigned hereby sells, assigns, and transfers unto:
(please print or typewrite social security number or other identifying number and name and address of transferee)
the within Bond and does hereby irrevocably constitute and appoint
or its successor as Paying Agent and Registrar to transfer the Bond on the
books kept for registration thereof with full power of substitution in the premises.
Signature guaranteed:
(Type or Print Name)
(Signature)
NOTE: The assignor's signature must be guaranteed by
an eligible guarantor institution which is a member of
or participant in a signature guarantee program, under
Securities and Exchange Commission Rule 17Ad-15
or any successor provision.
A-6