HomeMy WebLinkAbout2026-08-8889ORDINANCE NO. 2026-08-8889
AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY
AUTHORIZING THE ISSUANCE OF ITS CITY OF PADUCAH, KENTUCKY
GENERAL OBLIGATION NOTES, TAXABLE SERIES 2026A IN A
MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF $6,000,000 FOR THE
PURPOSE OF FINANCING THE COSTS OF A COMMERCIAL BUILDING
AND RELATED FURNISHINGS AND EQUIPMENT FOR THE PUBLIC
PURPOSE OF PROMOTING ECONOMIC DEVELOPMENT WITHIN THE
CITY; APPROVING THE FORM OF THE NOTES; AUTHORIZING
DESIGNATED OFFICERS OF THE CITY TO EXECUTE AND DELIVER THE
NOTES; AUTHORIZING AND DIRECTING THE FILING OF A NOTICE
WITH THE STATE LOCAL DEBT OFFICER; PROVIDING FOR THE
PAYMENT OF AND SECURITY FOR THE NOTES; ESTABLISHING A NOTE
PAYMENT FUND FOR THE NOTES; AFFIRMING THE MAINTENANCE OF
THE EXISTING SINKING FUND; AUTHORIZING THE ACCEPTANCE OF
THE BID OF THE PURCHASER OF THE NOTES; AND REPEALING ANY
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 finance all or a portion of the costs of the acquisition,
construction, installation, and equipping of a commercial building and related furnishings and
equipment to promote economic development within the City (the "Project"); and
WHEREAS, in order to achieve the foregoing objective, 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 Notes, Taxable Series 2026A (the "Notes") in a maximum aggregate
principal amount of $6,000,000 (i) to finance all or a portion of the costs of the Project; (ii) to pay
capitalized interest on the Notes, if desirable; (iii) to pay all or a portion of the cost of credit
enhancement on the Notes, if any; and (iv) to pay all or a portion of the costs of issuance of the
Notes; 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 "General Obligation Act"), and Sections 58.010 to 58.140, inclusive, of the Kentucky
Revised Statutes, as amended (the "Public Project Act"), a city may issue bonds and notes, subject
to the applicable requirements of the General Obligation Act or the Public Project Act, for the
purpose of paying all or a portion of the costs of the acquisition, construction, installation, or
equipping of any public project to the extent that such city is duly authorized to cause the acquisition,
construction, installation, and equipping thereof, and
WHEREAS, the City desires to cause all or a portion of (i) the costs of the Project to be
financed; (ii) the costs of capitalized interest on the Notes, if desirable, to be financed; (iii) the costs
of credit enhancement for the Notes, if any, to be financed; and (iv) the costs of issuance of the Notes
to be financed, all through the issuance of the Notes, which are to be sold and awarded by the City
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; and
WHEREAS, upon the advice of Robert W. Baird & Co. Incorporated, Paducah, Kentucky,
the City's independent registered municipal advisor (the "Municipal Advisor"), the public,
competitive sale of the Notes may be conducted by awarding such Notes to either (i) an underwriter
via a public offering (a "Public Offering"), or (ii) a financial institution or other sophisticated investor
to hold for its own investment via a limited public offering (a "Limited Public Offering"),
depending on which method results in the greatest benefit to the City at the time of advertising the
sale of the Notes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY,
AS FOLLOWS:
Section 1. Affirmation of Preamble. It is hereby found, determined, and declared that
the facts, recitals, declarations, and definitions set forth in the preamble of this Note Ordinance are
true and correct and such facts, recitals, declarations, and definitions are hereby affirmed, adopted,
and incorporated as a part of this Note Ordinance, and all acts described in the preamble of this Note
Ordinance are hereby ratified.
Section 2. Necessity, Authorization, and Purpose. The City hereby declares that it is
necessary and desirable to issue, and hereby authorizes the issuance of, its General Obligation Notes,
Taxable Series 2026A, in a maximum aggregate principal amount of $6,000,000, for the purposes
of (a) financing all or a portion of the costs of the Project; (b) paying capitalized interest on the
Notes, if desirable; (c) paying the costs of credit enhancement for the Notes, if any; and (d) paying
all or a portion of the costs of issuance of the Notes.
The exact principal amount of Notes to be issued shall be established in the Award Certificate
(as hereinafter defined) for the Notes.
Section 3. Designation. The Notes shall be issued as fully registered notes and shall be
designated as the "City of Paducah, Kentucky General Obligation Notes, Taxable Series 2026A."
Each Note issued under this Note Ordinance shall express upon its face the purposes for which the
Notes are issued and that the Notes are issued under the General Obligation Act. If the Notes are
issued in a calendar year after calendar year 2026, their designation may be adjusted to reflect the
calendar year and their order of issuance.
Section 4. Authorized Denominations. The Notes shall be in denominations as requested
by their purchaser, which shall be in integral multiples of (a) $5,000, if the Notes are sold in a Public
Offering, or (b) $1,000, if the Notes are sold in a Limited Public Offering. If the Notes are sold in a
Limited Public Offering, then no Note shall be transferrable to another holder in an amount less
than $100,000, regardless of the amount of the authorized denominations established in the Award
Certificate.
Section 5. Dated Date. The Notes shall be dated as of their date of initial issuance and
delivery, or such other date as shall be determined in the award certificate accepting the bid of the
Purchaser of the Notes (the "Award Certificate") to be executed by an Authorized Officer (as defined
herein) of the City on the date of the sale of the Notes.
Section 6. Interest Payment Dates. Interest on the Notes shall be payable semiannually
on the first day of two calendar months that are exactly six months apart (each, an "Interest Payment
Date"). The Interest Payment Dates for the Notes shall be selected by the Mayor, Director of
Finance, or City Clerk (each, an "Authorized Officer") and set forth in the Award Certificate. The
first Interest Payment Date for the Notes shall be the first Interest Payment Date that occurs after the
date of issuance of the Notes and shall be identified by the City in the Award Certificate.
Section 7. Maturity; Principal Payment Dates. The Notes shall have a single maturity
date, which shall be no later than December 31, 2029 (the "Maturity Date"). The Maturity Date
for the Notes and the principal amount of the Notes shall be established in the Award Certificate.
The maximum maturity of any Note issued hereunder shall not exceed five years from its
date of issuance.
Section 8. Interest Rates. Interest on the Notes shall be calculated on the basis of a 360 -
day year with twelve 30 -day months. The interest rate or rates on the Notes shall be determined in
the Award Certificate; provided, however, that no stated interest rate of any of the Notes shall exceed
seven percent per annum.
Section 9. Payment. The principal of and interest on the Notes are payable in lawful
money of the United States of America. If the Notes are issued in Book -Entry Form and registered
to a Securities Depository or a Securities Depository Nominee under and as defined in Section 14
hereof, then the principal of and interest on the Notes shall be payable, as and when due and payable,
by wire transfer from the Paying Agent and Registrar designated in Section 22 hereof to the Securities
Depository or the Securities Depository Nominee. If the Notes are not issued in Book -Entry Form,
then the principal of the Notes shall be payable as and when due, whether at maturity or by prior
redemption, upon their presentation and surrender at the designated office of the Paying Agent and
Registrar, and interest on the Notes shall be payable on each Interest Payment Date by check or draft
mailed by the Paying Agent and Registrar to each registered holder of the Notes at their respective
addresses shown on the Register maintained by the Paying Agent and Registrar in accordance with
Section 11 hereof.
The date for the purpose of determining the registered holder to whom principal or interest
shall be payable on the next succeeding Interest Payment Date shall be the fifteenth day of the month
immediately preceding such Interest Payment Date (the "Record Date"), and for such purpose, the
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Paying Agent and Registrar may treat the person in whose name any Note is registered on the Record
Date as the registered holder thereof.
Section 10. Form of Notes. The Notes shall be issued in substantially the form set forth
in Exhibit A attached hereto, with necessary and appropriate variations, omissions, and insertions
as permitted or required by this Note Ordinance.
Section 11. Registration. So long as any of the Notes are outstanding, the Paying Agent
and Registrar shall keep and maintain, at its designated office, complete books for the registration
and transfer of the Notes (the "Register") and shall provide for the registration and transfer of the
Notes in accordance with the terms hereof. If the Notes are issued in a Public Offering, they shall
be authenticated by the Paying Agent and Registrar. Except as may otherwise be provided herein
with respect to any Notes issued in Book -Entry Form, each Note 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
thereof or its authorized representative. Upon receipt of any such Note duly endorsed for transfer
or accompanied by any assignment for transfer, the Paying Agent and Registrar shall transfer such
Note within a period of three days by reissuing such Note, duly executed by the City and, for any
Notes originally sold in a Public Offering, authenticated by the Paying Agent and Registrar, and by
delivering the new Note to the new registered holder thereof with all reasonable diligence.
Notwithstanding anything herein to the contrary, the Paying Agent and Registrar shall not
be required to transfer or exchange any Note (a) during any period beginning five days before the
selection by the Paying Agent and Registrar of Notes to be redeemed before maturity and ending on
the date of mailing of notice of any such redemption, or (b) if such Note has been selected or called
for redemption in whole or in part.
Except as may otherwise be provided herein with respect to any Notes issued in Book -Entry
Form, each Note shall be exchangeable upon the presentation and surrender thereof at the designated
office of the Paying Agent and Registrar for one or more Notes of the same series and maturity, in
denominations of $5,000 or $1,000, as the case may be, or any integral multiple thereof, and in an
aggregate principal amount or amounts equal to the unpaid principal amount of the Note or Notes
so presented for exchange. The Paying Agent and Registrar shall be and is hereby authorized to
authenticate and deliver any Notes to be delivered in exchange in accordance herewith. Each Note
delivered in exchange for a surrendered Note shall constitute an original contractual obligation of
the City and shall be entitled to all of the benefits and security of this Note Ordinance to the same
extent as the Note or Notes in lieu of which such Note is delivered in exchange therefor. Any Notes
surrendered for exchange shall be canceled by the Paying Agent and Registrar, and the Paying Agent
and Registrar shall maintain a complete record of all exchanges, transfers, and cancellations of any
of the Notes on the Register and shall make a report thereof to the City on not less than an annual
basis. No service charge or other transfer fee shall be charged to any registered holder of the Notes
in connection with the transfer or exchange of a Note; provided, however, that the registered holder
of any Note may be required to pay an amount equal to any tax or other governmental charge that
may be imposed in connection with the transfer or exchange of such Note.
Section 12. Destruction of Notes. Whenever any outstanding Note shall be delivered to
the Paying Agent and Registrar for cancellation in accordance with this Note Ordinance, upon the
payment of the principal or interest represented thereby or for replacement or exchange, such Note,
following such payment, replacement, or exchange, shall be promptly canceled and destroyed by the
Paying Agent and Registrar and counterparts of a certificate evidencing the destruction thereof shall
be furnished by the Paying Agent and Registrar to the City. All Notes that have been redeemed
shall not be reissued and shall be promptly canceled and destroyed by the Paying Agent and Registrar
in accordance with this Section and the Paying Agent Agreement described in Section 22 hereof.
Section 13. Mutilated, Lost, Stolen, or Destroyed Notes. If any Note is mutilated, lost,
stolen, or destroyed, the City may execute and deliver, and for Notes sold in a Public Offering, the
Paying Agent and Registrar may authenticate, a new Note of like series, date, maturity, and
denomination as the Note so mutilated, lost, stolen, or destroyed; provided that, in the case of any
mutilated Note, such Note shall first be surrendered to the Paying Agent and Registrar, and in the
case of any lost, stolen, or destroyed Note, there shall be first furnished to the City and the Paying
Agent and Registrar evidence of such loss, theft, or destruction satisfactory to the City and the
Paying Agent and Registrar, together with such indemnity as the City and the Paying Agent and
Registrar may require. If any such Note shall have matured, in lieu of issuing a duplicate Note, the
City may pay such Note without the surrender thereof. The City and the Paying Agent and
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Registrar may charge the holder or owner of such Note their reasonable fees and expenses in this
connection.
Section 14. Notes Issued in Book -Entry Form. If the Notes are sold in a Public Offering,
they shall initially be issued in Book -Entry Form and registered in the name of either the Securities
Depository or the Securities Depository Nominee, as provided in this Section. Unless the Notes
are issued in a Limited Public Offering or the Notes are no longer issued in Book -Entry Form as
provided in this Section, the Notes shall be registered in the name of the Securities Depository or
the Securities Depository Nominee and ownership thereof shall be maintained in Book -Entry Form
by the Securities Depository for the account of the Participants thereof. If the Notes are sold in a
Public Offering, they shall initially be registered in the name of Cede & Co., as the initial Securities
Depository Nominee of The Depository Trust Company, as the initial Securities Depository. Each
Authorized Officer of the City is authorized to approve and execute, on behalf of the City, a letter
of representations or any other appropriate instrument with the Securities Depository (to which the
Paying Agent and Registrar may also be a party) relating to the issuance and administration of the
Notes issued in Book -Entry Form.
So long as any Notes are maintained in Book -Entry Form, such Notes may be transferred,
in whole but not in part, only to the Securities Depository, the Securities Depository Nominee, any
successor Securities Depository selected or approved by the City, or any nominee of any such
successor Securities Depository.
Neither the City nor the Paying Agent and Registrar shall have any responsibility or other
obligation in connection with (a) the accuracy of the records of the Securities Depository or of any
Participant thereof with respect to any beneficial ownership interest in the Notes; (b) the delivery to
any Participant of the Securities Depository, any beneficial owner of the Notes, or any other person,
other than the Securities Depository, of any notice with respect to the Notes; or (c) the payment to
any Participant of the Securities Depository, any beneficial owner of the Notes, or any other person,
other than the Securities Depository, of any amount with respect to the principal of or premium, if
any, or interest on the Notes.
As to any Note, the person in whose name the Note 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 Note shall be made only to or on the order of the registered holder thereof
or his or her legal representative. Payment of the principal of and interest on any Notes not registered
in Book -Entry Form shall be made as provided in Section 9 hereof.
So long as the Notes are registered in Book -Entry Form, the City and the Paying Agent
and Registrar may treat the Securities Depository as, and deem the Securities Depository to be,
the absolute owner and the registered holder of the Notes for all purposes whatsoever, including
(i) paying the principal of and interest on the Notes; (ii) giving notices of redemption and other
matters with respect to the Notes; (iii) registering transfers with respect to the Notes; (iv) selecting
Notes for redemption; and (v) obtaining any consents under this Note Ordinance.
If, at any time, the Securities Depository notifies the City that it is unwilling or unable to
continue as the Securities Depository with respect to the Notes or if, at any time, the Securities
Depository shall no longer be registered or in good standing under the Securities Exchange Act of
1934, as amended, or other applicable statute or regulation, and a successor Securities Depository
is not appointed by the City within ninety days after the City receives notice or becomes aware of
such condition, as the case may be, then this Section shall no longer be applicable and the City shall
thereupon execute and the Paying Agent and Registrar shall authenticate and deliver certificates
representing the Notes to the registered holders thereof.
For purposes of this Note Ordinance, the following capitalized terms shall have the meanings
provided below:
"Book -Entry Form" means, with respect to the Notes, a form or system under which (1) the
ownership of beneficial interests in notes and the principal and interest payments thereon may be
transferred only through a book entry, and (2) physical note certificates in fully registered form are
registered only in the name of a Securities Depository or a Securities Depository Nominee, as the
registered holder thereof, and are held in the custody of the Securities Depository.
"Participant" means a member of, or a participant in, the Securities Depository.
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"Securities Depository" means any securities depository that is a "clearing corporation"
within the meaning of the New York Uniform Commercial Code and 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 ownership of beneficial interests
in notes and note service charges for any Notes issued and maintained in Book -Entry Form and to
effect transfers of such notes 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 shall
initially mean Cede & Co., New York, New York, as nominee of The Depository Trust Company.
Section 15. Redemption.
(a) Optional Redemption. If the Notes are sold in a Public Offering, they shall be subject
to optional redemption as shall be set forth in the Award Certificate, in whole or in part, in such order
of maturity as shall be designated in writing by the City, and by lot within any 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 principal amount of Notes to be redeemed, plus accrued interest to the
date of redemption. If the Notes are sold in a Limited Public Offering, they shall be subject to
optional redemption on any date, except as otherwise provided in the Award Certificate.
(b) Mandatory Sinking Fund Redemption. The Notes shall not be subject to mandatory
sinking fund redemption.
(c) General Redemption Terms. At least thirty days before the redemption date of any
Note, the Paying Agent and Registrar shall cause a notice of redemption, either in whole or in part,
signed by the Paying Agent and Registrar, to be mailed, first class, postage prepaid, to all registered
owners of the Notes to be redeemed, at their addresses as they appear on the Register kept by the
Paying Agent and Registrar; provided, however, that the failure to mail any such notice shall not
affect the validity of the proceedings for the redemption of any Notes for which such notice has been
sent. Each redemption notice shall set forth the date fixed for redemption, the redemption price to
be paid, and if less than all of the Notes being payable by their terms on a single date then
outstanding shall be called for redemption, the distinctive series number or letters, if any, of such
Notes to be redeemed.
On the date so designated for redemption, notice having been mailed in the manner and under
the conditions hereinabove provided and moneys for payment of the redemption price being held in
the Note Payment Fund by the Paying Agent and Registrar for the registered owners of the Notes
to be redeemed, (i) the Notes so called for redemption shall become and be due and payable at the
applicable redemption price provided for the redemption of such Notes on such date, (ii) interest on
the Notes so called for redemption shall cease to accrue, and (iii) the registered owners of the Notes
to be redeemed shall have no right in respect thereof, except for the right to receive payment of the
redemption price thereof.
Notwithstanding the foregoing, any optional redemption may be conditioned upon funds in
an amount sufficient to carry out such optional redemption being deposited with the Paying Agent
and Registrar on or before the applicable optional redemption date. Any failure to make such deposit
shall not constitute an event of default under this Note Ordinance, and in such event, the optional
redemption shall be cancelled. If the City knows in advance of any optional redemption date that
the necessary deposit will not occur, the City shall either (i) in the case of a Public Offering, notify
the Paying Agent and Registrar with instructions to give notice to the registered owner of the Notes
so called for redemption of the cancellation of the optional redemption, or (ii) in the case of a Limited
Public Offering, give such notice directly to the registered owner of the Notes so called for optional
redemption.
Section 16. Execution and Delivery. The Notes shall be duly executed by the manual,
facsimile, or electronic signature of the Mayor and duly attested by the manual, facsimile, or
electronic signature of the City Cleric If the Notes are sold in a Public Offering, they shall also bear
the manual authenticating signature of an authorized representative of the Paying Agent and
Registrar. The Mayor and City Clerk are further authorized and directed (a) to deliver the Notes to
the Purchaser thereof in accordance with the terms and conditions provided in this Note Ordinance,
the Award Certificate, and the winning bid therefor; (b) to receive the proceeds for the Notes; and
(c) to execute and deliver such certificates and other closing documents and take such other action
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as may be necessary or appropriate in order to effectuate the proper issuance, sale, and delivery of
the Notes.
Section 17. General Obligation. The Notes 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 Notes and the interest thereon. During the period the Notes are outstanding, there shall be
and there hereby is levied on all of the taxable property in the City, in addition to all other taxes,
without limitation as to rate, a direct tax annually in an amount sufficient to pay the principal of and
interest on the Notes 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 hereby is, ordered to be
computed, certified, levied, and extended upon the tax duplicate and shall 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 that
other lawfully available funds of the City are available for the payment of the Notes and are
appropriated for such purpose, the amount of such direct 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 18. 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 Notes remain
outstanding. The funds derived from the tax levy required by Section 17 hereof or any other lawfully
available funds of the City shall be placed in the Sinking Fund and, together with interest collected
on the same, are irrevocably pledged for the payment of the principal of and interest on all notes
issued by the City under the General Obligation Act and all Tax -Supported Leases, as defined in the
General Obligation Act, as and when the same become due and payable. Funds on deposit in the
Sinking Fund shall be transferred to the Note Payment Fund at the times and in the amounts required
by Section 19 hereof.
Section 19. Other Series -Specific Funds and Accounts
(a) Note Payment Fund. There is hereby created and established with the Paying Agent
and Registrar a note payment fund in the name of the City to be designated as the "City of Paducah,
Kentucky General Obligation Notes, Taxable Series 2026A — Note Payment Fund" (the "Note
Payment Fund"), into which the City covenants to deposit, and into which the Authorized Officers
of the City are hereby authorized and directed to deposit, from the City's General Fund, on or
before the twenty-fifth day of the month which precedes an Interest Payment Date, the amount
required to pay all principal and interest due on the Notes on such Interest Payment Date. If the Notes
are sold in a Public Offering, the Note Payment Fund shall be held, maintained, and administered
by the Paying Agent and Registrar. If the Notes are sold in a Limited Public Offering, the City
shall hold, maintain, and administer the Note Payment Fund as the Paying Agent and Registrar. The
Paying Agent and Registrar shall, without further authorization from the City, withdraw from the
Note Payment Fund, on each Interest Payment Date, the amount necessary to pay the principal and
interest due on the Notes to the registered owners thereof. If the designation of the Notes is revised
in accordance with Section 3 hereof, the name of the Note Payment Fund shall also be revised to
match the final designation of the Notes.
The Paying Agent and Registrar is hereby appointed depository of the Note Payment Fund
with respect to the Notes.
If the City fails or refuses to make any required deposit in the Note Payment Fund from the
Sinking Fund, the Paying Agent and Registrar shall (i) notify any agency or political subdivision of
the Commonwealth of Kentucky that may collect and distribute taxes or revenues for the City to
seek any available remedial action, (ii) upon being indemnified against all costs and expenses,
exercise any remedy provided in the General Obligation Act or any other remedy provided at law or
in equity, for the benefit of the owners of the Notes or their assignees, and (iii) disburse all funds so
collected to the registered owners of the Notes as payment for any amounts due on such Notes. If
the Notes are sold in a Limited Public Offering, the registered owner of the Notes may take these
actions if the City fails to perform such actions in its capacity as the Paying Agent and Registrar
for the Notes.
(b) Cost of Issuance Fund. There is hereby created and established with the Paying Agent
and Registrar a special cost of issuance fund in the name of the City to be known as the "City of
Paducah, Kentucky General Obligation Notes, Taxable Series 2026A — Cost of Issuance Fund"
(the "Cost of Issuance Fund"), into which the City covenants to deposit, and into which the
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Authorized Officers are hereby authorized and directed to deposit a portion of the proceeds of the
Notes in an amount sufficient to pay, together with other available monies of the City deposited
therein, all costs incurred in connection with the issuance of the Notes. The Paying Agent and
Registrar shall, upon receipt of appropriate written direction from an Authorized Officer, withdraw
from the Cost of Issuance Fund such amounts as are necessary to pay the costs of issuance of the
Notes and shall pay such costs in accordance with such directions.
Section 20. Disposition of Note Proceeds. The proceeds of the sale of the Notes shall be
deposited, together with any other available funds of the City, as follows: (a) accrued interest and a
rounding amount, if any, shall be deposited in the Note Payment Fund; (b) an amount sufficient to
pay all or a portion of the costs of issuing the Notes, including any proceeds designated for the
payment of the costs of credit enhancement on the Notes, shall be deposited in the Cost of Issuance
Fund; and (c) the remainder of the proceeds shall be deposited in a special construction fund hereby
directed to be created and established, to be designated as the "City of Paducah, Kentucky General
Obligation Notes, Taxable Series 2026A — Construction Fund" (the "Construction Fund"), which
shall held by the construction fund depository designated in the Award Certificate and used for the
acquisition, construction, installation, and equipping of the Project.
Section 21. Sale of Notes; Award Certificate. The Authorized Officers of the City are
hereby directed to sell the Notes to the Purchaser at advertised, competitive sale. The City shall
comply with all applicable requirements of Chapter 66 and Chapter 424 of the Kentucky Revised
Statutes by advertising for bids for the purchase of the Notes. Upon the advice of the Municipal
Advisor, the Notes may be sold in a Public Offering or a Limited Public Offering, depending on
which method results in the greatest benefit to the City, as shall be determined by the Municipal
Advisor at the time of advertising the sale of the Notes.
(a) Sale by Public Offering. If the Notes are sold via a Public Offering, the Award
Certificate shall establish the final terms of the Notes, including the final Maturity Date, the Interest
Payment Dates, the aggregate principal amount, the interest rate or rates, and the optional
redemption dates with respect thereto, as well as the identity of the Paying Agent and Registrar and
all other necessary items described herein. Each Authorized Officer of the City is hereby authorized,
without any further action by the Board of Commissioners, to execute the Award Certificate
establishing the terms of the Notes and the identity of the Paying Agent and Registrar.
A form Notice of Note Sale has been prepared in advance by Dinsmore & Shohl LLP, as
bond counsel for the Notes ("Note Counsel"), which form is hereby approved and authorized for
use in connection with advertising the sale of the Notes.
A form of the Official Terms and Conditions of Note Sale, including an Official Bid Form,
has also been prepared in advance by Note Counsel in connection with the marketing and sale of
the Notes, which provides specific instructions (including conditions not recited herein) calculated
to ensure uniformity in the bidding for the Notes, which forms are hereby approved and authorized,
subject to such modifications, in accordance with the provisions and intent of this Note Ordinance,
as may be determined by the Municipal Advisor, and which forms shall be executed by an
Authorized Officer and furnished to interested bidders who may request it.
All actions previously taken by the City with respect to the preparation of any instruments and
the distribution of such information by the City as shall be necessary in connection with the public,
competitive sale of the Notes, including the preparation and distribution of a Preliminary Official
Statement and final Official Statement, which Preliminary Official Statement and Official
Statement shall be deemed final by the Mayor in accordance with Rule 15c2-12 of the Securities
and Exchange Commission, are hereby ratified and approved.
(b) Sale by Limited Public Offering. If the Notes are sold via a Limited Public Offering,
the Award Certificate shall establish the final terms of the Notes, including the final Maturity Date,
the Interest Payment Dates, the aggregate principal amount, the interest rate or rates, and the optional
redemption dates with respect thereto, in addition to the identity of the Paying Agent and Registrar
(if not the City) and all other necessary items described herein. Each Authorized Officer is hereby
authorized, without any further action by the Board of Commissioners, to execute the Award
Certificate establishing the terms of the Notes and the identity of the Paying Agent and Registrar
(if not the City). The Notes shall be awarded to the respondent who provides the best response to the
Request for Proposals prepared for the City by the Municipal Advisor and not necessarily to the
respondent who provides the lowest bid. In evaluating the responses to the Request for Proposals,
the City shall consider the following criteria, which criteria are not exclusive: (i) the net interest cost
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to the City achieved by the financing in accordance with the terms proposed by each bidder; (ii)
the complexity of the legal structure and administration of the financing proposed by each bidder;
(iii) the closing fees and charges to be charged by each bidder; (iv) the optional redemption and
prepayment premiums, conditions, and restrictions to be imposed by each bidder; and (v) any other
material terms and conditions to be required by each bidder that impact the value or effectiveness
of the issuance of the Notes for the City. Bidders shall be limited to institutions or persons having
knowledge and experience in financial and business matters who are capable of evaluating the
merits and risks of the Notes, who are not purchasing for more than one account, and who do not
intend to redistribute the Notes. To the extent deemed necessary by the Municipal Advisor, the City
hereby approves the execution of any necessary documents related to the solicitation for the purchase
of the Notes (collectively, the "Limited Offering Documents"), which Limited Offering Documents
shall be prepared by the City, Note Counsel, or the Municipal Advisor in the usual and customary
form, and hereby approves the distribution of such Limited Offering Documents to potential
bidders. Upon an application from any prospective bidder for the Notes, the City shall furnish any
material information about the City and its finances as may be reasonably requested, but no official
statement or similar documents will be provided in connection with the sale of the Notes.
On the date the City awards the Notes to the Purchaser, the City and the Purchaser shall
execute and deliver a Loan and Note Purchase Agreement in substantially the form attached hereto
as Exhibit B (the "Purchase Agreement"). The Authorized Officers are hereby authorized and
directed to execute and deliver the Purchase Agreement on behalf of the City, substantially in the
form set forth in Exhibit B attached hereto, with such changes therein as the Authorized Officers
executing such Purchase Agreement on behalf of the City shall approve, such approval to be
conclusively evidenced by their execution and delivery thereof.
Section 22. Appointment and Duties of Pang Agent and Registrar. If the Notes are sold
in a Public Offering, the Authorized Officers of the City shall appoint a financial institution to
serve as paying agent and registrar in the Award Certificate (the "Paying Agent and Registrar"). If
the Notes are sold in a Limited Public Offering, the City shall serve as the Paying Agent and
Registrar, which designation shall be memorialized in the Award Certificate, and the City shall
maintain a record of the ownership of the Notes using the form of the Register attached hereto as
Exhibit C. The Paying Agent and Registrar shall maintain a complete and current record of each
Note issued, the name and address of each registered holder of the Notes, and any such additional
information as may be required for compliance with applicable laws and regulations. In addition
to the foregoing, the Paying Agent and Registrar will also make all payments of principal of and
interest on any Note as provided herein.
If the Notes are sold in a Public Offering, the Mayor and the City Clerk are hereby
authorized to execute and deliver a Paying Agent Agreement to be entered into by and between
the City and the Paying Agent and Registrar (the "Paying Agent Agreement"). The form of the
Paying Agent Agreement shall be approved by an Authorized Officer of the City in the Award
Certificate.
If the Notes are sold in a Public Offering, the City hereby authorizes and directs the Paying
Agent and Registrar to authenticate each of the Notes and to deliver the Notes to the Purchaser
upon payment of the purchase price thereof.
The following provisions of this paragraph and the immediately following paragraph shall
apply only if the Notes are sold in a Public Offering: The recitals of fact contained herein and in
the Notes shall be taken as the statements of the City, and the Paying Agent and Registrar assumes
no responsibility for the correctness of the same. In addition, the Paying Agent and Registrar makes
no representations as to the validity or sufficiency hereof or of any Notes issued hereunder or with
respect to the security afforded by this Note Ordinance, and the Paying Agent and Registrar shall
not incur any responsibility with respect thereto. The City shall, however, be responsible for its
representations contained in the Notes. Further, the Paying Agent and Registrar shall not be under
any responsibility or duty with respect to the issuance of the Notes for value, the application of the
proceeds of the Notes, or the application of any moneys paid to the City in connection with the
issuance of the Notes. Unless properly indemnified, the Paying Agent and Registrar shall be under
no obligation or duty (a) to perform any act which would involve it in any expense or liability, (b) to
institute or defend any suit with respect hereto, or (c) to advance any of its own moneys. The Paying
Agent and Registrar shall be protected in acting upon any notice, resolution, request, consent, order,
certificate, report, opinion, bond, or other paper or document believed by it to be genuine and to have
been signed or presented by the proper party or parties. The Paying Agent and Registrar may consult
with counsel, who may or may not be counsel to the City, and the opinion of such counsel shall be
full and complete authorization and protection with respect to any action taken or suffered by it
hereunder in good faith and in accordance therewith. Whenever the Paying Agent and Registrar shall
deem it necessary or desirable that a matter be proved or established before taking or suffering any
action hereunder, including the payment of moneys out of any fund, such matter (unless any other
evidence with respect thereto is specifically prescribed herein) may be deemed to be conclusively
proved and established by a certificate executed by an Authorized Officer, and such certificate shall
be full warrant for any action taken or suffered by the Paying Agent and Registrar in good faith under
the provisions of this Note Ordinance and in accordance therewith, but, in its discretion, the Paying
Agent and Registrar may, in lieu thereof, accept other evidence of such fact or matter or may require
such further or additional evidences as it may deem reasonable. Except as may be expressly provided
otherwise herein, any request, order, notice, or other direction required or permitted to be furnished
by the City to the Paying Agent and Registrar in accordance with any provision hereof shall be
sufficiently executed if executed in the name of the City by any Authorized Officer.
The Paying Agent and Registrar may become the owner of any of the Notes, with the same
rights it would have if it were not the Paying Agent and Registrar. The Paying Agent and Registrar
and any other commercial banking institution may act as depository for, or permit any of its officers
or directors to act as a member of, or in any other capacity with respect to, any committee formed
to protect the rights of registered holders or to effect or aid in any reorganization growing out of the
enforcement of the Notes or this Note Ordinance, whether or not any such committee shall represent
the holders of a majority in principal amount of the Notes then outstanding.
Section 23. Continuing Disclosure. If the Notes are to be sold in a Public Offering, the
City shall, before the issuance of the Notes, execute a continuing disclosure undertaking (whether in
the form of an agreement or certificate) dated the date of issuance and delivery of the Notes (as
may be amended from time to time in accordance with the terms thereof, the "Continuing Disclosure
Undertaking"). The City hereby covenants and agrees that it will comply with and carry out all of
the provisions of such Continuing Disclosure Undertaking. Notwithstanding any provision of this
Note Ordinance to the contrary, the failure of the City to comply with the Continuing Disclosure
Undertaking shall not be considered an event of default under this Note Ordinance; however, any
holder of a Note, if the Notes are sold in a Public Offering, may take any action as may be necessary
to obtain specific performance by a court order to cause the City to comply with its obligations
under the Continuing Disclosure Undertaking. If the Notes are sold in a Limited Public Offering,
the City shall comply with any requirements contained within the Purchase Agreement requiring the
periodic disclosure of financial information.
Section 24. 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 Notes:
(a) The failure to pay the principal of any Note when due and payable, either at
maturity or by proceedings for redemption;
(b) The failure to pay any installment of interest on any Note as and when the
same shall become due and payable or within thirty days thereafter; and
(c) The default by the City in the due or punctual performance of any other of
the covenants, conditions, agreements, or provisions contained in the Notes or this Note
Ordinance.
Upon the occurrence of an event of default as defined above, any of the registered holders
of the Notes may, by suit, action, mandamus, or other proceedings at law or in equity, enforce and
compel performance by the City and its officers and agents of all duties imposed or required to be
performed by law or by this Note Ordinance, including the levying and collection of sufficient
taxes and the application thereof in accordance with the provisions of this Note Ordinance.
Section 25. Defeasance. The City reserves the right, at any time, to cause the pledge set
forth in this Note Ordinance securing the Notes to be defeased and released by paying into an
escrow fund an amount sufficient, when invested (or sufficient without such investment, as the case
may be) in direct obligations of the United States government having such maturities as to assure
the availability in such escrow fund of an adequate amount, (a) to call for redemption and to redeem
and retire such Notes, both as to principal and as to interest, on the next or any optional redemption
date, including all costs and expenses incurred in connection therewith, and to pay all principal and
interest that shall become and be due on such Notes to and on such date, or (b) to pay all principal
and interest requirements with respect to such Notes as the same mature, without redemption in
advance of maturity. The Board of Commissioners of the City shall make the determination of
whether to defease the Notes in accordance with clause (a) or (b), or both. If the defeasance of the
Notes is to be accomplished in accordance with clause (a) above, the City shall take all steps
necessary to give appropriate notice of the redemption of such Notes on the applicable redemption
date. Upon the proper amount of United States government obligations being deposited in an escrow
fund and pledged in accordance with this Section, the pledge set forth in this Note Ordinance
securing such Notes shall be automatically and fully defeased and released without any further
action.
Section 26. Contractual Nature of Note Ordinance. The provisions of this Note Ordinance
shall constitute a contract between the City and the holders of the Notes, and after the issuance of
the Notes, no change or alteration of any kind in the provisions hereof shall be made, except as
provided herein, until such time as all of the Notes and the interest thereon have been fully paid or
defeased; provided, however, that (a) the Board of Commissioners may adopt an ordinance or
resolution (i) to evidence the succession of another bank or trust company as Paying Agent and
Registrar, (ii) for any other purpose not inconsistent with the terms hereof which shall not impair the
security of the holders of the Notes, 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 Notes 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 Note Ordinance shall not be so modified in any
manner that may adversely affect the rights of any holders of the Notes without similarly affecting
the rights of all holders of the Notes or to reduce the percentage of the holders of the Notes whose
consent is required to effect a further modification.
Section 27. Filing. The Authorized Officers are hereby authorized to undertake and cause
all filings which may be required by law to be filed by the City in connection with the issuance of
the Notes, including, without limitation, the filing with the State Local Debt Officer required by
law.
Section 28. Further Actions. In connection with the undertaking and implementation by
the City of the plan of financing described herein, which plan of financing is hereby expressly
directed, the Authorized Officers of the City are hereby authorized and directed to take and carry out
such further actions as are necessary, desirable, or appropriate to effect such plan, including
executing and delivering a financial advisory services agreement with the Municipal Advisor.
Section 29. Discharge of Note Ordinance. If the City shall pay or cause to be paid, or
there shall otherwise be paid, to the owners of the Notes, the total principal and interest due or to
become due thereon through the final maturity of the Notes, in the manner stipulated therein and
in this Note Ordinance, then the pledges made hereunder and all covenants, agreements, and other
obligations of the City hereunder shall thereupon cease, terminate, and become void and shall be
discharged and satisfied.
Section 30. Severability. If any one of the provisions of this Note 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 of this Note Ordinance and shall not affect
the validity of such other provisions.
Section 31. Inconsistent Actions. All prior ordinances, resolutions, orders, or parts thereof
inconsistent herewith are hereby repealed.
Section 32. Open Meetings Compliance. The City hereby finds and determines that (a)
all formal actions relative to the adoption of this Note Ordinance and the issuance of the Notes
were taken in open meetings of the Board of Commissioners of the City, and (b) all deliberations of
the City and of its committees, if any, which resulted in such formal actions, took place while such
meetings, after proper notice, were open to the public, in compliance with all applicable legal
requirements, including Sections 61.810 through 61.850 of the Kentucky Revised Statutes.
Section 33. Rules of Construction. The singular form of any word used herein shall
include the plural, and vice versa. The use herein of a word of any gender shall include correlative
words of all other genders. Unless otherwise specified, the word "including" shall mean "including,
without limitation," the word "or" shall mean "or," and the word "any" shall mean "any and all."
Unless otherwise specified, references to Articles, Sections, and other subdivisions of this Note
-10-
Ordinance are to the designated Articles, Sections, and other subdivisions of this Note Ordinance
as originally executed. The words "hereof," "herein," "hereunder," and words of similar import
refer to this Note Ordinance as a whole. The captions or headings in this Note Ordinance are for
convenience only and in no way define, limit, or describe the scope or intent of any provisions or
Sections of this Note Ordinance. Exhibits A, B, and C attached hereto are hereby incorporated by
reference into this Note Ordinance and constitute a part hereof.
Section 34. Effective Date. This Note Ordinance shall become effective immediately
upon adoption and publication of a summary thereof, as provided by law.
[Signature page to follow]
SIGNATURE PAGE TO NOTE ORDINANCE
INTRODUCED AND PUBLICLY READ ON FIRST READING ON JULY 28, 2026.
PUBLICLY READ, ADOPTED, AND APPROVED ON SECOND READING, THIS
AUGUST 11. 2026.
Attest:
By: C CA/l l d
Lindsay Parish, 6ity Clerk
CIT
CERTIFICATION
I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of
the City of Paducah, Kentucky, and as such City Clerk, I further certify that the foregoing is a true,
correct, and complete copy of a Note Ordinance duly enacted by the Board of Commissioners of
the City at a duly convened meeting held on August 11, 2026, on the same occasion signed by the
Mayor as evidence of his approval, and now in full 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 August 11, 2026.
Lindsay Paris4 City Clerk
-11-
EXHIBIT A
TO
NOTE ORDINANCE
FORM OF NOTES
[IF A PUBLIC OFFERING]
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.
[IF A LIMITED PUBLIC OFFERING]
LIMITATION ON RESALE. This Note and the issue of which it is a part have not been registered under the Securities Act of
1933, as amended. This Note cannot be resold or transferred without registration under the Securities Act of 1933, as amended, or
unless an exemption therefrom is available.
Number R -
Interest Rate
Registered Owner:
Principal Amount:
UNITED STATES OF AMERICA
COMMONWEALTH OF KENTUCKY
CITY OF PADUCAH, KENTUCKY
GENERAL OBLIGATION NOTE,
TAXABLE SERIES 2026A
Maturity Date
September 1, 2029
Date of
Original Issue
[If a Public Offering — Cede & Co.]
Dollars
, 2026
[If a Public Offering —
CUSIP]
[695309 1
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 set forth above
(or, if any part thereof has been paid, the balance thereof remaining unpaid), on the Maturity Date
specified above, and to pay interest on the Principal Amount (or, if any part thereof has been paid,
the balance thereof remaining unpaid) from the Date of Original Issue set forth above, payable on
each March 1 and September 1, commencing March 1, 2027, at the Interest Rate per annum
identified above, calculated on the basis of a 360 -day year with twelve 30 -day months, except as the
provisions set forth herein with respect to prior redemption may be and become applicable hereto.
The Principal Amount of and interest on this Note are payable, without any deduction for exchange,
collection, or service charges, in lawful money of the United States of America. [If a Public
Offering — The Principal Amount of and interest on this Note shall be payable by wire transfer
from [Paying Agent Name], [Paying Agent City], [Paying Agent State] (the "Paying Agent and
Registrar") to Cede & Co., New York, New York, as nominee of The Depository Trust Company,
New York, New York, the Securities Depository.] [If a Limited Public Offering — The Principal
Amount of this Note is payable upon the presentation and surrender of this Note to the City at 300
South 5th Street, Paducah, Kentucky 42003. All interest on this Note payable prior to the Maturity
Date shall be paid by check or draft drawn upon the City, as Paying Agent and Registrar, and
mailed to the Registered Owner hereof, as of the record date, at the address shown on the
registration books kept by the City, as Paying Agent and Registrar. The record date shall be the
fifteenth day of the month preceding each interest payment date.]
This Note is one of an issue of Notes of like tenor and effect, except as to denomination
and maturity, numbered from R-1 upward, inclusive, of the denomination of [If a Public Offering
— $5,000] [If a Limited Public Offering — $1,000] or any integral multiple thereof, originally
aggregating [ I dollars ($r]) in principal amount, issued for the purposes of financing all
A-2
or a portion of the costs of the acquisition, construction, installation, and equipping of a
commercial building and related furnishings and equipment for the public purpose of promoting
economic development within the City ( the "Project'); (ii) paying capitalized interest on the
Notes, if desirable; (iii) financing all or a portion of the cost of credit enhancement on the Notes,
if any; and (iv) financing all or a portion of the costs of issuance of the Notes, all under and in full
compliance with the general laws of the Commonwealth of Kentucky, 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 August 11, 2026 (the "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 Note 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
NOTE IS CONTINUALLY SECURED BY THE FULL FAITH, CREDIT, AND TAXING
POWER OF THE CITY.
The Notes mature on September 1, 2029 in an aggregate principal amount of $[Par], and bear
interest at an interest rate per annum of [1%.
[INSERT ANY OPTIONAL REDEMPTION REQUIREMENTS]
At least thirty days before the redemption date of any Notes, 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 Notes to be redeemed, at their
addresses as they appear on the registration books kept by the Paying Agent and Registrar, but
failure to mail any such redemption notice shall not affect the validity of the proceedings for the
redemption of any Notes 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 of the Notes being
payable by their terms on a single date then outstanding shall be called for redemption, the
distinctive number or letters, if any, of such Notes 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 Note Payment Fund by the Paying Agent and Registrar for the registered owners of the
Notes to be redeemed, (i) the Notes so called for redemption shall become and be due and payable,
at the redemption price provided for the redemption of such Notes on such date, (ii) the interest on
the Notes so called for redemption shall cease to accrue, and (iii) the registered owners of the Notes
to be redeemed shall have no right in respect thereof except to receive payment of the redemption
price thereof.
Notwithstanding the foregoing, any such 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 a deposit shall not constitute
an event of default under this Note or the Ordinance, and in such event, the redemption shall be
cancelled. [If A Public Offering — If the City knows in advance of an applicable redemption date
that the necessary deposit will not occur, the City shall notify the Paying Agent and Registrar with
instructions to give notice to the registered owner of the Notes so called for redemption of the
cancellation of the redemption.][If A Limited Public Offering — If the City knows in advance of
an applicable redemption date that the necessary deposit will not occur, the City shall notify the
registered owner of the Notes so called for redemption of the cancellation of the redemption.]
No recourse shall be had for the payment of the Principal Amount of or the interest on this
Note or for any claim based hereon against any officer, agent, or employee, past, present, or future,
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 Note.
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 Note, or in the creation of the obligations
of which this Note is evidence, have been done, have occurred, and have been performed in regular
ISG'
and due form and manner as required by law; (ii) that the full faith, credit, and taxing power of the
City are hereby irrevocably pledged for the prompt payment of the Principal Amount hereof and
the interest hereon; (iii) that the repayment obligation represented by this Note is not in excess of
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 Note as it falls due and to
provide for the redemption of this Note at maturity or upon earlier redemption.
[Signature page to follow]
SIGNATURE PAGE TO TAXABLE SERIES 2026A NOTE
IN WITNESS WHEREOF, the City has caused this Note to be executed in its name by the
manual, facsimile, or electronic signature of the Mayor of the City and attested by the manual,
facsimile, or electronic signature of the City Clerk of the City, all as of the date set forth above.
Attest:
13
CITY OF PADUCAH, KENTUCKY
as
Mayor
City Clerk
[IF A PUBLIC OFFERING]
CERTIFICATE OF AUTHENTICATION
This is to certify that this Note is one of the Notes described hereinabove.
Date of Authentication:
ASSIGNMENT
Authorized Signature
[Paying Agent Name],
Paying Agent and Registrar
The following abbreviations, when used in the inscription on this Note 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:
M
(please print or typewrite social security number or other identifying number and name and address of transferee)
the within Note and does hereby irrevocably constitute and appoint
or its successor as Paying Agent and Registrar to transfer the Note on the
books kept for registration thereof with full power of substitution in the premises.
Signature guaranteed:
(Type or Print Name)
(Signature)
NOTE: The signature of the assignor 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-5
EXHIBIT B
TO
NOTE ORDINANCE
FORM OF NOTE PURCHASE AGREEMENT
(FOR USE WITH LIMITED PUBLIC OFFERING NOTES ONLY)
$[Final Par]
CITY OF PADUCAH, KENTUCKY
GENERAL OBLIGATION NOTES, TAXABLE SERIES 2026A
NOTE PURCHASE AGREEMENT
[Award Date]
Hon. George P. Bray, Mayor
City of Paducah, Kentucky
300 South 5th Street
Paducah, Kentucky 42003
Ladies and Gentlemen:
In response to the solicitation of the City of Paducah, Kentucky (the "City"), the
undersigned (the "Purchaser") has previously submitted its proposal dated [Proposal Date] (the
"Proposal"), and the Purchaser hereby offers to enter into this Note Purchase Agreement (this
"Agreement") with the City for the purchase by it and sale by the City of the Notes of the City
described below. This offer is made subject to acceptance by the City before the Closing (as
hereinafter defined), and upon acceptance, this Agreement shall be in full force and effect in
accordance with its terms and shall be binding upon both the City and the Purchaser.
1. Upon the terms and conditions and upon the basis of the representations set forth
herein, the Purchaser hereby agrees to purchase from the City, and the City hereby agrees to sell
to the Purchaser, the City's General Obligation Notes, Taxable Series 2026A, in a principal amount
of $[Par], to be dated [Closing Date] (the "Notes"). The Notes have been authorized by an
ordinance adopted by the Board of Commissioners of the City on August 11, 2026 (the
"Ordinance"), which Ordinance sets out the terms of the Notes. The Notes shall mature as to
principal and shall bear interest as set out in the Ordinance and the Award Certificate executed by
the Mayor of the City on [Award Date] (the "Award Certificate" and, together with the Ordinance,
the "Authorizing Legislation"). Reference is made to the Authorizing Legislation for a further
description of the Notes.
2. The City shall deliver to the Purchaser, or cause to be delivered to the Purchaser,
after acceptance hereof by the City, at or before the Closing (as hereinafter defined), an executed
or certified copy of the Authorizing Legislation and any other documents required to be delivered
under the terms of the Authorizing Legislation and this Agreement.
3. On [Closing Date], at 10:00 a.m. (local time), at the offices of the Purchaser in
�] (the "Closing"), the City will deliver to the Purchaser the Notes, as a single Note in fully
registered form, as provided in the Authorizing Legislation, registered to the Purchaser and duly
executed by the City, together with all other documents required by Note Counsel, Dinsmore &
Shohl LLP, Louisville, Kentucky, and the Purchaser will accept such delivery of the Notes and
will pay the City the purchase price thereof, by wire transfer or by any other manner acceptable to
the City and Note Counsel, for application in accordance with the provisions of the Ordinance.
The Notes will be made available for examination by the Purchaser at or before the Closing.
4. The Purchaser has entered into this Agreement in reliance upon (a) the representations
and agreements of the City contained herein and in the Authorizing Legislation and (b) the
performance by the City of its obligations hereunder and thereunder, both as of the date hereof and
as of the date of the Closing. The Purchaser acknowledges and represents that the Notes are being
sold and originally issued to the Purchaser, as a fully knowledgeable purchaser, and that the Notes
are not being publicly distributed. The Purchaser has knowledge and extensive experience in
financial and business matters, including the purchase of securities for investment, and is capable
of evaluating the merits and risks of investment in the Notes and is able to bear the economic risks
of such investment in the Notes. No official statement or prospectus has been prepared by the City
in connection with the sale of the Notes to the Purchaser and, in purchasing the Notes, the
Purchaser is acquiring the Notes solely upon investigation independently made by it into the
financial condition of the City and the information regarding the City already furnished to or
known to the Purchaser. The Purchaser understands that the Notes are payable solely from the
sources set forth in the Ordinance. The Purchaser has received and reviewed all of the
documentation described herein related to the issuance of the Notes and has further received all
materials and information requested by it in connection with the issuance of the Notes. The
Purchaser represents that it is purchasing the Notes for its own account and not with any intention
of resale or distribution thereof, and further represents that any future transfer or sale of the Notes
by the Purchaser to others will be carried out only on the basis of compliance with the requirements
of the laws and regulations which are applicable to any such action, upon the advice of counsel.
Notwithstanding the foregoing, the Purchaser may participate with other banks in the benefits of
its ownership of the Notes, provided that the City's obligations under the Ordinance and the Notes
shall extend only to the Purchaser. The City hereby represents and warrants to the Purchaser that,
to the City's knowledge, the materials and information provided by the City to the Purchaser
described in this Paragraph are true and accurate; provided, however, that no such representations
or warranties are made with respect to forward-looking statements or financial projections
contained therein.
5. The Purchaser's obligations under this Agreement are and shall be subject to the
following further conditions:
(a) At the Closing, the Authorizing Legislation and other related documents
shall be in full force and effect and shall not have been amended, modified, or supplemented,
except as may have been agreed to in writing by the Purchaser;
(b) At the time of the Closing, the Purchaser shall receive:
(i) any documents referred to in Paragraph 2 of this Agreement;
(ii) the approving opinion of Note Counsel, dated as of the date of
Closing, to the general effect, among other things, (A) that the Notes are a valid
general obligation of the City, secured in the manner provided in the Ordinance;
and (B) that, based on certain representations, warranties, and covenants of the City,
the interest on the Notes is not included in gross income for Kentucky income tax
purposes;
(iii) any commitment, closing, or bank counsel fee described by the
Purchaser's bid for the Notes;
(iv) an opinion of counsel for the City in form satisfactory to the
Purchaser and Note Counsel; and
(v) such additional certificates, opinions, or other documents as the
Purchaser or Note Counsel may reasonably require to evidence (A) the accuracy,
as of the Closing, of the representations and warranties of the City contained in the
documents related to the issuance of the Notes and (B) the due performance and
satisfaction by the City, at or before the Closing, of all agreements then to be
performed and all conditions then to be satisfied by the City;
(c) The Purchaser shall have the right, before the Closing, to cancel its obligations
to purchase the Notes if, between the date hereof and the time of Closing, (i) trading in
securities generally on the New York Stock Exchange shall have been suspended or
minimal prices shall have been established on such Exchange by the United States
Securities and Exchange Commission or by such Exchange; or (ii) a general banking
moratorium shall have been declared by federal or state authorities; and
(d) The conditions of the bid submitted by the Purchaser shall have been met
by the City to the satisfaction of the Purchaser.
6. The City will furnish to the Purchaser, or cause to be furnished to the Purchaser, by
the February 1 immediately following the end of each fiscal year of the City, beginning with the
IM
fiscal year ending June 30, 2026, the City's audited financial statements for the fiscal year ending
the immediately preceding June 30.
7. If the City shall be unable to satisfy the conditions precedent to the Closing set forth
in Paragraph 5 hereof, the Purchaser may elect to terminate this Agreement, and thereafter, neither
the Purchaser nor the City shall have any further obligations hereunder.
[Signature page to follow]
SIGNATURE PAGE TO NOTE PURCHASE AGREEMENT
IN WITNESS WHEREOF, the City and the Purchaser have caused this Note Purchase
Agreement to be executed in their respective corporate names by their duly authorized officers, all
as of the date first written above.
[PURCHASER NAME]
LIM
Title:
Accepted this [Award Date].
CITY OF PADUCAH, KENTUCKY
Mayor
EXHIBIT C
TO
NOTE ORDINANCE
FORM OF NOTE REGISTER
(FOR USE WITH LIMITED PUBLIC OFFERING NOTES ONLY)
This register is kept and maintained by the City of Paducah, Kentucky (the "City"), for
registration of the principal of and stated interest on its General Obligation Notes, Taxable Series
2026A (the "Notes") and for registration, exchange, or transfer of the Notes in accordance with
the Note Ordinance duly adopted by the Board of Commissioners of the City on August 11, 2026.
..sem,.
or
Transferred'd
to Note(s)
Wn
rri��Hm
C-2
EXHIBIT C
TO
NOTE ORDINANCE
FORM OF NOTE REGISTER
(FOR USE WITH LIMITED PUBLIC OFFERING NOTES ONLY)
This register is kept and maintained by the City of Paducah, Kentucky (the "City"), for registration of the principal of and stated interest on its General Obligation Notes,
Taxable Series 2026A (the "Notes") and for registration, exchange, or transfer of the Notes in accordance with the Note Ordinance duly adopted by the Board of Commissioners of
the City on August 11, 2026.
Notes
Number
Exchanged
or
Transferred
to Note(s) ,
No.
Exchanged or
Transferred from
Note(s)No. r
Initial
Principal
Pace Amount
Name and Address of
Registered Owner
Date of
Registry
Signature of Registrar
R-1
N/A
N/A
$
Purchaser Name[Closing
Date
C-1