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HomeMy WebLinkAboutOrdinances Book 10, Page 960, No Ordinance Number960 Ali ORDINA14CE AUTHORIZING W D PROVIDING FOR `['Illi ISSUANCE OF OME HUNDRED AHD '.[TNENTY-SEVEN `l1iOU3AND DOLLARS ($127,000.00) OF 1105PITAL REVEIRIE BONDS OF TIIE CITY OF PADUCAH PURe3UANT TO KRS 216.080 to 216.240 FOR THE PURPOSE OF PAYING AMD RETIRING AN OUTSTANDING I::SUE OF ONE HU MRED AND T.713"177 -SEVEN THOUSA,!D DOLLARS (i;;127,000.00) OP SAID CITY' 3" THREE & THREE-FOURTHS PERCENT (3 3/4;;) 11031ITAL REVE1Us: BONDS AUTHORIZED 13Y A:I OI1DI:iA_C3 PA33131) AIID ADPROVED Oil OCTOBEP. 22, 1940; PRESCRIBING Tl[E ;0114 OF SAID 00IIDS AND OF TIIE COUPONS TliLitETO ATTAClIED; PROVIDING FOR THE COLLECTIO11,3EGRIEGATIOM Ai?D DISTRIBUTION OF TIIE REVENUE 0? SAID H031'ITAL; PROVIDING FOP, T[[ SAFEGUARD21 , PROTECTING AUD PAYING OF SAID BOIiDS; DIRECTING THE CIT 1.1ANAGER TO ADVERTISE AIiD HOLD A PUBLIC COMPETITIVE SALE OF SAID FONDS; A17D PROVIDiiIG FOR T11E APPLICATIOU OPTHE PROCEEDS OF SALE TO THE PURPOSE SET FORTH HEREIN WHEREAS, the City of Paducah, in icCracken County, I:entucky, a Kentucky municipality of the second class, has hereto- fore by ordinance passed and approbed on July 13, 1939, established and provided for the maintenance and operation of the Paducah Municipal Hospital in said 'City; and JHEREAS, by an ordinancepassed and anprobed on October 22, 1940,s aid City authorized and thereafter issued its 3-3/4% City of Paducah 1!unicipal Hospital Revenue Eonds dated October 1, 1940, in the a2tregate principal sura of ',7150,000.00, for the purpose of refunding outstanding bonds and constructing improve- ments and additions to said hospital; and, WHEREAS, it is the desire of said City to refund the outstanding Q127,000.00 in principal amount of Siad 1940 bonds by the issuance of a like amount of hospital revenue refunding bonds, pursuant to Kentucky iievised Statutes 216,080 to 216,240; and, 'WHEREAS, the issuance of such refunding bonds is ex- pressly authorized by KRS 216.190: _ NOVI, THEREFORE, THE BOARD OF COi:4iSI3SIONER3 OF TIIE CITY OF PADUCAH, KENTUCKY, DOES ORDAIN AS FOLLOI`•WS: Section 1: That pursuant to Zrs 216.080 to 216.240, said City shall pay and retire ;;127,000.00 outstanding of an original issue of ,t';;150,000100 3-3/4.' "City of Paducah liunicipal Hospital Revenue Bonds" dated October 1, 1940, and for the purpose of providing funds for such payment there shall be and there are hereby authorized to be i: -,sued, one hundred and twenty- seven (127) bonds of the City of Paducah to be known as "City of Paducah Municipal Hospital Revenue Refunding Bonds" in the aggregate principal sum of One Hundred and Twenty-seven Thousand Dollars (;'3127,000.00), to be dated as of the first day of April, 1944, to be numbered consecutively from one (1) to one hundred and twenty-seven (127), inclusive, to be of the denomination of I� One Thousand Dollars(,e'1,000.00) each, to bear interest at the rate of three percent (3%) per annum, payable semi-annually on 961 the first day of April and October in each year, commencing October 1, 1944, evidenced by coupons attached to said bonds, and subject to the right of prior redemption as hereinafter provided, to mature in numerical sequence on October 1st. $7,000.00 1944 9,000.00 1945 8,000.00 1946 9,000.00 1947 7,000.00 1948 92000.00 1949 8,000.00 1950 0,000.00 1951 7,000.00 1952 9,000.00 1953 8,000.00 1954 to 1958, inclusive 5,(-"00.00 1959. The City of Taducah expressly reserved the right to redeem on any interest payment date all or any of the bonds hereby authorized, provided that unless all of the outstanding bonds are to be redeemed, the bonds shall be called for redemption in their inverse numerical order and that notice shall be -iven to the holders thereof by publication, specifying the numbers of the bonds to be redeemed, in a nevrspaper of Zeneral circulation in Paducah, Kentucky, at least thirty (30) days prior to the rcdemp- tign date specified in such notice, and provided further that on the redemption date, the City of Paducaa shall nay to the hhlders of the bonds so called the face amount thereof, to,ethor w—,th accrued and unpaid interest to the redemption date, plus a premium oil 34% of the face amount if redeemed prior to ripril 1, 1949, ?z? if redeemed on or after April 1, 1949, and prior to npril 1, 1954, and no premium if redeemed on or after April 11 1954. Such publication shall be held and regarded as full and sufficient notice, the holder or holders of any of the bonds issued,pursuant to this ordinance shall be bound by this provision and after such redemption -date all further interest shall cease on bonds included in such notice and for which provision for payment has been made. 8ot� the principal of and interest on said bonds shall be payable at the office of the Citizens Savings Bank in the City of Paducah, Kentucky. Said bonds shall be sinned by the I:ayor of said City and sealed with the 'corporate seal of said city, attested by the City Clerk, and interest coupons attached to said bonds shall be executed with the facsimile signatures of said Mayor and said City Clerk. All of said bonds, togetlier with interest thereon, shall be payable solely out of the "Paducah Municipal Hospital 1fond and Interest Redemption lilund" hereinafter referred to and out of the fixed amount of the gresa revenues of said hospital pledged to said fund. Section 2. That said bonds and coupons shall be in substantially the followinti form, to-t,It: (Form of Bond) UNITED STATIeS OF AMZRICA CO1i1:1O1i"1';AL`'w! 011" KLidTUCI,( COUIi'Ff 0: IXCRACTMIT CITE Oi PADUCAII IaUNMI PAL H03'ITAL REVE TU Le RN UVDII?G BOND f rl, 000. UO KN0�1 ALL ?J01 BY `ViIESF, Pj:,E3i.:."P3: That the City of Pad :rah in the county of VcCraciten in the Commonwealth of "Ientucky, ac:noc+ledges itself to owe and for value received hereby promises to nay to the bearer, the suii of One Thousand Dollars (:1,000.00) on the first day of October, 19_, and to pay interest on said sum from the date he_eof until paid or until this bond shall be called for pa�micr_t at the rate of three percent (311) per annum, payable semi-annually on the first days of -April and October in each year, beginning October 1, 1944, upon the presentation and surrender of the annexed interest coupons as the Same severally* mature, both principal and interest being payable at the office of the Citizens Sabhgs Pank in the City of Paducah, -Kentucky. Said City hereby reserves the right, at its option, to redeem this bond on any interest maturity date upon thirty dayst published notice by the payment of the face amount hereof and accrued interest, plus a premium of 3,';v of the face amount if redeemed prior to April 1, 1949, 2&1 if redeemed on or after April 1, 1949, and prior to April 1, 1954, and no premiwi if redeemed on or after ^pril 1, 1954, after which redemp- tion date all further interest on this bond shall cease. This bond is issued by said City pursuant to an Ordinance duly enacted, for the purpose of refunding a prior bond issue under and in full compliance with the provisions of KMS 216.080 to 216.240. This bond is one of an issue of bonds numbered consecutively from 1 to 127, aggregating the principal sum of .,6127,000.00, which are payable only from and secured by an exclusive pledge of a fixed amount of the gross income and revenues to be derived from the 963 operations of the Paducah i.!unicipal hospital, which amount shall oe sufficient to pay the principal hereof and interest hereon as and when the same shall become due and payable, and which shall be set aside as a special fund for that purpose and identified as th= "Paducah•Iaunicipal Hospital fond and Interest Redemp- tion Fund" and this bond does not constitute an indebtedness of the City of Paducah :within the meaning of any constitutional provisions or limitations. The City of Paducah covenants that it will fix such rates for hosnital services and will colledt and account for the income and revenues from such hospital as will Ice sufficient to nay promptly the principal of and interest or. this bond and the issue of which it forms a Part, as the same shall become dne. This bond shall be fully negotiable and is not subject to taxation_ in the Cornmonwealth of Kentucky. A statutory mort,-are lien, which is hereby rc- coZnized as valid and binding on said hospital, to;ethHr with the improvements and appurtenances heretofore or hereafter added thereto, is creatce.. and -ranted to and in favor of the holder or holders of this 'bond and the issue of which it forms a.part and of any of the coupons attached to said bonds, and said hospital and all improvements and appurtenances thereof and extensions hereto shall remain subject to such statutovy mort^arrre lien until payment in full of the principal of and -interest on this bond and the issue of which it forms a part. IT I3 HEREBY CERTIFIED, RECITED ACID DECLARED that all acts, conditions and things required to exist, happen, and be performed, precedent to and in the issuance of this bond, do exist, have happened and have been performed in due time, form and manner, as required by law, and that the amount of this bond, together with all other obligations of said.Cit,r, does not exceed any limitation prescribed by the constitution or statutes of the Commonwealth of Kentucky,* and that a sufficient amount of the income and revenues of said hoonital has been pledged to and will be sot aside into said special fund by said City for the prompt payment of the principal of and interest on this bond and the issue of which it forms a part. 9Cn III VITi;EaS tiJIIERLOF, the City o: i aducah has caused this bond to be siCned by its duly authorized. ?.layer and its corporate seal to be hereto affixed, attested by its duly authorized City Clerk, and the coupon's hereto attached to be executed with the fac- simile siCnatures of said Nayor and said City C1e5k, ,which officers, by the execution of this bond, do adopt as and for their own proper signatures, their respective facsimile signatures appearing on said coupons, all as of the first day of April, 14fl4. Cil of Paduc; it, Kentucky (SEAL) ATTEST: CITr CLERK City of laducah, Kentucky (Form of Coupon) Bond ISo. Coupon No. 1-15.00 On the first day of , 39 , the City of Paducah, Kentucky, will pay to the 'bearer, out of its "Iaducah I-:unicipal hospital Dond and Interest Redemption I•und" the sum of ;15.00 at the office of the Citizens Savin.gs Bank, Paducah, Kentucky, being sir, months interest then due on its municipal hosiiital revenue refundinC bond dated ypril 1, 1944. Cit,;//of Padacait, Kentucky City r, erk, City of Paducah, Kentucky Section 3. That from and after the delivery of any bonds issued under the provisions of this ordinance said ;.uri- cipal Hospital shall be operated on a fiscal year basis, the first fiscal period boCinning April 1, 1944, and ondinC 3epteraber 30, 1944, and thereafter on an annual basis commencing October lnt of each year and ending Santcmber 30th of the succeeding year, and on that basis the income and revenues of said r.,uni- cipal Hospital of the City of Paducah shall be set aside into a separate and special fund to be used for the retirement of the aforesaid bonds in providinC a depreciation fund for said hospital(, 965 and in maintaining and operating said hospital as follows. to -wit: That there shall be and there is herebj recognized and continued in force an account heretofore created with the Citizens Savings Bank and known as the "Paducah Municipal IIospital Lend and Interest Redemption Fund" into which, in .addition to the fujds now on deposit in said account, which shall aggregate not less than the sum of x17,243.77 as of -pril 1, 1944, there shall be set aside from the gross Weems and revenues of said Municipal hospital such amount thereof as will be sufficient to pay the in- terest on and the principal of the bonds hereby authorized, and to accumulate a contingency fund as a safeguard against any possible default Cro:•:ing out of the continLenc'_:s unforseen and beyond the control of the City of Paducah. The additional amounts necessary to be set aside into said fund are hereby determined, as follows: Fiscal year ending Principal Interest To be set ?Balance September 30th. Maturing Maturing aside into at end of year 1944 (17,000 Q1,905 ,4, 657.4II i12, 973.25 1945 9,000 3,600 11,200.00' 11,570.25 1946 8,000 3,330 11,937.50 12,183.75 1947 9,000 3,090 10J37.50 10,731.25 1948 7,000 2,020 11,375.00 12,206.25 1949 9,000 2,610 .10,075.00 10,751.25 1950 8,000 2,340 10,812.50 11,223.?5 1951 9,000 2,100 9,512.50 9,636.25 1952 7,000 1,830 10,250.00 11,056.25 1953 9,000 1,620 8,950.00 9,386.25 1954 8,000 1,350 9,687.50 9,723.75 1955 8,000 1,110 8,387.50 9,001.25' 1956 8,000 870 9,125.00 9,256.25 1957 8,000 630 7,825.00 8,451.25 1958 8,000 390 5,OOS.75 5,150.00 1959 5,000 150 - 1 The amount of which any such payment in any fiscal year exceeds the aggregate amount of interest on and principal of said bonds becoming due in such year, shall be held in said Redemption Fund as a reserve for contingencies, and used solely as herein provided. Provided, however, that no further payments need be made into said Redemption 14nd when the amount held therein is equal to the entire amount of interest and prmncipal that will be payable at the time of the call or maturity of all of the bonds then remaining oltstand,inr,. If in any fiscal year the City shall for any reason fail to pay into said Redemption Fund the amounts above stipu- lated, then an amount equivalent to such deficiency shall be set apart and paid into said rund out of the first available gross revenues of the following year or years, and the same shall be in addition to the amounts otherwise herein provided to be so 966 set apart and paid during such succeeding year or years. 1111 moneys held in said fund shall be deposited in 40 Citizens ravings Bank, Paducah, Kentucky, and all such deposits shall be continuously secured by insurance from the nederal D.posi Insurance Corporation, or by a valid pledge of direct obli-rations of the United States of America havin,- an equivalent market value or shall be invested in direct obli;•ations•of the United States ::overnniont, provided, however, that the board of Commissioners of the City of Paducah, or the L`.unicipal hospital Commission, hereafter referred to, shall make sale of a suL'ficient amount of such obli1,iations to meet interest and principal payments becoming due in such year. Such payments into said i,und, as nearl as practicable, shall be made in equal monthly installments, on the 1st day of each month, and in the event the income and revenues during any one month are inadequate to.make the required payment into said Pun(':, the deficiency shall be made up and paid as aforesaid from the first income and revenues thereafter received, and same shall be in addition to the payments otherwise provided to be made in such succeeding month or months. The "Paducah i.iunieipal Hospital Pond and Interest Redemption 1,und", as aforesaid, shall be used solely and wholly for and is hereby e;xlusivZjly pledged to the purpose of paying, the principal of and interest on the bonds herein authorized to be 1.;sued. In the event the City of Paducah shall fail or neglect or refuse, for any reason, to make the payments into the "'Paducah municipal Hospital Bond and Interest Redemption Fund" in the amounts,at the times and in the manner above set forth, then the holders of 25,E of the aggregate principal amount of the bonds then outstanding may elect to declare the entire outstanding indebtedness immediately due and payable and may proced to the enforcement of the security rights created and provided for the Protection of the bondholders by this ordinance and by the pro- visions Of IMS 216.080 to 216.240. Three (50) percent of the balance of the income and revenues romaininZ after the aforesaid payments into the Redemp- tion Fund shall be set aside to a fund to be known as the "Faducah Municipal llos;ital Depreciation Fund", and shall be de- ' posited in a separate account in said Citizens Savin,s Bank and shall be expended in making good any depreciation of said hospital and the making of any extensions, additions.or replace- ments to the property, the Loard of Commissioners of Paducah 967 hereby finding and determining that such proportion of the. balance of the income and revenues is sufficient for said purpose. Any accumulations of such "Paducah Municipal Hospital I.opreciation Fund" may be invested in direct obligations of the United States Government, Clarrants of the Commonwealth of Kentucky, Kentucky Bridge Revenue Bonds, or Paducah Municipal Hospital Revenue Refunding Bonds, as the "Eunicipal Hospital Commission", herein after created, may designate, and if invested, the income from the investments shall be carried in the "Paducah 14unicipal Hospital Depreciation Fund", and said fund shall not be used for any purpose other than as herein provided. Ninety -Seven (97;") percent of the balance of the income and revenues remainin^ after the payments into the Bond and Intere t Redemption Fund shall be set aside and used for the reasonable and proper operation and maintenance of said L:unicipal Hospital, the j%oard of Commissioners of the City of Paducah hereby finding and determininu that such proportion of such balance is necessary for such operation and maintenance of said hospital, but not in excess of the amount required for said purpose. Section 4. That while the bonds authorized hereunder, or any of therp, remain outstanding and unpaid, the rates for all services rendered by said hospital to said City and to its citizens or others shall be reasonable and just, takini into account and consideration the cost and value of said hospital, and the cost of maintaining and operating the same, and the proper and necessary allowances for depreciation thereof, and the amounts necessary for the retirement of all bonds and the accruing interes on such bonds as may be sold and are unpaid under the provisions of this ordinance, and there shall be chav8ed against all users of said hospital, including said City, such rates and amounts for hospital services as shall be adequate to meet the requirements of this and the preceding sections hereof. Any hosbital services rendered to the City shall in like manner be charged against the City, and payment for same shall be made from the corporate funds monthly into the special fund created by this ordinance as other income and revenues of said hospital, and shall be apportioned to operation and maintenance, depreciation, and bond and interest redemption funds as other income and revenues. Insofar as is consitent with the laws of Kentucky, said City agrees that so long as any of the bonds hereby authorize remain outstanding it will cause proper books of record and account to be kept, separate and apart, from all other municipal records and accounts, showing complete and clear entries of all 968 transactions relating to said hospital, and the holder of any of said bonds shall have the right, at all reasonable times, to inspect the system and all records, accuunts, and data of the City relating thereto. Section 5. That said City herety covenants and agrees with the holder or holders of the bonds herein authorized to be issued, or any of them, that it will faithfully and punctually perform all duties with reference to said hospital, required by the constitution and laws of the Common -wealth of Kentucky, in- cluding the making and collecting of reasonable and sufficient charges for hospital services rendered by said hospital, and will segregate hhe revenues of said hospital and make application thereof into the respective funds created by t'nis ordinance; and the City hereby irrevocably covenants, binds, and obligates itself not to sell, lease, mortgage or in any manner dispose of said hospital, includin-, any and all extensions and additions that may be made thereto, except the martSage as provided in .lection 6 hereof, until all the bonds herein authorized to be issued shall have been paid in full, both principal and interest, and the City further covenants and agrees with the holders of said bonds to maintain in good condition and continuously operate said hospital, and to charge and colledt such rates and charges for hospital service renderdd thereby, so that the -oras revenues will be sufficient at all times to provide for the payment of the operation and maintenance thereof and maintain the depreciation fund and the bond and interest redemption fund as provided herein. Section 6. That for the further protection of the holders of the bonds herein authorized to be issued and the coupons thereto attached, a statutory mortgage lien upon said hospital and all properties connected therewith and appurtenances thereto is granted and created by KRS 216.1:0, which said statu- tory lien is hereby recognized and declared to be valid and binding upon the City of Paducah, and upon all the properties constituting the hospital of said City, as provided by law, and shall take effedt immediately upon the delivery of any bonds authorized to be issued under the provisions of this ordinance. Any holder of said bonds, or of any of the coupons, may, either at law or in equity, by suit, action, mandamus, or other proceed- inEs, protect and enforce the statutory mortgage lieh hereby con- ferred, and may by suit, action, mandamus, or other proceedings, enforce and compel performance of all the duties required by said statute, including the making and collecting of sufficient rates and the segregation of the income and revenues and the application thereof. 069 If there be any default in the payment of the principal of or interest on any of said bonds, then upon the filin3 of a suit by any holder of said bonds, or of any of the coiupons, any court having jurisdiction of the action may appoint a receiver to administer said hospital on behalf of the City, with power to charge and collect rates sufficient to provide for the payment of any bonds or obligations outstandirn against said hospital, an for the payment of the operating expenses, and to apply the income and revenues in confirmity wittz this ordinance and the provisions of KRS 216.080 to 216.240. Section 7. That the bonds authorized to be issued hereunder and from time to time outstanding shall not be entitled to priority one over the other in the application of the revenues of said hospital, or with respect to the statutory mortgage lien securing their payment, regardless of the time ov time3 of their issuance, it being the intention of the -board of Coimnissioners that there shall be no priority among the bonds authorized to be issued under the provisions of this ordinance, regardless of the fact that they may be actually issued and delivered at different times, and provided further that the lien and security of and for any bonds or obliations hereafter issued that are payable from the income and revenues of said hospital shall be subject to the priority of the bonds hereby authorized as may from time to time be outstanding. Section 8. That for the further protection of the holders of the bonds herein authorized to be issued, and for the Protection of the city's interest in said I:':unicipal hospital, the City hereby covenants with the holders of said bonds and of the coupons thereto attached that so long as any of the indebtedness represented by said bonds or coupons remains outstanding and un- paid, the City of Paducah will procure and maintain Insurance upon the properties enbraced in the statutory martgage lien above referred to, by which such properties will be continuously in- sured in good and solvent insurance companies against loss or damage by fire, windstorm and other natural hazards, such insur- ance to be in an amount at all times at least equal to the then unpaid balance of the indebtedness represented by the bonds and coupons herein authorized. The policy or policies of such in- surance shall be written in the name of the City of Paducah and/or the "Paducah IBunicipal Hospital Commission" (hereinafter referred to) as the -Ir interest may a;pear; and each of such policies shall bear an endorsement by which the insurance company 970 issuing the same accepts notice of the existence of the statutory mortgage lien existing in favor of the bondholders with respect to the insured property; but such endorsements shall expressly provide that any loss of damage occurrin;; thereunder shall be adjusted with and payable solely to the City of aducah and/or the "Paducah Vun icipal Iospital Commission" and tho respective insurance companies shall be under no obligation to consult with, adjust with or pay to the said bondholders or any of them, and shall be under no oblL7ation to I,ok to the proper application of the proceeds of any payment or settlement properly made to the City of Paducah and/or the "Paducah I::unicipal Iospital Cam:;ission", Section 9. In the event of any lo:3s or damage to the Paducah runicipal Hospital within the terms of any such policy or policies of insurance above referred to, the City cove- namts and agrees with the holders of tho bonds and coupons herein authorized that the proceeds of such insurance shall be devoted exclusively ti the replacement or' reconstruction of the property so damaged or destroyed so that the same shall be restored to a condition at least as good as existed pa,ior to such loss or damage; and in the event the proceeds of such insurance should -e insuf- ficient to complete and pay for all such loss or damage, the City of Paducah covenants and agrees that it will appropriate and pro- v&de a sufficient additional sum to complete and pay for the same; provided, however, that if the proceeds of such insurance shall be sufficient to enable the City of Paducah to call in and pay all the bonds then outstanding, to -;ether with accrued interest to the date of call, in the manner provided by this ordinance, then the City of (aducah may, at its election and option, use such funds to call in, pay, cancel and retire all of the outstandin bonds in lieu of replacin_;, reconstructing or restoring such loss or damage. Section 10. By the terms and provisions of Section 9 of the ordinance passed and approved on July 13, 1938, above re- ferred to, there was created and established in accordance with the requirements and provisions of KRS 216.240, a commission to be knov.,n as the "Paducah &tunicipal Hospital Commission", Said commission and the terms and provisions of said ordinance relat- ing thereto are hereby expressly continued in full force and effect and this ordinance shall not be construed to repeal or supersede any of the provisions of Jection 9 of said ordinance of July 13, 1930. 971 Section 11. That the bonds heroin authorized to Le is shall be offered for sale at a public competitive sale to be held on Saturday, Lfarch 25, 1944, at the hour of 10;00 A.!'., in the office of the City Manager in and of the City of Paducah. Said City Manager is hereby designated and appointed as a committee of one to advertise and conduct said sale and to accept for and on behalf of the City of Paducah such bid as may conform to the terms and conditions hereafter set forth and as may appear to said City I,Ianager to be the best bid received for said bonds. The City L:anager of the City of Paducah is hereby directed to prepare and cause to be published in a now.9paper of �e:,oral cir culation in the City of Paducah, Kentucky, at least one week prior to the date above fixod for said sale, a notice in words and figur substantially as follows: "::OTIC); OP LO::D GALE "The Board of Commissioners of the City of=aducah, McCracken County, Kentucky, hereby gives notico that on Saturday, i"arch 25, 1044, at 10:(,0 h.!:., In the offiee of the City I..anager in and of the City of 2aducah, sealed com- petitive bids will be redeived for ,127,000.00 principal amount of ?City of "aduca.h !:unicipal llospital Revenue Bonds?, being one hundred and txenty-seven (lP7) bon..'.s of the denomin- ation of ,1,000.00 each, nw:ii;�red consecutively from ortc (1) to one hundred and tironty-seven (127) inclusive, dated April 1, 1944, and maturinZ. serially on October lot-. .;7,000.00 in the year 1944, :;9,000.00 in the year 1945, .;;£3,000.00 in the year 1946, `;9,000.00 in the year 1947, 7,000.00 in the year 1948, ,•9,000.00 in the year 1949, .;8,000.00 in the year 1950, :;9,000 in the year 1951, ;:7,000.00 _n the year 19,92, .,:9,000.00 in the year 1953, :;;0,000.00 in each of the years 1954 to 1958, inclusive. and ;r5y:000.00 in the year 1959, . l.tlr coupons attached for the semi-annual nayment of intcrost at the rate of three (3;;) percent per annum. The bonds will be callable in their inverse numerical order at par and accrued interest, plus a premium of 3 1/2;,' .-of the face amount if redcened prior to April 1st, 1949, 2 1�2p; if redeened on or after April 1, 1949, and prior to April 1, 1954, and no preniun if redeemed of or after April 1, 1954. Said bonds are to be sold subject to t principal of and the interest on said bonds not ;,ein-- subject to Federal or Y,entue'_ty ad valorem or income taxation on the date of their delivery to the successful purchaser. ?gull de- tails concernin.- the bonds and cor.cernin.- the terms and con- ditions of the sale can be obtainod by addressing the City Manager of the City of Paducah. aids not con_orminL to the terms and cinditions of the sale will not be considered, "By order of the Board of Commissioners. City Mana,er of the City of Paducah, Kentucky." The sale of said bones shall be held pursuant to the followinl; terms and conditions, to�:ether with any other terms and conditions not inconsistent herewith, as may be prescribed in writin-1 by the said Cit y Yanager: 1. All bids shall be for all of the bonds.-idders Will of for a dollar price and :rill not :,id on an interest cost iasis or in any other manner r::iich re miires computation to detormine which is the hi hest and best bid. In addition to the dollar price specified by the bidders, the purchaser ;will be oblitred to pay accrued interest on the bonds from April 1, 1944, to the actual date of delivery and payrrrent. 2 -ids shall be for bonds bearing a coupon rate of 3; and no bid for bonds of any other coupon rate shall be considered or deemed to be in compliance with the terms and conditions of the sale. S. It is anticipated that the bonds will be ready for delivery within ten days atter the date of the sale Lut delivery is not 1,uarantded until April 1, 1944. 4. Bidders will have no expenso in connection -with the bonds. The approving legal opinion of :;t.iten E: Stites, attorneys of Louisville, Kentucky, will be furnished by the -City and ;rill accompany the bonds schen delivered without e.cpense to the purchaser. 5. Pads shall be accompanied by a cortiflod or bank c:ieck payable to the order of the City of Paducah in the sum of 2,000.00. The check of the succeas- ful bic;der will to cashed and held as a Guarantee of performance and the amount thereof will be credited upon the purchase price V!heti payment is made. All other chec';s will immne-iiately be rot:u�ned. 6. The Cit;; of Paducah esnressly reserve the richt to beject any and all biQs eschar for inadequacy of price or for failure to comply .ath the terris and con- ditions of tho sale or for any ot:ier reason deemed sufficient to the Cit;,-ana;-er who has been appointed and desi;-nated to conluct said sale by the —Board of Commissioners. The City t.:anager shall prepare a statement giving a brief description of the binds and settin;C forth the terms and conditions of the sale and shall furnish s -:ch statement to any interested bidders who may request the same. Section 12. That after the sealed competitive bids are received, the City "anager is authorized to reject any and all bids on behalf of the City of Paducah and is authorized to accept the bid which appears to him to be the hi3hest and best bid provided the same confo-rria to the tents and conditions of the sale and appears to the City Ilana�;er to be advantageous to the City of Paducah. In the evert the City I.:anager accepts any such bid, he shall promptly notify the maker of such bid in writinZ and such acceptance shall be binding upon title City of Paducah. Section 15. That the City Iuanager is authorized to pay to I.Iessbs • Stein bros &; Coyce, Almstedt Bros and 'the Bankers Bond Company the amount of compensation due to them undeb their contract with the City of Paducah and if the aforesaid firms are the purchasers of the bonds, the amount of said compensation may be credited upon the purchase Price when payment is made. After making the above mentioned payment to said firms, the City Manager ajiall deposit the .remainder of the new proceeds of sale with Citizens Savings Bank in the aforesaid bond redemption a coot All slims received at the time of delivery of the bonds alithorizod by this ordinance which represent accrued interest on t: -,e bonds authorized o,y this ordinance, shall be deposited in the "Paducah Iciunicipal Hospital Bond and Interest Rederiation Fund". 973 Section 14. That the provisions of this ordinance shall constitute a contract between the City of Paducah and the holders of the bonds herein authorized to be issued, and after the issuance of any of the bonds no change, variation, or altera- tion of any kind of the provisions of this ordinance shall be made in any manner, except as heroin provided, until such time as all of said bonds issued hereunder and the interest thereon shall have been paid in full. Section 15. That if any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity of such section, paragraph, clause or ;:rovision shall not affect any of the remaining provision: of this ordinance. Section 16. That all ordinances, resolutions and orders, or parts thereof, in cinflict with the provisions of this ordinance are to the extent of such conflict hereby repealed. Introduced an given first reading on march 7, 1944. Given second reading and finally passed and approved on 1.1arch 14th, 1944, to become effective ben days thereafter as provided by law. (SEAL) ATTEST: CITi CL3iK City of Paducah, Kentucky G ,__— ,ti On � rJ.t of Paducah, Kentucky