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HomeMy WebLinkAboutOrdinances Book 15, Page 673, No Ordinance NumberAN ORDINANCE PROVIDIN3 FOR THE A6WUISITION BY THE CITY OF PADUCAH, KENTUCKY, OF A BUILDING SUITABLE FOR USE AND OCCUPANCY FOR INDUSTRIAL PURPOSES, INCLUDING APPURTENANCES THERETO AND OF THE SITE UPON 11THICH SUCH BUILDING IS LOCATED, IN ORDER THAT SAID CITY I -AY BE PROVIDED ?•TITH FACILITIES FOR INDUCING INCREASED PRIVATE INDUSTRY IN THE COMMUNITY AS A MEANS OF AVOIDING AND CONSEQUENCES OF UV MPLOYI•ENT AND TO PROMOTE THE GENERAL V•'ELFARE OF SAID CITY, AUTHOR- IZING AND PROVIDING FOR THE ISSUANCE OF INDUSTRIAL BUILDING REVENUE BONDS IN CONNECTION TI12,;RZWITH VIIICH t-IILL BE PAYABLE SOLELY AVID ONLY FROM REVENUES AND RENTAL INCnM9E FROM SAID INDUSTRIAL BUILDING AND AUTHORIZING THE EXECUTION OF A CONTRACT OF LEASE AND RENT I:1HEREBY SAID BUILDING ?:'ILL PRO- DUCE REVENUES AND RENTAL INCOME SUFFICIENT TO PAY THE IN- TEREST ON AND PRINCIPAL OF SAID REVENUE BONDS AS THE SATE BECOME DUE. 1,JHEREAS, the City of .Paducah, a city of the second class, in McCracken County, Kentucky, is located in an agricultural section of the Commonwealth, and there does not exist a sound balance between agriculture, commerce and industry in that there is a surplus of unemployed factory workers in the City available for industrial employment, and it is necessary for,the general wel- fare and economy of the City of encourage the increase of industry, and .7HEREAS, Reliance Diecasting Company, a corporation of Paducah, Ken- tucky, has offered to utilize manufacturing facilities in or,near said City in such manner as to afford, at full capacity, substantially increased employment among such factory workers, provided said City acquires a building suitable for industrial purposes for the manufacture of products and will lease the same to said corporation upon terms which will be sufficient to pay the cost of the acquisition of said building and appurtenances and of the site upon which such building is located, together with the interest, insurance and maintenance charges, all as set forth in the terms and provisions of an agreed contract of lease and rent hereinafter identified, and Rupert Diecasting Company, a Missouri corporation, has guaranteed or will guarantee tl,e performance of all obligations of Reliance Diecasting Company i.n connection with the latter's agreement w-1th the City, and ?:HE EAS, the Board of Comrissicners of said City is of the opinion that the operation of a manufacturing plant as proposed will promote the general welfare of said City and all of its citizens and inhabitants, and ?.'HEREAS, under the provisions of the Constitution and laws of Kentucky, including particularly KRS Sections 103.200 to 103.285, inclusive, said City is authorized to acquire such industrial building with appurtenances and such site and lease the same as hereinafter proposed, and for the purpose of paying the cost of such acquisition, as well as expense incident thereto, is authorized as aforesaid to issue its revenue bonds, payable solely from the revanues and rental income derived from the project, all as hereinafter provided, NO'aI, THEREFORE, BE IT ORDAINED BY THE BOARD.OF C0M1:ISSI01':ERS OF THE CITY OF PADUCAH, KENTUCKY, AS F•OLLCI,',S: 674 Section 1. That in order to promote the general welfare of the City of Paducah, Kentucky, and its inhabitants by providing opportunities for permanent employment there shall be and there is hereby authorized to be acquired an existing building suitable for use and occupancy for industrial purposes, and the appurtenances thereto and the site upon which such building and appurtenances are located, hereinafter described. It is hereby found and declared that the acquisition of said site and building is for a public corporate purpose and that the leasing thereof to Reliance Diecasting Company, as hereinafter provided, is necessary for a solution of public problems as described in the preamble hereto. Said building and site, as hereinafter more particularly described, together with all improvements thereto and extensions thereof, are hereinafter sometimes referred to as the "Project." Section 2. That for the purpose of financing the cost of said Project there shall be and there are hereby authorized to be issued the negotiable Industrial Building Revenue Bonds of said Cit.; of Paducah in the aggregate amount cf X400.000 dated August 1, 1965, in the denomination of u1,000 numbered 1 to 400, inclusive, bearing interest at a rate or rates to be determined at the time of the public sale of such bonds, based upon competi- tive bidding, such interest to be payable February 1, 1966, and semi-annually thereafter on the fist days of August and February of each year, and said revenue bonds shall be scheduled to mature serially and in numerical order on August 1 of the respective years as follows: Year Principal Amount Year Principal Amount 1966 $12,000 1975 $24,000 1967 15,000 1976 26,000 1968 16,000 1977 27,000 1969 17,000 1978 29,000 1970 18,000 1979 30,000 1971 19,000 1980 32,000 1972 20,000 1981 34,000 1973 22,000 1982 36,000 1974 23,000 provided, however, all of said revenue bonds numbered 187 to 400, inclusive, as may be outstanding from time to time, shall be subject to redemption by said City prior to maturity as a whole, or in part in the inverse order of their maturity (less than all of a single maturity to be selected by lot), on any interest payment date on or after August 1, 1975, upon terms of par and accrued interest at the coupon rate to the redemption date, plus a redemption premium in an amount equal to two per cent of the principal amount thereof, if called for redemption on or prior to February 1, 1980, and one Per cent of the principal amount thereof if called for redemption thereafter and prior to maturity. Notice of any such redemption shall be given by Publication at least once not less than thirty days prior to the redemption 675 date, in a newspaper of general circulation throughout the Commoni•:ealth of ten- tucky. Both principal and interest shall be payable in lawful money of the United States of America at the principal office of The Paducah Bank, Inc., in the City of Paducah Kentucky. Each of said revenue bonds shall be executed or, behalf of said City of Paducah with facsimile signature cf the Mayor and attested by the manual signature of the City Clerk, and the corporate seal of said City shall be ipprinted thereon, and the interest coupons attached to such bonds shall be executed with the reproduced facsimiles of the signatures of said Mayor and said City Clerk. Said ravcnue bonds and the interest thereon shall not constitute an indebtedness of the City of Paducah within the meaning of the Constitution of Kentucky but shall be payable from and secured stalely and only by a pledge of the "Industrial Building Revenue Bonds Sinking Fund," hereinafter created, and shall be a valid claim of the holder or holders thereof only against said Fund and the revenues and rental income from said Project as same are hereinafter pledged to said Fund. Section 3. That said revenue bonds and interest coupons appertaining thereto shall be fully negotiable, provided, that upon presentation at the office of People's First National Bank and Trust Company, Paducah, Kentucky, the Trustee provided for hereunder, of any of said revenue bonds, same may be registered as to,principal, and such registration shall be evidenced by notation to that effect on the reverse side thereof by such Banc, after which no transfer shall be valid unless made at the request of the registered o ner, his legal representatives or assigns, on the books of said Bank and similarly endorsed thereon. Such registered revenue bonds may be so transferred to bearer, whereupon, full negotiability by delivery shall be restored, but they may again, from time to time, be registered or trans- ferred to bearer as before. Such registration of any of said revenue bonds shall not affect the negotiability by delivery only of the interest coupons thereunto appertaining. Section 4. That said revenue bonds and interest coupons and provisions for registration shall be in substantially the following form: (Form of Bond) UNITED STATES OF AMERICA COMMOWEALTH OF KENTUCKY COUNTY OF Me CRACKEN CITY OF PADUCAH INDUSTRIAL BUILDING REVENLC BOND No. 'P1,000 KN06;'ALL 1EN BY THESE PRESENTS, that the City of Paducah, a municipal corporation and political subdivision in the County of McCracken and Commonwealth of Kentucky, for value received, hereby promises to pay to the bearer hereof or, if this revenue bond be registered, to the registered holder hereof, but solely from the source and in the manner hereinafter provided, on the first day of August, 19 , the sum of One Thousand Dollars (;;1,000) and to pay interest on said sum from the date hereof at the rate of per cent ( %) per annum on February 1, 1966 and semi-annually thereafter on the first days of Lugust and February of each year until paid, except as the provisions herein- after set forth with respect to redemption prior to maturity may be and becoma applicable hereto. All such interest accruing on and prior to maturity hereof 676 is payable only on presentation and surrender of the respective annexed interest coupons, as they severally mature, and both principal and interest are payable in lawful money of the United States of America at the princiapl office of .The Paducah Bank, Inc., in the City of Paducah, Kentucky. This revenue bond is one of an issue numbered 1 to 400, inclusive aggregating :;400,000 principal amount, authorized by ordinance duly adopted by the Board of Commissioners of said City pursuant to and in full conformity with the Constitution and laws of the Commonwealth of Kentucky, and particularly under the provisions of Sections 103.200 to 103.2853 inclusive, of Kentucky Revised Statutes, for the purpose of financing the cost of an industrial building for said City, all as more fully identified and provided in said ordinance. The revenue bonds numbered 187 to 400, inclusive, of said issue, as may be outstanding from time to time, are subject to redemption prior to matur- ity by said City at its option, as a whole or in part in the inverse order of their maturities (less than all of a single maturity to be selected by lot), on any interest payment date on or after August 1, 1975, upon notice given by publi- cation at least once not less than thirty days prior to the redemption date, in a newspaper of general circulation throughout the Commonwealth of Kentucky. Said revenue bonds shall be redeemable upon terms of par and accrued interest at the boupon nate* to- thb_-redeinption-data;:plus a redemption premium in an amount equal to two per cent of the principal amount there of, if called'for redemption on or prior to February 1, 1980, and one per cent of the principal amount thereof if called for redemption thereafter and prior to maturity. Said revenue bonds when thus called for redemption and funds for the retirement thereof are duly provided will cease to bear interest on such redemption date. This revenue bond shall be fully negotiable unless registered.as -to principal in the name of the holder on the books of Peoples First National Bank and Trust Company, Paducah, Kentucky, Trustee with reference.to such bonds, such registration being noted hereon by such Bank after which no transfer shall be valid unless made on said books and similarly noted hereon, but it may be discharged from such registration by being transferred to hearer, after which it shall be again negotiable by delivery. Such registration of this revenue bond shall not restrain the negotiability of the attached coupon; 1,;� aeli7A=; merely. This revenue bond and the issue of which it is a part are and will continue to be payable solely and only as to both interest, principal and re- derptior from and secured by a pledge of a sdffici=nt portion of the revenues and rental income derived from the operation of said industrial building pro- ject, which portion is required to be set apart and transferred to a special fund created for that purposo. It is provided by said Sections 103.200 to 103.285 inclusive, of Kentucky Revised Statutes and in the proceedings supporting this issue of revenue bonds that said City shall fix and maintain rates and collect charges for the use and occupancy of said industrial building project which Will provide revenues and rental income at least sufficient at all tires to pay the interest on and principal of said revenue bonds as the sane become due and to provide for the operation and maintenance of said project. This revenue bond does not constitute an indebtedness of said City within the meaning of the Constitution. of Kentucky, nor shall said City be obligated to pay this revenue bond or interest thereon except from the revenues and rental income from said industrial building project. Under a Contract of lease and Rent entered into between the City of Paducah, Kentucky, and Reliance Diecasting Company, the latter or such City has the right to withdraw, free and clear, of the security of the bonds of the issue of which this bond is a part, an unimproved portion of the site of such industrial building for use as the site for an addition to the original building or for a new building, with or without a party wall which may be a wall of the original building, all as is more specifically set out in the ordinance author- izing the issue of bonds, of which this bond is a part, and in such Contract of Lease and Rent. Each holder of bonds of the issue of which this bond is a part, by accepting and holding same, agrees that the be&. designated herein as the Trustee for this bond is authorized as his agent to execute a quitclaim deed upon his behal_*, conveying any title or claim he may have to such released land, to Reliance Diecasting Company or such City, as the case may be, if for, any reason it should be deemed necessary in order for such party 'to obtain good title to such land (although such action will not be necessary under the pro- visions herein and under the provisions governing such release). Neither this bond nor any appertaining interest coupons shall be valid cr obligatory unless this bond is authenticated by Peoples First National Bank and Trust Company, Paducah, Kentucky, as Trustee, its successor or successors, by the execution of the Trustee's Certificate endorsed hereon. It is hereby certified and recited that all acts, conditions --nd things required by the Constitution and lamas of Kentucky and the proceedings authorizing the issuance of this revenue bond, have happened, exist and have been performed as so required in order to make this a valid and legal revenue bond. IN ETITNESS i%'HEREOF, said City of Paducah,'Kentucky, has caused this revenue bond to be executed on its behalf with the reproduced facsimile signature of its Mayor, attested by the manual signature of its City Clerk, and reproduced facsimile of its corporate seal of said City to be imprinted hereon, and has caused the interest coupons hereto attached to executed by its Mayor and City Clerk by their reproduced facsimile signatures, all as of the first day of Au- gust, 1965. (Seal of City) Attest: City Clerk CITY OF PADUCAH, KENTUCKY BY (Form of Coupon) Number N On the first day of 19_, (unless the revenue ore reab bond described below shall have been theretofdeemle and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the City of Paducah, Kentucky, will pay to the bearer upon presentation hereof the amount shown hereon, in lawful money of the United States of America at the principal office of The Paducah Bank, Inc., Paducah, Kentucky, as provided in and being interest due that day on its Industrial Building Revenue Bond dated August 1, 1965, numbered Mayor City Clerk (Form for Registration of Ownership to Be Printed on the Back of Each Revenue Bond) I i I Date of Registered Signature of ! Registration In Y]hose Name Bond Registrar J (Fora of Trustee's Certificate) This is to certify that this bond is one of a series of authorized i bonds, numbered 1 through 400, in the aggregate principal amount of ;400,000, referred to in the within bond and in the ordinance authorizing same. PEOPLES FIRST RATIONAL BANK AND TRUST COMPANY Paducah, Kentucky By Authorized Officer Section 5. That upon the adoption of this ordinance the City Clerk is hereby authorized and directed to cause notice of the public sale of the bonds herein authorized to be published in the newspaper published in Paducah, Kentucky, 677 678 which has the largest circulation within such City, in The Courier -Journal, published in Louisville, Kentucky, and in The Bond Buyer, published in New York, New York, in order to comply with legal requirements. That prior to the time stated in such notice, sealed competitive bids may be filed with the City Clerk at the City Hall, Paducah, Kentucky, for the purchase of such bonds. Such notice shall provide that such bids shall be made on the form of Bid Form which may be obtained from the City Cleric or the City's Fiscal Agent. Such notice and such bid form shall be in the customary form and shall provide that the right is reserved to reject any and all bids. Such notice of sale may or may not provide for each bidder to furnish a certified or cashier's check as guaranty.of its good .faith. At or after the tirm stated in such notice, such proposals shall be opened and the successful bid shall be accepted by ordinance or resolution of the Board of Commissioners. Section 6. That the proceeds received through the issuance and sale of said revenue bonds shall be applied first to the expenses in connection with the issuance and sale of such bonds and then to the purpose of paying the other costs of said Project, provided, all sums received as accrued interest shall be promptly deposited in the "Industrial Building Revenue Bonds Sinking Fund" hereinafter created. There shall be paid by the City or by a bank acting as agent for the City, pursuant to directions of the Mayor or Treasurer of the•..Cftd, immediately upon the City or such agent receiving paymant for the bonds herein authorized, the full amount of the fee of The Kentucky Company for :its services as fiscal agent in assisting the City in connection with the issuance of the bonds herein authorized. Such fiscal agency fee shall be paid without any further authorization by anyone else and prior to the payment of any part of the proceeds of such bonds into the Sinking Fund or the acquisition fund herei.ng provided for. Such proceeds (less the amount paid to such fiscal agent and into such Industrial Building Sinking Fund) shall be deposited in an acquisition fund with the Trustee, or upon the directions of the Mayor and City Treasurer, shall be paid, in whole or in part as they may direct, to the Greater Paducah Indus- trial Development Association, Inc., upon delivery by that corporation of a deed of general warranty, conveying the property hereinafter described to the City. Notwithstanding any of the other provisions within contained, a conveyance of the property comprising such Industrial Building Project may be made to the City even though the improvements on such project are not complete whenever such 1;L00;000 of bonds are ready for delivery on any date on or after August 1, 1965, with such conveyance to be made not later than the time such bonds are taken up and paid for and thereafter, upon the completion of such project, amounts in such acquisition fund shall be converted into cash and used to the extent necessary to pay the cost of the completion of such project, with payment to be made to the order of Greater Paducah Industrial Development Association, Inc. 11henever there are amounts in the acquisition fund provided for herein, in the Sinking Fund provided for in Section 8 herein or in any other fund estab- lished by this ordinance, such Contract of Lease and Rent or otherwise in connection with such Project, which are not needed immediately for the purposes for which such fund or funds were established, such amounts which are not immediately needed may be invested in direct obligations of or obligations guaranteed by the United States Government or may be placed in interest-bearing deposits in a bank or banks, provided that the maturities of such obligations and the times when such interest nearing deposits may be withdrawn are such that the proceeds Of same will be avail- able at the time or times when same are needed for the purposes for which such funds are held, and provided further that all of such investments are first approved by the Lessee of such property, unless and until a court of competent jurisdiction shall rule that the requirement of such approval is unauthorized and invalid. Each cash deposit:by the City in any bank, whether or not such de- posit is an interest-bearing ore, to the extent that any deposit is in excess of the amount insured by the Federal Deposit insurance Corporation, shall be fully secured by a surety conpany or companies authorized and qualified to do business in Kentucky or by a pledge of obligations of the United States Government having at -all times a market value of not less than such amount in excess of the amount covered by such Federal >Iaposit Insurance Corporation insurance. All of such investments, as well as the income therefrom, shall be carried to the credit of the particular fund from which each was used to make such investments. As and when any such funds thus invested may be needed, a sufficient amount of such invsstreats, if necessary, shall be sold and converted into cash to the credit of the particular fund in which such investments are held. If full payment for acquisition of the project is not made immediately upon receipt of the proceeds from the sale of the bonds as hereinbefore provided, and any such proceeds are instead deposited in the acquisition fund hereinabove alternatively provided for, then all vouchers or orders for disbursements of such proceeds from the acquisition fund for the acquisition costs shall be approved by the Mayor and City Treasurer. Any surplus remaining after accomplishing the aforesaid purpose shall be paid into said "Indust:^al Building Revenue Bonds Sinking Fund.11 ?'?itlrout limiting the generality of the forego_ng term, "acqui- sitior, costs," such term '_ncludes the test of the plant and appurter-uices, in- cluding the site therefor, necessary legal fees in connection, with such Project, end all other necessary costs necessary to be incurred in connection with such Project. Reimbursement may be made to those 1.110 have already incurred necessary expenses in connection with such Project in contemplation of the issuance of the bonds herein authorized. 679 68o Section 7. The revenue bonds issued hereunder and from time to time outstanding shall not be entitled to priority ore over the other in the appli- cation of the revenues and rental income pledged to the payment thereof or with respect to the security for such payment, regardless of the time or times of their issuance, and any other revenue bonds or obligations hereafter issued tat are payable from the revenues or rental income of said Project shall be subject to the priority of the annual interest and Sinking Fund requirements in favor of the revenue bonds hereby authorized and from time to time outstanding. Section 8. That said Project shall be acquired and opened for use and occupancy by Reliance Diecasting Corporation as expeditiously as may be and shall, so long as any of the revenue bonds hereby authorized are outstanding, be oper- ated and maintained as a revenue-producing undertaking. It is hereby repre- sented that said Project will be acquired and opened for use on or before August 1, 1965, or as soon thereafter as possible and is located upon.a tract of land situated in McCracken County, Kentucky, described as follows: Beginning at a stake on the South side of the Paducah- Hink leville Gravel Road where a line known as Allen Lane intersects said road, said beginning point being the Northwest corner of the 50 acre tract of land out of which this tract is carved runs thence with the East line of said line South 3 degrees East 633 feet to a post in the North line of the Paducah -Illinois Railroad Company's right-of-way; runs thence with the North line of said railroad right-of-way South 70 degrees East to a stake in the :lest Line of T•larren Avenue there said point intersects the North line of said right-of-vay as shown by plat of same dated September 21, 1950, as made by H. F. Henson., Surveyor; thence North 3 degrees West a distance of approximately 714 feet to a stake in the South line of the Paducah-Ilinkleville Gravel Road; thence South 84 degrees Vest and with the South line of said Paducah-Hinkleville Gravel Road a distance of 375 feet to the point of beginning. Being the same land conveyed to Big Burley Realty, In- corporated, by James E. King and others, by deed dated July 9, 1958, and of record in Deed Book 397, page 190, in the N'cCracken County Court Clerk's office. It is the declared intention of the City to lease such Project to Reliance Diecasting Company for an extended period of years under a Contract of lease and Rent hereinbefore referred to the form of which shall provide sub- stantially as is provided in Exhibit A filed in the office of the City Clerk of the City prior to the time of the presentation of this ordinance to the Board Of Commissioners; provided, however, that the Conditional SaleJContract dated I•lay 1, 1;65, between Rupert Diecasting Company (the Guarantor under such Contract of Lease and Rent) and Reliance Diecasting Company (the Lessee under such Contract of Lease and Rent) filed in the office of the City Clerk and marked as Exhibit B, shall be considered as having its terms incorporated.into such Contract of Lease and Rent, and it is the declared intention of the City to treat such Conditional Sales Contract as being incorporated into such Con- tract of Lease and Rent as fully as if copied therein. The Mayor is hereby authorized to execute and acknowledge said Contract of Lease and Rent for and on behd.lf of said City, and the City Clerk is hereby authorized to attest same and affix thereto the corporate seal of said City. Said Contract of Lease and Rent and the proceeds thereof, including all monies received under its tens and conditions, are hereby declared to constitute reve- nues and rental income.from said Project and are hereby ordered paid into the "Industrial Building Revenue Bonds Sinking Fund," as hereinafter created and pro- vided. In said Contract of Lease and Rent the City has agreed that Reliance Diecasting Company, may at its option remit the required rental paym:.ntS there- under direct to the Trustee herein by check or checks payable to the order of said Trustee for deposit in said Sinking Fund, with advice to the City of such remittance, and such provision is hereby expressly approved. Said City of Paducah hereby covenants and agrees that so long as any of the revenue bonds hereby author- ized are outstanding it will preserve and enforce said Contract of Lease and Rent and such Conditional Sale Contract incorporated by reference therein in substan- tially the form as hereinbefore identified and trill not permit any change or varia- tion in the terms of the guaranty of hupert Diecasting Company, a Missouri corpor- ation, as set forth in such Contract of Lease and Rent. If for any reason. Re- liance Diecesting Company ceases to use and occupy said Project in accordance with the terms of said Contract of Lease and Rent, then the City covenants and agrees to cause said Project to be used and occupied by any other tenant or tenants that that may be determined to serve the general welfare of said City and that will agree to pay at least like rentals and otherwise carry out the obligations of said cor- poration as expressed therein. All revenues and rental income from said Project, together with any future extensions and improvements thereto, shall be kept separate and apart from all other funds of the City and shall be paid directly to such Trustee for the account of the City. It is hereby recognized that under the terms and provisions of the authorized use and occupancy of said Project by Reliance Diecasting Company, said corporation will, in addition to the cash rental payments, also pay the cost of maintenance and operation of said Project, and insurance premiums. For the purpose of paying the cost to said City of maintaining and operating said Project and the cost of insurance thereon, to the extent that such costs are not other- wise provided and paid, them may be withdrawn each month from said revenues and rental income after making the minimum payment into the "Industrial Building Revenue Bonds Sinking Fund," as hereinafter provided, such amounts as may be reasonably necessary for that purpose, and said City covenants and agrees that so long as any of the revenue bonds hereby authorized are outstanding it will cause said Project to be maintained, operated and insured, and to fix, charge and collect sufficient rentals for that purpose. The City further agrees to establish all funds and to take all action which may be required by YRS 103.200 through KRS 103.285. 681. 682 There shall be and there is hereby created a special fund to be known as the "Industrial Building Revenue Bonds Sinking Fund" (hereinafter sometimes called the "Sinking Fund"), into which there shall be set apart and paid each month from the revenues and rental income from the Project sufficient amounts to pay the interest on the revenue bonds as the 'same becomes due and to create a sinking fund to retire the bonds at or prior to maturity. All sums received as accrued interest shall be paid into the Sinking Fund, and in'addition it is hereby determined and agreed that commencing August 1, 1965, there shall beset apart and paid into the Sinking Fund from the revenues and rental income from the Project or from the excess bond proceeds remaining after acquisition of the Project, in equal monthly installments, the following minimum annual amounts:: During the Rental During the Rental Year Ending Total Annual Year Ending Total Annual July 31 Rental July 31 Rental 1966 $43,676.67 1975 ;;38,280.00 1967 45,956.67 1976 38,840.00 1968 46,056.67 1977 3$,280.00 1969 46,096.67 1978 38,660.00 1970 46,076.67 1979 37,920.00 1971 38,320.00 1980 38,120.00 1972 38,180.00 1981 37,976.65 1973 38,980.00 1982 -0- 1974 38,660.00 The foregoing schedule of minimum annual amounts to be paid into the Sinking Fund are stated on the assumed basis that the revenue bonds hereby authorized are sold to bear an interest rate of 6% per annum and in order to build up within five years from August 1, 1965, a reserve equal to the average armual principal and interest requirements on such bonds, based upon such assumed interest rate. Each annus! mintnam payment shall be automatically in- creased or decreased by the difference betwear. (1) the actual interest and principal requiraments on such bonds from t'_r-e to time outstanding and in order to maintain such reserve, in event less than :,400,000 of bonds, and/or such bonds are sold to bear interest at a rate or rates other than such assumad rate, and (2) the interest and principal requirements computed on the basis of the sale of ;'400,000 of bonds at 6 per annum plus such debt service reserve each year daring the first five years as aforesaid, computed on the basis of such 6 per annum interest rate. Such reserve equal to the average annual principal and in- Lerest requiraments on such bonds shell be estrblished and maintained at all times after Au nst 1, 1970, and shall be used only to nay the interest and prin- cipal on such bonds if for any reason there should be no other funds available for such purpose. If for any reason the amount of such raserve should have to be used to nay such interest on and principal of such bonds, such resarve Miall be re-established from the first revenues of such project aftar the payment of the other areeunts which are required to be paid into the Sinking Fund. 683 Notwithstanding any of the other provisions herein contained, any and all amounts which may be paid into said Sinking; Fund from any surplus left in the acquisition fund after the completion of the acquisition of such project shall be credited to the amounts which would otherwise be due from the Company, the initial .lessee, and shall reduce the amounts of such rental paynnnts to the extent of such surplus in such Sinking Fund. - . Notwithstanding any of the other provisions herein contained, no further payments need be made into said Sinking Fund when and so long as the amount there- in is sufficient to retire all of the revenue bonds then outstanding payable therefrom, plus the amount of interest due and thereafter to become due on said revenue bonds on and prior to such retirement. All of the funds provided to be paid into the Industrial Building Favenue Bonds Sinking Fund to meet the minimum payments into said Sinking Fund, as here- inbefore provided, are hereby pledged and ordered used for that purpose, and all monies transferred and paid into said Sinking Fund or provided to be paid into said Sinking Fund shall be used solely and only, and are hereby pledged for the purpose of paying the principal of and interest on bonds hereby authorized. The amounts deposited in said Sinking Fund from revenues and rental income during any year immediately prior to August 1 may to the extent required for interest and principal payments due on or before the .following Pugustl, be invested in direct obligations of the United States of America.baving a maturity date or being sub- ject to redemption at the option of the holder not more than one year from the date Of investment therain, or August 1, 1982, whichever is earlier.. Any funds in said Sinking Fund in excess of the above provisions shall be invested in direct obligations of the United States of America having a maturity date or being sub- ject to redemption at the optioi of the holder not more than five years from the date of the investment therein, or August 1, 1982, whichever is earlier, the particular issue, interest rates and maturities of such obligations referred to only in this sentence to be first approved by F.elianca Diecasting Company, unless and until a court of competent jurisdiction shall rule that the requirement of such approval is unauthorized and invalid. Fluctuation thereafter in the value of any obligations of the .United States of America purchased shall not affect the amounts which would cthen,,ise be required to be paid into such Sinking Fund if all of such Sinking Fund has been retained in cash. All such investments, as well as income therefrom, shall be carries to the credit of said Sinking Fund. As and when such funds thus invested may be needed for the purposes of ::uch Sinking Fund, the Trustee shall cause a sufficient amount of such ii -vestments to be sold and converted into cash to the credit of said Sinking Fund. Such: Sinking kund shall be established and kept at all ti. es with such Trustee, to be used exclu- sively by the Trustee for the paytrent of the principal of and interest on such bonds. 684 Not less than ten days prior to each interest payment date there shall be withdrawn by the Trustee from the Sinking Fund and made available at the plane of payment a sufficient amount to pay the interest and principal, becoming due on such bonds on such succeeding interest payment date. If and when the amount in the Sinking h'und is sufficient to retire all of the revenue bonds then outstanding payable therefrom, plus the amount of interest due and thereafter to become due on and prior to the retirement of such bonds, then such bonds may be called for re- demption on the next succeeding redemption date, and funds sufficient to accomplish such redemption shall be withdrawn from the Sinking Fund and made available at the place of payment. Section 9. ?ihenever there is in the Sinking Fund a surplus in the sum of i??5,000 or more in excess of the amounts required to pay the current interest and principal becoming due within the next ensuing twelve months, plus a sum equal to the average annual principal and interest requirements of the bonds hereby authorized, in the following manner: The Board of Commissioners may designate a date which shall be not less than fifteen days nor more than thirty days from the ti:ce said date is designated, at which time it will receive sealed tenders of bonds and act upon such offers in open session. Notice of the time and place of receiving such sealed tenders shall be published in a newspaper or financial journal of general circu- lation puhlished in Idew York, New York. The entire available surplus for the retirement of bonds computed as aforesaid may be used to purchase bonds offered at the lowest price„ which shall take into consideration the interest rate, price offered, maturity date and other pertinent factors; provided, however, if and to whatever extent tenders are not received at prices equal to or less than the re- demption terms on the next succeeding redemption date the City shall reject such ten- ders and may use and apply such .funds to the redemption of bonds. All bonds so purchased or redeemed shall be cancelled. Any and all action taken under this Section 9 as to 'tenders or the prior rademotion of such bonds shall be optional with the City but only with the consent of the Lessee, unless and until a court of competent jurisdiction shall rule that the requirement of such consent is unauthorized and invalid. Section 10. The City covenants and agrees that so long as any of bonds hereby authorized remain outstanding proper books of record and accounts will be kept separate and apart from all other municipal records and accounts, showing complete and correct entries of all transactions relating to said project, and that the holders of any of said bonds shall have the right at all reasonable tines to inspect all records, accounts and data relating thereto. Section 11. The City hereby covenants and agrees with each and every folder or the holders of the bonds herein authorized that it will faithfully and punctually perform all duties with reference to said project required by the .. Constitution and laws of l<entucky and this ordinance and will cause to be charged, 685° collected and accounted for sufficient revenues and rental income therefrom to meet the requirements of this ordinance and will segregate said revenues and rental income and make application thereof as herein provided. So lone; as any of the bonds herein authorized are outstanding or until funds have been deposi- ted with the Trustee of said Sinking Fund sufficient to retire all of said bonds and pay all interest to accrue thereon to the date of such ratiremant, said City further covenants and agrees not to sell., convey, transfer, mortgage or encumber said project nor any of the revenues or rental income therefrom, ex- cept as may be specifically herein permitted and provided, and further that the structural portions of the Project will be continuously insured against loss or damage by fire, with Uniform Extended (,overage Endorsement covering perils of windstorm, hail, explosion, riots, civil commotion, aircraft, vehicles, and smoke (except as limited in the present Uniform Standard Extended 'Coverage Endorsement) and such other casualties and events as may be provided for under uniform coverage in an amount equal to at least the lesser of the full insurable value of such project or an amount equal to the total face amount of such bonds which are at the particular tine outstanding, and to pay premiums thereon and keep such insurance in full force and effect during the entire time any of the bonds authorized hereunder are outstanding or the interest thereon remains un- paid, to the extent that the revenues from such project are sufficient to pay the premiums .for such insurance or shall require a lessee of such industrial building project to carry such insurance at all times and to pay the cost thereof. All such insurance policies whether in the name of the City or in the name of a lessee, shall be in companies authorized to transact business and in good standing in the State of Kentucky. Each such policy shall be so written or endorsed as to make losses, if any, payable to the City and the lessee as their respective interests may appear, and each policy shall have standard mortgage clauses attached payable to the Trustee as its interest may appear. The original or originals of all such insurance policy or policies, whether procured by the City or a lessee shall be delivered to and retained by said Trustee. any lessee shall retain a duplicate copy or certificate of each of such policies of in- surance, and a similar duplicate copy or certificate of each of such policies of insurance shall be furnished to the City for its records. Any such policy may provide that the insurer is not liable to the extent of the first w1,000 Of any loss, with the result that the lessee is its otm insurer to the extent Of ;;13000 as to such property. As an alternate to the above a lessee may insure such property under a blanket insurance policy or naliciss which cover not only such property but other properties, and in the event the insurance coverabe Tor such property is by such blanket insurance coverage, it shall be sufficient to furnish to the Trustee a duplicate copy or certificate of each such blanket policy of insurance, instead of furnishing to the Trustee the original or ori- 686 ginals of such blanket insurance policy or policies. The City shall require any lessee of such project to carry public liability insurance withr`e£erence to such industrial building project in mini- mum amounts of ;,100,000 for the death of or personal injury to one person and 000,000 minimum liability for personal injury or death with reference to each occurrence.in connection with wuch industrial building project, and a minimum of '25,000 for property damage for any .occurrence in connection with such project. The City shall be made an additional insured under such policies. Any such policy referred to in this literary paragraph may provide that the policy does not cover the first S1,000 of loss, with the result that the lessee is its own insurer to that extent. The insurance provided for in this literary paragraph -may be by blanket insurance policy or policies. The City agrees that it will require each lessee of such project ini- tially, when any policies herein provided for are placed in effect, to furnish to such Trustee a complete written list of all such insurance policies in .force, setting forth the names of the companies, character, amount and expiration of each policy, and will require that such complete list will be furnished thereafter each year on or before August 10. Section 12. Each of the following events is hereby declared an event of default, that is, if; (a) Payment of the principal and, if any premium is due, of such premium, of and upon any of the revenue bonds either at the date therein speci- fied for their payment or by proceedings for redemption or otherwise, shall not be made; or (b) Payment of any installment of interest shall not be made on the dates specified in the appurtenant coupons for the payment of such coupon or within thirty days thereafter; or (c) Default shall be made in the due and punctual observance or per- formance of any of the covenants, conditions and agreements on the part of the City, in the bends or in this ordinance or in any pertinent law contained, and such default shall continue for a reriod of thirty days after written notice specifying such default and requiring same to be remedied shall be given to tine Board of Commissions rs,in writing by the holder or holders of bonds. Section 13. Upon the happening of any event of default specified in Section 12 hereof, then and in every such case the holder of any one or more of the revenue bonds hereby authorized then outstanding may proceed to protect and enforce the rights of the holders of all of the revenue bonds then outstanding by suit, action or special proceedings in equity or at law, or by a preceeding in the office of any state or federal. board or officer having jurisdiction either for M 687 the specific performaree of any covenant or agreement or execution of any power of for the enforcement of any proper legal or equitable remedy that shall be deemed most effectual to protect and enforce the rights aforesaid. If there be any default in the payment of the principal o£ and interest on any of said bonds or if there be any default in the provisions herein made for such payment, then upon the filing of suit by any holder of said bonds or of any of the coupons any court having jurisdiction of the action may appoint a receiver to administer said project on behalf of the City, with power to charge and collect rents sufficient to provide for the payrn!ent of any revenue bonds or obligations outstanding against the project and for the payment of operating expanses and to apply the revenues and rental income in ccnformity with this ordinance and the provisions of said statute laws of Kentucky. The reasonable attorneys' fees and costs of the bondholder or bondholders in connection with obtaining the ap- pointment of such receiver shall be 'taxed as costs and shall be a charge against the revenues of such Project. Section 14. Notwithstanding anything to the contrary that may be herein provided, the City or the Lessee shall, after the acquisition of the original Project, for only the purposes hereinafter set forth, have the right to ccnstruct a new building or addition to the original building, with or without a party wall which may be a wall or walls of the original building, on any of the land of the premises herein described and constituting a part of the project, other than the land on which the main industrial building itself is actually located and suffi- cient land to permit ingress .to and egress from such main industrial building. Upon the beginning of construction of any such addition to the original main industrial building or upon the beginning of construction of any such separate building by the City or the Lessee,, immediately by virtue of such beginning of construction and without any further act of anyone, the land upon which such addi- tion or separate building is constructed by the Lessee, the City shall have the right and shall be obligated to execute a deed to such land and an additional amount of land surrounding said addition or separate building as nay be necessary as determined by the Lessee in order to utilize such addition or building effectively and to provide reasonable ingress thereto and egress therefrom, conveyi.g the title thereto ir. fee simple to the Lessee, provided, however, that in any evert and at all ti.es there shall be reasonable ingress from public ways to such indus- trial building constructed from the proceeds of the bonds authorized herein and reasonable egress therefrom to public ways, and provided that the effective use of such original building can riot be impaired. Such reasonable ingress to and a&ress from such original industrial bu4.ldings shall include, without limiting the gern- erolity of such tolms reasonable ingress to and eZress From such building by persons, trucks and vehicles and by .railroad 'through the use o£.a railroad sour esl. tract which may be constructed adjacent to such original building,, All of! such land not released pursuant to the foregoing provisions shall continue to be used in conjunction with such original building. It shall not be necessary for anyone to execute a deed upon behalf of the holders of such bonds herein authorized. It shall be provided in the form of the bonds herein authorized, as is herein- before set forth, that each bondholder, by accepting such bonds, consents 'that the Peoples First national Bank and Trust Company, Paducah, Kentucky, the Trustee hereunder, is authorized as the agent of each bondholder to execute a quitclaim deed upon behalf of all of the holders of the bonds herein authorized, conveying all title and claim which they may have to such released land to the City, if for any reason it should be deemed necessary in order for the latter to obtain title or in order for it to convey good title to such land described in such dead executed by the City (although such action shall not be necessary under the provisions herein and under the provisions set forth in such bonds). ?:'ithout limiting the generality of the foregoing, the,execution of a deed by the City, conveying such land released, to the Lessee, shall be sufficient authority for the Trustee to execute a quitclaim deed conveying any and all title or claim the holders of any of such ;;400,000 of bonds may have to the Lessee. Upon the release of such land there shall be paid by the one constructing such addition or new bgilding into such Sinking Fund cash at the rate of :x500.00 per acre for the land released, provided that such per acre price shall be reduced by the percentage amount thereof, which percentage shall he the same as the percentage of such bonds of such issue as has been then retired. Such release may be ob- tained if such addition or such new building is constructed by the City of Paducah and leased to Reliance Diecasting Company, or if such construction is by Reliance Diecasting Company, as the case may be. In connection with constructing such addition or such new building, the City or Reliance Diecasting Company, as the case may be, shall have the right to make sufficient connection passageways between the existing building and such new Wilding or addition through the existing wall or walls of the original main industrial building constructed from the proceeds of the bonds herein authorized, so long as such main original in- dustrial building is rot damaged and so long as the structural support of such existing building is sufficiently maintained. The City shall not construct a new building or an addition to the ori- ginal building pursuant to the foregoing provisions except upon the basis of such new building or addition being leased to Reliance Diecasting Company, for the full period that any of the bonds herein authorized will be outstanding, e:ccept that such Company may be given an option to purchase such addition or such new building, together with the land released to be used in connection therewith during such period. Nothing shall be done in connection with the construction or operation of such addition or such new building which will impair in any dray the operation of the main industrial building or the revenues and rental income derived there- from. In connection with constructing such new building or such addition to the existing building, any part of the industrial building project which secures the bonds herein authorized, other than the main original industrial building proper, may be moved and relocated on land which continues to be a part of the original project, if it is desired to construct such addition or such new building on the site where such facilities to be moved were originally located or if such moving or relocation is necessary in order to use properly such facilities in connection with such original project or such addition or new building. If land is released from such project pursuant to the provisions herein contained, additional land may be released from time to tit+.e from such original project or from a subsequent industrial building project established by the City on land released from the original project pursuant to the same provisions as are herein contained as to land released in the first instance. In such event or events, nothing shall be done which will impair in any way. the operation of such original building or the revenues and rental income derived therefrom. Section 15. The provisions of this ordinance shall constitute a con- tract between the City of Paducah and the holders of the revenue bonds herein authorized to be issued, provided that modifications, alterations and amendments of this ordinance and of the rights and obligations of the City and of the holders of bonds issued and outstanding hereunder may be made as in this section provided. In the event it shall appear desirable and to the advantage of both the City and the holders of the revenue bonds the City may propose modifications, alterations and amendments of this ordinance in the following manner: The Board of Commissioners shall adopt an ordinance modifying, altering or amendinZ this ordinance but rroviding therein that said ordinance shall not become effective unless and until it has had the approval of the holders of the bonds as hereinafter set out. Immediately upon the adoption of said ordinance the Board of Comrissioners shall set a, tire and place for and call a meeting of the holders of the bonds. Every such meeting shall be held at such place in the City of raducah, Nertucky, or in such other place as may be specified in the notice calling such meati.n;. `.'rittan notice of any such meeting, stating the place and tha t1n+ thereof and in general terms the business to be submitted, shall b3 mailed ret less than thirty days before such maeting to each erTntr f hands regi:;t_rcl ',q ;.o rrircipal then outstandi.n,E, addressed to him at his address nprsaring on the registration boor^,, and to the Trustee and shall be published at laast once in each of two s::cce sive calendar weeks immediately preceding the week which 9nel.udes the date fixed for such meeting, in a rawspaper or financial journal of general 669 circulation published in the City of New York, Idem York. At such meeting there shall be submitted to the holders of the bonds for their approval the ordinance theretofore adopted proposing the modifieaLion, alteration, or amendment. All holders of bonds outstanding at the time of such meeting shall be entitled to vote thereat, and such attendance may be in person or by proa/. Each person seeking to attend or vote at such meeting must, if required, pro- duce good proof of ownership of bonds or of personal identity as shall be satisfactory to the inspectors of votes. Every proxy shall be signed by the holder of revenue bonds or by his duly authorized attorney and shall be witnessed, and its genuineness if• questioned shall be established to the s- isfaction of the inspectors of votes. The holders of revenue bonds and the holders of proxies present shall, by a majority vote, irrespective of the amount of their holdings, select two persons from those present to act as inspectors of votes, who shall count all votes cast at such meeting and who shall make and file with the secretary of the me, -,tin.,- their verified written report in duplicate of all such votes cast at said xee'ting. The holders -or persons entitled to vote the same of not less than sixty -sir, and two-thirds per cent (66 2/3%) in the principal amount of the bonds entitled to be voted at any such meeting must be present at such meeting in person or by proxy in order to constitute a quorum for the transaction of business, less than a quorum, however, having poser to adjourn. Any such modifications or alterations or amendments of this ordinance or of any rights and obliggations of the City or of the holders of the bonds in any particular may be ?pproved at such meeting or at a due adjournment thereof and held in accordance with the provisions of this section, but only by a resolution duly by the affirmative vote, in person or by proxy, of the '. holders or persons entitled to vote the same of sixty-six and two-thirds per cent (66 2/31�) or more in aggregate principal amount of the bonds outstanding when such meeting is held, ,provided, however, that no such modification, . alteration or amendment shall be made which will (a) permit an extension of the time of payment at maturity of the principal of or interest on any revenue bone., or a reduction in the rate of interest thereon without the written consent of the holder of such revenue bond, or (b) reduce the percentage of holders of such bonds required by the provisions of this section for the taking of any action under this section, and provid=,d further than no such modification, alt -.ration or amendment herein authorized which in the opinion of the Trustee affects the rights, duties or immunities of the 'Trustee under this ordinance may be made without the consent of the Trustee. 691 A record of the proceedings of each such meeting shall be prepared by the secretary of the meeting and shall have attached thereto the'original counterparts of the reports of the inspectors of votes and afficavits by one or more persons having knowledge of the facts, setting forth a copy of the notice of the meeting and a copy of the record of any adjournment thereof, and showing that said notices were duly given as herein provided. Such record shall be. signed and verified and filed with the City Clerk, and thereupon the proposed modifications, alteraticns and amendments, as aforesaid, shall become effective, but otherwise shall be null and void. Section 16. Peoples First National Bank and•Trust Company, Paducah, Kentucky, is hereby designated as the Trustee hereunder, and the duties of such Trustee shall be as follows: (a) to notify all registered holders of the bonds herein authorized of .any failure by any lessee of such project to pay the rental payments at the time or times required under any agreement for the leasing of such project; (b) to receive such funds of which it is hereby designated depository and to transfer and disburse monies by it in accordance with the provisions of this ordinance, but such Trustee shall not be liable for the payment of any monies and shall be liable only to account for the monies actually received by it; (c) to retain possession of all insurance policies placed in force pursuant to the provisions of such Contract of Lease and'Rent herein referred to, -if and when such Contract of Lease and Rent becomes effective, and as to which it is provided in such instrument that the Trustee shall retain possession of such policies and to transfer any proceeds from such policies in accordance with the provisions of such Contract of Lease and Rent, to retain possession of all other insurance policies which may be issued pursuant to the provisions of Section 11 hereof, to see that all policies of insurance provided for hereunder are maintained in full force and effect at all times and that such policies of insurance comply with the requirements herein provided, and to give notice to all registered holders of the bonds herein authorized of any failure by any lessee to keep the insurance policies in force which are required hereunder; it being provided, however, that as to the City, the Lessee and any other lessee of such project the Trustee shall not be required to pay any premium on any such Policy, the obligation of the Trustee being to request that the proper party place all insurance required in effect and upon the failure of the proper party to do so to notify all registered holders of the bonds herain authorized of such failure; (d) to authenticate the bonds herein authorized, as herein provided; (e) to register the principal of the bonds as herein provided; (f) to provide at the place of payment fluids sufficient to pay the 692 0 interest on and principal of such bonds as same fall due and as coupons repre- senting such interest and bonds representing such principal are presented for payment, to the extent that there are monies in the Sinking Fund referred to herein sufficient for such purpose; (g) to make periodic reports, not less than annually, to the City, the Lessee, the Guarantor of the Contract of Lease and Rent, any holders of the outstanding Industrial Building Revenue Bonds of the City requesting same, and the Fiscal Agent.in connection with the original issuance of such bonds, con- taining any pertinent information regarding the status of the Sinking Fund, including but not being limited to the status of the reserve fund in said Sink- ing Fund; (h) to invest surplus amounts of cash in the funds herein provided to be held by '.he Trustee in direct obligations of the United States Government, to hold such obligations, to sell same and to credit the proceeds to the funds, all as herein provided, such Trustee to have the right to take all of such actions without any further authorization by the City of Lessee or any other party, except as is otherwise herein provided; and (i) upon receipt by the Trustee of actual notice of any default of the City in any of the terms, conditions, covenants or agreements of the ordi- nance or ordinances authorizing such bonds, or should the City fail to meet the obligations imposed upon it hereunder, the Trustee may, in its discretion, or shall, upon the request in writing of the holder or holders of a majority in amount of the outstanding bonds herein authorized, and upon being properly in- demnified against its costs and expenses, proceed at once to file suit in any court of competent jurisdiction for such relief as may be proper for the benefit of the holder or holders of such bonds, and, without limiting the generality of the foregoing, if there is any default in any or the covenants or undertakings of such City as herein set out in any manner jeopardizing the payment of the principal of or interest on any of said bonds, then upon the filing of suit by the Trustee as herein provided, any court having jurisdiction of the action may appoint a receiver to administer such project upon behalf of the City, with power to charge and collect rents and revenues sufficient to provide for the payment of all bonds and obligations outstanding secured by such project and for the payment of the operating expenses and to apply the income and revenues in:conformiyy -with.this ordinance and the provisions of the statute laws of Kentucky aforesaid. Reason- able attorneys' fees and court cost: incurred by such Trustee in obtaining the appointment of such receiver shall be a proper charge and shall be payable out of the income and revenues of such project securing the bonds herein authorized. The provisions herein as to the Trustee bringing suit upon behalf of such bond- holders are in addition to any and all rights which any bondholder or bondholders may have to bring suit upon their own behalf. The Trustee may, in its discretion, 693 or shall, upon request in writing of the holder or holders of a majority in ar:ount of the outstanding bonds herein authorized, and upon being properly indemnified against its cost and expenses, ask to join in any suit which may have already ' been brought upon behalf of any holder or holders of such bonds. In determining whether or not a majority of the holders of the outstanding bonds have so re- quested the Trustee to join in any suit, the bonds held by any person or persons who have already brought a pending suit may be included in the amount of bonds to determine whether the holders of a majority in amount of the outstanding bonds have requested that the Trustee join in any such pending suit. The Trustee shall have notduties except those specifically set out in this ordinance and in such Contract of Lease and Rent. The Trustee, in administering the trust herein created, shall be en- titled to the advice of counsel and shall be protected for any acts taken in good faith in reliance upon such advice. The Trustee shall not be_liable for any action taken or omitted to be taken by it in good faith and believed by it to be within the discretion or power conferred upon it by this ordinance, or be re- spcnsible for the consequences of any oversight or error of judgment, and the Trustee shall be answerable only for its own acts, receipts, neglects, and de- faults and not for those of any person, firm or corporation employed and selec- ted with reasonable care. The Trustee may require evidence satisfactory to it of the ownership of bonds by the person making any request as to any bonds. The Trustee shall be entitled to reasonable compensation for its services. The Trustee may at any time and shall, at the request of the holders of not less than seventy-five (75%) per cent of the face amount of the bonds herein authorized then outstanding, resign the trust thereby created, by filing its resignation with the City Clerk of the CiUj of Paducah, Kentucky, and notifying the original purchaser or purchasers of the bonds herein authorized. Thereupon the City shall designate a successor trustee, and if the City does not so desig- nate a trustee within tan days, then the holders of a majority in amount cf such bonds may designate a trustee, which in either of such events shall be an incor- porated bank or trust company in the City of Louisville, Kentucky, having trust powers and having a combined capital and surplus of over ;13000,000, and which is willing to accept such trusteeship under the terms and conditions stated herein and in such Contract of Lease and Rent. Section 17. That the execution of the acceptance by Peoples First I•dational Bank and Trust Company, Paducah, Kentucky, Trustee, at the end of this ordinance shall be sufficient for it to becone a party hereto as Trustee, nur- suant to the terms set out herein, without the execution of any other irstrmaent. Section 12. That in connection with the sale of the bonds herein author- ined the City Clerk is hereby authorized to furnish copies of ",'Otice of Bond Sale, 694 Further Information as to Sale of Bonds and Bid Form in substantially tiie form as attached to the minutes of the meeting at which this ordinance is proposed for adoption.. Section •19. That the Mayor and the City Clerk are hereby authorized and directed to execute a Contract of Agreement between the City and the Lesseo, in substantially the form marked Exhibit C filed in the office of such Clerk prior to the presentation of this ordinance to the Board of Commissioners. Section 20. If any section, paragraph, clause or provision of this ordinance shall be ruled by any court of competent jurisdiction to be invalid, the invalidity of such section, paraLraph, clause or provision shall not affect any of the remaining provisions. Section 21. All ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this ordinance are, to the extent of such conflict hereby repealed. Adopted and approved August 3, 1965. CITY OF PADUCA1i, KE�NfTUCCK7Y payor (Seal of City) Attest: City Clerk Peoples First National Bank and Trust Company, Paducah, Kentucky, hereby accepts its appointment as Trustee as set out in the foregoing ordi- nance and arees to fulfill all of its duties as Trustee as set out therein. (Seal of Bank) PEOPLES FIRST NATIONAL BANK AND TRUST COAUANY, Paducah, Kentucky By Title P — �