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1272 GCOl14 ORDINANCE NO. 1272 (#5 - 06) I AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF A SERIES OF LIBRARY CONSTRUCTION AND IMPROVEMENT BONDS FOR THE PURPOSE OF FUNDING THE CONSTRUCTION AND CAPITAL IMPROVEMENTS TO THE PUBUC LIBRARY OF THE CITY; PLEDGING TAX REVENUES SUFFICIENT TO PA Y THE PRINCIPAL OF AND INTEREST ON THE BONDS; AUTHORIZING THE EXECUTION AND DEUVERY OF A TRUST INDENTURE FOR THE BONDS; AUTHORIZING THE ACCOMPUSHMENT OF THE PROJECT; APPROVING AN OFFICIAL STATEMENT; PRESCRIBING OTHER MA7TERS RELATING THERETO; AND DECLARING AN EMERGENCY. -------------------------------------------------- -------------------------------------------------- WHEREAS, at the Special Election held July 5, 2005, there was submitted to the voters of the City of Jacksonville, Arkansas (the "City''), the question of issuing bonds of the City (the "Bonds'') in the maximum principal amount of Two Million Five Hundred Thousand Dollars ($2,500,000) to finance the costs of acquiring, constructing and equipping land and additional capital improvements for the public library (the "Project'') operated by the City and the Central Arkansas Library System ("CALS'') to be payable from a continuing annual ad valorem property tax to be levied at a continuing rate of 1.0 mill on the dollar of the assessed valuation of taxable real and personal property in the City; I WHEREAS, the voters approved the issuance of the Bonds by a vote of 616 votes FOR and 288 votes AGAINST; WHEREAS, the City and CALS intend to fund the Project improvements with the proceeds of the Bonds; WHEREAS, the estimated costs of the Project, including costs of issuing the Bonds, will not exceed Two Million Five Hundred Thousand Dollars ($2,500,000); WHEREAS, the City Council levied in 2005 for collection in 2006 and covenants to levy in subsequent years an ad valorem property tax at the rate of 1.0 mill on the dollar of the assessed valuation of taxable real and personal property in the City, together with all penalties and interest payable with respect thereto (the "Library Tax''), to be used to pay debt service on the Bonds; WHEREAS, the City will receive its allocable portion of the One-Half Percent (.5%) statewide sales and use tax implemented pursuant to Amendment No. 79 to the Arkansas Constitution C'Amendment 79''), which is intended to offset any decrease in collections resulting from the homestead exemption also implemented pursuant to Amendment 79 (the "Special Tax Collections''); I WHEREAS, the City will covenant to pledge the Library Tax and the Special Tax Collection to pay the debt service on the Bonds; and WHEREAS, in order to serve and fulfill the purposes for which it has been created and to provide funds for the financing of the Project, the City desires to adopt this Ordinance authorizing the issuance and sale of the City of Jacksonville Library Construction and Improvement Bonds, Series 2006 (the "Bonds") in the aggregate principal amount of Two Million Five Hundred Thousand Dollars ($2,500,000) and other matters pertaining thereto. 0001.1.S ORDINANCE NO. 1272 (#5 - 06) PAGE TWO I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: I SECTION ONE. The Project shall be accomplished. The Mayor City Clerk/Treasurer, and Director of Finance are hereby authorized to take or cause to be taken all action necessary to accomplish the acquisition, construction, and equipping of the Project and to execute all required documents. SECTION TWO. Under the authority of the Constitution and laws of the State of Arkansas, including particularly Amendment No. 30 to the Constitution of the State of Arkansas, as amended by Amendment No. 72 to the Arkansas Constitution, and Arkansas Code Annotated ~~14-142-201 through 222 (Act 920 of the Acts of Arkansas of 1993), the City of Jacksonville, Arkansas Library Construction and Improvement Bonds, Series 2006, are hereby authorized and ordered issued in the total aggregate principal amount of not to exceed Two Million Five Hundred Thousand Dollars ($2,500,000), for the term and at the interest rates set forth in Exhibit "A" attached hereto and incorporated herein by this reference. The Bonds shall not be general obligations of the City, but shall be special obligations payable solely from the proceeds of the Library Tax, the Special Tax Collections, and other moneys, funds, and amounts, more specifically identified in the Indenture, (identified hereinafter). The City hereby pledges the Library Tax, the Special Tax Collections, and other moneys, funds, and amounts available therefor pursuant to the Indenture to secure payment of the Bonds. SECTION THREE. In order to pay the principal of and interest on the Bonds as they mature and are called for redemption prior to maturity, together with fees and costs incidental thereto, there are hereby appropriated out of the proceeds of the Library Tax and the Special Tax Collections the sums necessary to pay the same in accordance with the schedule of principal and interest attached hereto as Exhibit "A" and made a part hereof. SECTION FOUR. The proceeds of the Bonds, together with investment earnings thereon, shall be used: (i) to finance the Project; and, (ii) to pay the costs of issuance of the Bonds. The Bonds will mature, bear interest, and be subject to redemption in accordance with the provisions of the Indenture (identified hereinafter). I SECTION FIVE. All actions heretofore taken by the Mayor City Clerk/Treasurer, and Director of Finance in connection with the offering of the Bonds, including the preparation and distribution of the Preliminary Official Statement, preparation of the Official Statement, and preparation of this Ordinance (the "Authorizing Ordinance''), are hereby in all respects ratified and approved. The Official Statement is deemed a final Official Statement for purposes of the Securities and Exchange Commission Rule 15( c) 2-12. The Official Statement of the City in the form presented at this meeting with such changes, omissions, insertions, and revisions as the Mayor City Clerk/Treasurer, and Director of Finance shall deem advisable is hereby authorized and approved, and the Mayor shall sign and deliver such final Official Statement to the Underwriter for distribution to the owners of the bonds and other interested persons. SECTION SIX. The appointment of First Arkansas Bank & Trust ("Trustee'') as Trustee for the Bonds is hereby approved. 000:L16 ORDINANCE NO. 1272 (#5 - 06) PAGE THREE I SECTION SEVEN. To prescribe the terms and conditions upon which the Bonds authorized by the voters at the July 5, 2005 Special Election are to be executed, issued, accepted, held, and secured, the Mayor is hereby authorized and directed to execute and acknowledge a Trust Indenture between the City and the Trustee, and the City Clerk[Treasurer is hereby authorized and directed to execute and acknowledge the Trust Indenture and to affix the seal of the City thereto. The Mayor and City Clerk{Treasurer are hereby authorized and directed to cause the Trust Indenture to be accepted, executed, and acknowledged by the Trustee, and the Trust Indenture is hereby approved in substantially the form submitted for this meeting. I SECTION EIGHT. The Mayor, the City Clerk[Treasurer, the Director of Finance, and CALS, for and on behalf of the City, are authorized and directed to do any and all things necessary to effect the execution and delivery of the Trust Indenture, the performance of all obligations of the City under the Trust Indenture, the issuance, execution, sale, and delivery of the Bonds, including the execution of a Bond Purchase Agreement between the City and the Underwriter in the form presented for approval at this meeting, and the performance of all acts of whatever nature necessary to effect and carry out the authority conferred by this Ordinance. The Mayor City Clerk[Treasurer, and CALS are further authorized and directed, for and on behalf of the City, to execute all papers, documents, certificates, and other instruments that may be required for the carrying out of such authority or to evidence the exercise thereof. SECTION NINE. The appointments of Wright, Lindsey & Jennings LLP as Bond Counsel and of Crews & Associates, Inc. as Underwriter, respectively, are hereby approved and ratified, and all actions of Bond Counsel and the Underwriter performed in connection with the offering and sale of the Bonds, including the preparation of the Preliminary Official Statement, the Official Statement, and the Ordinance are hereby in all respects approved and ratified. SECTION TEN. Emergency. It is hereby found and declared that an immediate need exists for the accomplishment of the Project in order to achieve the most cost effective financing for the City's public library. It is, therefore, declared that an emergency exists. This Ordinance, being necessary for the immediate preservation of the public peace, health, and safety, shall take effect and be in force from and after its date of passage. APPROVED AND ADOPTED THIS ~Y'O~ DAY OF MARCH, 2006. CITY OF JACKSONVILLE, ARKANSAS I ~A~A~ ~~. TOMMY SWAI , MAYOR - EXHIBIT "A" I Series 2006 Bonds Term Bonds* $190,000** 3.625% Term Bond due March 1, 2011 @100.000°/o $280,000** 4.000% Term Bond due March 1, 2016 @100.000°/o $350,000** 4.300% Term Bond due March 1, 2021 @100.000°/o $435,000** 4.500% Term Bond due March 1, 2026 @100.000°/o $550,000** 4.700% Term Bond due March 1,2031 @100.000°/o $815,000** 4.500% Term Bond due March 1, 2036 @ 99.183% (Accrued interest from date of Bonds to be added) *Term Bonds. sublect to mandatory sinking fund redemotion. I I G(~ U -l..~,-.; , ., ~" .-", " ;. ul.~u_......:.lL1 CERTIFICATE I STATE OF ARKANSAS ) COUNTY OF PULASKI ) SS CITY OF JACKSONVILLE ) I, Susan Davitt, City Clerk/Treasurer within and for the City aforesaid, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 1272 (#5-06) of the City of Jacksonville, Arkansas, entitled: "AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF A SERIES OF LIBRARY CONSTRUCTION AND IMPROVEMENT BONDS FOR THE PURPOSE OF FUNDING THE CONSTRUCTION AND CAPITAL IMPROVEMENTS TO THE PUBLIC LIBRARY OF THE CITY; PLEDGING TAX REVENUES SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE FOR THE BONDS; AUTHORIZING THE ACCOMPLISHMENT OF THE PROJECT; APPROVING AN OFFICIAL STATEMENT; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY"; adopted by the Jacksonville City Council of said City on March 2, 2006, said Ordinance now appearing of record in this office. I IN WITNESS WHEREOF, I have hereunto set my hand and seal of office on this ~nd day of March, 2006. ~-v =~ ~f'>" i . ~'~<.}f: '- ; ~,"~ j :--:. ~~7i -: ~ ,-. --:~ ' <:' :~~ ,'" ~;~"i' ',,\,:;,~,/:/, ..... ~'br ,~'y' ~-- r ~ I