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0465 RESOLUTION NO. 465 ( #7 -93) A RESOLUTION OF THE CITY COUNCIL OF JACKSONVILLE, ARKANSAS, AUTHORIZING THE EXECUTION, SALE AND DELIVERY OF WATER REVENUE REFUNDING BONDS, SERIES 1993, AS AUTHORIZED BY ORDINANCE NO. 1008, APPROVING THE TERMS OF THE SALE THEREOF; DECLARING AN EMERGENCY; AND, PRESCRIBING OTHER MATTERS RELATING THERETO. WHEREAS, ORDINANCE No. 1008 OF THE CITY OF JACKSONVILLE, ARKANSAS THE "CITY "), ADOPTED OCTOBER 7, 1993 (THE "AUTHORIZING ORDINANCE ), AUTHORIZED THE ISSUANCE OF THE CITY'S WATER REVENUE REFUNDING BONDS, SERIES 1993, IN TOTAL PRINCIPAL AMOUNT NOT TO EXCEED Two MILLION Two HUNDRED THOUSAND DOLLARS ($2,200,000.00) (THE "SERIES 1993 BONDS "), AND AS OTHERWISE DESCRIBED IN DETAIL IN THE AUTHORIZING ORDINANCE; AND WHEREAS, PURSUANT TO AND SUBJECT TO THE LIMITATIONS SET FORTH IN THE AUTHORIZING ORDINANCE, THE MAYOR WAS AUTHORIZED AND DIRECTED TO EXECUTE A BOND PURCHASE AGREEMENT ON BEHALF OF THE CITY FOR THE SALE OF THE SERIES 1993 BONDS TO STEPHENS, INC. (THE "PURCHASER"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS: SECTION 1. THERE IS NOW AUTHORIZED AND ORDERED ISSUED AND DELIVERED TO THE PURCHASER, THE SERIES 1993 BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF TWO MILLION TWENTY THOUSAND DOLLARS ($2,025,000.00), DESIGNATED "CITY OF JACKSONVILLE, ARKANSAS, WATER REVENUE REFUNDING BONDS, SERIES 1993 ", TO BE DATED AS OF NOVEMBER 1, 1993, AND AS MORE PARTICULARLY DESCRIBED IN THE AUTHORIZING ORDINANCE, AT THE PRICE OF 98.0% OF THE PRINCIPAL AMOUNT OF THE SERIES 1993 BONDS, PLUS ACCRUED INTEREST TO AND THROUGH THE DAY PRECEDING THE CLOSING DATE, WHICH SERIES 1993 BONDS SHALL MATURE AND SHALL BEAR INTEREST AS FOLLOWS: MATURITY DATE PRINCIPAL AMOUNT INTEREST RATE AUGUST 1, 1994 $ 60,000 2.60% AUGUST 1, 1995 110,000 2.85 AUGUST 1, 1996 115,000 3.20 AUGUST 1, 1997 115,000 3.50 AUGUST 1, 1998 120,000 3.70 AUGUST 1, 1999 120,000 3.90 AUGUST 1, 2000 130,000 4.10 AUGUST 1, 2001 135,000 4.20 AUGUST 1, 2002 140,000 4.30 AUGUST 1, 2003 145,000 4.40 AUGUST 1, 2004 150,000 4.50 AUGUST 1, 2005 160,000 4.60 AUGUST 1, 2006 170,000 4.75 AUGUST 1, 2007 175,000 4.90 AUGUST 1, 2008 180,000 5.00 SECTION 2. THIS RESOLUTION, TOGETHER WITH AND AS SUPPLEMENTAL TO THE AUTHORIZING ORDINANCE, SHALL CONTINUE IN FULL FORCE AND EFFECT AND SHALL CONSTITUTE A CONTRACT WITH THE PURCHASER OF THE SERIES 1993 BONDS AND THE RESPECTIVE OWNERS AND HOLDERS THEREOF, UNTIL THE SERIES 1993 BONDS AND THE INTEREST THEREON ARE PAID IN FULL, SECTION 3. THE PROVISIONS OF THIS RESOLUTION ARE HEREBY DECLARED TO BE SEPARABLE AND IF A SECTION, PHRASE, OR PROVISION SHALL BE DECLARED INVALID, SUCH DECLARATION SHALL NOT AFFECT THE VALIDITY OF THE REMAINDER OF THE RESOLUTION. SECTION 4. TTHERE IS HEREBY FOUND AND DECLARED TO BE AN IMMEDIATE NEED TO REFUND OUTSTANDING INDEBTEDNESS OF THE CITY SECURED BY REVENUES OF ITS WATER SYSTEM. IN ORDER TO DO SO ON THE MOST FAVORABLE TERMS TO THE CITY, IT IS NECESSARY TO ISSUE THE SERIES 1993 BONDS AS SOON AS POSSIBLE, IT IS, THEREFORE, DECLARED THAT AN EMERGENCY EXISTS AND THIS RESOLUTION, BEING NECESSARY FOR THE IMMEDIATE PRESERVATION OF THE PUBLIC HEALTH, SAFETY AND WELFARE, SHALL BE IN FORCE AND TAKE EFFECT IMMEDIATELY UPON AND AFTER ITS PASSAGE. APPROVED AND ADOPTED THIS DZ DAY OF OCTOBER, 1993, CITY OF JACKSONVILLE, ARKANSAS BY: I e v^ TOMMY SWAIM, r A OR ATTEST: i i LU i M. LEONARD, TY CL RK RI: ' :A'BI'T 'Y A ORN -2-