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0728C17 RESOLUTION l A RESOLUTION AUTHORIZI G THE MAYOR AND CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, IN COOPERATION WITH THE UNDERWRITER, TRUSTEE, AND BOND COUNSEL, TO PROCEED WITH MA TIERS PRELIMINAR Y TO THE ISSUANCE OF APPROXIMA TEL Y EIGHT MILLION SEVEN HUNDRED THOUSAND DOLLARS ($8,700,000.00) IN PRINCIPAL AMOUNT OF CAPITAL IMPROVEMENT CONSTRUCTION, EQUIPMENT, AND REFUNDING REVENUE BONDS, IN ONE OR MORE SERIES OF BONDS, TO FINANCE IMPROVEMENTS, CAPITAL EQUIPMENT, BETTERMENTS, AND EXTENSIONS OF SERVICE TO THE CITIZENS OF THE CITY OF JACKSONVILLE, ARKANSAS; TO REFUND CERTAIN OUTSTANDING DEBT OF THE CITY; TO PREPARE AND CIRCULATE A PRELIMINARY OFFICIAL STATEMENT AND RELATED DOCUMENTS; DECLARING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR QUALIFYING EXPENDITURES FROM THE PROCEEDS OF THE BONDS, AND, PRESCRIBING OTHER MATTERS RELATING THERETO, WHEREAS, the City Council of the City of Jacksonville (the "Council's has determined previously that it is in the best interest of the City of Jacksonville (the "City") to issue Capital Improvement Construction & Equipment Revenue Bonds (the 'Construction Bonds") for the purpose of financing construction, capital equipment purchases, betterments, improvements and extensions to the services provided to the citizens of the City of Jacksonville, and to pay the costs of issuing the Revenue Bonds; WHEREAS, the City Council has also determined previously that it may be beneficial to refund certain outstanding short term debt of the City through the issuance of refunding bonds (the "Refunding Bonds," and together with the Construction Bonds, the 'Bonds"), to refund the City's outstanding short term debt, and to pay the costs of issuing the Refunding Bonds; and, WHEREAS; in order to provide for the issuance and sale of the Bonds, the City Council has recommended authorization be granted for the planning, documentation, and marketing of the Bonds, to ratify the selections of Stephens Inc., as Underwriter, First Arkansas Bank & Trust, as Trustee, and Wright, Lindsey & Jennings LLP, as Bond Counsel, to provide for the preparation of a Preliminary Official Statement and other related documents, and to evidence its intention to reimburse itself for qualifying expenditures from the proceeds of the Bonds. RESOLUTION NO. 728 (#04 - 2015) PAGE 2 0 0- 1 0 0 7 121 SECTION ONE: Such preliminary actions as are determined to be necessary by the City are hereby authorized for the planning for, documentation and marketing of approximately Eight Million Seven Hundred Thousand Dollars ($8,700,000.00) in aggregate principal amount of Capital Improvement Construction and Refunding Revenue Bonds to finance construction, capital equipment, betterments, improvements and extensions to the services provided to the citizens of the City of Jacksonville, and to refund one or more issues of outstanding short term debt of the City in the approximate aggregate principal amount of Five Million Five Hundred Two Thousand Dollars ($5,502,000.00) to fund a debt service reserve account, and to pay the costs of issuing the Bonds. However, at such time as the Mayor and City Council shall determine to be in the best interests of the City, the final terms of the sale of the Bonds shall be submitted for the approval by the City Council of the City, together with the proposed forms of the documents necessary to the issuance of the Bonds including, without limitation, the Bond Purchase Agreement, the authorizing Ordinance, and such other documents, agreements, contracts, certificates, and other writings as may be appropriate. SECTION TWO: The preparation of a Preliminary Official Statement and its distribution to prospective purchasers of the Bonds are hereby approved. The Mayor is hereby authorized and directed to cause the Preliminary Official Statement to be delivered for and in the name of the City, with such provisions therein as shall be approved by the Mayor, who is authorized to execute and deliver to the Underwriters a certificate, when requested by the Underwriters, to the effect that the Preliminary Official Statement is deemed final for the purposes of Securities and Exchange Commission Rule 15c2-12. SECTION THREE: The City Council authorizes the sum of not to exceed Eight Million Seven Hundred Thousand Dollars ($8,700,000.00) (the "Expenditures") from funds available to the City for the purpose of accomplishing the construction, capital equipment, betterments, improvements and extensions to the services provided to the citizens of the City of Jacksonville, to refund one or more outstanding issues of short term debt of the City in the approximate outstanding aggregate principal amount of Five Million Five Hundred Two Thousand Dollars ($5,502,000.00) to fund a debt service reserve account, and to pay the costs of issuance of the Bonds. RESOLUTION NO. 728 (#04 — 2015) PAGE3 0001"371 The City Council hereby declares its intent to reimburse itself with those funds available to the City for the Expenditures from the proceeds of its Bonds, and, further, declares as follows: (a) Proceeds of the Bonds will be applied to reimburse the City and those funds available to the City for the Expenditures within Eighteen (18) months after the later of: (a) the date of the Expenditures; or, (b) the date on which the Improvements are placed in service and, in any event, within Three (3) years after the date of the making of the Expenditures; (b) The City is aware of no reason which would cause it to expect that the Expenditures would be reimbursed from any source other than proceeds of the Bonds; (c) The City is aware of no reason which would cause it to believe that a substantial portion of the Expenditures will not be reimbursed from the proceeds of the Bonds; (d) The City is aware of nothing in the budget or financial circumstances of the City or funds of the City which is inconsistent with the intent and declaration of the City to finance the Expenditures with the Bonds. The City is aware of no reason to expect that funds other than proceeds of the Bonds will be reserved or allocated on a long-term basis or otherwise set aside for the Expenditures pursuant to budgetary or financial policies of the City; (e) The Bonds will be issued in the principal amount of approximately Eight Million Seven Hundred Thousand Dollars ($8,700,000.00); (f) The Expenditures will be "capital expenditures" within the meaning of applicable Treasury Regulations or will constitute a portion of the costs of issuance of the Bonds; and (g) This Resolution shall constitute an "official intent" under United States Treasury Regulation Section 1.150-2 for the reimbursement from proceeds of the Bonds for expenditures made by the City prior to the date the Bonds are issued for the purpose set forth herein. SECTION FOUR: The City Council hereby approves and ratifies the selections of Stephens Inc., as Underwriter, First Arkansas Bank & Trust as Trustee, and Wright, Lindsey & Jennings LLP, as Bond Counsel. SECTION FIVE: The City Council hereby authorizes and directs the Mayor, the City Clerk, and other officers and employees of the City to carry out or cause to be carried out all appropriate actions, to execute such other certificates or documents to evidence authority as authorized herein, and to take such other actions as they, in consultation with Bond Counsel, shall consider necessary or advisable in connection with this Resolution in order to prepare for the issuance, marketing, sale and delivery of the Bonds. RESOLUTION NO. 728 (#04 — 2015) PAGE 4 SECTION SIX,- This Resolution shall be effective from and after the date of its adoption. APPROVED AND ADOPTED THIS ]jj�?— DAY OF MAY, 2015. ATTEST: SUSAN DAVITTTITY CLERK lur •�y MANEM ,ARKANSAS