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0196 . • • ORDINANCE NO. AN ORDINANCE CALLING A SPECIAL ELECTION TO VOTE ON THE QUESTION OF ISSUING BONDS UNDER AMENDMENT NO. 13 TO THE CONSTITUTION OF THE STATE OF ARKANSAS FOR THE PURPOSE OF REFUNDING OUTSTANDING GENERAL OBLI- GATION BONDS OF THE CITY OF JACKSONVILLE, ARKANSAS; ACQUIRING A SITE FOR, CONSTRUCTING, AND EQUIPPING A CITY LIBRARY; ACQUIRING A SITE FOR, CONSTRUCTING, AND EOUIPPING BUILDINGS FOR THE HOUSING OF FIRE FIGHTING APPARATUS AND PURCHASING FIRE FIGHTING APPARATUS; PURCHASING AND IMPROVING A CITY PARK, INCLUDING CONSTRUCTING AND EQUIPPING A COMMUNITY CENTER AND SWIMMING POOL THEREON; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY. WHEREAS, the City of Jacksonville, Arkansas (called "City ") is a City of the first class; and WHEREAS, the City has outstanding, under Amendment No. 13 to the Constitution of the State of Arkansas, an issue of General Obligation Hospital Bonds dated July 1, 1960 (called "1960 Bonds "); and WHEREAS, the City Council has determined that it would be in the best interest of the City to acquire a site for and construct and equip a city library, at an estimated cost to the City of $82,000 (it being contemplated that a portion of the cost of the city library will be financed by funds to be obtained from an agency of the United States government); to acquire a site for and construct and equip buildings for the housing of fire fighting apparatus, and to purchase fire fighting apparatus, at an estimated cost to the City of $120,000; to purchase and improve a city park, including constructing and equipping a community recreational center and swimming pool, with appropriate fixtures and appurten- ances, at a cost to the City of $118,000 (it being contemplated that a portion of the cost of the city park will be financed by funds to be obtained from an agency of the United States government); and to refund the 1960 Bonds, at an Page 2 estimated cost to the City of $105,000; which estimates of cost include necessary expenses incidental to the accomplishing of the improvements, to the refunding of the 1960 Bonds, and to the issuance of bonds (hereinafter described); and WHEREAS, the proposed improvements, described above, and the refunding of the 1960 Bonds can be accomplished only by the issuance of General Obligation Bonds (called collectively "bonds ") of the City, in a total amount of $425,000, under the provisions of Amendment No. 13 to the Con- stitution of the State of Arkansas; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of ja.cksonville, Arkansas: Section 1. That there be submitted to the electors of the City at a special election to be held on the day of , 1967, the question of issuing bonds in the following amounts and for the following specified purposes: (a) $82,000 for the acquisition of a site for and the construction and equipment of a city library; (b) $120,000 for the acquisition of a site for and the construction and equipment of buildings for the housing of fire fighting apparatus, and for the purchase of fire fighting apparatus; (c) $118,000 for purchasing and improving a city park, including the construction and equipping of a community recreational center and swimming pool, with appropriate fixtures and appurtenances; (d) $105,000 for the refunding of the 1960 Bonds. The bonds issuance of which is contemplated for the purposes set forth above in (a). (b) , and (c) of this Section 1 shall be hereinafter called 1 Page 3 ".'Irnprovement Bonds" . The bonds issuance of which is contemplated for the purpose set forth above in (d) of this Section 1 shall be hereinafter called "Re €undina Bonds ", The City Council has thoroughly investigated the proposals and in its considered Judgment believes that all are essential to the health, safety and welfare of the citizens. Due to the constitutional limitation on available millage, the proposed financing method is the only way that sufficient funds can be obtained for all of the proposals in that the refunding of the 1960 Bonds will release the miilage pledged to those bonds (together with the additional millage available under the Constitution) for the financing of the present proposals, which released millage will support additional principal amount of bonds because of increased assessed valuation since 1960. If less than all of the proposals are approved the City Council will have to reevaluate the feasibility of proceeding with only part of the proposals because this may result in necessarily committing more Silage than is required. Nevertheless, the Constitution does specify that each proposal must be voted on separately and for that reason the ballot is to set forth an opportunity for a separate vote. • • • Page 4 • AMOUNT 1971 $ 5,000 1972 5,000 1973 6,000 • 1974 • 6,000 1975 7,000 1976 • 7,000 1977 8,000 . 1978 8,000 1979 9,000 1980 10,000 1981 10,000 1982 11,000 . 1983 12,000 1984 13,000 . 1985 14,000 1986 14,000 . 1987 15,000 • 1988 16,000 1989 17,000 1990 . 18,000 1991 19,000 • 1992 20,000 • 1993 . 22,000 1994 24,000 1995 26,000 1996 28,000 1997 • 29,000 1998 • 46,000 • • • •i • Page 5 Section 3. The question shall be placed on the ballot for the election in substantially the following form: Vote on each measure by placing an "X" in the square opposite the measure for or against: For an issue of bonds in the amount of $82,000 for the acquisition of a site for and the construction and equipment of a city library Against an issue of bonds in the amount of $82,000 for the acquisition of a site for and the construction and equipment of a city library CJ For an issue of bonds in the amount of $120,000 for the acquisition of a site for and the construction and equipment of buildings for the housing of fire fighting apparatus, and the purchase of fire fighting apparatus / • Against an issue of bonds in the amount of $120,000 for the acquisition of a site for and the construction and equipment of buildings for the housing of fire fighting apparatus, and for the purchase of fire fighting apparatus . . . . . . . . . . . . . . . . . . . . . . For an issue of bonds in the amount of $118,000 for purchasing and improving a city park, including constructing and equipping a community recreational center and swimming pool, with appropriate fixtures and appurtenances Against an issue of bonds in the amount of $118,000 for purchasing and improving a city park, including constructing and equipping a community recreational center and swimming pool, with appropriate fixtures and appurtenances L7 If bonds for one or more of the above set forth purposes are approved by the electors, they will be combined into one issue together with refunding bonds in the amount of $105,000 to refund the outstanding bonds of the City of Jacksonville General Obligation Hospital Bond Issue dated July 1, 1960, which combined issue of bonds • • 1 Page 6 will mature serially on February 1 in each of the years 1971 to 1997, inclusive. In the event bonds are approved for fewer than all of said purposes, the improvement bonds for the purposes approved and the refunding bonds, in com- bined issue, will be issued with the same maturity dates but for proportionately less amounts. It is contemplated that a part of the cost of the city library and the city park will be financed by matching funds to be obtained from an agency of the United States government. The City Council will levy and there will be collected a continuing annual tax in an amount sufficient to insure the payment of the principal of and interest on the bonds that are issued. The bonds that are issued will bear interest at the rate accepted by the City at the public sale of the bonds, and may be sold with the privilege of conversion. The bonds shall be callable for payment prior to maturity upon the terms specified in the Notice of Public Sale of the bonds. The bonds shall be sold at public sale and shall bear interest at such rate or rates as are accepted by the City at the sale and may be sold with the privilege of conversion to an issue bearing a lower rate or rates of interest. Any con- version must be upon such terms that the Cit y receives no less and pays no more than it would receive and pay if the bonds were not converted. The conversion shall be subject to the approval of the City Council, the City's fiscal agent, and the Paying Agent for the bonds. The Refunding Bonds, in the amount of $105,000, will be issued only in the event issuance of Improvement Bonds is approved for one or more of the purposes set forth in Section 1 of this Ordinance. If any Improvement Bonds are approved, those approved will be combined into a single issue with the Refunding Bonds. If less than all Improvement Bonds are approved, there will be a proportionate reduction in the maturity schedule, and the bonds will be issued with the same maturity dates but for proportionately less amounts. Section 4, That the election shall be held and conducted and the vote canvassed and the results declared under the law and in the manner now provided for municipal elections, so far as the same is applicable, and the Mayor of the City of Jacksonville is hereby authorized and directed to give Page 7 notice of such election by an advertisement published weekly once a week for four times in a newspaper published in the City of Jacksonville, Arkansas and having a bona fide circulation therein, the last publication to be not less than ten days prior to the date of the election, and only qualified voters of • the City of Jacksonville, Arkansas, shall have the right to vote at said election on said question. Section 5. That the results of said election shall be proclaimed by the Mayor and his proclamation shall be published one time in a newspaper • published in the City of Jacksonville, Arkansas, and having a bona fide circulation therein, which proclamation shall advise that the results as pro- claimed shall be conclusive unless attacked in the courts within thirty days after the date of such proclamation. Section 6. That the Mayor is authorized to advertise, according to the terms of Amendment No. 13 to the Constitution of the State of Arkansas, the public sale of the proposed bond issue. Section 7. That a copy of this ordinance shall be given to the Pulaski County Board of Election Commissioners so that the necessary election officials and supplies may be provided. Section 8. That all ordinances and parts thereof in conflict herewith axe hereby repealed to the extent of such conflict. Section 9. That it is hereby ascertained and declared that there is an immediate and urgent need for a city library, city fire stations and fire fighting apparatus, and a city park, including a community recreational center aid swimming pool, in order to promote and protect the health, safety and welfare of the City and its Inhabitants, and that these improvements can be accomplished only by the issuance of bonds. It is, therefore, declared that an emergency exists and this ordinance being necessary for the immediate Page 8 preservation of the public peace, health, and safety shall be in force and take effect immediately from and after its passage. PASSED: APPROVED: ` / Y1 L I ATTEST: city clerk (SEAL) • •. CERTIFICATE STATE OF ARKANSAS ) ) COUNTY OF PULASKI ) I, the undersigned, City Clerk of the City of Jacksonville, Arkansas, do hereby certify that the foregoing is a true, correct and compared copy of Ordinance No.• passed by the City Council and approved by the Mayor of the City of Jacksonville, Arkansas on the day of 19s, and that the same now appears of record in my office, in Ordinance Book No. at page r:.; >::= IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the City of Jacksonville, Arkansas, this J C ' day of " a :exe,: ego- 19 e•• r City Clerk • (SEAL) • •