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0200 �. • • l } ORDINANCE NO. AN ORDINANCE AUTHORIZING REFUNDING OF OUTSTANDING GENERAL OBLIGATION BONDS OF THE CITY OF JACKSONVILLE, ARKANSAS, DATED JULY 1, 1960; AUTHORIZING THE ACQUISITION OF A SITE FOR AND THE CONSTRUCTION AND EQUIPMENT OF A CITY LIBRARY; AUTHORIZING THE ACQUISITION OF A SITE FOR AND THE CONSTRUCTION OF BUILDINGS FOR THE HOUSING OF FIRE FIGHTING APPARATUS, AND FOR THE PURCHASE OF FIRE FIGHTING APPARATUS; AUTHORIZING THE PURCHASE AND IM- , PROVEMENT OF A CITY PARK, INCLUDING THE CONSTRUCTION AND EQUIPMENT OF A COMMUNITY RECREATIONAL CENTER AND SWIMMING POOL, WITH APPROPRIATE FIXTURES AND APPURTENANCES; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS; LEVYING A TAX TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS; 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, by Ordinance No. 196, duly passed by the City Council of the City and approved on the 2nd day of November, 1967, there were sub- miffed to the qualified electors of the City the question of issuing, under Amend- ment No. 13 of the Constitution of the State of Arkansas, General Obligation Refunding and Improvement Bonds (called "bonds ") for the following purposes: 1. $82,000 for the acquisition of a site for and the construction and equipment of a city library, it being contemplated that a portion of the cost will be financed by funds to be obtained from an agency of the United States Government; 2. $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; 3. $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, it being contemplated that a portion of the cost will be financed by funds to be obtained from an agency of the United States Government; with provision made for the combining of those bonds approved by the electors into one combined issue with refunding bonds in the amount of $105„000 for refunding the outstanding General Obligation Hospital Bonds of the City, dated July 1, 1960 (called "1960 bonds "); and • • • •4. • Page 2 WHEREAS, due notice of the election was given as required by law and the election was duly- held on the 12th day of December, 1967, at which election bonds for all the purposes enumerated above were approved; and WHEREAS, the results of the election were announced by the Mayor by a proclamation published on,the 28th day of December, 1967, in a newspaper of bona fide circulation in the City; and WHEREAS, the City duly offered for sale borlds in the aggregate - principal amount of $425,000 which, after due advertisement for the time and in the manner required by law, were sold on the 19th day of January, 1968, to Stephens, Inc., Little Rock, Arkansas, at a price of par, plus accrued interest for bonds bearing interest at 4,90% per annum; and WHEREAS, as authorized the purchaser has elected to convert the $425,000 in principal amount of 4.90% bonds to an issue of $475,000 in principal amount of 2 -1/2 %, 4 -1/4 %, 4 -1/2% and 4 -3/4% bonds, hereinafter described in detail, and the City Council has examined the conversion and has found that the City will pay no more and receive no less than it would pay and receive if the bonds had not been converted; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Jacksonville, Arkansas: Section 1. That the above - described acquisition of a site for and construction and equipment of a city library, acquisition of a site for and con- struction and equipment of buildings for the housing of fire fighting apparatus and for the purchase of fire fighting apparatus, and purchase and improvement of a city park, including construction and equipment of a community recreational center and swimming pool, with appropriate fixtures and appurtenances (called "improvements ") approved by the electors of the City at said election be accom- plished and that the 1960 Bonds be refunded. Page 3 Section 2. That the sale of $425,000 in unconverted principal amount of bonds at the above - described price to the above -named purchaser and the conversion of the bonds as set forth above be, and the same hereby are, approved and confirmed. Section 3. That under the authority of the Constitution and laws of the State of Arkansas, including particularly Amendment No. 13 to the Constitution of the State of Arkansas, City of Jacksonville, Arkansas, General Obligation Refunding and Improvement Bonds are hereby authorized ordered issued in the total principal amount of $475,000, the proceeds of the sale of which are necessary to provide sufficient funds for the improvements and refunding the 1960 Bonds, and to pay the necessary expenses incidental to the issuance of the bonds. The bonds shall be numbered consecutively from one (1) to four hundred seventy -five (475), inclusive, and all bonds shall be in the denomination of $1,000 each. The bonds shall be dated February 1, 1968, and interest shall be payable semiannually on February 1 and August 1 of each year, commencing August 1, 1968. The bonds shall bear interest as follows: Bonds Nos. 1 to 88, inclusive, being the bonds maturing in the years 1971 to 1978, inclusive, shall bear interest at the rate of 4 -1/4% per annum; Bonds Nos. 89 to 152, inclusive, being the bonds maturing in the years 1979 to 1983, inclusive, shall bear interest at the rate of 4 -1/2% per annum; Bonds Nos. 153 to 226, inclusive, being the bonds maturing in the years 1984 to 1988, inclusive, shall bear interest at the rate of 4 -3/4% per annum; Bonds Nos. 227 to 322, inclusive, being the bonds maturing in the years 1989 to 1993, inclusive, shall bear interest at the rate of 4 -1/2% per annum; Bonds Nos. 323 to 429, inclusive, being the bonds maturing in the years 1994 to 1997, inclusive, shall bear interest at the rate of 4 -1/4% per annum; and Bonds Nos . 430 to 475, inclusive, being the bonds maturing in the year 1998, shall bear interest at the rate of 2 -1/2% per annum. The principal and interest shall be payable in lawful money of the United States of America upon 1 • Page 4 presentation of the bond or proper coupon at the office of ArKtth sr C Ran k f - Tig.s Gni r,w y �m� S / r; ' l _s / A ricilicei The bonds (subject to the provisions / for redemption prior to maturity as hereafter set forth) shall mature on February 1 of each year as follows: YEAR BOND NOS, AMOUNT 1971 1 -- 10 $10,000 1972 11 - 20 10,000 1973 21 - 31 11,000 1974 32 - 42 11,000 1975 43�- 5 , i 11 1976 1977 65 - 76 12,000 1978 77 - 88 12,000 1979 89 - 100 12,000 1980 101 - 112 12,000 1981 113 - 125 13,000 1982 126- 138 13,000 1983 139 - 152 14,000 1984 153 - 166 14,000 1985 167 - 180 14,000 1986 181 - 195 15,000 1987 196 - 210 15,000 1988 211 - 226 16,000 1989 227 - 243. 17,000 1990 244- 261 ;: , 18,000 1991 262 �;. 80s..g � . y � 4: 19,000 , 1992 281 - 300 ' { . 20,000 ';:k 1993 301.-'322 22,000 11994: 323 - 346 24,000 w 199$ 347 - 372 26,000 1996 373- 400 28,000 0. „ M -1997 3 F - 401 - 429 29,000 i 1998 4 10 - 475 • 46,000.x' Section 4. That the bonds shall be executed on behalf of the City by the Mayor and City Clerk and shall have impressed thereon the seal of the City. Interest coupons attached to each of the bonds shall be executed by the Mayor. The bonds may and the coupons will be executed by the facsimile signature of the Mayor, but the bonds must be executed by the manual signature of the City Clerk. The facsimile signature of the Mayor on the bonds and coupons shall have the same force and effect as if he had personally signed each of the bonds and coupons. Section_5. That the bonds and coupons shall be in substantially the following form: 4 UNITED STATES OF AMERICA STATE OF ARKANSAS COUNTY OF PULASKI CITY OF JACKSONVILLE % GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BOND No. $1,000 KNOW ALL MEN BY THESE PRESENTS: That the City of Jacksonville, Arkansas (called "City "), in the County of Pulaski, acknowledges itself to owe and, for value received, promises to pay to bearer the sum of ONE THOUSAND DOLLARS in lawful money of the United States of America on the first day of February, 19, and to pay interest hereon at the rate of _ per cent ( %) per annum from date, semiannually on February 1 and August 1 of each year, commencing August 1, 1968, upon presentation and surrender of the annexed coupons as they severally become due. Both principal and interest of this bond are hereby made payable at Arh'6119545 al K + 7`rKsf Coq) coy , 16t5•.^iti,s HY'1' ait5as This bond is one of a series of four hundred seventy -five (475) bonds, aggregating Four Hundred Seventy -Five Thousand Dollars ($475,000), dated February 1, 1968, and numbered from one (1) to four hundred seventy -five (475), inclusive, all of like tenor and effect except as to number, rate of interest, maturity and right of prior redemption, and the bonds are issued for the purpose of refunding the General Obligation Hospital Bonds of the City of Jacksonville, Arkansas, dated July 1, 1960, and for the acquisition of a site for and the con- struction and equipment of a city library, 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, and 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. Page 6 This bond and the issue of which it forms a part (called "bonds ") are issued pursuant to and in full compliance with the Constitution and laws of the State of Arkansas, including particularly Amendment No. 13 to the Constitution of the State of Arkansas and pursuant to ordinances of the City Council of the City and an election duly held at which the majority of the legal voters of the City voting on the question voted in favor of the issuance of the bonds. The bonds are general obligations of the City of Jacksonville, Arkansas, payable from the proceeds of a five (5) mill continuing annual special tax levied by the City Council of the City under the authority of Amendment No. 13 to the Constitution of the State of Arkansas, and the City hereby pledges its full faith, credit and taxing power, including the five (5) mill continuing annual special tax, for the payment of the bonds. The City has agreed that all revenues received from the continuing annual• special tax in excess of the amount necessary to insure the prompt payment of the principal of, interest on and the Paying Agent's fees in connection with the bonds as they mature must be used from time to time on each interest payment date for redeeming bonds prior to maturity as those excess revenues are available therefor. The bonds will be callable for payment prior to maturity in inverse numerical order at par and accrued. interest as follows: From surplus proceeds of the sale of the bonds not required for accomplishing the refunding and improvements described above, and from surplus tax collections on any interest paying date; from funds from any source on any interest paying date on and after February 1,-_1973. Notice of the call for redemption shall be published one time in a newspaper published in the City of Little Rock, Arkansas, and having a general circulation throughout the State of Arkansas, giving the number and maturity of each bond being called, with the publication to be at least fifteen (15) days prior to the redemption date, and after the date fixed for redemption each bond so called shall cease to bear interest, provided funds for its payment are on deposit with the Paying Agent at that time. Page 7 IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things required to exist, happen and be performed, under the Constitution and laws of the State of Arkansas, particularly Amendment No. 13 to the Constitution of the State of Arkansas, precedent to and in the issuance of these bonds have existed, have happened and have been performed in due time, form and manner as required by law; that the indebtedness represented by these bonds does not exceed any constitutional or statutory limitation; and that a tax sufficient to pay these bonds, together with interest thereon, has been duly levied in accordance with Amendment No. 13 to the Constitution of the State of Arkansas and made payable annually until all of the bonds and interest thereon have been fully paid and discharged. This bond shall not be valid until it shall have been authenticated by the certificate hereon duly signed by ' f r . : t . • Y IN WITNESS WHEREOF, the City of Jacksonville, Arkansas, has caused this bond to be executed in its name by either the manual or facsimile signature of its Mayor, and its corporate seal to be affixed and attested by the manual signature of the County Clerk, and has caused the interest coupons hereto attached to be executed by the facsimile signature of its Mayor, all as of the first day of February, 1968. CITY OF JACKSONVILLE, ARKANSAS ATTEST: By Mayor City Clerk (SEAL) . . L. • Page 8 (Form of Coupon) No. $ February On the first day of August, 19 the City of Jacksonville, Pulaski County, Arkansas , unless the bond to which this coupon is attached is paid prior thereto, hereby promises to pay to bearer DOLLARS inns� lawful money of the United States of America at the office of Ark'ghsal Rem k it �u,sF -na+hf Z 7 /otfrr,h s s fd 1 kea n 54 s, being six months interest then due on its neral Obligation Refunding and Improvement Bond, dated February 1, 1968, and numbered . CITY OF JACKSONVILLE, ARKANSAS 13y (facsimile si•nature Mayor On each bond shall appear the following: CERTIFICATE This is to certify that this is one of the 475 bonds of the issue mentioned and described within. , Trustee By (Authorized Signature) Page 9 Section 6. That in order, to pay the principal of and interest on the bonds as they mature there is hereby levied a tax of five (5) mills (called "special tax ") on each dollar of assessed valuation of the taxable real and personal property within the City, to be collected with the taxes collected in the year 1969, and as long thereafter as may be necessary to pay the principal of, interest on and Paying Agent's fees in connection with the bonds. The City Clerk is directed to transmit a copy of this Ordinance to the County Clerk of Pulaski County, Arkansas, to the end that the special tax may be extended on the tax books of Pulaski County and collected annually along with the other taxes until thr: bonds and interest thereon are paid in full. The City covenants and agrees that all of the revenues derived from the special tax shall be deposited in a separate fund, . which is_hereby created and designated "1968 General Obligation Refunding and Improvement Bond Fund" (called "Bond Fund "), in some bank that is a member of the Federal Deposit Insurance Corporation, and & he used solely for the payment of the principal of, interest on and Paying Agent's fees in connection with the bonds, as set forth in this Ordinance. The amount of the Bond Fund depost_inexcess of that insured by the Federal Deposit Insurance Corporation must be continuously se- cured by direct or fully guaranteed obligations of the Government of the United States of America The City covenants that all revenues derived from the special tax in excess of the amount necessary to insure the prompt payment of the principal of and interest on the bonds as they mature shall be used from time to time -On each interest paying date for the redemption of bonds prior to maturity as and when funds are available therefor. Section 7. That for the prompt payment of the bonds, with interest, the City of Jacksonville, Arkansas, hereby pledges its full faith, credit and taxing power, including the special tax levied in Section 6 of this Ordinance. • • • Page 10 Section 8. That in order to pay the principal of and interest on the bonds as they mature and as they are redeemed prior to maturity, there are hereby appropriated the entire proceeds of the special tax levied in Section 6 of this Ordinance, and if the proceeds be not sufficient to pay the principal of and interest on the bonds as they mature there are hereby appropriated sufficient additional sums out of the general revenues of the City to accomplish • payment at maturity. The principal of and interest on the bonds mature according to the following schedule: • • • ' • { Page 11 INTEREST YEAR BOND NOS. PRINCIPAL FEBRUARY 1 AUGUST 1 TOTAL 1968 S1,0,176.25, $10,070.25 1969 $10,076.25 10,076.25 20,152.50 1970 1Q Z 25 10,076.25 . 20 152.50 I;: r4 4 49 4 1971 1 — 10 $10 000 � � n78 25 9,�$_63, 1972 11 — 20 `10,000 �? • ';:9,863 75 7» . 6 j5' 29 515.00 1973 21 — 3,1 11,000 9,651 25 ' 9,417.50 30,068.75 1974 "32 — 42• '°•'ti h h *. ervi ;,y e";9„ ¢ 417 50,,`r 9,183.7_ ,,'29,601..25 1975 43 — 53 �'iL ",�, ,= '9,183.75 8a9.54..0®r, ;' 29,133.75 1976 54 — .64_ 110 11„000 561 8,950.00 8,716.25 28,666.25 1977 65 — 76 12,000 8,716.25 8,461.25 29,177.50 1978 77 — 88 12,000 8,461.25 8,206.25 28,667.50 1979 89 — 100 12,000 8,206.25 7,936.25 28,142.50 1980 101 — 112 "'' 12,000 7,936.25 7,666.25 27,602,50 1981 113 - 125 13,000 7,666.25 7,373.75 28,040.00 1982 126 — 138 ir 13,000 7,373.75 7,081.25 27,455.00 1983 139 — 152 ``" 14,000 7,081.25 6,766.25 27,847.50 1984 153 — 166 14,000 6,766.25 6,433.75 27,200.00 1985 167 — 180 14,000 6,433.75 6,101.25 26,535.00 1986 181 — 195 `` 15,000 6,101.25 5,745.00 26,846.25 1987 196 — 210 15,000 5,745.00 5,388.75 26,133.75 1988 211 — 226 t 16,000 5,388.75 5,008.75 26,397.50 1989 227 — 243 f,G0n ? ` 17,000 5,008.75 4,626.25 26,635.00 1990 244 — 261 1 ' ' .18,000 4,626.25 4,221.25 26,847.50 1991 (262 — 280) 5� -' '' 19,000 4,221.25 3,793.75 27,015.00 19925481 — 300•,, ;`: 20,000 3,793.75 3,343.75 27,137.50 1993x; > ' 301 — 322 , f. 22 3,343.75 2,848.75 28,192.50 1994 323 — 346 `, 24,000 2,848.75 2,338.75 29,187.50 1995 347 — 372 - 4' -%,.., 1 26,000 2,338.75 1,786.25 30,125.00 1996 373 — 400 28,000 1,786.25 1,191.25 30,977.50 1997 - 401 — 429 ' I, 1" •._ . 29,0(10_ , 1,191,25 575.00 30,766.25 1998 430 — 475 7, 46,000 575.00 46,575.00 ,', ^+ ( el {4 r i`o Page 12 Section 9. That the bonds shall be callable for redemption prior to maturity in accordance with the terms set out in the face of the bond form in Section 5 of this Ordinance. Section 10. That the Treasurer of the City of Jacksonville, Arkansas, is hereby ordered and directed to place on deposit with the l itah54 , 1 Lione4- / Y11 i 5b r r',r s ArK sac , the Paying Agent, at least five (5) days before the maturity or redemption of any bond or interest couporf issued hereunder, an amount from the funds herein appropriated equal to the amount of such bonds or coupons for the sole purpose of paying the same, together with the customary Paying Agent's fees. Such deposit shall be at the risk of the City and shall not operate as a payment of the bonds or coupons until so applied. This instruction to the Treasurer is irrevocable and may en- forced by mandamus. Section 11. That A .h ; a K 130.4 1-- l Y tm sai ' 1 1 h r , is designated as Paying Agent. The holders of a majority in value of the outstanding bonds at any time may by an instrument duly executed and recorded in the office of the City Clerk appoint a new Paying Agent, who shall have all of the powers of the Paying Agent originally named, and the Paying Agent herein named may resign at any time upon ten (10) days notice in writing mailed to the City Clerk. In the event of a vacancy in the office of Paying Agent and the failure of the holders of a majority in value of the outstanding bonds to take the necessary action to appoint a new Paying Agent within thirty (30) days after such vacancy occurs, the City shall forthwith designate a new Paying Agent. Section 12. That if default is made and continues for thirty (30) days in the payment of any interest coupon, the holder of the bond to which it is attached may declare the same immediately due and payable, and the failure of the holder to exercise this option upon any default shall not be a waiver of his right to exercise the option upon any subsequent default. Page 13 Section 13. That when the bonds have been executed by the Mayor and City Clerk and the MO of the City impressed as herein provided, they N C � shall be delivered to Q F15JC t 13451.h k!- Vas rt. r r AA i e dbt5n5 , the Trustee , which shall authenticate them and deliver them to the purchaser upon payment of the purchase price of $425,000, plus accrued interest from February 1, 1968 (called "total sale proceeds "). There shall be deducted from the total sale proceeds and deposited in the Bond Fund, an amount sufficient to provide for debt service requirements for which revenues derived from the special tax are not available, the City expressly reserving the right to reimburse the Construction Fund (hereafter defined) from the Bond Fund in the amount of such deposit. There shall be deducted from the balance of the total sale proceeds the amount which shall be sufficient to provide for the refunding of the 1960 Bonds on the next redemption date, which amount shall be deposited in trust with the Paying Agent of the 1960 Bonds being refunded with instructions that the same be applied solely to the payment of the principal of and interest on the 1960 Bonds. The remaining balance of the total sale proceeds, after deductions for debt service requirements and the refund of the 1960 Bonds, as aforesaid, shall be deposited in a special account of the City hereby created and designated the "Construction Fund" in a bank that is a member of the Federal Deposit Insurance Corporation. The moneys in the Construction Fund shall be used for accomplishing the improvements, paying expenses incidental thereto, and paying the expenses of issuing the bends, with any unexpended balance to be deposited in the Bond Fund. Section 14. That the terms of this Ordinance shall constitute a contract between the City of Jacksonville, Arkansas, and the holder or holders of the bonds, and no variations or change in the undertakings herein set forth shall be made while any of these bonds are outstanding, and the holder of any bonds may at any time for and on his own behalf or for and on behalf of all bondholders enforce - the obligations of the City by a proper suit for that purpose. Section 15. That the provisions of this Ordinance are separable, and in the event that any section or part hereof shall be held to be invalid, such invalidity shall not affect the remainder of this Ordinance. Page 14 Section 16. That all ordinances and resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 17. That this Ordinance shall not create any right of any character, and no right of any character shall arise under or pursuant to it, until the bonds shall be issued and delivered. Section 18. That it is hereby ascertained and declared that there is an immediate and urgent need for the acquisition of a site for and the construction and equipment of a city library, for the acquisition of a site for and the con - struction and equipment of buildings for the housing of fire fighting apparatus, and for the purchase of fire fighting apparatus, and 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, 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 preservation of the public peace, health, safety and welfare shall be in force and take effect immediately from and after its passage, PASSED: '. APPROVED: . • ATTEST: Mayor City '` '? (SEAL) • CERTIFICATE The undersigned, City Clerk of Jacksonville, Arkansas, , hereby certifies that the foregoing pages, numbered 1 to 14, inclusive, are a true and perfect copy of Ordinance No. ^„, passed at a session of the City Council of Jacksonville, Arkansas, held at the regular meeting place of the Council at 7 o'clock rte. m. on the. day of 1968, and that said Ordinance is of record in Ordinance Record Book No. 1 , Page 844 ,, now in my possession. GIVVEN under my hand and seal this _ w day of , 1968. City Clerk law Avire (SEAL) it