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HomeMy WebLinkAboutOrdinance 1764 ORDINANCE NO , 7 AN ORDINANCE PROVIDING FOR STREET IMPROVEMENTS IN THE CITY OF FAYETTEVILLE , . ARKANSAS ; PROVIDING FOR THE ISSUANCE OF REVENUE BONDS ; PRESCRIBING OTHER MATTERS RELATING THERETO ; AND DECLARING AN EMERGENCY . WHEREAS certain streets in the City of Fayetteville , Arkansas (the " City " ) are badly in need of improvements ; and WHEREAS the improvements needed (the " improvements ") consist generally of excavation , paving , curbing and guttering certain streets in the City as described in detail in plans prepared by a qualified consulting engineer , which are on file in the office of the City Clerk and available for inspection by any interested person; and WHEREAS the esimated cost of accomplishing the improvements , including the payment of expenses incidental thereto and incidental to the financing thereof is $ 80 , 000 ; and WHEREAS the City does not have funds available sufficient to accom - plish the improvements but can obtain the necessary funds by the issuance of tevenue bonds under the provisions of Act No . 317 of 1967 , as amended ; NOW , THEREFORE , BE IT ORDAINED by the Board of Directors of Lhe City of Fayetteville , Arkansas. : Section 1 . The accomplishment of the improvements is heresy autho- sized . Section 2 . Under the authority of the Constitution and laws of the tate of Arkansas , including particularly Act No . 317 of 1967 , as amended , :, t c!et Improvement Revenue Bonds (the " bonds " ) are hereby authorized end Xdc- rc- d issued in the principal amount of $ 80 , 000 for the purpose of financinc the ost of accomplishing the improvements , paying necessary expenses ir.ci6c ital ` hereto , paving the expenses of issuing the bonds and providing for interest o:. he bonds , if necessary , until revenues are available . MICROFILMED DATE OCT r 2 1978 REEL . -.. _ . :h�.n . ......e.. C.v..-. .n .. . . �✓'+urk':..ii'a.=x.:4k "7i .;iL"..a"Y' Jw.r "f' .u. -�v.xti.E:i2a��dv:R51'we'F1h J.r vwW r The bonds have been sold to First irrational Lank , Fayetteville , Arkansas , for a price of par and accrued interest . The bonds shall be dated October 1 , 1970 , and shall bear interest at the rate of six and one - half percent (6 - 1 /27o) per annum . They shall be in the denomination of $ 1 , 000 each , and shall be numbered consecutively from 1 to 80 , inclusive , Interest on the bonds shall be payable semiannually on January 1 and July 1 of each year , commenc- ing July 1 , 1971 , and the bonds shall mature annually on January 1 of each year as follows: YEAR BOND NOS , PRINCIPAL (January 1 ) 1972 1 - 7 $ 71000 1.973 8 - 14 7 , 000 1974 15 -22 81000 1975 23 - 30 81000 1976 31 - 39 9 , 000 1977 40 -48 91000 1978 49 - 58 10 , 000 1979 59 - 69 111000 1980 70 - 80 11 , 000 The bonds shall be initially issued as a single bond (either type - written or printed) registered as to principal and interest , in the principal amount Of $ 80 , 000 , maturing in annual installments as. set forth in the above schedule . f The single bonds may be exchanged by the registered owner , at the expense of the registered owner , for coupon bonds , payable to bearer but subject to regis - tration as to principal or as to principal and interest , in denomination of $ 1 , 000 I each , upon 60 days ' notice to the City . Upon receiving such a request and the making of arrangements satisfactory to the City for the expenses , the City shall proceed to prepare and execute the exchange coupon bonds attributable to the maturities in the above schedule which are then outstanding , The Trustee shall authenticate them and deliver them to the registered owner upon receipt and cancellation of the single fully registered bond , • y�:, r. , x : ,.".SX S" �•,,,�7-; .LP+*w«c:'?i",^""' K .•,; .�'^�,� �" `;'4! '�.l"?5':i J�"+�"":`..Y "'^a'.r"• ''_.,nw' � wi- � ;r .::y .r e.:.;«- . .: ' l Section 3 . 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 . The bonds , together with interest thereon , shall be payable out of the 1970 Street Improvement Revenue Bond Fund , * as hereafter set forth , and shall be a valid claim of the holders thereof only against such Fund and the revenues pledged to such Fund , which revenues are hereby pledged and mortgaged for the equal and ratable payment of the bonds and shall be used for no other purpose than to pay the principal of and interest on the bonds . The bonds and interest thereon shall not constitute an indebtedness of the City within any consti- tutional or statutory limitation . Section 4 . The single bond shall be in substantially the following form , and the Mayor and City Clerk are hereby expressly authorized and directed to make all. recitals contained therein (in the event of an exchange necessary changes shall be made in the bond form to accommodate to a coupon bond) : ' �, {,'=c". $*C`$' rra�'i, .rM'e' 'Yni ' rt¢, ,viw> iy5qus.I, b, �qe� :k}�^.,�,.4 't�''�'Fnti " �' i'i2Y. t UNITED STATES OF AMERICA STATE OF ARKANSAS COUNTY OF WASHINGTON CITY OF FAYETTEVILLE 6- 1/2 % STREET IMPROVEMENT REVENUE BOND No . R $ KNOW ALL MEN BY THESE PRESENTS : That the City of Fayetteville , Washington County , Arkansas ack- nowledges itself to owe and for value received promises to pay to First National Bank , Fayetteville , Arkansas , the registered owner hereof , or assigns , the principal sum of EIGHTY THOUSAND DOLLARS ($ 80 , 000) payable in annual installments on January 1 in the years and amounts set forth below: YEAR PRINCIPAL (January 1 ) 1972 - _7 , 000 - - - - 1973 7 , 000 1974 8 , 000 1975 8 , 000 1976 9 , 000 1977 9 , 000 1978 10 , 000 1979 11 , 000 1980 118000 in such coin or currency of the United States of America as at the time of pay- ment shall be legal tender for the payment of public and private debts and to nay in like coin or currency interest on the unpaid balance of the principal amount at the rate of six and one- half per cent ( 6- 1/2 %) per annum , such interest to be payable semiannually on January 1 and July 1 of each year commencing July 1 , -- 1971 . _ . ' Y =4i=+u��'� v k - .4b51% �:ks-tve2GKKaSr9'•';'FT{t' ' HLb' . '. ZVI I Vk Payment of the principal installments and interest due hereon shall be made directly to the registered owner at his address shown on the bond regis - tration book of the City , without , except for final payment , presentation and .surrender of this bond , and such payment shall fully discharge the obligation of the City to the extent of the payments so made . A payment record shall be maintained by the Trustee , First National Bank , Fayetteville , Arkansas , and the registered owner may , if he so desires , submit this bond at any time for com- pletion to that time of the payment record attached hereto , This bond is issued for the purpose of financing the cost of accom- plishing street improvements within the City , pay necessary expenses incidental thereto , expenses incidental to the issuance of bonds , and , , if necessary , interest until revenues are available . This bond may be exchanged for coupon bonds in the denomination of $ 1 ; 000 each in accordance with the provisions of the Authorizing Ordinance and. the reference herein will be to the " bonds " . The bonds are issued pursuant to and in full compliance with the Constitution and laws of the State of Arkansas , including part icularly .Act No 317 of 1967 , as amended . and pursuant to Ordinance No . /761/ of the City , . adopted and approved on theLLZday of 1970 (the Autho- rizing Ordinance) and do not constitute in indebtedness of the City within any constitutional or statutory limitation . The bonds are not general obligations of the City , but are special obligations payable from and secured by a pledge of the net revenue derived from operation of parking meters within the corporate limits of the City ( " net revenues " as used herein being gross revenues less +4 Ik ZZ�_ rc- e•[m-.. . . rrsr_.s..:�x.- ,z=r.•':eY -..: ;�.,.�:< . ,.,.=x^r;..r•.. ..T'+.1�?'T the costs of operating and maintaining parking meters within the corporate limits of the City) , all as specified in detail in the Authorizing Ordinance . In addition , the City covenants to use for payment of the principal of and interest on the bonds , to the extent that it may legally do so , revenues derived from collections on assessments of benefits attributable to the improvements financed by the proceeds of the bonds levied and collected pursuant to Act No . 252 of 1967 , and ordinances of the City . The City has covenanted and agreed to maintain rates and charges in the operation of parking meters within the corporate limits of the City which shall be sufficient at all times , together with other available revenues , to pro- vide for the expenses of operation and maintenance of the parking meters and to provide for the prompt payment of the principal of and interest on the bonds as j due . A sufficient amount of the pledged revenues to provide for the prompt pay- ment of the principal of and interest on the bonds is to be duly set aside in a special fund designated " 1970 Street Improvement Revenue Bond Fund " created by the Authorizing Ordinance . Reference is hereby made to the Authorizing Ordi- nance for a detailed statement of the nature and extent of the security and the rights and obligations of the City , the Trustee and the holders of the bonds . Installments of principal of the bonds shall be subject to prepay- ment prior to maturity from funds from any source , in whole or in part , in in- verse chronological order , on any interest payment date , in multiples of $ 1 , 000 , at a price of the principal amount being prepaid plus accrued interest to the date of prepayment . Notice of any prepayment shall be given at least fifteen days before the prepayment date by mailing to the registered owner of the bond a notice specifying the prepayment date and the amount of the principal to be prepaid . ..:....:.i..a,�?-e'unsw. ..,..n.wi.;:..ssu`.C:.�r+:,SL,c.�...5s v:.:x...'W:rM�9c:._Yicsr '^*�^ter _€.ia'3^.r.:S:Cil'«^iJ3'`wY••S.'S•....: y3+-.�y.,Ye."+.SJ4'.J.r : .&'s.::ePe �m.—a_..z�.t... . This bond may be assigned and upon such assignment the Assignor shall promptly notify the City at the office of the Trustee by registered mail and the Assignee shall surrender this bond to the Trustee for transfer on the regis - tration book and verification of the endorsement made on the payment record attached hereto of the portion of the principal amount hereof and interest hereon paid or prepaid , and every Assignee shall take this bond - subject to this condi- tion , It is hereby certified , recited. and declared that all acts , conditions and things required to exist , happen or be performed precedent to and in the issuance of the bondshave existed , have happened and have been performed in due time , form and manner as required by law; that the indebtedness represented by the bonds does not exceed any constitutional or stautory limitation; and that sufficient revenues have been pledged to and will be set aside into the special fund provided in the Authorizing Ordinance for the purpose of paying the princi- pal of and interest on the bonds . IN WITNESS WHEREOF the City of Fayetteville , Arkansas by its _ Board of Directors has caused this bond to be signed by the Mayor and by the City Clerk and to be sealed with the seal of the City , all as of the first day of October , 1970 , CITY OF FAYETTEVILLE , ARKANSAS ATTEST : By ;=�t Mayor City Cler / GTi,Oe� (SEAL) <:t.:Q..nr .1: r �i.....r :!+TP3 'Ca':!`?.Z ^t tip' - M ✓^l h"°°.1R.F`'Zsa%.+n .�;q;�., X et � m I.w T. � 5 > 4 1 . CERTIFICATE First National Bank , Fayetteville , Arkansas , hereby certifies that this is one of an issue of bonds described herein aggregating $ 80 , 000 , all of like tenor and effect except as to number , maturity and right of prior redemption . FIRST NATIONAL BANK Fayetteville , Arkansas By Authorized Signature . . '{:{::.»i.:eCshaw;..:x.crr-•`" . atir : .r..- .+�, .mY, ,.6:�..Y�••r!.-„....s+t K..;:.wn�w+x.u::.; ,:.i ..u : . .srz.....:. _ 1 - . 1 - A 1 j . i 1 ^ i t t (Form of Assignment) t j For value received , the registered owner last listed below sells , ! _ conveys , transfers , assigns and delivers this bond to the assignee last i i listed below: REGISTERED OWNER ASSIGNEE i I I r j 1 : i I i i i t t -r_:...la:. • -vi... . .x,,,.xrl:&ai � at.-,..5'�s:cL.12:i.,-zu-..{LdT'af4 x•�_'+� "• - -".;�:s,++J'.P.,,.3_.'"_ .}.::c«w^&:z?a ., x,:.�....c>.x..:.!'�.. -, (The following Payment Record shall be attached to the bond . ) PAYMENT RECORD Principal Signature of Principal Balance Interest Appropriate Due Date Payment Due Payment Date Paid Official and Title July 1 , 1971 January 1 , 1972 July 1 , 1972 i January 1 , . 1973 July 1 , 1973 January 1 , 1974 ' July 1 , 1974 January 1 , - 1975 July I , _ - 1975 January 1 , 1976 July 1 , - 1976 January 1 , 1977 July 1 , 1977 January 1 , 1978 July It 1978 January 1 , - -1979 July 1 , 1979 January 1 , 1980 L<CT '!.ii��an-I . - •� £lY " -..,Ynv Y-y:iL�-fit a�:....:e hrv. ...-v yj yY`�.`r•�.v$.•i.u�wr .Erol-. - . . 14 . .. :. _ .. .:- .. .. . ,. . .jk 14. - i SCHEDULE "A " .'PRINCIPAL INSTALLMENTS ON WHICH PAYMENTS HAVE BEEN MADE PRIOR TO MATURITY ' SIGNATURE OF PRINCIPAL DUE PRINCIPAL DATE APPROPRIATE j DATE AMOUNT PAYMENT BALANCE PAID OFFICIAL AND TITLE l - ux Ma:.s:,as,.m_=.st:e.>..co...�.s-way.- _ssr::s.._.vcsx+.,m7,r>:�e+.t,fCs,..•.,.: .,•-:«.«a�,,+fs�s,rz..ce*yrs.��.5�••G •w:yM:3s+.az�.a,..:�;.+.c:.a.e..v.r,., , . Section 5 . The City covenants and agrees that it will at all times while any of the bonds are outstanding operate as a revenue producing under- taking all parking meters located within the corporate limits of the City (the " parking meters " ) , fix and collect rates and charges in the operation of the parking meters , including the increasing of the same from time to time if neces - sary , which shall be sufficient , together with other available funds , to make the required deposits into the Operation and Maintenance Fund and the 1970 Street Improvement Revenue Bond Fund . Section 6 . All moneys received from the operation of the parking meters shall be deposited in such depository or depositories for the City as may be lawfully designated from time to t ime by the Board of Directors , provided that such depository or depositories shall hold membership in the Federal De- posit Insurance Corporation . All deposits shall be designated so as to indi- cate the particular fund to which the revenues belong . Any deposit in any fund in excess of the amount insured by the Federal Deposit Insurance Corporation must be secured by bonds or other direct or fully guarantee obligations of the United States of America unless invested as herein authorized . Section 7 . Parking Meter Fund . All revenues derived from the operation of parking meters shall be paid into a special fund , which is hereby created and designated " Parking Meter Fund " . Such revenues so deposited in the Parking Meter Fund are hereby pledged and shall be applied as hereinafter set forth . Section 8 . Operation and Maintenance Fund . There shall be paid from the Parking. Meter Fund into a fund which is hereby created and designated " Parking Meter Operation and Maintenance Fund " (the " Operation and Mainte- nance Fund " ) on the first business day of each month so long as any of the bonds are outstanding an amount sufficient to provide for the operation and maintenance of the parking meters . Moneys in the Operation and Maintenance Fund shall be