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HomeMy WebLinkAboutOrdinance 3480 RLED"FOR4R;ECORD ' 90 APR 27 PM 3 90 ORDINANCE NO . 3480 WASHINGTO co aR e AN ORDINANCE CALLING A SPECIAL ELECTION FOR tHROkMPOSH OF SUBMITTING TO THE ELECTORS OF THE CITY OF FAYETTE - �p VILLE , ARKANSAS , THE QUESTIONS OF ISSUING NOT TO EXCEED $ 33 , 019 , 000 IN CAPITAL IMPROVEMENT BONDS FOR VARIOUS FQ CAPITAL IMPROVEMENTS AND PLEDGING ALL OR A PORTION OF THE PROCEEDS OF THE CITY ' S EXISTING ONE PERCENT ( 1 % ) LOCAL SALES AND USE TAX TO RETIRE SAID CAPITAL IMPROVE- MENT BONDS ; PROVIDING PROCEDURES FOR THE ELECTION ; AND DECLARING AN EMERGENCY WHEREAS , the Board of Directors of the City of Fayetteville , Arkansas ( the " City " ) , has determined that it would be in the best interest of the City to issue bonds to finance , with any other available funds , the costs of acquiring , constructing , reconstruc- ting , improving , renovating , expanding and equipping the various capital improvements described in Section 3 hereof ( the " Improve- ments " ) ; and WHEREAS , the Board of Directors of the City has heretofore levied a one percent ( 1 % ) local sales and use tax pursuant to Ordinance No . 3381 , adopted on October 4 , 1988 , which tax was approved by the electors of the City in an election held on November 8 , 1988 ; and (J WHEREAS , the City can , pursuant to Amendment 62 to the Constitution of the State of Arkansas ( "Amendment 6211 ) and Act 871 of the General Assembly of the State of Arkansas for 1985 , as amended ( " Act 871 " ) , issue capital improvement bonds in principal amount not to exceed $ 33 , 019 , 000 to finance , with any other avail - able funds , the costs of acquiring , constructing , reconstructing , improving , renovating , expanding and equipping the Improvements and related costs of issuance and secure the retirement of such bonds with the proceeds of the City ' s existing one percent ( 1 % ) local sales and use tax ; NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS THAT : Section 1 . ( a ) The Board of Directors hereby authorizes the issuance of capital improvement bonds under Amendment 62 , as implemented by Act 871 , in principal amount not to exceed $ 33 , 019 , 000 ( the " Bonds " ) , to finance , with any other available funds , the acquisition , construction , reconstruction , improvement renovation , expansion and equipment of the Improvements and related costs of issuance ; provided , however , that the question of issuance of the Bonds shall be submitted to the electors of the City at a special election as hereinafter provided . ( b ) If approved by the electors of the City and issued , the retirement of the Bonds shall be secured by a pledge of all of the i18ER1364PAGE243 proceeds of the City ' s existing one percent ( 1 % ) local sales and use tax levied pursuant to Ordinance No . 3381 , adopted on October 41 1988 , which tax was approved by the electors of the City at an election held on November 8 , 1988 , or such portion of such proceeds as shall be determined by the City to be adequate to obtain satisfactory ratings or insurance on the Bonds . In addition , such proceeds may be pledged to secure the retirement of not to exceed $ 10 , 000 , 000 of educational facilities bonds of the City approved by the electors of the City at the election held on November 8 , 1988 . ( c ) The Mayor and the City Clerk are hereby authorized to execute a trust indenture which defines the terms and provisions of the Bonds and the rights of the owners of the Bonds and provides for the appointment of a trustee for the Bonds . ( d ) The Board of Directors may negotiate and approve , in its sole discretion , bond insurance or other credit enhancement devices with respect to the Bonds . Section 2 . A special election shall be , and the same is hereby , called to be held in the usual polling places in the City on May 29 , 1990 , at which election there shall be submitted to the electors of the City the questions of issuing the Bonds to be secured as described in Section 1 above for each of the Improvements and in the respective amounts specified in Section 3 hereof . Section 3 . The questions shall be placed on the ballot for the election in substantially the following form : There is hereby submitted to the qualified electors of the City of Fayetteville , Arkansas , the issuance of capital improvement bonds under Amendment No . 62 to the Arkansas Constitution , as implemented by Act 871 of 1985 , as amended , in the principal amount set forth in each question below , for the purpose of financing , with any other available funds , the costs of acquiring , constructing , reconstructing , improving , renovating , expanding and equipping capital improvements for the City as described in the respective question below and related costs of issuance , such improvements including ( i ) streets and bridges , ( ii ) water transmission and distribution facilities , ( iii ) drainage improvements , ( iv ) solid waste collection , disposal , compacting and recycling facilities , ( v ) public parks and playgrounds , ( vi ) police equipment , apparatus and facilities , ( vii ) firefighting vehicles , equipment , apparatus and facilities , ( viii ) emergency medical service vehicles , equipment and facilities , ( ix ) the City Youth Center swimming pool and related facilities , ( x ) parking facilities for the Dickson Street area and ( xi ) maintenance and storage buildings and facilities . The City has levied a one percent ( 1$ ) local sales and use tax within _2 _ EIBERI364PAGE244 the City pursuant to Ordinance No . 3381 , adopted on October 41 1988 , to be levied and collected to a maximum of $ 25 . 00 on each single transaction . The retirement of the bonds shall be secured by a pledge of all of the proceeds of such tax or such portion of such proceeds as shall be determined by the City to be adequate to obtain satisfactory ratings or insurance on the bonds . In addition , such proceeds may be pledged to secure the retirement of not to exceed $ 10 , 000 , 000 of educational facilities bonds of the City approved by the electors of the City at an election held on November 8 , 1988 . In the event that the electors shall approve only a portion of the bonds proposed to be issued , there shall only be issued bonds for the purposes approved by the electors . The bonds that are approved may be combined into one or more issues of bonds , which may be issued at one time or in series from time to time . Vote on each question by placing an " X " in one of the squares opposite the question , either for or against : Question One FOR bond issue in principal amount not to exceed $ 12 , 326 , 000 for the purpose of constructing , reconstructing and improving City streets and bridges . L/ AGAINST bond issue in principal amount not to exceed $ 12 , 326 , 000 for the purpose of constructing , reconstructing and improving City streets and bridges . L/ Question Two FOR bond issue in principal amount not to exceed $ 11 , 615 , 000 for the purpose of acquiring , constructing and equipping water transmission and distribution facilities . L/ AGAINST bond issue in principal amount not to exceed $ 11 , 615 , 000 for the purpose of acquiring , constructing and equipping water transmission and distribution facilities . L/ LIBERU PAGE245 - 3 - Question Three FOR bond issue in principal amount not to exceed $ 1 , 773 , 000 for the purpose of acquiring , constructing and reconstructing drainage improvements . V AGAINST bond issue in principal amount not to exceed $ 1 , 773 , 000 for the purpose of acquiring , constructing and reconstructing drainage improvements . U Question Four FOR bond issue in principal amount not to exceed $ 1 , 179 , 000 for the purpose of acquiring , constructing and equipping solid waste collection , disposal , compacting and recycling facilities . L/ AGAINST bond issue in principal amount not to exceed $ 1 , 179 , 000 for the purpose of acquiring , constructing and equipping solid waste collection , disposal , compacting and recycling facilities . L/ Question Five FOR bond issue in principal amount not to exceed $ 561 , 000 for the purpose of acquiring , constructing and equipping public parks and playgrounds . V AGAINST bond issue in principal amount not to exceed $ 561 , 000 for the purpose of acquiring , constructing and equipping public parks and playgrounds . L/ Question Six FOR bond issue in principal amount not to exceed $ 213 , 000 for the purpose of acquiring , constructing and equipping police equipment , apparatus and facilities . L/ AGAINST bond issue in principal amount not to exceed $ 213 , 000 for the purpose of acquiring , constructing and equipping police equipment , apparatus and facilities . L/ IIBu 1364PAGE246 -4 - Question Seven FOR bond issue in principal amount not to exceed $ 1 , 697 , 000 for the purpose of acquiring , constructing and equipping firefighting vehicles , equipment , apparatus and facilities . L/ AGAINST bond issue in principal amount not to exceed $ 1 , 697 , 000 for the purpose of acquiring , constructing and equipping firefighting vehicles , equipment , apparatus and facilities . L/ Question Eight FOR bond issue in principal amount not to exceed $ 69 , 000 for the purpose of acquiring , constructing and equipping emergency medical service vehicles , equipment and facilities . U AGAINST bond issue in principal amount not to exceed $ 69 , 000 for the purpose of acquiring , constructing and equipping emergency medical service vehicles , equipment and facilities . U Question Nine FOR bond issue in principal amount not to exceed $ 998 , 000 for the purpose of expanding and renovating the City Youth Center swimming pool and related facilities . U AGAINST bond issue in principal amount not to exceed $ 998 , 000 for the purpose of expanding and renovating the City Youth Center swimming pool and related facilities . L/ Question Ten FOR bond issue in principal amount not to exceed $ 2 , 013 , 000 for the purpose of acquiring , constructing and equipping parking facilities for the Dickson Street area . L/ AGAINST bond issue in principal amount not to exceed $ 2 , 013 , 000 for the purpose of acquiring , constructing and equipping parking facilities for the Dickson Street area . L/ LIBER 1364-ZPM 247 -5 - Question Eleven FOR bond issue in principal amount not to exceed $ 575 , 000 for the purpose of acquiring , constructing and equipping City maintenance and storage facilities and buildings . L/ AGAINST bond issue in principal amount not to exceed $ 575 , 000 for the purpose of acquiring , constructing and equipping City maintenance and storage facilities and buildings . L/ In order to retire the bonds , the City shall pledge all of the proceeds its one percent ( 1 % ) local sales and use tax previously approved by the electors of the City or such portion of such proceeds as shall be determined by the City to be adequate to obtain satisfactory ratings or insurance on the Bonds . Section 4 . The election shall be held and conducted and the votes cast and the results declared in the manner provided for municipal elections under the election laws of the State of Arkansas as then in effect . Only qualified electors of the City shall have the right to vote at the election . The City Clerk is hereby authorized and directed to give notice of the election by one advertisement in a newspaper having a general circulation within the City , the publication to be not less than ten ( 10 ) days prior to the date of the election . Section 5 . A certified copy of this ordinance shall be furnished to the Washington County Board of Election Commissioners so that it may place the questions on the ballot for the election , provide the necessary election officials and supplies , and canvass the votes on the questions . A certified copy of this ordinance shall also be provided to the Director of the Department of Finance and Administration of the State of Arkansas and to the Treasurer of the State of Arkansas . Section 6 . The results of the election shall be proclaimed by the Mayor . The Mayor ' s proclamation shall be published one ( 1 ) time in a newspaper having general circulation within the City . The results as proclaimed shall be conclusive unless suit is filed in the Circuit Court of Washington County within thirty ( 30 ) days after the date of publication of the proclamation . Section 7 . The aforesaid pledge of sales and use tax proceeds shall continue until the bonds secured thereby shall have been retired in full . Section 8 . All ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict . EIBEB 136 A PAGE24O - 6 - Section 9 . The Board of Directors hereby determines that the City is in dire need of additional capital funds in order to provide essential capital improvements ; that an appropriate way to provide such funds is by the issuance of bonds as authorized by Amendment No . 62 to the Arkansas Constitution and the implementing legislation therefor ; and that this ordinance shall be given immediate effect so that the essential capital improvements may be acquired , constructed and equipped as soon as possible . Therefore , an emergency is hereby declared to exist and this ordinance being necessary for the immediate preservation of the public health , safety and welfare shall be in full force and effect from and after its passage and approval . � JtJIIMHN",,P#1SSED AND APPROVED this aTR day of April , 1990 , N � GARY/'u' By ; lf/.leg�,, • • oeo �,. May6r • • T A TF{S�P UBER1 �3PAGE-249 ' • a ?4 - 7 - aM111tn4/yy , • . N 10 CERTIFICATE OF RECORD I, Alma r V..r, ayar. Ci--uft C'sAc and p��� � ���.. fx-cF;ddo '.uccr^�;' `_-' " *'. rcann Cauntyr state of 8 AbaMti:, ` : HR]i Kffm%,C,ioryr!c1o0irnae5r' fFiiett`evill' Cgty erk and Er. S'P :PE l t sa ::r 'YdM .n ta' Off 09 asi 'ad horeon r.�et ::x: .^me `.Jw for the City of , ^y t Fayetteville, do hereby certify that the accra 3ook and annexed or foregoing is of record In m5 and cer:";ran :?,^_w Fara cs indL.otca m.acson. office and the Same appear8 In 1: f y. : . : aWr,_K._F i havo F'reunto Ordinance & Resolution bookk page a m ° Witness my ayLind sot my hand and affixed the seul of soid Seal tturs— y of C :art en L':e date indicated hereon. 19 Z� o:'.'neyer E=Atficto $BCAYdCC. C:cult io re and Cle[.c G..oi"':io recorder by $ 33 , 019 , 000 City of Fayetteville , Arkansas Sales and Use Tax Capital Improvement Bonds Series 1990 September 13 , 1990 BOND PURCHASE AGREEMENT On the basis of the representations , warranties and agreements and upon the terms and conditions contained herein , the undersigned , Llama Company ( the " Underwriter " ) , hereby offers to purchase the $ 33 , 019 , 000 Sales and Use Tax Capital Improvement Bonds , Series 1990 ( the " Bonds " ) , to be issued by the City of Fayetteville , Arkansas ( the " City " ) , a political subdivision organized and existing under the laws of the State of Arkansas , under and pursuant to an Ordinance adopted by the City on September 13 , 1990 ( the "Authorizing Ordinance " ) , and a Trust Indenture , dated as of October 15 , 1990 ( the " Indenture " ) , between the City and Mcllroy Bank & Trust , in Fayetteville , Arkansas ( the " Trustee " ) . The Bonds are to be issued by the City pursuant to and in accordance with the provisions of Amendment No . 62 to the Constitution of the State of Arkansas , as implemented by Act No . 871 of the General Assembly of Arkansas for the year 1985 , as amended ( the " Act " ) . The Bonds will constitute special obligations of the City secured by a pledge of revenues received by the City from a one percent ( 1 % ) local sales and use tax ( the " Tax Receipts " ) in amounts sufficient to provide for debt service on the Bonds and to maintain a debt service reserve . The levy of the one percent ( 18 ) local sales and use tax was approved by a majority of the qualified electors of the City voting on the question at a special election held November 8 , 1988 . The issuance of the Bonds and the pledge of the Tax Receipts were approved by a majority of the qualified electors of the City voting on the question at a special election held May 29 , 1990 . The Indenture irrevocably pledges a sufficient portion of the Tax Receipts to the payment of the principal of and interest on the Bonds . The Bonds shall be issued in the forms and denominations set forth in the Indenture ; shall be dated October 15 , 1990 ; shall be numbered as provided in the Indenture ; shall mature annually on November 15 of the years 1991 through 2002 , inclusive , and on November 15 , 2005 and November 15 , 2008 , as set forth in Exhibit A hereto ; shall bear interest payable semiannually on May 15 and November 15 of each year commencing May 15 , 1991 , at the rates set forth in the Authorizing Ordinance and in Exhibit A hereto ; and shall be subject to redemption prior to maturity upon the terms and conditions set forth in the Indenture and the Authorizing Ordinance . The issuance of the Bonds will not result in an excess of indebtedness of the City within the meaning of any constitutional or statutory limitation . The proceeds from the sale of the Bonds are to be used , along with other available moneys , to finance costs of acquiring , constructing and equipping certain capital improvements for the City and to pay the costs of issuance of the Bonds . SECTION 1 , REPRESENTATIONS , WARRANTIES , COVENANTS AND AGREEMENTS . By execution hereof , the City hereby represents to , and agrees with , the Underwriter that : ( a ) The City is a city of the first class and political subdivision duly organized and existing under the Constitution and laws of the State of Arkansas . The City is authorized by the provisions of the Act and the Authorizing Ordinance to issue , sell and deliver the Bonds for the purposes specified above , to adopt and perform its obligations under the Authorizing Ordinance , the Indenture and this Bond Purchase Agreement ( this " Agreement " ) , and to irrevocably pledge a portion of the Tax Receipts to the payment of the principal of and interest on the Bonds as provided in the Indenture . ( b ) The City has full power and authority to consummate all transactions contemplated by this Agreement , the Bonds , the Authorizing Ordinance , the Indenture and any and all other agreements relating thereto to which the City is a party . ( c ) The City has duly authorized all action necessary under the Act or otherwise to be taken by it or on its behalf for : ( i ) the issuance and delivery of the Bonds upon the terms set forth in the Act , the Authorizing Ordinance , the Indenture , this Agreement and the Official Statement ( as hereinafter defined ) ; ( ii ) the execution and delivery by it of the Indenture and this Agreement ; ( iii ) the pledge of a portion of the Tax Receipts ; and ( iv ) the adoption of the Authorizing Ordinance and the performance of its duties thereunder . ( d ) The City has previously provided the Underwriter with copies of its Preliminary Official Statement , including the cover page , dated September 7 , 1990 , relating to the Bonds ( the " Preliminary Official Statement " ) . As of its date , the Preliminary Official Statement has been " deemed final " by the City for purposes of SEC Rule 15c2 - 12 ( b ) ( 1 ) . The Preliminary Official Statement , as amended to conform to the terms of this Bond Purchase Agreement , including Exhibit A hereto , and with such other changes and amendments as are mutually agreed to by - 2 . the City and the Underwriter , is herein referred to as the " Official Statement . " ( e ) Except as described in the Official Statement , there is no . action , suit , proceeding , inquiry or investigation at law or in equity or before or by any court , public board or body pending or , to the knowledge of the City , threatened against or affecting it ( or , to its knowledge , any basis therefor ) wherein an unfavorable decision , ruling or finding would adversely affect the transactions contemplated by this Agreement or would adversely affect the validity of the Bonds , the Authorizing Ordinance , the Indenture , this Agreement or any agreement or instrument to which the City is a party and which is used or contemplated for use in the consummation of the transactions contemplated hereby . ( f ) The descriptions and information contained in the Official Statement relating to the City , its organization , properties , operations and financial condition and the descriptions of the Bonds , the Indenture and the Tax Receipts are , and at the Closing Date ( as defined in this Agreement and used hereinafter ) will be , true and do not contain , and at the Closing Date will not contain , any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made therein , in light of the circumstances under which they were made , not misleading . ( g ) Since December 31 , 1969 , there has not been any material adverse change in the properties , financial position or results of operations of the City , whether or not arising from transactions arising in the ordinary course of business , other than any such changes which are disclosed in the Official Statement , and since such date the City has not entered into any transaction or incurred any liability material as to the City , except as disclosed in the Official Statement . ( h ) The City will not take or omit to take any action which will in any way result in the proceeds from the sale of the Bonds being applied in a manner inconsistent with the provisions of the Authorizing Ordinance and the Indenture . ( i ) The Bonds , when executed and delivered by the City , will constitute special obligations of the City enforceable in accordance with their terms , except to the extent that enforcement thereof may be limited by bankruptcy , insolvency or other similar laws affecting creditors ' rights generally and by the application of general principles of equity . ( j ) The Authorizing Ordinance , the Indenture and this Agreement , when executed and delivered by the City , will be the legal , valid and binding obligations of the City enforceable in accordance with their respective terms , except to the extent - 3 - that enforcement thereof may be limited by bankruptcy , insolvency or other similar laws affecting creditors ' rights generally and by the application of general principles of equity . ( k ) The execution and of the Bonds , the Indenture and this Agreement , the adoption of the Authorizing Ordinance , and the performance by the City of its obligations under the aforementioned , do not and will not violate the Act or any court order by which the City is bound , and such actions do not and will not constitute a default under any existing resolution , agreement , indenture , mortgage , lease , note or other obligation or instrument to which the City is a party , and no approval or other action by any governmental authority or agency other than the State Treasurer is required in connection therewith . proposed listing City tnotified has not been ofany listinor that it is a bond issuer whose arbitrage certifications may not be relied upon . SECTION 2 , PURCHASE , SALE , AND DELIVERY OF THE BONDS . On the basis of , and in reliance upon , the warranties , representations and agreements of the City contained herein and in the other documents and agreements referred to herein and subject to the terms and conditions herein set forth , at the Q Closing Time , the Underwriter agrees to purchase from the City and the City agrees to sell to the Underwriter the Bonds at a / price of of the principal amount thereof ) plus accrue7nteres( t fr the date of the Bonds to the date of payment and thereo , 76, 585 The Bonds shall be issued under and secured as provided in the Authorizing Ordinance and the Indenture , and the Bonds shall have the maturities and interest rates and be subject to redemption as set forth in the Authorizing Ordinance . Payment for the Bonds shall be made by certified or official bank check or draft , wire transfer , or otherwise in funds immediately available to the City on the same day , at the offices of Brown & Wood , in New York , New York , at 10 : 00 a . m . on October 18 , 1990 , or at such other place , date and hour as shall be mutually agreed upon between the City and the Underwriter . The date of such delivery and payment is herein called the " Closing Date , " and the hour and date of such delivery and payment is herein called the " Closing Time . " The Bonds shall be printed or lithographed on steel engraved borders , shall bear CUSIP numbers , shall be . prepared and delivered as fully registered bonds in denominations of $ 5 , 000 or integral multiples thereof ( except for one Bond in the - 4 -