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HomeMy WebLinkAbout58-71 RESOLUTION• RESOLUTION NO. :57.9/ WHEREAS, flie.Fayetteville Municipal Airport, hereinafter called Drake Field, is badly in need of improvements; and WHEREAS, the improvements needed consist generally of preparation and installation of subgrade, paving and the re- paving of existing runways as described in detail in plans prepared by J. E. McClelland, Consulting Engineer, which are on file in the office of the City Clerk and available for inspection by any interested person; and, WHEREAS, the estimated cost of accomplishing the improve- ments, including the payment of expenses incidental thereto and incidental to the financing thereto is $342,00.0.00, and, WHEREAS, the City does not have the funds available sufficient to accomplish the improvements but can obtain the necessary funds from the Mcllroy Bank of Fayetteville, Arkansas. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The accomplishment of the improvements is hereby authorized. Section 2. Under the authority of the Constitution and Laws of the State of Arkansas, including particularly Act 13S of 1929 as amended, the Mayor and City Clerk shall be and they hereby are, authorized and directed to execute the loan obligation attached hereto marked Exhibit "A" in the principal amount of $145,000.00 for the purpose of financing the cost of accomplishing the improvements, paying necessary expenses incidental thereto, paying the expenses of preparing the loan obligation and providing for interest on the loan obligation, if necessary, until revenues are available. Section 3. The loan obligation will not be a general obligation of the City, but will be a special obligation secured by a pledge of and payable solely from net revenues ("net revenues" as used herein being gross revenue less the costs of operating and maintaining Drake Field) derived from the operation of Drake Field and will not constitute an indebtedness of the City within any constitutional or statu- tory limitation. A special fund has been created and designated "1971 Municipal Airport Revenue Loan Obligation Fund" (The • • • • • ma • • a • 2 "Obligation Fund") and the revenues in the obligation fund are hereby pledged and mortgaged for the equal and ratable payment of the loan obligation. The principal and interest on the loan obligation shall not constitute an indebtedness of the City within any constitutional or statutory limitations. Section 4. So long as the loan obligation is outstand- ing, the City shall continuously operate Drake Field as a revenue producing undertaking and shall not issue or attempt to issue any bonds or incur any loan obligations on a parity of security with this loan obligation or issue any bonds or incur any obligation claimed to be entitled to a priority of lien on, or pledge of, airport revenues over the lien and pledge in favor of this loan obligation, including revenues derived from the herein authorized and any and all future improvements of Drake Field. PASSED AND APPROVED this 9.46( day of 1971. APPROVED: • .40 • Exp"As UNITED STATES OF AMERICA STATE OF ARKANSAS COUNTY OF WASHINGTON CITY OF FAYETTEVILLE 7 1/2% AIRPORT IMPROVEMENT REVENUE LOAN OBLIGATION KNOW ALL MEN BY THESE PRESENTS: That the City of Fayetteville, Washington County, Arkansas, acknowledges itself to owe and for value received promises to pay to Mcllroy Bank, Fayetteville, Arkansas, or assigns, from the Special Fund hereinafter identified, the principal sum of ONE HUNDRED FORTY-FIVE THOUSAND DOLLARS payable in annual installments on October first in the years and amounts set forth below: YEAR 'PRINCIPAL October 1, 1972 $1.0,000.00 October 1, 1973 17,000.00 October 1, 1974 22,000.00 October 1, 1975 24,000.00 October 1, 1976 25,000.00 October 1, 1977 27,000.00 October 1, 1978 20,000.00 in such coin or currency of the United States of. America as at the time of payment shall be legal tender for payment of debts to the United States of America, and to pay interest on the principal sum hereof outstanding, from time to time, in like coin or currency at the rate of 7 1/2% per annum from the interest commencement date hereof, annually on October first of each year commencing October 1, 1972.. • • • This loan obligation is for the purpose of financing the cost to the City of constructing improvements to Drake Field and paying related costs and expenses. This loan obligation is issued pursuant to and in full com- pliance withthe constitution and laws of the State of Arkansas, including particularly Act no. 135 of the Acts of Arkansas for the year 1929 as amended and pursuant to Resolution No. ay adopted and approved on the 9th day of September, 1971. A Special Fund has been created by, and identified in, the authorizing resolution as the "1971 Municipal Airport Revenue Loan Obligation Fund" (The "Obligation Fund"), and reference is hereby made to the authorizing resolution for a detailed statement of the nature and extent of the security and of the rights and obligations of the City. The loan obligation is not a general obligation of the City but is a special obligation payable from and secured by a pledge of the net revenue derived from operation of Drake Field ("net revenues" as used herein being gross revenue less the costs of operating and maintaining Drake Field), all as specified in the authorizing resolution. The principal of the loan obligation with accrued interest shall be subject to prepayment prior to maturity at the option of the City, in any amount without penalty, from funds from any source on any interest payment date on or after October 1, 1972. Monies available for prepayment shall be applied proportionately • 4-4 to all the outstanding loan obligation, Notice of any prepayment shall be given at least fifteen (15) days prior to the date fixed for such prepayment.by first class mail to McIlroy Bank specifying the amount of principal to be prepaid and the amount of accrued interest thereon to the :date of such prepayment. This loan obligation may be assigned and upon such assignment the assignor shall promptly notify the City for verification of the notations on, and completion, if need by, of the payment record attached hereto of the principal and interest paid and prepaid, and every such assignee shall take this loan obligation subject to such condition. IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of the loan obligation, have existed, have happened and have been performed in due time, form and manner, as required by law; that the indebtedness represented by the loan obligation does not exceed any constitutional or statutory limita- tions; and that sufficient revenues have been pledged to and will be set aside into the Loan Obligation Fund, referred to above, for the payment of the principal of and interest on the loan obligation. IN WITNESS WHEREOF, the City of Fayetteville, Arkansas, by its Board of Directors, has caused this loan obligation to be signed by the Mayor and City Clerk thereof and sealed with the seal 1 Y • 4 'of the City,"all as of the fd day of" Age/ 1971 • The interest commencement date of this loan obligation is ATTEST: ateleakowe (SEAL) CITY CLERK CITY OF FAYETTEVILLE, ARKANSAS- •s • Due Date Oct. 1, 1972 Oct. 1, 1973 Oct. 1, 1974 Oct. 1, 1975 Oct. 1, 1976 Oct. 1, 1977 Oct. 1, 1978 PAYMENT RECORD Principal Name of Paying Principal Balance Interest Agent, Authorized Payment Due Payment Official and Title • • •