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112800 1 2 RESOLUTION NO. 11,280 0 3 A RESOLUTION TO APPOINT THE FIRM OF FRIDAY, ELDREDGE & 4 CLARK AS BOND COUNSEL FOR THE PROPOSED ISSUANCE OF CITY 5 OF LITTLE ROCK, ARKANSAS, CAPITAL IMPROVEMENT REVENUE 6 BONDS, SERIES 2002; AND FOR OTHER PURPOSES. FI 8 WHEREAS, the City has reviewed and considered means to make the .various City 9 buildings more energy efficient, and after an analysis by Johnson Controls, Inc., done pursuant to 10 the authority granted in Little Rock, Ark., Resolution No. 11,135 (October 2, 2001), it has been 11 determined that with proper conservation measures, equipment and services, such savings can be 12 obtained, and 13 WHEREAS, it has further been determined that the savings in energy costs are sufficient in 14 and of themselves to pay for the equipment needed to provide these improvements, and 15 WHEREAS, the City may issue capital improvement revenue bonds and use the proceeds 16 from these bonds to pay for the cost of this equipment, and 17 WHEREAS, it is necessary for the City to employ recognized bond counsel to assist in the 18 development and issuance of these bonds, and after submission of a Request for Qualifications 19 which was responded to by three different law firms it was determined that the most qualified 20 firm for this particular issue is the Little Rock firm of Friday, Eldredge & Clark, and 21 WHEREAS, pursuant to state law and local ordinance an appropriate agreement has been 22 negotiated with Friday, Eldredge & Clark, so work can begin on the issuance of up to $7,500,000 23 Capital Improvement Bonds, Series 2002; and 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE 25 CITY OF LITTLE ROCK, ARKANSAS: [PAGE 1 OF 2] Resolution Selection of Bond Counsel for energy conservation bonds (Johnson Controls) 0 0 1 Section 1. The City Manager is hereby authorized to enter into an agreement with the 2 firm of Friday, Eldredge & Clark to act as bond counsel for the City of Little Rock Capital 3 Improvement Bonds, Series 2002. 4 Section 2. While other costs which may be reimbursed from the proceeds of the bond 5 issue contemplated in this resolution may be identified at a later time, the City specifically 6 authorizes pursuant to state and federal law that the legal costs for the issuance of these bonds will 7 be reimbursed from, or will be otherwise paid as a part of, the proceeds of the bond issue. 8 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, 9 phrase, or word of this resolution is declared or adjudged to be invalid or unconstitutional, such 10 declaration or adjudication shall not affect the remaining portions of the resolution which shall 11 remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional 12 was not originally a part of the resolution. 13 Section 4. Repealer. All resolutions, bylaws, and other matters inconsistent with this 14 resolution are hereby repealed to the extent of such inconsistency. 15 ADOPTED: May 7, 2002 16 ATTEST: APPROVED: 17 18 7ZAawe4l 64Z'�l 94� 0-46W-1 19 Na cy Woo , City Clerk Jim 6ailey, Mayor 20 21 APPROVED AS TO LEGAL FORM: 22 / 23 24 Thomas M. Carpenter, City Attorney 25 // 26 // 27 H [PAGE 2 OF 21 Resolution Selection of Bond Counsel for energy conservation bonds (Johnson Controls)