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15193381 ORDINANCE NO. 15,193 AN ORDINANCE AMENDING ORDINANCE NO. 15,150 OF THE CITY OF LITTLE ROCK, ARKANSAS; APPROVING THE DESIGNATION OF A TRUSTEE AND PAYING AGENT; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGEN- CY. WHEREAS, by Ordinance No. 15,150 of the ordinances of the City of Little Rock, Arkansas (the "City "), passed and approved on the 5th day of August, 1986 ( "Ordinance No. 15,150 "), there were authorized and ordered sold City of Little Rock, Arkansas General, Obligation Industrial Development Bonds., Port Authority Project, in the total principal amount of $2,500,000 (the "Bonds "); and WHEREAS, at the public sale conducted September 23, 1986, the Bonds (hereinafter described in detail) were sold by the City to George K. Baum & Company, Dabbs Sullivan Division and FirstSouth Capital Corp. (the "Purchasers "); and WHEREAS, in accordance with the terms of Ordinance No. 15,150, the Purchasers have designated First Commercial Bank, National Association, Little Rock, Arkansas, as Trustee and Paying Agent; and WHEREAS, the Board of Directors has determined that certain provisions of Ordinance No. 15,150, should be amended and clarified; NOW, THEREFORE, BE IT RESOLVED by the Board of Direc- tors of the City of Little Rock, Arkansas: Section 1. That First Commercial Bank, National Association, Little Rock, Arkansas, is hereby approved -and confirmed as Trustee and Paying Agent of the Bonds. Section 2. That as provided in Ordinance No. 15,150, the principal of and interest on the Bonds shall be paid from funds in the "General Obligation Port Bond Retirement Fund" as they mature according to the following schedule: c - y- M M � 0 M M M 382 Year Interest Interest Mar. 1) Rate Principal March 1 September 1 Total 1987 74,586.25 74,586.25 74,586.25 1988 74,586.25 74,586.25 149,172.50 1989 7.00 95,000 74,586.25 71,261.25 244,172.50 1990 7.00 100,000 71,261.25 67,761.25 242,522.50 1991 7.00 110,000 67,761.25 63,911.25 245,522.50 1992 7.00 115,000 63,911.25 59,886.25 242,822.50 1993 5.90 130,000 59,886.25 56,051.25 249,772.50 1994 6.05 135,000 56,051.25 51,967.50 247,102.50 1995 6.20 145,000 51,967.50 47,472.50 248,935.00 1996 6.35 160,000 47,472.50 42,392.50 254,945.00 1997 6.40 170,000 42,392.50 36,952.50 254,785.00 1998 6.40 185,000 36,952.50 31,032.50 258,905.00 1999 6.20 195,000 31,032.50 24,987.50 257,065.00 2000 6.00 215,000 24,987.50 18,537.50 264,975.00 2001 5.50 230,000 18,537.50 12,212.50 267,075.00 2002 5.00 250,000 12,212.50 5,962.50 274,425.00 2003 4.50 265,000 5,962.50 276,925.00 Section 3. That the second full paragraph on the reverse side of the bond form in Section 5 of Ordinance No. 15,150 be amended to read as follows: "The City has covenanted that, except as otherwise provided in the Authorizing Ordinance, surplus tax collections, being collections of the Special Tax in excess of the amount necessary to insure the prompt payment of the principal of, interest on and Trustee's fees in connection with the Bonds as the same become due and to make required deposits into the Debt Service Reserve Account (defined in the Authorizing Ordinance), must be used as set forth in Section 6 of the Authorizing Ordinance." Section 4. That Section 6 of Ordinance No. 15,150 be amended to read as follows: "That in order to pay the Bonds as they mature, with interest thereon, there is hereby levied upon all taxable property within the City a continuing annual special tax of .50 of one mill on each dollar of assessed valuation of personal property and .30 of one mill on each dollar of assessed valuation of real property located within the City. The tax hereby levied shall be referred to as the "Special Tax." The Special Tax shall be collected in 1986 and annually thereafter (with the exception of the year 1987, for which collection will be suspended) as long as may be necessary to pay the principal of, interest on and Trustee's fees in connection with the Bonds. The City Clerk is directed to transmit a copy of this Ordinance ■� �r �r r ar r r r r r r i�� rr gloom to the County Clerk of Pulaski County, Arkansas, to the end that the Special Tax may be extended on the tax books of the County and collected annually along with the other taxes until the Bonds and interest thereon are paid in full or until adequate provision is made for their payment. The City covenants and agrees that all of the revenues from the Special Tax shall be placed in a separate fund which is hereby created and designated "General Obligation Port Bond Retirement Fund" (the "Bond Fund "), in the City's depository bank, and used solely for the payment of the principal of, interest on and Trustee's fees in connection with the Bonds. The amount of the deposit in excess of that insured by the Federal Deposit Insurance Corporation must be continuously secured by bonds or other direct or fully guaranteed obligations of the United States of America, except that moneys invested as hereinafter provided need not be so secured. Moneys in the Bond Fund may be invested in direct obligations of, or obligations the principal of and interest on which are guaranteed by, the United States of America, which mature or are subject to redemption at the option of the holder at or prior to the date the moneys will be needed to meet debt service requirements on the Bonds. All such investments shall be considered a part of the Bond Fund. Moneys in the Bond Fund shall be used on each interest payment date in the following order of priority as and when necessary: (1) to pay the interest on the Bonds then due; and (2) to pay or make provision in the Bond Fund for the payment of the principal of the Bonds; and (3) to pay into the Debt Service Reserve Account (hereinafter identified) the required deposits; and (4) to redeem Bonds prior to maturity to the extent that surplus tax collections, being collections of the Special Tax in excess of the amount necessary to insure the prompt payment of the principal of, interest on and Trustee's fees in connection with the Bonds as the same become due and to make required deposits into the Debt Service Reserve Account, are available therefor in the Bond Fund. As part of the Bond Fund, there shall be established and maintained a Debt Service Reserve Account in an amount equal to the maximum annual principal and interest requirements for the Bonds (the "required level "). Collections of the Special Tax in excess of the amount necessary to insure the prompt payment of the principal of, interest on and Trustee's fees in connection with the Bonds as the same become due shall be 3 r � � r ■■r � r � � � r 384 deposited into the Debt Service Reserve Account in annual amounts not less than, as selected by the City, (a) all amounts in excess of amounts necessary to insure prompt payment of principal of, interest on and Trustee's fees in connection with the Bonds or (b) the amounts as follows (the "required deposits "): Year Amount 1989 $25,000 1990 50,000 1991 50,000 1992 50,000 1993 50,000 1994 53,000 Moneys in the Debt Service Reserve Account over and above the required level shall be immediately transferred from the Debt Service Reserve Account into the Bond Fund. Moneys in the Debt Service Reserve Account shall be used solely for the purpose of providing for payment of principal of, interest on and Trustee's fees in connection with the Bonds, as due, to the extent that other moneys are not available in the Bond Fund. Any withdrawal of money from the Debt Service Reserve Account shall be reimbursed by use of the first available collections of the Special Tax. The City covenants that all moneys held for the credit of the Bond Fund in excess of an amount necessary to insure the prompt payment of the principal of, interest on and Trustee fees in connection with the Bonds as the same become due and the amount required to be deposited in the Debt Service Reserve Account will be used from time to time on each interest payment date as and to the extent available for the redemption of the Bonds prior to maturity. The City hereby agrees to withdraw from the Bond Fund and pay to the Trustee at least five (5) business days before each payment of principal of and interest on the Bonds is due, the amount necessary to pay principal and interest on the Bonds and Trustee's fees. No withdrawal of such funds from the Bond Fund shall be made for any other purpose except as otherwise authorized in this Ordinance." Section S. That the provisions of this Ordinance are hereby declared to be separable and if any provision shall for any reason be held invalid, such holding shall not affect the validity of the remaining provisions of the Ordinance. 0 0 ri ■r r Section 6. That Ordinance No. 15,150, as supplemented and amended hereby, shall continue in full force and effect. Section 7. That it is hereby ascertained and declared that the issuance of the Bonds authorized by Ordinance No. 15,150 must be accomplished. It is, therefore, declared that an emergency exists, and this Ordinance being necessary for the immediate preservation of the public peace, health and safety shall take effect and be in force from and after its passage. PASSED: October 21 . 1986. ATTEST: City Clerk gane Czech (SEAL) APPROVED: 5 385