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15112I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 M M M 0 ORDINANCE NO. 15,112 AN ORDINANCE CALLING A SPECIAL ELECTION ON THE QUESTION OF ISSUING BONDS FOR THE PURPOSE OF REFUNDING, AT LOWER RATES OF INTEREST, THE CITY'S OUTSTANDING HOTEL AND RESTAURANT GROSS RECEIPTS TAX BONDS (LITTLE ROCK CONVENTION CENTER PROJECT), SERIES 1980; AND PRESCRIBING OTHER MATTERS PERTAINING THERETO. WHEREAS, the City of Little Rock, Arkansas has outstanding its Hotel and Restaurant Gross Receipts Tax Bonds (Little Rock Convention Center Project), Series 1980 (the "Outstanding Bonds "), which bear interest at various rates of interest, from 7.258 per annum to 9.75% per annum, inclusive; and WHEREAS, it is plainly in the interest of the City that the Outstanding Bonds be refunded by the sale and issuance of bonds, secured by a pledge of the revenues which are pledged to secure the Outstanding Bonds, having a lower interest costs; and WHEREAS, the purpose of this Ordinance is to submit to the electors of the City the question of the issuance of the City's Hotel and Restaurant Gross Receipts Tax Refunding Bonds (Little Rock Convention Center Project), Series 1986 (the "Refunding Bonds ") ; WHEREAS, in connection with the issuance of the Series 1980 Bonds, Friday, Eldredge & Clark served as bond counsel for the City; T.J. Raney & Sons, Inc, and E.F. Hutton & Company, Inc. acted as underwriters; and Powell and Satterfield acted as financial advisors; and WHEREAS, it is further necessary to develop and investigate the specific plans for refunding the Series 1980 21.1 D -i7 6 -,,/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Bonds due to current low interest rates for bonds having a 212 character similar to the Series 1980 Bonds and such being of an extraordinary nature it also is found and determined to be necessary to waive competitive bidding. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: Section 1. That there be, and there is hereby called a special election to be held on July 15, 1986, at which election there shall be submitted to.the electors of the City, the question of issuing the Refunding Bonds in the aggregate principal amount of not to exceed $ 31,000,000 for the purpose of refunding, at lower rates of interest, the Outstanding Bonds. Section 2. That the question of issuing the Refunding Bonds shall be placed on the ballot for the election in substantially the following form: Vote on measure by placing an "X" in the square opposite the measure either for or against: FOR an issue of refunding bonds in the principal amount of not to exceed $ 31,000,000 for the purpose of refunding, at lower rates of interest, the City's outstanding Hotel and Restaurant Gross Receipts Tax Bonds (Little Rock Convention Center Project), Series 1980, in order that interest savings to the City may be achieved. The refunding bonds will not be general obligations of the City but will be special obligations payable solely from the revenues presently pledged to payment of the bonds to be refunded, specifically, (1) revenues derived from the City's existing tax on 2% upon the gross receipts or gross proceeds from hotel, motel, restaurant and other on- premises food consumption establishments within the boundaries M 213 1 of the City, which tax shall continue to be 2 collected so long as the refunding bonds are 3 outstanding, (2) revenues derived from the 4 convention center facilities of the City, 5 (3) revenues derived from the parking facilities 6 of the City located adjacent to Robinson 7 Auditorium, and (4) "state turnback revenues," 8 if any, received by the City under Act No. 763 9 of 1977, as amended. _ 10 11 12 AGAINST an issue of refunding bonds in the principal 13 amount of not to exceed $31 000,000 for the 14 purpose of refunding, at lower rates of interest, 15 the City's outstanding Hotel and Restaurant Gross 16 Receipts Tax Bonds (Little Rock Convention Center 17 Project), Series 1980, in order that interest 18 savings to the City may be achieved. The refunding 19 bonds will not be general obligations of the City . 20 but will be special obligations payable solely from 21 the revenues presently pledged to payment of the 22 bonds to be refunded, specifically, (1) revenues 23 derived from the City's existing tax on 2% upon 24 the gross receipts or gross proceeds from hotel, 25 motel, restaurant and other on- premises food 26 consumption establishments within the boundaries 27 of the City, which tax shall continue to be 28 collected so long as the refunding bonds are 29 outstanding, (2) revenues derived from the 30 convention center facilities of the City, 31 (3) revenues derived from the parking facilities 32 of the City located adjacent to Robinson 33 Auditorium, and (4) "state turnback revenues," 34 if any, received by the City under Act No. 763 35 36 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 0 of 1977, as amended. Section 3. That the City Clerk is authorized and directed to publish notice of the election called by this Ordinance at least ten (10) days prior to the date fixed for the election. Section 4. That the election shall be held and conducted and the vote canvassed and the results declared pursuant to law. Only qualified voters of the City shall have the right to vote at the election. Section 5. That the results of the election shall be proclaimed by the Mayor, and his Proclamation shall be published one time in a newspaper published in the City and having a bona fide circulation therein, which Proclamation shall advise that the results as proclaimed shall be conclusive unless suit is filed in the Circuit Court of Pulaski County within thirty days after the date of publication. Section 6. That a copy of this Ordinance shall be given to the Pulaski County Board of Election Commissioners so that the necessary election officials and supplies may be provided. Section 7. Friday, Eldredge & Clark are hereby appointed as bond counsel, T.J. Raney & Sons, Inc. and E.F. Hutton & Company, Inc. are hereby appointed as underwriters, and Powell and Satterfield as financial advisors. The City Manager is hereby authorized to enter into all necessary and appropriate contracts. Bond counsel, underwriters, and financial advisors are hereby authorized to proceed to develop proposals for refunding the Series 1980 Bonds. Section 8 That the Mayor and City Clerk, for and on behalf of the City, be, and they are hereby, authorized and directed to do any and all things necessary to call and hold the special election as herein provided and to perform all acts of whatever nature necessary to carry out the authority conferred by this Ordinance. 214 1 2 3 4 5 6 7 8 9 10 11, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Section 9. That all ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. PASSED: June 3, 1986 ATTEST: APPROVED: 7 CIVf CLERK JA RE CZECH MAYOR THOMAS A. PRINCE APPR S FORM: 75d 215