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16070ORDINANCE NO. 16,070 AN ORDINANCE APPROVING THE ISSUANCE BY THE CITY OF LITTLE ROCK, ARKANSAS RESIDENTIAL HOUSING AND PUBLIC FACILITIES BOARD OF NOT TO EXCEED $6,500,000 PRINCIPAL AMOUNT OF ITS MULTIFAMILY HOUSING REFUNDING REVENUE BONDS (PLEASANT WOODS PROJECT), SERIES 1991 WHEREAS, the City of Little Rock, Arkansas Residential Housing and Public Facilities Board (formerly the City of Little Rock, Arkansas Residential Housing Facilities Board) (the "Board ") has adopted a resolution indicating its intent to issue Multifamily Housing Refunding Revenue Bonds (Pleasant Woods Project), Series 1991 (the "Series 1991 Bonds "), for the purpose of refunding its outstanding Multifamily Housing Revenue Bonds (Pleasant Woods Project), Series 1985 (the "Series 1985 Bonds "); and WHEREAS, the Board loaned the proceeds of the Series 1985 Bonds to Pleasant Woods Associates Limited Partnership (the "Borrower ") for the purpose of acquiring lands and constructing and equipping a 220 -unit apartment project located at 11800 Pleasant Ridge Road, in the City of Little Rock, Arkansas; and WHEREAS, the City has been informed that the Borrower is the debtor -in- possession of the facilities constructed with the proceeds of the Series 1985 Bonds pursuant to a Chapter 11 action in bankruptcy pending in the United States Bankruptcy Court for the Eastern District of Arkansas, Western Division, and that the Series 1985 Bonds are in default; and WHEREAS, the City has been informed that the Bankruptcy Court may approve a Plan of Reorganization filed by the Borrower pursuant to which it is contemplated that the Board will issue the Series 1991 Bonds, in a principal amount equal to the outstanding principal amount and accreted amount of the Series 1985 Bonds, and that the Series 1991 Bonds will be delivered to and accepted by the holders of the outstanding Series 1985 Bonds in exchange for the outstanding Series 1985 Bonds; and FMF \ARRESHSG /PL. Woods /ORDINANCE RIFJuIy 3, 1991 — 1 M� 266 o-51 C4 WHEREAS, a public hearing has been held before the Board of Directors of the City of Little Rock, Arkansas on this date regarding the issuance of the Series 1991 Bonds following publication of notice of the public hearing in the Arkansas Democrat on June 26, 1991; and WHEREAS, pursuant to the provisions of the Revenue Bond Act of 1987, Arkansas Code Annotated Sections 19 -9 -601 to -607, inclusive (Supp. 1989) (the "Arkansas Code "), and Section 147(f) of the Internal Revenue Code of 1986, as amended (the "1986 Code "), it is necessary that the issuance of the Series 1991 Bonds be approved by the Board of Directors of the City of Little Rock, Arkansas; and WHEREAS, the Board of Directors of the City of Little Rock, Arkansas, has determined that the public purposes for which the Series 1991 Bonds are to be issued serve a proper need; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: Section 1. That the issuance by the Board of not to exceed $6,500,000 principal amount of its Multifamily Housing Refunding Revenue Bonds (Pleasant Woods Project), Series 1991, be and the same is hereby approved within the meaning of the Arkansas Code and the 1986 Code. The Board may proceed in the manner deemed proper by it to accomplish the refinancing of the Series 1985 Bonds on such terms and conditions as the Board shall determine consistent with any Plan of Reorganization as shall be approved by the United States Bankruptcy Court. Section 2. That this Ordinance is adopted solely for the purpose of complying with the provisions of the Arkansas Code and the 1986 Code, and by the adoption of this Ordinance the City of Little Rock, Arkansas has not assumed any direct or indirect financial responsibility for the payment of the Series 1991 Bonds. Section 3. The provisions of this Ordinance are hereby declared to be separable, and if any provisions shall for any FMF \ARREGHSG/PL. Woods /ORDINANCE — 2 — RLFJULy 3, 1991 267 D-51 ( 10 � X68 reason be held illegal or invalid, such holding shall not affect the validity of the remainder of this Ordinance. Section 4. It is hereby ascertained and declared that the refinancing of the Series 1985 Bonds identified above must be accomplished as soon as possible in order to alleviate immediate hazards to the health, safety, and welfare of the City of Little Rock, Arkansas, its inhabitants, and their property, and that this can be accomplished only by the issuance of the Series 1991 Bonds. 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 AND APPROVED THIS 16TH DAY OF JULY, 1991. ATTEST: Robbie Hancock, City Clerk (S E A L) APPROVED AS TO FORM: Thomas M. Carpenter, ity Attorney FMF \ARRESHSG/PL, Woods /ORDINANCE RFJUIy 3, 1991 251M APPROVED: Slfaron Priest, Mayor N'1