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16901'Wm ORDINANCE NO. 16,901 r 1 2 AN ORDINANCE APPROVING THE ISSUANCE BY THE CITY OF LITTLE 3 ROCK, ARKANSAS RESIDENTIAL HOUSING AND PUBLIC FACILITIES 4 BOARD OF NOT TO EXCEED $7,500,000 PRINCIPAL AMOUNT OF ITS 5 MULTIFAMILY HOUSING REFUNDING REVENUE BONDS (PLEASANT 6 WOODS PROJECT), SERIES 1995; DECLARING AN EMERGENCY; AND 7 FOR OTHER PURPOSES. 8 9 10 WHEREAS, the City of Little Rock, Arkansas Residential Housing and Public Facilities 11 Board (formerly the City of Little Rock, Arkansas Residential Housing Facilities Board) the 12 "Facilities Board ") has adopted a resolution indicating its intent to issue Multifamily Housing 13 Refunding Revenue Bonds (Pleasant Woods Project), Series 1995 (the "Series 1995 Bonds "), for 14 the purpose of refunding its outstanding Multifamily Housing Revenue Bonds (Pleasant Woods 15 Project), Series 1985 (the "Series 1985 Bonds "); and 16 WHEREAS, the Facilities Board utilized the proceeds of the Series 1985 Bonds for the 17 purpose of providing permanent financing for acquiring land and constructing and equipping a 18 220 -unit apartment project located at 11500 Pleasant Ridge Road, in the city of Little Rock, 19 20 Arkansas (the 'Project "), which is owned by Pleasant Woods/DEC Limited Partnership (the 21 "Owner ") and managed by DEC Limited Partnership on behalf of the Owner; and 22 WHEREAS, the Series 1985 Bonds are in default, and the Owner acquired the Series 23 1985 Bonds and the Project on the condition that the Owner have the ability to request the 24 Facilities Board to issue and sell revenue bonds (the 'Refunding Bonds ") for the purpose of 25 refunding the Series 1985 Bonds and thereby cure the default; and 26 27 WHEREAS, the Owner has requested that the Facilities Board issue and sell the 28 Refunding Bonds for the purpose of refunding the Series 1985 Bonds; and 29 WHEREAS, a public hearing has been held before the Board of Directors of the City of 30 Little Rock, Arkansas on this date regarding the issuance of the Series 1995 Bonds, following 31 32 publication of notice of the public hearing in the Arkansas Dernocrat- Gazelle on June 2, 1995; 33 and 34 WHEREAS, pursuant to Section 5 of the Revenue Bond Act of 1987, Ark. Code Ann. 35 § 19 -9 -607 (1994) (the "Act "), and Section 147(f) of the Internal Revenue Code of 1986, as 36 amended (the "Code "), it is necessary that the issuance of the Series 1995 Bonds be approved by the Board of Directors; and 198 6 M M M M M M M 1 WHEREAS, the Board of Directors has determined that the public purposes for which 2 the Series 1995 Bonds are to be issued serve a proper need; and 3 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE 4 5 CITY OF LITTLE ROCK, ARKANSAS: 6 SECTION 1. That the issuance by the Facilities Board of not to exceed $7,500,000 of 7 its Multifamily Housing Refunding Revenue Bonds (Pleasant Woods Project), Series 1995, be 8 and the same is hereby approved within the meaning of the Act and the Code. The Facilities 9 Board may proceed in the manner deemed proper by it to accomplish the refinancing of the 10 Series 1985 Bonds on such terms and conditions as the Facilities Board shall determine. 11 12 SECTION 2. That this Ordinance is adopted solely for the purpose of complying with 13 the provisions of the Act and the Code, and by the adoption of this Ordinance, the City of Little 14 Rock, Arkansas has not assumed any direct or indirect financial responsibility for the payment 15 of the Series 1995 Bonds. 16 17 SECTION 3. The provisions of this Ordinance are hereby declared to be separable, and 18 if any provisions shall for any reason be held illegal or invalid, such holding shall not affect the 19 validity of the remainder of this Ordinance. 20 SECTION 4. It is hereby ascertained and declared that the refinancing of the Series 1985 21 Bonds identified above must be accomplished as soon as possible in order to cure the default 22 on the Series 1985 Bonds, and that this can be accomplished only by the issuance of the Series 23 1995 Bonds. It is, therefore, declared that an emergency exists and this Ordinance being 24 necessary for the immediate preservation of the public peace, health, and safety shall take effect 25 26 and be in force from and after its passage. 27 PASSED: June 20, 1995 28 ATTEST: APPROVED: \ 29 30 31 32 ROBBI CITY CLERK MAYOR 33 34 35 APPROVED AS TO FORM: 36 CITY ATTORNEY 199