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205281 2 3 4 5 6 7 8 9 10 11 12 13 14 15 f[1 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 20,528 AN ORDINANCE TO CALL A SPECIAL ELECTION IN THE CITY OF LITTLE ROCK, ARKANSAS, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS OF THE CITY THE QUESTION OF REDUCING AND EXTENDING THE LEVY OF A PORTION OF THE EXISTING ANNUAL AD VALOREM PROPERTY TAX PLEDGED TO THE REPAYMENT OF OUTSTANDING LIBRARY CAPITAL IMPROVEMENT BONDS FROM THE AGGREGATE RATE OF TWO (2.0) MILS TO THE NEW RATE OF ONE AND NINE TENTHS OF ONE (1.9) MIL ON THE DOLLAR OF ASSESSED VALUATION OF TAXABLE PROPERTY IN THE CITY; TO PLEDGE NINE TENTHS OF ONE (0.9) MIL OF SAID AD VALOREM TAX TO SECURE THE REPAYMENT OF AN ISSUE OR ISSUES OF BONDS OF THE CITY OF LITTLE ROCK, ARKANSAS, ISSUED UNDER AMENDMENTS NO. 30 AND NO. 72 TO THE CONSTITUTION OF THE STATE OF ARKANSAS AND ACT 920 OF 1993, NOT TO EXCEED $32,000,000 IN THE AGGREGATE PRINCIPAL AMOUNT, TO REFUND AN OUTSTANDING ISSUE OF LIBRARY CONSTRUCTION AND IMPROVEMENT BONDS AND TO FINANCE THE COST OF ACQUIRING, CONSTRUCTING, AND EQUIPPING LAND AND ADDITIONAL CAPITAL IMPROVEMENTS FOR THE CITY'S PUBLIC LIBRARIES OPERATED BY CENTRAL ARKANSAS LIBRARY SYSTEM; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES. WHEREAS, the City of Little Rock, Arkansas (the "City") is a city of the first class duly organized and existing under the laws of the State of Arkansas; and WHEREAS, the City Board of Directors (the "Board ") upon recommendation of the Board of Directors of Central Arkansas Library System ( "CALS ") has determined that it would be in the best interests of the City, CALS and the patrons of the City's public libraries, to refund the outstanding balance of the City's Library Construction and Improvement Bonds, Series 2004A (the "Bonds to be Refunded ") in the approximate outstanding principal amount of $9,220,000 presently secured by the [PAGE I OF 5] L 1 pledge of a one (1.0) mil ad valorem tax on the assessed valuation of all taxable property in the City, and 2 to acquire, construct, and equip land and additional capital improvements for City libraries and related 3 facilities (the "Improvements ") at an estimated aggregate cost of not to exceed Thirty-Two Million 4 Dollars ($32,000,000); and 5 WHEREAS, it has been determined that the cost of refunding the Bonds to be Refunded (the 6 "Refunding ") and financing the cost of the Improvements, including incidental expenses and expenditures 7 in connection with accomplishing the Refunding and the Improvements and paying expenses in 8 connection with authorizing and issuing the bonds (hereinafter defined) can be financed by the issuance 9 of library refunding, construction and improvement bonds in one or more series in the principal amount of 10 not to exceed Thirty-Two Million Dollars ($32,000,000) (the "Bonds "): and 11 WHEREAS, the Bonds can be issued under the authority of Amendments No. 30 and No. 72 to the 12 Constitution of the State of Arkansas (the "Amendments ") and Act No. 920 of the Acts of Arkansas of 13 1993, approved April 7, 1993 (Act No. 920); and 14 WHEREAS, the City can pay the principal of and interest on the Bonds from the proceeds of an ad 15 valorem tax of one (1.0) mil which is pledged to the repayment of the Bonds to be Refunded (the "2004 16 Tax ") by reducing the 2004 Tax to a new rate of not to exceed nine tenths of one (0.9) mil on the dollar of 17 the assessed value of taxable real and personal property tax in the City, to be levied under the authority of 18 the Amendments and Act No. 920 and extending the collection of the new rate as a continuing debt 19 service tax pledged to the repayment of the Bonds; and 20 WHEREAS, the City's Library Construction and Improvement Bonds, Series 2008 and Series 2009 21 are secured by the pledge of a separate one (1.0) mil ad valorem tax which is a continuing debt service tax 22 and will not be reduced or otherwise impaired by the proposed reduction and extension of the 2004 Tax 23 from one (1.0) mil to nine tenths of one (0.9) mil; and 24 WHEREAS, the purpose of this Ordinance is to submit to the electors of the City the question of 25 issuing bonds under the Amendments and Act No. 920 at a special election to be held on March 13, 2012, 26 and to reduce and extend the levy of the 2004 Tax of one (1.0) mil, currently pledged to the Bonds to be 27 Refunded, to a new tax rate of nine tenths of one (0.9) mil on the dollar of the assessed value of the 28 taxable real and personal property within the City (the "Tax ") and to approve the levy of the tax at the 29 new rate as a continuing debt service tax pledged to the repayment of the Bonds to be issued by the City. 30 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 31 OF LITTLE ROCK, ARKANSAS: 32 Section 1. That there be, and there is hereby called, a special election to be held on Tuesday, March 33 13, 2012, at which special election there shall be submitted to the electors of the City the question of [PAGE 2 OF 5] 1 2 K] 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 KT11 30 31 32 33 34 issuing bonds under the Amendments and Act No. 920, for the purposes specified in Section 2 hereof. The maximum rate of the tax to retire the bonds shall be stated on the ballot. Section 2. The ballot shall be in substantially the following form: PROPOSED REFUNDING OF OUTSTANDING LIBRARY CONSTRUCTION AND IMPROVEMENT BONDS, ISSUANCE OF NEW LIBRARY CONSTRUCTION AND IMPROVEMENT BONDS AND LEVY OF AD VALOREM TAX Vote on the measure by placing an "x" in the square opposite the question either "FOR" or "AGAINST ": FOR the reduction of the existing one (1.0) mil ad valorem tax on the assessed value of all taxable real and personal property within the City of Little Rock, Arkansas, which is pledged to secure the repayment of the City's outstanding Library Construction and Improvement Bonds, Series 2004A, to the new ad valorem tax rate of nine tenths of one (0.9) mil on the assessed value of all taxable real and personal property within the City of Little Rock, Arkansas, with the new nine tenths of one (0.9) mil tax to be extended and pledged as a continuing debt service tax to the repayment of an issue or issues of bonds not to exceed Thirty-Two Million Dollars ($32,000,000) in aggregate principal amount, to refund the City's outstanding Construction and Improvement Bonds, Series 2004A, and to finance the acquiring, constructing and equipping of land and additional capital improvements for public city libraries owned and operated by the City of Little Rock and Central Arkansas Library System, and to authorize the issuance of the bonds on such terms and conditions as shall be approved by the City. AGAINST the reduction of the existing one (1.0) mil ad valorem tax on the assessed value of all taxable real and personal property within the City of Little Rock, Arkansas, which is pledged to secure the repayment of the City's outstanding Library Construction and Improvement Bonds, Series 2004A, to the new ad valorem tax rate of nine tenths of one (0.9) mil on the assessed value of all taxable real and personal property within the City of Little Rock, Arkansas, with the new nine tenths of one (0.9) mil tax to be extended and pledged as a continuing debt service tax to the repayment of an issue or issues of bonds not to exceed Thirty-Two Million Dollars ($32,000,000) in aggregate principal amount, to refund the City's outstanding Construction and Improvement Bonds, Series 2004A, and to finance the acquiring, constructing and equipping of land and [PAGE 3 OF 5] 1 additional capital improvements for public city libraries owned and operated by the City 2 of Little Rock and Central Arkansas Library System, and to authorize the issuance of the 3 bonds on such terms and conditions as shall be approved by the City. 4 5 If the measure is approved, there may be levied an ad valorem property tax on the assessed value of 6 all taxable real and personal property within the City of Little Rock at the rate of nine tenths of one (.9) 7 mil on the dollar of assessed value of the taxable real and personal property in the City. The collection of 8 one (1.0) mil of the existing two (2.0) mil tax has been previously pledged to secure the repayment of the 9 City's outstanding Library Construction and Improvement Bonds, Series 2008 and Series 2009 and such 10 tax will continue be levied and collected until the bonds to which the one (1.0) mill tax is pledged have 11 been paid in full. The remaining nine tenths of one (0.9) mil of the tax will be extended and pledged to 12 the repayment of the principal of and interest on one (1) or more issues of library refunding, construction 13 and improvement bonds in the aggregate principal amount of not to exceed Thirty-Two Million Dollars 14 ($32,000,000) for the purposes of refunding the City's outstanding Library Construction and 15 Improvement Bonds, Series 2004A, and to finance the costs of acquiring, constructing and equipping of 16 land and additional capital improvements and paying costs incidental to the issuance of such bonds for the 17 City public libraries owned and operated by the City of Little Rock and Central Arkansas Library System. 18 In addition, the City currently levies a three and three tenths of one (3.30) mil ad valorem tax which is 19 used exclusively for the operation and maintenance of the City's public libraries. 20 Section 3. That a copy of this ordinance shall be given to the Pulaski County Board of Election 21 Commissions so that the necessary election officials and supplies may be provided. 22 Section 4. That the City Clerk is authorized and directed to give notice of the election as required by 23 law. 24 Section 5. That the special election shall be held and conducted and the vote canvassed and the 25 results declared under the law and in the manner now provided for special elections unless otherwise 26 provided in the Amendments and Act No. 920 and only qualified electors of the City shall have the right 27 to vote on the question. 28 Section 6. That the results of the election shall be certified by the Election Commissioners and 29 proclaimed by the Mayor, and his Proclamation shall be published one time in a newspaper having 30 general circulation in the City, which Proclamation shall advise that the results as proclaimed shall be 31 conclusive unless suit challenging the results is filed in the Circuit Court of Pulaski County within thirty 32 (30) days after the date of publication. 33 Section 7. That the Mayor and City Clerk, for and on behalf of the City, be and are hereby authorized 34 and directed to do any and all things necessary to call and hold the special election as herein provided [PAGE 4 OF 5] 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 and, if the issuance of the Bonds is approved by the electors, to cause the Tax to be collected in accordance with the Constitutional Amendments and Act 920 of 1993 and to perform all acts of whatever nature necessary to carry out the authority conferred by this ordinance. Section 8. That all ordinances and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 9. Emergency. It is hereby ascertained and declared that there is an immediate need for the City to take advantage of a favorable opportunity to refund its outstanding Library Construction and Improvement Bonds, Series 2004A, that such refunding and the funding of the acquisition, construction and equipping of land and additional capital improvements can be accomplished with the reduction of the current aggregate capital improvement ad valorem tax from two (2.0) mils to a new ad valorem tax of one and nine tenths of one (1.9) mil, and that time is of the essence to place the question before the voters at the special election called March 13, 2012. It is, therefore declared that an emergency exists and this ordinance being necessary for the immediate preservation of public peace, health and safety shall be in full force and take effect immediately from and after its passage. PASSED: January 3, 2012 ATTEST: y, City Clerk AS TO LEGAL FORM: Thomas M. Carpenter, Ci q Attorney H H H H H H H H H H H H [PAGE 5 OF 5]