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13267ORDINANCE NO. 13F267 AN ORDINANCE CONFIRMING RESOLUTION NO. 5,694 AWARDING THE SALE OF $10,000,000 WATER REVENUE BONDS, SERIES D; AUTHORIZING THE DELIVERY OF THE WATER REVENUE BONDS, SERIES D, APPROVED BY ORDINANCE NO. 13,248; APPROVING A SCHEDULE OF MATURITIES IN CONNECTION THEREWITH; AND PRE- SCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY. WHEREAS, by Ordinance No. 13,248 of the Ordinances of the City of Litle Rock, Arkansas (the "City "), passed and approved on the 16th day of March, 1977 (the "Authorizing Ordinance "), there were authorized Water Revenue Bonds, Series D, in the total principal amount of $10,000,000 (the "bonds "), with the bonds to be dated May 1, 1977, and interest payable semiannually on February 1 and August 1 of each year, commencing February 1, 1978, and with the bonds to mature on February 1 in each of the years 1979 to 1996, inclusive, and otherwise as described in detail in the Authorizing Ordinance; WHEREAS, by Resolution No. 5,694 passed and approved on the 13th day of April, 1977 the sale of the bonds were awarded to the bid of Bache Halsey Stuart, Inc. and Associates as set forth therein; and WHEREAS, the Authorizing Ordinance requires that the City confirm by ordinance the sale of the bonds approved by Resolution No. 5,694, and that in connection therewith that the City approve a schedule of maturities consistent with the award of the bid of the purchaser; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of Little Rock, Arkansas: Section 1. That the sale of the bonds approved by Resolution No. 5,694 accepting the bid of Bache Halsey Stuart, Inc. and Associates of par and accrued interest for bonds maturing as set forth in Section 2 herein, resulting in a net interest cost of $5,686,260.50 and an average annual interest rate of 4.867334% be, and the same is hereby confirmed in all respects. Section 2. There are hereby authorized and ordered issued and delivered to Bache Halsey Stuart, Inc. and Associates, the purchaser, bonds in the aggregate principal amount of $10,000,000 designated "City of Little Rock, Arkansas Water Revenue Bonds, Series D ", dated May 1, 1977, in the denomination of $5,000 each, which bonds shall bear interest as follows: Bonds Nos. 1 to 290, inclusive, maturing in the years 1979 to 1982, inclusive, bear interest at the rate of 6.00% per annum; Bonds Nos. 291 to 375, inclusive, and Bonds Nos. 991 to 1375, inclusive, maturing in the years 1983 and in 1990 to 1992, inclusive, bear interest at the rate of 4.75% per annum; Bonds Nos. 376 to 875, inclusive, maturing in the years 1984 to 1988, inclusive, bear interest at the rate of 4.50% per annum; Bonds Nos. 876 to 990, inclusive, maturing in the year 1989, bear interest at the rate of 4.70% per annum; and Bonds Nos. 1376 to 2000, inclusive, maturing in the years 1993 to 1996, inclusive, bear interest at the rate of 5.00% per annum. The Trustee, Morgan Guaranty Trust Company of New York, New York, is hereby requested to authenticate the bonds and upon payment to deliver them to Bach Halsey Stuart, Inc. and Associates, the purchaser, and to transmit the proceeds from the sale of the bonds, all as contained within a Letter of Instruction of the City to that effect, to be executed by the Mayor and the City Clerk, and delivered to the Trustee at the closing. Section 3. The principal of and interest on the bonds shall be payable at the principal office of the Paying Agent, Morgan Guaranty Trust Company of New York, New York, or at the principal office of the Alternate Paying Agent, Union National Bank, Little Rock, Arkansas. Interest on the bonds shall be payable semiannually on February 1 and August 1 of each year, commencing February 1, 1978, and the bonds shall mature on February 1 in each of the years 1979 to 1996, inclusive, as described in the following schedule of maturities, but shall be callable for payment prior to maturity as set forth in the Authorizing Ordinance. Interest Year Principal Rate February 1 August 1 Total 1978 $370,800.00 $247,200.00 $618,000.00 1979 $325,000 6.00% 247,200.00 237,450.00 804,650.00 1980 350,000 6.00% 237,450.00 226,950.00 814,400.00 1981 375,000 6.00% 226,950.00 215,700.00 817,650.00 1982 400,000 6.00% 215,700.00 203,700.00 819,400.00 1983 425,000 4.75% 203,700.00 193,606.25 822,306.25 1984 450,000 4.50% 193,606.25 183,481.25 827,087.50 1985 475,000 4.50% 183,481.25 172,793.75 831,275.00 1986 500,000 4.50% 172,793.75 161,543.75 834,337.50 1987 525,000 4.50% 161,543.75 149,731.25 836,275.00 1988 550,000 4.50% 149,731.25 137,356.25 837,087.50 1989 575,000 4.70% 137,356.25 123,843.75 836,200.00 1990 600,000 4.75% 123,843.75 109,593.75 833,437.50 1991 650,000 4.75% 109,593.75 94,156.25 853,750.00 1992 675,000 4.75% 94,156.25 78,125.00 847,281.25 1993 725,000 5.00% 78,125.00 60,000.00 863,125.00 1994 750,000 5.00% 60,000.00 41,250.00 851,250.00 1995 800,000 5.00% 41,250.00 21,250.00 862,500.00 1996 850,000 5.00% 21,250.00 -0- 871,250.00 Section 4. In connection with the issuance and delivery of the bonds to the purchaser, an Official Statement (in substantially the form and content as the Preliminary Official Statement with necessary changes and additions to reflect the details of the bond sale) relating to the Series D Bonds is hereby adopted, and the City Manager be, and he is hereby authorized and directed to execute the same on behalf of the City; and the Mayor, City Clerk and City Manager be, and they are hereby authorized and directed for and on behalf of the City to do all things, take all action and execute documents necessary to carry out the authority set forth in the Authorizing Ordinance and this Ordinance and to evidence the exercise thereof, and as may be necessary to effect delivery of the bonds. Section 5. That this Ordinance is adopted pursuant to the authority confirmed by the Authorizing Ordinance, and Authorizing Ordinance, together with and as supplemented by this Ordinance, shall continue in full force and effect. Section 6. That the provisions of this Ordinance are hereby declared to be separable and if a section, phrase or provision shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions. Section 7. That all ordinances, resolutions and part thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 8. That there is hereby found and declared that the construction of the improvements is necessary in order that the services and facilities of the Water Works System of the City be adequate for the immediate needs of the City and its inhabitants and that said improvements can be constructed only by the issuance and delivery of the Series D Bonds. It is, therefore, declared that an emergency exists and this ordinance being necessary for the immediate preservation of the public health, safety and welfare shall be enforced and take effect immediately upon and after its passage. PASSED April 19 1977. ATTEST: C y Clerk (SEAL)