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13008f ' F wpFil.i1�%f ORDINANCE NO. 13,008 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF MUNICIPAL AIRPORT REVENUE REFUNDING BONDS BY THE CITY OF LITTLE ROCK, ARKANSAS FOR THE PURPOSE OF RETIRING CERTAIN OUTSTANDING REVENUE BONDS (DESCRIBED IN THE AUTHORIZING ORDINANCE); PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; PRE- SCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY. WHERIAS,the Little Rock Municipal Airport and its related properties and facilities are being operated, managed and maintained by the Little Rock Municipal Airport Commission (the "Airport Commission "), which was created and organized pursuant to Act No. 53 of the Acts of Arkansas of 1949, and Initiated Ordinance No. 8511 of the City of Little Rock, Arkansas (the "City "), adopted November 7, 1950; and WHEREAS, the City has outstanding an issue of Municipal Airport Revenue Bonds (Interim), dated December 1, 1971 (the 111971 Interim Bonds "), in the original principal amount of $797,000, of which all are outstanding, issued under and secured by the provisions of Ordinance No. 12,577 of the Ordinances of the City, adopted and approved on December 1, 1971 ( "Ordinance No. 12,577); and WHEREAS, the City has outstanding an issue of Municipal Airport Revenue Bonds, Series 1971 (Second-A), dated December 1, 1971 (the 111971 Second -A Bonds ") , in the original principal amount of $156,000 of which $147,000 in principal amount will be outstanding after payment of the bonds maturing March 1, 1975, issued under and secured by the provisions of Ordinance No. 12,578, adopted and approved on December 1, 1971 ( "Ordinance No. 12,578"); and WHEREAS, the 1971 Interim Bonds were issued to mature on March 1, 1975, with the understanding that permanent bonds would be issued prior thereto and the 1971 Interim Bonds retired out of the proceeds thereof; and CCr F- 3 l� y. `1 it Page 2 WHEREAS, the 1971 Second -A Bonds bear interest at the rate of 6% per annum and are subject to redemption prior to maturity during 1975 at a redemption price of par and accrued interest plus a premium of 2% of the principal amount redeemed; and WHEREAS, the Airport Commission has determined that most or all of the holders of the 1971 Second -A Bonds would agree to present their bonds for payment as of March 1, 1975, at a price of par and accrued interest and has requested the Board of Directors of the City (the "Board ") to take the necessary steps to issue and sell at this time Municipal Airport Revenue Refunding Bonds in the principal amount of $900, 000 for the purpose of providing the necessary funds for the retirement of the 1971 Interim Bonds and the necessary funds to be used, together with available Airport revenues, to retire such of the 1971 Second -A Bonds as shall be presented for payment at a price of par and accrued interest, with the sale of the bonds to be on the condition that the net interest cost (determined by computing the interest from date to maturity of the bonds at the rates bid and deducting therefrom the amount of any premium bid) be no more than the net interest cost resulting from a par bid for bonds bearing interest at 6% per annum; and WHEREAS, the Airport Commission has requested that, in the event an acceptable bid for the bonds is not received, the City issue $797, 000 in principal amount of Municipal Airport Revenue Refunding Bonds (the "Interim Refunding Bonds ") bearing interest at 6% per annum for the purpose of retiring the 1971 Interim Bonds and deliver the Interim Refunding Bonds in exchange for the 1971 Interim Bonds; and WHEREAS, the Board hereby finds and declares that it is in the best interest of the City and its inhabitants for the retirement of the 1971 Interim Bonds, and if financially feasible the retirement of some or all of the 1971 Second -A Bonds, to be accomplished and that bonds or Interim Refunding Bonds be issued as requested by the Airport Commission; and Page 3 WHEREAS, the City has outstanding an issue of Municipal Airport Revenue Bonds, dated May 1, 1961 (the "1961 Bonds "), in the original principal amount of $168,000 of which $118,000 are outstanding, issued under and secured by the provisions of Ordinance No.- 11,190 of the Ordinances of the City, adopted and approved on the 19th day of June, 1961 ( "Ordinance No. 11 ,19011); and WHEREAS, the City has outstanding an issue of Municipal Airport Revenue Bonds, Series 1966, dated May 1, 1966 (the "1966 Bonds "), in the original principal amount of $1,337,000 of which $1,195,000 are outstanding, issued under and secured `by the provisions of Ordinance No. 11 , 745 of the Ordinances of the City, adopted and approved on the 16th day of May, 1966, and Ordinance I`To. 11,755, adopted and approved on the 20th day of Juno, 1966 (collectively "Ordinance No. 11 , 745 "); and WHEREAS, the City has outstanding an issue of Municipal Airport Revenue Bonds, Series 1971, dated March 1, 1971 (the "1971 Bonds "), in the original principal amount of $2,700,000 of which $2,543,000 in principal amount are outstanding, issued under and secured by the provisions of Ordinance No. 12,456 of the Ordinances of the City, adopted and approved on the 15th day of March, 1971 ( "Ordinance No. 12,456 "); and WHEREAS, the Board has determined that the conditions set forth in Section 14 of Ordinance No. 11, 190, Section 8 of Ordinance No. 11,745 and Section 8 of Ordinance No. 12,456 for the issuance of bonds ranking on a parity with the outstanding bonds can be complied with and that, therefore, the bonds authorized by this Ordinance will be issued on a parity of security with the 1961 Bonds, the 1966 Bonds and the 1971 Bonds; NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the City of Little Rock, Arkansas: -4- Section 1. (a) That under the authority of the Constitution and laws of the St<,.te of Arkansas, including particularly Act No. 53 of the Acts of Arkansas of 1949, as amended, and Act No. 175 of the Acts of Arkansas of 1959, as amended, City of Little Rock, Arkansas Municipal Airport Revenue Refunding Bonds, are, subject to the conditions hereinafter expressed, hereby authorized and ordered issued in the total principal amount of $900,000 (which bonds will be herein referred to as the "bonds ") to retire the outstanding 1971 Interim Bonds and all 1971 Second -A Bonds tendered by the holders at a price of par and accrued interest. The bonds shall be sold at public sale on sealed bids. The bonds shall be dated March l., 1975, interest thereon shall be payable semiannually on Marcia l and September 1 of each year, commencing September 1, 1975, shall mature on March 1 of each year as follows, but shall be subject to redemption prior to maturity as hereinafter set forth: PPTnT( TPAT 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 AMOUNT $38,000 41,000 43,000 45,000 48,000 52,000 55,000 59,000 62,000 66,000 69,000 73,000 78,000 83,000 88,000 -5- The bonds shall be negotiable coupon bonds payable to bearer but -- abject to recistration as to principal or as to principal and interest. llay- ment of principal and interest coupons shall be made at the principal office of the Paying Agent. Payment of interest when registered as to interest may be by check or draft mailed to the registered owner at the address shown on the registration book of the City maintained by the Trustee as bond registrar. The bonds shall be sold at public sale after advertisement in such publications as the Airport Commission and the Chief Financial Officer of the City shall determine will insure adequate notice and opportunity for bidding. The bonds shall not be sold for a net interest cost in excess of the nct interest cost that would result from the sale at par of bonds bearing interest at the rate of 6% per annum. The Notice of Sale shall contain such terms and provisions as the Airport Commission and the Chief Financial Officer of the City shall determine ought to be included in order to obtain the most favorable bids. The terms of the sale of the bonds and the designation of the Trustee and Paying Agent must be approved by the Board by resolution. In such resolution the Board shall set forth (in addition to other pertinent matters) the details of the bonds as they are being issued, including numbers, denomi- nation, rates of interest and a schedule reflecting the annual principal maturities, the semiannual interest requirements and the total requirements. (b) In the event the $900,000 in principal amount of bonds authorized by subsection (a) are not sold, then under the authority of the Constitution and laws of the State of Arkansas, including particularly Act No. 53 and Act No. 175, City of Little Rock, Arkansas Municipal Airport Revenue Refunding Bonds are hereby authorized and ordered issued in the total principal -6- Famount of 1797,000 (the "Interim l:c'funding Bonds ") to rE'dre the outstanding 1971 Interim Bonds. The Interim Refunding Bonds shall be dated March 1, 1975, shall bear interest at the rate of 6% per annum payable semiannually on March 1 and September 1 of each year, commencing September 1, 1975, and shall mature on March 1 in each of the years 1976 to 1990, inclusive, and shall be subject to redemption prior to maturity as Hereinafter set forth. The Airport Commission and the Chief Financial Officer of the City shall schedule the principal maturities so that the annual principal and interest payments in each year are approximately equal. The Interim Refunding Bonds shall be delivered in exchange for the 1971 Interim Bonds and prior to delivery all details of the bonds, including numbers, denomination, a schedule reflecting the annual principal maturities, tha .3PmianrmA1 intarPCt r,r.iiiram -ntG and th,- total rp.niOremPnts . and the rlp.ia- nation of the Trustee and Paying Agent must be approved by the Board by resolution. Section 2. That the retirement of the 1971 Interim Bonds and, if the bonds are sold in the principal amount of $900,000, such principal amount of the 1971 Second -A Bonds as may be tendered by the holders at a price of par and accrued interest upon delivery of the bonds or Interim Refunding Bonds or as soon thereafter as feasible. If any 1971 Second -A Bonds are to be retired notice thereof shall be given to all holders of such bonds. The authority conferred by this Ordinance shall be carried out under the control and super- vision of, and all details in connection therewith shall be handled by, the Airport Commission. In this regard, in addition to the powers and duties of s. -7- tl;e :'airport Commission: existing un(',er and by virtue of the l of tie t,.te of Arkansas and Initiat,-d Ordinance No. 8511, there is hereby conferred upon the Airport Commission full and cor ,,:;l.ete power to carry out and accomplish the authority specified in this Ordinance pertaining to accomplishing the refunding, the operation of the airport and the collection, handling and disbursement of revenues, including the execution end deliver-.- of all contracts and instruments necessary or incidental thereto or to evidence the exercise of the authority herein conferred. Section 3. That the bonds issued under this Ordinance shall be executed on b0half of the City by the Iv?ayor. and City Clerk and shall have impressed thereon the seal of the C 'l . The facsimile signature of the I\ra� =or may be used upon compliance with the provisions of Act No. 69 of the Acts of Arkansas for the year 1959. Interest coupons attached to the bonds shall be executed by the facsimile signature of the Mayor. The Mayor's facsimile signa- ture shall have the same force and effect as if he had personally signed the bonds and coupons. The bonds shall be executed by the manual signature of the City Clerk. The principal of and interest on the bonds shall be payable solely out of the Municipal Airport Bond Fund (which Bond Fund was created pursuant to the provisions of Section 11 of Ordinance No. 11, 190 and is presently being maintained) and shall be a valid claim of the bondholders only against the Bond Fund and the revenues pledged to the Bond Fund, which revenues (being revenues derived from the operation of the Municipal Airport) are hereby pledged and mortgaged for the equal and ratable payment of the principal of ,and interest on the bonds, and the 1961 bonds, 1966 bonds and 1971 bonds which rank on a parity with the bonds authorized by this Ordinance, and shall be used for no other purpose except as in Ordinances No. 11,190, No. 11,745, No. 11,755 and No. 12,456 and in this ordinance specifically provided. The principal of and interest on the bonds shall not constitute an indebtedness of the City within any constitutional or statutory limitation. Sectic)n 4. That the bo -.,ds and co ,, ons shall be in subst_ r;. 11 Y the following, I.orm and the Mlayor and, City C %ler: ai-e here =by authorized and directed to Trake all recital. s contained therein (the form is for the bonds in the principal amount of $900,000 and if only the Interim Refunding Bonds in the principal amount of $797,000 are issued appropriate changes shall be made) : ' � 1 UNITED STATES OF AMERICA STATE OF ARKANSAS COUNTY OF PULASKI CITY OF LITTLE ROCK % MUNICIPAL AIRPORT REVENUE REFUNDING BOND NO. KNOW ALL MEN BY THESE PRESENTS: That the City of Little Rock, County of Pulaski, and State of Arkansas (the "City "), acknowledges itself to owe and, for value received, hereby promises to pay to bearer, or if this bond be registered, to the registered owner hereof, solely from the special fund provided as hereinafter set forth, the principal sum of DOLLARS in lawful money of the United States of America on the first day of March, 19 , and to pay solely from the special fund interest hereon at the rate of percent ( %) per annum from date until paid. Interest is payable semiannually on March 1 and September 1 of each year, commencing September 1, 1975. Principal and interest are payable at the principal office of (the "Trustee and "Paying Agent "). Payment of principal, when registered as to principal, and payment of interest when registered as to interest, may be by check or draft mailed to the registered owner at his address reflected on the registration book of the City maintained by the Trustee as bond registrar. This bond is part of an issue of bonds aggregating Nine Hundred Thousand Dollars ($900,000)_, numbered consecutively from One (1) to ( ) , inclusive (the "bonds ") , all of like tenor and effect, except as to number, denomination, rate of interest, maturity and right of prior redemption, and are issued for the purpose of retiring certain outstanding Municipal Airport Revenue Bonds of the City and described in the Authorizing Ordinance. The bonds are issued pursuant to and in full coinpli::nce with t.h.i Constitution and laws of the State of Arkansas, including particularly Act No. 53 of the Acts of Arkansas for the year 1949, as amended, and Act No. 175 of the Acts'of Arkansas for the year 1959, as amended, and pursuant to Ordinance No. of the City, adopted and approved on the day of , 1975 and an implerrcnting resolution (co1.lc ctivel5 the "Authori ing Ordina,cc ") and a resolution duly adopted by the Little Rock Municipal Airport Commission on the day of , 1975, and the l.onds do not constitute an indeb'Mcciness of the City within any constitutional or sta tutor y, limitation. The bonds are not gear ^ral obligations of the City, but are special obligations, paycl -Ac solely fror,i rcvenue:s c -Urlved from the operation of the Municipal Airport. The bonds are issued on a parity of pledge and security as to airport revenues with an issue of Municipal Airport Revenue Bonds dated May i, lybl (nie "IyJU Bonds "), an issue of Municipal Airport Revenue Bonds dated May 1, 1966 (the "1966 Bonds ") and an issue of Municipal Airport Revenue Bonds, Series 1971, dated March 1, 1971 (the " 1971 Bonds ") . An amount of such revenues sufficient to pay the principal of and interest on the 1961 Bonds, the 1966 Bonds, the 1971 Bonds and these bonds and to establish and maintain a reserve for contingencies, is set aside in a special fund for that purpose identified as the Municipal Airport Revenue Bond Fund (created by Ordinance No. 11 ,190 duly adopted and approved on the 19th day of June, 1961 and presently being mairtained). Reference is hereby made to the Authorizing Ordinance for a detailed statement of the nature and extent of the security, the rights and obligations of the City, the Trustee, and the holders and registered owners of the bonds and the terms and conditions upon which the bonds are issued, including, without limitation, the covenant of the City to impose and collect such charges for the use of the Municipal Airport and its facilities as will always produce sufficient revenues to provide for the operation, maintenance and repair of the Municipal Airport, to provide for the payment of the principal of and interest on the bonds, the 1961 Bonds, the 1966 Bonds, the 1971 Ponds a d tilese bonds, pay Trustee's and Paying Agents fe i ii, and to 11-ze !;e the required deposit into the Depreciation Fund. The bonds will be subject to redemption prior to maturity, in whole or in part, at the option of the City, in inverse numerical order, on any interest paying date on and after March 1, 1985, from funds from any source, at a price of the principal amount of the L-onds being redoemed plus accrued interest to the date of redemption. Notice of the call for redemption shall be published one time in a newspaper published in the City and having a general circulation throughout the State of Prl�-ansas, giving the numiDer° and rn 3turiiy of each bond beilag called, thr: publica- tion to be at least thirty (30) days prior to the redemption date and after the date fixed for redemption each bond so called shall cease to bear interest, provided funds for its payment are on deposit with the Trustee and Paying Agent at that time. In addition, such notice shall be given by first class mail to the registered owner of any bond registered as to principal or as to principal and interest at the address of such owner reflected on the books of the bond registrar and placed in the mails not less than thirty (30) days prior to the date fixed for redemption. If all outstanding bonds shall be registered as to principal and interest, then notice by first class mail to the registered owners thereof as aforesaid shall be sufficient and it shall not be necessary to publish notice of the call for redemption. This bond may be registered as to principal or as to principal and interest and may be discharged from such registration in the manner, with the effect and subject to the terms and conditions endorsed hereon. Subject to the provisions for registration endorsed hereon, nothing contained in this bond or in the Authorizing Ordinance shall affect orimpair the negotiability of this bond and this bond shall be deemed a negotiable instrument under the laws of the State of Arkansas and is issued with the intent that the laws of the State of Arkansas will govern its construction. 1t; T- 1ER'E,PY C3 ?:'TfFI),D, r ",;i_>>TI: %� D1,CLf IZ]' I) .'iat all Z;cI , conditions and things required to exist, happen zind to be. 1-3erformed p- ec:edent to and in the issuance of the bonds, have existed, have happened and have been performed in due time, form and manner, as required by law; that the indebtedness represented by the boncl.s does nat exceed am t;oi�stituti.on<;l or statutor, 7 limita- tion; and that sufficient revenues have been pledged to and' will be set aside into the Municipal Airport Revenue Bond Fund, referred to above, for the payment of the principal of and interest on the bonds. This bond shall not be va lid Ini-,til the Certificate of AuthentictDi�.on. hereon Shall have boen ,:signed by fl.­ 'trustee. IN WITNESS WHEREOF, the City of Little Rock, Arkansas, by its Board of Directors, has caused this bond to be signed by the Mayor and City Clerk thereof (with the facsimile signature of the Mayor and the manual signature of the City Clerk) and sealed with the seal of the City, and has caused the interest coupons attached to be signed by the facsimile signature of the Mayor, all as of the first day of March, 1975. ATTEST: City Clerk (SEAL) CITY OF LITTLE ROCK, ARKANSAS By (facsimile signature) Mayor (Form of Coupon) !':o. March, On the first day of September, 19 , the Gil,-, of Little; Roc':, Pula .':i County, Arkansas, unless the bond to which this coupon is attached is pa ',J prior thereto, hdreby promises to pay to bearer, solely out of the special fund specl. ': d in the bond to WhiCh this coupon is attacl.,nd , in such coin or currency as shall be legal tender for the payment of debts due the United States of America at the principal office of , Arkansas,, being :s' .. () mornth-1' JDitcrest iPr ^n due ova J. s Municio -ii Al.rporc !'Z v nue R<,itir,;on 3c: :' d 19';*',"-,, �,d _ I , dated Iv::�r c,n 1 , �� numbered CITY OF LITTLE ROCK, ARKANSAS By facsimile signature) Mayor / On each bond shall appear the following: CERTIFICATE OF AUTHENTICATION This is one of the bonds of the issue of Municipal Airport Revenue Refunding Bonds, of the City of Little Rock, Arkansas, dated March 1, 1975, and aggregating $900,000 in principal amount described in the bond to which this certificate is attached. By (Authorized Signature) PROVISIONS FOR REGISTRATION AND RECONVERSION `1 ... 11")-Cl ;n�,} ':�i, 10g stc , -c' as to 11c;-pt by t }1_ 'ti`.;iee d s },. .;CL rc !jsln'1 i 11})OD }I",C - t JJ il C it-_ lt i C., IY`.�l.,.ii'�.,I•, which shall lr:ul;e men1 or:: of such r: =:: istl.= ji:ic)il in the regist ation blank and this bond 1!;:.y thereafter he transf_''1 "Z: C7 O1'lly 11} 011 X77? aSSit�11711 :7 ?t d11I }' e�:eCUted by the registered owner or his attorney or legal representative in such form as shall satisf�lc:iary to '1ho, bc)n t rcgist:r::,: suc; }1 ir«l;ti rc, to be made on such bo 31:s amd endorsed hereon by the bond registrar. Such transfer may be to bearer, and there- after transferability by delivery shall be restored, but this bond shall again be r'Libject t0 s'_).Ccessivo r&C))i„trati.onS rmcl transfers as The principal of this i?v7'iCl, if rf.c,'i;;tc'red, ui7lc s: s register ;C< t0 bc,iiiner, sli ll.l. be }� yC blC Onl. }' to O)' up'v.1 Vic, order of 'i }t ; registc'.-od o- ,% >ner of lii.s lecial -rcpi 't; :7itativC3. I11tFJi "E'St c3CC111i.11C3 on this bond will be paid only on presentation and surrender of the attached interest coupons as they respectively become due, and noL- wit-hstandinq the recfist.ration of this bond as to principal, the appurtenant interest coupons shall remain payable to bearer and shall continue to be transferable by delivery; provided, that if upon registration of this bond, or at any time thereafter while this bond is registered In the name of the owner, the unmatured coupons attached evidencing interest to. be thereafter paid hereon shall be surrendered to said bond registrar, a statement to that effect will be endorsed hereon by the bond registrar and thereafter interest evidenced by such surrendered coupons may be paid by check or draft of the bond registrar at the times provided herein to the registered owner of this bond by mail to the address shown on the registration books. This bond when so converted into a bond registered as to both principal and interest may be reconverted into a coupon bond at the written request of the registered owner and upon presentation at the office of said bond registrar. Upon such reconversion the coupons repre- senting the interest to become due thereafter to the date of maturity will again be i I attached to this bond and a statement will be endorsed hereon by the bond 6r in the nogi stra Li.on bC, .ov NV',e l JCL ii is, 'i C77 i'C;il +'s c' �1�.. .i ci pr!) >;p :il. or to :_�G'•_i �i... i Njanner of Signature of r' Da�c c�` Regisl ka.en : N�3mca 01' Pond.1 ?r ir��r -16- Section 5. That tho City cznd t is Airpo "L. Cal,ilnis ^l.O i hereby C(.)` :._'1) ,Ilj with 1:.e IIo1C t t ll FVLt_ t fl ..� C!I�i. r�l� ..; ,. �� (1?n� I_ Lflt" J_i:7 - �., 1 `�., itIZC. of 11 ''. n % - i:_ , -J -(•. �1. hiri:)oi-� t7nC3 it, 11tk: . U" as will at all times produce sufficicW' to pra-,>i.de for 1:1-,e opera 4cl;, rnciintc,nance cirld repair of i:hc Tt�it.uli.Ci3: sl Airpor[., ic) provide for the payf7cnt of the principal of and interest on all of the outstanding bonds, including the 1961 Bonds, the 1966 Bonds, tl e 1971 Bor d and ttic; bc,.r,•3s of thiti is-stle, as i,', same bocoi-j_C; due, to p ovi.de for Trustee's and Paying Agent's fees, and to make the required deposit into the Depreciation Fund, and to maintain all funds provided for in O.- dinances hTo. 11, 190, 1,10. 1.1 746,, ho. 11,765, No. 12,456 ar ±d in this Ordinance at the reauirc c:3 lei«.,. , 1,^ a3 Jul_ )Jl %i: C,O`t'C:�1;;11 "i. :?h�11 ilZCli.ldc'; 'iS1 %� and o i3j i.on l < =� iC`. :);;'.• 1.me to ili "! c3 S Ci JLC.' 7.! the extent necessary to produce sufficient revenues to meet the above requirements. Section 6. That it is hereby expressly found and declared that the, provisions of Section 14 of Ordinance No. 11,190, Section 8 of Ordinance No. 11,745 and Section 8 of Ordinance No. 12,456 pertaining to the issuance of parity bonds have been fully met and complied with and that, therefore, the bonds of this issue shall rank on a parity of security with the 1961 Bonds, the 1966 Bonds and the 1971 Bonds. In this regard, the required certificate of the certified public accountant referred to in Section 14 of Ordinance No. 11,190 will be filed with the Trustee, the Airport Commission and in the office of the City Clerk prior to the delivery of the bonds. Section 7. That the provisions, covenants, undertakings, stipulations and obligations of the Airport Commission and the City set forth in Ordinances No. 11,190, No.,11,745, No. 11,755 and No. 12,456, and pursuant to which the 1961 Bonds, the 1966 Bonds and the 1971 Bonds were issued and secured and are pre- sently outstanding, as such Ordinances may, at any time, be amended, shall inure and appertain to the bonds of this issue to the same extent and with like r .1, le", 7- g aj.ijung oflhr,:r Lllii�,js, ai-) -17- i f 5� 'Lh fill'.. 1 ; I . , C _-� �,:C"j-1 C)/ - J7e! 1, d C, f(-­ L z� j IS 0 jj I L .1, fl 0 i- J j, g aj.ijung oflhr,:r Lllii�,js, ai-) 1, L ofordl�nzin,­', j,1 h-• been crcatr �1 end is ing mEAnlairied (1) a Airpoic Fund" and for the payment into that fund of all the income and revenue derived frorn the operation of the Municipal Airport, disbursements therefrom and the (2) a. Airport Operation and Maintenance Fund" and for the payment into that fund of the required amounts and permitted disbursements therefrom, (3) a "Municipal fo., 411C -1 q - , Aii-polt RO-\7enue Bond Fundl" and I ( _ U il.:.o thz�t fund of Lhe ic 11`1.1(.�d zlinowits and d 1. 1­if i C ! � : �, -I -, L 1 . , , '­ P_ , ., 1 1),i -, rso) j - ID(I i, i.ici!_J Airpo,-;-- :- ­'-� !J'on PCI)IC1,11 p�,-jr . into th 17Lind of th,.: required amounts a. nclk disburse- ments therefrom, all as specified in the applicable sections of Ordinance No. 11,190 , are herel)v continued, ratified and con-Firmed, In as much as the bonds of this issue rank on a parity with the 1961 Bonds, the 1966 Bonds and the 1971 Bonds, the required monthly deposits into the Municipal Airport Revenue Bond Fund shall be increased by the amounts necessary to provide for the payment of the principal of and interest on the bonds of this issue, and Trustee's and Paying Agent's fees, as the same become due and to increase the reserve for contingencies (over a period of not to exceed ten years) to the maximum amount that will become due in any year for principal and interest on the 1961 Bonds, the 1966 Bonds, the 1971 Bonds and on the bonds of this issue. In this regard the monthly deposits into the Muni- cipal Airport Revenue Bond Fund shall be increased by a sum equal to one-sixth of the next installment of interest and one-twelfth of the next installment of principal (as those installments will be set forth on the schedule which appears in the resolution to be adopted by the Board) . In addition, there shall be paid into the Municipal Airport Re-venue Bond Fund each year not less than 10% of -18- amount },i, .which the reserve for coniingencic:. is regtijrr�d to be c:) 1_ - -.: .-d '-t, `,.--, -•.q. �._ `� 1(',.'i ., C..'CJ(1' 0!, 1 -- }�1-it 1 d withii,l a ten. year per-Jod. The intandnd cfr"C`t of incorporating the pro-- ,gsions of Ordinances 11,1o. ll,HJU, No. 11,741;, No. 11,755 and No. 12,456 herein, as above provided, shall be to make those provisions fully applicable to tb- bonds of this jssu, -. zand the of such Ordinances shall he construed arid interpreted to accomplish that inte,-ided effect (for instance; , references in Ordinance No. 11, 190 to "bonds" or to "bonds of this issue ", or r of n - ),lil ,r J.1!lp0'G, shall }1;: C.r';Y 2.stl'l1.".d i0 in {;fi.1.dC this 1961. . BC,-,Ids, t }in l�;GJ }?vll.!.``•, '.he. 1971 F.londs and fl. ?e bonds boinc; issued oil. C`,. under thic'. :ovjsjai- of t 0 � A ME UjEily schedule will be set forth in an implementing resolution adopted by the Board after the sale of the bonds. Section 8. That the provisions of Section 14 of Ordinance No. 11,190, Section 8 of Ordinance No. 11,745 and Section 8 of Ordinance No. 12,456, dealing with the issuance of additional bonds, shall be applicable to the bonds of this issue, with the result that the bonds of this issue will be included with the 1961 Bonds, the 1966 Bonds, the 1971 Bonds and any bonds proposed to be issued at any particular time insofar as the 150% coverage requirement for parity bonds as set forth in said Section 14 is concerned; provided, however, after the 1961 Bonds are paid or provision is made therefor, the coverage require- ment for parity bonds shall be 140% of the maximum amount that will become due in any year thereafter for principal and interest payments on all bonds then outstanding and on the bonds then proposed to be issued. Section 9. That the bonds of this issue shall be subject to redemption prior to maturity in accordance with the provisions in the bond form appearing in Section 4 hereof. -10- Sec ' 1.{� Thai t'rle rcc ,ill fire.; 0,. ;: =. l'_e arld i} o _�_.... _.,..__ 1 e f C e of l:i C:Y? C,I : -. t t. C:�, i.1Y( 71,rJ )'] ..iL. .. �...1 / t t Ci3k(3 c�Il'' c %"�L �i1 c .i U c L'..1�._.. .t. sl.al' u.., :� ! Y `'. 3. _. in writing aIl'k. shall. }lat r' 1_,-.nn illdan;irl" ficC} to it" 3'+ dari :ge, or expe nse on account of the -iakin( 4 of such, Action. The Trustee rl,ay resign at-any time by ten (10) days' notice in writing to the Secretary of the AirPc7' COI1Yrl,l „F.ion, and 1.;;:, majority jl -) Value of t' ddej,._ '-,I 'ih1, UUlf� bonds of this issue at any time may, with or without cause, remove the Trustee. Upon the resignation or removal of a Trustee, the majority in value of the holders of the outs Lindi.rl'g bonds Of this iSSLIc ri-,a ' D8PIK.1 i3 ric,w Trustee, 'hut if siich iloidcrs do not name, ca nc'' /:' TyusU.,c; N�vithi.n tilhty (30 day,E l;r,'.I” Z?. vacEin 1' occ111 Shall. i i. �.; 7 Y3 _ rr ..� , ta_ G1;. \�lth Y "t•';1;<<t c 't'v I1 � _ . .., , h3 cli:, .. �- I1tal�! rSt .'� ..I nGVV Trustee shall be evidenced by a writing duly acknowledged and recorded in the office of the Circuit Clerk and Ex Officio Recorder for Pulaski County, Arkansas. Any successor Trustee shall have all the powers herein granted to the original Trustee. In the event of a change in the office of Trustee the old Trustee which t has resigned or been removed shall cease to be Paying Agent and the successor Trustee shall become the Paying Agent. Section 11. That after the bonds have been executed by the Mayor and City Clerk and the seal of the City impressed as herein provided, they shall be delivered to the 1'rustee which shall authenticate thern and deliver them to the purchaser upon receipt from the purchaser of the purchase price plus accrued interest ( "total sale proceeds ") . The Trustee shall disburse the total sale proceeds as follows: -20- !Zevonu(-- B:)1"(.3 Fund CA i, J! I. No. 1, Z"donte," -1 r 0 :end s Z1 S C) rch 1 2. Apply sur,:'A portion of '1� pl-occ�c(7,- l)ece '-11 \1 to payment of such of 11 l 1971 Secic-,-. J."i - -P. Bond as are tendered for payment ait-. a price of par and accrued interest. 3. Deposit any balance of the total sale proceeds into the 197 J �2ccond) Revenuo 13"o-A Fund created by Ordj.:-icance, No. 12,5%0, adopl:od and approved December 1, 1971. All 1971 Interim Bonds and 1971 Second-A Bonds and all coupons appurtenant thereto that are pa d- -111-J-1 1--? car),-ellled and! not be rei,-Sucd, A-!,Yv A i-I n I onoys re, I ila.1.1' ill i it P Fu I-, i th-� 19, VI 1 '0 - ID of' thc-)-!c, '),Unds, d in the Municipal Airport Revenue Bond Fund (created by Ordinance No. 11,190) . Section i2. That this Ordinance shall not create. any right cff any kind, and no right of any kind shall arise hereunder pursuant to it until the bonds authorized by this Ordinance shall be issued and delivered. Section 13. That the provisions of this Ordinance are hereby declared to be separable and if any provision shall for any reason be held illegal or invalid, such holding shall not affect the validity of the remainder of the Ordinance. Section 14. That all ordinances, resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 15. That it is hereby ascertained and declared that an immediate need exists for the retirement of the indebtedness ' evidenced by the maturing 1971 Interim Bonds. It is, therefore, declared that -21- n emorg c y i, th lis o I 1c' trit P -Ice (IC a I id hike e fl[c c.14 1) c- i � ze front �inJ. after Passage January 21 ATTY ST: Py Clerk (ISTIA-11) h T)T)T?r)17pn. q