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11530ORDINANCE N). 11,530 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A $19000,000 CITY OF LITTLE ROCK WATER REVENUE PROMISSORY NOTE TO PROVIDE IMMEDIATE CONSTRUCTION FUNDS PRIOR TO ISSUANCE OF WATER REVENUE BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY WHEREAS, the Board of Commissioners of the Little Rock Municipal Water Works has elected to improve the City's waterworks system by the construction of a new filter plant, water main extensions and appurtenances thereto at an estimated cost of $4,800,000 and to finance the cost by the sale of water revenue bonds; and WHEREAS, approximately $1,000,000 of said cost will be required for construction payments before proceeds of the bond issue are available; and WHEREAS, Worthen Bank and Trust Company, of Little Rock, Arkansas, has offered to lend the sum of $1,000,000 to be evidenced by a water revenue promissory note bearing interest at the rate of 3% per annum, upon terms as more particularly set forth hereafter; Now, Therefore, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: Section 1. That, under the authority of the Constitution and laws of the State of Arkansas, including particularly Act 321 of the Acts of Arkansas of 1955, amending Act 131 of the Acts of 1933, as amended, the Mayor and City Clerk of the City of Little Rock, Arkansas, be, and they are hereby, authorized and directed to execute a water revenue promissory note in the amount of $1,000,000, said note to be in substance and form substantially as follows, to -wit: Coo -40 D - f° $1,000,000 WATER REVENUE PROMISSORY NOTE Little Rock, Arkansas October 6, 1964 The City of Little Rock, in the County of Pulaski, State of Arkansas, for value received, hereby promises to pay to Worthen Bank and Trust Company, of Little Rock, Arkansas, on or before January 6, 1965, solely from revenues derived from the operation of the City's waterworks system and /or from the proceeds of the sale by the City of water revenue bonds, the sum of One Million and no /100 Dollars ($1,000,000.00) with interest at the rate of three per cent (3 %) per annum. Both principal and interest shall be payable at the office of the Worthen Bank and Trust Company in Little Rock, Arkansas. This revenue promissory note is issued under the authority of the Constitution and laws of the State of Arkansas, particularly Act 321 of the Acts of Arkansas of 1955, amending Act 131 of the Acts of Arkansas of 1933, as amended, and under Ordinance No. duly adopted by the Board of Directors of the City of Little Rock and approved on October 5, 1964, and does not constitute an indebtedness of the City of Little Rock within any constitutional or statutory limitation, but the municipal revenues and funds out of which this note is payable are hereby pledged, to the full extent permitted by law, as security for the payment of this obligation. The City shall be entitled to draw upon the principal sum on the dates and in the amounts set forth hereafter: October 6, 1964 November 1, 1964 December 1, 1964 - 2 - $250,000.00 350,000.00 400,000.00. Interest as aforesaid shall be payable only upon the amount or amounts of principal which have been withdrawn by the City and shall be payable only from the date or dates of withdrawal. Any portion of the amount due hereunder may be prepaid without notice and without penalty on any business day. The proceeds of the loan evidenced by this note shall be deposited in a special City of Little Rock Water Revenue Note Fund and shall be used solely for paying portions of the cost of constructing a new waterworks filter plant, water main extensions and appurtenances thereto. It is hereby certified, recited and declared that all acts, conditions and things required to exist, to be performed and to happen precedent to and in the issuance of this note have existed, have been performed and have happened in due time, form and manner as required by law. The City of Little Rock waives presentment for payment, notice of nonpayment, protest and notice of protest. IN WITNESS WHEREOF, the City of Little Rock, Arkansas, by its Board of Directors, has caused this note to be executed by the Mayor and City Clerk thereof and its corporate seal affixed, all as of the 6th day of October, 1964. Attest: City Clerk (Seal) CITY OF LITTLE ROCK, ARKANSAS By _ Mayor Section 2. That the principal of and interest on said note shall be payable solely out of revenues derived by the City from the operation of its waterworks system and /or from the proceeds - 3 - of a subsequent water revenue bond issue, and the City hereby covenants and agrees to so pay the principal of and interest on the note in strict conformity with the terms thereof. The note is a special obligation payable solely from the above described sources and shall not constitute an indebtedness of the City of Little Rock within any constitutional or statutory limitation, but the municipal revenues and funds out of which this note is payable are hereby pledged, to the full extent permitted by law, as security for the payment of this obligation. Section 3. That the proceeds of said note shall be paid to the Board of Commissioners of the Little Rock Municipal Water Works and shall be deposited in a special fund to be known as "City of Little Rock Water Revenue Note Fund "; the proceeds shall be used solely for paying portions of the cost of constructing a new waterworks filter plant, water main extensions and appurtenances thereto. Section 4. That the provisions of this ordinance are separable and if any provision shall for any reason be held illegal or invalid, it shall not affect the validity of the remainder of the ordinance. Section 5. That all ordinances and resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6. That it is hereby ascertained and declared that a contract for the construction of a portion of the aforesaid improvements has been let and the work is in process; that procedures have been instituted for the sale of water revenue bonds to finance said construction; that the proceeds of said bond sale will not be available immediately; that payments for said - 4 - construction will fall due before the bond proceeds are available; and that the proceeds of the note authorized by this ordinance will be necessary to pay said construction costs. 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: October 5, 1964. ATTEST: City Clerk (Seal) APPROVED: Mayor - 5 - RESOLUTION WHEREAS, the Board of Commissioners operating the Little Rock Municipal Water Works system has elected to construct a new filter plant, water main extensions and appurtenances thereto at an estimated cost of $4,800,000 and to finance the cost of said project by the sale of water revenue bonds; and WHEREAS, there is a need for $1,000,000 to pay construction costs falling due before the proceeds of the bond issue will be avail abl e; and WHEREAS, it has been determined that Worthen Bank and Trust Company will lend the City of Little Rock the aforesaid sum of $1,000,000 to bear interest at the rate of 3% per annum, with the City having the privilege of withdrawing the principal in installments and paying interest on principal only from the date of withdrawal and with the privilege of prepaying any amount due without penalty on any business day, said loan to be evidenced by the City of Little Rock's water revenue promissory note; Now, Therefore, BE IT RESOLVED by the Board of Commissioners of the Little Rock Municipal Water Works that the Board of Directors of the City of Little Rock, Arkansas, be requested to adopt an ordinance authorizing the issuance of a $1,000,000 City of Little Rock water revenue promissory note in substance and form substantially as shown by the copy attached hereto. PASSED AND UNANIMOUSLY ADOPTED this 29th day of September, 1964. ® Burford Certificate I, H. J. Burford, Secretary of the Board of Commissioners of the Little Rock Municipal Water Works, certify that, as such Secretary, I have custody of the minutes of the Little Rock Municipal Water Works, and that the above and foregoing is a correct copy of a resolution adopted by said Board of Commissioners at a special meeting held September 29, 1964. ir' - refiry