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11199ORDINANCE NO. 119199 AN ORDINANCE CALLING A SPECIAL ELECTION TO VOTE UPON THE QUESTION OF ISSUING BONDS UNDER THE PROVISIONS OF ACT NO. 9 OF'THE FIRST EXTRA- ORDINARY SESSION OF THE SIXTY - SECOND GENERAL ASSEMBLY OF THE STATE OF ARKANSAS, APPROVED JANUARY 213, 1960, AS AMENDED BY ACT NO. 48 OF THEACTS OF ARKANSAS OF 1961, FOR THE PURPOSE OF FINANCING THE COST OF SECURING AND DEVELOPING INDUSTRY NEAR THE CITY OF LITTLE ROCK, ARKANSAS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY. WHEREAS arrangements have been made with Jacuzzi Bros., Inc., a California corporation (hereinafter sometimes referred to as "Jacuzzi "), for the location of a substantial industrial plant near the City of Little Rock, Arkansas (hereinafter sometimes re- ferred to as the "City "); and WHEREAS the location of said industrial plant near the City will result in increased employment, will result in increased payrolls, will alleviate unemployment, and will result in other public benefits incidental to the operation of a substantial in- dustrial plant, all of which will be in the best interests of the City and its citizens and inhabitants; and WHEREAS in order to obtain funds for the financing of necessary lands and constructing a factory building and manufactur- ing facilities thereon (hereinafter sometimes called the "Project "), essential to the location and operation of said industrial plant, the Board of Directors of the City has determined to issue, sub -, ject to the approval of the electors of the City, City of Little Rock, Arkansas Industrial Development Revenue Bonds under the provisions of Act No. 9 of the First Extraordinary Session of the Sixty- Second General Assembly of the State of Arkansas, approved 0620-12,)- Q -q Page 2 January 21, 1960, as amended by Act No. 48 of the Acts of Arkansas of 1961 (hereinafter sometimes called "Act No. 9 ") in an amount not to exceed $1,400,000 for the purpose of financing the Project costs and necessary costs and expenses incidental thereto, the costs of the issuance of the bonds, and to provide adequately for debt service on the bonds until Project revenues are available therefor; and WHEREAS the Project will be leased to Jacuzzi for a lease rental sufficient to pay the principal of, interest on and Paying Agent's fees in connection with the bonds, as the same become due and payable, and said lease rentals will be pledged to and used for the payment of the principal of, interest on and Paying Agent's fees in connection with the bonds, and in addition the bonds will be secured by a mortgage on the Project as authorized by Act No. 9; NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the City of Little Rock, Arkansas: Section 1. That a special election be, and the same is hereby, called to be held in the City of Little Rock, Arkansas on the 22nd day of August, 1961, at which election there shall be submitted to the electors the question of issuing Industrial Development Revenue Bonds under the provisions of Act No. 9 in an amount not to exceed $1,400,000 for the purpose of securing and developing industry near the City (the particular industrial Pro- ject is described above). The bonds will be dated August 1, 1961 and interest on the bonds will be payable semi - annually on June 1 and December 1 of each year commencing December 1, 1961, at a rate or rates to be hereafter fixed. The bonds will mature serially on December 1 in each year as follows, but will be Page 3 callable for payment prior to maturity upon such terms as shall be set forth in the face of the bonds and in the ordinance authorizing their issuance and delivery: YEAR AMOUNT 1962 $ 41,000 1963 43,000 1964 46,000 1965 48,000 1966 50,000 1967 53,000 1968 56,000 1969 59,000 1970 62,000 1971 65,000 1972 69,000 1973 72,000 1974 762000 1975 80,000 1976 842,000 1977 89,000 1978 94,000 1979 99,000 1980 104,000 1981 110,000 Section 2. That said question shall be placed on the ballot for the special election in substantially the following form: Vote on measure by placing an "X" in the square above the measure either for or against: For the issuance of Industrial Development Revenue Bonds by the City of Little Rock, Arkansas in an amount not to exceed $1, 4002000 ..........................,�/ Against the issuance of In- dustrial Development Revenue Bonds by the City of Little Rock, Arkansas in an amount not to exceed $1, 400,000 ....................(, / It is proposed to issue City of Little Rock, Arkansas Industrial Development Revenue Bonds under Act No. 9 of the First Extraordinary Session of the Sixty- Second General Assembly of the State of Arkansas, approved January 21, 1960, as amended by Act No. 48 of the Acts of i y Page 4 Arkansas of 1961 (herein called "Act No. 9 ") in an amount not to exceed $1,400,000 for the purpose of financing the cost of securing and developing industry near the City. The bonds will be dated August 1, 1961 and interest thereon will be payable semi - annually on June 1 and December 1 of each year commencing December 1, 1961, at a rate or rates to be hereafter deter- mined. The bonds will mature serially in annual installments on December 1 in each of the years 1962 to 1981, inclusive. The particu- lar industrial project consists of lands and the construction of a factory building and manufacturing facilities thereon, which in- dustrial project will be leased to Jacuzzi Bros., Inc., a California corporation. The rentals derived from said leasing of the project will be pledged to and used for the payment of the principal of, interest on and Paying Agent's fees in connection with the bonds, as the same become due and payable, and said rentals will be sufficient in amount for that purpose. The bonds will not be general obligations of the City but will be special obligations payable solely from lease rentals and revenues derived from said industrial project and will be secured by a mortgage on said industrial project as authorized by Act No. 9. Section 3. That the election shall be held and conducted and the vote canvassed and the results declared under the law and in the manner provided for municipal elections, so far as the same may be applicable, and the Mayor shall give notice of such election by an advertisement published once a week for four consecutive weeks in a newspaper having a bona fide circulation in the City of Little Rock, Arkansas, with the last publication to be not less than ten days prior to the date of the election, and only quali- fied electors of said City shall have the right to vote at said election on said question. Section 4. That the results of said election shall be `proclaimed by the Mayor and his proclamation shall be published one time in a newspaper having a bona fide circulation in said City 7 C r Page 5 of Little Rock, Arkansas, which proclamation shall advise that the results as proclaimed shall be conclusive unless attacked in the courts within thirty days after the date of such proclamation. Section 5. That a copy of this ordinance shall be fur- niched the Pulaski County Board of Election Commissioners so that the necessary election officials and supplies may be provided. Section 6. That there is hereby found and declared to be an immediate need for the securing and developing of industry near the City of Little Rock, Arkansas in order to provide employ- ment, provide increased payrolls, alleviate unemployment and pro- vide other public benefits incidental to the securing and operation of a substantial industry, and the issuance of the above described bonds is essential to the financing and obtaining of said industry. It is, therefore, declared that an emergency exists and this ordi- nance being necessary for the immediate preservation of the public • health, safety and welfare shall be in force and take effect immedi- ately upon and after its passage. ATTEST: PASSED: July 17, 1961 City Clerk APPROVED: r C E R T I F I C A T E I, the undersigned, City Clerk of Little Rock, Arkansas, hereby certify that the foregoing pages numbered 1 to 5, inclusive, are a true and compared copy of an ordinance passed at a session of the Board of Directors of Little Rock, Arkansas, held at the regular meeting place of the Board of Directors in said City at day of o'clock .m. on the , 1961, and that said ordinance is of record in Ordinance Record Book , page , now in my possession. Given under my hand and seal this , 1961. ( SEAL) City Clerk day of