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6813fi .f { _ OFJDIFANCE NO. 0 IBANCE PROVIDING FOR THE ISSUANCE DANCE OF BONDS FDR THE PUR- POSE OF REMNDING PART OF THE OUTSTANDING BONDS OF THE CITY OF LITTLE ROCK D&TED FEBRUARY 1, 1937, WHICH WERE ISSUED FOR THE PURPOSE OF PAYING PART OF THE COSTS OF PURCHASING A SITE FOR., AND CONSTRUCTION AND EQUIPMENT OF, A MUNICIPAL.AUDI.TOR* IMI.. AND LEVYING A TAX TO PAY THE SAFE. WHEREAS, the ovmer of $350,000 principal amount (being part of a total of $403,000 principal amount now out - _ standing) of the City's non - callable municipal audttorif bonds authorized by Ordinance No. 5507, dated February 1, 1937, mmbered from 119 to 468, inclusive, bearing interest k . a ii ta#® ®f ' `bt r per eentt� (,►) Per annum from date, and maturing serially on August 1st in the years 1950 to 1967, inclusive; the schedule of principal and interest maturities being as follows: e i i YEAR PRINCIPAL INTEREST TOTAL 1946 _ 14 ,000 14, o00 1947 14,000 14,000 1948 143,000 1/+,000 1949 14,000 14,000 1950 { 11,000 14,000 25,000 1951 14,000 13,560 27,560 1952 15,000 13,000 282000 1953 I 15,000 12,100 27,400 i 1954 16 000 11,800 27,800 1955 17,000 11,160 28,160 1956 17.0000 10, 480 27, 480 18,000 9,800 27,800 1958 19,000 9,080 28,080 1959 202000 8,320 283-2O 1960 20,000 7,520 27,520 1961 21,000 6,720 273,720 1962 22,000 5,880 27,880 1963 23,000 5,000 28,000 1964 24,000 4,080 .28,080 1965 25,000 3,120 28,120 1966 26,000 - 2,120 28,120 1967 27,000 1,080 2 8,080 350 NM t2O jl-20 555,120 2 has agreed With the City that said $350,040 principal amount of bonds may be refunded by exchanging them for a like principal smou$t of callable bonds bearing g lower rate of interest, dated August 1, 19,45 and maturing serially on August 1 in the yeas 4 1,906 to 1967, inclusive, converted to their equivalent of I $433,000 principal amount of bonds, callable on the terms here- inafter set forth, bearing interest at the rate of two per eentum (2%) per annum from date, dated August 1, 1945 and I maturing on August 1 in the years 1946 to 1967, inclusive; the a follows: schedule of principal and interest maturities being s YEAR 1946 1947 1948 1949 1950 1951 1952 1953 1954 1955 1956 1957 1958 1959 1960 1961 1962 L BOND PRINCIPAL $ 6,000 6,500 6,000 7,000 17,500 21,000 21, 500 21,500 22,000 22,500 23,000 23,500 24,000 24,500 25,000 25,500 26,000 �r BOND INTEREST Feb. 1 4,330 Aug. 1 41330 Feb. 1 41270 ' Aug. 1 41270 - Feb. 1 41205 Aug. 1 A,1205 Feb. 1 4,145- - Aug. 1 4,145 - Feb. 1 4,075 - Aug . 1 /+1075 - Feb. 1 3,900 - Aug. 1 3,900 Feb. 1 3,690 - Aug. 1 31690 - Feb. 1 3,475 Aug. 1 31475 - Feb. 1 3,260 -- Aug. 1 3.t260- Feb. l 3,040 - Aug. 1 3,040 - Feb. 1 2,815 - Aug. 1 2,815 Feb. 1 2,585 Aug. 1 22585 - Feb. 1 2,350 Aug. 1 2,350 - Feb. 1 21110 Aug. 1 2,110 Feb. 1 12865 Aug. 1 11865 Feb. 1 1,615 Aug. 1 1,615 _ Feb. 1 1060 Aug. 1 1060 TOTAL $ 14,660 15,040 14,410 15,290 25,650 2 8, 800 .28, 880 28, 450 28, 520 28,580 28,630 28, 670 28,700 28,720 28,730 28,730 28, 720 YEAR BOND PRINCIPAL BOND IN__ TEREST TO —T' 1963 $ 26,500 Feb. Aug. 1 $ 1,100 -' 1 1,100 28,700 1961 27,000 Aug. 1 835 - 28,670 1965 27,500 Feb. Aug. 1 565 - 1 565- 28,630 1966 28,000 Feb. Aug. 1 290 1 290 28,580 1967 1,000 Feb. Aug. 1 10 1 _ 10 1,020 i 433,_000 $111.780 9 544,780 and, WHEREAS, it appears that by issuing the said $433,000 principal amount interest rate of i 'authorized to Assembly of Arka of callable refunding bonds bearing the lower two per centum (2 %) per annum, (which the City do under Act No. 103 of the Acts of the General nsas of the year 191+5), the City will certainly save the sum of $10,31+0.00, and, because of the callable feature of the refunding bonds, will probably save substantially more, particularly if the present assessed valuation of property in the City increases in the future, which is reasonably possible; and., WHEREAS, the City Council finds that $53,000 principal amount of said non - callable municipal auditorium bonds dated February 1, 1937, and numbered from 66 to 118, inclusive, would still be outstanding, but that the present tax rate of ninety- one and two- thirds hundredths (.91 -2/3) of a mill will be suf- ficient to pay their principal and interest maturities and the principal and interest maturities of the refunding bonds herein authorized to be issued, and possibly leave a surplus to call some of the said refunding bonds; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF LITTLE ROCK, ARKANSAS: Section 1. That the City proceed with the refunding of its said $350,000 principal amount of 4% outstanding bonds and that the refunding bonds in the principal amount of $1+33,000 bearing interest at the rate of 2% per annum and more fully desbribed hereinafter be prepared, executed and delivered to The Commercial National Bank, in the City of Little Rock, Arkansas, to be delivered on the terms and conditions as hereinafter directed and authorized in Section g. Ci Section 2. The Mayor and the City Clerk are hereby authorized and directed forthwith to execute the bonds of the City in the principal amount of $433,000, bearing interest at the rate of two per cen tum (2 %) per annum from date, dated August 1, 191+5, their numbers, denomination, and maturities to be as follows, but subject to redemption before maturity on the terms and conditions hereinafter set forth; 7 BOND NOS. AUG. 1ST 1 to 6, inclusive 7 500 8 to 13 n 14 to ' 19 � 20 to ,26 71000 27 28 to 44 n 45 to 65 tr 66 21,000 67 to 87 r� 88 21,000 89 to 109 " 110 to 131 " 132 22,000 133 to 154 500 155 to 177 22,000 178 23,000 179 to 201 n 202 to 225 n 226 24,000 227 to 250 n 251 to 275 n 276 25,000 277 to 301 n 302 to 327 n 328 26,000 329 to 354 " 355 to 381 n 382 27,000 383 to 409 500 1+10 to 437 " 438 28,000 DENOMINATION 1,000 500 1,000 1,000 1,000 500 1,000 1,000 500 1,000 500 1,000 1,000 500 1,000 1,000 500 1,000 1,000 500 1,000 1,000 500 1,000 1,000 500 1,000 1,000 500 1,000 1,000 1,000 7a MATURITY AMOUNT AUG. 1ST $ 6,000 1946 500 6,000 1947 6,000 1948 71000 1949 500 17,000 1950 21,000 1951 500 21,000 1952 500 211000 1953 22,000 1954 500 22,000 1955 23,000 1956 500 23,000 1957 24,000 1958 500 24,000 1959 25,000 1960 500 25,000 1961 26,000 1962 500 - 26,000 1963 27,000 1964 500 27,000 1965 28,000 1966 1,000 1967 F Section 3. Said bonds shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF ARKANSAS COUNTY OF PULASKI CITY OF LITTLE ROCK MUNICIPAL AUDITORIUM 2% REFUNDING BOND NO. KNOW ALL MEN BY THESE PRESENTS: That the City of Little Rock, in the County of Pulaski, State of Arkansas, acknowledges itself to owe and for value received promises to pay to bearer the sum of DOLLARS in lawful money of the United States of America, on the first day of August, 19 , with interest thereon from the first day of August, 1945, at the rate of two per centum (2 %) per annum, payable on the first day of February, 1946, and semi - annually thereafter on the first days of August and February of each year, on presentation and surrender of the annexed interest coupons as they severally mature. Both principal and interest of this bond are hereby made pa.ya-)Ie G.t the office of The Commercial National Bank, in Little Rock, Arkansas. This is one of a series of 438 bonds aggregating Four Hundred and Thirty - Three Thousand Dollars ($433,000), all of like tenor and effect, except as to maturities and denominations, and numbered from 1 to 438, inclusive, issued for the purpose of refunding tine )r-1rici )� l of legally binding outstanding bonds of the City which were issued for the purpose of paying part of the costs of a site for, and construction and equipment of a municipal a auditorium; and the City of Little Rock hereby covenants that in the issuing of this bond it has proceeded in accordance with the Constitution of the State of Arkansas and Acts of the General Assembly of said State, under ordinances of the City Council of said City, duly passed, and in pursuance to an election duly held at which the majority of the legal voters of said City voting at said election voted in favor of the issuance of the bonds refunded by this issue; that all things necessary to the validity of this bond under the laws of the State of Arkansas and its Constitution have existed, have happened and have been performed as required by law; that a tax sufficient to pay the bonds aforesaid has been duly levied in accordance with said Constitution and made payable annually until the principal of and interest on said bonds have been fully paid and discharged; and that the indebtedness repre- sented by this bond and the issue of which it forms a part does not exceed any constitutional or statutory limitations. For the prompt payment of this bond and all other bonds of this issue, and the interest thereon, the said City of Little Rock hereby pledges its full faith, credit and taxing power, including the nirr ty -one and two- thirds hundredths (.91 -2/3) of a mill of the five -mill tax authorized by Amendment No. 1; to the Constitution of Arkansas to be levied, and levied by Ordinance No. of the City Council of the City of Little Rock, Arkansas, passed and approved on the day of September, 1945, and applicable equally to the payment of this bond and other bonds of this issue and the $53,000 principal amount of municipal auditorium bonds of the City dated February 1, 1937. Bonds numbered 375 to 438, inclusive, of this issue shall be subject to redemption, at the option of the City, in lawful money of the United States of America, at par and accrued interest, in 7 inverse numerical order, if no bonds of this issue or of said issue of municipal auditorium bonds dated February 1, 1937 are in default as to principal or interest, out of any surplus of .the proceeds of the tax of ninety -one and two - thirds hundredths (.91 -2/3) of a mill levied for their payment over the sums ne- cessary to pay the principal of and interest on the said bonds dated February 1, 1937 and the bonds of this issue falling due in the current year, or out of any other available tax collec- tions, as follows: bonds Nos. 426 to ,438, inclusive, on August 11 1946; any of said bonds not previously redeemed, and bonds '� of said bonds Nos. 17.6 to ,425, inclusive, on August 1, 19.7; any not previously redeemed, and bonds Nos. 406 to 415, inclusive, on August 1, 1948; any of said bonds not previously redeemed, and bonds Nos. 396 to 405, inclusive, on August 1, 1949; any of slid bonds not previously redeemed, and bonds Nos. 386 to 395,,, inclusive, on August 1, 1950; and any of said bonds not pre- viously redeemed, and bonds Nos. 375 to 385, inclusive, on August 1, 1951. On August 1, 1952, and at any interest paying date thereafter, any bonds of this issue not previously redeemed shall be subject to redemption, in inverse numerical order, at par and accrued interest, out of any such surplus or other available tax collections or with money from any other source. In case the City shall desire to exercise such right of redemp- tion., notice of the call for redemption shall be published by the City Clerk once a week for two weeks before the date of such redemption., in a newspaper of general circulation published in the City of Little Rock, Arkansas, and having w general circu- lation throughout the State of Arkansas; and after the redemp- tion date mentioned in said notice, the bond or bonds so cakled will cease to bear interest, provided funds for their payment are on deposit at that time. 10 This bond shall not be valid until authenticated by the certificate hereon of The Commercial National Bank, in Little Rock, Arkansas. IN WITNESS WMM116F, the City of Little Rock has executed this bond by the hands of its Mayor and City Clerk, and attested it with its corporate seal, and has caused the coupons hereto attached to be authenticated by the facsimile signature of its Mayor, as of the first day of August, 1945• CITY OF LITTLE ROCK., ATTEST: by Mayor City Clerk To each of said bonds are attached coupons for the semi-annual-interest., in the following form: No. February, On the first day of sty 19—J. the City of Little Rock, Arkansas, promises to pay to bearer Dollars, in lawful money of the united States of America, at the office of The Commercial National Bank, in the City of Little Rock, Arkansas, being six months' interest then due on its municipal auditorium 2% refunding bond dated August 1, 1945, and numbered _, unless the bond to which this coupon appertains is sooner called for payment. Mayor (The signature of the Mayor to the coupons attached to said bonds may lithographed or engraved.) (The number of this.ordinance and the date of its passage and approval shall be filled in the blanks in the bond form.) 11 On the back of each bond shall appear the following: CERTIFICATE This is to certify that this is one of the 438 bonds of the issue mentioned and described herein. THE COWERCIAL NATIONAL BANK, Little Rock, Arkansas by ,1945 YIce- President and Secretary Section 4. Bonds numbered 375 to 438, inclusive, of this issue shall be subject to redemption, at the option of the City, in lawful money of the United States of America, at i par and accrued interest, in inverse numerical order, if no bonds of this issue or of said issue of municipal auditorium bonds dated February 12 1937 are in default as to principal or interest, out of any surplus of the proceeds of the tax of ninety -one and two- thirds hundredths (.91 -2/3) of a mill levied for their payment over the sums necessary to pay the principal of and interest on the said bonds dated February 1, 1937 and the bonds of this issue falling due in the current year, or out of any other available tax collections, as follows: bonds Nos. 426 to 438, inclusive, on August 1, 1946; any of said bonds not previously redeemed, and bonds Nos. 416 to 425, inclusive, on August 1, 1947; any of said bonds not previously redeemed, and bonds Nos. 406 to 415, inclusive, on August 1, 1948; any of said bonds not previously redeemed, and bonds Nos. 396 to 405, inclusive, on August 1, 1949; any of said bonds not previously redeemed, and bonds Nos. 386 to 395, inclusive, on August 1, 1950; and any of said bonds not previously re- deemed, and bonds Nos. 375 to 385, inclusive, on August 1,1951• 0n August 1, 1952, and at any interest paying date thereafter, any bonds-of this issue not previously redeemed shall be sub- ject to redemption, in inverse numerical order, at par and accrued interest, out of any such surplus or other available tax collections or with mone12from any other source. In case the City shall desire to exercise such right of redemp- tion, notice of the call for redemption shall be published by the City Clerk once a week for two weeks before the date of such redemption, in a newspaper of general circulation pub- lished in the City of Little Rock, Arkansas, and having a gen- eral circulation throughout the State of Arkansas; and after the redemption date mentioned in said notice, the bond or bonds so called will cease to bear interest, provided funds for their payment are on deposit at that time. Section 5. If default is made for thirty days in the payment of any interest coupon, the holder of the bond to which it is attached may declare the same immediately due and payable. Section 6. In order to pay the said $1+33,000 prin- cipal amount of municipal auditorium 2% refunding bonds dated August 1, 1945, and the said $53,000 principal amount of mun- icipal auditorium bonds dated February 1, 1937, all as they mature, with interest thereon , there is hereby levied upon all real and personal property within the City of Little Rock, Arkansas, a tax of ninety -one and two - thirds hundredths (.91 -2/3) of a mill for each of the years 1946 to 1966, in- clusive, being a sum sufficient to meet said bonds and interest as they mature, with five per cent (5 %) added for unforeseen contingencies; and the City Clerk is directed to transmit a certified copy of this section of this ordinance to the County Clerk of Pulaski County, to the end that said taxes may be extended on the tax books of said county and collected annually along with the other taxes until the said bonds and interest thereon are paid in fall. Section 7. In order to pay the $,433,000 principal amount of refunding bonds herein authorized to be issued, there is hereby appropriated out of the proceeds of the tax herein - before levied, and if such proceeds be not sufficient, then out of the general revenues of the City, the sums to pay the prin- 33 cipal of and interest on the said bonds as they mature, accord- ing to the schedule of principal and interest maturities herein- before set out. The sums herein appropriated, and the sums appropriated by Ordinance 80. 5507 for the payment of principal of and inter- est an the said $53,000 of municipal auditorium bonds of the City dated February 1, 1937, shall be applied to the payment of the principal and interest of both series, equally and ratably, as they mature. Section 8. The Mayor and City Clerk are hereby au- thorized and directed promptly after the passage of this ordin- ance to execute and deliver the said $.433,000 principal amount of refunding bonds herein authorized to be issued to The Com- mercial National Bank, in Little Rock, Arkansas, Which is hereby authorized to authenticate and to exchange them, all at one time, for said $350,000 principal amount of municipal au- ditorium bonds of the City dated February 1, 1937, and num- bered from 119 to 1+68, inclusive, With all interest coupons maturing February 1, 1946 and subsequently attached. At the time of the exchange the said Bank shall pay the holder of said $350,000 principal amount of bonds exchanged the amount of accrued interest due thereon to the date of ex- change, less the accrued interest on the $ ,433,000 principal amount of refunding bonds. (The difference in the amount of interest Will be deposited With the Bank by the City Treasurer, as hereinafter directed in Section 9•) The said Bank shall cause to be marked "Refunded and Canceled" the outstanding bonds exchanged and the interest cou- pons thereto attached maturing February 1, 19,46 and subse- quently, and to deliver them to the City Clerk to be held by him subject to the further orders of the Council. Section 9. The City Treasurer is hereby authorized and directed to ascertain the amount of interest to be paid by 1J. the City to the holders of the outstanding bonds exchanged as provided in Section 8, and to deposit said amount out of the bond account pledged for the payment of the outstanding bonds to The Commercial National Bank, in Little Rock, Arkansas, for use in paying the said interest. Section 10. The holders of the refunding bonds herein author- ized. to be issued shall be subrogated to all the rights, title and in- terest of the holders of the bonds refunded. Section 11. The Treasurer of the City of Little Rock is hereby authorized and instructed to include a fee of ten cents (10¢) for each $100 par value of bonds, and twenty -five cents (250) for each $100 par value of coupons, to be paid with each remittance to the paying agent, The Commercial National Bank, in Little Rock, Arkansas, for principal or interest of the said $4.33,000 of refunding bonds of said City. Section 12. It is found and declared by the City Council of the City of Little Rock, Arkansas, that by the issuance of the refund- ing bonds herein authorized, the City will certainly save $10,340, and, by reason of the call feature which is not in the bonds which they are to refund, the City will probably save a substantial additional amount; that a delay in the taking effect of this ordinance and the delivery of said refunding bonds might render void the City's contract with the owner of the bonds to be refunded, and prevent the City from receiving said benefits of the refunding; that for said reasons it is hereby de- clared necessary, for the preservation of the public peace, health and safety, that this ordinance shall become effective without delay. An emergency, therefore, exists, and this ordinance shall take effect and be in force from and after its adoption. PASSED: September _k_, 1945. ATTEST: City Clerk APPROVED: or 15