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3219 RESOLUTION No. 3 ,219 A RESOLUTION FIXING THE TIME AND DATE FOR THE PUBLIC SALE OF WATER REVENUE BONDS , SERIES C; AUTHORIZING AND DIRECTING PUBLICATION OF NOTICE OF SALE IN SUBSTANTIALLY THE FORM APPROVED BY THIS RESOLUTION; AND PRESCRIBING OTHER MATTERS RELATING THERETO. WHEREAS the Waterworks Commission has requested the City of Little Rock, Arkansas (called "City") to proceed with the sale and delivery of $4,800, 000 in principal amount of Water Revenue Bonds , Series C, in order to obtain immediately needed funds for financing improvements to the Waterworks System; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of Little Rock, Arkansas: Section 1 . That the sale of $4,800,000 in principal amount of Water Revenue Bonds , Series C, is hereby authorized and directed to be held at 2 : 00 p.m. CST on October 21, 1964 and the City Manager be , and he is hereby, authorized and directed to publish notice of said sale in The Bond Buyer and in such other publications as he determines to be in the best interests of the City with said notice, which is made a part hereof, to be in substantially the following form: • NOTICE OF SALE $4,800,000 CITY OF LITTLE ROCK, ARKANSAS WATER REVENUE BONDS SERIES C The City of Little Rock, Arkansas (called "City") hereby gives notice that there will be sold on sealed bids at the time and place specified below a proposed issue of $4,800,000 Water Revenue Bonds, Series C (called "Series C Bonds") . The Series C Bonds will be dated August 1, 1964, interest thereon will be payable semiannually on February 1 and August 1 of each year, commencing February 1, 1965 and the bonds will mature on February 1 of each year as follows : YEAR AMOUNT 1966 $95, 000 1967 95,000 1968 100, 000 1969 105, 000 1970 110,000 1971 110,000 1972 115, 000 1973 120, 000 1974 125, 000 1975 125, 000 1976 130, 000 1977 135,000 1978 140, 000 1979 145, 000 1980 150,000 1981 155, 000 1982 160, 000 1983 165, 000 1984 175, 000 1985 180,000 1986 185,000 1987 190, 000 1988 200, 000 1989 205, 000 1990 210, 000 1991 220, 000 1992 225, 000 1993 235,000 1994 245, 000 1995 250,000 • Page 2 The Series C Bonds will be issued under and secured by and entitled to the protection given by a Trust Indenture dated February 1, 1964, duly executed and delivered by and between the City and Morgan Guaranty Trust Company of New York, Trustee, (herein called "Indenture") which Indenture contains provisions with respect to the custody and application of the proceeds of the Series C Bonds , the collection and distribution of revenues, the nature and extent of the security, and the rights, duties and obligations of the City and the Trustee and the rights of the holders and registered owners of the Series C Bonds . The Series C Bonds will rank on a parity of security with Series A Bonds in the aggregate principal amount of $3, 165,000, dated February 1, 1964 and heretofore issued and delivered, and Series B Bonds in the aggregate principal amount of $9, 797, 000, dated February 1, 1964, and heretofore issued and delivered, with all of said out- standing bonds being equally and ratably secured by the said Indenture, except as to the provisions thereof pertaining to the establishing and maintaining of a Debt Service Reserve for the Series A Bonds, which is to be maintained and used exclusively therefor, and the priority of call on available revenues to reimburse said Debt Service Reserve for the Series A Bonds in the event of expenditures therefrom, all as specified in detail in the Indenture. The Series C Bonds will not be general obligations of the City, but will be special obligations secured by a pledge of and payable from gross revenues derived from the operation of the Waterworks System. In this regard, the Series C Bonds are being issued for accomplishing Waterworks improvements, referred to in Page 3 the Indenture, and all conditions of the Indenture for the issuance of the Series C Bonds on a parity of security with the outstanding Series A Bonds and Series B Bonds , as aforesaid, have been, or, by the date of the delivery of the Series C Bonds , will have been fully complied with. The Trustee and Paying Agent will be Morgan Guaranty Trust Company of New York, Borough of Manhattan, City and State of New York, and the Alternate Paying Agent will be Union National Bank of Little Rock, Little Rock, Arkansas . All expenses of the issue, including without limitation, the fee of the Trustee for authenticating the bonds , the cost of printing the bonds and the fee of Smith, Williams , Friday & Bowen, Bond Counsel, Little Rock, Arkansas, upon whose approving opinion the bonds will be issued, will be paid by the City. The low bid will be the bid that results in the lowest net interest cost to the City to be determined by computing the aggregate interest cost to the City at the rate or rates bid from the date of the bonds to maturity and deducting therefrom any premium specified in the bid. Up to four different interest rates may be specified (this limitation shall not be applicable to the repeating of the same interest rate for different maturities) but all rates with maturities to which applicable must be set forth in the bid. The difference between the highest designated interest rate and the lowest designated interest rate must not exceed 2 l/270. Supplemental coupons will not be permitted and the bonds may not be converted. No contingent provisions may be included in any bid. No bid of less than par and accrued interest will be entertained. The City expressly reserves the right to reject any and all bids . Page 4 The Series C Bonds will be non-callable prior to February 1, 1973 . On and after February 1, 1973 the Series C Bonds will be callable for payment prior to maturity, at the option of the City, on any interest paying date from funds from any source at a price of the principal amount of the bonds being redeemed plus accrued interest to date of redemption and plus a premium as follows: 57 if redeemed February 1, 1973 or August 1, 1973 41% if redeemed February 1, 1974 or August 1, 1974 4% if redeemed February 1, 1975 or August 1, 1975 32% if redeemed February 1, 1976 or August 1, 1976 3% if redeemed February 1, 1977 or August 1, 1977 22% if redeemed February 1, 1978 or August 1, 1978 2% if redeemed February 1, 1979 or August 1, 1979 11% if redeemed February 1, 1980 or August 1, 1980 1% if redeemed February 1, 1981 or August 1, 1981 1% if redeemed February 1, 1982 or August 1, 1982 No premium if redeemed thereafter. Sealed bids will be received until 2 :00 o'clock p.m. , CST on October 21 , 1964 and each bid shall be enclosed in a sealed envelope,marked on the outside "Proposal for City of Little Rock, Arkansas Water Revenue Bonds of 1964, Series C" and addressed to Mr. Ancil Douthit, City Manager, City Hall, Little Rock, Arkansas . The bids will be opened at said time on said date in the regular meeting place of the Board of Directors in the City Hall, Little Rock, Arkansas . All bidders must file with their bid a certified or cashier ' s check in the amount of $96,000 payable to the City of Little Rock, Arkansas, which will be retained as liquidated damages if a bidder is awarded the sale of the bonds and fails to complete the purchase, otherwise to be applied to the purchase price of the bonds at the delivery thereof. Checks of unsuccessful bidders will be promptly returned. Interest will not be paid on good faith checks . Additional information may be Page 5 obtained from E. Jack Murphy, Director of Finance, City Hall, Little Rock, Arkansas, or to Messrs . Smith, Williams, Friday & Bowen, 11th Floor, Boyle Building, Little Rock, Arkansas . CITY OF LITTLE ROCK, ARKANSAS By City Manager • 1 1 • 1 • Section 2 . That the City Manager be, and he is hereby authorized, to take, or cause to be taken, such action as he shall determine to be in the best interests of the City in connection with giving notice to prospective bidders and distributing infor- mation necessary or desirable in obtaining the best possible bid. Section 3 . That this resolution shall be in full force and effect from and after its adoption. ADOPTED October 5 , 1964. APPROVED: Mayor ATTEST: City Clerk (SEAL) 4