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HomeMy WebLinkAbout16448350 ORDINANCE NO. 16, 4.48 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF HOTEL AND RESTAURANT GROSS RECEIPT TAx REFUNDING BONDS, SERIES 1993, BY THE CITY OF LITTLE ROCK, ARKANSAS FOR THE PURPOSE OF REFUNDING THE CITY'S OUTSTANDING HOTEL AND RESTAURANT GROSS RECEIPTS TAX BONDS (LITTLE ROCK CONVENTION CENTER REFUNDING), SERIFS 1986; AUTHORIZING SALE OF THE SERIES 1993 BONDS; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND PREMIUM, IF ANY, AND INTEREST ON THE SERIES 1993 BONDS; AUTHORIZING THE ADOPTION OF A RESOLUTION SUPPLEMENTAL HERETO TO ESTABLISH THE PRINCIPAL MATURITIES AND SINKING FUND REDEMPTIONS, INTEREST RATES, AND REOFFERING PRICES OF THE BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY. WHEREAS, the City of Little Rock, Arkansas (the "City"), owns convention facilities (the "Convention Facilities ") which are operated by the Advertising and Promotion Commission of the City (the "Commission ") pursuant to the Advertising and Promotion Commission Act, Arkansas Code Annotated (1987 & Supp. 1991) §§ 26 -75 -601 to -618, as amended (the "Act "); and WHEREAS, the City issued its Hotel and Restaurant Gross Receipts Tax Bonds (Little Rock Convention Center Refunding), Series 1986 (the "1986 Bonds "), under the authority of Ordinance No. 15,139 of the City duly adopted and passed July 29, 1986, as amended by Ordinance No. 15,154 of the City duly adopted and passed August 13, 1986, and approved by the qualified electors of the City at a special election held July 1, 1986, of which $28,075,000 principal amount is outstanding; and WHEREAS, the Commission has recommended to the Board of Directors of the City, and the Board of Directors has determined, that in order to achieve debt service savings it is in the best interest of the City to refund the outstanding 1986 Bonds; and WHEREAS, the City is authorized under the Act to issue and sell revenue bonds for the purpose of refunding the 1986 Bonds; and WHEREAS, to secure funds necessary (together with the moneys in the bond fund and bond reserve fund established and maintained for the 1986 Bonds) to refund the 1986 Bonds and to finance the printing, legal, underwriting, and other costs incidental to the issuance of revenue bonds for this purpose, the City has determined to issue refunding revenue bonds in an aggregate principal amount of $28,075,000 (the "Series 1993 Bonds "); and -1- oG r N M ✓• M M = M = M = = M =I 7 351 WHEREAS, the City has determined to issue the Series 1993 Bonds under and pursuant to a Trust Indenture to be dated as of August 1, 1993 (the "Indenture ") by and between the City and First Commercial Trust Company, National Association, as Trustee (the "Trustee "), a form of which has been presented to and is before this meeting; and WHEREAS, a form of Preliminary Official Statement (the Preliminary Official Statement ") offering the Series 1993 Bonds for sale has been presented to and is before this meeting. NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the City of Little Rock, Arkansas: Section 1. Refunding of 1986 Bonds Authorized. That the refunding of the 1986 Bonds be accomplished. The Mayor and City Clerk are hereby authorized to take or cause to be taken all action necessary to accomplish the refunding and to execute all required contracts and documents, including without limitation an Escrow Deposit Agreement providing for the defeasance of the 1986 Bonds and for their redemption on January 1, 1996. Section 2. Issuance and Sale of Series 1993 Bonds. That under the authority of the Constitution and laws of the State of Arkansas, including particularly the Act, City of Little Rock, Arkansas Hotel and Restaurant Gross Receipt Tax Refunding Bonds, Series 1993, are hereby authorized in the total principal amount of $28,075,000, the proceeds of the sale of which are necessary to provide sufficient funds, together with other funds available, to pay the cost of accomplishing the refunding of the 1986 Bonds, establish a debt service reserve for the Series 1993 Bonds, and pay the costs of issuing the Series 1993 Bonds. The Series 1993 Bonds shall be sold to T.J. Raney and Sons, a Division of Morgan Keegan and Company, Inc., and Lehman Brothers (the 'Purchasers ") pursuant to the terms and conditions of a Bond Purchase Agreement in substantially the form exhibited at this meeting, upon the terms and conditions set forth therein and to be set forth in the Resolution authorized in Section 6 hereof. The Mayor is hereby authorized to execute the Bond Purchase Agreement on behalf of the City, an executed copy of which shall be filed with the permanent records of the City. Section 3. Details of Series 1993 Bonds. That the Series 1993 Bonds shall be sold at the reoffering prices (not to exceed 120% of par), shall bear interest payable semiannually on February 1 and August 1 of each year, commencing February 1, 1994, at the rates (not to exceed 8% per annum), and shall mature or shall be subject to sinking fund redemption on August 1 of the years 1994 through 2015, inclusive, in the amounts, all as shall be set forth in the Resolution authorized in Section 6 hereof. Section 4. Preliminary Official Statement. That there is hereby authorized the preparation and distribution to various prospective and actual purchasers of the Series 1993 Bonds of the Preliminary Official Statement in substantially the form exhibited at this meeting, in the name of the City, describing the City, the Commission, the Convention -2- = = = = M = = M M = = = M = ✓• 352 Facilities, the Series 1993 Bonds, and the Indenture and setting forth such other information as may be determined to be necessary or desirable. Section S. Trust Indenture. That to prescribe the terms and conditions upon which the Series 1993 Bonds are to be executed, authenticated, issued, accepted, held, and secured, the Mayor is hereby authorized and directed to execute and acknowledge a Trust Indenture by and between the City and First Commercial Trust Company, National Association, as Trustee, and the City Clerk is hereby authorized and directed to execute and acknowledge the Indenture and to affix the seal of the City thereto, and the Mayor and City Clerk are hereby authorized and directed to cause the Indenture to be accepted, executed, and acknowledged by the Trustee. The Indenture is hereby approved in substantially the form submitted to this meeting, as supplemented by the Resolution authorized in Section 6 hereof, including, without limitation, the provisions of the Indenture pertaining to the maintenance of the City's Hotel and Restaurant Gross Receipts Tax at the rate of not less than 2 %, the operation of the Convention Facilities, the deposit and handling of revenues, and the terms of the Series 1993 Bonds. The Mayor is hereby authorized to confer with the Trustee and others in order to complete the Indenture and to execute and deliver the same on behalf of the City in substantially the form presented to this meeting, as supplemented by the Resolution authorized in Section 6 hereof, with such changes as shall be approved by him, his execution to constitute conclusive evidence of such approval. Section 6. Adoption of Resolution. That the City shall, by resolution supplemental hereto, to be adopted by the Board of Directors of the City prior to the issuance of the Series 1993 Bonds, establish the annual principal maturities and sinking fund redemptions, interest rates, and reoffering prices of the Bonds. Section 7. Execution and Delivery of Documents. That the Mayor and the City Clerk are hereby authorized and directed to do any and all things necessary to effect the execution and delivery of the Bond Purchase Agreement, the Indenture, the Escrow Deposit Agreement, and a Tax Regulatory Agreement providing for the exclusion of interest on the Bonds from federal income taxation, and the performance of all obligations of the City under each such agreement, the issuance, execution, sale, and delivery of the Series 1993 Bonds, the distribution of the Preliminary Official Statement, and the performance of all acts of whatever nature necessary to effect and carry out the authority conferred hereby. Section 8. Clerk to File Documents. That the City Clerk is hereby authorized and directed to file in the office of the City Clerk, as a part of the minutes of the meeting at which this Ordinance is adopted, for inspection by any interested person, a copy of the Bond Purchase Agreement, the Indenture, and the Preliminary Official Statement in the forms presented to the Board of Directors at this meeting. Section 9. Powers of Commission. That the powers and authority of the Commission under the Act and prior ordinances of the City and all actions of the Commission taken or -3- 353 to be taken thereunder with respect to the Series 1993 Bonds, are hereby ratified, confirmed, and continued. Section 10. No Rights Until Series 1993 Bonds Delivered. That this Ordinance shall not create any right of any kind and no right of any kind shall arise hereunder or pursuant hereto until the Series 1993 Bonds authorized by this Ordinance shall be issued and delivered. Section 11. Severability. 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 this Ordinance. Section 12. Conflicts Repealed. That all ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 13. Emergency. That it is hereby ascertained and declared that the refunding must be accomplished as soon as possible in order to lower the interest cost on obligations payable from revenues of the Hotel and Restaurant Gross Receipts Tax with the resulting saving being available for the City to operate and make improvements to the Convention Facilities adequate for the needs of the City and its inhabitants, without which the life, health, safety, and welfare thereof are jeopardized, and that the refunding can be accomplished only by the issuance of the Series 1993 Bonds. 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 enforced from and after its passage. Adopted July 6, 1993 ATTEST: City Clerk, Robbie Hancock (SEAL) APPROVED: Mayo Jim Dailev -4-