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HomeMy WebLinkAbout18060ORDINANCE NO. 18,060 01 0 48 AN ORDINANCE PROVIDNG FOR THE ISSUANCE AND SALE OF AIRPORT REVENUE BONDS FOR THE PURPOSE OF FINANCING THE COSTS OF DESIGNING AND CONSTRUCTING PARKING, ROAD, ACCESS, TERMINAL AND OTHER RELATED IMPROVEMENTS; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL AND INTEREST ON THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF TWO SUPPLEMENTAL TRUST INDENTURES; AND PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY. WHEREAS, the Little Rock National Airport and its related properties and facilities (the "Airport") are being operated, managed, and maintained by the Little Rock Airport Commission (the "Commission "), which was created pursuant to Act No. 53 of the Acts of Arkansas of 1949, as amended, and Initiated Ordinance No. 8511 of the City of Little Rock, Arkansas (the "City "); and WHEREAS, the Commission has requested that the Board of Directors of the City (the "Board of Directors") authorize the sale and issuance of airport revenue bonds for the purposes of financing the costs of designing and constructing parking, road, access, terminal and other related improvements, establishing two Debt Service Reserve Funds and paying expenses and bond issuance costs incidental thereto; and WHEREAS, the Bonds will be issued in the total principal amount not exceeding $27,860,000, as two separate series, one tax - exempt in the amount of $24,730,000 (the "Series 1999A Bonds') and the other taxable in the amount of $3,130,000 (the "Series 1999B Bonds') (collectively, the "Bonds "), and NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the City of Little Rock Arkansas: Section 1: Under the Authority of the Constitution and laws of the State of Arkansas, including particularly Act No. 53 of the Acts of Arkansas of 1949, as amended, and Act No. 974 of the Acts of Arkansas of 1985, as amended, City of Little Rock, Arkansas, Airport Revenue Bonds (the "Bonds') are hereby authorized and ordered sold and issued in the total principal amount not to exceed $27,860,000. The Bonds shall not be general obligations of the City, but shall be special obligations payable solely from Airport revenues and certain other funds more specifically identified in a Master Trust Indenture dated as of October 1, 1994, as supplemented and amended by the Series 1999A Supplemental Indenture (identified hereinafter) and the Series 1999B Supplemental Indentured (identified hereinafter). Section 2: The issuance of the Bonds is hereby authorized for the purposes of (i) providing funds to finance a portion of the costs of designing and constructing certain Airport improvements, including, but not limited to, a parking deck, surface parking, a parking revenue 59393 -vi control system, a skybridge, roadways, a toll plaza, terminal building exparila terminal building modifications, a taxi plaza, rental car company offices, a ground transportation center and related improvements, and to pay all expenses properly incident to such improvements, (ii) to fund the Series 1999A Debt Service Reserve Subaccount, (iii) to fund the Series 1999B Debt Service Reserve Subaccount, and (iv) to pay the costs of issuance of the Bonds. The Bonds will mature, bear interest and be subject to redemption in accordance with the provisions of the Series 1999A Supplemental Indenture and the Series 1999B Supplemental Indenture. The Bonds will be issued on a parity of security with each other and all other bonds, if any, previously issued or to be issued under the Master Trust Indenture. Section 3: The Bonds shall be sold to A.G. Edwards & Sons, Inc., Sterne Agee & Leach, and M.R. Beal & Company (collectively the "Underwriters "). The Underwriters propose to purchase the Bonds pursuant to a bond purchase agreement in substantially the form submitted to the meeting at which this Ordinance is adopted (the "Bond Purchase Agreement "). All actions heretofore taken by the Mayor, City Clerk, and Director of Finance in connection with the offering of the Bonds, including the preparation and distribution of the Preliminary Official Statement, preparation of the Official Statement, and preparation of this Ordinance (the "Authorizing Ordinance ") are hereby in all respects ratified and approved. The Official Statement is deemed a final Official Statement for purposes of the Securities and Exchange Commission Rule 15c2 -12, The Official Statement of the City in the form presented at this meeting with such changes, omissions, insertions and revisions as the Mayor, City Clerk, and Director of Finance shall deem advisable is hereby authorized and approved and the Treasurer shall sign and deliver such final Official Statement to the Underwriters for distribution to the owners of the Bonds and other interested persons. Section 4: The appointment of Regions Bank, N.A., to serve as trustee for the Bonds is hereby approved (the "Trustee "). Section 5: To prescribe the terms and conditions upon which the tax - exempt Bonds are to be executed, issued, accepted, held and secured, the Mayor is hereby authorized and directed to execute and acknowledge a Series 1999A Supplemental Trust Indenture (the "Series 1999A Supplemental Indenture ") between the City and the 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 the City Clerk are hereby authorized and directed to cause the Series 1999A Supplemental Indenture to be accepted, executed and acknowledged by the Trustee. The Series 1999A Supplemental Indenture is hereby approved in substantially the form submitted to this meeting with such changes as shall be approved by such persons executing the document, their execution to constitute conclusive evidence of such approval. Section 6: To prescribe the terms and conditions upon which the taxable Bonds are to be executed, issued, accepted, held and secured, the Mayor is hereby authorized and directed to execute and acknowledge a Series 1999B Supplemental Trust Indenture (the "Series 1999B Supplemental Indenture") between the City and the 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 the City Clerk are hereby authorized and directed to cause the Series 1999B Supplemental Indenture to be accepted, executed and acknowledged by the 2 59393 -v1 Trustee. The Series 1999B Supplemental Indenture is hereby approved in substa4i9ly -the form submitted to this meeting with such changes as shall be approved by such persons executing the document, their execution to constitute conclusive evidence of such approval. The Series 1999A Supplemental Indenture and the Series 1999B Supplemental Indenture shall be referred to collectively as the "Indentures ") Section 7: The Mayor, the City Clerk, the Director of Finance and the Commission, for and on behalf of the City, are authorized and directed to do any and all things necessary to effect the execution and delivery of the Indentures, the performance of all obligations of the City under the Indentures, the issuance, execution, sale and delivery of the Bonds, and the performance of all acts of whatever nature necessary to effect and carry out the authority conferred by this Ordinance. The Mayor, City Clerk, the Director of Finance and the Commission are further authorized and directed, for and on behalf of the City, to execute all papers, documents, certificates and other instruments that may be required for the carrying out of such authority or to evidence the exercise thereof. Section 8: The appointment of Wright, Lindsey & Jennings LLP and Ivory Law Firm as Co -Bond Counsel is hereby approved and ratified. Section 9: It is hereby found and declared that an immediate need exists for the issuance of the Bonds in order to achieve the most cost effective financing for the City's Airport facilities. It is, therefore, declared that an emergency exists. 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. ADOPTED: July 20, 1999 ATTEST: <2 � ° �- Robbie Hancock, City Clerk APPROVED AS TO FORM: Tom Carpenter, City ttc rney 59393 -v1 �� Jim D a5 , Mayor 1=1i