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HomeMy WebLinkAbout91124 -­4 ORDINANCE NO. 9112 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF BONDS BY THE CITY OF LITTLE ROCK, ARKANSAS, FOR THE PURPOSE OF ACQUIRING RIGHTS -OF -WAY FOR STREETS, BOULEVARDS, AND APPROACHES TO THE BROADWAY AND HAIN STREET BRIDGES IN THE CITY OF LITTLE ROCK. WHEREAS, by Ordinance No.9028 duly passed on the 29th day of September, 1952, there was submitted to the qualified electors of the City of Little Rock, Arkansas, the question whether it should issue $975,000 of bonds to bear interest at a rate or rates not to exceed three per cent (37) per annum for the purpose of acquiring rights -of -way for streets, boulevards, and approaches to the Broadway and Alain Street Bridges in the City of Little Rock; and WHEREAS, due notice of the election was given as required by law, and at said election 22054 votes were cast in favor of said bond issue, and only 6521 votes were cast against it; and WHEREAS, after due advertisement for the time and in the manner required by law, duly published in a newspaper having a bona fide circulation in the City of Little Rock, the said bonds were offered for sale on sealed bids at a meeting of the City Council in the Council Chambers at the City hall at 8:00 otglock P. Y., on the 26th day of January, 1953, and at said sale T. J. Raney & Sons and W. R. Stephens Investment Co., Inc., of Little Rock, Arkansas, bid and offered the price of 100 cents on the dollar and accrued interest, to the date of delivery, plus a premium of $3,554.00 for bonds bearing interest at the rate of 3% per annum through the year 1965, and for bonds bearing interest at the rate of 1-3/41/"0' per annum for the years from 1966 to 1969, inclusive, and this being the best bid,,said bonds were sold to T. J. Raney &a Sons and W. Stephens Investment Co., Inc. at that price; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK: Section 1. The A.ayor and City Clerk are hereby authorized and directed to execute the bonds of this City in the aggregate principal amount of $975,000, $659,000 bearing interest at the rate of -'Z three per centum (3 %) per annum and $316,000 bearing interest at the rate of one and three - fourths per centum (1 -3/4 %) per annum, in the denomination of $1,000 each, dated as of February 1, 1953, their numbers and maturities to be as follows, but subject to redemption before maturity as hereinafter set out: BOND NUMBERS (All-Inclusive) AMOUNT INTEREST RATE MATURITY February o 1 1- 59 $ 59,000 3 1956 60 -119 60,000 it 1957 120 -181 62,000 it 1958 182 -244 63,000 it 1959 245 -309 65,000 tt 1960 310 -375 66,000 tt 1961 376 -443 68,000 tt 1962 444 -513 70,000 tt 1963 514 -585 72,000 tt 1964 586 -659 74,000 it 1965 660 -735 76,000 1-3/4 1966 736 -813 78,000 tt 1967 814 -893 80,000 tt 1968 894 -975 82,000 tt 1969 form: Section 2. Said bonds shall be substantially in the following - 2 - UNITED STATES OF AMERICA STATE OF ARKANSAS COUNTY OF PULASKI CITY OF LITTLE ROCK 3% GENERAL OBLIGATION RIGHTS -OF -WAY STREET IMPROVEMENT BOND No. $ KNOW ALL ADEN BY THESE PRESENTS: That the City of Little Mock, in the County of Pulaski, State of Arkansas, acknowledges itself to owe, and for value received promises to pay to bearer, the sum of ONE THOUSAND DOLLARS in lawful money of the United States of America, on the first day of February, 19 , with interest thereon from the first day of February, 1953, at the rate of three per centum (30) per annum, payable on the first day of August, 1953, and semiannually thereafter on the first day of February and August of each year, on presentation and surrender of the annexed interest coupons as they severally mature. Both principal of and interest on this bond are hereby made payable at the office of The Peoples National Bank of Little Rock, in the City of Little Rock, and State of Arkansas. This is one of a series of nine hundred seventy -five (975) bonds, aggregating Nine Hundred Seventy Five Thousand Dollars ($975,000), all of like tenor and effect, except as to number, right of prior redemption, and maturity, numbered from 1 to 975, inclusive, issued for the purpose of acquiring rights -of -way for streets, boulevards, and approaches to the Broadway and ruin Street Bridges in the City of Little Rock, and the said City of Little Rock hereby covenants that in the issuing of this bond it has proceeded in accordance with the provisions of Amendment No. 13 to the Con- stitution of the State of Arkansas, and in accordance with the laws of said State, under ordinances of the City Council of said City, duly passed, and in pursuance of an election duly held at which the - 3 - . majority of the legal voters of said City voting at said election voted in favor of the issuance of said bonds; that all things necessary to the validity of this bond under the laws of the State of Arkansas, and particularly under said Amendment to 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 Constitutional Amendment, and made payable annually until the last of the principal of and interest on said bonds has been fully paid and discharged; and that the indebtedness represented 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 others of this issue and the interest thereon, the said City of Little Rock hereby pledges its full faith, credit and taxing power, including one (1) mill of the five mill tax authorized to be levied by said Amendment to the Constitution to be collected in the year 1953, and one and one -half (1 -1/2) mills to be collected in each of the years 1954 to 1968, inclusive, and levied by Ordinance No, of the City of Little Rock, passed and approved on the 26th day of January, 1953. The bonds of this series are subject to redemption before maturity, from time to time, at the option of the City, in inverse numerical order, in lawful money of the United States of America, at par and accrued interest, on any interest paying date on and after August 1, 1956, only out of any surplus tax collections, and on any interest paying date on and after August 1, 1958, out of said surplus or any available funds. Notice of the call for redemption shall be published by the City Clerk of the City 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 a general circulation throughout the State of Arkansas, and after the date mentioned in the call the bond or bonds so called will cease to bear interest, provided funds for their - 4 - payment are on deposit at that time. This bond shall not be valid until authenticated by the certificate hereon of The Peoples National Bank of Little:ock, Little �:ock, Arkansas. IN WITNESS WHEREOF, the City of Little Rock, in the State of Arkansas, 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 February, 1953. CITY Os' LITTLE 000.1 ARKANSAS By ATTEST: City Clerk (S E A L) Mayo r To each of said bonds are attached coupons for the semiannual interest in the following form: No. February, On the first day of 19 , the :ity of Little August, Rock, Arkansas, promises to pay to bearer Dollars, in lawful money of the United States of America, at the office of The Peoples National Bank of Little Rock, in the City of Little ock, Arkansas, being six monthst interest then due on its General Obligation Plights -of -Way Street Improvement Bond dated as of February 11 1953, and numbered ; unless the bond to which this coupon is attached is sooner called for payment. Mayor (The signature of the Mayor to the coupons attached to said bonds may be lithographed or engraved.) On the back of said bonds will appear the following: - 5 - C E R T I F I C A T E This is to certify that this is one of the nine hundred seventI- five (975) bonds of the issue mentioned and described within. THE PEOPLES NATIONAL BANK OF LITTLE :SOCK By Little Rock, Arkansas Section 3. If default is made for thirty (30) days in the pay- meat of any interest coupon, the holder of the bond to which it is at- tached may declare the same immediately due and payable. Section 4. In order to pay the bonds 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 one (1) mill for the year 1953, and a tax of one and one -half (1 -1/2) mills for each of the years 1954 to 1968, inclusive, being a sum sufficient to meet said bonds and interest as they mature, with more than five per cent 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 exten- ded 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 full. Surplus revenues derived from the said special tax levied for this bond issue in excess of the amount required to pay the principal of and inter- est on the bonds as they mature must be used to call the bonds of this issue prior to maturity at the times and in the manner provided herein for optional call. Section 5. For the prompt payment of the bonds of this issue, with interest, the City of Little hock hereby pledges its full faith, credit, and taxing power, including the tax levied in Section 4. Section 6. In order to pay the said bonds as they mature, there is hereby appropriated out of the proceeds of the tax herein levied, and if such proceeds be not sufficient, then out of the general revenues of the City, the following sums to pay the principal of and interest on the said bonds as they mature: - 6 - YEAR PRINCIPAL 3% INTEREST 1 -3/4% INTEREST TOTAL February 1 - August 1 February 1 - August 1 1953 $ $ $9885.00 $ 1954 25,300.00 9885.00 9885.00 1955 2765.00 9885.00 9885.00 1956 59,000 9885.00 9000.00 1957 60,000 9000.00 8100.00 1958 62,000 8100.00 7170.00 1959 63,000 7170.00 6225.00 1960 65,000 6225.00 5250.00 1961 662000 5250.00 4260.00 1962 682000 4260.00 3240.00 1963 70,000 3240.00 2190.00 1964 72,000 2190.00 1110.00 1965. 74,000 1110.00 1966 762000 1967 78,000 1968 80,000 1969 82,000 $2765.00 $12,650.00 2765.00 2765.00 25,300.00 2765.00 2765.00 25,300.00 2765.00 2765.00 83,415.00 2765.00 2765.00 82,630.00 2765.00 2765.00 822800.00 2765.00 2765.00 81,925.00 2765.00 2765.00 82,005.00 2765.00 2765.00 81,040.00 2765.00 2765.00 81,030.00 2765.00 2765.00 80,960.00 2765.00 2765.00 80,830.00 2765.00 2765.00 80,640.00 2765.00 2100.00 80,865.00 2100.00 1417.50 812517.50 1417.50 717.50 82,135.00 717.50 82,717.50 Section 7. The bonds of this series are subject to redemption before maturity, from time to time, at the option of the City, in inverse numerical order, in lawful money of the United States of America, at par and accrued interest, on any interest paying date, on and after August 1, 1956, only out of any surplus tax collections, and on any interest paying date on and after August 11 1958, out of said surplus or any available funds. Notice of the call for redemption shall be published by the City Clerk of the City once a week for two weeks before the date of such redemption in a newspaper of general - 7 - circulation published in the City of Little Rock, Arkansas, and having a general circulation throughout the State of Arkansas, and after the date mentioned in the call the bond or bonds so called will cease to bear interest, provided funds for their payment are on deposit at that time. Section 8. When the $975,000 of bonds herein authorized to be issued have been executed by the Mayor and City Clerk, and the seal of the City impressed, as herein provided, they shall be delivered to The Peoples National Bank of Little Rock, in Little Rock, Arkansas, which shall authenticate and deliver them to the purchasers, T. J. Raney & Sons and W. R.Stephens Investment Co., Inc., of Little Rock, Arkansas, upon payment in cash of the purchase price of $975,000, plus the premium of $3,554, and accrued interest to the date of delivery. The proceeds of the purchase price shall be used for no other purpose except for the purpose of ac- quiring rights -of -way for streets, boulevards, and approaches to the Broadway and Main Street bridges in the City of Little Rock, and for the expenses of the bond issue to be borne by the City. Section 9. It shall be the duty of the City Treasurer to deposit with The Peoples National Bank of Little Rock, in Little Rock, Arkansas, the paying agent, at least five (5) days before the maturity date of any bond orinterest coupon issued here- under, an amount from the funds herein appropriated equal to the amount of such bonds or coupons for the sole purpose of paying the same, together with the paying agent's fee of twelve and one -half cents (122) for each $100 par value of bonds and.a fee of twenty -five cents (25¢) for each $100 par value of coupons. Such deposit shall elr _, • '. be at the risk of the "ity and shall not operate as a payment of the bonds or coupons until so applied. Section 10. This Ordinance shall not create any right of any character, and no right of any character shall arise under or pur- suant to it, until the bonds authorized by this ordinance shall be issued and delivered. Section 11. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 12. It is ascertained and hereby declared that the streets in the down town area of the City of Little Rock and in and around the approaches to Broadway and main Street bridges are inadequate to meet the demands of traffic requirements, that the said areas are congested with traffic, and that on account thereof the safety of theinhabitants and their property is jeopar- dized, their health impaired, and their welfare endangered; and that the acquisition of rights -of -way for streets, boulevards, and approaches to the Broadway and ruin Street bridges is essential to the safety and health of said City. It is, therefore, declared that an emergency exists, and this Ordinance is necessary for the im- mediate preservation of the public health, peace, and safety, and the ordinance shall take effect from and after its passage. PASSED: February 2, 1953. ATTEST: ity Clerk APPROVED: ilayor M'Z