City Council

City Council of Jacksonville, Arkansas AGENDA Regular City Council Meeting May 7, 2015 7:00 p.m. 1. OPENING PRAYER: PAGE 2. ROLL CALL: 3. PRESENTATION OF Regular City Council Meeting MINUTES: April 16, 2015 4. APPROVALS AND/OR Regular City Council Meeting CORRECTION OF MINUTES: April 2, 2015 5. CONSENT AGENDA: Animal Control: Regular Monthly ReporVApril Public Works Director Jim Oakley 6. WATER DEPARTMENT: 7. WASTEWATER DEPARTMENT: 8. FIRE DEPARTMENT: 9. POLICE DEPARTMENT: DISCUSSION: Safe location for social transactions (Mayor Fletcher) 10. STREETDEPARTMENT: 11. SANITATION DEPARTMENT: 12. PARKS & REC. DEPT: 13. PLANNING COMMISSION: 14. GENERAL: a. SECOND READING ORDINANCE 1526 (#6-2015) Designating District Court Clerk as the official responsible for the collection of fines assessed (Mayor Fletcher) b. RESOLUTION 726 (#2-2015) Authorizing Mayor and City Clerk to enter into a revised Pagis Interlocal Agreement (Mayor Fletcher) 8 C. ORDINANCE 1527 (#07-2015) Revising franchise agreement with Windstream Conimunications (Mayor Fletcher) 9-11 City Council A G E N D A continued: May 7, 2015 GENERAL continued: d. ORDINANCE 1528 (#08-2015) Modifying of the JMC 93.08.004 Purchasing Manual adopting modifications to bidding, purchasing processes, and procedures (Mayor Fletcher) e. RESOLUTION 728 (#04-2015) Authorizing Mayor and City Council to proceed preliminarily with the issuance of $8,700,000.00 in revenue bonds (Mayor Fletcher) 15. APPOINTMENTS: 16. ANNOUNCEMENTS: ADJOURNMENT  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 16, 2015 7:00 P.M. - 7:07 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in regular session on April 16, 2015 at the regular meeting place of the City Council. Alderman Bolden delivered the invocation and Vice Mayor Elliott led a standing audience in the "Pledge of ~llegiance"to the flag. ROLL CALL: Aldermen: Bolden, Sansing, Ray, Mashburn, Traylor, and Twitty answered ROLL CALL. Vice Mayor Elliott also answered ROLL CALL declaring a quorum. Aldermen McCleary, Smith, and Howard were absent. Mayor Fletcher was also absent. PXESENT SIX (6),ABSENT (3). Others present for the meeting were: City Attorney Robert Bamburg, airector of Administration Jim Iurham, Finance Director Cheryl Erkel, Human Resource Director Jill Ross, City Engineer Jay Whisker, Public Works Director Jim Oakley, Parks and Recreation Director Kevin House, Police Chief Kenny Boyd, Fire Chief Alan Laughy, CDBG Director Theresa Watson, IT Director Scott Rothlisberger, Jennifer Martin, Patrick Thomas, Johnny Simpson, Sewer Commissioner Fred Belote, Civil Service Commissioner Harold Stringfellow, Mike Wilson, Floyd McMurtry, interested citizens, and members of the press. PRESENTATION OF MINUTES: Vice Mayor Elliott presented the minutes of the regular City Council meeting of April 2, 2015 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Bolden moved, seconded by Alderman Ray that the minutes of the regular City Council meeting of 19 March 2015 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Alderman Ray moved, seconded by Alderman Bolden to approve the regular monthly report for March 2015. PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 12 Building Tnspeztions 25 Business Licenses 11 Electrical 20 Plumbing 25 HVACR 16 REGULAR MONTH REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman Bolden to approve the regular monthly report for March 2015. ADOPTION FEES/FINES $1,525.00 CONTRIBUTIONS 50.00 TOTALS $1,575.00  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 16, 2015 7:00 P.M. - 7:07 P.M. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, s e c o n d e d b y Alderman Bolden t o a p p r o v e t h e R e g u l a r Monthly R e p o r t f o r March 2 0 1 5 r e g a r d i n g a n n u a l crime s t a t i s t i c a l comparisons. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman Bolden t o a p p r o v e t h e r e g u l a r monthly r e p o r t f o r March 2 0 1 5 from t h e Jacksonville F i r e Department, r e f l e c t i n g a f i r e l o s s of $5,370.00 and a s d v i n g s t o t a l o f $ 9 9 2 , 1 3 0 . 0 0 . ROLL CALL: Aldermen: Bolden, Sansing, Ray, Mashburn, Traylor, and Twitty voted AYE. MOTION CARRIED. WATER DEPARTMENT : WASTEWATER DEPARTMENTS: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: RESOLUTION 727 (#3-2015) A RESOLUTION EXPRESSING WILLINGNESS OF THE CITY OF JACKSONVILLE, ARKANSAS TO UTILIZE FEDERAL AID MONIES FOR PARTICIPATION IN THE 2015 TRANSPORTATION ALTERNATIVES PROGRAM PROJECT; AND, FOR OTHER PURPOSES. C i t y E n g i n e e r J a y Whisker e x p l a i n e d t h a t t h e C i t y h a s d e c i d e d t o p u t i n a s i d e w a l k a l o n g N o r t h F i r s t Street i n the T o n e y v i l l e a r e a f r o m Quince H i l l Road t o Wal-Mart on J o h n H a r d e n . He s t a t e d i t would b e p r i c e d a n d c o n s t r u c t e d on one s i d e a n d t h e n c o n s t r u c t e d on t h e o t h e r s i d e h a l f way down t o p r o v i d e s i d e w a l k a c c e s s t o t h e c o l l e g e . H e s t a t e d t h a t t h e goal i s p r o v i d e s i d e w a l k a c c e s s f o r p e d e s t r i a n t r a f f i c from t h e T o n e y v i l l e a r e a t o t h e c o l l e g e o r Wal-Mart. Alderman Ray moved, seconded by Alderman Bolden to read Resolution 727 (#3-2015). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 727 (#3-2015). Alderman Ray moved, seconded by Alderman Bolden to approve Resolution 727 (#3-2015) in its entirety. MOTION CARRIED. SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: ORDINANCE 1526 (#6-2015) AN ORDINANCE DESIGNATING THE DISTRICT COURT CLERK AS THE OFFICIAL RESPONSIBLE FOR THE COLLECTION OF FINES ASSESSED IN DISTRICT COURT FOR THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES.  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING April 16, 2015 7:00 P.M. - 7:07 P.M. Alderman Ray moved, seconded by Aiderman Sansing that Ordinance 1526 be placed on FIRST READING. City Attorney Bamburg related that Ordinance 1526 is more of a housekeeping measure. He stated that approximately five to seven years ago there were a number of law suits that involved inappropriate collections of court costs and fines. He then noted the City of Jacksonville was not involved however, because of that litigation there was a Statue passed that each municipality has to designate a particular person who is responsible for the collection of court cost and fines. He pointed out that the cities are designating their court clerks as the person responsible for collections. ROLL CALL: Alderman Boiden, Sansing, Ray, Mashburn, Traylor, and Twitty, voted AYE. NAY ( 0 ) . MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1526. Alderman Bolden moved, seconded by Alderman Traylor to APPROVE Ordinance 1526 on FIRST READING and suspend the rules and place Ordinance 1526 on SECOND READING. ROLL CALL: Alderman Bolden, Sansing, Ray, Mashburn, Traylor, and Twitty voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Barnburg read the heading of Ordinance 1526. Vice Mayor Elliott noted that Ordinance 1526 (#6-2015) would be placed on the next regularly scheduled City Council agenda for SECOND AEADING. APPOINTMENTS: SEWER COMMISSION APPOINTMENTS Alderman Bolden moved, seconded by Alderman Ray to approve the reappointment of Fred Belote for a term to expire 4/20/2020. MOTION CARRIED. ANNOUNCMENTS: Vice Mayor Elliott stated that Ray Greene has been the City Mechanic for 31 years and is retiring. There will be a retirement party for him at the BBQ Shack at 11:30 a.m. tomorrow for anyone that would like to attend. ADJOURNMENT: Without objection, Vice Mayor Elliott adjourned the meeting at approximately 7:07 p.m. MOTION CARRIED. Respectfully, Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer  CITY OF JACKSONVILLE ANIMAL SHELTER MONTHLY REPORT REPORTING PERIOD: AD~~I-15 OVERTIME HOURS PERFORMED  Jacksonville Animal Shelter April 2015 Bite Cases DECLARED DOG1 OWNER1 OWNER1 FAMILY1 MEDICAL RABIES I VICIOUS1 DATE CAT BREED NAME ADDRESS OTHER CARE VAC. CITY TAG DANGEROUS ACTION TAKEN1 COMMENTS The nerghboor was talking to Mr Slash The dog wanted to jump on the neighboor and b ~ t Neighboor : her on the leg The dog was In 04112115 DOG Terr~er Robert Slash 105 Oxford Cv Sandra Nlcoles YES YES YES NO quarantme for ren days 1 1 Mr Belew wanted to pet the cat and the cat blr hlm on the Resident: arm The cat was in quarantme 04/18/15 CAT DSH Stray Stray Bryston Belew NO N/A NIA NO for 10 days Her son was playng wlth the dog The dog jumped up and b ~ t Son : the son on hls Ilp The dog was 04120115 DOG Poodle Qu~nerteBurrett / 1406 S Eastern Jerarn~naBurrett YES YES YES NO In quarantine for ten days  ORDINANCE NO. 1526 (#06-2015) AN ORDINANCE DESIGNA TING THE DISTRICT COURT CLERKAS THE OFF'ICIAL RESPONSIBLE FOR THE COLLECTION OF FINESASSESSED I N DISTRICTCOURT FOR THE CI7YOF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. WHEREAS, ACA fj 16-13-709 provides that the City must designate an official primarily responsible for the collection of fines assessed in District Court for the City of Jacksonville, Arkansas; and, WHEREAS, the City Council finds it is appropriate to designate the District Court Clerk of the City of Jacksonville as the official responsible for the collection of fines assessed in the District Court for the City of Jacksonville, Arkansas. NOW, THEREFORE,BE I T ORDAINEDAND ENACTED BY THE CITYCOUNCIL OF THE CITY OF JACKSONVILLE, ARKA NSAS: SECTION ONE: The Jacksonville District Court Clerk is hereby designated as the person primarily responsible for the collection of fines assessed in the District Court for the City of Jacksonville, Arkansas. SECTION TWO: All Ordinances, parts of Ordinances, or previous actions taken by said Council in conflict herewith are hereby repealed to the extent of such conflict. SECTION THREE: This Ordinance shall take effect immediately upon passage and publication, as provided by and SI-~bject to the requirements of applicable law. APPROVED AND ADOPTED THIS 1 6 ~ DAY~OF APRIL, 2015. CITY OF JACKSONVILLE, ARKANSAS MAYOR GARY FLETCHER ORDINANCE NO. 1526 (#06 - 20151 Page Two ATTEST: SUSAN DAVIlT, CITY CLERK APPROVED AS TO FORM: ROBERT E. BAMBURG, CITY ATTORNEY  RESOLUTION NO. 726 (#2 2015) - A RESOLUTIONAUTHORIZING THE MA YORAND CITYCLERK TOENTER INTO A REVISED PULASKI AREA GEOGRAPHIC INFORMATION SYSTEM (PAGIS) INTERLOCAL AGREEMENT; AND FOR OTHER PURPOSES, ......................................................... ......................................................... WHEREAS, ACA 825-20-101, et seq., provides for interlocal cooperation agreements between various political subdivisions of the State of Arkansas; WHEREAS, on October 23, 2000, the City Council approved and authorized the Mayor and City Clerk t o execute an Interlocal Agreement to allow Jacksonville to become a member of the Pulaski Area Geographic Information System (PAGIS). Doing so has greatly benefited the City through access t o the information provided through Pulaski Area Geographic Information System; and, WHEREAS, strategic formation of a permanent PAGIS organization allows for the addition of other municipalities, and the City of Shenvood has requested to become a member. As a result, there is a need to revise the PAGIS Interlocal Agreement. NOW, THEREFORE, BE I T RESOLVED BY THE CITY COUNCIL OF THE C I W OF JACKSONVILLE, ARKANSAS, THAE SECTION ONE: The Mayor and City Clerk are hereby authorized to enter into a revised Pulaski Area Geographic Information System Interlocal Agreement (substantially similar to Exhibit "A" attached hereto) between the City of Jacksonville, City of Little Rock, Pulaski County, Jacksonville Water Works, Jacksonville Wastewater Utility, Central Arkansas Water, Little Rock Wastewater, and now the City of Sherwood. SECTION TWO: Any and all other Resolutions in conflict herewith are hereby repealed to the extent of said conflict. This Resolution shall be in effect from and after its date of passage. APPROVED AND ADOPTED THIS DA Y OF MA Y, 2015. CITY OF JACKSONVILLE, ARM NSAS GAR Y FLETCHER, MA YOR A TTESF SUSAN DA V m , CITY CLERK APPROVED AS TO FORM: ROBERT E. BAMBURG, CITY ATTORNEY  ORDINANCE NO, 1527 (#07 2015) - AN ORDINANCE REVISING THE FRANCHISE AGREEMENT FOR FIBER OPTIC CABLE, DA TA MANAGEMENT, DIGITAL INFORMATION SERVICES/ AND ELECTRONIC TRANSMISSON COMMUNICATIONS SERVICES WITHIN THE CITY WITH WINDSTREAM COMMUNICATIONS; AND/ FOR OTHER PURPOSES. Whereas, Windstream Communications, who has provided fiber optic cable and electronic transmission communication services to residents of Jacksonville since 2012, is willing to pay a franchise fee for the privilege of providing said services and utilizing public Rights-of-way. However, due to state and federal provisions, the parties wish to modify their non-exclusive Franchise to allow Windstream to provide fiber optic cable, data management, digital information services, electronic transmission communication services, and telecommunication services in the City pursuant to a revised Franchise Agreement with a revised Franchise Fee rate. NOW, THEREFORE,BE I T ORDAINED BY THE CITY COUNCIL OF THE C I W OFIACKSONVILLE,A R M NSAS, THAT: SECTION ONE: Through passage of Ordinance No. 1515 (#08-2014), Windstream Communications and its subsidiaries currently known as Windstream NuVox Arkansas, Inc., McLeodUSA Telecommunications Services, L.L.C., PaeTec Communications, Inc., Valor Telecommunications of Texas, L.L.C., Windstream Arkansas, L.L.C., and Windstream Communications, Inc., their successors or assigns, were hereby granted by City a non-exclusive right to construct, erect, operate, upgrade, and maintain along, across, above, in, over, under, upon, the public utility Rights-of-way, now laid out, dedicated, and all extensions thereof and additions thereto in the City, for purposes of installation, maintenance, and operation of a fiber optics cable and communications system for transmission to business and residential customers cable, communications, data, internet, networking services and systems, and telecommunication services, together with subscriber interaction required for the selection and use of such services. SECTION TWO: The Franchisee, Windstream Communications and its subsidiaries, agrees to pay City a Four and One-Quarter Percent (4.25 %) annual Franchise Fee since installation of their lines and equipment in City Rights of Way effective January 1,2012, and throughout the term of the franchise period in exchange for the use and benefit of City's Rights-of-way for their fiber optics, cable, digital communication, and networking and data management systems. Said payments shall be calculated based on all monies (Gross Revenues) received by Windstream from its fiber optics cable and Ordhance No 1527 (#07 - 2015) Page Two communications system for transmission to business and residential customers' cable, communications, data, internet, and networking services and systems, together with subscriber interaction required for the selection and use of such services within the City. SECTION THREE: The Franchisee, Windstream Communications and its subsidiaries, agrees to pay City a Four and 251100 Percent (4.25%) annual Franchise Fee since installation of their lines and equipment in City Rights of Way effective January 1, 2012, and through the term of the franchise period in exchange for the use and benefit of City's Rights-of-way for their telecommunication services. Said payments shall be calculated based on all monies (Gross Revenues) received by Windstream from its communications system for transmission to business and residential customers' telecommunications services and systems, together with subscriber interaction required for the selection and use of said services within the City. SECTION FOUR: The term of this franchise shall be for a period up to and including December 31, 2019, together with options to renew said franchise for Four (4) periods of Five (5) years each at the discretion of City and Windstream. This franchise may be renewed in accordance with proper procedures as contain in 47 USC 3 546, which is incorporated herein by reference, and the Mayor and City Clerk are hereby authorized to execute a Franchise Agreement containing like terms and conditions after approval of the City Attorney as to such form and terms. SECTION FIVE: All other terms and conditions as outlined in the parties' Franchise Agreement not specifically modified herein shall continue in full force and effect as if restated herein word for word. SECTION SIX: Should any section, clause, or provision of this Ordinance or the Franchise Agreement pursuant thereto be declared invalid by a Court of competent jurisdiction, such a ruling shall not affect the validity of the Ordinance as a whole or any part thereof, other than the part so declared invalid. SEmION SEVEN: This Ordinance shall take effect from after its date of passage, pursuant to and under the authority of applicable law. APPROVED AND ADOPTED THIS DA Y OF MA Y, 2015. Ordinance No 2527 (#07 - 2025) Page Three CITY OFIACKSONVILLE,ARKANSAS By: GAR Y FLETCHER, MA YOR --- - SUSAN L. DA VITT, CITY CLERK APPROVED AS TO FORM, ROBERT E BAMBURG, CITY A TTORNEY  ORDINANCE NO- 1528 (#08 - 2015) AN ORDINANCE MODIFYING OF THE JACKSONVILLE MUNICIPAL CODE g3.08.004 [PURCHASING MANUAL]; ADOPTING MODIFICA TIONS TO BIDDINGAND PURCHASING PROCESSESANDPROCEDURES; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. WHEREAS,amendments to Arkansas law and chan es in software provide for 8 the need to modify the City of Jacksonville's Purchasing anual; and, WHEREAS, the Jacksonville City Council has reviewed recommended changes to the Purchasing Manual and the new procedures proposed by the Finance Department. As a result, the Council said changes to be more efficient to meet the needs and requirements of the City's financial obligations. NOW THEREFORE BE I T ORDAINED AND ENACTED BY THE CITY COUNCIL d~ THE CITY d~JACKSONVILL E, ARKANSAS, THAT: JMC 5 3.08.004 (Purchasing Manual is hereby SECTION ONE: b modified to include the additions amendments, deletions, and modi cations as specified and attached hereto. dn~essspecifically amended by the attached, all other terms and provisions of the Purchasing Manual are hereby ratified. SECTION TWO: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION THREE: Due to the immediate benefit derived from the modification of existing purchasing practices and requirements, an emergenc is Y hereby declared. As a result, this Ordinance and its attachment shall be ~nef ect from and after the date of passage, subject to and as provided by applicable law. APPROVED AND ADOPTED THIS DA Y OF MA Y, 2015. CTY OF JACKSONVILLE, ARKANSAS GAR Y FLETCHER/ MA YOR A TTEST: APPROVED AS TO FORM: SUSAN DA V I T / C . CLERK ROBERT E BAMBURG, CITY A TORNEY  RESOLUTION NO. 728 (#04 - 2015) A RESOLUTION AUTHORIZING THE MAYOR AND C I W COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, I N COOPERATION WITH THE UNDERWRITER, TRUSTEe AND BOND COUNSEL, TO PROCEED WITH MA TTERS PRELIMINARY TO THE ISSUANCE OF APPROXIMATEL Y EIGHT MILLION SEVEN HUNDRED THOUSAND DOLLARS ($8,700,000.00) I N PRINCIPAL AMOUNT OF CAPITAL IMPROVEMENT CONSTRUCTION, EQUIPMENT; AND REFUNDING REVENUE BONDS, I N ONE OR MORE SERIES OF BONDS, TO FINANCE IMPROVEMENTS, CAPITAL EQUIPMENT BETTERMENTS, AND EXTENSIONS OF SERVICE TO THE CITIZENS OF THE C I W OF JACKSONVILLE, ARICQNSAS; TO REFUND CERTAIN OUTSTANDING DEBT OF THE CIW; TO PREPARE AND CIRCULATE A PRELIMINARY OFFICIAL STATEMENT AND RELA TED DOCUMENTS; DECU RING THE C I W S INTENTION TO REIMBURSE ITSELF FOR QUALIFYING EXPENDITURES FROM THE PROCEEDS OF THE BONDS; AND, PRESCRIBING OTHER MATTERS RELATING THERETO, WHEREAS, the City Council of the City of Jacksonville (the 'Council") has determined previously that it is in the best interest of the City of Jacksonville (the "City") to issue Capital Improvement Construction & Equipment Revenue Bonds (the "Construction Bonds") for the purpose of financing construction, capital equipment purchases, betterments, improvements and extensions to the services provided to the citizens of the City of Jacksonville, and to pay the costs of issuing the Revenue Bonds; WHEREAS, the City Council has also determined previously that it may be beneficial to refund certain outstanding short term debt of the City through the issuance of refunding bonds (the "Refunding Bonds," and together with the Construction Bonds, the "Bonds"), to refund the City's outstanding short term debt, and to pay the costs of issuing the Refunding Bonds; and, WHEREAS; in order to provide for the issuance and sale of the Bonds, the City Council has recommended authorization be granted for the planning, documentation, and marketing of the Bonds, to ratify the selections of Stephens Inc., as Underwriter, First Arkansas Bank & Trust, as Trustee, and Wright, Lindsey & Jennings LLP, as Bond Counsel, to provide for the preparation of a Preliminary Official Statement and other related documents, and to evidence its intention to reimburse itself for qualifying expenditures from the proceeds of the Bonds. RESOLUTION NO, 728(#04 - 2015) PAGE 2 NOW, THEREFORE, BE I T RESOLVED BY THE CITY COUNCIL OF THE CITY OFIACKSONVILLe A R M NSAS, AS FOLLOWS: SECTION ONE= Such preliminary actions as are determined to be necessary by the City are hereby authorized for the planning for, documentation and marketing of approximately Eight Million Seven Hundred Thousand Dollars ($8,700,000.00) in aggregate principal amount of Capital Improvement Construction and Refunding Revenue Bonds to finance construction, capital equipment, betterments, improvements and extensions to the services provided to the citizens of the City of Jacksonville, and to refund one or more issues of outstanding short term debt of the City in the approximate aggregate principal amount of Five Million Five Hundred Two Thousand Dollars ($5,502,000.00) to fund a debt service reserve account, and to pay the costs of issuing the Bonds. However, at such time as the Mayor and City Council shall determine to be in the best interests of the City, the final terms of the sale of the Bonds shall be submitted for the approval by the City Council of the City, together with the proposed forms of the documents necessary to the issuance of the Bonds including, without limitation, the Bond Purchase Agreement, the authorizing Ordinance, and such other documents, agreements, contracts, certificates, and other writings as may be appropriate. SECTION TWO: The preparation of a Preliminary Official Statement and its distribution to prospective purchasers of the Bonds are hereby approved. The Mayor is hereby authorized and directed to cause the Preliminary Official Statement to be delivered for and in the name of the City, with such provisions therein as shall be approved by the Mayor, who is authorized to execute and deliver to the Underwriters a certificate, when requested by the Underwriters, to the effect that the Preliminary Official Statement is deemed final for the purposes of Securities and Exchange Commission Rule 15~2-12. SECTION THREE: The City Council authorizes the sum of not to exceed Eight Million Seven Hundred Thousand Dollars ($8,700,000.00) (the "Expenditures") from funds available to the City for the purpose of accomplishing the construction, capital equipment, betterments, improvements and extensions to the services provided to the citizens of the City of Jacksonville, to refund one or more outstanding issues of short term debt of the City in the approximate outstanding aggregate principal amount of Five Million Five Hundred Two Thousand Dollars ($5,502,000.00) to fund a debt service reserve account, and to pay the costs of issuance of the Bonds. RESOLUTION NO. 728 (#04 - 2015) PAGE 3 The City Council hereby declares its intent to reimburse itself with those funds available to the City for the Expenditures from the proceeds of its Bonds, and, further, declares as follows: (a) Proceeds of the Bonds will be applied to reimburse the City and those funds available to the City for the Expenditures within Eighteen (18) months after the later of: (a) the date of the Expenditures; or, (b) the date on which the Improvements are placed in service and, in any event, within Three (3) years after the date of the making of the Expenditures; (b) The City is aware of no reason which would cause it to expect that the Expenditures would be reimbursed from any source other than proceeds of the Bonds; (c) The City is aware of no reason which would cause it to believe that a substantial portion of the Expenditures will not be reimbursed from the proceeds of the Bonds; (d) The City is aware of nothing in the budget or financial circumstances of the City or funds of the City which is inconsistent with the intent and declaration of the City to finance the Expenditures with the Bonds. The City is aware of no reason to expect that funds other than proceeds of the Bonds will be reserved or allocated on a long-term basis or otherwise set aside for the Expenditures pursuant to budgetary or financial policies of the City; (e) The Bonds will be issued in the principal amount of approximately Eight Million Seven Hundred Thousand Dollars ($8,700,000.00); (f) The Expenditures will be "capital expenditures" within the meaning of applicable Treasury Reg~~lations or will constitute a portion of the costs of issuance of the Bonds; and (g) This Resolution shall constitute an "official intent" under United States Treasury Regulation Section 1.150-2 for the reimbursement from proceeds of the Bonds for expenditures made by the City prior to the date the Bonds are issued for the purpose set forth herein. SECTION FOUR: The City Council hereby approves and ratifies the selections of Stephens Inc., as Underwriter, First Arkansas Bank & Trust as Trustee, and Wright, Lindsey & Jennings LLP, as Bond Co~~nsel. SECTION FIVE: The City Council hereby authorizes and directs the Mayor, the City Clerk, and other officers and employees of the City to carry out or cause to be carried out all appropriate actions, to execute such other certificates or documents to evidence authority as authorized herein, and to take such other actions as they, in consultation with Bond Counsel, shall consider necessary or advisable in connection with this Resolution in order to prepare for the issuance, marketing, sale and delivery of the Bonds. RESOLUTION M A 728 (#04 - 2015) PAGE 4 SECTION SIX: This Resolution shall be effective from and after the date of its adoption. APPROVED AND ADOPTED THIS DAY OF MAY, 2015. CITY OF JACKSONVILLE, ARKANSAS GARY FLETCHER, MAYOR ATTEST: SUSAN DAVITT, CITY CLERK APPROVED AS TO FORM: ROBERT E. BAMBURG, CITY ATORNEY