City Council
Regular MeetingJacksonville, AR · August 6, 2015
Agenda
City Council of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
August 6, 2015 7:00 p.m.
1. OPENING PRAYER: PAGE
2. ROLL CALL:
3. PRESENTATION OF Regular City Council Meeting
MINUTES: July 16, 2015 1-5
4. APPROVALS AND/OR Regular City Council Meeting
CORRECTION OF MINUTES: June 18,2015
5. CONSENT AGENDA:
Engineering Department: Regular Monthly ReportJJuly
City Engineer Jay Whisker
6. WATER DEPARTMENT:
7. WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9. POLICE DEPARTMENT: PRESENTATION: Website Data
(Mayor Fletcher)
10. STREET DEPARTMENT: BID: 201 5 Asphalt Overlay
(Mayor Fletcher)
11. SANITATION DEPARTMENT:
12. PARKS & REC. DEPT:
13. PLANNING COWIWIISSION:
14. GENERAL: a. PLlBLlC HEARING
ORDINANCE 1532 (#12-2015)
Providing for issuance and sale of
Capital lmprovement and Refunding
Revenue Bonds regarding refunding
outstanding obligations; funding
acquisition and equipping various
Capital Improvement (Mayor Fletcher) 8-14
(available at meeting)
b. DISCUSSION: Privilege Tax
Amendments (Mayor Fletcher)
c. DISCUSSION: 5-Year Plan
Presented by CDBG
(Mayor Fletcher)
15. APPOINTMENTS:
16. ANNOUNCEMENTS:
ADJOURNMENT
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 16, 2015
7:00 P.M. - 7:26 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 July 16, 2015 at the regular meeting place of the City
Council. Alderman Bolden delivered the invocation, following a moment of
silence observing the deaths of four US Marines today. Ryan and Reese
Woods from Troop 170 led a standing audience in the "Pledge of
Allegiance" to the flag.
ROLL CALL: Aldermen: Elliott, Bolden, Sansing, Mashburn, Traylor, Twitty,
Smith, and Howard answered ROLL CALL. Mayor Fletcher also answered ROLL
CALL declaring a quorum. Alderman McCleary arrived at approximately 7:04
p.m. PRESENT NINE (9), ABSENT (1).
Others present for the meeting were: City Attorney Robert Bamburg,
Director of Administration Jim Durham, 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, 911 Director Tabby Hughes, Water
Commission Chairman Jim Peacock, Fire Chief Administrative Assistant
Lynette Culpepper, Planning Commissioner Jim Moore, Patrick Thomas, Jeff
Twitty, Jennifer Martin, Johnny Simpson, and interested citizens, and
members of the press.
PRESENTATION OF MINUTES:
Mayor Fletcher presented the minutes of the regular City Council meeting
of June 18, 2015 for approval and/or correction at the next regularly
scheduled City Council meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Howard moved, seconded by Alderman Twitty that the minutes of
the regular City Council meeting of 21 May 2015 be APPROVED. MOTION
CARRIED .
CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Sansing moved, seconded by Alderman Mashburn to approve the
Regular Monthly Report for June 2015 regarding annual crime statistical
comparisons.
Code Enforcement for June 2015
Assigned Calls 158
Self-Initiated Calls 595
Follow ups 524 Basketball Goals
Meetings/Court Hearings 8 Structures Inspected 7
Citations/Warnings Issued 18 Rental properties Inspected 49
Notices/Letters Written 6 Properties Red Tagged 0
Vehicles Tagged i Search Warrants Served 0
Vehicles Towed 0 Structures Rehabbed 0
Lots posted 34 Structures Condemned 0
CITY O F JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 16, 2015
7:00 P.M. - 7:26 P.M.
Signs removed 70 Houses Demolished by City 0
Trash cans tagged 2 Houses Demolished by Owner 0
Parking Violations 18
Grass Letters 48
Grass Mowed 47
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Sansing moved, seconded by Alderman Mashburn to approve the
regular monthly report for June 2015 from the Jacksonville Fire Department,
reflecting a fire loss of $34,500.00 and a savings total of $959,000.00.
REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT
Alderman Sansing moved, seconded by Alderman Mashburn to approve the
regular monthly report for June 2015.
PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED
Building Permits 17 Building Inspections 22
Business Licenses 8 Electrical 31
Plumbing 26
HVACR 18
REGULAR MONTH REPORT/ANIMAL CONTROL
Alderman Sansing moved, seconded by Alderman Mashburn to approve the
regular monthly report for June 2015.
ADOPTION FEES/FINES $975.00
CONTRIBUTIONS 15.00
TOTALS $990.00
ROLL CALL: Aldermen: Elliott, Bolden, Sansing, Mashburn, Traylor, Twitty,
Smith and Howard voted AYE. MOTION CARRIED.
WATER DEPARTMENT: RESOLUTION 730 (#06-2015)
A RESOLUTION APPROVING AND GRANTING AUTHORIZATION T O MAYOR FLETCHER AND
OFFICIALS O F THE JACKSONVILLE WATER COMMISSION FOR APPROVAL OF CERTAIN
EASEMENTS AND USE AGREEMENTS AFFECTING CERTAIN PORTIONS OF PROPERTY OWNED
B Y THE CITY O F JACKSONVILLE, ARKANSAS I N FAVOR OF MAGELLAN PIPELINE
COMPANY, L.P. ; AND, FOR OTHER PURPOSES.
City Attorney Bamburg explained that Resolution 730 is similar to one
adopted by the Water Commission. He related that Magellan Pipeline
Company, L. P. is constructing a new pipeline to transport petroleum
products, which will include use by the Little Rock Air Force Base. He
explained that Magellan needed some easements and use agreements,
referencing a bullet points agreement that details what the City and
Water Department will receive. He stated that negations were worked
regarding easements and use agreements, outlining that the Water
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 16, 2015
7:00 P.M. - 7:26 P.M.
Department area affected is the McCain Road Well Field and City will be
affected regarding an easement that would run adjacent to the old Rogers
Road Landfill on Graham Road across from the Shooting Range. He
emphasized that there would be no disturbance of the Landfill. He also
noted that the pipeline was rerouted to avoid going onto the Landfill.
He noted that the pipeline will run from Fort Smith through Arkansas,
adding that Jacksonville is a small part of the process toward the end to
connect to the Air Base.
He then answered Alderman Traylor, that the pipeline has other purposes
for running the petroleum products, adding that it will serve the Air
Base in the process. He stated that a leg will run from the main pipeline
to the Air Base.
Mr. Bob Jackson of Magellan Pipeline related product to the Air Base
would be delivered across City property, using a pipeline owned by
Enterprise that originates by a tank. He explained that they would
interconnect with the tank delivering the product and then it would be
pumped to the Air Base.
City Attorney Bamburg then clarified that there are easements through the
State to get the pipeline to Jacksonville.
Mr. Jackson then explained that a new pipeline would be constructed from
Fort Smit-h t-o a location east of Fort Smith where they will interconnect
with an existing pipeline that will be repaired and repurposed from gas
to oil in order to get the pipeline from the east to the west side of
Jacksonville. He then explained the exact route the pipeline would take
coming into Jacksonville including a new pipeline from Searcy to Little
Rock.
Alderman Traylor moved, seconded by Alderman Twitty to read Resolution
730 (#I-2015) . MOTION CARRIED. Whereupon City Attorney Bamburg read the
heading of Resolution 730 (#I-2015).
Alderman Sansing moved, seconded by Alderman Elliott to approve
Resolution 730 (#I-2015) in its entirety. MOTION CARRIED.
WASTEWATER DEPARTMENTS:
FIRE DEPARTMENT: Fire Department Book authored by Alderman Barbara
Mashburn
Alderman Mashburn and Fire Chief Laughy presented Mayor Fletcher with a
copy of the newly released Fire Department Book.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 16, 2015
7:00 P.M. - 7:26 P.M.
Chief Laughy stated that the book was authored by Alderman Mashburn,
adding that in the last 24 months, Alderman Mashburn has contributed
greatly to the City. He noted that she organized the Firefighter and
Police Memorial, and is heading up the Historical District for
Jacksonville which will help the City qualify for grants.
He then explained that the Fire Department Book was a project Alderman
Mashburn decided to undertake as a fund raiser for the Fire Department.
He related that the book consist of information from the historical log
books spanning from 1947 to 1969, adding that it is the first of two or
three books that are being planned.
Mayor Fletcher was presented with a copy of the book in respect of his
support to the Fire Department.
Alderman Mashburn announced that the books would be available in stores
starting in August.
POLICE DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION:
GENERAL: ADDITION TO THE AGENDA: Waste Management Recycling Advantage
Program
Mayor Fletcher introduced a special guest, Ms. Carol Bevis from the
Pulaski County Solid Waste Board.
Ms. Bevis related that the District Board voted to impiement a new
incentive recycling program for Pulaski County. She noted that the
program is called Recycle Advantage, which is a bonus club. She stated
that the program was initiated to make people more aware of recycling and
understand the importance of recycling. She stated that as a bonus,
prizes are given away. She explained that there are weekly and a monthly
prize. She stated that anyone 18 years or older living in Pulaski County
can register on their website at RegionalRecycling.org under Recycle
Advantage.
She noted that in the fall they will implement a school program for all
the schools in Pulaski County, who wil.? be able to join the incentive
program. She explained that the schools can get help with their
recycling and win prizes. She related that students are being taught
about recycling and its importance regarding the environment.
She explained businesses that contribute and donate to the incentive
program will be promoted and gain exposure. She noted that the
businesses that contribute will have ads on their website and will be
recognized in the local newspapers. She then added that the Mayors and
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 16, 2015
7:00 P.M. - 7:26 P.M.
County Judges will have magnets that say "Recycle Patrol" to apply to
their vehicles. She explained that they will award $50.00 dollar prizes
for people they have observed recycling. She stated that this program is
a way to encourage and increase recycling.
She suggested that she be able to come back to City Council and offer an
update regarding the school program in a few months.
The City Council viewed two television ads that are being used through
various media outlets to promote the Recycle Advantage Bonus Club.
She held a ticket drawing to award various prizes to the audience and
City Council. She noted that a recent prize awarded on television was a
14 person luncheon at Marlsgate plantation won by a Jacksonville citizen,
Ralph Dove. She also noted that their first large prize giveaway was a
gas grill that was also won by a Jacksonville resident. She stated that
of the three large prizes awarded, two were Jacksonville residents.
Mayor Fletcher recognized long time advocate of recycling and
beautification volunteer, Ron Newport who passed away and funeral
services were held this past Sunday. He stated that even when he knew he
was dying, he continued working to beautify Jacksonville, adding that Ron
was responsible for starting "Keep Jacksonville Beautiful". He then
related that Ron was also involved in seeing that the Recycling Park was
brought to fruition, noting that last year the Park was formally named
"The Ron Newport Recycling Center". He stated that Ron was a citizen who
found a passion in his community and got involved, adding that Ron will
be remembered for many things. He then noted that Ron was responsible
for both eagle statues in front of City Hall and the Police Department.
He stated that volunteers such as Ron need to be recognized for their
contributions to their community.
APPOINTMENTS :
ANNOUNCMENTS:
ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at
approximately 7:26 p.m. MOTION CARRIED.
Respectfully,
Susan L. Davitt GARY FLETCHER
City Clerk-Treasurer
CITY OF JACKSONVILLE
To: Mayor Fletcher, Jacksonville City Council
From: Engineering Department
Please find below the consent agenda for the Engineering Department
ENGINEERING REPORT FOR JULY 2015
PERMlTSlLlCENSE ISSUED
Building Permits 19
Business License 10
INSPECTIONS PERFORMED
Building Inspections 29
Electrical 24
Plumbing 27
HVACR 13
CITY OF JACKSONVILLE
BID TABULATION SHEET
PROJECT NAME: 201 5 ASPHALT OVERLAY PROGRAM
BID NUMBER: JAX-15-003
DEPT: STREET DATE: 7/20/2015 TIME: 10:OOam
TABULATED BY: CE OPENED BY: Mayor Fletcher
ORDINANCE NO, $532 (#12-2015)
AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF CAPITAL
IMPROVEMENT AND REFUNDING REVENUE BONDS FOR THE PURPOSES OF
REFUNDING CERTAIN OUISTANDING OBLIGA TIONS OF THE CITY; FUNDING
THE ACQUISITION AND EQUIPPING OF VARIOUS CAPITAL I W R O VEMENTS
AND OTHER RELATED IMPROVEMENTS I N THE CITY OF JACKSONVILLE,
ARKANSAS; PROVIDING FOR THE PA YMENT OF THE PRINCIPAL OF AND
INTEREST ON THE BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF
A TRUST INDENTURE PRESCRISING OTHER MA 7TERS RELA TING THERETO;
AND DECLARINGAN ENERGENCY.
WHEREAS, the City of Jacksonville, Arkansas (the "City''), acting by and through
the City Council of the City (the \\Council''), has deterniined that it will be advantageous to
the City and will improve the City's flow of funds and enhance the City's ability to meet its
obligations from fl~ndsavailable to the City, to currently refund certain outstanding
obligations of the City previously authorized pursuant to Amendment 78 to the
Constitution of the State of Arkansas and ACA J€ 14-78-101, e t seq., including the
following: a loan to the City from First Arkansas Bank & Trust in the original principal
amount of Three Million One Hundred Thousand Dollars ($3,100,000.00) evidenced by
that certain Promissory Note dated June 29, 2012, and authorized by Ordinance No. 1448
(#lo-2012) of the City approved June 28, 2012; a loan to the City from BancorpSouth in
the original principal amount of Three Million Dollars ($3,000,000.00) evidenced by that
certain Promissory Note dated February 11, 2013, and authorized by Ordinance No. 1472
(#03-2013) of the City approved February 7, 2013; and, certain short term obligations of
the City to IYotorola Solutions, Inc. in the amount of Two Million Six Hundred Eleven
Thousand Four Hundred Thirty-four and 681100 Dollars ($2,611,434.68) dated January
20, 2014, as initially authorized pursuant to Ordinance No. 1438 (#26-2011) approved
December 15, 2011, as amended and restated by Ordinance No. 1508 (#01-2014),
approved January 2, 2014, (together the "Obligations to be Refunded").
WHEREAS, the City has determined the need for acq~~iring,constructing,
equipping, renovating, expanding and refurbishing certain capital improvements to
benefit the citizens of the City including, rehabilitation of the Central Fire Station, the
purchase of a new ladder truck and two additional fire trucks; replacement of playground
equipment for City Parks and Recreation; roundabout construction at General Samuels
and Harris Roads; rehabilitation of "Splash ZoneU(City Water Activity Park); replacenient
of exercise equipment at the Community Center; and for related purposes (together, the
"Capital Improvements1'), and for other purposes;
Ordinance No. 1532 (#12-2025)
Page TWO
WHEREAS, the City is authorized and empowered under the laws of the State of
Arkansas, including particularly ACA Ej 14-164-401 et, al., as amended (the "Act"), to
issue revenue bonds for the purpose of refunding the Obligations to be Refunded and
financing the Capital Improvements;
WHEREAS, in order to provide for the refunding of the Obligations to be
Refunded and to finance the Capital Improvements, the City intends to issue its Capital
Improvement and Refunding Revenue Bonds, Series 2015 (the "Series 2015 Bonds") in
an aggregate principal amount of Eight lvlillion Eight Hundred Fifteen Thousand and
No/lOO Dollars ($8,815,000.00) pursuant to the provisions of the Act and the Trust
Indenture hereinafter described (the "Indenture"); and,
WHEREAS, the City will pledge its franchise fees charged to public utilities for the
privilege of using the City's streets and rights-of-way pursuant to the authority contained
in ACA Ej 14-200-101 et. al. as more specifically defined hereinafter, to secure the
payment of the principal of and interest on the Series 2015 Bonds.
NOW, THEREFORE, BE I T ORDAINED BY THE CITY COUNCIL OF THE
CIN OF JACKSON V I L L ~ARRKANSAS,THA r:
SECZIONONE: The accomplishment of the current refunding of the
Obligations to be Refunded, and the acquiring, constructing, equipping, renovating and
refurbishing the Capital Improvements, are hereby authorized and approved.
SECTION TWO: Under the authority of the Constitution and laws of the State
of Arkansas, including particularly ACA Ej 14-164-401 et. al., the Series 2015 Bonds are
hereby authorized and ordered sold and issued in the total principal amount of Eight
Million Eight Hundred Fifteen Thousand and No/100 Dollars ($8,815,000.00). The Series
2015 Bonds shall bear interest, and shall mature and be subject to redemption in the
amounts and on the dates set forth in Addendum A attached hereto and made a part
hereof. The Bonds shall not be general obligations of the City, but shall be special
obligations payable solely from revenues received by the City from all franchise fees
charged to public utilities for the privilege of using the City's streets and rights-of-way
pursuant to the authority contained in ACA fj 14-200-101 et. al., specifically including, but
not liniited to, all interest, profits or other income derived from the investment of any
moneys held pursuant to the Indenture and required to be paid into the Revenue Fund
(collecl:ively, the "Pledged Revenues"). Pledged Revenues not needed to pay debt
service on the Series 2015 Bonds may be released from the lien of the Indenture
(hereinafter defined) and used by the City for any lawful purpose, at the times and in the
manner provided in the Indenture.
Ordinance No. 1532 (#12-2015)
Page Three
SECTION THREE: The issuance of the Series 2015 Bonds is hereby authorized
for the purposes of: (i) providing funds to currently refund the Obligations to be
Refunded; (ii) providing funds to finance the costs of the Capital Improvements; (iii) to
fund the Series 2015 Debt Service Reserve Fund (as defined in the Indenture); and, (iv)
to pay the costs of issuance of the Series 2015 Bonds, including payment of the premium
for a debt service reserve insurance policy. The Series 2015 Bonds will be subject to
redemption in accordance with the provisions of the Indenture.
SECTIONFOUR: The Series 2015 Bonds shall be sold to Stephens, Inc. (the
"Underwriter") pursuant to a Bond Purchase Agreement in substantially the form
s~~bmitted to the nieeting at which this Ordinance is adopted (the "Bond Purchase
Agreement"), with such clianges, omissions, insertions, and revisions as the Mayor and
City Clerk, with the advice of counsel, shall deem advisable, the execution and delivery by
the Mayor of such Bond Purchase Agreement to constitute conclusive evidence of the
City's acceptance and approval thereof. All actions heretofore taken by the Mayor and
City Clerk in connection with the offering of the Series 2015 Bonds, including the
preparation of the Preliminary Official Statement, preparation of the Indenture, and
preparation of this Ordinance (the "Authorizing Ordinance") are hereby in all respects
ratified and approved. The Mayor is hereby authorized and directed to take such action,
at such time, with respect to the Preliminary Official Statement as is necessary to cause
the Preliminary Official Statement to be deemed final for purposes of the Securities and
Exchange Commission, Rule 15(c)2-12. The Preliminary 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 Finance Director with the advice of counsel, shall
deem advisable, is hereby authorized and approved and the Mayor or Finance Director
shall sign and deliver the final Official Statement for distribution to the owners of the
Bonds and other interested persons.
SECTION FIVE: First Arkansas Bank & Trust Conipany, Jacksonville,
Arkansas, is hereby appointed to serve as Trustee for the Series 2015 Bonds (the
"Trustee").
SECTIOIV SIX= To prescribe the terms and conditions upon which the Bonds
are to be executed, accepted, held and secured, the Mayor is hereby authorized and
directed to execute a Trust Indenture, dated as of September 1, 2015 (the "Indenture"),
by and between the City and the Trustee, and the City Clerk is hereby authorized and
directed to 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
Ordinance No. 3532 (#22-2085)
Page sour
approved in substantially the form submitted to this meeting, with such changes,
oniissions, insertions, and revisions as the Mayor and City Clerk, with the advice of
counsel, shall deem advisable, the execution and delivery by the Mayor and City Clerk of
such Indenture to constitute conclusive evidence of the City's acceptance and approval
thereof.
SECTION SEVEN: To meet the requirements of the Debt Service Reserve Fund
created pursuant to the provisions of the Indenture, the City has received a "M~~nicipal
Bond Debt Service Reserve Insurance Commitment (Stand Alone)" issued by Build
America IYutual Assurance Company ("BAM") in the amount of not to exceed Three
Hundred Sixty-Seven Thousand Four Hundred Twenty-Five Dollars ($367,425.00), dated
August 6, 2015 (the "Commitment"), together with the form of a Debt Service Reserve
Agreement (the "DSR Agreement"), and the Mayor is hereby authorized to accept the
Commitment in form presented to this meeting of the City Council. The Mayor and the
City Clerk are further authorized to, accept, execute, and acknowledge the DSR
Agreement. The DSR Agreement is hereby approved in substantially the form presented
to this meeting, with such changes, omissions, insertions, and revisions as the Mayor and
City Clerk, with the advice of counsel, shall deem advisable, the execution and delivery of
such DSR Agreement by the Mayor and the City Clerk to constitute conclusive evidence of
the City's acceptance and approval thereof.
SEC7IONEIGHT: Pursuant to the provisions of the Indenture, the City will
covenant to comply with provisions of Federal Tax law following the issuance of the
Bonds. I n order to enable the City's post issuance compliance, the City hereby adopts
and approves a "Post Issuance Compliance IYanual" (the "Manual") substantially in the
form submitted to the meeting, with such changes, omissions, insertions, and revisions as
the Mayor and the City Clerk, with the advice of counsel, shall deem advisable, the
execution and delivery by the Mayor and the City Clerk of the Manual to constitute
conclusive evidence of the City's acceptance and approval thereof.
SECTIONNINE: The Mayor and the City Clerk, for and on behalf of the City,
are authorized and directed to do any and all things necessary to effect the preparation,
execution and delivery of the Indent~~re, the performance of all obligations of the City
under the Indenture, the issuance, execution, sale, and delivery of the Series 2015
Bonds, the use of a portion of the proceeds from the Series 2015 Bonds to refund the
Obligations to be Refunded and to commence acquiring, constructing, equipping,
renovating, and refurbishing the Capital Improvements and the performance of all acts
enumerated in this Ordinance and all other acts of whatever nature necessary to effect
and carry out the authority conferred by this Ordinance. The IYayor and City Clerk are
further authorized and directed, for and on behalf of the City, to execute all papers,
Ordinance No. 11532 (#22-2815)
Pwe Five
documents, certificates, and other instruments that may be required for the carrying out
of such authority or to evidence the exercise thereof.
SECTION TEN= All terms used in this Ordinance shall have the meanings
ascribed thereto in the Internal Revenue Code of 1986, as amended (the "Code"). The
City represents, warrants, and covenants that:
(a) The City has not used or permitted the use of, and will not use or permit
the use of, the Improvements in such manner as to cause the Bonds to be "private
activity bonds" within the meaning of Section 141 of the Code;
(b) None of the gross proceeds of the Bonds (hereby defined to include the
original proceeds of the sale of the Bonds, amounts received as a result of investing the
original proceeds, and amounts used to pay principal of and interest on the Bonds) will
be used (directly or indirectly) either: (A) to make or finance loans to persons other than
governmental units; or, (B) in any trade or business carried on by any person other than
a governmental unit or other than as a member of the general public. The Capital
Improvements will be available to and shall be used by members of the general p~~blic;
(c) The City will take no action which would cause the Bonds to be "federally
guaranteed," specifically: (A) the payment of any portion of principal or interest with
respect to the Bonds will not be guaranteed (directly or indirectly) by the United States or
any agency or instrumentality thereof; (B) none of the proceeds of the Bonds will be
used in making loans the payment of any portion of the principal or interest with respect
to which are to be guaranteed by the United States or an agency or instrumentality
thereof; and, (C) none of the proceeds of the Bonds (excl~~sive of proceeds invested for
an initial temporary period until needed for the purpose for which the Bonds were issued
and proceeds deposited into the Bond Fund) will be invested (directly or indirectly) in
federally insured deposits or accounts. Nothing in Paragraph (c) shall prohibit
investments in bonds issued by the United States Treasury;
(d) The City will submit to the Secretary of the Treasury of the United States,
not later than the isth day of the second calendar month after the close of the calendar
quarter in which the Bonds are issued, a statement on Form 8038-G concerning the
Bonds;
(e) The aggregate face amount of all tax-exempt bonds issued by the City (and
all subordinate entities thereof) during 2015 is not reasonably expected to exceed Ten
Million Dollars ($10,000,000.00); and,
Ordinance No. 1532 (#12-2015)
Page Six
(f) The City hereby designates each of the Bonds as a "qualified tax-exempt
obligation" for purposes of Section 265(b) of the Code.
SECTIONELEVEN: The appointments of Wright, Lindsey & Jennings LLP, as
Bond Counsel, and Stephens Inc., as Underwriter, are hereby approved and ratified.
SECTION TWELVE: Emerqency, It is hereby found and declared that an
immediate need exists to provide for the current refunding of the Obligations to be
Ref~~nded and to finance the Capital Improvements in order to achieve interest cost
savings, improved cash flow, and the most cost effective financing for the development
of the City's infrastructure. 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.
APPROVED AND ADOPTED THIS DA Y OF AUGUST 2015.
CITY OF JACKSBNVILLG ARKANSAS
GAR Y FLETCHER, MA YOR
§USA N DA V I m , CITY CLERK
APPROVED AS TO FORE//=
RBBER P E. BAMBURG, C I T Y A mORNEY
ADDENDUM 'A"
Schedule of Maturities
Maturity Date Principal Interest
(3une) Amount Rate
2016 $ 500,000.00 2.000°/0
2017 5 10,000.00 2.000°/0
2018 520,000.00 2.000°/0
2019 530,000.00 2.000°/0
2020 540,000.00 2.000°/0
2021 550,000.00 2.050%
2022 565,000.00 2.300%
2023 575,000.00 2.450%
2024 590,000.00 2.550%
2025 605,000.00 2.650%
2026 625,000.00 2.900%
2027 645,000.00 3.100%
2028 665,000.00 3.250%
2029 685,000.00 3.375%
2030 710,000.00 3.500%
(Accrued interest from September 1, 2015 to be added)
Get email alerts for Jacksonville
A daily email when new agendas and minutes are posted.