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Ordinance no. 1526 An Ordinance Authorizing the Issuance and sale of Water and Electric Revenue Refunding Bonds, Series 2009, by the City Of Hope, Arkansas; Authorizing A Trust Indenture Pursuant to which the bonds will be issued and secured; providing for the payment of the Principal of and interest on the bonds; Prescribing other matters relating thereto; and declaring an emergency. Whereas, the City of hope, Arkansas (the City), a system (collectively, the System), which are operated by and under the jurisdiction of the Hope, Arkansas Water and Light Plant Commission (the 'Commission), pursuant to Arkansas Code of 1987 Annotated, Title 14, Chapter 201, Subchapter 1; and Whereas, there are outstanding City of Hope, Arkansas Water and Electric Revenue Refunding Bonds, Series 20003 and outstanding obligations in favor of the Arkansas Soil and Water Commission, or its successor (in the principal amount of approximately $173,000) (collectively, the Outstanding Bonds); 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 Bonds; and Whereas, the City is authorized under the Local Government Capital Improvement Revenue Bond Act of 1985, Arkansas Code of 1987 Annotated, Title 14, chapter 164, Subchapter 4 to issue and sell revenue bonds for the purpose of refunding the Outstanding Bonds; and Whereas, to secure funds necessary, with other available funds, to refund the Outstanding Bonds, to provide for a debt service reserve, 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 its Water and Electric Revenue Refunding Bonds, Series 2009 (the Series 2009 Bonds) in an aggregate principal amount of not to exceed $2,125,000; and Whereas, the City has determined to issue the Series 2009 Bonds pursuant to a Trust Indenture dated as of December 1, 2009 (the Indenture) by and between the City and a bank or trust company acceptable to the City, as Trustee (the Trustee), a form of which has been presented to and is before the meeting at which this Ordinance is addressed; and Whereas, copies of the Preliminary Official Statement and the Bond Purchase Agreement, in substantial form, have been presented and are before the Board of Directors at the meeting at which this Ordinance is addressed; Now, Therefore, Be It Ordained by the board of Directors of the City of Hope, Arkansas: Section 1. That the refunding of the Outstanding Bonds be accomplished. The Mayor, the City Manager, the Commission and the 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 for that purpose. Section 2. That the offer of Stephans Inc. (the Underwriter) for the purchase of the Series 2009 Bonds from the City at a price of 98.50% of par plus accrued interest pursuant to the terms and provisions of a Bond Purchase Agreement in substantially the form exhibited at this meeting,, is approved and confirmed. The Mayor is hereby authorized and directed to execute and deliver the Bond Purchase Agreement on behalf of the City to fulfill its obligation under the Bond Purchase Agreement and to cause the sale and issuance of the Series 2009 Bonds, subject to the following: (a) The principal amount of the Series 2009 Bonds shall not exceed $2,125,000. (b) The price paid by the Underwriter for the Series 2009 Bonds (without regard to discounts, if any, in favor of investors) shall not be less than 98.50%. (c) The savings effected by the refunding of the outstanding Boards shall be not less than $325,000. (d) The average rate of interest for the Series 2009 Bonds shall not exceed 4.00% per annum. (e) The rate of interest for any maturity shall not exceed 5.50% per annum. Section 3. That there is hereby authorized, ratified and confirmed the preparation and distribution to various prospective and actual purchasers of the Series 2009 Bonds the Preliminary Official Statement and an Official Statement describing the City, the Series 2009 Bonds and the system, and setting forth such other information as may be determined to be necessary or desirable. The Mayor, for and on behalf of the City, is authorized to execute the Official Statement. Section 4. That the Series 2009 Bonds shall be issued in the forms and denominations, shall be dated, shall be numbered, and shall be subject to redemption prior to maturity, all as specified in the indenture, Section 5. That, to prescribe the terms and conditions upon which the Series 2009 Bonds are to be executed, authenticated, issued, accented, held and secured, the Mayor is hereby authorized and directed to execute and acknowledge the Indenture, and the City Clerk is 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 at the meeting at which this Ordinance is addressed. 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 with such changes as shall be approved by him, his execution to constitute conclusive evidence of such approval. Section 6. (a) 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 and an Escrow Deposit Agreement providing for the defeasance of the Outstanding Bonds, and for their redemption prior to maturity, and the performance of all obligations of the City under each such agreement, the issuance, execution, delivery and distribution of the Official Statement, and the performance of all acts of whatever nature necessary to effect and carry out the authority conferred by this Ordinance. (b) What the Mayor is authorized to execute such writings and take such action as may be appropriate to carry out the purposes of this Ordinance. Without limiting the generality of the foregoing, the Mayor is authorized to execute and deliver an agreement for continuing disclosure in compliance with SEC Rule 15c2-12. Section 7. 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 addressed, for inspection by any interested person, a copy of the Bond Purchase Agreement, the Indenture, the Escrow Agreement and the Preliminary Official Statement. Section 8. That the firm of Stephans Inc. is approved as underwriter for the Series 2009 Bonds; and the law firm of Friday, Eldredge & Clark, LLP, is approved as bond counsel to the City. Section 9. That the provisions of this Ordinance are hereby declared to be severable and if any provisions shall for any reason be held illegal or invalid, such holding shall not affect the validity of the remainder of this Ordinance. Section 10. That all ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 11. 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 fro System revenues and that the refunding can be accomplished only by the issuance of the Series 2009 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: November 17th,2009 Approved: Dennis Ramsey Mayor Attest: Carol Almond City Clerk
Janet Dominguez Plantiff Vs. No. Dr2009-310-1 Jorge Dopminguez Defenant Warning Notice The Defendant, Jorge Dominguez, is hereby warned to appear in this court within thirty (30) Days and answer the petition filed herein by the Plantiff, Janet Dominguez, and upon his failure to do so, said petition will be taken as confesses. Witness my hand as Clerk of the Circuit Court of Hempstead County, Arkansas, and the seal of this court this 28 day of October, 2009. Carolyn Neel, Circuit Clerk By: Mary R Martin
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