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2024-09-01
CITY-OF-BATESVILLE
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2024-09-01
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ORDINANCE NOC�QkLI,0-01 <br /> AN ORDINANCE AUTHORIZING THE ISSUANCE OF A <br /> SALES AND USE TAX BOND FOR THE PURPOSE OF <br /> FINANCING ALL OR A PORTION OF THE COST OF THE <br /> CONSTRUCTION OF EXTENSIONS, BETTERMENTS AND <br /> IMPROVEMENTS TO THE WATER FACILITIES OF THE CITY <br /> OF BATESVILLE, ARKANSAS; PROVIDING FOR THE <br /> PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE <br /> BOND; AND PRESCRIBING OTHER MATTERS RELATING <br /> THERETO. <br /> WHEREAS, the City of Batesville, Arkansas (the "City") owns and operates a <br /> water and sewer system as a single, integrated municipal undertaking (the "System"); and <br /> WHEREAS, the City Council of the City has determined that extensions, <br /> betterments and improvements to the water facilities of the System and any necessary demolition <br /> related thereto (the "Improvements") are necessary in order to make the services of the System <br /> adequate for the needs of the City; and <br /> WHEREAS, there was submitted to the qualified electors of the City the question <br /> of issuing capital improvement bonds in the maximum principal amount of$110,000,000 for the <br /> purpose of financing all or a portion of the costs of the Improvements; and <br /> WHEREAS, at a special election held August 8, 2023, a majority of the electors <br /> voting on the question approved the issuance of the bonds and the levy of a sales and use tax at the <br /> rate of 1% (the "Tax")to retire the bonds; and <br /> WHEREAS,the City is making arrangements for the sale of a bond in the principal <br /> amount of $110,000,000 to the Arkansas Development Finance Authority, as purchaser (the <br /> 'Bondholder"),at a price of par for a bond bearing interest at the rate of 0.75%per annum pursuant <br /> to a Bond Purchase Agreement (the "Agreement") among the City, the Bondholder and the <br /> Arkansas Natural Resources Commission(the "Commission"),which has been presented to and is <br /> before this meeting; and <br /> WHEREAS, the City is authorized, under the provisions of Amendment No. 62 to <br /> the Arkansas Constitution and Title 14, Chapter 164, Subchapter 3 of the Arkansas Code of 1987 <br /> Annotated(the "Authorizing Legislation"),to enter into the Agreement and to issue the bond; and <br /> WHEREAS, the Bondholder may pledge the bond as collateral for the payment of <br /> its revolving loan fund revenue bonds (the "ADFA Bonds"), which may be issued from time to <br /> time, to the bank or trust company named as trustee for the ADFA Bonds (the "ADFA Trustee"); <br /> and <br /> WHEREAS, the City is required to pay to the Arkansas Development Finance <br /> Authority, as servicer(the "Authority"), a servicing fee equal to 1%per annum of the outstanding <br /> principal amount of the bond(the "Servicing Fee"); <br />
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