ORD NO 35-2007 0 ORDINANCE NO. 3 5 -,2 W 1
A ORDINANCE AUTHORIZING THE MAYOR OF THE CITY, IN
COOPERATION WITH THE UNDERWRITER AND BOND COUNSEL, TO
PROCEED WITH MATTERS PRELIMINARY TO THE ISSUANCE OF THE
CITY'S WATERWORKS AND SEWER REVENUE CAPITAL
IMPROVEMENT BONDS, SERIES 2007; APPROVING THE PREPARATION
AND DELIVERY OF A PRELIMINARY OFFICIAL STATEMENT FOR THE
BONDS; AUTHORIZING THE SALE OF THE BONDS AND THE
EXECUTION OF A BOND PURCHASE AGREEMENT; AND SETTING
FORTH OTHER MATTERS PERTAINING TO THE ISSUANCE OF THE
BONDS
WHEREAS, the Van Buren City Council has determined that it is in the best interest of the
City of Van Buren, Arkansas (the "City to issue revenue bonds secured by and payable from the
revenues of the City's water and sewer system (the "System for the purpose of financing capital
improvements to the System (the "Improvements and
WHEREAS, in order to utilize the proceeds of tax exempt bonds to reimburse original
expenditures made by the City with respect to the Improvements, it is necessary under United States
Treasury Regulation 1.150 -2 that the City make a present declaration of its official intent to make
such reimbursement; and
WHEREAS, the City Council has determined to issue $10,000,000 City of Van Buren,
Arkansas Waterworks and Sewer Revenue Capital Improvement Bonds, Series 2007 (the "Series
2007 Bonds for the purpose of financing the Improvements; and
WHEREAS, the Van Buren Municipal Utilities Commission has recommended the issuance of
the Series 2007 Bonds;
WHEREAS, in order to provide for the issuance and sale of the Series 2007 Bonds, the City
hereby designates Morgan Keegan Company, Inc. as Underwriter and Rose Law Firm, a
Professional Association, as Bond Counsel; and
WHEREAS, the City has made preliminary arrangements for the sale of the Series 2007 Bonds
to Morgan Keegan Company, Inc. (the "Underwriter pursuant to a Bond Purchase Agreement,
a form of which has been presented to and is before this meeting; and
WHEREAS, the City desires to delegate to the Mayor the authority to accept an offer from the
Undenvriter to purchase the Series 2007 Bonds; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Van Buren,
Arkansas that:
SECTION 1. Such preliminary actions as are determined to be necessary by the Mayor of the
0 City are hereby authorized for the marketing of the Series 2007 Bonds in order to provide a portion
of the funds necessary to finance the Improvements; provided, however, that at such time as the
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0 Mayor may determine to be in the best interests of the City, the final terms of the Series 2007
Bonds shall be submitted for approval by the City Council, together with the proposed form of the
documents necessary for the issuance of the Series 2007 Bonds, including, without limitation, the
trust indenture. The issuance of the Series 2007 Bonds may be considered at a regular or special
meeting of the City Council as the Mayor shall consider appropriate.
SECTION 2. Morgan Keegan and Company, Inc. is hereby designated as Underwriter for the
Series 2007 Bonds, and Rose Law Firm, a Professional Association, is hereby designated as Bond
Counsel for the Series 2007 Bonds.
SECTION 3. The preparation of a Preliminary Official Statement and the distribution of such
Preliminary Official Statement to prospective purchasers of the Series 2007 Bonds are hereby
approved. The Mayor of the City 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 such officer, who is authorized to execute and deliver to the Underwriter a certificate,
when requested by the Underwriter, to the effect that the Preliminary Official Statement is deemed
final for the purposes of Securities and Exchange Commission Rule 15c2 -12.
SECTION 4. The Bonds shall be sold pursuant to the specific terms and conditions set forth in a
Bond Purchase Agreement, to be dated November 14, 2007 (the `Bond Purchase Agreement
between the City and the Underwriter, for the purchase price of 98.65% of the principal amount
thereof, plus accrued interest to the date of purchase. The Bonds shall mature (or be subject to
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mandatory sinking fund redemption) on December 1 in the years 2008 through 2027, inclusive, and
shall bear interest at an average rate not to exceed 4.60 The Mayor is hereby authorized and
directed to execute the Bond Purchase Agreement on behalf of the City in substantially the form
submitted at this meeting.
SECTION 5. The City hereby declares its official intent pursuant to United States Treasury
Regulation 1.150 -2 to reimburse itself for original expenditures made in planning, designing,
acquiring, constructing, and equipping the Improvements between the date that is 60 days prior to
the date of this Ordinance and the date the bonds are issued, plus a de minimis amount and
preliminary expenditures, with proceeds of one or more series of tax exempt bonds in principal
amount not to exceed $10,000,000.
SECTION 6. The City Council hereby authorizes and directs the Mayor and the 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 Ordinance and the Preliminary Official Statement, in order to prepare for the
issuance, sale, and delivery of the Series 2007 Bonds.
SECTION 7. Emergency Clause. The City Council hereby determines that the Improvements
must be accomplished as soon as possible in order to make the System adequate for the needs of the
City and its inhabitants and to insure the continued operation of the System; that an appropriate way
to accomplishweet the Improvements is by the issuance of revenue bonds payable from revenues of
the System as authorized by the Act; and that this ordinance shall be given immediate effect so that
such savings may be secured as soon as possible. Therefore, an emergency is hereby declared to
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0 exist and this ordinance, being necessary for the immediate preservation of the public health, safety,
and welfare, shall be in full force and effect from and after its passage and approval.
Adopted and approved October 15, 2007.
By: a-
t
ATTEST: r
By: 6 l
City Clerk
(S E A L)
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