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ORD NO 29-1979 4 ORDINANCE NO. 2 9-/777 AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF VAN BUREN, ARKANSAS, THE QUESTION OF ISSUING BONDS FOR THE PURPOSE OF OVERLAYING, SEALING AND GENERAL IMPROVEMENTS TO STREETS WITHIN THE CORPORATE LIMITS OF THE CITY; PRE- SCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY WHEREAS, the City of Van Buren, Arkansas (the "City is a city of the first class; and WHEREAS, it has been determined that it would be in the best interests of the City to overlay, seal and generally improve streets within the corporate limits of the City "Project and WHEREAS, it has been determined that the cost of the Project, presently estimated to be $850,000, including incidental expenses and expenditures in accomplishing the Project and ex- penses in connection with authorizing and issuing bonds, can be financed by the issuance of $850,000 in aggregate principal amount of General Obligation Bonds; and WHEREAS, the purpose of this Ordinance is to submit to the electors of the City the question of issuing General Obligation Bonds under Amendment No. 13 to the Constitution of the State of Arkansas; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Van Buren, Arkansas: Section 1. That there is hereby called a special election to be held in the City on October 9 1979, for the purpose of submitting to the electors of the City the question of issuing General Obligation Street Improvement Bonds under the I I P provisions of Amendment No. 13 to the Constitution of the State of Arkansas in the principal amount of $850,000 (the "Bonds Section 2. That the Bonds shall be dated January 1, 1980, shall bear interest at the lowest rate or rates obtainable i at public sale, interest shall be payable semiannually on January 1 and July 1 of each year, commencing July "1, 1980. The Bonds shall mature on January 1 of each year as follows, but shall be callable for payment prior to maturity upon such terms as the City Council shall determine and specify in the Notice of Public Sale of the Bonds: YEAR AMOUNT 1983 $15,000 1984 15,000 1985 20,000 1986 15,000 1987 20,000 1988 20,000 1989 20,000 1990 25,000 1991 25,000 1992 25,000 1993 30,000 1994 25,000 1995 35,000 1996 30,000 1997 35,000 1998 40,000 1999 40,000 2000 40,000 2001 45,000 2002 45,000 2003 50,000 2004 55,000 2005 55,000 2006 60,000 2007 65,000 Section 3. That the question shall be placed on the ballot for the election in substantially the following form: Vote on measure by placing an "X" in the square above the measure either for or against: FOR the issuance of City of Van Buren, Arkansas General Obligation Street Improvement Bonds in the principal amount of not to exceed $850,000 AGAINST the issuance of City of Van Buren, Arkansas General Obligation Street Improve- ment Bonds in the principal amount of not to exceed $850,000 It is proposed to issue $850,000 in principal amount of City of Van Buren, Arkansas (the "City General Obligation Street Improvement Bonds (the "Bonds under the provisions of Amendment No. 13 to the Constitution of the State of Arkansas, for the purpose of overlaying, sealing and general improve- ments to streets within the corporate limits of the City (the "Project The Bonds will be dated January 1, 1980, interest thereon will be payable semiannually on January 1 and July 1 of each year, commencing July 1, 1980. The Bonds shall mature on January 1 in each of the years 1983 to 2007, inclusive. The Bonds will bear interest at the rate or rates accepted by the City at the public sale of the Bonds. If the issuance of the Bonds is approved by the electors, the City Council will levy a continuing annual tax for the purpose of providing for the payment of the principal of, premium, if any, and interest on and Trustee's and Paying Agent's fees in connection with the bonds, which levy will not exceed five (5) mills on the dollar of the assessed valuation of the taxable real and personal property in the City, which will replace the five (5) mill tax presently being collected in connection with the City's General Obligation City Hall, Library, and Fire House Improvement Bonds, dated January 1, 1970, which bonds will be retired on or before January 1, 1980. Section 4. The election shall be held and conducted and the vote canvassed and the results declared under the law and in the manner now provided for municipal elections, so far as the same are applicable, and the Mayor of the City is hereby authorized and directed to give notice of such election by an advertisement published weekly once a week for four times in a newspaper published in the City and having a bona fide circula- tion therein, the last publication to be not less than ten days prior to the date of the election, and only qualified voters of the City shall have the right to vote at the election on the question. Section 5. The results of the election shall be pro- claimed by the Mayor and his proclamation shall be published one time in a newspaper published in the City and having a bona fide circulation therein, which proclamation shall advise that the results as proclaimed shall be conclusive unless attacked in the courts within thirty days after the date of such proclamation. Section 6. The Mayor is authorized to advertise, according to the terms of Amendment No. 13 to the Constitution of the State of Arkansas, the public sale of the bonds. Section 7. A copy of this Ordinance shall be given to the Crawford County Board of Election Commissioners so that the necessary election officials and supplies may be provided. Section 8. All ordinances and parts thereof in con- flict herewith are hereby repealed to the extent of such conflict. Section 9. It is hereby ascertained and declared that there is an immediate and urgent need for the Project in order to promote and protect the health, safety and welfare of the City and its inhabitants, and that the Project can be accomplished only by the issuance of the Bonds. It is, there- fore, declared that an emergency exists and this Ordinance being necessary for the immediate preservation of the public peace, health and safety shall be in force and take effect immediately from and after its passage. PASSED: Q D 1979. APPROVED: ATTEST: Mayor Cit Clerk (SEAL) CERTIFICATE o The undersigned, City Clerk of the City of Van Buren, Arkansas, hereby certifies that the foregoing pages numbered 1 to 4, inclusive, are a true and correct copy of Ordinance No. 0 29 /97y passed at a g sgri L ta session of the City Council of Van Buren, Arkansas, held at the regular meeting place of the tA Council at 7.0 o'clock -e. m. on the p,0 day of A' 1979, and that said Ordinance is of record in Ordinance Record Book No. page i now in my possession. GIVEN under my hand and seal of the City this p r/ day of4 t 1979. 76 4"avAr—s•- Ci Clerk (SEAL) 0