The URL can be used to link to this page

Home My WebLink About1993 it OGOGOGG~o V CGDCppy > pn ti o ~~O o s o c~ °a a ~ Fy Oa I oa~~ f°° a 0 0 o a o 0 0° v 0000 I BONDS - TMPA - 1993 FULBRIGHT & JAWORSKI L. L. P. A REGISTERED LIMITED LIABILITY PARTNERSHIP HOUSTON WASHINGTON, DC. 2200 Ross AVENUE AUSTIN SAN ANTONIO SUITE 21300 DALLAS TELEPRONE'. 214/853 8000 DALLAS, TEXAS 7520V NEW YORK LOS ANGEL F.$ FACSIM ILE'. 214/8558200 LONDON 7.URIC1/ WRITER'S DIRECT DIAL NUMBER' HONG KONG 214/B55.8002 August 20, 1993 Ms. Jennifer Walters City Secretary City of Denton 215 E. McKinney Stroet Denton, Texas 76201 RE; Texas Municipal Power Agency Refunding Revenue Bonds, Series 1993 Dear Ms, Walters: Enclosed herewith is a transcript of proceedings with respect to the captioned bonds. Please call if you have any questions. Very truly yours, Mark S. Westergard MSWJc Enclosure u zaen n CERTIFICATE OF CITY SECRETP.RY THE STATE OF TEXAS 5 COUNTY OF DENTON CITY OF DENTON § i, the undersigned, City Secretary of the City of Denton, Texas (the "City"), DO HEREBY CERTIFY, according to the records of the City of which I am custodian, that: 1. Ordinance Number 75-22 adopted by the governing body of the City on the 18th day of July, 1975, and entitled as follows: "ORDINANCE by the City Council of the City of Denton, Texas, relating to the creation of a municipal power agency under the provisions of Article 1435a, V.A.T.C.S.; creating such agency; defining its boundaries; making provision for a Board of Directors and their method of selection; prescribing a name for such agency; enacting other provisions incident and related to the subject and purpose of this Ordinance and declaring an emergency." has not L -en amended, repealed or modified in any respect; and that notic:~~ of the intention to adopt such ordinance was published in the Denton Record-Chronicle on Jule 2nd and 9th, 1975, a true and correct copy of such ordinance and affidavit of publication relating thereto being on file and of record in the office of the Comptroller of Public Accounts, the same having been previously supplied to the Attorney General of Texas in connection with the initial two series of bonds of the Texas Municipal Power Agency (Series 1975, 1976) which have been approved by the Attory General of Texas. 2. Ordinance Number 76-38 adopted by the governing body of the City on the 27th day of August, 1976, and entitled as follows: "AN ORDINANCE by the City Council of the City of Denton relating to the relationship of the City o of Denton with the Texas Municipal Power Agency; approving the construction of an electric generating facility by the Agency, to be known as Bryan Lignite Number one, as well as certain System Development and Reliability Expenditures and Development Projects and the issuance 0102538 of bonds by the said Agency for such purposes; approving a Power Sales Contract and providing for its execution on behalf of this City; enacting other provisions incident and related to the purpose of this ordinance, and repealing conflicting ordinances or resolutions, and declaring an emergency." and that said Ordinance has not been amended, repealed or modified in any respect. 3. On the 2nd day of May, 1978, the governing body of the City approved Texas Municipal Power Agency's participation in the Comanche Peak Nuclear Project and such approval has not been amended, repealed or modified in any respect. 4. On the 15th day of September, 1987, the governing body of the City adopted an ordinance entitled as follows: NO. 87-153 AN ORDINANCE by the City Council of the: City cf Denton approving an amendment to the Power Sales Contract by and between Texas Municipal Power Agency, the Cities of Garland, Denton, Bryan and Greenville, and providing for its execution on behalf of this City; enacting other provisions incident and related to the purpose of the ordinance; repealing conflicting ordinances or resolutions; and providing an effective date. that said ordinance has not been amended, repealed or modified in any respect; and that save and except for the foregoing amendment and changes in points of delivery, the Power Sales Contract between Texas Municipal Power Agency and the City dated the 1st day of September, 1976, has not been amended, repealed or modified in any respect, 5. The validity of the Power Sales Contract was upheld in two quo warranto proceedings instituted by the County Attorney of Grimee; County, Texas, suet, cases being styled: $tate pf Texas. ex re Grimes County Taxpayers Association v. Texas Municipal Power Aaencv, 565 S.W. 2d 258 (Tex. Civ. App., 19-," writ diem and ante pf Texas v. Texas Municipal Power encv, -ause No. 22,936 in the 12th Judicial District Court, Grimes County, Texas; thereafter the validity of the Power Sales Contract was questioned and upheld in Kenneth R. Caudle v. City-.-of Garland. Texas. and Texas Municipal Power Aaency. Ruby Alexander v, gity of g 9MgU.ille. Texas, and Texas Municipal Power Agency and David Stinson Thomas Y, City of Denton, Texas. and Texas Municipal Power Aqencv (the City of Denton was a party to the lawsuit styled David 01025]8 -2- Stinson Thomas v City of Denton Texas and Texas Muni.c bal Power e c and the judgment in each case has become final. 6. The City has not challenged or questioned the validity of the Power Sales Contract or the obligation of the City contained therein and there are no proceedings known to me in which the validity of the Power Sales contract is in question. TO CERTIFY WHICH, witness my official signature and the seal of said City, this y Sec etary C ty o£ anton, Texas (City Seal) 0102538 -3- I FULBRIGHT & JAWORSKI L. L. P. A REGISTERED LIMITEO LIABILITY PARTNERSHIP HOUSTON 2200 Ross AVENUE WASHINGTON, D.C. AUSTIN SUITE 2800 SAN ANTONIO TELfPHONE'21q/85i 0000 DALLAS FACSIMILE: 2h1/BSS.0200 DALLAS, TEXAS 75201 NEW YORK SOS ANGELES LONDON WRITERS OIRECT DIAL NUMBER'. ZURICH 204/a!55 8068 HONG KONG September 2, 1993 Ms, Jennifer Waiters City Secretary City of Denton 216 E. McKinney Street Denton, Texas 76201 RE: Texas Municipal Power Agency Refunding Revenue Bonds, Series 1993A Dear Ms, Walters: Enclosed herewith is a transcript of proceedings with respect to the captioned bonds. Please call if you have any questions. Very truly yours, b, ~ Roberl, D. Dransfield RDD;lc Enclosure 1 ' 1 `J~ 1 L 1124PP,77 NOTICE OF INTENTION June 7, 1993 City Council City of Denton 215 East McKinney Denton, Texas 76201 Re: Denton Health Facilities Development Corporation Health. Facilities Refunding Revenue Bonds (The Evangelical Lutheran Goad Samaritan Society Project) Series 1993 Dear City Council Members; Pursuant to section 221.062 of the Health Facilities Development Act, Chapter 221, Texas Health and Safety Code, as amendod (the "Act"), the Act under which the City of Denton, Texas created the Denton Health Facilities Development Corporation (the "Issuer"), notice is hereby given that the Issuer intends to issue its above-captioned bonds (the "Series 1993 Bonds") for the purpose of providing refinancing for part of the cost of health facilities (as such term is defined in the Act) (the "Project") for The Evangelical Lutheran Good Samaritan Society, a non-profit corporation organized and existing under the laws of the state of North Dakota (the "Society"), to wit: the refunding of the Denton Health Facilities Development Corporation Variable Rate Demand Bonds (The Ev. Lutheran Good Samaritan Society Project) Series 19858 currently outstanding in the approximate principal amount of $30000,000, the establishment of a debt service reserve fund, and the payment of a portion of the costs of issuance in connection therewith. The anticipated size of the proposed bond issue is approximately $3,455,000 plus any necessary original issue discount. The necessity for such Project is to assist the maintenance of public health and to provide health facilities for the promotion and development of health care, all for the public purpose of promoting the health and welfare of citizens of the City of Denton, Texas and the citizens of the State of Texas and the Project is needed for the purpose of improving the adequacy, cost and accessibility of health cars, research and education w: thin this State. than thThe e fifteenth (15th? day3foll wing the date of filing ofrthis lettdr. sincerely, Denton Hea t#{~~ Facilities Development 44' ~bn (BY es ent Filed, this 7th day of June, 1993. BY= J )A C 8scr a , Denton, Texes 2