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1989-126ORDINANCE NO 89 - 126 ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1989, AND DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF SALE OF SAID BONDS THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, the City Council of the City of Denton, Texas, deems it necessary and advisable that the bonds hereinafter described be authorized, issued, sold, and delivered THE COUNCIL OF THE CITY OF DENTON ORDAINS Section 1 That the City Secretary is directed to cause the following notice to be published in the "Denton Record- Chronicle", which is a newspaper published in, and having general circulation in, the City of Denton, on the same day of each of two consecutive weeks, with the date of the first publication to be at least two weeks (14 days) prior to the date upon which the City Council intends to pass the Ordinance described in the following notice "NOTICE OF INTENTION TO ISSUE CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1989 Notice is hereby given, in accordance with Article 2368a, Vernon's Annotated Texas Civil Statutes, that the City Council of the City of Denton, Texas, intends to pass, at a Regular Meeting to be held at 7 00 PM, on October 24, 1989, at the Municipal Building (City Hall), an Ordinance authorizing the issuance, sale, and delivery of an issue of bonds, to be evidenced initially by a single fully registered bond payable in installments, but convertible into definitive bonds in multiples of $5,000, to be designated as "City of Denton Utility System Revenue Bonds, Series 1989, in the maximum principal amount of $20,000,000, to be secured by and payable from a first lien on and pledge of the "Pledged Revenues", which "Pledged Revenues" include initially the "Net Revenues" of the "System", with said "System" initially consisting of the City's entire existing combined waterworks, sanitary sewer, and electric light and power system, all as will be defined and provided in the aforesaid Ordinance Said bonds will bear interest from their date at maximum rates not to exceed fifteen percentum per annum, will be scheduled to mature serially in installments within a maximum of not to exceed thirty years from their date, and will be subject maturity, and will have such other and as will be provided in the aforesaid will be authorized, issued, sold and Articles 1111b, 1112, 1113, and 1114, Civil Statutes, and other applicable 7 obtaining money for improvements and E said "System" to redemption prior to further characteristics, ordinance Said bonds delivered pursuant to Vernon's Annotated Texas .aws, for the purpose of extensions of the afore- CITY OF DENTON, TEXAS" Section 2 That the City Secretary is directed to issue a Notice of Sale of Bonds in substantially the following form OFFICIAL NOTICE OF SALE CITY OF DENTON, TEXAS UTILITY SYSTEM REVENUE BONDS, SERIES 1989 The City Council of the City of Denton, Denton County, Texas, will receive sealed bids at the Municipal Building (City Hall), 215 E McKinney Street, in the City of Denton until 7 00 p m , Tuesday, October 24, 1989 for the purchase of $20,000,000 Utility System Revenue Bonds, Series 1989, to be dated October 1, 1989, and to mature serially December 1 each year 1992 through 2010 Sealed bids, plainly marked "Bid for Bonds", should be addressed to "Honorable Mayor and City Council, City of Denton, Texas", and must be submitted on the "Official Bid Form" to be made available by the City Council prior the date of sale All sealed bids will be publicly opened and tabu- lated before the Council Copies of the "Official Statement", "Notice of Sale", and "Official Bid Form" are being prepared and will be mailed to prospective bidders on or about October 10, 1989, and will be furnished to any prospective bidder upon request, by First Southwest Company, 500 First City Center, 1700 Pacific Avenue, Dallas, Texas 75201, Financial Advisors to the City The City reserves the right to reject any and all bids and to waive any and all irregularities By order of the City Council of the City of Denton, Texas JENNIFER K WALTERS City Secretary City of Denton, Texas Said Notice shall be published once in The Bond Buyer, New York, New York, which is a national publication regularly and primarily carrying financial news and municipal bond sale notices, and said Notice also shall be published once in the "Denton Record-Chronicle", which has been designated as the official newspaper of the City of Denton Said publications shall be made at least thirty days prior to the day set for receiving bids CERTIFICATE FOR ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1989, AND DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF SALE OF SAID BONDS THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON We, the undersigned officers of said City, hereby certify as follows 1 The City Council of said City convened in REGULAR MEETING ON THE 19TH DAY OF SEPTEMBER, 1989, at the Municipal Building (City Hall), and the roll was called of the duly constituted officers and members of said City Council, to-wit Jennifer K Walters, City Secretary Ray Stephens, Mayor Bob Gorton Linni.e McAdams Jane Hopkins Jim Alexander Randall Boyd Hugh Ayer and all of said persons were present, except the following absentees Jennifer K Walters, City Secretary thus constituting a quorum Whereupon, among other business, the following was transacted at said Meeting a written ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1989, AND DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF SALE OF SAID BONDS was duly introduced for the consideration of said City Council and duly read It was then duly moved and seconded that said Ordinance be passed, and, after due discussion, said motion, carrying with it the passage of said Ordinance, prevailed and carried by the following vote AYES r s NOES None ABSENTIONS None 2 That a true, full, and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate, that said Ordinance has been duly recorded in said City Council's minutes of said Meeting, that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Ordinance, that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein, and that each of the officers and members of said City Council was duly and sufficiently notified officially and per- sonally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said Meeting, and that said Meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann Tex Civ St Article 6252-17 3 That the Mayor of said City has approved, and hereby approves, the aforesaid Ordinance, that the Mayor and the City Secretary of said City have duly signed said Ordinance, and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordi- nance for all purposes SIGNED AND SEALED as of the J 96L day of 1989 ~y Secretary M *or (SEAL) We, the undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Denton, Texas, hereby certify that we prepared and approved as to legality the attached and following Ordinance prior to its passage as aforesaid City ttor y Bond Attorneys AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON BEFORE ME, a notary public in and for the above named County, on this day personally appeared the person whose name is subscribed below, who, having been duly sworn, says upon oath that he or she is a duly authorized officer or employee of the "Denton Record-Chronicle", which is a newspaper of general circulation published in the above named City, and that a true and correct copy of the NOTICE OF INTENTION TO ISSUE CITY OF CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1989, a clipping of which is attached to this Affidavit, was published in said newspaper on the following dates (lr tnhar 1 , ZR October g O oyee SUBSCRIBED AND SWORN TO BEFORE ME on October 9 1989 4~2 f , t1, ^ qF~ ' o ry Public 1 rt Te SI tlotair My Commission expires 12/9/89 M111 w J.VF (NOTARY-- U t1C SEAL) tl t ,I