1979-015 ORDINANCE NO 79- /~
ORDINANCE AUTHORIZING THE ISSUANCE OF
WATER AND SEWER SYSTEM REVENUE BONDS
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
WHEREAS, the bonds hereanafter authorazed were lawfully
and favorably voted at an electaon duly held in saad City on
MAY 16, 1972, and
WHEREAS, out of the bonds voted at saad electaon, the
followang previously have been assued and delavered
$3,475,000 out of a voted total of $5,275,000, for
the purpose of improving and extendang the
Caty's Waterworks System, represented by
part of the Seraes 1972 Bonds, part of the
Seraes 1974 Bonds, and part of the Ser~es
1977 Bonds, and
$ 525,000 out of a voted total of $5,725,000, for
the purpose of ~mprov~ng and extendang the
C~ty's Sewer System, represented by part
of the Ser~es 1972 Bonds, part of the Series
1974 Bonds, and part of the Seraes 1977
Bonds, and
WHEREAS, the bonds hereanafter authorazed and desagnated
were voted and are to be assued and delivered pursuant to
Vernon's Artacles 1111 through 1118
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
Sectaon 1 That the saad Caty's bonds are hereby author-
· zed to be assued an the aggregate prancapal amount of $4,000,000
for the purpose of provadang $1,000,000 FOR IMPROVING AND EX-
TENDING THE CITY'S WATERWORKS SYSTEM, and provadang $3,000,000
FOR IMPROVING AND EXTENDING THE CITY'S SEWER SYSTEM
Sectaon 2 That saad bonds shall be designated as the
"CITY OF DENTON WATER AND SEWER SYSTEM REVENUE BONDS, SERIES
197,9"
Sectaon 3 That saad bonds shall be dated MARCH 15, 1979,
sh~ll be in the denom~nataon of $5,000 each, shall be number-
ed ¢onsecutavely from one upward, and shall mature seraally on
the maturaty date, an each of the years, and an the amounts,
respectavely, as set forth ~n the followang schedule
MATURITY DATE JULY 15
~ YEARS AMOUNTS YEARS AMOUNTS
1981 $100,000 1991 $225,000
1982 100,000 1992 225,000
1983 100,000 1993 225,000
1984 100,000 1994 225,000
1985 225,000 1995 225,000
1986 225,000 1996 225,000
1987 225,000 1997 225,000
1988 225,000 1998 225,000
1989 225,000 1999 225,000
1990 225,000 2000 225,000
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Section 4 That the bonds scheduled to mature during the
years, respectively, set forth below shall bear interest at
the following rates per annum
maturities 1981 ~.7~ % maturities 1991, $ ~ %
maturities 1982 ~ ~g % maturities 1992, 3'Fm %
maturities 1983 ~_~% maturities 1993, -~,F~ %
maturities 1984 A.75 % maturities 1994, ~F~ %
maturities 1985 ~]'75% maturities 1995, ~,~ %
maturities 1986 & 7~% maturities 1996,~.&o %
maturities 1987 ~.7C % maturities 1997, ?-~--%
maturities 1988 ~j~_% maturities 1998, ~.75 %
maturities 1989 ~% maturities 1999, _~_%
maturities 1990 ~- ~ % maturities 2000, ~?~ %
Said interest shall be evidenced by interest coupons which shall
appertain to said bonds, and which shall be payable in the manner
provided and on the dates stated in the FORM OF BOND set forth
in this Ordinance
Section 5 That said bonds and interest coupons shall be
issued, shall be payable, may be redeemed prior to their schedul-
ed maturities, shall have the characteristics, and shall be sign-
ed and executed (and said bonds shall be sealed), all as provid-
ed, and in the manner Indicated, in the FORM OF BOND set forth
in this Ordinance
Section 6 That the form of said bonds, including the
forI~ of Registration Certificate of the Comptroller of Public
Accounts of the State of Texas to be printed and endorsed on
each of said bonds, and the form of the aforesaid interest cou-
pons which shall appertain and be attached initially to each of
said bonds, shall be, respectively, substantially as follows
FORM OF BOND
NO $5,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
WATER AND SEWER SYSTEM REVENUE BOND
SERIES 1979
ON JULY 15, , THE CITY OF DENTON, in Denton County,
Texas, hereby promises to pay to bearer hereof the principal
amount of
FIVE THOUSAND DOLLARS
and to pay Interest thereon, from date hereof, at the rate of
% per annu/n, evidenced by ~nterest coupons payable JULY 15,
~ and semiannually thereafter while this bond is outstand-
THE PRINCIPAL of this bond and the interest coupons apper-
taining hereto shall be payable to bearer, in lawful money of
the United States of America, without exchange or collection
charges to the bearer, upon presentation and surrender of this
bond or proper interest coupon, at the following, which shall
constitute and be defined as the "Paying Agent" for this Series
of Bonds
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CITIBANK, N A , NEW YORK, NEW YORK,
OR, AT THE OPTION OF THE BEARER, AT
FIRST NATIONAL BANK IN DALLAS, DALLAS, TEXAS
THIS BOND lS one of a Series dated as of MARCH 15, 1979,
authorized, issued, and delivered in the principal amount of
$4,000,000 for the purpose of providing $1,000,000 FOR IMPROV-
ING AND EXTENDING THE CITY'S WATERWORKS SYSTEM, and providing
$3,000,000 FOR IMPROVING AND EXTENDING THE CITY'S SEWER SYSTEM
ON JULY 15, 1992,
or on any Interest payment date thereafter, any outstanding bonds
of this Series may be redeemed prior to their scheduled maturi-
ties, at the option of said City, in whole, or in part, for the
principal amount thereof and accrued interest thereon to the date
fixed for redemption At least thirty days prior to the date
fixed for any such redemption said City shall cause a written
notlce of such redemptlon to be published at least once in a fl-
nanclal publlcatlon publlshed in the City of New York, New York
By the date fixed for any such redemption due provision shall be
made with the "Paylng Agent" for the payment of the prlnclpal
amount of the bonds which are to be so redeemed and accrued ~n-
terest thereon to the date fixed for redemption If such writ-
ten notice of redemption is published and ~f due provision for
such payment is made, all as provided above, the bonds which are
to be so redeemed thereby automatically shall be redeemed prior
to thelr scheduled maturities, and they shall not bear interest
after the date fixed for redemption, and they shall not be re-
garded as being outstanding except for the right of the bearer to
receive the redemption price from the "Paying Agent" out of the
funds provided for such payment
IT IS HEREBY certified and covenanted that this bond has been
duly and valldly authorized, lssued, and delivered, that all acts,
condltions, and things requlred or proper to be performed, exist,
and be done precedent to or ~n the authorization, issuance, and
delivery of this bond have been performed, exlsted, and been done
an accordance with law, that th~s bond is a special obligation,
and that the prlnclpal of and ~nterest on this bond, together with
other revenue bonds of sald C~ty, are payable from, and secured
by a flrst llen on and pledge of, the Net Revenues of said City's
Waterworks and Sewer System
SAID CITY has reserved the right, subject to the restrictions
stated, and adopted by reference, in the Ordinance authorizing
this Series of bonds, to issue additional parity revenue bonds
which also may be made payable from, and secured by a first l~en
on and pledge of, the aforesaid Net Revenues
THE HOLDER HEREOF shall never have the right to demand pay-
ment of th~s obligation out of any funds raised or to be raised
by taxation
IN WITNESS WHEREOF, this bond and the interest coupons apper-
taining hereto have been signed with the facsimile s~gnature of
the Mayor of said City and countersigned with the facsimile signa-
ture of the City Secretary of sa~d City, and the official seal of
said City has been duly lmpressed, or placed ~n facsimile, on this
bond
xxxxxxxx xxxxxxxx
City Secretary Mayor
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FORM OF REGISTRATION CERTIFICATE
COMPTROLLER'S REGISTRATION CERTIFICATE REGISTER NO
I hereby certify that this bond has been examined, certi-
fied as to validity, and approved by the Attorney General of
the State of Texas, and that this bond has been registered by
the Comptroller of Public Accounts of the State of Texas
Witness my signature and seal this
XXXXXXXX
Comptroller of PUbl~'c Accounts of
the State of Texas
FORM OF INTEREST COUPON
NO $
ON 15, ,
THE CITY OF DENTON, in the County of Denton, State of Texas,
promises to pay to bearer the amount shown on this interest
coupon, in lawful money of the United States of America, with-
out exchange or collection charges to the bearer, unless due
provision has been made for the redemption prior to scheduled
maturity of the bond to which this interest coupon appertains,
upon presentation and surrender of this interest coupon, at
CITIBANK, N A , NEW YORK, NEW YORK,
OR, AT THE OPTION OF THE BEARER, AT
FIRST NATIONAL BANK IN DALLAS, DALLAS, TEXAS,
sald amount being interest coming due that day on the bond,
bearing the number hereinafter designated, of that issue of
CITY OF DENTON WATER AND SEWER SYSTEM REVENUE BONDS, SERIES
1979, DATED MARCH 15, 1979 The holder hereof shall never
have the right to demand payment of this obligation out of
any funds raised or to be raised by taxation Bond No
XXXXXXXX XXXXXXXX
City Secretary Mayor
Section 7 (a) That the term "Outstanding Bonds," as herein-
after used in this Ordinance, shall mean all of said City's pres-
ently outstanding bonds which are payable from, and secured by a
first lien on and pledge of, the Net Revenues of said City's
Waterworks and Sewer System
(b) That the bonds authorized hereby are parity "Additional
Bonds" as defined in the ordinance passed on July 12, 1960,
authorizing the issuance, sale, and delivery of said City's
Water and Sewer System Revenue Bonds, Series 1960
(c) That Sections 9 through 25 of said ordinance are hereby
adopted by reference and shall be applicable to the bonds au-
thorized to be issued by this Ordinance for all purposes, except
to the extent hereinafter specifically modified and supplemented
The bonds authorized to be issued by this Ordinance and the Out-
standing Bonds are and shall be on a parity and of equal dignity
in all respects, and are and shall be payable from, and secured
by a first lien on and pledge of, the Net Revenues of said
City's Waterworks and Sewer System
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-/5
Section 8 That, in addition to all other amounts requir-
ed by the ordinances, respectively, authorizing the Outstanding
Bonds, there shall be deposited into the Interest and Sinking
Fund (created for the benefit of said Outstanding Bonds and all
Additional Bonds), from the Net Revenues of the System, the
following
(a) such amounts, in equal monthly installments,
made on or before the last day of each month
hereafter, as will be sufficient to pay the
interest scheduled to come due on said Series
1979 Bonds on the next interest payment date,
and
(b) such amounts, in equal monthly installments,
made on or before the last day of each month
hereafter, commencing in July, 1980, as will
be sufficient to pay the next maturing prin-
cipal of sald Series 1979 Bonds
Section 9 That the Reserve Fund heretofore created for
the benefit of the Outstanding Bonds and all Additional Bonds
now contains money and investments not less than the amount of
$522,000 in market value On or before the last day of each
month hereafter there shall be deposited into the Reserve Fund
such amounts, in equal monthly installments, as will cause the
Reserve Fund to contain, within five years after the date of
the Series 1979 Bonds, an amount of money and investments equal
in market value to the average annual principal and interest re-
quirements on the Outstanding Bonds and the Series 1979 Bonds
(the "Reserve Required Amount") Thereafter, no additional de-
posits shall be made Into the Reserve Fund as long as the money
and investments therein are equal to the Reserve Required Amount,
but If and whenever the Reserve Fund is reduced below the Reserve
Required Amount, a monthly deposit shall be made, on or before
the last day of each month thereafter, into the Reserve Fund from
Net Revenues Of the System (after the required deposits have been
made into the Interest and Sinking Fund), in an amount equal to
1/60th of the Reserve Required Amount, until such time as the
Reserve Fund has been restored to the Reserve Required Amount,
and the City covenants to keep and maintain the Reserve Requlrea
Amount in the Reserve Fund in the manner described above The
Reserve Fund shall be maintained, used, and may be invested, for
the benefit of the Bonds and all Additional Bonds, in accordance
with the procedures, as herein modified and supplemented, set
forth in the ordinances, respectively, authorizing the Outstand-
ing Bonds It is provided, however, that if and whenever, due
to investment income or otherwise, the Reserve Fund contains an
amount in excess of the Reserve Required Amount, such excess
shall be deposited Immediately to the credit of the Revenue Fund
Sectlon 10 That the bonds authorized by this Ordinance
are and shall be special obligations ot said City, and the
holder or holders thereof shall never have the right to demand
payment of said obligations out of any funds raised or to be
raised by taxation
Section 11 That the Mayor of said City Ks hereby author-
lzed to have control of said bonds and all necessary records
and proceedings pertaining to said bonds pending their delivery
and their investigation, examination, and approval by the
Attorney General of the State of Texas, and their registration
by the Comptroller of Public Accounts of the State of Texas
Upon registration of said bonds, said Comptroller of Public
Accounts (or a deputy designated an writing to act for said
Comgtroller) shall manually sign the Comptroller's Registration
-5- 74 -~ 5
Certificate printed and endorsed on each of said bonds, and
the seal of said Comptroller shall be impressed, or placed an
facsimile, on each of said bonds
Section 12 That the City covenants to and with the pur-
chaser of the bonds that it will make no use of the proceeds
of the bonds at any time throughout the term of th~s issue of
bonds which, if such use had been reasonably expected on the
date of delivery of the bonds to and payment for the bonds by
the purchasers, would have caused the bonds to be arbitrage bonds
within the meaning of Section 103(c) of the Internal Revenue Code
of 1954, as amended, or any regulations or rulings pertalnlng
thereto, and by this covenant the City is obligated to comply
with the requirements of the aforesaid Section 103(c) and all
applicable and pertinent Department of the Treasury regulations
relating to arbitrage bonds The City further covenants that the
proceeds of the bonds wall not otherwise be used directly or in-
directly so as to cause all or any part of the bonds to be or be-
come arbitrage bonds within the meaning of the aforesaid Section
103(c), or any regulations or rulings pertaining thereto
Section 13 That it is hereby officially found and deter-
mined that a case of emergency or urgent public necessity
exists which requires the holding of the meeting at which this
Ordinance is passed, such emergency or urgent public necessity
being that the proceeds from tke sale of said bonds are required
as soon as possible and without delay for necessary and urgently
needed public improvements, and that said meeting was open to
the public, and public not~ce of the t~me, place, and purpose
of sa~d meeting was given, all as required by Vernon's Ann
C~v St Article 6252-17
Section 14 That the City Council officially f~nds, deter-
m~nes, and declares that sa~d bonds have been duly advertised
for sale as required by the Home Rule Charter of said City,
that sealed bids have been received at a public sale of said
bonds held on March 6, 1979, that all of sa~d bonds are hereby
sold and s. hall be delivered to a syndicate managed or he~aded
being the Best bidder at ~aid public sale,'for the prIncipal
amount of said bonds, and accrued interest thereon to the date
of delivery, plus a premium of $
Section 15 It is further found and determined that the
Official Not~ce of Sale for said bonds was duly published on
February 1, 1979 in The Bond Buyer, New York, New York, which
Ks a national publication regularly and primarily carrying
nanclal news and municipal bond sale notices, and on January 31,
1979, in the Denton Record-Chronicle, which has been designated
as the offlclal newspaper of the City of Denton The form and
substance of said Official Not~ce of Sale, and the aforesaid
publlcatlons thereof, are hereby approved and ratified in all
respects by the City Council
Section 16 That it Ks hereby officially found, determin-
ed, and declared that said bonds have been sold at public sale
to the bidder offering the lowest lntelest cost, after receiving
sealed bids pursuant to an Official Notice of Sale and Official
Statement dated February 15, 1979, prepared and distributed an
connection with the sale of said bonds Sa~d Official Not~ce
of Sale and Official Statement have been and are hereby approved
by the City Council It is further officially found, determined,
and declared that the statements and representations contained
in said Official Notice of Sale and Official Statement are true
and correct in all materlal respects, to the best knowledge and
belief of the City Council
CERTIFICATE FOR
ORDINANCE AUTHORIZING ThE ISSUANCE OF
WATER AND SEWER SYSTEM REVENUE 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 6TH DAY OF MARCH, 1979,
at the Municipal Building (City Hall), and the roll was called
of the duly constituted officers and members of said City
Council, to-wit
Brooks Holt, City Secretary Joe Mitchell, Mayor
Bill Nash Mary Claude Gay, Mayor Pro Tem
Ellnor Hughes Dick Stewart
and all of saldpersons were present, except the following
absentees .f~..~_.~ ,
thus constltUfing a q~orum Whereupon, among other business,
the following was transacted at said Meeting a written
ORDINANCE AUTHORIZING THE ISSUANCE OF
WATER AND SEWER SYSTEM REVENUE BONDS
was duly introduced for the consideration of said City Council
and read in full It was then duly moved and seconded that
said Ordinance be passed, and, after due discussion, said mo-
tion, carrying with it the passage of said Ordinance, prevail-
ed and carried by the following vote
AYESAil members of said City Council
shown present above voted "Aye"
NOESNone
2 That a true, full, and correct copy of the aforesaid
Ordinance passed at the Meeting described in the above and fore-
golng 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 sa~d Ordl-
nance, that the persons named in the above and foregoing para-
graph are the duly chosen, qualified, and acting officers and
members of said City Council as indicated therein, that each of
the officers and members of said City Council was duly and suffi-
ciently notified officially and personally, 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 each of said officers and members consented, in ad-
vance, to the holding of said Meeting for such purpose, 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 re-
quired by Vernon's Ann Clv 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 de-
clare that their signing of this Certificate shall constitute
the signing of the attached and following copy of said Ordinance
for all purposes
SIGNED AND SEALED the 6th day of March, 1979
We, the undersigned, being respectively the City Attorney
and the Bond Attorneys of the City of Denton, Texas, hereby cer-
tify that we prepared and approved as to legality the attached
and following Ordinance prlor,t~s passage a~ aforesaid
~ - Clt~ At~. ney