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1978-009 ORDINANCE NO 78-9 ORDINANCE AUTHORIZING THE ISSSANCE OF CERTIFICATES OF OBLIGATION THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, Vernon's Article 2368a 1 permats the Caty to assue and sell for cash the Cert~facates of Oblagataon here- anafter authorazed, and WHEREAS, the Caty has duly caused notace of ars ~ntent~on to assue the Cert~facates of Oblagat~on hereinafter authorazed to be publashed at the tames and an the manner requared by Vernon's Article 2368a 1, and no petataon has been faled pro- testang the assuance thereof THEReFORe, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS Section 1 That the saad Caty's Cert~facates of Oblaga- taon (hereanafter sometames called "Certafacates") are hereby authorazed to be ~ssued an the aggregate prancapal amount of $125,000, FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS INCURRED PURSUANT TO CONTRACTS FOR OFF-STREET PARKING FACILITIES, TO BE AVAILABLE TO THE GENERAL PUBLIC, ON LAND OWNED BY THE CITY AND NOW KNOWN AS "WILLIAMS SQUARE" (FORMERLY "TRADE SQUARE"), AND PAYING ALL OR A PORTION OF THE CONTRACTUAL OBLIGATIONS FOR PROFESSIONAL SERVICES OF ENGINEERING, ARCHITECTS, ATTORNEYS, AND FINANCIAL ADVISORS IN CONNECTION WITH SUCH OFF-STREET PARKING FACILITIES AND CERTIFICATES OF OBLIGATION Sectaon 2 That saad Cert~facates shall be desagnated as the CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1978 Section 3 That saad Certafacates shall be dated MARCH 1, 1978, shall be an the denomanataon of $5,000 each, shall be numbered consecutavely from one upward, and shall mature sera- ally on the maturaty date, an each of the years, and an the amounts, respectively, as set forth an the followang schedule MATURITY DATE MARCH 1 YEARS AMOUNTS 1980 $ 5 000 1981 5 000 1982 10 000 1983 10 000 1984 10 000 1985 10 000 1986 10 000 1987 10 000 1988 15 000 1989 15 000 1990 25 000 Section 4 That saad Cert~facates shall bear anterest at the rate of 5 50% per annum, evadenced by anterest coupons which shall appertalr to saad bonds, and which shall be pay- able an the manner provaded and on the dates stated an the FORM OF CERTIFICATE set forth an thas Ordanance -1- Section 5 That saad Certafacates and anterest coupons shall be assued, shall be parable, may be redeemed praor to thear scheduled maturat~es, shall have the characterastacs, and shall be s~gned and executed (and saad Certifacates shall be sealed), all as provaded, and an the manner andacated, an the FORM OF CERTIFICATE set forth an thas Ordanance Sectaon 6 That the form of saad Certificates, ancludlng the form of Regastrataon Certafacate of the Comptroller of Publac Accounts of the State of Texas to be pranted and endors- ed on each of saad Certificates, and the form of the aforesaad anterest coupons whach shall appertaan and be attached anataally to each of saad Certafacates, shall be, respectavely, substan- taally as follows FORM OF CERTIFICATE NO $5,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON CERTIFICATE OF OBLIGATION SERIES 1978 ON MARCH 1, 19 , THE CITY OF DENTON, an DENTON COUNTY, TEXAS, hereby promases to pay to bearer the pr~ncapal amount of FIVE THObSAND DOLLARS and to pay ~nterest thereon, from date hereof, at the rate of 5 50% per annum, evidenced by anterest coupons payable MARCH 1, 1979, and semaannually thereafter wh~le th~s Certificate as outstanding THE PRINCIPAL of thas Certafacate and the ~nterest coupons appertainang hereto shall be payable to bearer, ~n lawful money of the Un~ted States of Ameraca, wathout exchange or collectaon charges to the bearer, upon presentataon and surrender of th~s Certaf~cate or proper ~nterest coupon, at the following, whach shall constatute and be defaned as the "Paying Agent" for thas Ser~es of Certafacates FIRST STATE BANK, DENTON, TEXAS THIS CERTIFICATE as one of a Seraes dated as of MARCH 1, 1978, authorized, assued, and delavered an the prancapal amount of $125,000 FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS INCURRED PURSSANT TO CONTRACTS FOR OFF-STREET PARKING FACILITIES, TO BE AVAILABLE TO THE GENERAL PUBLIC, ON LAND OWNED BY THE CITY AND NOW KNOWN AS "WILLIAMS SQUARE" (FORMERLY "TRADE SQUARE"), AND PAYING ALL OR A PORTION OF THE CONTRACTUAL OBLIGATIONS FOR PROFESSIONAL SERVICES OF ENGINEERING, ARCHITECTS, ATTORNEYS, AND FINANCIAL ADVISORS IN CONNECTION WITH SUCH OFF-STREET PARKING FACILITIES AND CERTIFICATES OF OBLIGATION THE OUTSTANDING CERTIFICATES of thas Ser~es may be redeem- ed prior to thear scheduled maturataes, at the optaon of saad Caty, an whole, or an part, on any date, for the principal amount thereof and accrued anterest thereon to the date faxed for redemption On, or praor to, the date faxed for any such -2- redemption said City shall cause a written notice of such re- demption to be given to the "Paying Agent" By the date fixed for any such redemption due provision shall be made with the "Paying Agent" for the payment of the principal amount of the Certificates which are to be so redeemed and accrued interest thereon to the date fixed for redemption If such written no- t~ce of redemption is given and if due provision for such pay- ment is made, all as provided above, the Certlflcates which are to be so redeemed thereby automatically shall be redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded 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, recited, and covenanted that this Certificate has been duly and validly authorized, issued, and delivered, that all acts, conditions, and th~ngs required or proper to be performed, ex~st, and be done precedent to or in the authorization, issuance, and delivery of this Certificate have been performed, existed, and been done in accordance with law, that this Certificate is a general obligation of said City, issued on the full fa~th and credit thereof, and that annual ad valorem taxes sufficient to provide for the payment of the in- terest on and principal of this Certificate, as such Interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in said City, and have been pledged Irrevocably for such payment, within the limit prescribed by law, and that this Certificate is addition- ally secured by and payable from the revenues of the City's com- bined Waterworks and Sewer System remaining after payment of all operation and maintenance expenses thereof, and all debt ser- vice, reserve, and other requirements in connection with all of the City's revenue bonds (now or hereafter outstanding) which are payable from all or any part of the Net Revenues of the City's combined Waterworks and Sewer System IN WITNESS WHEREOF, this Certificate and the interest cou- pons appertaining hereto have been signed with the facsimile signature of the Mayor of said City and countersigned with the facsimile signature of the City Secretary of said City, and the official seal of said City has been duly impressed, or placed in facsimile, on this CertIficate xxxxxxxx xxxxxxxx City Secretary Mayor FORM OF REGISTRATION CERTIFICATE COMPTROLLER'S REGISTRATION CERTIFICATE REGISTER NO I hereby certify that this Certificate of Obligation has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Certifi- cate of Obligation has been registered by the Comptroller of Public Accounts of the State of Texas Witness my signature and seal th~s XXXXXXXX Comptroller of Public Accounts of the State of Texas -3- FORM OF INTEREST COUPON NO $ ON 1, 19__, THE CITY OF DENTON, IN DENTON COUNTY, TEXAS, promises to pay to bearer the amount shown on thzs znterest coupon, an lawful money of the Unzted States of Amerzca, w~thout ex- change or collection charges to the bearer, unless due provz- szon has been made for the redemption przor to scheduled ma- turzty of the Certlfzcate to which th~s znterest coupon apper- tains, upon presentation and surrender of th~s znterest coupon, at FIRST STATE BANK, DENTON, TEXAS, said amount being znterest comzng due that day on the Cert~fl- cate, bearing the number hereinafter deszgnated, of that ~ssue of CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1978, DATED MARCH 1, 1978 Certificate No xxxxxxxx xxxxxxxx Czty Secretary Mayor Section 7 That a speczal "Interest and Sznk~ng Fund" is hereby created solely for the benefit of said Certzfzcates, and said Interest and Sznk~ng Fund shall be establzshed and ma~n- rained by sazd Czty at an official deposztory bank of sa~d C~ty Saad Interest and Sznk~ng Fund shall be kept separate and apart from all other funds and accounts of sazd C~ty, and shall be used only for payzng the znterest on and principal of sazd Cer- t~fzcates Ail ad valorem taxes levied and collected for and on account of sazd Certificates shall be deposzted, as collect- ed, to the credzt of said Interest and S~nkzng Fund Durzng each year whzle any of said Certificates or znterest coupons appertaining thereto are outstandzng and unpaid, the governzng body of sazd C~ty shall compute and ascertazn a rate and amount of ad valorem tax which wztl be suff~czent to razse and produce the money required to pay the znterest on sazd Certzfzcates as such znterest comes due, and to provide and ma~ntazn a sznk~ng fund adequate to pay the pr~nczpat of such Certzfzcates as such pr~nozpal matures (but never less than 2% of the original pr~n- czpal amount of sazd Certzf~cates as a s~nk~ng fund each year), and sazd tax shall be based on the latest approved tax rolls of said C~ty, w~th full allowance bezng made for tax delznquenczes and the cost of tax collectzon Sa~d rate and amount of ad valorem tax zs hereby lev~ed, and zs hereby ordered to be levzed, against all taxable property zn sazd Czty for each year whlle any of samd Certzfzcates or znterest coupons appertaining there- to are outstandang and unpazd, and sazd tax shall be assessed and collected each such year and deposzted to the credit of the aforesaid Interest and Sznkzng Fund Sa~d ad valorem taxes sufficient to provzde for the payment of the lnterest on and principal of sa~d Certificates, as such ~nterest comes due and such principal matures, are hereby pledged zrrevocably for such payment, wzth~n the t~m~t prescrlbed by law Section 8 Sazd Certzfzcates addmtmonally shall be payable from and secured by the revenues of the Czty's combined Water- work~ and Sewer System remaznzng after payment of all operation and mazntenance expenses thereof, and all debt service, reserve, and other requirements zn connectzon wmth all of the C~ty's -4- revenue bonds (now or hereafter outstanding) which are pay- able from all or any part of the Net Revenues of the City's combined Waterworks and Sewer System, with the aforesaid re- maining revenues being hereinafter called "Surplus Revenues" The City shall deposit Surplus Revenues and the ad valorem taxes levied pursuant to Section 7 hereof to the credit of the Interest and Sinking Fund created pursuant to Section 7 in an amount sufficient to pay the principal of and interest on said Certificates, and if Surplus Revenues are actually on deposit in the Interest and Sinking Fund in advance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxes which otherwise would have been required to be levied pursuant to Section 7 may be reduced to the ex- tent and by the amount of the Surplus Revenues then on deposit in the Interest and Sinking Fund Section 9 That the Mayor of said City is hereby author- lzed to have control of said Certificates and all necessary records and proceedings pertaining to said Certificates pend- Ing 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 Certificates, said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate printed and endors- ed on each of said Certiflcatess, and the seal of said Comptroller shall be Impressed, or placed in facsimile, on each of said Certificates Section 10 That the City covenants to and with the pur- chaser of the Certificates that it will make no use of the pro- ceeds of the Certificates at any t~me throughout the term of this issue of Certificates which, if such use had been reason- ably expected on the date of delivery of the Certificates to and payment for the Certificates by the purchaser, would have caused the Certificates to be arbitrage bonds within the mean- lng of Section 103(c) of the Internal Revenue Code of 1954, as amended, or any regulations or rulings pertaining thereto, and by this covenant the City is obligated to comply with the re- quirements 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 pro- ceeds of the Certificates will not otherwise be used directly or indirectly so as to cause all or any part of the Certificates to be or become arbitrage bonds within the meaning of the afore- said Section 103(c), or any regulations or rulings pertaining thereto Section 11 That it is hereby officially found and deter- mined and declared 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 the sale of said Certi- ficates 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 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 Section 12 That said Certificates are hereby sold and shall be delivered to First Southwest Company for cash for the par value thereof and accrued interest to date of delivery, and such accrued interest shall be deposited Into the Interest and Sinking Fund -5- CERTIFICATE FOR ORDINANCE AUTHORIZING,THE ISSUANCE OF CERTIFICATES OF OBLIGATION 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 21ST DAY OF FEBRUARY, 1978, 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 Ellnor Hughes, Mayor Bill Nash Dick Stewart Joe Mitchell Mary Claude Gay and all of said pe~sons~were present, except the following absentees ~ , thus constituting a quorum Whereupon, among other business, the following was transacted at said Meetlng a written ORDINANCE AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION 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- tzon, carrying with it the passage of said Ordinance, prevail- ed and carried by the following vote AYES Ail members of sa~d C~ty Council shown present above voted "Aye", except for B~ll Nash NOES Bzll, Nas,h 2 That a true, full, and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and fore- going paragraph is attached to and follows this Certificate, that said Ordinance has been duly recorded in said City Council's mlnutes of said Meetlng, that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertalnmng to the passage of said Ordi- nance, that the persons named zn the above and foregoing para- graph are the duly chosen, qualifled, and acting officers and mer0bers of sazd Cmty Council as indicated therein, that each of the officers and members of said Czty Council was duly and suffi- ciently notified officially and personally, in advance, of the tzme, place, and purpose of the aforesaid Meetzng, and that said Ordinance would be introduced and considered for passage at said Meeting, and each of said offzcers and members consented, 1n 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 sa~d meeting was gzven, 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 sa~d Ordinance, and that the Mayor and the City Secretary of said City hereby de- clare that their signing of thzs Certificate shall constitute the signing of the attached and followmng copy of said Ordinance for all purposes /~D SEALED the 21st day of February, 1978 g v City Becretary Mayor (SEAL) ......................... 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 prlo~~sage as aforesald~________ City Atto~ey Bond A%torneys