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1974-026 ORDINANCE NO 74-26 ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER SYSTEM REVENUE BONDS THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, the bonds hereinafter authorized were lawfully and favorably voted at an election duly held ~n sald City on MAY 16, 1972, and WHEREAS, out of the bonds voted at sa~d electlon, the following previously have been issued and delivered $1,400,000 out of a voted total of $5,275,000, for the purpose of lmprovlng and extending the C~ty's Waterworks System, represented by part of the Serles 1972, and $ 100,000 out of a voted total of $5,725,000, for the purpose of ~mprov~ng and extending the City's Sewer System, represented by part of the Ser~es 1972, and WHEREAS, the bonds hereinafter authorized and designated were voted and are to be ~ssued and delivered pursuant to Vernon's Articles 1111 through 1118 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS Section 1 That the sa~d C~ty's bonds are hereby author- · zed to be ~ssued ~n the aggregate principal amount of $2,000,000, for the purpose of providing $1,850,000 FOR IMPROVING AND EXTEND- ING THE CITY'S WATERWORKS SYSTEM, and providing $150,000 FOR IMPROVING AND EXTENDING THE CITY'S SEWER SYSTEM Section 2 That sa~d bonds shall be designated as the "CITY OF DENTON WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1974" Section 3 That said bonds shall be dated JULY 15, 1974, shall be ~n the denomination of $5,000 each, shall be number- ed consecutively from one upward, and shall mature serially on the maturity date, in each of the years, and an the amounts, respectively, as set forth ~n the following schedule MATURITY DATE JULY 15 YEARS AMOUNTS YEARS AMOUNTS 1976 $ 50,000 1988 $100,000 1977 50,000 1989 100,000 1978 75,000 1990 100,000 1979 75,000 1991 100,000 1980 75,000 1992 100,000 1981 75,000 1993 100,000 1982 75,000 1994 100,000 1983 75,000 1995 100,000 1984 75,000 1996 100,000 1985 75,000 1997 100,000 1986 100,000 1998 100,000 1987 100,000 -1- 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 1976 through 1981, 6 50% matur~tles 1982 through 1986, 5 60% maturltles 1987 through 1988, 5 80% maturities 1989 through 1990, 6 00% maturities 1991 through 1994, 6 20% maturities 1995 through 1998; 6 25% Sa~d ~nterest shall be evidenced by ~nterest coupons which shall appertain to sa~d bonds, and which shall be payable in the manner p~ov~ded and on the dates stated ~n the FORM OF BOND set forth in th~s 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 s~gn- ed and executed (and said bonds shall be sealed), all as provided, and in the manner indicated, ~n the FORM OF BOND set forth ~n th~s Ordinance Sectlon 6 That the form of sald bonds, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be printed and endorsed on each of sa~d bonds, and the form of the aforesaid lnterest coupons which shall appertain and be attached lnlt~ally to each of sa~d 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 1974 ON JULY 15, 19~, THE CITY OF DENTON, TEXAS, hereby promises to pay to bearer hereof the prlnc~pal amount of FIVE THOUSAND DOLLARS and to pay ~nterest thereon, from date hereof, at the rate of % per annum, evidenced by ~nterest coupons payable JANUARY 15, 1975, and seml-annually thereafter while th~s bond is outstanding THE PRINCIPAL of thls bond and the ~nterest coupons apper- taining hereto shall be payable to bearer, in lawful money of the Un~ted States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this bond or proper ~nterest coupon, at the following, which shall constitute and be defined as the "Paying Agent" for this Series of Bonds FIRST NATIONAL CITY BANK, NEW YORK, NEW YORK, OR, AT THE OPTION OF THE BEARER, AT FIRST NATIONAL BANK IN DALLAS, DALLAS, TEXAS THIS BOND Ks one of a Serles dated as of JULY 15, 1974, authorized, ~ssued, and dellvered ~n the principal amount of $2,000,000 for the purpose of providing $1,850,000 FOR IMPROV- ING AND EXTENDING THE CITY'S WATERWORKS SYSTEM, and providing $150,000 FOR IMPROVING AND EXTENDING THE CITY'S SEWER SYSTEM -2- ON JULY 15, 1989, or on any interest payment date thereafter, any outstanding bonds of thas Seraes may be redeemed praor to thear scheduled matura- taes, at the option of said City, an whole, or an part, for the principal amount thereof and accrued interest thereon to the date fixed for redemptlon At least thirty days prior to the date faxed for any such redemptaon saad Caty shall cause a wratten not~ce of such redemption to be publashed at least once nanc~al publlcataon published an the Caty of New York, New York By the date f~xed for any such redemption due provlsaon shall be made with the "Paying Agent" for the payment of the pranclpal amount of the bonds which are to be so redeemed and accrued in- terest thereon to the date f~xed for redemption If such wr~t- ten notate of redemptaon ~s publashed and af due prov~saon for such payment as made, all as provaded above, the bonds whach are to be so redeemed thereby automatacally shall be redeemed praor to their scheduled maturltaes, and they shall not bear anterest after the date f~xed for redemptaon, and they shall not be re- garded as being outstanding except for the r~ght of the bearer to receive the redemption prace from the "Paying Agent" out of the funds provided for such payment IT IS HEREBY cert~faed and covenanted that this bond has been duly and validly authorized, assued, and dellvered, that all acts, conditions, and th~ngs required or proper to be performed, ex~st, and be done precedent to or ~n the authorlzataon, ~ssuance, and delivery of this bond have been performed, existed, and been done · n accordance w~th law, that this bond ~s a specaal obl~gataon, and that the principal of and anterest on this bond, together wath other revenue bonds of sa~d Caty, are payable from, and secured by a first l~en on and pledge of, the Net Revenues of said Clty's Waterworks and Sewer System SAID CITY has reserved the right, subject to the restr~ctaons stated, and adopted by reference, ~n the Ordlnance authorizing %h~s Ser~es of bonds, to issue addltaonal parity revenue bonds which also may be made payable from, and secured by a farst laen on and pledge of, the aforesaid Net Revenues THE HOLDER HEREOF shall never have the raght to demand pay- ment of th~s obligation out of any funds raised or to be raased by taxation IN WITNESS WHEREOF, th~s bond and the interest coupons apper- taining hereto have been s~gned w~th the facslmale sagnature of the Mayor of said City and countersigned w~th the facsimile s~gna- ture of the C~ty Secretary of saad C~ty, and the official seal of said City has been duly ~mpressed, or placed an facsimile, on th~s bond xxxxxxxx xxxxxxxx .... City Secretary Mayor FORM OF REGISTRATION CERTIFICATE COMPTROLLER'S REGISTRATION CERTIFICATE REGISTER NO I hereby certify that th~s bond has been examaned, certl- faed 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 s~gnature and seal th~s xxxxxxxx Comptroller of Public Accounts of the State of Texas -3- FORM OF INTEREST COUPON NO $ ON 15, 19 THE CITY OF DENTON, in the County of Denton, State of Texas, promises to pay to bearer the amount shown on this interest coupon, ~n 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 th~s ~nterest coupon appertains, upon presentation and surrender of th~s Interest coupon, at FIRST NATIONAL CITY BANK, NEW YORK, NEW YORK, dR, AT THE OPTION OF THE BEARER, AT FIRST NATIONAL BANK IN DALLAS, DALLAS, TEXAS sald amount being ~nterest coming due that day on the bond, bearing the number hereinafter designated, of that ~ssue of CITY OF DENTON WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1974, DATED JULY 15, 1974 The holder hereof shall never have the r~ght 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 ~n this Ordinance, shall mean all of sa~d C~ty's pres- ently outstanding bonds which are payable from, and secured by a first l~en on and pledge of, the Net Revenues of sa~d C~ty's Waterworks and Sewer System (b) That the bonds authorized hereby are parity "Additional Bonds" as defined ~n the ordlnance passed on July 12, 1960, authorizing the ~ssuance, sale, and delivery of sa~d C~ty's Water and Sewer System Revenue Bonds, Series 1960 (¢) That Sections 9 through 25 of sa~d ordinance are hereby adopted by reference and shall be applicable to the bonds au- thorized to be ~ssued by th~s Ordinance for all purposes, except to the extent hereinafter specifically modified and supplemented The bonds authorized to be ~ssued by this Ordinance and the Out- standing Bonds are and shall be on a parity and of equal d~gnlty in all respects, and are and shall be payable from, and secured by a first l~en on and pledge of, the Net Revenues of sa~d C~ty's Waterworks and Sewer System Section 8 That, ~n addition to all other amounts requir- ed by the ordinances, respectively, authorizing the Outstanding Bonds, there shall be deposlted into the Interest and Slnklng Fund (created for the beneflt of said Outstanding Bonds and all Additional Bonds) the following (a) such amounts, ~n equal monthly ~nstallments, made on or before the last day of each month hereafter, as will be sufflclent to pay the interest scheduled to come due on sa~d Series 1974 Bonds on the next ~nterest payment date, and (b) such amounts, ~n equal monthly ~nstallments, made on or before the last day of each month hereafter, commencing in July, 1975, as w~ll be sufficient to pay the next maturing prin- cipal of said Ser~es 1974 Bonds -4- Section 9 That the Reserve Fund heretofore created for the benefit of said Outstanding Bonds and all Add~taonal Bonds now contains money and anvestments not less than the sum of $387,581 in market value On or before the last day of each month hereafter, an addltaonal amount of at least $925 shall be deposited Into the Reserve Fund from the pledged Net Revenues until an aggregate amount of money and investments at least equal to $444,000 in market value has been accumulated in the Reserve Fund Thereafter, no additional deposits shall be required to be made into the Reserve Fund as long as the money and invest- ments therein are at least equal to the aggregate amount of $444,000 in market value, but if and whenever the Reserve Fund ls reduced below said aggregate amount, deposits shall be made into the Reserve Fund from the f~rst avaalable Net Revenues of the City's Water and Sewer System (after the required deposits have been made into the Interest and Sinking Fund) and continued until such time as the Reserve Fund has been restored to said aggregate amount, and the C~ty covenants to keep and maintain said aggregate amount in the Reserve Fund The Reserve Fund shall be maintained, used, and may be invested, for the benefit of the Outstanding Bonds, the Series 1974 Bonds, and all Addi- tional Bonds, in accordance with the procedures, as here~n modi- fied and supplemented, set forth an the ordinances, respectively, authorizing the Outstanding Bonds Section 10 That the bonds authorized by th~s Ordinance are and shall be special obligations of 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 C~ty is hereby authorized to have control of said bonds and all necessary records and pro- ceed~ngs 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 saad bonds, sa~d Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate prlnted 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 at will make no use of the proceeds of the bonds at any time throughout the term of this ~ssue of bonds which, if such use had been reasonably expected on the date of delavery of the bonds to and payment for the bonds by the purchasers, would have caused the bonds to be arbitrage bonds w~thln the meaning of Section 103(d) of the Internal Revenue Code of 1954, as amended, or any regulations or rulings pertaining thereto, and by this covenant the City KS obligated to comply wl~h the requirements of the aforesaid Section 103(d) and all applicable and pertanent Department of the Treasury regulataons relating to arbatrage 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 Sectaon 103(d), 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 exasts which requires the holding of the meeting at which thas Ordinance is passed, such emergency or urgent public necessity -5- being that the proceeds from the 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 notice of the time, place, and purpose of sald meeting was g~ven, all as required by Vernon's Ann C~v St Article 6252-17 Section 14 That the City Council officially finds, deter- manes, and declares that sald bonds have been duly advertlsed for sale as required by the Home Rule Charter of said City, that sealed bids have been received at a publlc sale of said bonds held on June 25, 1974, that all of said bonds are hereby sold and shall be delivered to a syndicate managed or headed by ~xas Commerce Bank N A ~Houston, Texas , being the best bidder at said public sale, for the principal amount of sa~d bonds, and accrued ~nterest thereon to the date of delivery, plus a premium of $ -0- Section 15 It is further found and determined that the Official Notice of Sale for sald bonds was duly published on May 25, 1974, ~n The Bond Buyer, New York, New York, which ~s a national publication regularly and primarily carrying nanclal news and municipal bond sale notices, and on May 23, 1974, ~n the Denton Record-Chronicle, which has been designat- ed as the official newspaper of the City of Denton The form and substance of said Offlclal Notlce of Sale, and the afore- sald publications thereof, are hereby approved and ratified · n all respects by the City Council -6- CERTIFICATE FOR ORDINANCE AUTBORIZING TIlE 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.Th~ City Council of sa~d City convened in SPECIAL MEETING ON THE 25TH DAY OF JUNE, 1974, at the Munlclpal Building (City Hall), and the roll was called of the duly constituted officers and members of said C~ty Council, to-w~t Brooks Holt, City Secretary Bill Neu, Mayor Morris K~bler Tom D Jester, Jr Mrs. Lllllan Miller George Schneider and all of said persons were present, except the following absentees Miller and Jester , thus constituting a quorum Whereupon, among other business, the followlng 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 C~ty Council and read ~n full It was then duly moved and seconded that sa~d Ordlnance be passed, and, after due d~scusslon, said motion, carrying with ~t the passage of said Ordinance, prevailed and carrled by the following vote AYESAll members of said Clty 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 ~n said C~ty Council's minutes of said Meeting, that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's mlnutes of said Meetlng pertaining to the passage of said Ordi- nance, that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Councll as lndlcated there~n, that each of the officers and members of said C~ty Council was duly and sufficiently noti- fied officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Ordinance would be lntroduced and considered for passage at said Meeting, and each of sa~d officers and members consented, an advance, to the holding of sa~d Meeting for such purpose, and that said Meet- lng was open to the publlc, and public not~ce of the t~me, place, and purpose of said Meeting was given, all as required by Vernon's Ann. C~v. St Article 6252-17 3. That the Mayor of said City has approved, and hereby ap- proves, the aforesaid Ordinance, that the Mayor and the City Secre- tary of sa~d City have duly signed sa~d Ordinance, and that the Mayor and the City Secretary of sa~d City hereby declare that their s~gnlng of this Certificate shall constitute the signing of the attached and following copy of said Ordinance for all purposes SIGNED_AND SEALED the 25th day of June, 1974 ~C~ty-Sec~eta~y ayor (SEAL) ........................................................ We, the undersigned, being respectively the C~ty 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 prior to~~ ~oresald . City~A~o~n~y ~ / Bond Attorneys '-"~ >~ MCCALL,PARKHURST & HORTON June 25, 1974 Honorable Mayor and Council of the City of Denton Denton, Texas Gentlemen C~ty of Denton Water and Sewer System Revenue Bonds, Series 1974, $2,000,000 In compliance w~th Section 9 02 and Section 9 04 of the City Charter of the City of Denton, you are ad- vised that the bids for the captioned issue of bonds have been tabulated and that we find that the bid of a syndIcate managed or headed by the following w~th the bonds to bear interest at t rates therein' spec fled, with such bidder to pay par and accrued interest to date of delivery for sald bonds, plus a premium of $ - o - , ~s the lowest and best bid received, and we recommend that it be accepted We further certify that we have examined the ordinance presently placed before the Mayor and Council for the pur- pose of authorlzlng the ~ssuance of sa~d bonds, and, ~n our pinion, the sa~d proposed bond ordinance ~s legal, and the bonds to be issued thereunder will be valid and b~nd~ng oblIgations of the City, payable from the Net Revenues of the City's Water and Sewer System Respectfully, McCALL, PARKHURST & HORTON