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1972-043 ORDINANCE NO 72-~ AUTHORIZING THE ISSUANCE OF REVENUE BONDS, bonds hereinafter authorized were lawfully at an election duly held in said City on the bonds voted at said elect~on has been or delivered, and necessary and advisable to authorize, issue, ~nstallment or serles of sa~d bonds, and bonds hereinafter authorized and designated be ~ssued and delivered pursuant to 1111 through 1118 CITY OF DENTON HEREBY ORDAINS the sa~d C~ty's bonds are hereby au- ~n the aggregate principal amount of purpose of providing $1,400,000 FOR IMPROVING CITY'S WATERWORKS SYSTEM, and providing IMPROVING AND EXTENDING THE CITY'S SEWER SYSTEM sa~d bonds shall be designated as the WATER AND SEWER SYSTEM REVENUE BONDS, SERIES said bonds shall be dated SEPTEMBER 15, 1972, denomination of $5,000 each, shall be numbered one upward, and shall mature serially on the each of the years, and ~n the amounts, respec- ~n the following schedule MATURITY DATE JULY 15 YEARS AMOUNTS 1974 $35,000 1975 40,000 1976 40,000 1977 55,000 1978 60,000 1979 65,000 1980 75,000 1981 80,000 1982 80,000 1983 80,000 1984 80,000 1985 90,000 1986 90,000 1987 90,000 1988 90,000 1989 90,000 1990 90,000 1991 90,000 1992 90,000 1993 90,000 -1- Section 4 That the bonds scheduled to mature during the years, respectively, set forth below shall hear interest at the followlng rates per annum maturities 1974 through 1982, 6 0% maturities 1983, 4 60% maturities 1988, 5 10% ---~ ~,~,~ lqR4 4 70) maturities 1989, 5 15% uFFIClAL E) ID FOR 4 ur Denton Texas we will AY you par and accr~d interest from September 15 1972 to date of delivery to us plus a cash premium of $ - -- for bonds maturing and bearing interest as follows 40 000 7-15-75 ~: 90 000 7-15-85 ~ 40 000 7-15-76 90 000 7-15-86' 55,000 7-15-77 6 ~ 0 ~ 90,000 7-15-87' 5 60 000 7-15-78 6 0 ~ 90 000 7-15-88' 75,000 7-15-80 6~___: 90000 7-15-90' 5,20% 80,000 7-15-82 6----~----~ 90 000 7-15-92' 80 000 7-15-83 ~----~ 90 000 7-15-93' and aocrue~ interest Gross Interest Cost $ 945 ~ 400 O0 Less Premlum --O-- NZT IN~E~$T COST $ 945,400 O0 i EFFECTIVE INTEREST RATE 4 996829 % FIRST OF TEXAS. INCORPORATED 0WANAGER) A S HARTF~ ~0~ OF TEXAS (HOUSTON) I ~t~ ~e~resentatlve CHARLES R FISHER this the 26th day of September 1972 ~ ~ y, Cfty of Denton Texas B9 -2- ON JULY 15, 1985, or on any interest payment date thereafter, any outstanding bonds of thls Ser~es may be redeemed prior to their scheduled matura- t~es, at the optlon of said City, in whole, or in part, for the principal amount thereof and accrued interest thereon to the date f~xed for redemption At least thirty days prior to the date fixed for any such redemption said City shall cause a written notice of such redemption to be published at least once in a nano~al publication published ~n the C~ty of New York, New York By the date f~xed for any such redemption due provision shall be made w~th the "Paying Agent" for the payment of the prlnclpal amount of the bonds which are to be so redeemed and accrued terest thereon to the date f~xed for redemption If such writ- ten notice of redemption ~s published and ~f due provision for such payment as made, all as provided above, the bonds which are to be so redeemed thereby automatacally shall be redeemed prior to thelr scheduled maturities, and they shall not bear Interest after the date f~xed for redemption, and they shall not be re- garded as being outstanding except for the raght 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 th~s bond has been duly and validly authorized, lssued, and delivered, that all acts, conditions, and things required or proper to be performed, ex~st, and be done precedent to or ~n the authorization, ~ssuance, and delivery of th~s bond have been performed, existed, and been done · n accordance w~th law, that th~s bond is a specaal obligation, and that the principal of and interest on th~s bond, together w~th other revenue bonds of said C~ty, 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 SAID CITY has reserved the r~ght, subject to the restrictions stated, and adopted by reference, ~n the Ordinance authorizing this Ser~es of bonds, to ~ssue addatlonal parity revenue bonds which also may be made payable from, and secured by a f~rst 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 s~gned with the facsimile signature of the Mayor of sa~d City and countersigned with the facsimile s~gna- ture of the C~ty Secretary of said City, and the official seal of said Clty has been duly ~mpressed, or placed in facsimile, on this bond xxxxxxxx xxxxxxxx City Secretary Mayor FORM OF REGISTRATION CERTIFICATE COMPTROLLER'S REGISTRATION CERTIFICATE REGISTER NO I hereby certify that thls bond has been examined, cert~- fled as to valldlty, 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 this xxxxxxxx Comptroller of Publac 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 th~s ~nterest coupon, in lawful money of the United States of America, with- out exchange or collection charges to the bearer, unless due prov~slon has been made for the redemptlon prior to scheduled maturity of the bond to which th~s ~nterest coupon appertains, upon presentation and surrender of this interest coupon, at FIRST NATIONAL CITY BANK, NEW YORK, NEW YORK, ~R, 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 deslgnated, of that issue of CITY OF DENTON WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1972, DATED SEPTEMBER 15, 1972 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 Mayor City Secretary Section 7 (a) That the term "Outstanding Bonds," as here~n- after used ~n this Ordinance, shall mean all of said City's pres- ently outstandlng bonds which are payable from, and secured by a flrst llen 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 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 ~ssued by th~s Ordinance for all purposes, except to the extent hereinafter specifically modified and supplemented The bonds authorized to be ~ssued by th~s 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 f~rst lien on and pledge of, the Net Revenues of said C~ty's Waterworks and Sewer System 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 S~nklng Fund (created for the benefit of sa~d Outstanding Bonds and all Addltlonal Bonds) the following (a) such amounts, in equal monthly installments, made on or before the last day of each month hereafter, as will be suff~clent to pay the ~nterest scheduled to come due on said Series 1972 Bonds on the next ~nterest payment date, and (b) such amounts, in equal monthly installments, made on or before the last day of each month hereafter, commencing in July, 1973, as wlll be sufficient to pay the next maturing prln- c~pal of sa~d Series 1972 Bonds -4- Section 9 That the Reserve Fund heretofore created for the benefit of said Outstanding Bonds and all Additional Bonds now contains money and investments equal to the sum of $375,117 in market value 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 $375,000 in market value, but if and whenever the Reserve Fund is reduced below said aggregate amount, deposits shall be made into the Reserve Fund from the first available Net Revenues of the City's Water and Sewer System (after the required deposits have been made into the Interest and Sinking Fund) and contin- ued until such time as the Reserve Fund has been restored to said aggregate amount, and the City covenants to keep and main- tain 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 1972 Bonds, and all Addi- tional Bonds, in accordance with the procedures, as herein modified and supplemented, set forth in ordinances, respectively, authorizing the Outstanding Bonds Section 10 That the bonds authorized by this 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 City is hereby authorized to have control of said bonds and all necessary records and pro- ceedlngs pertaining to said bonds pending their delivery and thelr 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 in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate printed and endorsed on each of said bonds, and the seal of said Comptroller shall be impressed, or placed in facsimile, on each of said Bonds Section 12 That the City covenants to and with the pur- chasers of the bonds that it will make no use of the proceeds of the bonds at any time throughout the term of this 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(d) 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 requirements of the aforesaid Section 103(d) and all applicable and pertinent Department of the Treasury regulations relating to arbitrage bonds The City further covenants that the proceeds of the bonds w~ll 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(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 exists which requires the holding of the meeting at which this Ordinance is passed, such emergency or urgent public necessity belDg 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 sa~d meeting was given, all as required by Vernon's Ann Clv St Article 6252-17 -5- Section 14 That the City Council offkclally finds, deter- m~nes, and declares that said bonds have been duly advertised for sale as required by tke Home Rule Charter of sa~d City, that sealed bids have been received at a public sale of said bonds held on September 26, 1972, that all of sa~d bonds are hereby sold and shall be delivered to a syndicate managed or headed by F%rst of ~, In~nr~n~e~, being the best b~dder at sa~d ~ublic sale, for the principal amount of said bonds, and ac- cr~ed ~nterest thereon to the date of delivery, plus a premium of $-0- Section 15 It ~s further found and determined that the Offlclal Not~ce of Sale for said bonds was duly published on August 25, 1972, in the Bond Buyer, New York, New York, which lsa national publication regularly and primarily caIry~ng fi- nancial news and municipal bond sale notices, and on August 25, 1972, in the Denton Record-Chronicle, which has been designated as the official newspaper of the C~ty of Denton The form and substance of sa~d Official Notice of Sale, and the aforesaid publications thereof, are hereby approved and ratified ~n all respects by the City Council -6- GENERAL CERTIFICATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON We, the undersigned, hereby officially certify that we are the Mayor and C~ty Secretary, respectively, of said C~ty, and we further certify as follows 1 That said City is a duly incorporated Home Rule C~ty, having more than 5000 inhabitants, operating and existing under the Constitution and laws of the State of Texas and the duly adopted Home Rule Charter of sa~d City, which Charter has not been changed or amended since the passage of the ordinance authorizing the most recently issued Ser~es of outstanding bonds lasted below ~n paragraph 3 hereof 2 That no litigation of any nature has ever been f~led pertaining to, affecting, or contesting (a) the election which authorized the proposed C~ty of Denton Water and Sewer System Revenue Bonds, Series 1972, dated September 15, 1972, in the prlnclpal amount of $1,500,000, (b) the issuance, delivery, payment, security, or validity of said proposed bonds, (c) the title of the present members and officers of the City Council of sa~d City to their respective offices, or (d) the validity of the corporate existence or the Charter of sa~d City 3 That none of the revenues or income of said City's Water and Sewer System have been pledged or encumbered to the payment of any debt or obligation of said City or said System, except in connection with the aforesaid proposed Series 1972 Bonds, and the outstanding bonds of the following issues of sa~d C~ty Water and Sewer System Revenue Bonds, Ser~es 1960, Water and Sewer System Revenue Bonds, Series 1962, Water and Sewer System Revenue Bonds, Ser~es 1964, Water and Sewer System Revenue Bonds, Series 1966, Water and Sewer System Revenue Bonds, Ser~es 1969 4 That the Interest and S~nk~ng Fund and the Reserve Fund, created and maintained for the benefit of the outstanding bonds listed above, in accordance with the ordinances, respect- lvely, authorizing their issuance, each contains the amount now required to be on deposit therein, with such amounts in each of said Funds being as follows (a) Interest and Sinking Fund $/~2/~g ~ (b) Reserve Fund $ ~7~, //7 ., and the City is not ~n default in any of the covenants contained ~n the aforesaid ordinances SIGNED AND SEALED this the 26th day of Sept=K~er, 1972 Mayor (SEAL) M~CAL. L PARKHURST ~, HORTON September 26, 1972 Honorable Mayor and Council of the City of Denton Denton, Texas Gentlemen CITY OF DENTON WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1972, $1,500,000 In compllance with Section 9 02 and Sectlon 9 04 of the Clty Charter of the C~ty of Denton, you are advised that the b~ds for the captaoned ~ssue of bonds have been tabulated and that we f~nd that the b~d of a syndlcate managed or headed by the following with the bonds to bea~ i~erest at the rates therein speci- fied, wlth such bidder to pay par and accrued ~nterest to da%e of delivery for said bonds, plus a premaum of $-- O -- , as the lowest and best bad received, and we recommend that · t be accepted We further certify that we have examaned the ordl- nance presently placed before the Mayor and Council for the purpose of authorizing the issuance of sa~d bonds, and, ~n our op~naon, the sa~d proposed bond ordinance is legal, and the bonds to be ~ssued thereunder wall be valid and b~ndlng obligations of the C~ty, payable from the Net Revenues of the C~ty's Water and Sewer System Respectfully, McCALL, PARKHURST & HORTON THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON I, the undersigned, C~ty Secretary of the C~ty of Denton, Texas, hereby certify that the following is a schedule of the Gross Revenues, Expenses, and Net Revenues of the Water- works and Sewer System of the C~ty of Denton, Texas, for the pa~t three years FISCAL YEAR GROSS ~,NDING 9/30 REVENUES EXPENSES NET REVENUES 1969 $1,207,299 $644,242 $563,057 1970 1,279,621 624,482 655,139 1971 1,346,437 728,343 618,094 EXECUTED UNDER MY HAND and seal of sa~d C~ty, th~s the 26th day of Sept ember, 1972 ~ / ~__/~ City ~-~~y, City of Denton, Texas (SEAL) CERTIFICATE FOR ORDINANCE AL ~ORIZING THE ISSUANCE OF 5 ENUE BOND~, THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON We, the undersagned offacers of saad Caty, hereby certafy as follows 1 The City Councal of said Caty convened an REGULAR MEETING ON THE 26TH DAY OF SEPTEMBER, 1972 at the Munaclpal Bualdang (Caty Hall), and the roll was called of the duly constituted offacers and members of saad Caty Councal, to-w~t Brooks Holt, Caty Secretary Bill Neu, Mayor Tom D Jester, Jr Harold L Ramey Morras Kabler George Schneader and all of sa~ persons were present, except the followang absentees ~ ~ ~ , thus constituting a qu0r~m W~ereupon, among other business, the following was transacted at said Meetang a wratten ORDINANCE AUTHORIZING THF ISSUANCE OF REVENUE BONDS was duly antroduced for the consaderataon of saad Caty Council and read in full It was then duly moved and seconded that said Ordinance be passed, and, after due dascusslon, said motaon, carrying w~th it the passage of said Ordinance, prevaaled and carried by the following vote AYESAll members of said Caty Council shown present above voted "Aye" NOES None 2 That a true, full, and correct copy of the aforesaad Ordlnance passed at the Meetang descrabed in the above and fore- going paragraph as attached to and follows thas Certificate, that said Ordinance has been duly recorded in said Caty Councal's minutes of said Meetang, that the above and foregoang paragraph as a true, full, and correct excerpt from saad Caty Council's minutes of said Meetlng pertaanang to the passage of saad Ordi- nance, that the persons named in the above and foregoing paragraph are the duly chosen, quallfled, and acting offacers and members of said Caty Councal as indicated therean, that each of the offacers and members of sa~d Caty Councal was duly and suffacaently nota- faed offlclally and personally, an advance, of the tame, place, and purpose of the aforesaad Meeting, and that said Ordinance would be antroduced and considered for passage at said Meeting, and each of saad officers and members consented, an advance, to the holdang of said Meeting for such purpose, and that said Meet- ang was open to the publac, and public notice of the tame, place, and purpose of saad meetang was given, all as required by Vernon's Ann C~v St Artlcle 6252-17 3 That the Mayor of saad City has approved, and hereby approves, the aforesald Ordinance, that the Mayor and the City Secretary of saad Caty have duly signed said Ordanance, and that the Mayor and the City Secretary of saad City hereby declare that their sagnang of thls Certaflcate shall constitute the sagnlng of the attached and followang copy of said Ordinance for all pur- poses ~ED AND SEALED the 26th day of September, 1972 Caty Secretary ' Mayor (SEAL) ...................................................- We, the undersigned, beang respectavely the Caty Attorney and the Bond Attorneys of the Caty of Denton, Texas, hereby certify that we prepared and approved as to leg~l±~the attached and f ollowang Or dan an ce pr~or to ate p~/~~l~_~ / Cit~/Att NO ~o ~ AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO 69-1, AND AS SAID MAP APPLIES TO LOT NO 37, CITY BLOCK NO 285, AS SHOWN THIS DATE ON THE OFFICIAL TAX MAP OF THE CITY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED THEREIN, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I That the Zoning Map of the City of Denton, Texas, adopted January 14, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas, under provisions of Ordinance 69-1, be, and the same is hereby amended as follows Ail the hereinafter described property is hereby removed from the "A" Agricultural District as shown on said Zoning Map, and all provisions of Ordinance No 691, adopted the 14th day of January, 1969, as amended, shall hereafter apply to said property as "SF-10" Single Family District in the same manner as other property located in the "SF-10" Single Family District, Ail that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being Lot No 37 of City Block No 285 and being further described as being located in the 2600 Block of Teasley Lane Dimensions of this tract being 600 feet along Teasley Lane and approximately 2000 feet east from Teasley Lane SECTION II That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum bene- fit to the City of Denton, Texas and its citizens SECTION III That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof PASSED AND APPROVED this the 10th day of October, A D 1972 CITY OF DENTON, TEXAS ATTEST CITY OF D~NTON, TEXAS APPROVED AS TO LEGAL FORM