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