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1969-016 ORDINANCL NO 69-~ 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 duly and favorably voted, as required by the Constztutzon and laws of the State of Texas, at an electzop held zn sazd Czty on the 30th day of January, 1960, and WHEREAS, out of the bonds voted at said election, the following prevzously have been issued and delzvered $ 995,000 out of a voted total of $1,600,000, for the purpose of improving and extending the City's Waterworks System, repre- sented by part of the bonds of Serzes 1960, Serzes 1962, and Serzes 1966, and $2,145,000 out of a voted total of $2,600,000, for the purpose of zmprovzng and extending the City's Sewer System, represented by part of the bonds of Serzes 1960 and Series 1962, the bonds of Serzes 1964, and part of the bonds of Serzes 1966, and WHEREAS, the bonds hereznafter authorzzed are to be issued and delzvered pursuant to Vernon's Articles 1111 through 1118, and said City's Home Rule Charter THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS Sectzon 1. That sazd Czty's coupon bonds to be designated the "CITY OF DENTON WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1969," are hereby authorized to be zssued and de- livered in the prznczpal amount of $1,060,000 for the purpose of providzng $605,000 FOR IMPROVING AND EXTENDING THE CITY'S WATERWORKS SYSTEM, and providzng $455,000 FOR IMPROVING AND EXTENDING THE CITY'S SEWER SYSTEM Section 2. Thatsaid bonds shall be dated APRIL 15, 1969, shall be numbered consecutzvely from 1 THROUGH 212, shall be in the denomination of $5,000 EACH, and shall mature and be- come due and payable serzally on JULY 15 zn each of the years, and in the amounts, respectively, as set forth mn the followzng schedule YEARS AMOUNTS YEARS AMOUNTS 1970 $20,000 1980 $60 000 1971 45,000 1981 60 000 1972 50,000 1982 60 000 1973 50,000 1983 60 000 1974 50,000 1984 60~000 1975 55,000 1985 50.000 1976 60,000 1986 50 000 1977 60,000 1987 50,000 1978 60,000 1988 50,000 1979 60,000 1989 50,000 Said bonds may be redeemed przor to thezr scheduled maturltzes, at the optzon of said Czty, on the dates stated, and zn the manner provided, zn the FORM OF BOND set forth zn thzs Ordznance Sectzon 3. That the bonds scheduled to mature durzng the years, respectzvely, set forth below shall bear znterest from~emr date, untzl maturzty or redemptzon, at the followzng rates per annum maturztzes 1970 through 1974, 6 50% maturities 1975, 5 70% maturitzes 1976 through 1984, 5 107 maturztzes 1985, 5 20% maturitzes 1986, 5 25% maturzt~es 1987, 5 30% maturitzes 1988, 5 35% maturities 1989, 4 00% Said interest shall be evzdenced by znterest coupons whzch shall appertain to sazd bonds, and whzch shall be payable on the dates stated ~n the FORM OF BOND set forth zn thzs Ordznance Sectzon 4 That sazd bonds and znterest coupons shall be payable, shall have the characterzstics, and shall be szgned and executed (and said bonds shall be sealed), all as provided, and in the manner zndzcated, zn the FORM OF BOND set forth zn this Ordinance Section 5 That the form of said bonds, zncludzng the form of Registratzon Certzfzcate of the Comptroller of Public Accounts of the State of Texas to be prznted and endorsed on each of said bonds, and the form of the aforesazd ~nterest coupons which shall appertazn and be attached znztzally to each of said bonds, shall be, respectzvely, substantzally as follows FORM OF BOND NO, $5,000 UNITED STATES OF AMERICA STAIE OF TEXAS COUNTY OF DENTON CITY OF DENTON WATER AND SEWER SYSTEM REVENUE BOND SERIES 1969 ON JULY 15, 19 , the CITY ~ DENTON, in the County of Denton, State of Texas, promises to pay to bearer the principal amount of FIVE THOUSAND DOLLARS and to pay interest thereon, from the date hereof, at the rate of % per annum, evidenced by interest coupons payable JANUARY 15, 1970, and semz-annually thereafter on each JULY 15 and JANUARY 15 whzle this bond ~s outstandzng The principal of this bond and the interest coupons appertazning hereto shall be payable to bearer, in lawful money of the United States of America, without exchange or collection charges to the bearer, upon presentatzon and surrender of this bond or proper znterest -2- coupon, at THE FIRST NATIONAL CITY BANK OF NEW YORK, NEW YORK, NEW YORK, or, at the optzon of the bearer, at the FIRST NATIONAL BANK IN DALLAS, DALLAS, TEMAS, whzch places shall be the payzng agents for thzs Serzes of bonds THIS BOND is one of a Series of coupon bonds dated APRIL 15, 1969, issued in the prznczpal amount of $1,060,000 for the purpose of providzng $605,000 FOR IMPROVING AND EXTEND- ING THE CITY'S WATERWORKS SYSTEM, and provzdzng $455,000 FOR IMPROVING AND EXTENDING THE CITY'S SEWER SYSTEM ON JULY 15, 1981, OR ON ANY INTEREST PAYMENT DATE THEREAFTER, any outstandzng bonds of thzs Series may be redeemed prior to their scheduled maturities, at the option of said City, IN WHOLE, OR IN PART, for the prznczpal amount thereof and accrued interest thereon to the date fixed for redemptzon At le&st thzrty days prior to the date fzxed for any such redemptzon said Czty shall cause a wrztten notice of such redemptzon to be published at least once zn a f~nancial publzcatzon publzshed zn the City of New York, New York By the date fixed for any such redemption due provision shall be made with the paying agents for the payment of the princzpal amount of the bonds which are to be so redeemed and accrued interest thereon to the date fzxed for redemption If such written notzce of redemption zs publi~h- ed and zf due provzsion for such payment is made, all as provzded above, the bonds whzch are to be $o 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 outstandzng except for the purpose of being paid by the payzng agents with the funds so pro- vided for such payment IT IS HEREBY certzfzed, reczted, and covenanted that this bond has been duly and validly zssued and delzvered, that all acts, conditions, and things required or proper to be per- formed, exzst, and be done precedent to or in the issuance and delivery of this bond have been performed, exzsted, and been done in accordance wzth law, and that the interest on and prin- cipal of this bond, and the Serzes of whzch zt is a part, to- gether wzth other outstandzng waterworks and sewer system revenue bonds of said City, are secured by and payable from a f~rst lien on and pledge of the Net Revenues of sazd Czty's Waterworks and Sewer System MAID CITY has reserved the right, sub0ect to the restrictions stated, or adopted by reference, in the Ordznance authorzzing thzs Series of bond~, to issue add~tzonal parzty revenue bonds which also may be secured by and made payable from a first lien on and pledge of the Net Revenues of sazd City's Waterworks and Sewer System THE HOLDER HEREOF shall never have the rzght to de- mand payment of thzs oblzgatzon out of any funds razsed or to be raised by taxatzon -3- IN WITNESS WHEREOF, thzs bond and the interest coupons appertaznzng hereto have been szgned wzth the facsimile s~gnature of the Mayor of sazd Czty and counterszgned wzth the facszmzle szgnature of the Czty Secretary of sazd Czty, and the offzczal seal of said Czty has been duly zmpressed, or placed zn facszmzle, on this bond XXXXXXXX XXXXXXXX Czty Secretary, City of Denton Mayor, City of Denton FORM OF REGISTRATION CERTIFICATE COMPTROLLER~S REGISTRATION CERTIFICATE REGISTER NO o I hereby certify that thzs bond has been examzned, certified as to validity, and approved by the Attorney General of the State of Texas, and that thzs bond has been regzstered by the Comptroller of Public Accounts of the State of Texas Witness my szgnature and seal thzs XXXXXXXX Comptroller of Publmc Accounts of the State of Texas 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 thzs interest coupon, zn lawful money of the Unzted States of America, w~th- out exchange or collection charges to the bearer, unless due provision has been made for the redemption przor to maturity of the bond to which this znterest coupon appertazns, upon pre- sentation and surrender of this interest coupon, at THE FIRST NATIONAL CITY BANK OF NEW YORK, NEW YORK, NEW YORK, or, at the optzon of the bearer, at the FIRST NATIONAL BANK INDALLAS, DALLAS, TEXAS, said amount bezng interest due that day on the bond, bearlng the number hereinafter designated, of that issue of CITY OF DENTON WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1969, DATED APRIL 15, 1969 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 6 That the term "Outstandzng Bonds, as used herein, shall mean the outstandzng bonds of the followzng zssues of said Czty -4- Water and Sewer System Revenue Bonds, Series 1960, authorzzed by ordznance dated July 12, 1960, Water and Sewer System Revenue Bonds, Serzes 1962, authorzzed by ordznance dated March 27, 1962, Water and Sewer System Revenue Bonds, Series 1964, authorized by ordznance dated June 9, 1964, Water and Sewer System Revenue Bonds, Serzes 1966, authorzzed by ordinance dated January 25, 1966 The Series 1969 Bonds authorized hereby are parity "Addztzonal Bonds" as defined and permztted in the aforesazd ordinance dated July 12, 1960, and Sections 9 through 25 of said ordinance aze adopted by reference and shall be applicable to said Serzes 1969 Bonds for all purposes, except to the extent hereznafter speczfl- cally modifzed and supplemented fhe Series 1969 Bonds and the Outstanding Bonds are and shall be secured by and payable from a fzrst lzen on and pledge of the Net Revenues of said Czty's Water and Sewer System, and all of sazd obligatzons shall be on a p~rity and of equal dignzty in all respects Section 7 That, zn additzon to all other amounts re- quired by the ordznanees, respectzvely, authorzzing the Outstand- ing Bonds, there shall be deposzted znto the Interest and Sinkzng Fund, created for the benefit of sazd Outstandzng Bonds and all Additional Bonds, 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 Serzes 1969 Bonds on the next interest payment date, and (b) such amounts, in equal monthly znstallments, made on or before the last day of each month hereafter, as will be sufficzent to pay the next maturing princzpal of said Series 1969 Bonds Section 8 That the Reserve Fund heretofore created for the benefzt of sazd Outstanding Bonds and all Addztzonal Bonds now contains money and znvestments equal to the sum of $252,196 32 zn market value There zs hereby approprzated and shall be transferred and deposited znto the Reserve Fund mediately after the passage of thzs Ordinance, from surplus Net Revenues of the City's Water and Sewer System now on hand and lawfully available for such purpose, the sum of $97,803 68, which wzll cause the Reserve Fund to contazn money and invest- ments in the aggregate amount of $350,000 00 zn market value No addztzonal deposits shall be requzred to be made znto the Reserve Fund as long as the money and znvestments therezn are at least equal to the aggregate amount of $350,000.00 zn market value, but if and whenever the Reserve Fund zs reduced below said amount, deposits shall be made znto the Reserve Fund from the fzrst available Net Revenues of the Czty's Water and Sewer -5- System (after the requzred deposzts have been made znto the Interest and S~nk~ng Fund) and continued until such t~me as the Reserve Fund has been restored to sazd aggregate amount, and the Czty covenants to keep and maznta~n sa~d aggregate amount ~n the Reserve Fund The Reserve Fund shall be maintained, used, and may be znvested, for the benefit of the Outstanding Bonds, the Serzes 1969 Bonds, and all Addztlonal Bonds, ~n accordance w~th the procedures, as here~n modified and supplemented, set forth ~n ordznances, respectzvely, authorizing the Outstanding Bonds Section 9 That sa~d bonds are and shall be special oblmgat~ons of sa~d Czty, and the holder or holders thereof sh~ll never have the right to demand payment of sazd obligations out of any funds raised or to be raised by taxation Section 10 That the Mayor of sa~d C~ty ~s hereby authorized to have control of sazd bonds and all necessary records and proceedings pertaining to sa~d bonds pending their delzvery and their ~nvestigat~on, examznat~on, and approval by the Attorney General of the State of Texas, and their reg~stratzon by the Comptroller of Public Accounts of the State of Texas Upon registration of sa~d bonds, said Comptroller of Public Accounts (or a deputy designated ~n wr~tzng to act for said Comptroller) shall manually sign the Comptroller's Regzstrat~on Certificate printed and endorsed on each of said bonds, and the seal of sa~d Comptroller shall be impressed, or placed ~n facsimile, on each of said bonds Section 11. That the Czty Council officially finds, determines, and declares that sa~d bonds have been duly adver- tised for sale as required by the Home Rule Charter of sa~d C~ty, that sealed Bids have been received at a public sale of sa~d bonds held on April 15, 1969, that all of said bonds are hereby sold and shall be delivered to a syndicate managed or headed by First of Texas, Incorporated, and Assoczates, being the best bidder at said publzc sale, for the przncipal amount of said bonds, and accrued interest thereon to the date of delzvery, plus a premzum of $ - 0 - Section 12 It is further found and determined that the Official Notice of Sale for said bonds was duly publzshed on March 14, 1969, in the Bond Buyer, New York, New York, which is a national publtcatzon regularly and przmarily carrying fznanczal news and municipal bond sale notices, and on March 13, 1969, zn the "Denton Record-Chronicle", which has been designated as the official newspaper of the Czty of Denton The form and substance of said Official Notzce of Sale, and the aforesaid publicatzons thereof, are hereby approved and ratzfzed zn all respects by the City Council -6- Mc-CALL PARKHURST ~ HORTON DALLA~ TIEXA~ 7~:~01 JOHN 0 M OALL [189~ 1982} April 15, 1969 Honorable Mayor and Council of the City of Denton, Denton, Texas Gentlemen CITY OF DENTON WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1969, $1,060,00~ In compliance with Sectzon 9.02 and Section 9 04 of the City Charter of the City of Denton, you are advised that the bids for the captzoned issue of bonds have been tabulated and that we find that the bid of a syndzcate manag- ed or headed by -~,~"./J-.~M~~ for the bonds to bear interest at the rat~s 'th~reinVspeczfzed, with such bzdder to pay par and accrued interest to date of delzvery for sazd bonds, plus a premium of $~ O -- , is the lowest and best bid received, and we recommend that it be accepted We further certzfy that we have examined the or- dinance presently placed before the Mayor and Counczl for the purpose of authorizzng the issuance of sazd bonds, and in our opinion the said proposed bond ordinance zs legal, and the bonds to be ~ssued thereunder will be valid and b~ndzng oblz- gations of the City payable from the Net Revenues of the City's Water and Sewer System Respectfully, McCALL, PARKHURST & HORTON CERTIFICATE FOR ORDINANCE ~UTHORIZING TH~ ISSUANCE OF WATER mD SEWER SYSTE~ REVENUE BONDS THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON We, the underszgned offzcers of sazd Czty, hereby certify as follows 1 The City Council of sazd Czty convened zn REGULAR MEETING ON THE 15TH DAY OF APRIL, 1969, at the Municzpal Buildzng, and the roll was called ~ the duly con- stztuted offzcers and members of sazd Czty Counczl, to-wzt Brooks Holt, Czty Secretary L A Nelson, Mayor Dr Alexander Fznlay Bzll Neu, Mayor Pro Tem Harold L Ramey Hugh M Ayer and all of sazd persons were present, except the followzng absentees ~/~z~_~ , thus constitutzng a quorum Whereupon, among other buszness, the followzng was transacted at sazd Meetzng a wrztten ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER SYSTEM REVENUE BONDS was duly introduced for the conszderatzon of said Czty Counczl and read in full It was then duly moved and seconded that said Or- dinance be passed, and, after due dzscusszon, sazd motzon, carry- ing wzth it the passage of said Ordznance, prevazled and carrzed by the following vote AYESAil members of said Czty Counczl shown present above voted "Aye" NOES None 2 That a true, full, and correct copy of the aforesazd Or- dznance passed at the Meetzng descrzbed zn the above and foregoing paragraph is attached to and follows thzs Cert~fzcace, that sazd Ordinance has been duly recorded zn sazd Czty Counczl's m~nutes of said Meeting, that the above and foregozng paragraph is a true, full, and correct excerpt from sazd City Council's minutes of sazd Meeting pertazning to the passage of sazd Ordznance, that the per- sons named in the above and foregoing paragraph are the duly chosen, qualified, and actzng officers and members of sazd Czty Counczl as indicated therezn, and that each of the officers and members of said City Counczl was duly and sufficzently notzfzed offzc~ally and personally, in advance, of the tzme, place, and purpose of the aforesazd Meetzng, and that said Ordznance would be introduced and considered for passage at sazd Meetzng, and each of sazd offzcers and members consented, in advance, to the holding of sazd Meetzng for such purpose, and that sazd Meetzng was open to the publzc as requzred by law. 3. That the Mayor of sazd City has approved, and hereby ap- proves the aforesazd Ordznance, that the Mayor and the Czty Secre- tary of said City have duly szgned sazd Ordznance, and that the Mayor and the Czty Secretary of said 6ity hereby declare that thezr signing of thzs Certzficate shall constztute the szgnzng of the attached and following copy of sazd Ordinance for all purposes ~..~~SIGNF~DANDSEALEDthel5thday°fAp~6~zz.~ ~ City Secretary ~&yor (SEAn) We, the undersigned, being respectzvely the C~ty Attorney and the Bond Attorneys of the C~ty of Denton, Texa~, hereby certzfy that we prepared and approved as to legalzty the attached and f ol~~n~~ t._o ztq passage as aforesazd Bond Attorneys