Ord 3668 5/20/1980 ,
CERTIFICATE FOR
ORDINANCE AUTHORIZING THE ISSUANCE OF
WATER AND SEWER REVENUE BONDS
THE STATE OF TEXAS •
COUNTY OF WICHITA
CITY OF WICHITA FALLS
We, the undersigned officers of said City, hereby certi-
fy as follows :
1. The Board of Aldermen of said City convened in
REGULAR MEETING ON THE 20TH DAY OF MAY, 1980 ,
at the City Hall, and the roll was called of the duly consti-
tuted officers and members of said Board of Aldermen, to-wit:
Wilma J. Thomas, City Clerk Kenneth Hill, Mayor
Marvin Traywick John W. Hampton, Jr.
Carol G. Russell Curtis W. Smith
James B. Thomas Horace O. Boston
and all of said persons were present, except the following
absentees :
thus constituting a quorum. Whereupon, among other business ,
the following was transacted at said Meeting : a written
ORDINANCE AUTHORIZING THE ISSUANCE OF
WATER AND SEWER REVENUE BONDS
was duly introduced for the consideration of said Board of
Aldermen and read in full. It was then duly moved and seconded
that said Ordinance be passed; and after due discussion, said
motion, carrying with it the passage of said Ordinance prevail-
ed and carried by the following vote:
YEAS : All members of said Board of Aldermen
shown present above voted "Yea" .
NAYS : None .
2 . That a true, full and correct copy of the aforesaid Or-
dinance passed at the Meeting described in the above and forego-
ing paragraph is attached to and follows this Certificate; that
said Ordinance has been duly recorded in said Board of Alder-
men' s minutes of said Meeting; that the above and foregoing para-
graph is a true, full and correct excerpt from said Board of
Aldermen' s minutes of said Meeting pertaining to the passage of
said Ordinance; that the persons named in the above and foregoing
paragraph are the duly chosen, qualified and acting officers and
members of said Board of Aldermen as indicated therein; that each
of the officers and members of said Board of Aldermen was duly
and sufficiently notified officially and personally in advance ,
of the time, place, and purpose of the aforesaid Meeting, and
that said Ordinance would be introduced and considered for
passage at said Meeting, and each of said officers and members
consented, in advance , 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 said meeting
was given, all as required by Vernon 's Ann. Civ. 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
Clerk of said City have duly signed said Ordinance; and that the
Mayor and the City Clerk of said City hereby declare that their
signing of this Certificate shall constitute the signing of the
attached and following copy of said Ordinance for all purposes .
SIGNED AND SEALED the 20th day of May, 1980 .
City Clerk 't Mayor
(SEAL)
ORDINANCE NO. ___
ORDINANCE AUTHORIZING THE ISSUANCE OF
WATER AND SEWER REVENUE BONDS
THE STATE OF TEXAS
COUNTY OF WICHITA •
CITY OF WICHITA FALLS
WHEREAS, the Board of Aldermen of the City of Wichita Falls,
Texas, deems it necessary and advisable that the bonds herein-
after authorized should be issued, sold, and delivered as soon
as practicable; and
WHEREAS, the bonds hereinafter authorized are to be issued,
sold, and delivered pursuant to Articles 1111141112 , 1113 , and
1114 , Vernon' s Annotated Texas Civil Statutes , and other appli-
cable laws .
THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS , TEXAS :
Section 1. That the said City ' s bonds are hereby author-
ized to be issued in the aggregate principal amount of $1, 000 , 000 ,
FOR THE PURPOSE OF PROVIDING MONEY FOR IMPROVEMENTS AND EXTEN-
SIONS OF THE COMBINED WATERWORKS AND SEWER SYSTEM OF THE CITY
OF WICHITA FALLS .
Section 2 . That said bonds shall be designated as the:
"CITY OF WICHITA FALLS WATER AND SEWER REVENUE BONDS , SERIES
1980" .
Section 3 . That said bonds shall be dated JUNE 1, 1980,
shall be in the denomination of $5 ,000 each, shall be numbered
consecutively from one upward, and shall mature serially on the
maturity date, in each of the years , and in the amounts, respec-
tively, as set forth in the following schedule :
MATURITY DATE : FEBRUARY 1
YEARS AMOUNTS
1982 $50 , 000
1983 50 , 000
1984 50 , 000
1985 50 , 000
1986 50 , 000
1987 50 , 000
1988 50, 000
1989 50 , 000
1990 50, 000
1991 50 , 000
1992 50 , 000
1993 50 , 000
1994 50 , 000
1995 50 , 000
1996 50 , 000
1997 50 , 000
1998 50 , 000
1999 50 , 000
2000 50 , 000
2001 50 , 000
Section 4 . That the bonds scheduled to mature during the
years , respectively, set forth below shall bear interest at
the following rates per annum:
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maturities 1982 , Gi % maturities 1992 , , 7;1 %
maturities 1983 , % maturities 1993 , „D %
maturities 1984 , % maturities 1994 , „
maturities 1985, ;%1 % maturities 1995, ,.e %
maturities 1986 , ,45 % maturities 1996 , %
maturities 1987 , ,;GG' % maturities 1997 „_, %
maturities 1988 , % maturities 1998 , , %
maturities 1989 , 1,4, % maturities 1999 , 7, , %
maturities 1990 , , maturities 2000, #9:%
maturities 1991, ,G % maturities 2001, %
Said interest shall be evidenced by interest coupons which shall
appertain to said bonds, and which shall be payable in the man-
ner provided and on the dates stated in the FORM OF BOND set
forth in this Ordinance.
Section 5 . That said bonds and interest coupons shall be
issued, shall be payable, may be redeemed prior to their sched-
uled maturities , shall have the characteristics, and shall be
signed and executed (and said bonds shall be sealed) , all as
provided, and in the manner indicated, in the FORM OF BOND set
forth in this Ordinance.
Section 6 . That the form of said 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 said bonds, and the form of the aforesaid interest cou-
pons which shall appertain and be attached initially to each of
said bonds, shall be, respectively, substantially as follows :
FORM OF BOND:
NO. $5 , 000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF WICHITA
CITY OF WICHITA FALLS
WATER AND SEWER REVENUE BOND
SERIES 1980
ON FEBRUARY 1, , the CITY OF WICHITA FALLS , in Wichita
County, Texas , hereby promises to pay to bearer hereof the
principal amount of
FIVE THOUSAND DOLLARS
and to pay interest thereon, from date hereof , at the rate of
% per annum, evidenced by interest coupons payable FEBRUARY
1, 1981, and semiannually thereafter while this bond is outstand-
ing.
THE PRINCIPAL of this bond and the interest coupons apper-
taining hereto shall be payable to bearer , in lawful money of the
United States of America, without exchange or collection charges
to the bearer , upon presentation and surrender of this bond or
proper interest coupon, at the following , which shall constitute
and be defined as the "Paying Agent" for this Series of Bonds:
THE CHASE MANHATTAN BANK, N.A. , NEW YORK, NEW YORK,
OR, AT THE OPTION OF THE BEARER, AT
CITY NATIONAL BANK IN WICHITA FALLS , WICHITA FALLS , TEXAS .
THIS BOND is one of a Series dated as of JUNE 1, 1980 ,
authorized, issued, and delivered in the principal amount of
$1, 000, 000 , FOR THE PURPOSE OF PROVIDING MONEY FOR IMPROVEMENTS
AND EXTENSIONS OF THE COMBINED WATERWORKS AND SEWER SYSTEM OF
THE CITY OF WICHITA FALLS .
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ON FEBRUARY 1, 1990 ,
or on any interest payment date thereafter , any outstanding bonds
of this Series may be redeemed prior to their scheduled maturi-
ties , at the option of said City , in whole , or in part , for the
principal amount thereof and accrued interest thereon to the date
fixed 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 fi-
nancial publication published in the City of New York , New York .
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 bonds which are to be so redeemed and accrued in-
terest thereon to the date fixed for redemption. If such writ-
ten notice of redemption is published and if due provision for
such payment is made , all as provided above , the bonds 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 re-
garded 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 and covenanted that this bond has been
duly and validly authorized , issued, and delivered; that all acts ,
conditions , and things required or proper to be performed , exist ,
and be done precedent to or in the authorization , issuance , and
delivery of this bond have been performed , existed, and been done
in accordance with law; that this bond is a special obligation;
and that the principal of and interest on this bond, together with
other revenue bonds of said City, are payable from, and secured
by a first lien on and pledge of , the Net Revenues of said City ' s
Waterworks and Sewer System.
SAID CITY has reserved the right , subject to the restrictions
stated, and adopted by reference , in the Ordinance authorizing
this Series of bonds , to issue additional parity revenue bonds
which also may be made payable from, and secured by a first lien
on and pledge of , the aforesaid Net Revenues .
THE HOLDER HEREOF shall never have the right to demand pay-
ment of this 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 signed with the facsimile signature of
the Mayor of said City and countersigned with the facsimile signa-
ture of the City Clerk of said City , and the official seal of
said City has been duly impressed, or placed in facsimile , on
this bond.
xxxxxxxx xxxxxxxx
City Clerk Mayor
FORM OF REGISTRATION CERTIFICATE :
COMPTROLLER' S REGISTRATION CERTIFICATE : REGISTER NO .
I hereby certify that this bond has been examined , certi-
fied 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 signature and seal this
xxxxxxxx
Comptroller of Public Accounts of
the State of Texas .
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FORM OF INTEREST COUPON :
NO. $
ON 1,
THE CITY OF WICHITA FALLS , in the County of Wichita, State of
Texas , promises to pay to bearer the amount shown on this in-
terest coupon, in lawful money of the United States of America,
without 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 this interest coupon appertains ,
upon presentation and surrender of this interest coupon, at
THE CHASE MANHATTAN BANK, N.A. , NEW YORK, NEW YORK,
OR, AT THE OPTION OF THE BEARER, AT
CITY NATIONAL BANK IN WICHITA FALLS , WICHITA FALLS, TEXAS ,
said amount being interest coming due that day on the bond,
bearing the number hereinafter designated, of that issue of
CITY OF WICHITA FALLS WATER AND SEWER REVENUE BONDS , SERIES
1980 , DATED JUNE 1, 1980. 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 xxxxxxx
City Clerk Mayor
Section 7 . (a) That the term "Outstanding Bonds , " as herein-
after used in this Ordinance , shall mean all of said City ' s pres-
ently outstanding bonds which are payable from, and secured by a
first lien on and pledge of , the Net Revenues of said City ' s
Waterworks and Sewer System.
(b) That the bonds authorized hereby are parity "Additional
Bonds" as defined in the ordinance passed on August 1, 1963 ,
authorizing the issuance , sale , and delivery of said City ' s
Water and Sewer Revenue Bonds, Series 1963 (the "Series 1963
Bond Ordinance" ) .
(c) That Sections 8 through 23 of the Series 1963 Bond Ordi-
nance are hereby adopted by reference and shall be applicable
to the bonds authorized to be issued by this Ordinance for all
purposes , except to the extent hereinafter specifically modi-
fied and supplemented. The bonds authorized to be issued by
this Ordinance and the Outstanding 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 first lien on and pledge
of, the Net Revenues of said City ' 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 Sinking
Fund (created for the benefit of said Outstanding Bonds and all
Additional Bonds) the following :
(a) such amounts , in approximately equal monthly install-
ments , deposited on or before the 15th day of each
month hereafter , as will be sufficient to pay the in-
terest scheduled to come due on the bonds authorized by
this Ordinance on the next interest payment date ; and
(b) such amounts , in approximately equal montly install-
ments , deposited on or before the 15th day of each
month hereafter, commencing on or before February
15 , 1981 , as will be sufficient to pay the next
maturing principal of the bonds authorized by this
Ordinance.
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Section 9 . That there is presently on hand in the Reserve
Fund, created for the benefit of said Outstanding Bonds and all
Additional Bonds , an aggregate amount of at least $845 , 100 .
Said aggregate amount shall be maintained therein, for the bene-
fit of the Outstanding Bonds, the Series 1980 Bonds , and all
Additional Bonds, in accordance with the procedures set forth
in the ordinances authorizing the Outstanding Bonds . All income
and earnings from the investment of amounts in the Reserve Fund
shall be deposited upon receipt to the credit of the "City of
Wichita Falls Water and Sewer Revenue Fund" _created, _ established,
and maintained pursuant to the Series 1963 Bond Ordinance.
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-
ceedings 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 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-
chaser 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 (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 requirements 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 proceeds of the bonds will not otherwise
be used directly or indirectly so as to cause all or any part
of the bonds to be or become arbitrage bonds within the mean-
ing of the aforesaid Section 103 ( c) , 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
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 said meeting was given, all as required by Vernon 's Ann.
Civ. St . Article 6252-17 .
Section 14 . That the Board of Aldermen officially finds ,
determines , and declares that said bonds have been duly adver-
tised for sale; that sealed bids have been received at a public
sale of said bonds ; that all of said bonds are hereby sold and
shall be livered,to a syndicae managed or headed by
, being the
best bidder at sai-public sale, for the principal amount of
said bonds , and accrued interest thereon to the date of de-
livery, plus a premium of $ —G — . The Official Notice
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of Sale and Official Statement dated May 2 , 1980 , prepared
and distributed in connection with the sale of the bonds
have been and are hereby approved by the Board of Alderman.
It is further officially found, determined, and declared that
the statements and representations contained in said Official
Notice of Sale and Official Statement are true and correct
in all material respects , to the best knowledge and belief
of the Board of Aldermen.
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