Ord 2798 6/5/1973 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 certify as
follows :
1. The Board of Aldermen of said City convened in
(3a*LA.glZ L MEETING ON THE 5TH DAY OF JUNE, 1973 ,
at the City Hall, and the roll was called of the duly constituted
officers and members of said Board of Aldermen, to-wit:
Wilma J. Thomas , City Clerk J. Winston Wallander, Mayor
Willard J. Still Mrs . Peggy McCullough
Harrison E. Taylor J. C . Boyd, Jr.
Lonny D. Morrison Harry Campsey
and all of said persons were present, except the following
absentees : ►font ,
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 disucssion, said
motion, carrying with it the passage of said Ordinance prevailed
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
lrstirpose; 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
q Y
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 5th da of June , 1973 .
4
/!'d"� /■ 4# ✓I . /J�
City Clerk d Mayor
(SEAL)
I '
ORDINANCE NO. 1///g
ORDINANCE AUTHORIZING TIIE ISSUANCE OF WATER AND SEWER REVENUE BONDS
THE STATE OF TEXAS •
COUNTY OF WICHITA •
CITY OF WICHITA FALLS ••
WHEREAS , the bonds hereinafter authorized were lawfully
and favorably voted at an election duly held in said City on
APRIL 3 , 1973 ; and
WHEREAS , none of the bonds voted at said election has been
authorized, issued, or delivered; and
WHEREAS, it is necessary and advisable to authorize , issue ,
and deliver said bonds ; and
WHEREAS , the bonds hereinafter authorized and designated
were voted and are to be issued and delivered pursuant to
Vernon' s Articles 1111 through 1118.
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 au-
thorized to be issued in the aggregate principal amount of
$2 ,000 ,000 , FOR THE PURPOSE OF IMPROVING AND EXTENDING SAID
CITY'S SEWER SYSTEM.
Section 2. That said bonds shall be designated as the:
"CITY OF WICHITA FALLS WATER AND SEWER REVENUE BONDS, SERIES
1973" .
Section 3 . That said bonds shall be dated JULY 1, 1973 ,
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: AUGUST 1
YEARS AMOUNTS
1974 $100 ,000
1975 100 ,000
1976 100 ,000
1977 100 ,000
1978 100 ,000
1979 100 ,000
1980 100 ,000
1981 100 ,000
1982 100 ,000
1983 100 ,000
1984 100 ,000
1985 100 ,000
1986 100 ,000
1987 100 ,000
1988 100 ,000
1989 100 ,000
1990 100 ,000
1991 100 ,000
1992 100 ,000
1993 100 ,000
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•
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 1974 through 1978, 5.50%
maturities 1979 , 4.75%
maturities 1980 , 4 .50%
maturities 1981 through 1982 , 4 .60%
maturities 1983 through 1984 , 4.70%
maturities 1985 through 1986, 4 .75%
maturities 1987 through 1988, 4 .90%
maturities 1989 , 5.00%
maturities 1990 through 1993 , 5.10%
Said interest shall be evidenced by interest coupons which shall
appertain to said bonds , and which shall be payable in the manner
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 schedul-
ed maturities , shall have the characteristics , and shall be sign-
ed 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 coupons 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 AiMERICA
STATE OF TEXAS
COUNTY OF WICHITA
CITY OF WICHITA FALLS
WATER AND SEWER REVENUE BOND
SERIES 1973
ON AUGUST 1, 19 , the CITY OF WICHITA FALLS
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,. l 74,
and semi-annually thereafter while this bond is outstanding.
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, NATIONAL. ASSOCIATION,
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 JULY 1 , 1973 ,
authorized, issued, and delivered in the principal amount of
$2 ,000 ,000 , FOR THE PURPOSE OF IMPROVING AND EXTENDING SAID
CITY ' S SEWER SYSTEM.
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•
•
ON AUGUST 1, 1983 ,
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 , 19
THE CITY OF WICHITA FALLS , in the County of Wichita, State of
Texas , promises to pay to bearer the amount shown on this inter-
est 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, NATIONAL ASSOCIATION,
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
1973 , DATED JULY 1 , 1973. 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 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 .
(c) That Sections 8 through 23 of said ordinance are hereby
adopted by reference and shall be applicable to the bonds au-
thorized to be issued by this Ordinance for all purposes , except
to the extent hereinafter specifically modified and supplemented.
The bonds authorized to be issued by this 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 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 monthly install-
ments , deposited on or before the 15th day of each
month hereafter, commencing on or before August 15 , 1973,
as will be sufficient to pay the next maturing prin-
cipal 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
benefit of the Outstanding Bonds , the Series 1973 Bonds , and
all Additional Bonds , in accordance with the procedures set
forth in the ordinances 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 sai d bonds and all necessary
records and pro-
ceedings
-
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 (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 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 (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
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 delivered to a syndicate managed or headed by
\rpXPtS C-0 AA0.*-Re-c-= 2+kwt: 1i,A_p Roostou1 Tevobeing the best
bidder at said public sale , for the principal amount of said
bonds , and accrued interest thereon to the date of delivery,
plus a premium of $ —o .
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