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Ord 2459 10/29/1968 7 CERTIF1.CA.L r FOR ORDINANCE AUIHO 1Z:INC TH1] ISSUANCE OF GENERAL OBLIGATION 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 SPECIAL MEETING ON THE 29TH DAY OF OCTOBER, 1968, at the City Hall , and the roll was called of the duly constituted officers and members of said Board of Aldermen, to-,wit : Wilma Thomas , City Clerk Kenneth Hill, Mayor Donald H. Wills Richard R. Darner Harrison E . Taylor Max Kruger - James M. Davis Cletus C. Schenk 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 GENERAL OBLIGATION 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, carry- ing 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 foregoing paragraph is attached to and follows this Certificate; that said Ordinance has been duly recorded in said Board of Aldermen' s minutes of said Meeting; that the above and foregoing paragraph 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 offi- cially and personally in advance, of the time, place andpurpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said Meeting, and each of said offi- cers and members consented, in advance, to the holding of said Meet- ing for such purpose; and thatsaid Meeting was open to the public as required by law. 3. That the Mayor of said City has approved, and hereby ap- proves, 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 29th day of October, 1968. • City Clerk Mayor (SEAL) ORDINANCE NO -N a ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS • THE STATE OF TEXAS • COUNTY OF WICHITA CITY OF WICHITA FALLS : WHEREAS, the bonds hereinafter authorized were duly and favorably voted at an election held in said City on the 28th day of . September, 1967; and WHEREAS, out of the bonds voted at said election, the following previously have been issued and delivered: $2,235,000 out of a voted total of $10,670,000, voted for the purpose of constructing and improving streets in said City, and providing drainage in connection there- with, represented by part of the bonds of Series 1968; and WHEREAS, the bonds hereinafter authorized are to be issued and delivered pursuant to Vernon' s Articles 823 and 1175, and the Home Rule Charter of said City. THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS : Section 1. That said City ' s bonds to be designated the "CITY OF WICHITA FALLS GENERAL OBLIGATION BONDS, SERIES 1968-A, " are hereby authorized to be issued and delivered in the principal amount of $4,435 ,000, FOR THE PURPOSE OF CONSTRUCTING AND IMPROVING STREETS IN SAID CITY, AND PROVIDING DRAINAGE IN CONNECTION THERE- WITH. Section 2 . That said bonds shall be dated DECEMBER 1, 1968, shall be in the denomination of $5,000 EACH, shall be number- ed consecutively from 1 THROUGH 887, and shall mature serially on JUNE 1 in each of the years, and in the amounts, respectively, as set forth in the following schedule: YEARS AMOUNTS YEARS AMOUNTS 1971 $ 85,000 1981 $250,000 1972 150, 000 1982 250, 000 1973 225 ,000 1983 250,000 1974 225,000 1984 250,000 1975 250,000 1985 250,000 1976 250,000 1986 250,000 1977 250,000 1987 250,000 1978 250,000 1988 250, 000 1979 250,000 1989 250,000 1980 250,000 -1- Said bonds may be redeemed prior to their scheduled maturities, at the option of said City, on the dates stated, and in the manner provided, in the FORM OF BOND set forth in this Ordinance. Section 3. That the bonds scheduled to mature during the years, respectively, set forth below shall bear interest from their date, until maturity or redemption, at the following rates per annum: maturities 1971 through 1976 5 % maturities 1977 through 1979 4 1/2% maturities 1980 through 19- 4.10 % maturities 1981 through 19- 4.20 % maturities 1982 through 19- 4.25 % maturities 1983 through 19- 4.30 % maturities 1984 through 19- 4.35 % maturities 1985 through 19- 4.40 % maturities 1986 through 19- 4.50 % maturities 1987. through 19- 4.55 % maturities 1988 through 19- 4.60 % maturities 1989 through 19- 3.50 % Said interest shall be evidenced by interest coupons which shall appertain to said bonds, and which shall be payable on the dates stated in the FORM OF BOND set forth in this Ordinance. Section 4. That said bonds and interest coupons shall be payable, 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 5. 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 AMERICA STATE OF TEXAS COUNTY OF WICHITA CITY OF WICHITA FALLS GENERAL OBLIGATION BOND SERIES 1968-A ON JUNE 1, 19 , the CITY OF WICHITA FALLS in the County of Wichita, 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 DECEMBER 1, 1969, and—MT-annually thereafter on each JUNE 1 and DECEMBER 1 while this bond is outstanding. The principal of this bond and the interest coupons appertaining 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 CHASE MANHATTAN BANK, NEW YORK, NEW YORK, or, at the option of the bearer, at the CITY NATIONAL BANK IN WICHITA FALLS, WICHITA FALLS, TEXAS, which places shall be the paying agents for this Series of bonds. -2- THIS BOND is one of a Series of bonds dated DECEMBER. 1, 1968, issued in the principal amount of $4,435 ,000 FOR THE PURPOSE OF CONSTRUCTING AND IMPROVING STREETS IN SAID CITY, AND PROVIDING DRAINAGE IN. CONNECTION THEREWITH. ON JUNE 1, 1980, OR ON ANY INTEREST PAYMENT DATE THERE- AFTER, any outstanding bonds of this Series may be redeemed prior to their scheduled maturities, 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 financial 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 agents for the payment of the prin- cipal amount of the bonds which are to be so redeemed and accrued interest thereon to the date fixed for redemption. If such written. notice of redemption is published and if due provision for such pay- ment 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 regarded as being outstanding except for the purpose of being paid by the paying agents with the funds so provided for such payment. IT IS HEREBY certified, recited, and covenanted that this bond has been duly and validly issued and delivered; that all acts , conditions, and things required or proper to be performed, exist, and be done precedent to or in the issuance and delivery of this bond have been performed, existed, and been done in accordance with law; that this bond is a general obligation of said City, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and princi- pal of this bond, as such interest comes due and such principal matures , have been levied and ordered to be levied against all tax- able property in said City, and have been pledged irrevocably for such payment, within the limit prescribed by law. IN WITNESS WHEREOF, this bond and the interest coupons appertaining hereto have been signed with the facsimile signature of the Mayor of said City and countersigned with the facsimile signature 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. xxxxxx xxxxxx City Clerk, City of Wichita Falls Mayor, City of Wichita Falls 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 -3- • 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 . 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 interest 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 maturity of the bond to which this interest coupon appertains, upon presentation and surrender of this interest coupon, at THE CHASE MANHATTAN BANK, NEW YORK, NEW YORK, or, at the option of the bearer, at the CITY NATIONAL BANK IN WICHITA FALLS, WICHITA FALLS, TEXAS, said amount being interest due that day on the bond, bearing the number hereinafter designated, of that issue of CITY OF WICHITA FALLS GENERAL OBLIGATION BONDS, SERIES 1968-A, DATED DECEMBER 1, 1968. Bond No. _ xxxxxx City Clerk o Mayor Section 6. That a special fund or account, to be desig- nated the "City of Wichita Falls General Obligation Bonds , Series 1968-A, Interest and Sinking Fund," is hereby created and shall be established and maintained by said City at an official depository bank of said City. Said Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of said City, and shall be used only for paying the interest on and principal of said bonds . All ad valorem taxes levied and collected for and on account of said bonds shall be deposited, as collected, to the credit of said Interest and Sinking Fund. During each year while any of said bonds or interest, coupons appertaining thereto are out- standing and unpaid, the City Council of said City shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the in- terest on said bonds as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of such bonds as such principal matures (but never less than 2% of the original principal amount of said bonds as a sinking fund each year) ; and said tax shall be based on the latest approved tax rolls of said City, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all tax- able property in said City for each year while any of said bonds or interest coupons appertaining thereto are outstanding and unpaid; and said tax shall be assessed and collected each such year and de- posited to the credit of the aforesaid Interest and Sinking Fund. -4- f . Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of said bonds , as such interest comes due and such principal matures , are hereby pledged irrevocably for such payment, within the limit prescribed by law. Section 7 . That the Mayor of said City is hereby authoriz- ed 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 8. That the Board of Aldermen officially finds , determines , and declares that said bonds have been duly advertised 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 de- livered to a syndicate managed or headed byl) e2 k)64-/o r.4_ � �-, being the b st 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 $ i voo,0C) . • • -5-