Loading...
Ord 2404 3/25/1968 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 REGULAR MEETING ON THE 25TH DAY OF MARCH, 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 R. C. Rancier, Mayor Kenneth Hill Leroy Daniel James M. Davis Cletus C. Schenk Max Kruger 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, 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 and purpose 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 that said 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 constittute the signing of the attached and following copy of said Ordinance for all purposes. SIGNED AND SEALED the 25th day of March, l 0 1 ( /(1-:/// City Clerk Mayor (SEAL) ORDINANCE NO. 7,,,L0 ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER REVENUE BONDS THE STATE OF TEXAS • COUNTY OF WICHITA . CITY OF WICHITA FALLS : WHEREAS, $900,000 of the bonds hereinafter authorized for Waterworks System purposes were duly and favorably voted, as re- quired by the Constitution and laws of the State of Texas , at an election held in said City on the 8th day of December, 1960; and WHEREAS, out of the bonds voted at said election, the following previously have been issued and delivered: $5 ,600,000 out of a voted total of $6,500,000, for the purpose of improving and extending the Waterworks System of the City, repre- sented by the bonds of Series 1966, and Series 1966-A; and WHEREAS, the remaining $1,275 ,000 of bonds hereinafter authorized were duly and favorably voted, as required by the Con- stitution and laws of the State of Texas, at an election held in said City on the 13th day of February, 1968; and WHEREAS, the bonds hereinafter authorized are to be issued and delivered pursuant to Vernon' s Articles 1111 through 1118, and particularly Article 1118n-10. THEREFORE , BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA, FALLS, TEXAS: Section 1. That said City' s coupon bonds to be designat- ed the "CITY OF WICHITA FALLS WATER AND SEWER REVENUE BONDS, SERIES 1968, " are hereby authorized to be issued and delivered in the principal amount of $2 , 175 ,000, FOR THE PURPOSE OF PROVIDING $1,770,000 FOR IMPROVING AND EXTENDING SAID CITY'S WATERWORKS SYSTEM; and $405 ,000 FOR IMPROVING AND EXTENDING SAID CITY'S SEWER SYSTEM. Section 2 . That said bonds shall be dated FEBRUARY 1, 1968, shall be numbered consecutively from 1 THROUGH 435, shall be in the denomination of $5 ,000 EACH, and shall mature and become due and payable serially on FEBRUARY 1 in each of the years, and in the amounts, respectively, as set forth in the following schedule : YEARS AMOUNTS YEARS AMOUNTS 1970 $100,000 1979 $125,000 1971 100,000 1980 125,000 1972 100,000 1981 125 ,000 1973 100,000 1982 125,000 1974 100,000 1983 125,000 1975 100,000 1984 125,000 1976 100,000 1985 125 ,000 1977 100,000 1986 125,000 1978 125,000 1987 125,000 1988 125,000 -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 1970 through 19'3 , % maturities 191'f th-naugh--19-- y* maturities 19 through 191L, t�'l % maturities 1961 through 1%/4- , y-'/ 7o maturities 19 ; through l9 , % 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 WATER AND SEWER REVENUE BOND SERIES 1968 ON FEBRUARY 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 AUGUST 1, 1968, and semi-annually thereafter on each FEBRUARY 1 and AUGUST 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 -2- of this bond or proper interest coupon at THE CHASE MANHATTAN BANK (NATIONAL ASSOCIATION) , 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. THIS BOND is one of a Series of coupon bonds dated FEBRUARY 1, 1968, issued in the principal amount of $2, 175 ,000, FOR THE PURPOSE OF PROVIDING $1, 770,000 FOR IMPROVING AND EXTEND- ING SAID CITY'S WATERWORKS SYSTEM, and $405,000 FOR IMPROVING AND EXTENDING SAID CITY' S SEWER SYSTEM. ON FEBRUARY 1, 1983, OR ON ANY INTEREST PAYMENT DATE THEREAFTER, 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 pub- lished at least once in a financial publication published in the City of New York, New York. By the date fixed for any such re- demption due provision shall be made with the paying agents for the payment of the principal 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 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 regarded as being outstanding except for the purpose of being paid by the paying agents with the funds so pro- vided 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 per- formed, 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; and that the interest on and princi- pal of this bond, and the Series of which it is a part, together with other outstanding waterworks and sewer system revenue bonds of said City, are secured by and payable from 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, or adopted by reference, in the Ordinance authorizing this Series of bonds, to issue additional parity revenue bonds which also may be secured by and made payable from a first lien on and pledge of the Net Revenues of said City' s Waterworks and Sewer System. 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. -3- 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. xxxxxxxx xxxxxxxx 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, cer- tified 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 . 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 (NATIONAL ASSOCIATION) , 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 herein- after designated, of that issue of CITY OF WICHITA FALLS WATER AND SEWER REVENUE BONDS, SERIES 1968, DATED FEBRUARY 1, 1968. The holder hereof shall never have the right to demand payment of this obli- gation out of any funds raised or to be raised by taxation. Bond No. . • xxxxxxxx xxxxxxxx City Clerk Mayor Section 6. That the term "Outstanding Bonds ," as used herein, shall mean the outstanding bonds of the following issues of said City: -4- • Water and Sewer Revenue Bonds, Series 1963, authorized by ordinance dated August 1, 1963; Water and Sewer Revenue Bonds , Series 1966 , authorized by ordinance dated February 8, 1966; Water and Sewer Revenue Bonds, Series 1966-A, authorized by ordinance dated November 21, 1966. The Series 1968 Bonds authorized hereby are parity "Additional Bonds" as defined and permitted in the aforesaid ordinance dated August 1, 1963, and Sections 8 through 23 of said ordinance are adopted by reference and shall be applicable to said Series 1968 Bonds for all purposes , except to the extent hereinafter specifi- cally modified and supplemented. The Series 1968 Bonds and the Outstanding Bonds are and shall be secured by and payable from a first lien on and pledge of the Net Revenues of said City' s Water- works and Sewer System, and all of said obligations shall be on a parity and of equal dignity in all respects . It is hereby certi- fied and recited that the City' s First Mortgage Waterworks Revenue Bonds , Series 1947, and its Sewer Revenue Bonds, Series 1949, have been duly redeemed prior to maturity, cancelled, and are no longer outstanding; and said bonds do not constitute an encumbrance on the Net Revenues of the City's Waterworks and Sewer System for any purpose. Section 7 . That, in addition to all other amounts re- quired by the ordinances 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 equal monthly installments, made on or before the 15th day of each month hereafter, as will be sufficient to pay the interest scheduled to come due on said Series 1968 Bonds- on the next interest payment date; and (b) such amounts, in equal monthly installments, made on or before the 15th day of each month, commenc- ing February 15 , 1969, as will be sufficient to pay the next maturing principal of said Series 1968 Bonds . Section 8. That, in addition to all other amounts re- quired by the ordinances authorizing the Outstanding Bonds, there shall be deposited into the Reserve Fund, created for the benefit of said Outstanding Bonds and all Additional Bonds , on or before the 15th day of each month, commencing May 15, 1968, the sum of at least $2, 750 until the aggregate amount of $845,100 shall have been accumulated in said Reserve Fund. Thereafter said aggregate amount shall be maintained therein, for the benefit of the Outstanding Bonds, the Series 1968 Bonds, and all Additional Bonds, in accor- dance with the procedures , as herein modified and supplemented, set forth in the ordinances authorizing the Outstanding Bonds. -5- • Section 9. That the Series 1968 Bonds are and shall be special obligations of said City, and the holder or holders thereof shall never have th e right to demand payment of said obligations out of any funds raised or to be raised by taxation. Section 10, That the Mayor of said City is hereby authorized to have control of said bonds and all necessary records and proceedings pertaining to said bonds pending their delivery and 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 regis- tration 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 11. 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 delivered to a syndicate managed or headed by 0 1;,0 riwc"" ,\ i u �vNAu.; being 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 $ - 0 - . _6_