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Ord 3667 5/20/1980 CERTIFICATE FOR ORDINANCE AUTHORIZING THE 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 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 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, 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 "Aye NAYS : None. 2 . That a true , full , and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and fore- going 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 fore- going paragraph are the duly chosen, qualified , and acting offi- cers 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 Meet- ing, and that said Ordinance would be introduced and considered for passage at said Meeting, and each of said officers and mem- bers 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 P Mayor (SEAL) ORDINANCE NO. A<p4;27 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 lawfully and favorably voted at an election duly held in said City on JANUARY 26 , 1980; 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 an installment or series of said bonds; and WHEREAS , the bonds hereinafter authorized and designated were voted and are to be issued and delivered pursuant to Vernon' s Articles 823 , 1175 , and 6081f. 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 $3, 800, 000, for the purpose of providing $625 , 000 FOR LAYING OUT, CONSTRUCTING, AND IMPROVING STREETs IN SAID CITY; $1, 300 , 000 FOR CONSTRUCTING, IMPROVING, AND PROVIDING STORM DRAINAGE FACILITIES IN SAID CITY; $438 , 000 FOR PURCHASING AND IMPROVING LANDS FOR PUBLIC PARKS AND RECREATION PURPOSES ; $90 , 000 FOR CONSTRUCTING AND INSTALLING TRAFFIC CONTROL DE- VICES IN SAID CITY; $225 , 000 FOR PURCHASING, REMODELING, AND PERMANENTLY EQUIPPING A BUILDING TO PROVIDE MUNICIPAL COURT AND MUNICIPAL OFFICE FACILITIES IN SAID CITY; $600 , 000 FOR CONSTRUCTING AND PERMANENTLY EQUIPPING A MUNICIPAL CENTRAL SERVICE CENTER IN SAID CITY CONSISTING OF MUNICIPAL BUILD- INGS, OFFICES, AND OTHER PERMANENT IMPROVEMENTS TO BE USED FOR MUNICIPAL MAINTENANCE AND OPERATION PURPOSES , INCLUDING VEHICLE STORAGE AND REPAIR; $122 , 000 FOR REMODELING THE POLICE HEADQUARTERS BUILDING IN SAID CITY; and $400 , 000 FOR CONSTRUCTING, PROVIDING, AND PERMANENTLY EQUIPPING A SANI- TARY LAND FILL FOR SAID CITY, AND PURCHASING THE NECESSARY SITE THEREFOR. Section 2 . That said bonds shall be designated as the: "CITY OF WICHITA FALLS GENERAL OBLIGATION BONDS , SERIES 1980" . Section 3 . That said bonds shall be dated JUNE 15 , 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 , respectively, as set forth in the following schedule : MATURITY DATE: JUNE 15 YEARS AMOUNTS YEARS AMOUNTS 1982 $175 , 000 1992 $200 , 000 1983 175 , 000 1993 200 , 000 1984 175 , 000 1994 200 , 000 1985 175 , 000 1995 200 , 000 1986 175 , 000 1996 200 , 000 1987 175 , 000 1997 200 , 000 1988 175 , 000 1998 200 , 000 1989 175 , 000 1999 200 , 000 1990 200 , 000 2000 200 , 000 1991 200, 000 2001 200 , 000 -1- , 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 1982 , __ % maturities 1992 , 6,D % maturities 1983 , J-% maturities 1993 , % maturities 1984 , % maturities 1994 , , /( % maturities 1985 , ,',Q % maturities 1995 , % maturities 1986 , ; / % maturities 1996 , / % maturities 1987 , ,',/ % maturities 1997 , ,j, % maturities 1988 , ',/ % maturities 1998 , % maturities 1989 , o maturities 1999 , S e, % P, maturities 1990 , CJ % maturities 2000, % maturities 1991 , % maturities 2001, 6, % 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 scheduled 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 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 1980 ON JUNE 15 , , 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 DECEMBER 15 , 1980 , and semiannually thereafter while this bond is outstanding. THE PRINCIPAL of this bond and the interest coupons ap- pertaining hereto shall be payable to bearer, in lawful money for the United States of America, without exchange or collec- tion 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 . -2- THIS BOND is one of a Series dated as of JUNE 15 , 1980 , authorized, issued, and delivered in the principal amount of $3 , 800 , 000 for the purpose of providing $625 , 000 FOR LAYING OUT, CONSTRUCTING, AND IMPROVING STREETS IN SAID CITY; $1, 300 , 000 FOR CONSTRUCTING, IMPROVING, AND PROVIDING STORM DRAINAGE FACILITIES IN SAID CITY; $438 , 000 FOR PURCHASING AND IMPROVING LANDS FOR PUBLIC PARKS AND RECREATION PURPOSES; $90 , 000 FOR CONSTRUCTING AND INSTALLING TRAFFIC CONTROL DE- VICES IN SAID CITY; $225, 000 FOR PURCHASING, REMODELING, AND PERMANENTLY EQUIPPING A BUILDING TO PROVIDE MUNICIPAL COURT AND MUNICIPAL OFFICE FACILITIES IN SAID CITY; $600 , 000 FOR CONSTRUCTING AND PERMANENTLY EQUIPPING A MUNICIPAL CENTRAL SERVICE CENTER IN SAID CITY CONSISTING OF MUNICIPAL BUILD- INGS, OFFICES, AND OTHER PERMANENT IMPROVEMENTS TO BE USED FOR MUNICIPAL MAINTENANCE AND OPERATION PURPOSES , INCLUDING VEHICLE STORAGE AND REPAIR; $122 , 000 FOR REMODELING THE POLICE HEADQUARTERS BUILDING IN SAID CITY; and $400 , 000 FOR CONSTRUCTING, PROVIDING, AND PERMANENTLY EQUIPPING A SANI- TARY LAND FILL FOR SAID CITY, AND PURCHASING THE NECESSARY SITE THEREFOR. ON JUNE 15 , 1990 , 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 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 Agent" for the pay- ment 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 publish- ed and if due provision for such payment is made, all as pro- vided above, the bonds which are to be so redeemed thereby automatically shall be redeemed prior to their scheduled ma- turities , and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the bearer to receive the redemption price from the "Paying Agent" out of the funds pro- vided for such payment. IT IS HEREBY certified, recited, and covenanted that this bond has been duly and validly voted, 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 voting, authorization, 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 principal of this bond, as such interest comes due and such principal matures , have been levied and ordered to be levied against all taxable property in said City, and have been pledg- ed irrevocably for such payment, within the limit prescribed by law. IN WITNESS WHEREOF , this bond and the interst coupons ap- pertaining hereto have been signed with the facsimile signa- ture of the Mayor of said City and countersigned with the fac- simile signature of the City Clerk of said City, and the offi- cial 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 -3- 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. FORM OF INTEREST COUPON : NO. $ ON 15 , THE CITY OF WICHITA FALLS , in Wichita County, Texas , promises to pay to bearer the amount shown on this interest coupon, in lawful money of the United States of America, with- out 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 GENERAL OBLIGATION BONDS , SERIES 1980 , DATED JUNE 15 , 1980 . Bond No. xxxxxxxx xxxxxxx City Clerk Mayor Section 7. That a special "Interest and Sinking Fund" is hereby created solely for the benefit of said bonds , and said Interest and Sinking Fund shall be established and main- tained 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 col- lected, to the credit of said Interest and Sinking Fund. During each year while any of said bonds or interest coupons appertaining thereto are outstanding and unpaid, the govern- ing body 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 interest 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 delin- quencies 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 taxable 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 -4- r^ f 7. . assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. 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 8 . That the Mayor of said City is hereby author- ized to have control of said bonds and all necessary records and proceedings pertaining to said bonds pending their de- livery and their investigation , examination, and approval by the Attorney General of the State of Texas , and their regis- tration 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 9 . 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 rul- ings 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 meaning of the aforesaid Section 103 (c) , or any regulations or rulings pertaining thereto. Section 10 . That it is hereby officially found and de- termined: that a case of emergency or urgent public neces- sity 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 11. hat said bonds are he eby sold and shall be delivered to ,mil-�.�c�c cr/t�_A1/d�,�� cx ��r"� for cash for the Yr value therof and accrue interest thereon to date of delivery , plus a premium of $,,,, o4 . It is hereby officially found, determined, and declared that said bonds have been sold at public sale to the bidder offering the lowest interest cost, after receiving sealed bids pursuant to an Official Notice of Sale and Official Statement dated May 2 , 1980 , prepared and distributed in connection with the sale of said bonds . Said Official Notice of Sale and Official Statement have been and are hereby approved by the Board of Aldermen. It is further officially found, determin- ed, and declared that the statements and representations con- tained 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. -5-