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O73-02KENNEDALE ORDINANCE NO. 73-2 ORDINANCE, AUTHORIZING THE ISSUANCE OF REVENUE BONDS THE STATE OF TEXAS COUNTY OF TARRANT . CITY OF KENNEDALE WHEREAS, the bonds hereinafter authorized were lawfully and favorably voted at an election duly held in said City on June 24, 1972; 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 1111 through 1118. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: Section 1. That the said City's bonds are hereby au- thorized to be issued in the aggregate principal amount of $140,000.00, for the purpose of improving and extending the Sewer System of said City. Section 2. That said bonds shall be designated as the CITY OF KENNEDALE WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1973. Section 3. That said bonds shall be dated March 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: YEARS 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 MATURITY DATE: SEPTEMBER 1. AMOUNTS 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 YEARS 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 AMOUNTS 5,000 5,000 5,000 5,000 5,000 .. 5,000 5,000 10,000 10,000, 10,000 -i5 8 Section 4. That the bonds scheduled to mature during the years, respectively, set forth below shall bear interest at the following rates: maturities 1974 through 1983, 5.50 % per annum, maturities 1984 through 1991, 6.00 7 per annum, maturities 1992 through 1995, 6.25 % per annum. 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 AMERICA 'STATE OF TEXAS COUNTY OF TARRANT CITY OF KENNEDALE WATERWORKS AND SEWER SYSTEM REVENUE BOND SERIES 1973 ON SEPTEMBER 1, 19_, THE CITY OF KENNEDALE, COUNTY OF TARRANT, STATE OF 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 September. 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: MERCANTILE NATIONAL BANK AT DALLAS, DALLAS, TEXAS. THIS BOND is one of a Series dated as of March 1, 1973, authorized ,issued, and delivered in the principal amount of $140,000.00, for the purpose of improving and extending the Sewer System or said City. -2- ON SEPTEMBER 1, 1993, 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-1 ten notice of redemption is published and if due provision for such payment is made, all as provided above, the bonds which are1 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. a 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 lienl 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 Secretary of said City, and the official seal of said City has been duly impressed, or placed in facsimile, on this bond. xxxxxxxx xxxxxxxx City Secretary 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 Stat.e of Texas. Witness my signature and seal this xxxxxxxx Comptroller of Public Accounts of the State of Texas.. -3- li NO. FORM OF INTEREST COUPON ON 1, 19, THE CITY OF KENNEDALE, COUNTY OF TARRANT, STATE OF 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 MERCANTILE NATIONAL BANK AT DALLAS, DALLAS, TEXAS, said amount being interest coming due that day on the bond, bearing the number hereinafter designated, of that issue of CITY OF KENNEDALE WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1973, dated MARCH 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 Secretary Mayor Section 7. (a) That the term "Outstanding Bonds," as herein- after used in this Ordinance, shall mean all of said City's presa 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 January 9, 1969, authorizing the issuance and delivery of said City's REVENUE REFUNDING BONDS, SERIES 1968, dated September 1, 1968. (c) That Sections 8 through 25 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 fi 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, f, 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 September 15 as -will be sufficient to pay the next maturing prin- cipal of the bonds authorized by this Ordinance. -4- Section 9. That in addition to all other amounts required by the ordinances, respectively, 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 hereafter, the amount of $135.00 until there has been accumulated the aggregate amount of $27,582.27 in said Reserve Fund. Thereafter, said aggregate amount shall- be maintained in said Reserve Fund, for the benefit of the Out- t, standing Bonds, the bonds authorized by this Ordinance, and all other Additional Bonds, in accordance with the procedures, as herein modified and supplemented, set forth in the ordinances, respectively, 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 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- chasers 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 1O3(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 1O3(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 meaning of the aforesaid Section 1O3(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 said bonds are hereby sold and shall be delivered to ALMON & COMPANY, DALLAS, TEXAS, for cash for the par value thereof and accrued interest thereon to date of delivery. ADOPTED AND APPROVED this 8th day of March, 1973. ATTEST: icC) APPROVED: Jew/e D. Boyd, City Secrary (CITY SEAL) -6- . CH:iL ,' Mayor of the City Of Kennedale, Texas