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O65-04KENNEDALE ORDINANCE NO. 65-4 ORDINANCE AUTHORIZING THE ISSUANCE OF BONDS THE STATE OF TEXAS COUNTY OF TARRANT CITY OF KENNEDALE WHEREAS, the bonds hereinafter authorized were duly and favorably voted, as required by the Constitution and laws of the State of Texas, at an election held in said City on the 21st day of March, 1959; and WHEREAS, out of the bonds voted at said election, the following previously have been issued and delivered: $ 11,000 out of a voted total of $40,000 for the purpose of improving and extending the City's Waterworks System, represented by the bonds of Series 1960; and WHEREAS, the bonds hereinafter authorized are to be issued and delivered pursuant to Vernon's Articles 1111 through 1118, as amended. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE: Section 1. That said City's coupon bonds to be desig- nated the "City of Kennedale, Texas, Water and Sewer Revenue Bonds, Series 1965", are hereby authorized to be issued and de- livered in accordance with the Constitution and laws of the Stat of Texas in the principal amount of $29,000 for the purpose of improving and extending the City's Waterworks System. Section 2. That said bonds shall be dated March 1, 1965, shall be numbered consecutively from 1 through 9, shall be in the denomination of $5,000 each, except Bonds Numbers 1 through 4, in the denomination of $1,000 each, and shall mature and become due and payable serially on September 1 in each of the years, and in the amounts, respectively, as set forth in the following schedule: YEARS AMOUNTS YEARS AMOUNTS 1991 $ 4,000 1994 $ 5,000 1992 5,000 1995 5,000 1993 5,000 1996 5,000 Section 3. That said City shall have the right and option to redeem such bonds prior to their scheduled maturities, in whole, or in part, on March 1, 1985, or on any interest payment date thereafter, for the principal amount thereof plus accrued interest to the date fixed for redemption. At least thirty days before the date fixed for any such redemption, the City shall cause a written notice of such redemption to be published at least once in a financial publica- tion 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 to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If the written notice of redemption is published, and if due provision for payment is made, all as provided above, the bonds, which are to be so redeemed, thereby automatically shall be redeemed prior to maturity, and they shall not bear interest after the date fixed for redemption, and shall not be regarded as being outstanding except for the pur- pose of receiving the funds so provided for such payment. Section 4. That said bonds shall bear interest from their date, until maturity or redemption, at the rate of 5-1/2% per annum, with said interest to be evidenced by interest coupons payable on September 1, 1965, and semi-annually there- after on each March 1 and September 1. Section 5. That the principal of bonds shall be payable to bearer, in lawful and interest on said money of the United States of America, without exchange or collection the bearer, upon interest coupon, charges to presentation and surrender of proper bond or at the Mercantile National Bank at Dallas, Dallas, Texas, which place shall be the paying agent for said bonds. Section 6. That each of said bonds and interest coupons shall be signed by the imprinted or lithographed KENNEDALE ORDINANCE NO. 65-4 ORDINANCE AUTHORIZING THE ISSUANCE OF BONDS THE STATE OF TEXAS • COUNTY OF TARRANT CITY OF KENNEDALE WHEREAS, the bonds hereinafter authorized were duly and favorably voted, as required by the Constitution and laws of the State of Texas, at an election held in said City on the 21st day of March, 1959; and WHEREAS, out of the bonds voted at said election, the following previously have been issued and delivered: $ 11,000 out of a voted total of $40,000 for the purpose of improving and extending the City's Waterworks System, represented by the bonds of Series 1960; and WHEREAS, the bonds hereinafter authorized are to be issued and delivered pursuant to Vernon's Articles 1111 through 1118, as amended. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE: Section 1. That said City's coupon bonds to be desig- nated the "City of Kennedale, Texas, Water and Sewer Revenue Bonds, Series 1965", are hereby authorized to be issued and de- livered in accordance with the Constitution and laws of the State of Texas in the principal amount of $29,000 for the purpose of improving and extending the City's Waterworks System. Section 2. That said bonds shall be dated March 1, 1965, shall be numbered consecutively from 1 through 9, shall be in the denomination of $5,000 each, except Bonds Numbers 1 through 4, in the denomination of $1,000 each, and shall mature and become due and payable serially on September 1 in each of the years, and in the amounts, respectively, following schedule: YEARS AMOUNTS YEARS AMOUNTS 1991 $ 4,000 1994 $ 5,000 1992 5,000 1995 5,000 1993 5,000 1996 5,000 as set forth in the Section 3. That said City shall have the right and option to redeem.. such bonds prior to their scheduled maturities, in whole, or in part, on March 1, 1985, or on any interest payment date thereafter, for the principal amount thereof plus accrued interest to the date fixed for redemption. At least thirty days before the date fixed for any such redemption, the City shall cause a written notice of such redemption to be published at least once in a financial publica- tion 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 to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If the written notice of redemption is published, and if due provision for payment is made, all as provided above, the bonds, which are to be so redeemed, thereby automatically shall be redeemed prior to maturity, and they shall not bear interest after the date fixed for redemption, and shall not be regarded as being outstanding except for the pur- pose of receiving the funds so provided for such payment. Section 4. That said bonds shall bear interest from their date, until maturity or redemption, at the rate of 5-1/27 per annum, with said interest to be evidenced by interest coupons payable on September 1, 1965, and semi-annually there- after on each March 1 and September 1. Section 5. That the principal of and interest on said bonds 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 proper bond or interest coupon, at the Mercantile National Bank at Dallas, Dallas, Texas, which place shall be the paying agent for said bonds. Section 6. That each of said bonds and interest coupons shall be signed by the imprinted or lithographed facsimile signature of the Mayor of said City and countersigned by the imprinted or lithographed facsimile signature of the City Secretary of said City, and the official seal of said City shall be impressed, or printed, or lithographed on each of said bonds. Section 7. 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 bond, and the form of the interest coupons to be attached to said bonds, shall be, respectively, substantially as follows: (FORM OF BOND) NO. $ UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF TARRANT CITY OF KENNEDALE, TEXAS WATER AND SEWER SYSTEM REVENUE BOND SERIES 1965 On September 1, 19 , the City of Kennedale, in the County of Tarrant, State of Texas, promises to pay to bearer the principal amount of DOLLARS and to pay interest thereon, from the date hereof, at the rate of 5-1/2% per annum, evidenced by interest coupons payable September 1, 1965, and semi-annually thereafter on each March 1 and September 1 while this bond is outstanding. The principal of this bond and the interest coupons attached 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 Mercantile National Bank at Dallas, Dallas, Texas, which place shall be the paying agent for this Series of bonds. This bond is one of a Series of coupon March 1, 1965, issued in the principal amount of bonds dated $29,000 for the purpose of improving and extending the City' Waterworks System. The bonds of this Series may be redeemed prior to their scheduled maturities, in whole, or in part; at the option of said City, on March 1, 1985, or on any interest payment date thereafter, for the principal amount thereof plus accrued inter- est to the date fixed for redemption. At least thirty days be- fore the date fixed for any such redemption the 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 payment of the principal amount of the bonds to be redeemed, plus accrued interest thereon to the date fixed for redemption. If the 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 maturity, and they shall not bear interest after the date fixed for redemption, and shall not be regarded as being outstanding except for the purpose of receiving the funds so provided for such payment. It is hereby certified and recited that this bond has been duly and validly voted, authorized, issued, and delivered in accordance with the Constitution and laws of the State of Texas; and that the interest on and principal of this bond, and the Series of which it is a part, together with other outstand- ing 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 additonal 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. In witness whereof, this bond and the interest coupons attached hereto have been signed by the imprinted or lithographed facsimile signature of the Mayor of said City and countersigned by the imprinted or lithographed facsimile signature of the City Secretary of said City, and the official seal of said City has been duly impressed, or printed, or lithographed on this bond. City Secretary, City of Mayor, City of Kennedale Kennedale (FORM OF REGISTRATION CERTIFICATE) COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this bond has been examined, certified 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 Comptroller of Public Accounts of the State of Texas (FORM OF INTEREST COUPON) NO. $ On , 19 , the City of Kennedale, in the County of Tarrant, State of Texas, promises to pay to bearer, unless due provision has been made for the redemption prior to maturity of the bond to which this interest coupon is attached, the amount of Dollars, in lawful money of the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this interest coupon, at the Mercantile National Bank at Dallas, Dallas, Texas, said amount being interest due that day on the bond, bearing the number herein- after designated, of that issue of City of Kennedale, Texas, Water and Sewer Revenue Bonds, Series 1965, dated March 1, 1965. 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. City Secretary Mayor Section 8. That the term "Outstanding Bonds", as used herein, shall mean the outstanding bonds of the Water and Sewer Revenue Bonds, Series 1960, authorized by ordinance dated February 11, 1960. The Series 1965 Bonds authorized hereby are parity "Additional Bonds" as defined and permitted in the afore- said ordinance dated February 11, 1960, and Sections 9 through 24 of said ordinance are adopted by reference and shall be applicable to said Series 1965 Bonds for all purposes, except to the extent hereinafter specifically modified and supplemented. The Series 1965 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 Waterworks and Sewer of said obligations shall be on a parity and of in all respects. System, and all qual dignity Section 9. That, in addition to all other amounts required 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 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 1965 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, commencing September 1, 1990, as will be sufficient to pay the next maturing principal of said Series 1965 Bonds. Section 10. That, in addition to all other amounts required by the ordinance 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 sum of at least $27.35 until the aggregate amount of $16,040.60 shall have been accumulated in said Reserve Fund. In addition to all other amounts required to be deposited into said Reserve Fund by this Ordinance and by the Ordinance authorizing the Out- standing Bonds, on June 15, 1965, there shall be deposited into said Reserve Fund the amount of $432.00, and on the 15th day of each month thereafter there shall be deposited into said Reserve Fund the amount of $216.00, until an additional amount of $65,000.00 has been accumulated in said Reserve Fund. There- after said aggregate amount shall be maintained therein, for the benefit of the Outstanding Bonds, the Series 1965 Bonds, and all Additional Bonds, in accordance with the procedures, as herein modified and supplemented, set forth in the Ordinance authorizing the Outstanding Bonds. Section 11. That said bonds 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 obliga- tions out of any funds raised or to be raised by taxation. Section 12. 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 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 Regis- tration Certificate prescribed herein to be printed and endorsed on each bonds, and the seal of said Comptroller shall be im- pressed, or printed, or lithographed on each of said bonds. Section 13. That has submitted a bid to purchase said bonds for cash for the principal amount or par value thereof and accrued interest thereon to the date of delivery, plus a premium of $ It is hereby officially found, determined, and declared that said bidder is the highest bidder for said bonds; and said bonds are hereby sold to said highest bidder, as required by law, and shall be delivered as soon as practicable in accordance with the terms of sale. ADOPTED AND APPROVED this 27th day of May, 1965. ATTEST: (City Seal) A PPROVED: B. T. Webb, Mayor, City of Kennedale, Texas