Loading...
HomeMy WebLinkAboutOrdinances (O-75-195)-01/21/1975 , ORDINANCE 0-75-195 . "\TC)Jj fJr.:IB J11 "Dum ~/ 7 .L .it'.].:.":J ,<, AN ORDINANCE 1;>y the City Council of the City of Colleyville, Texas, authorizing the issuance of $1,400,000 "CITY OF COLLEYVILLE, TEXAS, WATERWORKS REVENUE CERTIFICATES OF OBLIGATION, SERIES 1975," dated January 1, 1975, for the purpose of acquiring an existing utility system to wit: a waterworks ~i~tribution system; making provision for the payment and security of such obligations; and declaring an emergency. WHEREAS, under the provisions of Article 2368.1, V.A.T.C.S., the governing body of a City is authorized to i~sue .c~rtificates of obligation payable from revenues for the purpose of acquiring an existing utility system; and WHEREAS, pursuant to a resolution heretofore passed by this governing body, notice of intention to issue certificates of obligation of this City payable from net revenues of the City's waterworks system, in an amount not to exceed. $1,400,000 for the purpose of acquiring an existing utility system, to wit: a waterworks distribution system, in order that the same may be a part of the City1s water supply and distribution system, was duly published in a newspaper of general circulation in. said City on the ~ day of~an 1975, and the 21st day of Jan. , l~the day aT die first publication of said notice being at least fourteen (14) days prior to the date set for the passage of this ordinance; and WHEREAS, no petition of any kind or character has been filed with the City Secretary, any member of the Councilor any other official of the City, protesting the issuance of such certificates; and WHEREAS, this Council is now authorized and empowered to proceed with the issuance of said certificates of obli- gation and to sell the same for cash; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: . SECTION 1: That for the purpose of acquiring an existing utillty system, to wit: a waterworks distribution system, in order that the same may be a part of the City's water supply and distribution system, there shall be and there is hereby ordered to be issued, under and by virtue of the Constitution and laws of the State of Texas, particularly Article 2368a.1, V.A.T.C.S., a series of certi- ficates of obligation of the City of Colleyville, Texas, to be known as "CITY OF COLLEYVILLE, TEXAS, WATERWORKS REVENUE CERTIFICATES OF OBLIGATION, SERIES 1975," in the principal amount of ONE MILLION FOUR HUNDRED THOUSAND DOLLARS ($1,400,000), payable from and secured by a first lien on and pledge of the net revenues of the City's Waterworks System. SECTION 2: That said certificates shall be dated January 1, 1915, shall be numbered consecutively from one (1) through two hundred eighty (280), shall each be in the denomination of Five Thousand Dollars ($5,000), and shall ~ become due and payable serially on January 1 in each of the years in accordance with the following schedule: ~ -. .,.... ;.-. JP ~ "':A[ ~--~< CERTIFICATE NUMBERS II (All inclusive) YEAR AMOUNT 1 1978 $ 5,000 2 1979 5,000 3 and 4 1980 10,000 5 and 6 1981 10,000 7 and 8 1982 10,000 9 and 10 1983 10,000 11 to 13 1984 15,000 14 to 16 1985 15,000 17 to 19 1986 15,000 20 to 23 1987 20,000 24 to 27 1988 20,000 28 to 31 1989 20,000 32 to 36 1990 25,000 37 to 41 1991 25,000 42 to 46 1992 25,000 47 to 52 1993 30,000 51 to 58 1994 30,000 59 to 65 1995 35,000 66 to 72 1996 35,000 73 to 80 1997 40,000 81 to 88 1998 40,000 89 to 97 1999 45,000 98 to 106 2000 45,000 107 to 116 2001 50,000 117 to 127 2002 55,000 128 to 138 2003 55,000 139 to 150 2004 60,000 151 to 161 2005 55,000 162 to 172 2006 55,000 173 to 183 2007 55,000 184 to 195 2008 60,000 196 to 207 2009 60,000 208 to 220 2010 65,000 221 to 232 2011 60,000 233 to 244 2012 60,000 245 to 256 2013 60,000 257 to 268 2014 60,000 269 to 280 2015 60,000 PROVIDED, HOWEVER, the City reserves the right to redeem the certificates of this series maturing on January 1, 1987, and subsequent, in whole or in part (but in inverse numerical order if less than all), on January 1, 1986, or any interest payment date thereafter, at the price of par and accrued interest to the date of redemption; and, in addition, during the period of time any of the certificates of this series are registered in the name of the initial purchaser (Farmers Home Administration), the City reserves the right to redeem any of such certificates at any time at the price of par and accrued interest; PROVIDED, FURTHER, that at least thirty (30) days prior to a date any certificates are to be redeemed, notice of redemption signed by the City Secretary (specifying the serial numbers and amount of certificates to be redeemed) shall have been filed with the paying agent named in each of said certificates; and if by .---.--....--- the date so fixed for redemption the City shall have made available funds in amounts to pay the certificates called for redemption and accrued interest thereon, any certificate or certificates not presented for redemption pursuant to said notice shall cease to bear interest from and after the date so fixed for redemption. VOLUME '1JI_PAGE~ SECTION 3: That said certificates shall bear interest from-the date of their delivery to the purchaser until paid at the rate of 5% per annum; and said interest shall be payable January 1 next following the delivery date and annually thereafter on January 1 of each year. An endorsement by the City Secretary indicating the date of delivery shall be placed on each certificate in the registration ledger provided in Section 7 hereof. SECTION 4: That said certificates shall be payable as to principal and interest to the registered holder thereof in lawful money of the United States of America, without exchange or collection charges, at the paying agent. The principal of said certificates shall be paid as they mature upon presentation and surrender thereof; and, interest shall be paid to the registered holder or holders of such certificates without their presentation. SECTION 5: The seal of said City may be impressed on each of saId certificates, or, in the alternative, a facsimile of such seal may be printed on the said certifi- cates. The certificates may be executed by the imprinted facsimile signatures of the Mayor and City Secretary of the City and execution in such manner shall have the same effect as if such certificates had been signed by the Mayor and City Secretary in person by their manual signatures. Inasmuch as such certificates are required to be registered by the Comptroller of Public Accounts for the State of Texas, only his signature (or that of a deputy designated in writing to act for the Comptroller) shall be required to be manually subscribed to such certificates in connection with his registration certificate to appear thereon, as hereinafter provided, all in accordance with the provisions of Article 7l7j-l, V.A.T.C.S. SECTION 6: That the certificates shall be in conformity with the provIsions of this ordinance and shall be in the form prescribed by bond counsel, attached hereto &S Exhibit A and made a part hereof for all purposes. The Comptroller's Registration Certificate shall be substantially in the following form and shall be printed on the back of each certificate: STATE OF TEXAS I I I REGISTER NO. OFFICE OF COMPTROLLER I HEREBY CERTIFY that there is on file and of record in my office a certificate of the Attorney General of the State of Texas to the effect that this certificate has been examined by him as required by law, and that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas, and that it is a valid and binding special obligation of the City issuing the same, payable from the revenues pledged to its payment by and in the ordinance authorizing same, and said certificate has this day been registered by me. WITNESS MY HAND AND SEAL OF OFFICE at Austin, Texas, Comptroller of Public Accounts of the State of Texas VOLUME_ -rrl P ~ "'l;'\ _-#I- AGE' ~ - SECTION 7: Both principal of and interest on the series of certificates shall be payable only to the regis- tered owner or owners thereof as the same appears on the books of the Registrar. The City Secretary shall serve as Registrar for this issue of certificates and the transfer of title to any certificates of this series shall be accom- plished only upon surrender of the certificates desired to be transferred at the office of the City Secretary, together with an assignment duly executed by the registered owner in such form and with such guaranteed signatures as shall be satisfactory to the Registrar. Upon any such transfer of title, the Registrar shall (i) note in the Registration Books for this issue of certificates the serial numbers of the certificates transferred, the date of transfer and the name of the new registered owner; and (ii) endorse the Registration Ledger on each certificate submitted for transfer by inserting the date of registration (the date of transfer), the name of the new registered owner and signing the same. The person whose name appears on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes and payment of or on account of the principal of and interest on any such certificates shall be made only to or upon the order of the registered owner thereof or his legal representative, and no party in interest shall be affected by any notice to the contrary. When delivered the certificates shall be registered in the name of the initial purchaser in the manner provided in this Section. . The Registration Ledger to be printed on the back of each certificate shall be substantially in the following form: REGISTRATION LEDGER Date of Registration Registered Owner Registrar IS Authorized Signature SECTION 8: For all purposes of this ordinance, the following defrnitions are provided: (a) The term "Reserve Fund Amountll shall mean the total amount required to be accumulated in the Reserve Fund to provide security for the payment of certificates, and during the time the certificates authorized hereunder are outstanding, such amount shall be not less than $ 83.000.00 (b) The term IIbond counselll shall mean the law firm of Dumas, Huguenin, Boothman and Morrow, Attorneys at Law, Dallas, Texas. ---.------.---- (c) The term "certificates" means the certificates authorized by this ordinance and obligations (bonds or cer- tificates) issued on a parity therewith. (d) The term "Cityll shall mean the incorporated municipality known as the City of Colleyville, Texas. VOLUME J1f PAGE :l.:1/ (e) The term "City Secretary" shall mean the person who acts as City Secretary or City Clerk of the City~ irrespective of the particular title given to such official. (f) The term "fiscal year" shall mean the twelve-month operational period of the system ending each year on Sept.-~ (g) The term "maintenance and operation expenses" shall mean only those expenses required or permitted by the provisions of Article 1113, V.A.T.C.S. I to be a first lien and charge against the income of the system. (h) The term "Reserve Fund Deposits" shall mean the monthly deposits required to be made to the Reserve Fund for purposes of accumulating and maintaining the Reserve Fund Amount, and during the time the certificates authcrized hereunder are outstanding, such monthly deposits shall equal not less than $ 691.67 (i) The term "net revenues" shall mean all income and revenues of the system less maintenance and operation expenses. (j) The term "paying agent" shall mean Farmers Horne Administration, Finance Office, St. Louis, Missouri. (k) The term "system" shall mean and include the waterworks system of the City, together with any additions and extensions thereto and improvements and replacements thereof hereafter contracted or acquired. SECTION 9: All of the net revenues of the system, with the exception of those in excess of the amounts"re- quired to establish and maintain the Funds as hereinafter provided, are hereby irrevocably pledged for the payment of the certificates and the interest thereon, and it is hereby ordained that the certificates and the interest thereon shall constitute a first lien upon said net revenues. SECTION 10: The City covenants and agrees with the holders of the-certificates: (a) That it will at all times charge and collect for services rendered by the system rates sufficient to pay all operating, maintenance, depreciation, replacement and betterment expenses, and other costs deductible in determining net revenues and to pay the interest on and principal of the certificates and to establish and maintain the Funds as hereinafter provided; (b) If additional certificates are issued, or if the system should become legally liable for any other indebtedness, the City will fix and maintain rates and collect charges for the services of the system sufficient to discharge such indebtedness. SECTION 11: All revenues derived from the operation of the system-Shall be kept separate from other funds of the City. To that end the following special Funds are hereby created: (a) Waterworks System Fund, hereinafter called "System Fund". This Fund shall be kept in the City's depository bank. "lTflT Try"", ~ \,' .......J.J Ui'~_ ~ t r~~"" 'J" '? _..4.1.v..'.J ~~ ~- (b) Waterworks System Interest and Sinking Fund, hereinafter called "Interest and Sinking Fundi'. This Fund shall be deposited with the City's depository bank as Trustee of the pledged revenues, and shall be used to pay principal of and interest on the certificates when and as the same shall become due and payable. (c) Waterworks System Reserve Fund, hereinafter called "Reserve Fund". This Fund shall be deposited with the Cityls depository bank as Trustee of the pledged revenues, and shall be used to pay principal of and interest on the certificates falling due at any time when there is not sufficient money available in the Interest and Sinking Fund. Nothing herein shall be construed as prohibiting the placing of the name of the City at the beginning of the name of each Fund if it is found the same will assist in identification thereof. SECTION 12: All revenues of every nature received through the operation of the system shall be deposited frem day to day as collected into the System Fund, and the reason- able and proper expenses of operating and maintaining the system as set forth in Section 8 (g) hereof shall be paid therefrom upon approval of this governing body. All revenues of the system not actually required to pay expenses and costs incurred as permitted by this Section shall be anpro- priated and used for the purposes and in the order of precedence hereinafter set forth. SECTION 13: Immediately following the delivery of certificates,~he City Treasurer shall (i) calculate the amount of debt service requirements to become due on the certificates delivered (the amount of principal and interest, either or both) on the interest payment date next following the delivery of such certificates; and (ii) cause to be deposited to the Interest and Sinking Fund on or before the 15th day of each month between the date of delivery of such certificates and the interest payment date next following in substantially equal monthly amounts so that the full amount of such debt service requirements will be on deposit not less than fifteen (15) days prior to the initial interest payment date on the certificates delivered; provided, however, if any certificates are delivered within tWenty (20) days of an interest payment date, then the full amount of the debt service requirements to become due on the certificates delivered shall be deposited to the Interest and Sinking Fund. Thereafter, on or before the 15th day of January following the delivery of certificates and on or before the 15th day of each month thereafter the City shall deposit in said fund an amount of money equal to not less than 1/12 of the next annual debt service requirement. Said monthly deposits shall continue to be made until such time as the amounts on deposit in the Interest and Sinking Fund and Reserve Fund are equal to the amount of the outstanding indebtedness which said Funds were established to pay. In the event the income and revenues of the system are insuffi~ient in any month to make the required deposits aforesaid in full accordance with the provisions hereof, then the amount of any deficiency shall be added to the amount otherwise required to be deposited in said Fund in the next month until all deficiencies are rectified. Any proceeds of the certificates found not to be req~ired for the improvements and extensions to the system in accordance witl1 the authority for the issuance of such bonds shall also be placed in this Fund, VOLUME 7lf. PAGE (.JE which shall reduce by such amount the- sums which would otherwise be required to be placed therein from the revenues of the system. SECTION 14: Reserve Fund. The Reserve Fund shall be used to pay principal of or interest on the certificates falling due at any time when there is insufficient money available in the Interest and Sinking Fund. Until the Reserve Fund Amount (specified in the definition contained in Section 8 hereof) has been accumulated, Reserve Fund Deposits (as specified in definition in Section 8 hereof) shall be made on or before the 15th day of each month and the initial Reserve Fund Deposits shall be made on or before the 15th day of the second January following the delivery of any certificate or certificates of this series. Should any funds be withdrawn from such Fund after the Reserve has been fully accumulated, then Reserve Fund Deposits shall be resumed and continued to be made on or be- fore the 15th day of each month until the Reserve Fund Amount has been again accumulated. Money in the Reserve Fund, at the option of the City, may be invested or reinvested from time to time in direct obligations or obligations the principal and interest of which are guaranteed by the United States of America or invested in direct obligations of or participation certificates guaranteed by the Federal Intermediate Credit Banks, Federal Land Banks, Federal National Mortgage Association, Federal Home Loan Banks, Banks for Cooperatives, and in certificates of deposit of any bank or trust company the deposits of which are fully secured by a pledge of securities of any of the kinds hereinabove specified, such obli- gations or securities to mature in not more than ten years from date of such investment. Any obligations in which money is so invested shall be kept in escrow in the City's depository bank and shall be promptly sold and the proceeds of sale applied to the making of payments required to be made from the Reserve Fund whenever such payments are necessary to be made. The Reserve Fund Deposits shall be subordinate to those required to be made into the Interest and Sinking Fund. SECTION 15: If in any month the City shall, for any reason, fail to pay into the Interest and Sinking Fund and Reserve Fund the full amounts above stipulated, amounts equivalent to such deficiencies shall be set apart and paid into said Funds from the first available and unallocated net revenues of the following month or months and such payments shall be in addition to the amounts hereinabove provided to be otherwise paid into said Funds during each month or months. SECTION 16: Any revenues in excess of those required to establish and maintain the Funds as hereinabove required may be used for the redemption of the certificates, or may be transferred to the general fund of the City and used for general or special purposes. SECTION 17: All Funds for which this ordinance makes provision (except any portion thereof as may be at any time ____._____properly invested) shall be secured i~ ~he manner and to t~e fullest extent required by the laws ot lexas for the secur1ty of public funds, and such Funds shall be used for the purposes permitted by this ordinance. SECTION 18: In addition to the right to issue certificates or revenue bonds of inferior lien as authorized by the laws of this State, the City reserves the right hereafter to issue additional parity certificates. The ----.r-- ~ 'V OL tn;E; -, Ii]~ 1 ") J.J..J-- -JlC~ E ~ additional certificates, when issued, shall be payable from and secured by a first lien on and pledge of the net revenues of the system in the same manner and to the same extent as are the certificates authorized by this ordinance, and the certificates and the additional certificates shall in all respects be of equal dignity. The additional certificates may be issued in one or more installments, provided, however, that none shall be issued unless and until the following conditions have been met: (a) The City is not then in default as to any covenant, condition or obligation prescribed by the ordinances.authorizing the certificates. (b) Each of the Funds created by this ordinance contains the amount of money then required to be on deposit therein. (c) The net earnings of the system for (i) the Cityls completed fiscal year next preceding the adoption of an ordinance authorizing the issuance of the proposed additional certificates, of (ii) the twelve (12) months next preceding the adoption of such ordinance are equal to at least 1.20 times the average annual principal and interest requirements of all the certificates to be secured by a first lien on and pledge of the net revenues of the system after giving effect to the issuance of the proposed additional certificates, as such net earnings are shown by a report by a Certified Public Accountant or a Licensed Public Accountant. The term "net earnings" as used in this Section shall mean the gross revenues after deducting the expense of operation and maintenance, but not deducting depreciation or expenditures which, under standard accounting practice, should be charged to capital expenditures. (d) The additional certificates are made to mature on January 1 of each of the years in which they are. scheduled to mature. (e) The ordinance authorizing issuance of the additional certificates provides for the accumulation in the Interest and Sinking Fund of amounts sufficient to pay the principal of and interest on such additional certificates as same mature. (f) The ordinance authorizing issuance of additional certificates provides that the amount to be accumulated and maintained in the Reserve Fund (including the amount required to be deposited therein by the provisions of this ordinance) will be equal to not less than the average annual principal and interest requirement for all obligations similarly secured and on a parity with the certificates which will be outstanding after giving effect to the issuance of the proposed additional obligations (such average annual requirement to be . calculated on a fiscal year basis as of the date of the proposed additional obligations). Any additional Reserve Fund Amount shall be required (by such authorizing ordinance) to be accumulated therein within ten calendar years of the date of such proposed additional bonds. PROVIDED, HOWEVER, any or all of the conditions here- inabove set forth for the issuance of additional obligations, VOLUME 1]tPAGE.:<:25 - may be waived by an instrument or instruments in writing executed by the holders of at least 75% of the principal amounts of certificates outstanding. The certificates may be refunded (pursuant to any law then available) upon such terms and conditions as the City Council of the City may deem to the best interest of the City and its inhabitants, and if less than all such outstanding certificates are refunded, the proposed refunding bonds shall be considered as "additional obligations" under the provisions of this Section, and the report required in subdivision (c) shall give effect to the issuance of the proposed refunding bonds (and shall not give effect to obligations being refunded following their cancellation or provision being made for their payment). SECTION 19: The City shall maintain the system in good condition-and operate the same in an efficient manner and at reasonable cost. So long as any of the certificates are outstanding, the City agrees to maintain insurance for the benefit of the holder or holders of the certificates on the system of a kind and in an amount which usually would be carried by private companies engaged in a similar type of business. Nothing in this ordinance shall be construed as requiring the City to expend any funds derived from sources other than the operation of the system, but nothing herein shall be construed as preventing the City from doing so. SECTION 20: The City hereby covenants and agrees that so long as any of the certificates or any interest thereon remain outstanding and unpaid, it will keep and maintain a proper and complete system of records and accounts pertaining to the operation of the system in which complete and correct entries shall be made of all transactions relating to said system, as provided in Article 1113, V.A.T.C.S., and that the holder or holders of any of the certificates or any duly authorized agent or agents of such holders shall have the right at all reasonable times to inspect all such records, accounts and data relating thereto, and to inspect the system and all properties comprising same. The City further agrees that within sixty (60) days following the close of each fiscal year, it will cause an audit of such books and accounts to be made by an independent firm of Certified Public Accountants or Licensed Public Accountants. Each such audit, in addition to whatever other matters may be thought proper by the Accountant, shall particularly include the following: (a) A detailed statement of the income and expendi- tures of the system for such fiscal year; (b) A balance sheet as of the end of such fiscal year; (c) The Accountantls comments regarding the manner in which the City has carried out the requirements of this ordinance and his recommendations for any changes or improvements in the operation, records and accounts of the system; (d) A list of the insurance policies in force at the end of the fiscal year on the system properties, setting out as to each policy the amount thereof, the risk covered, the name of the insurer, and the policy's expiration date; (e) A list of the securities which have been on deposit VOLUl.1E ~ PAGE'~ as security for the money in the Interest and Sinking Fund throughout the fiscal year, a list of the securities, if any, in which the Reserve Fund has been invested, and a statement of the manner in which money in the System Fund has been secured in such fiscal year; (f) The number of properties connected with the system. Expenses incurred in making the audits above referred to are to be regarded as maintenance and operating expenses and paid as such. The City shall furnish to any holder of any of the certificates at the written request of such holder, not more than thirty (30) days after the close of each six months' fiscal period, complete operating and income statements of the system in reasonable detail covering such six months' period, and not more than sixty (60) days after the close of each fiscal year, complete operating statements of the system in reasonable detail covering such fiscal year, certified by independent auditors. SECTION 21: In addition to all the rights and remedies proviaed by tne laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Funds herein established, or (b) defaults in the observance or performance of any other of the covenants, conditions or obligations set forth in this ordinance, the holder or holders of any of the certificates shall be entitled to a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition, or obligation prescribed in this ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power, or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumu- lative of all other existing remedies and the specification to such remedies shall not be deemed to be exclusive. SECTION 22: follows: The City hereby further covenants as (a) That it has the lawful power to pledge the revenues supporting this issue of certificates and has lawfully exercised said powers under the Constitution and laws of the State of Texas, including said power existing under Articles 1111 et seq., and Article 2368a.1, V.A.T.C.S., that the certificates shall be ratably secured under said pledge of income in such manner that one certificate shall have no preference over any other certificate of said issue. (b) That other than for the payment of the certificates, the rents, revenues, and income of the system have not in any manner been pledged to the payment of any debt or obligation of the City or of the system. (c) That, as long as any certificates or any \/C)LT,",~I~'ll~ -:I[( n'" '" ~ '1 L .J..- .li \..7 L.r p{ ~ interest thereon remain outstanding, the City will not sell, lease, or encumber the system or any substantial part thereof, provided that this shall not be construed to prohibit the sale of such machinery, or other properties or equipment which has become obsolete or otherwise unsuited to the efficient operation of the system; also, with the exception of additional obligations issued in accordance with the terms and conditions of this ordinance, it will not encumber the revenues thereof unless such encumbrance is made junior and subordinate to all of the provisions of this ordinance. (d) That no free service of the system shall be allowed, and should the City or any of its agents or instrumentalities make use of the services and facilities of the system, payment of the reasonable value thereof shall be made by the City out of funds from sources other than the revenues and income of the system. (e) To the extent that it legally may, the City further covenants and agrees that, so long as any of the certificates or any interest thereon are outstanding, no franchise shall be granted for the installation or operation of any competing water- works system, that the City will prohibit the operation of any water system other than that owned by the City, and the operation of any such system by anyone other than the City is hereby prohibited. SECTION 23: The certificates are special obligations of the City payable from the pledged revenues, and the holders thereof shall never have the right to demand payment thereof out of funds raised or to be raised by taxation. SECTION 24: Each of the certificates herein authorized shall be deemea and construed to be a "security", and as such a negotiable instrument, within the meaning of Article 8 of the Uniform Commercial Code. SECTION 25: The Mavor shall be and he is hereby authorized to~ake and hav~ charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas, and shall take and have charge and control of the certificates herein authorized pending their approval by the Attorney General and their registration by the Comptroller of Public Accounts, and delivery to the purchasers thereof. -.------ SECTION 26: That the sale of the certificates to the United States-of America, Farmers Home Administration, U. S. Department of Agriculture at the price of par is hereby confirmed. Delivery of the certificates shall be made to said purchaser as soon as may be after the adoption of this ordinance, upon pa~nent therefor in accordance with the terms of sale. SECTION 27: That the City hereby covenants that the proceeds from-rhe sale of said certificates will be used as soon as practicable for the purpose for which said certifi- cates are issued; that such proceeds will not be invested in any securities or obligations except for the temporary VOLUME ::lJT .PAGE,:;;2/ ~ period pending such use; and that such proceeds will not be used directly or indirectly so as to cause all or any part ,I of said certificates to be or become I'arbitrage" obligations within the meaning of Section l03(d) of the Internal Revenue i Code of 1954, as amended, or any regulations or rulings prescribed or made pursuant thereto. SECTION 28: The fact that it is to the best interest of the City tnat the City proceed to acquire the said waterworks system (as hereinabove set out) be effected at the earliest possible date creates this an emergency measure for the ~ediate preservation of the public peace, health and safety requiring that this ordinance be passed as an emergency measure, and this ordinance is accordingly passed as an emergency measure and shall take effect and be in force and effect from and after its passage. PASSED AND APPROVED this 1975. e, ATTEST: j?)'( X~~40 t1?<</.n-u~~ City Secretary, City of C eyville, Texas (City Seal) ----- -~---- .,.....,. ., ,~..~~..,,~....:.-;- EXHIBIT "A" VOLUMZ ffi PAGE >>.f UNITED STATES OF AMERICA STATE OF TEXAS $5.000 NO. COUNTY OF TARRANT CITY OF COLLEYVILLE, TEXAS, WATERWORKS REVENUE CERTIFICATE OF OBLIGATION, SERIES 1975 THE CITY OF COLLEYVILLE, a municipal corporation of the State of Texas. acknowledges itself indebted to and FOR VALUE RECEIVED hereby promises to pay to the registered owner or holder. as hereinafter stated, the sum of FIVE THOUSAND DOLLARS ($5.000), in lawful money of the United States of America. on the FIRST DAY OF JANUARY, . with interest thereon from the date of delivery of this certificate to the pur- chaser until paid at the rate of FIVE PER CENTUM (5%) per annum. payable on January I next following its delivery date, and annually thereafter on January I in each year. Principal and interest are payable only to the registered owner or holder as the same appears on the books of the Registrar (the City Secretary of the City of Co1leyville. Texas,) for the issue of certificates of which this certificate is one; principal is payable upon presentation and surrender of the certificate on its due date aforesaid. --~--- BOTH PRINCIPAL of and interest on this certificate are hereby made payable at the Finance Office of the Farmers Home Administration, St. Louis, Missouri, without exchange or collection charges to the registered owner, and the City of Colleyvi1le, Texas, is hereby held and firmly bound to apply the pledged appropriated net revenues of its Waterworks System to the prompt payment of principal and interest on this certificate at maturity and to pay said principal and interest as they mature. THIS CERTIFICATE is one of a series of certificates, aggregating ONE MILLION FOUR HUNDRED THOUSAND DOLLARS ($1,400,000), numbered consecutively from one (1) through two hundred eighty (280), each in the denomination of Five Thousand Dollars ($5,000), issued for the purpose of acquiring an existing utility system, to wit: a waterworks distri- buti?n system, .in order that the same may be a part of the City's water supply and distribution system; in accordance with the Constitution and laws of the State of Texas, parti- cularly Article 2368a.l, V.A.T.C.S., and pursuant to an ordinance passed by the City Council of the City of Colley- ville, Texas. and duly recorded in the minutes of said City Council. AS SPECIFIED in the ordinance hereinabove mentioned, the City reserves the right to redeem certificates of this series maturing on January 1, 1987, and subsequent, in whole or in part (but in inverse numerical order if less than all), on January 1, 1986, or any interest payment date thereafter, at the price of par and accrued interest to the date fixed for redemption, and additionally, during the period of time any certificates of this series are registered . : ,'~.:, ' ' VOLrnAE~PAGE J~O in the name of the initial purchaser, the City reserves the right to redeem any of such certificates at any time and at the price of par and accrued interest; PROVIDED, HOWEVER, that at least thirty (30) days prior to a date any certificates are to be redeemed, notice of redemption, signed by the City Secretary (specifying the serial numbers and amount of certificates to be redeemed) shall have been filed with the aforesaid paying agent; and if by the date so fixed for redemption the City shall have made available funds in amounts sufficient to pay the certificates called for redemp- tion and accrued interest thereon, any certificate or certifi- cates not presented for redemption pursuant to such notice shall cease to bear interest from and after the date so fixed for redemption. THE DATE of this certificate in conformity with the ordinance mentioned is January 1, 1975. THIS CERTIFICATE and the series of which it is a part constitute special obligations of the City of Colleyville, Texas, and are payable solely from and equally secured by a lien on and pledge of the net revenues of the City's Waterworks System. THE CITY expressly reserves the right to issue further and additional revenue obligations, in all things on a parity with the certificates of this series, payable solely from and equally secured by a lien on and pledge of the net revenues of said System; PROVIDED HOWEVER, that any and all such additional revenue obligations may be so issued only in accordance with and subject to the covenants, conditions, limitations and restrictions relating thereto which are set out and contained in the ordinance authorizing this series of certificates, and to which said ordinance reference is hereby made for full and complete particulars. 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. ", ,,------.---...- IT IS HEREBY CERTIFIED, RECITED AND REPRESENTED that the issuance of this certificate and the series of which it is one is duly authorized by law; that all acts, conditions and things required to exist and to be done precedent to and in the issuance of this certificate to render the same lawful and valid have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and the laws of the State of Texas and the ordinance hereinabove mentioned; that this series of revenue certificates does not exceed any consti- tutional or statutory limitation; and that provision has been made for the payment of the principal of and interest on this certificate and the series of which it is one by irrevocably pledging the net revenues of the Waterworks System of the City of Colleyville, Texas. . IN TESTIMONY WHEREOF, the City Council of the City of Colleyville, Texas, in accordance with the provisions of Article 7l7j-l, V.A.T.C.S., has caused the seal of said City to be impressed or a facsimile thereof to be printed hereon, and this certificate to be executed with the imprinted facsimile signatures of the Mayor and City Secretary of said City as of the 28th day of Januar , 1975 COUNTERSIGNED: Cimect~y~ ~le Texas