2569 ORD AUTHORIZING ISSUANCE OF INTEREST BEARING CERTIFICATES OF OBLIGATION
ORDINANCE N0. 2569
ORDINANCE
AUTHORIZING THE ISSUANCE OF INTEREST
BEARING CERTIFICATES OF OBLIGATION
THE SThTE OF TEXAS ~
COUNTY OF LAMAR §
CITY OF PF,RIS §
WHEREAS, the City Council deems it advisable to issue
Certificates of Obligation in the amount of $650,000 for the
purpose of paying, in whole or in part, contractual obliga-
tions for improvements and extensions to the City's Sewer
System, and for paying all- or a portion of the legal, fiscal
and engineering fees in connection with this project; and
WHEREAS, the Certificates of Obligation hereinafter
authorized and designated are to be issued and delivered
for cash pursuant to Article 2368a. 1, V.A. T. C. S. ; and
WHEREAS, the City Cauncil has heretofore, on the 16th
day of March , 1981, passed an ordinance authorizing and
directing the city clerk to give notice of intention to
issue Certificates of Obligation; and
WHEREAS, said notice has been duly published in the The
Paris News, which is a newspaper of general circulation in
said City, in its issues of March 22, 1981 and March 29,
1981; and
WHEREAS, the City received no petition from the qualified
electors of the City protesting the issuance of such Certifi-
cates of Obligation; and
WHEr.E:,S, it is cor.siciered tc be to the best interest of
the City that said interest bearing Certificates of Obli-
gation of even denominations in the amount of $5,000 be
issued.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PARIS ;
l. That the City's Certificates of Obligation, to be
called the "CITY OF PARIS, TEXAS CERTIFICATES OF OBLIGATION,
SERIES 1981" shall be issued under and by virtue of the
Constitution and laws of the State of Texas, for the purpose
of paying, in whole or in part, contractual obligations for
improvements and extensions to the City's Sewer System, to-
wit: to provide $115,000 to purchase land, rights of way and
easements, to provide $520,000 to pay professional services
for engineering studies, reports and plans, and to provide
$15,000 to pay legal and fiscal fees in connection with this
project.
2. That said Certificates of Obligation sha11 be
dated April 15, 1981, shall be numbered consecutively from
one upward, shall be in the denomination of $5,000 each, ag-
gregating $650,000, shall become due and payable on April 15
of each of the years as follows:
YEARS AMOUNTS YEARS AMOUNTS
1982 $20,000 1990 $45,000
1983 25,000 1991 50,000
1984 25,000 1992 55,000
1985 30,000 1993 60,000
1986 30,000 1994 65,000
1987 35,000 1995 70,000
1988 35,000 1996 65,000
1989 40,000
3. That said Certificates of Obligation shall bear from
their date to their respective maturities, or to their respective
date of redemption prior to maturity at tne rate of 8.00;; per annum
to April 15, 1983 and at the rate of 10.00% per annum from and
af'ter Aprii 15, 1_983 unt--i maturity or rerlemption prior to
maturity. ,~aid interst shali be evide~ZCed by interest coupcns
which shall appertain to said Certificates of Obligation, and
which shall be payable in the manner provided and on the dates
stated in the FORM OF CERTIFICATE set forth in this Ordinance.
4. That said Certificates of Obligation 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 Certificate shall be
sealed), all as provided, and in the manner indicated, in the FORM
OF CERTIFICATE set forth in this Ordinance.
5. That the form of said Certificates of Obligation,
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 Certificates, and the form of the aforesaid '
interest coupons which shall appertain and be attached initially
to each of said Certificates, shall be, respectively
substantially as follows:
FORM OF CERTIFICATE
No. $5,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF LAMAR
CITY OF PARIS, TEXAS
CEF.T IF? CnTE OF OBL I GAT I ON
SERIES 198i
ON APRIL 15, 1981, THE CITY OF PARIS, COUNTY OF LAMAR, STATE
OF TEXAS, promises to pay to bearer hereof the principal amount of
FIVE THOUSAND DOLLARS
and to pay interest thereorx, from the date hereof, at the rate of
8.00% per annum to April 15, 1983, and at the rate of 10.00% per
annum from and after April 15, 1983, evidenced by interest coupons
payable on April 15, 1982, and semiannually thereafter, while
this Certificate is outstanding.
THE PRINCIPAL of this Certificate of Obligation 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 of this Certificate of Obligation or proper interest
coupons at the following, which shall constitute and be defined as
the "Paying Agent" for this Series of Certificates:
THE LIBERTY NATIONAL BANK, PARIS, TEXAS
THIS CERTIFICATE OF OBLIGATION is one of a series dated as of
April 15, 1981, issued in the principal amount of $650,000, for
the purpose of paying, in whole or in part, contractual
obligations for improvements and extensions to the City's Sewer
System, to-wit: to provide $115,000 to purchase land, rights of
way and easements, to provide $520,000 to pay professional
services for engineering studies, reports and plans, and to
provide $15,000 to pay for legal and fiscal fees in connection
with this project.
FORM OF INTEREST COUPON
NO. $
THE CITY OF PARIS, COUNTY Or LAMAF., STATE OF TEXAS, promises
to pay to bearer tne amount snown on this interest coupon in lawrul '
money of the United States of America, without exchange or
collection charges to the bearer, unless due provision has been
made for redemption prior to maturity of the Certificate to which
this interest coupon appertains, upon presentation and surrender
of this interest coupon at THE LIBERTY NATIONAL BANK, PARIS,
TEXAS, said amount being interest due that day on the Certificate
of Obligation bearing the number hereinafter designated, of that
issue of CITY OF PARIS, TEXAS CERTIFICATES OF OBLIGATION, SERIES
1981, dated April 15, 1981. Certificate of Obligation No.
XXXXX XXXXX
City C1erk Mayor
6. That a special "Interest and Sinking Fund" is
hereby created and shall be established and maintained by
the 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
Certificates of Obligation. All ad valorem taxes levied and
collected for and on account of said Certificates of Obliga-
tion shall be deposited, as collected, to the credit of said
Interest and Sinking Fund. During each year while any of
said Certificates of Obligation or interest coupons apper-
taining thereto are outstanding and unpaid, the City Council
of said City shall compute and ascertain a rate and amount
oz ad valorem, tax which wili be sufficient to raise and
produce the money required to pay the interest on said
Certificates of Obligation as such principal matures (but
never less than 2% of the original amount of said Certificates
of Obligation as a sinking fund each year); and said tax
shall be based on the latest approved tax rolls of said
City, with full allowances being made for tax delinquencies
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 Certificates of Obligation or interest
coupons appertaining thereto are outstanding and unpaid, and
said tax shall be 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 Certificates
of Obligation, as such interest comes due and such principal
matures, are hereby pledged irrevocably for such payment,
within the limit prescribed by law.
7. That the Mayor and the City Clerk are hereby ordered
to do any and all things necessary to accomplish the transfer
of monies to the Interest and Sinking Fund of this issue in
ample time to pay such items of principal and interest.
8. That the Mayor of said City is hereby authorized to
have control of said Certificates of Obligation and all
necessary records and proceedings pertaining to said Certi-
ficates of Obligation 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 Certificates said Comptroller of Public
Accounts (or a deputy designated in writing to act for said
ON hPRIL 15, 1983, or on any interest paVment date
thereafter, any outstanding Certificates of Obligation of this
series may be redeemed prior to their scrieduled maturities, at the
option of said City, in 4ahole or in part, for the principal amount
thereof and accrued interest thereon to the date fixed for
reaemption. At least thirtv days prior to the date fixed for any
such reciemption said City snall cause a written notice of such
redemption to be published at least once in a financial
publication published in the City of New York, N. Y. , or the Texas
Municipal Bond Reporter, published in Austin, Texas. 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 Cer-
tificates of Obligation 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, a11 as provided above, the Certificates of
Obligation 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 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, recited and covenanted that this
Certificate of Obligation 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 Certificate
of Obligation have been performed, existed and been done in
accordance with law; that this Certificate of Obligation 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
Certificate of Obligation, as such interest comes due and such
principal matures, r.ave reen ievied and ordered to be levied
against a11 taxable property in said Ciiy, and have been pledged
irrevocably for such payment, within the limit prescribed by law.
IN WITNESS WHEREOF, this Certificate 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 Certificate.
XXXXXX XXXXX
City Clerk Mayor
FORM OF COMPTROLLER'S REGISTRATION CERTIFICATE
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
I hereby certify that this Certificate of Obligation has been
examined, certified as to validity and approved by the Attorney
General of the State of Texas, and that this Certificate of
Obligation 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
Comptroller) shall manually sign the Comptroller's Registra-
tion Certificate printed and endorsed on each of said Certifi-
cates of Obligation, and the seai of said Comptroller shall
be impressed or piacea ir. facsimile, on each of said Certifi-
cates of Obligation.
9. That the City cc>venants to and with the purchasers
of tne Certificates of Obligation Lhat it will make no use
of the proceeds of the Certificates of Obligation at any
time throughout the term of this issue of Certificates of
Obligation which, if such use had been reasonably expected
on the date of delivery of the Certificates of Obligation to
and payment for the Certificates of Obligation by the pur-
chasers, would have caused the Certificates of Obligation to
be arbitrage bonds within the meaning of Section 103(c) of
the Internal Revenue Code of 1954, as amended, or any regu-
lations or rulings 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
Certificates of Obligation will not otherwise be used directly
or indirectly so as to cause all or any part of the Certifi-
cates of Obligation to be or become arbitrage bonds within
the meaning of the aforesaid Section 103(c), or any regula-
tions or rulings pertaining thereto.
10. That it is hereby officially found and determined
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 necess-
ity being that the proposed Certificates of Obligation are
required as soon as possible and without delay for necessary
and uraently needed pub:Lic improvements; and that said
meeting was oper_ tc trie puLlic and toublic notice of the
time, piace and purpose cf said mee'-ing was giver, all as
required by Vernon's Ann. Civ. St., Article 6252-17.
11. That said Certificates of Obligation are hereby
sold and shall be delivered to The Liberty National Bank,
Paris, Texas, for cash for the par value thereof and accrued
interest thereon to the date of delivery.
12. That this Ordinance shall take effect immediately
upon its passage.
Passed and adopted this 13th day of April, 1981.
.
ATTEST Michae . Malone, Mayor
:
_
ames Wil ins Acting City Clerk
~APPROVED AS 0 FORM:
T. K. Haynes, City Attorney