HomeMy WebLinkAbout1973-0891 - Ordinance - 08/27/1973ORDINANCE NO. 891
THE STATE OF TEXAS
COUNTY OF BRAZOS
X
X
X
The City Council of the City of College Station,
Texas, convened in session at the regular meeting place thereof
in the City Hall, within said City, on the 27th day of August,
1973, with the following members present, to -wit:
J. B.
Hervey
Mayor
Homer
B. Adams
Councilman
Fred R. Brison
Councilman
C. A.
Bonnen
Councilman
Don R.
Dale
Councilman
J. D.
Lindsay
Councilman
and the following members absent, to -wit: R. D. Radeleff, when,
among other business, the following was transacted, to -wit:
The Mayor introduced an ordinance which was read in
full. Councilman Brison moved that the ordinance be adopted
as read. Councilman Dale seconded the motion for adoption of
said ordinance. The motion, carrying with it the adoption of the
ordinance, prevailed by the following vote:
AYES: All
NOES: None
The Mayor thereupon announced that the motion had
duly and lawfully carried and that the ordinance had been
duly and lawfully adopted. The ordinance thus adopted follows:
ORDINANCE NO. 891
AN ORDINANCE AUTHORIZING THE ISSUANCE OF $500,000
UTILITY SYTEM REVENUE BONDS, SERIES 1973; PROVIDING
THE DETAILS RELATING THERETO; AND DECLARING THAT
THIS ORDINANCE SHALL BE EFFECTIVE IMMEDIATELY UPON
ITS ADOPTION
WHEREAS, the outstanding revenue bonds of the
following described bond issues of the City of College Station,
Texas, are payable from the net revenues derived from the operation
of the combined Waterworks System, Sewer System, and Electric Light
and Power System of said City, to -wit:
CITY OF COLLEGE STATION WATERWORKS AND SEWER SYSTEM
AND ELECTRIC LIGHT AND POWER SYSTEM REVENUE REFUNDING
` BONDS, SERIES 1967, dated February 1, 1967, originally
Q2391
ORDINANCE NO. 891 Page 2
issued in the principal amount of $333,000
(Comptroller's Registration No. 37769);
CITY OF COLLEGE STATION WATERWORKS AND SEWER
SYSTEM AND ELECTRIC LIGHT AND POWER SYSTEM REVENUE
BONDS, SERIES 1967, dated February 1, 1967,
originally issued in the principal amount of
$600,000 (Comptroller's Registration No. 37768);
and
CITY OF COLLEGE STATION, TEXAS, UTILITY SYSTEM
REVENUE BONDS, SERIES 1971, dated August 1, 1971,
originally issued in the principal amount of $800,000
(Comptroller's Registration No. 40262); and
WHEREAS, it is provided in the proceedings authorizing
said outstanding bonds, and in Auch bonds, that the City reserves
the right to issue additional parity revenue bonds and that such
additional parity bonds, when issued, may be secured by and
payable from a first lien on and pledge of the net revenues of
said combined Systems in the same manner and to the same extent
as said outstanding bonds; and
WHEREAS, at an election held in said City on the
6th day of April, 1971, more than a majority of the duly qualified
resident electors of said City who participated in the election
voted in favor of, among other things, the issuance of revenue bonds
in the amount of $795,000 for the purpose of extending and improving
the City's Sanitary Sewer System; and
WHEREAS, all of said bonds are to be secured by a
pledge of the Net Revenues from the operation of the City's
combined Waterworks System, Sanitary Sewer System and Electric
Light and Power System, and are to be on a parity in all respects
with said outstanding bonds of said City; and
WHEREAS, $295,000 aggregate principal amount of such
revenue bonds have heretofore been issued and sold, leaving
$500,000 aggregate principal amount of said bonds to be issued and
sold at a later date; and
WHEREAS, the Council deems it necessary and desirable
to proceed with the issuance of a second and final installment
of said revenue bonds in the aggregate principal amount of
$500,000; and
WHEREAS, the Council has found and determined, and
hereby finds and determines, that all conditions precedent to
its right to issue additional revenue bonds payable from the
same source and on a parity with said outstanding bonds as recited
in the respective Ordinances authorizing the issuance thereof
have been met and satisfied; therefore BE IT ORDAINED BY THE ,
CITY COUNCIL OF THE CITY OF COLLEGE STATZON,:•TEXAS.
`- Section 1: That the coupon bonds of the City of
College Station, Texas, to be designated as "CITY OF COLLEGE
�z
ORDINANCE NO. 891
Page 3
STATION, TEXAS, UTILITY SYSTEM REVENUE BONDS, SERIES 1973" are
hereby authorized to be issued and delivered in accordance with
the Constitution and laws of the State of Texas, and particularly
Articles 1111 to 1118, both inclusive, Vernon's Texas Civil
Statutes, as amended, and as authorized at the bond election held
in said City on April 6, 1971, in the principal amount of $500,000
for the purpose of extending and improving the City's existing
Sanitary Sewer System, all of said bonds being secured, as here-
inafter provided, by a pledge of the Net Revenues from the operation
of the City's combined Waterworks and Sewer System and Electric
Light and Power System on a parity in all respects with the
outstanding bonds of said City payable from said Net Revenues.
Section 2: That said bonds shall be dated August
1, 1973, shall be numbered consecutively from 1 through 100,
shall be in the denomination of $5,000 each, and shall mature
and become due and payable serially, without option of prior
redemption, on February 1 in each of the years, and in the amounts
specified in the following schedule:
Year
Amount
Year
Amount
1974
$25,000
1984
$25,000
1975
25,000
1985
25,000
1976
25,000
1986
25,000
1977
25,000
1987
25,000
1978
25,000
1988
25,000
1979
25,000
1989
25,000
1980
25,000
1990
25,000
1981
25,000
1991
25,000
1982
25,000
1992
25,000
1983
25,000
1993
25,000
Non -optional
Section 3: That said bonds shall bear interest per
annum from their dateazntil maturity at the following rates:
All bonds scheduled to mature during
the years 1974 through 1981------ 5.50%
All bonds scheduled to mature during
the years 1982 through 1989------ 5.00%
All bonds scheduled to mature during
the year 1990------------------- 5.10%
All bonds scheduled to mature during
the year 1991------------------- 5.15%
All bonds scheduled to mature during
the years 1992 through 1993------ 5.20%
with said interest to be evidenced by interest coupons payable on
February 1, 1974, and semi-annually thereafter on each August 1
and February 1 until the principal sum is paid in:1full.
ORDINANCE NO. 891
Page 4
Section 4. 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, as the case may be, at the University National
Bank, College Station, Texas, which bank shall be the paying
agent for said bonds.
Section 5. That each of said bonds and interest
coupons shall be signed by the imprinted or lithographed facsimile
signature of the Mayor or Mayor Pro Tem of said City and counter-
signed by the imprinted or lithographed facsimile signature of
the City Secretary or Assistant City Secretary and the official
seal of said City shall be impressed, or imprinted or lithographed
on each of said bonds. Such facsimile signatures on the bonds and
interest coupons and said facsimile seal on the bonds shall have
the same effect as if the Mayor or Mayor Pro Tem and City Secretary
or Assistant City Secretary had in person and manually signed
each such bond and interest coupon and as if the official seal
of said City had been manually impressed upon each such bond.
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 bond, and the form of interest coupons to be attached to said
bonds shall be, respectively, substantially as follows:
(FORM OF BOND)
NO. $5,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF BRAZOS
CITY OF COLLEGE STATION, TEXAS
UTILITY SYSTEM REVENUE BONDS,
SERIES 1973
On February 1, 19 the City of College Station,
in the County of Brazos, State of Texas, for value received,
hereby promises to pay to bearer the principal amount of
FIVE THOUSAND DOLLARS
and to pay interest theron, from the date hereof, at the rate
of o per annum, evidenced by interest coupons payable
February 1, 1974, and semi-annually thereafter on each August 1
and February 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 pre-
sentation and surrender of this bond or proper interest coupon,
at the University National Bank, College Station, Texas, which
bank shall be the paying agent for this series of bonds.
ORDINANCE NO. 891 Page 5
THIS BOND IS ONE OF A SERIES OF COUPON BONDS dated
August 1, 1973, issued in the aggregate principal amount of
r✓ $500,000 for the purpose of extending and improving the City's
existing Sanitary Sewer System, in accordance with Articles
1111 to 1118, both inclusive, Vernon's Texas Civil Statutes, as
amended, and by authority of a vote of the resident duly qualified
electors of said City, voting at an election held for that
purpose, among others, within said City on April 6, 1971, and
pursuant to an ordinance passed by the City Council of said
City and duly recorded in the Minutes of said City Council.
This bond shall not be deemed to constitute a debt
of the City of College Station or a pledge of its faith and
credit, but shall be payable as to principal and interest, together
with the other bonds of this series of bonds and the City's
outstanding revenue bonds, namely, City of College Station Water-
works and Sewer System and Electric Light and Power System Revenue
Refunding Bonds, Series 19:67, dated February 1, 1967, City of
College Station Waterworks and Sewer System and Electric Light
and Power System Revenue Bonds, Series 1967, dated February 1,
1967, and City of College Station, Texas, Utility System Revenue
Bonds, Series 1971, dated August 1, 1971 (the bonds of this series
of bonds and said outstanding bonds being in all respects on a
parity with each other), solely from the revenues derived from
the operation of the City's combined Waterworks and Sewer System
and Electric Light and Power System, including all present and
future extensions, additions, replacements and improvements
thereto after deduction therefrom of the reasonable expense of
operation and maintenance of said Systems. 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.
Said City has reserved the right, subject to the
restrictions stated in the ordinance authorizing this series of
bonds, to issue additional revenue bonds which may be secured by
and made payable from the same revenues as, and be on a parity and
of equal dignity in all respects with, this series of bonds and the
City's said outstanding revenue bonds.
IT IS HEREBY CERTIFIED, RECITED, AND REPRESENTED that
the issuance of this bond and the series of which it is a part is
duly authorized by law; that all acts, conditions, and things
required to exist and be done precedent. to and in the issuance
of this series of bonds to render the same lawful and valid have
been properly done and performed and have happened in regular and
due time, form, and manner, as required by law; and that the
interest on and principal of this bond, the series of which it is
a part, and the City's said outstanding revenue bonds, all of
said bonds being on a parity with and of equal dignity in all
respects, are payable solely from and secured by a first lien on
and pledge of the revenues of the combined Waterworks System, Sealer
System and Electric Light and Power System of said City, after
deduction of reasonable operating and maintenance expenses.
p?3��
ORDINANCE NO. 891
Page 6
IN WITNESS WHEREOF, this bond and the interest coupons
attached hereto have been signed by the imprinted or lithographed
facsimile signature of the Mayor or Mayor Pro Tem of said City
and countersigned by the imprinted or lithographed facsimile
signature of the City Secretary or Assistant City Secretary, and
the official seal of said City has been duly impressed, printed,
or lithographed on this bond, all as of the lst day of August, 1973.
Ma r, City of Colleg& Station,
Te s
City Secretary, City oyCollege Station,
Texas
(FORM OF REGISTRATION CERTIFICATE)
COMPTROLLER''S REGISTRATION X
X
CERTIFICATE X REGISTER NO.
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 bond has been examined by him as
required by law; that he finds that it has been issued in con-
formity with the Constitution and laws of the State of Texas;
and that it is a valid and binding special obligation upon the
City of College Station, Texas, payable solely from the revenues
pledged to its payment, and said bond has this day been registered
by me.
WITNESS MY HAND AND SEAL OF OFFICE this
day of ,
Comptroller of Public Accounts
of the State of Texas
(FORM OF INTEREST COUPON)
NO. $
On 19 , the City of College
Station, in the County of Brazos, State of Texas, promises to pay
to bearer, without exchange or collection charges, at the University
National Bank, College Station, Texas, the sum., of $ ,
in lawful money of the United States of America, solely from the.
ORDINANCE NO. 891 Page 7
funds specified in the bond to which this coupon is attached and
without right to demand payment out of any funds raised or to be
raised by taxation, said sum being interest due that date on the
CITY OF COLLEGE STATION, TEXAS, UTILITY SYSTEM REVENUE BONDS,
SERIES 1973, dated August 1, 1973.
BOND NO.
"A
Mayo V
ity of College Stlation, Texas
City Secretary City oy/College Station, Texas
Section 7: That the following terms shall have the
respective meanings specified:
(a) The term "City" refers to the City of College
Station, Texas, or where appropriate to the City Council thereof.
(b) The term "Systems" as used in this ordinance shall
mean the City's combined Waterworks System, Sewer System, and
Electric Light and Power System, including all present and future
extensions, additions, replacements and improvements thereto.
(c) The term "Systems Fund" shall mean all revenues
derived from the systems.
(d) The term "Net Revenues" as used in this ordinance
shall mean the gross revenues of the Systems less the reasonable
expenses of operation and maintenance, including all salaries,
labor, materials, repairs, and extensions necessary to render
efficient service; provided, however, that only such repairs and
extensions, as in the judgment of the City Council, reasonably
and fairly exercised, are necessary to keep the plant or utility
in operation and render adequate service to the City and the
inhabitants thereof, or such as might be necessary to meet some
physical accident or condition which would otherwise impair the
Bonds authorized by this ordinance and any additional bonds
permitted to be issued hereunder, shall be deducted in determining
"Net Revenues."
(e) The term "Bonds" shall mean the $500,000 of bonds
authorized by this ordinance.
(f) The term "Additional Bonds" means the Additional
Bonds which the City reserves the right to issue under Section 11
hereof.
(g) The term "Outstanding Bonds" means (i) the City
of College Station Waterworks and Sewer System and Electric Light'
' and Power System Revenue Refunding Bonds, Series 1967, dated
February 1, 1967, (ii) the City of College Station Waterworks and
ORDINANCE NO. 891 Page 8
Sewer System and Electric Light and Power System Revenue Bonds,
Series 1967, dated February 1, 1967, and (iii) the City of
College Station, Texas, Utility System Revenue Bonds, Series 1971,
dated August 1, 1971. The Bonds and the Outstanding Bonds are in
all respects on a parity and of equal dignity with one another.
(h) The term "Bond Fund" means the fund provided
for in Section 10(B)(1) of the Ordinance (hereinafter called the
"Refunding Ordinance") authorizing the issuance of $333,000 City
of College Station Waterworks and Sewer System and Electric
Light and Power System Revenue Refunding Bonds, Series 1967.
Section 8: That the Bonds, the Outstanding Bonds
and all Additional Bonds, and the interest thereon, are and shall
be payable from and secured by an irrevocable first lien on and
pledge of the net revenues of the Systems, and said net revenues
are hereby pledged irrevocably for the payment and security of the
Bonds, the Outstanding Bonds, and the Additional Bonds and the
interest thereon.
Section 9: That the City covenants and agrees with the
holders of the Bonds, the Outstanding Bonds, and Additional
Bonds, if and when issued, that it will (A) fix and maintain
rates and collect charges for the facilities and services afforded
by the Systems which will provide revenues sufficient at all times:
(1) To pay all operation, maintenance, depreciation,
replacement and betterment charges of the Systems;
(2) To establish and maintain the Bond Fund; and
(3) To pay all outstanding indebtedness against the
Systems, other than bonds, as and when the same become due.
Provided also, that no free service of the Systems shall be
allowed, and should the City or any of its agencies or instrument-
alities make use of the services and facilities of the Systems,
payment of the reasonable value thereof shall be made by the City
out of funds derived from sources other than the revenues and
income of the Systema; and (B) deposit as collected all revenues
derived from the operation of the Systems into the Systems Fund
which shall be kept separate and apart from all other funds of the
City.
Section 10: That the Systems Fund shall be administered
and payments made into the Bond Fund as provided in Section
10(B)(1) of the Refunding Ordinance, and in this connection the
Outstanding Bonds and the Bonds shall be considered to be one
issue of bonds, and payments shall be so made into said Bond Fund
as though the Bonds were a part of the issues of Outstanding Bonds.
Any funds remaining in the Systems Fund, after provision for the `
reasonable cost of operating and maintaining the Systems, and
after paying the amounts required to be paid into the Bond Fund'.
for the Bonds and the Outstanding Bonds, may be used by the -City
for the purchase of said bonds at not exceeding the principal '
amount thereof; provided, however, that if no such bonds are readily
4
ORDINANCE NO. 891 Page 9
available for purchase at not exceeding the principal amount
thereof, then such excess revenues may be used for any lawful
purpose.
Section 11: That in addition to inferior lien bonds
authorized by Chapters 249 and 250, Acts of the 51st Legislature
of Texas, 1949, as amended, the City expressly reserves the
right hereafter to issue additional parity bonds, and such
additional parity bonds, when issued, may be secured by and
payable from, a first lien on and pledge of the net revenues of
the Systems in the same manner and to the same extent as are
the bonds authorized by this ordinance, and the bonds authorized
herein and such additional parity bonds may in all respects be
of equal dignity. It is provided, however, that no such additional
parity bonds shall be issued unless:
(a) An independent firm of certified public accountants
certifies that the net earnings of the Systems for the fiscal
year next preceding the year in which the ordinance authorizing
such additional parity bonds is adopted were equal to at least
one and one-half (1-1/2) times the principal and interest require-
ments on the then outstanding bonds payable from the revenues of
said Systems and on said additional bonds, when issued, sold,
and delivered, for the calendar year in which said requirements
are greatest. The term "net earnings" as used in this Section shall
mean all of the net revenues of the Waterworks System, the Sewer
System and the Electric Light and Power System, exclusive of income
received specifically for capital items, after deduction of the
reasonable expenses of operation and maintenance of the Systems
excluding expenditures which under standard accounting practice
should be charged to capital expenditures; and
(b) Said additional bonds are made to mature on
February 1st in each of the years in which they are scheduled
to mature.
Section 12: That the City shall maintain the Systems
in good condition and operate the same in an efficient manner and
at a reasonable cost. So long as any of the Bonds are outstanding,
the City agrees to maintain insurance on the Systems, for the
benefit of the holder or holders of the Bonds, of a kind and in
an amount which usually would be carried by private companies
engaged in a similar type of business. This ordinance shall
not be construed as requiring the City to expend any funds which
are derived from sources other than the operation of the Systems,
but nothing herein shall be construed as preventing the City
from doing so.
Section 13: That the City shall keep proper books of
records and accounts, separate from all other records and accounts,
in which complete and correct entries shall be made of all
transaction relating to the Systems. Upon written request made
not more than 60 days following the close of the fiscal year,
the City shall furnish to any holder of any of the Bonds, complete
financial statements of the Systems in reasonable detail covering
ORDINANCE NO. 891 Page 10
such fiscal year, certified by the City's Auditor. Any purchaser,
holder or holders of 25% of the outstanding bonds of said Systems
shall have the right at all reasonable times to inspect the
Systems and all records, accounts and data of the City relating
thereto.
Section 14: That the City hereby further covenants as
follows:
(a) That it has the lawful power to pledge the revenues
supporting the Bonds and has lawfully exercised said power under
the Constitution and laws of the State of Texas, including said
power existing under Articles 1111-1118, both inclusive, Revised
Civil Statutes of the State of Texas, with amendments thereto;
that the Bonds issued hereunder and the Outstanding Bonds shall
be ratably secured by said pledge of income, in such manner that
one bond shall have no preference over any other bond of this
issue or of the Outstanding Bonds.
(b) That, other than for the payment of the Bonds
herein authorized and the Outstanding Bonds, the rents, revenues
and income of the Systems have not in any manner been pledged
to the payment of any debt or obligations of the City or of the
Systems.
(c) That, so long as any of the Bonds, the Outstanding
Bonds, or Additional Bonds remain unpaid the City will not sell
or encumber the Systems or any substantial part thereof, and that
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 Systems shall be allowed,
and should the City or any of its agencies or instrumentalities
make use of the services and facilities of the Systems 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 Bonds or Outstand-
ing Bonds or any interest thereon is outstanding, no franchise
shall be granted for the installation or operation of any competing
Systems, that the City will prohibit the operation of any such
Systems other than those owned by the City and the operation of
any such Systems by anyone other than this City is hereby prohibited.
Section 15: The Bonds are special obligations of the
City payable from the pledged revenues and the holder thereof
shall never have the right to demand payment thereof out of funds
raised or to be raised by taxation.
Section 16: That the Mayor and Mayor Pro Tem are each
hereby authorized and directed to submit, or cause to be submitted,
the record of the Bonds, and the Bonds, to the Attorney General
of the State of Texas for examination and approval and thereafter
0"00
ORDINANCE NO. 891
Page 11
cause the Bonds to be registered by the Comptroller of Public
Accounts of the State of Texas. Upon said registration of the
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 prescribed herein to be
printed and endorsed on each bond, and the seal of said Comptroller
shall be impressed or printed, or lithographed on each of said
bonds.
Section 17:1.. That public advertisement for the sale of
the Bonds and bids to purchase the Bonds having been received
pursuant thereto, it is hereby found and declared that the bid
submitted by Rowles, Winston & Company is the best bid received;
and the sale of the Bonds to the named high bidder, at a price
equal to the principal amount of the Bonds plus accrued interest
thereon from the date thereof to the date of actual delivery, plus
a cash premium of $0.00, subject to the unqualified approving
opinion, as to the legality of said bonds, of the Attorney
General of the State of Texas and Baker & Botts, Houston, Texas,
market attorneys, is hereby authorized, ratified, approved and
confirmed. When the Bonds have been approved by the said Attorney
General and registered by the Comptroller of Public Accounts of
the State of Texas, they shall be delivered to the purchasers upon
receipt of the full purchase price. The Mayor, and Mayor Pro Tem,
City Secretary and Assistant City Secretary and other appropriate
officers of the City are authorized and directed to perform all
acts necessary and/or convenient to carry out the terms of this
Ordinance.
Section 19: That this Ordinance shall take effect
immediately upon its adoption.
PASSED AND APPROVED this the 27th day of August, 1973.
CITY OF COLLEGE STATION, TEXAS
yor
City Secretary
[SEAL]