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HomeMy WebLinkAbout1979-1165 - Ordinance - 06/28/1979THE STATE OF TEXAS COUNTY OF BRAZOS The City Council of the City of College Station, Texas, convened in regular session, open to the public and duly noticed in accordance with Article 6252-17, V.A.T.C.S., as amended, at the regular meeting place thereof in the City Hall, within said City, on the 28th day of June, 1979, with the following members present, to -wit: Loren e L. Bravenec Mayor Homer B. Adams Councilman Gary V. Halter Councilman Patricia B. Boughton Councilwoman Tony Jones _ Councilman Larry J. Ringer Councilman James- Dezierr — — i — Counci-lman and the following members absent, to -wit: M2 . � 42 I&W , when, among other business, the following was transacted, to -wit: The Mayor introduced an ordinance which was read in full. Cou cilm a4 /Va 1�_er moved that the ordinance be adopted as read. Council ,2/1 P j /)Sj�(- sQ-conded the motion for adoption of said ordinance. The motion,,,, t carrying with it the adoption of the ordinance, prevailed by the follow ng vote: YES: S: The Mayor thereupon announced that the motion had duly and lgwfully carried and that the ordinance had been duly and lawfully adopted. The ordinance thus adopted follows: ki AN ORI UTILI7 VIDIN( THAT ORDINANCE NO. ! /&� INANCE AUTHORIZING THE ISSUANCE OF $6,145,000 Y SYSTEM REVENUE BONDS, SERIES 1979; PRO - THE DETAILS RELATING THERETO; AND DECLARING HIS 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, T xas, are payable from the net revenues derived from the o�eration 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, r 1967, originally issued in the principal amount of $333, 00 (Comptroller's_Registration No. 37769); CITY OF COLLEGE STATION WATERWORKS AND SEWER SYSTE14 AND ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS SERIES 1967, dated February 1, 1967, originally issued in the principal amount of $600, 00 (Comptroller's Registration No. 37768); CITY OF COLLEGE STATION, TEXAS, UTILITY SYSTEM REVENUE BONDS, SERIES 1971, dated August 1, 1971, originally issued in the principal amount of $800, 00 (Comptroller's Registration No. 40262); In CITY OF COLLEGE STATION, TEXAS, UTILITY SYSTEM REVENUE BONDS, SERIES 1973, dated August 1, 1973, originally issued in the principal amount of $500, 00 (Comptroller's Registration No. 41651); ;v and CITY DF COLLEGE STATION, TEXAS, UTILITY SYSTEM REVENJE BONDS, SERIES 1976, dated August 1, 1976, origi ally issued in the principal amount of $3,00 ,000 (Comptroller's Registration No. 43295); and S, it is provided in the proceedings author- izing said outstanding bonds, and in such bonds, that the City reserves the right to issue additional parity revenue bonds and that such additional parity bonds, when issued, may be se ured by and payable from a first lien on and pledge of same mannE Awe bonds; anc net revenues of said combined Systems in the r and to the same extent as said outstanding 101 Ordinance lo. 1165 ;I IN WHEREAS, at an election held in said City on the lst day of April, 1978, 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 o revenue bonds in the amount of $5,300,000 for the purpos of extending and improving the City's waterworks system and in the amount of $845,000 for the purpose of extending �nd improving the City's sanitary sewer system; and EREAS, 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, the Council deems it necessary and desir- able to p oceed with the issuance of all of said bonds at this time; and WHEREAS, the Council has found and determined, and hereby fi ds 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 t as recited in the respective Ordinances authorizing the issuance thereof have been met and satisfied; therefore BE IT ORDAIN D BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, ERAS: Section 1: That the coupon bonds of the City of College Station, Texas, to be designated as "CITY OF COLLEGE STATION, TEXAS, UTILITY SYSTEM REVENUE BONDS, SERIES 1979" are hereb authorized to be issued and delivered in accord- ance 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 -2- 031®IZ Ordinance No. 1165 9 at the bona election held in said City on April 1, 1978, in the princi al amount of $6,145,000 for the purpose of making the following improvements, to -wit: $5,300,000 for the purpose of extending and improving the City's waterworks system (being the entire amount voted for such purpose) and $845,000 f r the purpose of extending and improving the City's sanitary sewer system (being the entire amount voted for such purpose), all of said bonds being secured, as hereinafter 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 May 1, 1979, shall be numbered consecutively from 1 through 1,229, shall be in the denomination of $5,000 each, and shall mature and become due and payable serially on February 1 in each of the years, and in the amounts specified in the following schedule: Year 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 I Amount Year Amount $145,000 1990 $350,OOQ 175,000 1991 350,000 200,000 1992 400,000 225,000 1993 400,000 225,000 1994 400,000 275,000 1995 400,000 300,000 1996 400,000 325,000 1997 400,000 350,000 1998 475,000 350,000 ided, however, that the City reserves the right to redeem in whole or in part, all such bonds maturing in the years 1990 through 1998 on February 1, 1989, or any interest payment date thereafter by paying the principal thereof and accrued interest thereon. If less than all of said bonds then outstanding are called for redemption, then the bonds shall be called in inverse numerical order. -3- 103 Ordinance No. 1165 i; a Notice of Euch redemption shall be given in writing to University National Bank, College Station, Texas, at least thirty (30 days prior to the date fixed for redemption and written notice shall also be given by publishing a copy of said notiCE in a financial publication of general circulation in the United States one (1) time at least thirty (30) days prior to the date fixed for redemption. Any bond or bonds duly called for redemption, due provision for the payment of which has heen timely made, shall cease to bear interest from and after the date fixed for redemption. ection 3: That said bonds shall bear interest per annum from their date until maturity, unless called sooner for prior redemption in accordance with the provisions hereof, at the following rates: All bonds scheduled to mature during the years 1980 throughligi ----------------------- 7.2 S All bonds scheduled to mature during the years 1296 through 1192------------------- s -s�% 0 All bonds scheduled to mature during the years 1190 through 1991----------------- S,.a All bonds scheduled to mature during the years % 'L through / q 7 3------------------ S", c, % 0 All bonds scheduled to mature during the ,.. years ! teb ----------------- S. 40 All bonds scheduled to mature during the years J' through /qjj ---------------- 600 with said i terest to be evidenced by interest coupons payable on February 1, 1980, and semi-annually thereafter on each August 1 a full. said bonds United Sta charges to February 1 until the principal sum is paid in Slection 4: That the principal of and interest on hall be payable to bearer, in lawful money of the s of America, without exchange or collection he bearer, upon presentation and surrender of proper bond for interest coupon, as the case may be, at the 03104 Ordinance No. 1165 4 University) shall be coupons s National Bank, College Station, Texas, which bank e paying agent for said bonds. ection 5: That each of said bonds and interest 11 be signed by the imprinted or lithographed fac- simile signature of the Mayor of said City and countersigned by the imp inted or lithographed facsimile signature of the 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 an said facsimile seal on the bonds shall have the same effect as if the Mayor and 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 uch bond. ection 6: That the form of said bonds, including the form og Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be printed and endorsed o each bond, and the form of interest coupons to be attached t said bonds shall be, respectively, substantially as follows: RM the County hereby pro and to pay rate of _ able Febru (FORM OF BOND) $5,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF BRAZOS CITY OF COLLEGE STATION, TEXAS UTILITY SYSTEM REVENUE BONDS SERIES 1979 n February 1, , the City of College Station, in of Brazos, State of Texas, for value received, ises to pay to bearer the principal amount of FIVE THOUSAND DOLLARS interest thereon, from the date hereof, at the _% per annum, evidenced by interest coupons pay- ry 1, 1980, and semi-annually thereafter on each -5- Ordinance Oo. 1165 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 presentation 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. rovided, however, that said City reserves the right to r deem, in whole or in part, all bonds of said series maturing in the years 1990 through 1998 on February 1, 1989, or or any interest payment date thereafter by paying the principal thereof and accrued interest thereon. If less than all of said bonds then outstanding are called for redemp- tion, then the bonds shall be called in inverse numerical order. Notice of such redemption shall be given in writing to the University National Bank, College Station, Texas, at least thirty (30) days prior to the date fixed for redemption and written notice shall also be given by publishing a copy of said notice in a financial publication of general circulation in the United States one (1) time at least thirty (30) days prior to the date fixed for redemption. Any bond or bonds called for redemption, due provision for the payment of which has been timely made, shall cease to bear interest from and after the late fixed for redemption. IS BOND IS ONE OF A SERIES OF COUPON BONDS dated May 1, 1979, issued in the aggregate principal amount of $6,145,000 for the purpose of making the following improve- ments, to -wit: $5,300,000 for the purpose of extending and improving the City's waterworks system (being all of the bonds voted for such purpose) and $845,000 for the purpose of extending and improving the City's sanitary sewer system (being all of the bonds voted for such purpose), 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 1, 1978, and pursuant to an ordinance passed by the City Council of said City and duly recorded in the Minutes of said Citv 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 Waterworks and Sewer System and Electric Light and Power Systen Revenue Refunding Bonds, Series 1967, dated February 1, 1967, City of College Station, Texas, Utility System Revenue Bonds, Series 1971, dated August 1, 1971, City of College Station, Texas, Utility System Revenue Bonds, Series 1973, dated August 1, 1973 and City of College Station, Texas, Utility System Revenue Bonds, Series 1976, dated August 1, 1976 (the bonds of this series of bonds and said outstanding bonds being in ail respects o,,,. 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 P wer System, including all present and future extensions, additions, replacements and improvements thereto after deduction therefrom of the reasonable expense of operation and mainten nce of said Systems. The holder hereof shall never have he right to demand payment of this obligation out of any fund raised or to be raised by taxation. im cm Ordinance Igo. 1165 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. T IS HEREBY CERTIFIED, RECITED AND REPRESENTED that the i suance 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 happe ed in regular and due time, form, and manner, as required b3 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 witl and of equal dignity in all respects, are payable solely fro and secured by a first lien on and pledge of the revenues o the combined Waterworks System, Sewer System and Electric Light and Power System of said City, after deduction of reasona le operating and maintenance expenses. coupons ati lithograph( and counter signature ( said City I on this boi N WITNESS WHEREOF, this bond and the interest ached hereto have been signed by the imprinted or d facsimile signature of the Mayor of said City signed by the imprinted or lithographed facsimile f the City Secretary, and the official seal of as been duly impressed, printed, or lithographed d, all as of the 1st day of May, 1979. Mayor, City of College Station, Texas City Secretary, City of , College Station, Texas (FORM OF REGISTRATION CERTIFICATE) COMPTROLLE 'S REGISTRATION § CERTIFICAT § REGISTER NUMBER record in r the State ( examined b] been issue( the State obligation solely fror bond has tl HEREBY CERTIFY that there is on file and of y office a certificate of the Attorney General of f Texas to the effect that this bond has been him as required by law; that he finds that it has .n conformity w;_th the Constitution and laws of f Texas; and than it is a valid and binding special_____ upon the City of College Station, Texas, payable the revenues pledged to its payment, and said is day been registered by me. IWJM 33107 Ordinance No. 1165 ITNESS MY HAND AND SEAL OF OFFICE this day of , 19_ Comptroller of Public Accounts of the State of Texas (FORM OF INTEREST COUPON) No. $ n 19 *unless the bond to which this coupon is attached shall have been called for prior redemption as therein provided and due provision has been made for the redemption thereof,* 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 Univer- sity Natiorial Bank, College Station, Texas, the above specified sum in lawful money of the United States of America, solely from the funds specified in the bond to which this coupon is attached arid without right to demand payment out of any funds raised or o be raised by taxation, said sum being interest due that d to on the CITY OF COLLEGE STATION, TEXAS, UTILITY SYSTEM REV NUE BONDS, SERIES 1979, dated May 1, 1979. kl0 ► • Mayor City Secretary ection 7: That the following terms shall have the respectivelmeanings specified: a) The term "City" refers to the City of College Station, T xas, 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, anc Electric Light and Power System, including all present and future extensions, additions, replacements <<nd improvements thereto. * The phrase between the asterisks will be deleted on all interest coupons attached to bonds maturing on or prior to February 1, 1989. Ordinance Wo. 1165 7 4 nues deri nance shal reasonable c) The term "Systems Fund" shall mean all reve- from the Systems. d) The term "Net Revenues" as used in this ordi- mean the gross revenues of the Systems less the 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 neces- sary to keep the plant or utility in operation and render adequate s rvice to the City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition v,rhich would otherwise impair the bonds authorized by this or inance and any additional bonds permitted to be issued her under, shall be deducted in determining "Net Revenues." e) The term "Bonds" shall mean the $6,145,000 of bonds auth rized by this ordinance. f) The term "Additional Bonds" means the addi- tional bon s and other evidences of indebtedness which the City reser es 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 196 , dated February 1, 1967, (ii) the City of College Station Wa erworks and Sewer System and Electric Light and Power Syst 1967, (iii System Rev the City o Bonds, Ser College S Revenue Bonds, Series 1967, dated February 1, the City of College Station, Texas, Utility ,Ae Bonds, Serie:- ? 971, dated August 1, 1971, (iv) College Station, Texas, Utility System Revenue es 1973, dated August 1, 1973, and (v) the City of tion, Texas, Utility System Revenue Bonds, Series Ordinance No. 1165 1976, dated August 1, 1976. 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 L'ght and Power System Revenue Refunding Bonds, Series 1961. 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 an security of the Bonds, the Outstanding Bonds, and the Additi nal 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 b the Systems which will provide revenues sufficient at all times: (1) To pay all operation, maintenance, depreciation, replacement and betterment charges of the System; () To establish and maintain the Bond Fund; and () 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 shouluI the City or any of its agencies or instrumentalities make use of the services and facilities of the Syst be made by , payment of the reasonable value thereof shall e City out of funds derived from sources other -10 - 03110 Ordinance No. 1165 than the revenues and income of the Systems; and (B) deposits 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; pr vided, however, that if no such bonds are readily available f r purchase at not exceeding the principal amount thereof, th n such excess revenues may be used for any lawful purpose. Suction 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 other e idences of indebtedness now or hereafter autho- rized by the Legislature of Texas, and such additional parity bonds and other evidences of indebtedness, when issued, may be secured by and payable from a first lien on and pledge of the net rev hues of the Sy-7t.^mc in the same manner and to the same extentlas are the bonds authorized by this ordinance, and the bo bonds and c be of equal authorized herein and such additional parity r evidences of indebtedness may in all respects Idignity. It is provided, however, that no such -11- 03111 Ordinance $Io. 1165 additional parity bonds or other evidences of indebtedness shall be i sued unless: a) As long as any of the Outstanding Bonds are outstandinc and unpaid, all material conditions set forth in the ordinance or ordinances authorizing the then outstanding Bonds aresatisfied; and (b) After all the Outstanding Bonds (other than the City of College Station, Texas, Utility System Revenue Bonds, Series 1976, dated August 1, 1976) have been paid and retired, (i) An independent firm of certified public accountants, based upon an annual audit of the books of the Systems, certifies that the net earnings of the Systems -for the fiscal year next preceding the month in which the ordinance autho- rizing such additional parity bonds or other eviden e of indebtedness is adopted were equal to at lea t one and four -tenths (1-4/10) times the average annual requirements for the payment of principal and interest on the then outstanding bonds and other evidences of indebtedness payable from the revenues of said systems and on said additional bonds or other evidences of indebtedness, when issued, sold, and delivered. The term "net earnings" as used in this Section shall mean all of the net revenues of the Waterworks System, the Sewer ystem and the Electric Light and Power System exclusive of income received specifically for ca .:_tal 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 or depreciation; and -12 - 03M Ordinance No. 1165 ii) Said additional bonds or other evidences of in ebtedness are made to mature on February lst in eaph 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 effi- cient manner and at a reasonable cost. So lona as anv of the Bonds Eire 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 tyre of business. This ordinance shall not be construed as requiring the City to expend any funds which are derive6 from sources other than the operation of the Systems, but nothing herein shall be construed as preventing the City f om 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 transactions 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 a y of the Bonds, complete financial statements of the Systems in reasonable detail covering such fiscal year, certified b the City's Auditor. Any purchaser, holder or I"` holders of 5° of the outstanding bonds of said Systems shall have he right at all reasonable times to inspect the Systems and all records, accounts and data of the City relating th ,-eto . Sction 14: That the City hereby further covenants as follows: -13 - 031.1.3 Ordinance Oo. 1165 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 inclu ive, Revised Civil Statutes of the State of Texas, witl 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 pond of this issue or of the outstanding Bonds. ( ) 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. ( ) That, so long as any of the Bonds, the Out- standing Boads, 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 subordi- nate to all of the provisions of this Ordinance. ( ) That no free service of the Systems shall be allowed, and should the City or any of its agencies or instrumenta ities'make use of the services and facilities of. the Systems payment of the reasonable value thereof shall be ma de by the City out of funds from sources other than the revenues and income of the Systems. ( ) To the extent that it legally may, the City further-covcn.ants and agrees that, so long as any of the Bonds or Outstanding Bonds or any interest thereon is outstand- ing, no franchise shall be granted for the installation or 4 operation o any competing Systems, that the City will prohibit +fir' -�4- 33114 Ordinance No. 1165 a 099 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 is 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 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 sea of said Comptroller shall be impressed or printed, or lithographed on each of said bonds. S ction 17: That the City hereby further covenants with the purchasers and any subsequent holders of the Bonds that the City will not make any use of the proceeds of the Bonds which will cause the Bonds to be or become arbitrage bonds within the meaning of Section 103(c) of the Internal Revenue CodE of 1954, as amended, or any regulations promulgated thereunder, and that the City will otherwise comply with the pertinent provisions of said Section 103(c) and regulations in order that the Bonds will not be or become arbi -face bonds thereunder. Section 18: 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 -15- �J3115 Ordinance No. 1165 that the b�ds submitted by JERK/ VVi rTd52 �Q(�-:YN0t-a5 %NC', ,4N3 Assdctl,*TEs 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 $ tti S,p ® subject to the unqualified approving opinion, as to the legality of said bonds, of the Attorney G neral 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 purch se price. The Mayor, City Secretary and other appropriate officers of the City are authorized and directed to performlall acts necessary and/or convenient to carry out the terms of this Ordinance. ection 19: That this Ordinance shall take effect immediately upon its adoption. PASSED AND APPROVED this the 28th day of June, 1979. CIT OF COLLEGE STATION, TEXAS Mayor u City ecre ary [SEAL] M -16- 33116