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HomeMy WebLinkAbout1981-1296 - Ordinance - 05/28/1981le ORDINANCE NO. 1296 AUTHORIZING THE ISSUANCE OF INTEREST BEARING CERTIFICATES OF OBLIGATION WHEREAS, the City Council of the City of College Station deems it advisable to issue a Certificate of Obligation to be delivered to the sellers of certain real property for the purpose of paying a portion of the City's contractual obligations for the purchase price of said property, which is to be used for a sanitary-landfill site; and WHEREAS, the Certificate of Obligation hereinafter authorized and designated is to be issued and delivered pursuant to Article 2368a.1, V.A.T.C.S.; and WHEREAS, the notice required by said statute has been duly published in the Bryan /College Station Eagle, which is a newspaper of general circulation in said City, in its issues of March 10, 1981 and March 17, 1981. WHEREAS, the City received no petition from the qualified electors of the City protesting the issuance of such Certificate of Obligation; and WHEREAS, it is considered to be to the best interest of the City, that one interest bearing Certificate of Obligation be issued, in the amount of $208,000, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: 1. That the City's Certificate of Obligation, to be called the "CITY OF COLLEGE STATION, TEXAS CERTIFICATE OF OBLIGATION ", shall be issued under and by virtue of the Constitution and laws of the State of Texas, for the purpose of paying a portion of the City's contractual obligations for the purchase price of said property, which is to be used for sanitary landfill site; and 2. That said Certificate of Obligation shall be dated June 8, 1981, shall be numbered 00001 and shall be due and payable as follows: CERTIFICATE OF OBLIGATION LANDFILL LAND $208,000 - 5 yrs. @ 5.97% YEAR PRINCIPAL INTEREST TOTAL 1 $41,600 $12,418 $54,018 2 41,600 9,934 51,534 3 41,600 7,451 49,051 4 41,600 4,967 46,567 5 41,600 2,484 44,084 $208,000 $37,254 $245,254 oa41� 3. That said Certificate of Obligation shall bear interest at the rate of 5.97% per annum as above indicated and to be paid according tosaid payment schedule. 4. That said Certificate of Obligation shall be issued, shall be payable, may be redeemed prior to its 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 Certificate of Obligation, shall be, respectively substantially as follows: FORM OF CERTIFICATE No. 00001 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF BRAZOS CITY OF COLLEGE STATION, TEXAS CERTIFICATE OF OBLIGATION SERIES 1981 $208,000 THE CITY OF COLLEGE STATION, IN THE COUNTY OF BRAZOS, STATE OF TEXAS, promises to pay to bearer hereof the principal amount of TWO HUNDRED EIGHT THOUSAND DOLLARS and to pay interest thereon, from the date hereof, at the rate of 5.97% per annum, to be paid as follows while this certificate is outstanding. YEAR PRINCIPAL INTEREST TOTAL 1 $41,600 $12,418 $54,018 2 41,600 9,934 51,534 3 41,600 7,451 49,051 4 41,600 4,967 46,567 5 41,600 2,484 44,084 $208,000 $37,254 $245,254 THE PRINCIPAL OF this Certificate of Obligation shall be payable to bearer annually in accordance with the above schedule, in lawful money of the United States of America, without exchange of collection charges to the bearer, the final payment to be upon presentation and surrender of this Certificate of Obligation to the Finance Director. THIS CERTIFICATE OF OBLIGATION is dated as of June 8, 1981, issued in the principal amount of $208,000 for the purpose of paying a portion of the City's contractual obligations for the purchase price of said property, which is to be used for a sanitary landfill site. 0 3417 -2- ORDINANCE NO. 1296 ON JUNE 8, 1982, or on any interest payment date thereafter, this Certificate of Obligation may be redeemed prior to its scheduled maturities, at the option of said City, in whole or in part, for the principal amount thereof and accrued interest thereon to the date fixed for redemption. At least thirty days prior to the date fixed for any such redemption said City shall cause a written notice of such redemption to be published at least once in a publication published in the City of College Station, Texas. If such written notice of redemption is published and if due provision for such payment is made, all as provided above, the Certificate of Obligation which is to be so redeemed thereby automatically shall be redeemed prior to its scheduled maturities, and it shall not bear interest after the date fixed for redemption, and it shall not be regarded as being outstand- ing except for the right of the bearer to receive the redemption price from the Fin- ance Director 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; and 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, suffucient 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, have been levied and ordered to be levied against all taxable property in said City, and have been pledged irrevocably for such payment,within the limit prescribed by law and that this Certificate of Obligation is additionally secured by and payable from the revenues of the City's sanitation services remaining after payment of all operation and maintenance expenses thereof and all debt service, reserve and other requirements in connection with all of the City's revenue bonds (now or hereafter outstanding) which are payable from all or any part of the Net Revenues of the City's sanitation services. IN WITNESS WHEREOF, this Certificate and the interest coupons appertaining hereto have been signed with the signature of the Mayor of said City and counter- signed with the signature of the City Secretary of said City, and the official seal of said City has been duly impressed on this Certificate. CITY SECRETARY MAYOR 6. That the General Debt Service Fund of the City shall be the Fund used for paying the interest and principal payable by virtue of this Certificate of Obligation. All ad valorem taxes levied and collected for and on account of said Certificate of Obligation shall be deposited, as collected, to the credit of said Fund. During each year while any Certificate is outstanding and unpaid, the City Council of said City shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on said Certificate of Obligation as such principal matures (but never less than 2% of the original amount of said Certificate of Obligation as a sinking fund each year); and said tax shall be based on the latest approved tax -3- 03416 ORDINANCE NO. 1296 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 Certificate 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 Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of such Certificate 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 said Certificate of Obligation additionally shall be payable from and secured by the revenues of the City's sanitation services remaining after payment of all operation and maintenance expenses thereof, and all debt service, reserve and other requirements in connection with all of the City's revenue bonds (now or hereafter outstanding) which are payable from and secured by a first lien on all or any part of the net revenues of the City's sanitation services, with the aforesaid remaining revenues being hereinafter called "Surplus Revenues ". The City shall deposit all Surplus Revenues to the credit of the Fund named in Section 6. Notwithstanding the requirements of Section 6, if Surplus Revenues are actually on deposit in the said Fund in advance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxes which otherwise would have been required to be levied pursuant to Section 6 may be reduced to the extent and by the amount of the Suplus Revenues then on deposit in the said Fund. 8. That the Mayor and the Finance Director are hereby ordered to do any and all things necessary to accomplish the transfer of monies to the Fund of this issue in ample time to pay such items of principal and interest. 9. That the City Manager of said City is hereby authorized to have control of said Certificate of Obligation and all necessary records and proceedings pertaining to said Certificate of Obligation pending its delivery. 10. That the City covenants to and with the purchasers of the Certificate of Obligation that it will make no use of the proceeds of the Certificate of Obligation which, if such use had been reasonably expected on the date of delivery of the Certificate of Obligation to and payment for the Certificate of Obligation by the purchasers, would have caused the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, or any regulations 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 Treasury regulations relating to arbitrage bonds. The City further convenants that the proceeds of the Certificate of Obligation will not otherwise be used directly or indirectly so as to cause all or any part of the Certificate of Obligation to be or become an arbitrage bond within the meaning of the aforesaid Section 103(c), or any regulations or rulings pertaining thereto. 11. That the Certificate of Obligation is to be delivered to Anna Creagor Springfield individually and as Trustee for Martha Jean Springfield and Jo Anna r Springfield, and Henry Clark Springfield, III, and Jo Ellen Springfield. U341y -4- ORDINANCE NO. 1296 IN 12. That this Ordinance was read once and became effective upon passage. PASSED, APPROVED, AND ADOPTED THIS THE 28th day of MAY, 1981. APPROVED: GARY ATTEST: GL XNNSCHReD 4R.0 S E RETARY APPROVED AS TO FORM: LOWELL F.'DE 0 rCjITY' u 6AAD ER, MA R/ 024ZO -5-