HomeMy WebLinkAbout1982-1349 - Ordinance - 03/23/1982n
ORDINANCE NO. 13 4 7
ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND
DELIVERY OF THE CITY'S $2,705,000 GENERAL
OBLIGATION BONDS, SERIES 1982, PROVIDING THE
DETAILS RELATING THERETO AND PROVIDING THAT
SAID ORDINANCE SHALL BE EFFECTIVE
IMMEDIATELY UPON ITS ADOPTION
WHEREAS, pursuant to an election duly called and
held in the City of College Station, Texas (the "City "), on
April 4, 1981, the City Council of the City was authorized
to issue General Obligation Bonds of the City in.the aggregate
principal amount of $10,795,000 for the purposes named
below; and
WHEREAS, the City Council of the City has previously
o�
issued a first installment of said bonds for the purposes
and in the amounts, respectively, as follows: $1,165,000
(out of $5,760,000 authorized) for the purpose of constructing
improvements to the streets of the City, leaving $4,595,000
to be issued at a later date or dates for such purpose;
$240,000 (out of $1,805,000 authorized) for the purpose of
constructing or purchasing public buildings for the City,
leaving $1,565,000 to be issued at a later date or dates for
such purpose; and $95,000 (out of $2,080,000 authorized) for
park improvement purposes, leaving $1,985,000 to be issued
at a later date or dates for such purpose; and also leaving
$1,150,000 of bonds voted for the purchase of park land to
be issued at a later date or dates; and
I w WHEREAS, the City Council has determined that it is
necessary to issue a second installment of said bonds for
the purposes and in the amounts, respectively, as follows:
$1,150,000 for the purpose of constructing improvements to
the streets of the City, leaving $3,445,000 to be issued at
a later date or dates for such purpose; $1,005,000 for the
purpose of constructing or purchasing public buildings for
the City, leaving $560,000 to be issued at a later date or
�r✓
dates for such purpose; and $550,000 for park improvements,
Ordinance No. 1349
0
leaving $1,435,000 to be issued at a later date or dates for
such purpose (and also leaving $1,150,000 of bonds voted for
the purchase of park land to be issued at a later date or
dates); and
WHEREAS, the City Council desires to proceed with
the authorization, issuance and sale of said bonds; therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION:
Section 1: That the coupon bonds of the City of
College Station, Texas, to be known and designated as "CITY
OF COLLEGE STATION, TEXAS, GENERAL OBLIGATION BONDS, SERIES
�Aw 1982" (the "Bonds "), are hereby authorized to be issued in
the aggregate principal amount of $2,705,000 for the purpose
of making the following permanent public improvements,
to -wit:
$1,150,000 (out of $5,760,000 authorized) for
the purpose of constructing improvements to
the streets of the City, including necessary
drainage in connection therewith, leaving
$3,445,000 to be issued at a later date or
dates for such purpose; $1,005,000 (out of
$1,805,000 authorized) for the purpose of
constructing or purchasing public buildings
for the City, leaving $560,000 to be issued
at a later date or dates for such purpose;
and $550,000 (out of $2,080,000 authorized)
for the purpose of improving the existing
public parks in the City, leaving $1,435,000
to be issued at a later date or dates for
such purpose and also leaving $1,150,000 of
bonds voted for the purchase of land for park
purposes, to be issued at a later date or
dates;
under and by virtue of the Constitution and laws of the
State of Texas and as authorized at the bond election held
in the City on the 4th day of April, 1981.
Section 2: That the Bonds shall be dated February 15,
1982, shall be numbered consecutively from 1 through 541,
shall be in the denomination of $5,000 each, and shall
mature and become due and payable serially on February 15 in
each of the years and in the amounts specified in the following
schedule:
OMM
-2-
Ordinance No. 1349
n
YEAR AMOUNT YEAR AMOUNT
1983 $230,000 1988 $275,000
1984 275,000 1989 275,000
1985 275,000 1990 275,000
1986 275,000 1991 275,000
1987 275,000 1992 275,000
Provided, however, that the City reserves the right to redeem,
in whole or in -part, all of the Bonds maturing in the years
1988 through 1992 on February 15, 1987, or any interest payment
date thereafter by paying the principal thereof and accrued
interest thereon. If less than all of the Bonds then outstand-
ing are called for redemption, then the Bonds shall be called
in inverse numerical order. Notice of such redemption shall
be given in writing to University National Bank, College
,rr 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 having been timely made, shall cease to
bear interest from and after the date fixed for redemption.
Section 3: That the 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:
Year of Interest Year of Interest
Maturity Rate Maturity Rate
1983 11 Z6 % 1988 to. 00
1984 It. 7S % 1989 /o. 3,r
1985 L 2 a' 0 1990 /d. 76
1986 i1.3,r% 1991 ((.co%
1987 1 S % 1992 io.op%
with said interest to be evidenced by interest coupons payable
on August 15, 1982, and semiannually thereafter on each Febru-
ary 15 and August 15 until the principal sum is paid in full.
Section 4: That both the principal of and interest
on the Bonds shall be payable to bearer, in lawful money of
i .1.
-3-
Ordinance No. 1349
n
the United States of America, without exchange or collection
charges to the bearer, upon presentation and surrender of the
Bonds or proper interest coupons, as the case may be, at
University National Bank, College Station, Texas, the paying
agent for the Bonds.
Section 5: That each of the Bonds and interest
coupons shall be signed by the imprinted or lithographed
facsimile signature of the Mayor and countersigned by the
imprinted or lithographed facsimile signature of the City
Secretary, and the official seal of the City shall be impressed,
imprinted or lithographed on each of the Bonds. Such facsimile
signatures on the Bonds and interest coupons and said facsimile
�&V seal on the Bonds and interest coupons shall have the same
effect as if the Mayor and City Secretary had in person and
manually signed each Bond and interest coupon and as if the
official seal of the City had been manually impressed upon
each Bond.
Section 6: That the form of the Bonds, including
the form of Registration Certificate of the Comptroller of
Public Accounts of the State of Texas to be printed and en-
dorsed on each Bond, and the form of interest coupons to be
"attached to the Bonds shall be, respectively, substantially as
follows:
n
No.
(FORM OF BOND)
$5,000
UNITED STATES OF AMERICA - - -- -- - -- -�--
STATE OF TEXAS
COUNTY OF BRAZOS
CITY OF COLLEGE STATION, TEXAS
GENERAL OBLIGATION BOND
SERIES 1982
On February 15, , the City of College Station,
in the County of Brazos, State of Texas, for value received,
03607
-4-
Ordinance No. 1349
M
hereby promises to pay to bearer the principal amount of
FIVE THOUSAND DOLLARS
and to pay interest thereon, from the date hereof, at the
rate of % per annum, evidenced by interest coupons
payable August 15, 1982, and semiannually thereafter on
February 15 and August 15 of each year 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 University
National Bank, College Station, Texas, the paying agent for
this series of bonds.
PROVIDED, HOWEVER, that said City reserves the
right to redeem, in whole or in part, all bonds of said
series maturing in the years 1988 through 1992 on February 15,
1987, or on 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. Notice of such redemption shall be given in writing
r 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 circula-
tion 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 date fixed for redemption.
THIS BOND IS ONE OF A SERIES OF COUPON BONDS dated
February 15, 1982, issued in the aggregate principal amount
of $2,705,000, and, together with the other bonds of said
series, is issued for the purpose of making the following
permanent public improvements, to wit: $1,150,000 (out of
$5,760,000 authorized) for the purpose of constructing
improvements to the streets of the City, including necessary
drainage in connection therewith, leaving $3,445,000 to be
issued at a later date or dates for such purpose; $1,005,000
(out of $1,805,000 authorized) for the purpose of constructing
or purchasing public buildings for the City, leaving $560,000
to be issued at a later date or dates for such purpose; and
$550,000 (out of $2,080,000 authorized) for the purpose of
improving the existing public parks in the City, leaving
$1,435,000 to be issued at a later date or dates for such
purpose (and also leaving $1,150,000 of bonds voted for the
purchase of land for park purposes to be issued at a later
date or dates); and under and in strict conformity with the
Constitution and laws of the State of Texas, particularly
Chapters 1 and 7 of Title 22, Revised Civil Statutes of
Texas, 1925, as amended, and by authority of a bond election
held within said City on April 4, 1981, and pursuant to an
ordinance lawfully adopted by the City Council of said City,_
which ordinance is of record in the official minutes of said
City Council.
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 necessary to be done precedent to and in the
issuance of this bond and this series of bonds, in order to
render the same legal, valid and binding obligations of said
-5-
Ordinance No. 1349
City, have been done, have happened, and have been performed
in regular and due time, form and manner, as required by
law; that due provision has been made for the payment of the
principal of and interest on this bond, and the series of
which it is a part, by the levy of a direct annual ad valorem
tax upon all taxable property within said City sufficient
for said purposes; and that the total indebtedness of said
City, including the entire series of bonds of which this is
one, does not exceed any Constitutional or statutory limitation.
IN WITNESS WHEREOF, this bond and the interest
coupons attached hereto have been signed by the imprinted or
lithographed facsimile signature of the Mayor of said City
and countersigned by the imprinted or lithographed facsimile
signature of the City Secretary, and the official seal of
said City has been duly impressed or printed or lithographed
on this bond, all as of the 15th day of February, 1982.
Mayor, City of College Station,
Texas
COUNTERSIGNED:
City Secretary, City of
College Station, Texas
(FORM OF REGISTRATION CERTIFICATE)
COMPTROLLER'S REGISTRATION
CERTIFICATE Register Number
I hereby certify that this bond has been examined,
certified as to validity, and approved by the Attorney
General of the State of Texas; and that this bond 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
(FORM OF INTEREST COUPON)
NO. $
On , 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
the above specified sum in lawful money of the United States
of America, without exchange or collection charges to the
M
1 •1'
Ordinance No. 1349
LIM
bearer, upon presentation and surrender of this interest
coupon at University National Bank, College Station, Texas,
said amount being interest due that day on the bond bearing
the number hereinafter designated, of that issue of the City
of College Station, Texas, General Obligation Bonds, Series
1982, dated February 15, 1982. Bond No.
Mayor
City Secretary
* The phrase between the asterisks will be deleted on
all interest coupons attached to bonds maturing on or prior
to February 15, 1987.
Section 7: That there is hereby created a special
fund to be called "CITY OF COLLEGE STATION, TEXAS, GENERAL
OBLIGATION BONDS, SERIES 1982, INTEREST AND SINKING FUND," and
all taxes levied, assessed, and collected for or on account of
the Bonds authorized by this ordinance shall, as collected, be
deposited into said fund. That while the Bonds or any part of
the principal or the interest thereon remain outstanding and
unpaid, there is hereby levied and there shall be annually
assessed and collected in due time, form and manner and at the
same time other City taxes are assessed, levied and collected,
in each year beginning with the current year, a continuing
direct annual ad valorem tax upon all taxable property in the
City, sufficient to pay the current interest thereon and to
create a sinking fund of not less than two percent (2%) of
the principal amount of the Bonds then outstanding or of not
less than the amount required to pay the principal payable out
of said tax, whichever is greater, full allowance being made
for delinquencies and costs of collection, and said taxes when
collected shall be applied to the principal of and interest - on -
the Bonds and for no other purpose.
Section 8: That the Mayor is hereby authorized and
directed to submit, or cause to be submitted, the record of
n
03614
-7-
Ordinance No. 1349
M
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 seal of said Comp-
troller shall be impressed, printed or lithographed on each of
the Bonds.
Section 9: That the City hereby 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 arbitrage bonds thereunder.
Section 10: That public advertisement for the sale
of the Bonds having been made and bids to purchase the Bonds
having been received pursuant thereto, it is hereby found and
declared that the bid submitted by 1PoritN Masi_c
is the best bid received; and that the sale
of such bonds to the named best bidder, at a price equal to
the principal amount of such bonds plus accrued interest
thereon from the date thereof to the date of actual delivery,
plus a cash premium of $ 0 - , 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 said bonds have been approved by
the said Attorney General and registered by the Comptroller of
03611
Ordinance No. 1349
11
Public Accounts of the State of Texas, they shall be delivered
to the purchaser upon receipt of the full purchase price. The
Mayor, 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 11: That this Ordinance shall be effective
immediately upon its adoption.
PASSED AND APPROVED on March 23, 1982.
r '
Mayor, City of College Station,
Texas //
ATTEST:
City Eecr ry, City of
Colleg Station, Texas
[SEAL]
RDR:17:E
0
a
0361.2