OR 2009-1245 General Obligation Refund Bond, Series 2009CERTIFICATE FOR ORDINANCE
I, the undersigned City Secretary of the City of Coppell, Texas, hereby certify as follows:
1. The City Council of said City convened in Regular Session on November 10, 2009, at the
scheduled meeting place thereof and the roll was called of the duly constituted officers and members of said
City Council, to -wit:
Jayne Peters, Mayor
Karen Hunt, Mayor Pro Tem
Tim Brancheau, Councilmember
Bob Mahalik, Councilmember
Brianna Hinojosa - Flores, Councilmember
Marsha Tunnell, Councilmember
Billy Faught, Council member
Marvin Franklin, Councilmember
Clay Phillips, City Manager
Jennifer Miller, Director of Finance
Libby Ball, City Secretary
and all of said persons were present, thus constituting a quorum. Whereupon, among other business, the
following was transacted at said meeting: a written Ordinance entitled
AUTHORIZING THE ISSUANCE AND SALE OF CITY OF COPPELL, TEXAS,
GENERAL OBLIGATION REFUNDING BOND, SERIES 2009; LEVYING AN ANNUAL
AD VALOREM TAX AND PROVIDING FOR THE SECURITY FOR AND PAYMENT
OF SAID BOND; AND ENACTING OTHER PROVISIONS RELATING TO THE
SUBJECT
was duly introduced for consideration and passage. It was then duly moved and seconded that said Ordinance
be passed; and, after due discussion, said motion, carrying with it the passage of said Ordinance, prevailed and
carried by the following vote:
AYES: 6
NOES: 0 ABSTENTIONS: 1
2. A true, full and correct copy of the aforesaid Ordinance passed at the meeting described in the
above and foregoing paragraph is attached to and follows this Certificate; said Ordinance has been duly
recorded in the official minutes of said City Council; the above and foregoing paragraph is a true and correct
excerpt from said minutes of said meeting pertaining to the passage of said Ordinance; the persons named in
the above and foregoing paragraph, at the time of said meeting and the passage of said Ordinance, were the
duly chosen, qualified and acting members of said City Council as indicated therein; each of said officers and
member was duly and sufficiently notified officially and personally in advance, of the time, place and purpose
of the aforesaid meeting and that said Ordinance would be introduced and considered for passage at said
meeting; and said meeting was open to the public, and public notice of the time, place and purpose of said
meeting was given, all as required by Tex. Gov't Code Ann. ch. 551.
[SEAL]
SIGNED AND SEALED this I O day of November, 2009.
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City Secretary ity of Coppell, Texas
THE STATE OF TEXAS
COUNTIES OF DALLAS AND DENTON
CITY OF COPPELL
ORDINANCE NO. 2009 -1245
AUTHORIZING THE ISSUANCE AND SALE OF CITY OF COPPELL, TEXAS, GENERAL
OBLIGATION REFUNDING BOND, SERIES 2009; LEVYING AN ANNUAL AD VALOREM TAX
AND PROVIDING FOR THE SECURITY FOR AND PAYMENT OF SAID BOND; AND
ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT
WHEREAS, certain previously issued and outstanding obligations of the City of Coppell, Texas (the
"Issuer ") described in Schedule I attached hereto and incorporated herein (collectively, the "Refunded
Obligations ") are intended to be and shall be refunded pursuant to this Ordinance;
WHEREAS, Chapter 1207, Texas Government Code, authorizes the Issuer to issue refunding bonds
and to deposit the proceeds from the sale thereof, together with any other available funds or resources, directly
with a paying agent for the Refunded Obligations or a trust company or commercial bank that does not act as
a depository for the Issuer and is named in these proceedings, and such deposit, if made before the payment
dates of the Refunded Obligations, shall constitute the making of firm banking and financial arrangements for
the discharge and final payment of the Refunded Obligations;
WHEREAS, Chapter 1207, Texas Government Code, further authorizes the Issuer to enter into an
escrow or similar agreement with such paying agent for the Refunded Obligations or trust company or
commercial bank with respect to the safekeeping, investment, reinvestment, administration and disposition of
any such deposit, upon such terms and conditions as the Issuer and such paying agent or trust company or
commercial bank may agree;
WHEREAS, Wells Fargo Bank, N.A. is a paying agent for certain of the Refunded Obligations, and
the Escrow Agreement, wherein Wells Fargo Bank, N.A. is the Escrow Agent, hereinafter authorized
constitutes an escrow agreement of the kind authorized and permitted by said Chapter 1207;
WHEREAS, the City Council hereby finds and declares a public purpose and it is in the best interests
of the Issuer to refund the Refunded Obligations in order to achieve a debt service savings and to restructure
the Issuer's outstanding debt service, and that such refunding will result in a present value debt service savings
of approximately $601,367 and an actual debt service savings of $933,372 to the Issuer;
WHEREAS, all the Refunded Obligations mature or are subject to redemption prior to maturity within
20 years of the date of the bond hereinafter authorized;
WHEREAS, the bond hereafter authorized is being issued and delivered pursuant to the general laws
of the State of Texas, including said Chapter 1207, Texas Government Code; and
WHEREAS, It is officially found, determined, and declared that the meeting at which this Ordinance
has been adopted was open to the public and public notice of the time, place and subject matter of the public
business to be considered and acted upon at said meeting, including this Ordinance, was given, all as required
by the applicable provisions of Tex. Gov't Code Ann. ch. 551; Now, Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
Section 1. RECITALS, AMOUNT AND PURPOSE OF THE BOND. The recitals set forth in the
preamble hereof are incorporated herein and shall have the same force and effect as if set forth in this Section.
The bond of the City of Coppell, Texas (the "Issuer ") is hereby authorized to be issued and delivered in the
aggregate principal amount of $8,445,000 for the public purpose of refunding the Refunded Obligations, and
to pay the costs incurred in connection with the issuance of the Bond.
Section 2. DESIGNATION, DATE, DENOMINATION, NUMBER, AND MATURITY AND
INTEREST RATE OF BOND. Each bond issued pursuant to this Ordinance shall be designated: "CITY OF
COPPELL, TEXAS, GENERAL OBLIGATION REFUNDING BOND, SERIES 2009," and there shall be
issued, sold, and delivered hereunder one fully registered bond, without interest coupons, dated November 15,
2009, in the denomination and principal amount of $8,445,000, numbered R -1, with any bond issued in
replacement thereof being in the denomination of the full principal amount of the series of which the bond is
issued and numbered consecutively from R -2 upward, payable in installments to the registered owner thereof,
or to the registered assignee of said bond (in each case, the "Registered Owner "). Principal of said Bond shall
mature and be payable in installments on the dates and in the amounts stated in the FORM OF BOND set forth
in this Ordinance. The Bond shall bear interest on the unpaid balance of the principal amount thereof from the
date of delivery to the scheduled due date, or date of prepayment or redemption prior to the scheduled due date,
of the principal installments of the Bond at the rate of interest stated in the FORM OF BOND set forth in this
Ordinance. Said interest shall be payable in the manner provided and on the dates stated in the FORM OF
BOND set forth in this Bond.
The term "Bond" as used in this Ordinance shall mean and include collectively the bond initially issued
and delivered pursuant to this Ordinance and any substitute bond exchanged therefor, as well as any other
substitute or replacement bond issued pursuant hereto, and the term "Bond" shall mean any such bond.
Section 3. CHARACTERISTICS OF THE BOND.
(a) Registration. The Issuer shall keep or cause to be kept at the principal office of Bank of America,
N.A., Dallas, Texas (the "Paying Agent/Registrar "), books or records for the registration of the transfer and
exchange of the Bond (the "Registration Books "), and the Issuer hereby appoints the Paying Agent/Registrar
as its registrar and transfer agent to keep such books or records and make such registrations of transfers and
exchanges under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the
Paying Agent/Registrar shall make such registrations, transfers and exchanges as herein provided. The Paying
Agent/Registrar shall obtain and record in the Registration Books the address of the Registered Owner of each
Bond to which payments with respect to the Bond shall be mailed, as herein provided; but it shall be the duty
of each Registered Owner to notify the Paying Agent/Registrar in writing of the address to which payments
shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The Issuer
shall have the right to inspect the Registration Books during regular business hours of the Paying
Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and,
unless otherwise required by law, shall not permit their inspection by any other entity. The Issuer shall pay
the Paying Agent/Registrar's standard or customary fees and charges for making such registration, transfer,
exchange and delivery of a substitute Bond. Registration of assignments, transfers and exchanges of a Bond
shall be made in the manner provided and with the effect stated in the FORM OF BOND set forth in this
Ordinance. Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond.
(b) Transfer and Exchange Authentication. Except as provided in Section 3(0 of this Ordinance, an
authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date and
manually sign said Bond, and no such Bond shall be deemed to be issued or outstanding unless such Bond is
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so authenticated. The Paying AgentlRegistrar promptly shall cancel any Bond surrendered for exchange. No
additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the Issuer or
any other body or person so as to accomplish the foregoing conversion and exchange of any Bond or portion
thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of a substitute
Bond in the manner prescribed herein. Pursuant to Chapter 1201, Government Code, as amended, the duty of
transfer of a Bond as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution
of said Bond, the exchanged Bond shall be valid, incontestable, and enforceable in the same manner and with
the same effect as the Bond that initially was issued and delivered pursuant to this Ordinance, approved by the
Attorney General and registered by the Comptroller of Public Accounts.
(c) Payment of Bond and Interest. The Issuer hereby further appoints the Paying AgentlRegistrar to
act as the paying agent for paying the principal of and interest on the Bond, all as provided in this Ordinance.
The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying
AgentlRegistrar with respect to the Bond, shall properly and accurately record all payments on the Bond on
the Registration Books, and shall keep proper records of all exchanges of Bonds, and all replacements of
Bonds, as provided in this Ordinance. However, in the event of a nonpayment of interest on a scheduled
payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special
Record Date ") will be established by the Paying Agent/Registrar, if and when funds for the payment of such
interest have been received from the Issuer. Notice of the past due interest shall be sent at least five (5)
business days prior to the Special Record Date by United States mail, first -class postage prepaid, to the address
of the Registered Owner appearing on the Registration Books at the close of business on the last business day
next preceding the date of mailing of such notice.
(d) In General. The Bond (i) shall be issued in fully registered form, without interest coupons, with
the principal of and interest on such Bond to be payable only to the Registered Owner thereof, (ii) may and
shall be prepaid or redeemed prior to its scheduled maturity (notice of which shall be given to the Paying
Agent/Registrar by the Issuer at least 30 days prior to any such redemption date), (iii) may be exchanged for
another Bond, (iv) may be transferred and assigned, (v) shall have the characteristics, (vi) shall be signed,
sealed, executed and authenticated, (vii) the principal of and interest on the Bond shall be payable, and (viii)
shall be administered and the Paying Agent/Registrar and the Issuer shall have certain duties and
responsibilities with respect to the Bond, all as provided, and in the manner and to the effect as required or
indicated, in the FORM OF BOND set forth in this Ordinance.
(e) Paying Agent/Registrar. The Issuer covenants with the Registered Owner of the Bond that at all
times while the Bond is outstanding the Issuer will provide a competent and legally qualified bank, trust
company, financial institution, or other entity to act as and perform the services of Paying Agent/Registrar for
the Bond under this Ordinance, and that the Paying Agent/Registrar will be one entity. The Issuer reserves the
right to, and may, at its option, change the Paying Agent/Registrar upon not less than 20 days written notice
to the Paying Agent /Registrar, to be effective not later than 15 days prior to the next principal or interest
payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or
its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer
covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial
institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the
Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the
Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Bond,
to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying
Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying
Agent/Registrar to the Registered Owner of the Bond, by United States mail, first -class postage prepaid, which
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notice also shall give the address ofthe new Paying Agent/Registrar. By accepting the position and performing
as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and
a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar.
(0 Except as provided below, no Bond shall be valid or obligatory for any purpose or be entitled to
any security or benefit of this Ordinance unless and until there appears thereon the Paying Agent/Registrar's
Authentication Certificate substantially in the form provided in this Ordinance, duly authenticated by manual
execution ofthe Paying Agent/Registrar. It shall not be required that the same authorized representative of the
Paying Agent/Registrar sign the Certificate of Paying Agent/Registrar on the Bond. In lieu of the executed
Certificate of Paying Agent/Registrar described above, the Initial Bond delivered on the closing date shall have
attached thereto the Comptroller's Registration Certificate substantially in the form provided in this Ordinance,
manually executed by the Comptroller of Public Accounts of the State of Texas or by his/her duly authorized
agent, which certificate shall be evidence that the Initial Bond has been duly approved by the Attorney General
of the State of Texas and that it is a valid and binding obligation of the Issuer, and has been registered by the
Comptroller.
(g) Delivery of Initial Bond. On the closing date, one initial Bond representing the entire principal
amount of the Bond, payable in stated installments to the purchaser designated in Section 10 or its designee,
executed by manual or facsimile signature of the Mayor (or in the Mayor's absence, by the Mayor Pro Tem)
and City Secretary of the Issuer, approved by the Attorney General of Texas, and registered and manually
signed by the Comptroller of Public Accounts of the State of Texas, and with the date of delivery inserted
thereon by the Paying Agent/Registrar, will be delivered to such purchaser or its designee.
Section 4. FORM OF BOND. The form of the Bond, including the form of Paying Agent/Registrar's
Authentication Certificate, the form of Assignment and the form of Registration Certificate ofthe Comptroller
of Public Accounts of the State of Texas to be attached to the Bond initially issued and delivered pursuant to
this Ordinance, shall be, respectively, substantially as follows, with such appropriate variations, omissions or
insertions as are permitted or required by this Ordinance.
NO. R-
(a) Form of Bond.
UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF COPPELL, TEXAS
GENERAL OBLIGATION REFUNDING BOND
SERIES 2009
Interest Rate Delivery Date
PRINCIPAL
AMOUNT
$8,445,000
2.93% , 2009
REGISTERED OWNER: BANK OF AMERICA, N.A.
PRINCIPAL AMOUNT: EIGHT MILLION FOUR HUNDRED FORTY -FIVE THOUSAND DOLLARS
The City of Coppell, Texas (the "Issuer "), being a political subdivision ofthe State of Texas located
in Dallas and Denton Counties, Texas, for value received, promises to pay, from the sources described herein,
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to the registered owner specified above, or registered assigns (the "Registered Owner "), the principal amount
specified above, and to pay interest thereon, from the Delivery Date set forth above, on the balance of said
principal amount from time to time remaining unpaid, at the rate per annum set forth above, calculated on the
basis of a 360 -day year of twelve 30 -day months. The unpaid principal of this Bond shall mature and shall
be paid in installments on the dates and in the amounts set forth in the table below:
Principal Principal
Payment Date Installment Payment Date Installment
February 1, 2010 $1,855,000 February 1, 2016 $865
February 1, 2011 840,000 February 1, 2017 885
February 1, 2012 880,000 February 1, 2018 245
February 1, 2013 870,000 February 1, 2019 250
February 1, 2014 815,000 February 1, 2020 95
February 1, 2015 845,000
THE PRINCIPAL OF AND INTEREST ON THIS BOND are payable in lawful money of the United
States of America, without exchange or collection charges . The Issuer shall pay interest on this Bond on
February 1, 2010 and on each August 1 and February 1 thereafter to the date of maturity or redemption prior
to maturity, The last principal installment of this Bond shall be paid to the Registered Owner hereof upon
presentation and surrender of this Bond at maturity, or upon the date fixed for its redemption prior to maturity,
at the principal office of Bank of America, N.A., Dallas, Texas, which is the "Paying Agent/Registrar" for this
Bond. The payment of all other principal installments of and interest on this Bond shall be made by the Paying
Agent/Registrar to the Registered Owner hereof on each principal and interest payment date by check or draft,
dated as of such principal and interest payment date, drawn by the Paying Agent/Registrar on, and payable
solely from, funds of the Issuer required by the Bond Ordinance to be on deposit with the Paying
Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying
Agent/Registrar by United States mail, first -class postage prepaid, on each such interest payment date, to the
Registered Owner hereof, at its address as it appeared at the close of business on the fifteenth day of the month
next preceding each such date (the "Record Date ") on the Registration Books kept by the Paying
Agent/Registrar, as hereinafter described. In addition, principal and interest may be paid by such other method,
acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Registered Owner.
In the event of a non - payment of interest on a scheduled payment date, and for 30 days thereafter, a new record
date for such interest payment (a "Special Record Date ") will be established by the Paying Agent/Registrar,
if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special
Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the
Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States
mail, first -class postage prepaid, to the address of the Registered Owner appearing on the Registration Books
at the close of business on the last business day next preceding the date of mailing of such notice.
ANY ACCRUED INTEREST due in connection with the final installment of principal of this Bond
or upon redemption of this Bond in whole at the option of the Issuer prior to maturity as provided herein shall
be paid to the Registered Owner upon presentation and surrender of this Bond for payment at the principal
corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the Registered Owner of this
Bond that on or before each principal payment date and interest payment date for this Bond it will make
available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance,
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the amounts required to provide for the payment, in immediately available funds, of all principal of and interest
on the Bond, when due.
IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday,
Sunday, a legal holiday or a day on which banking institutions in the city where the principal corporate trust
office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date
for such payment shall be the next succeeding day that is not such a Saturday, Sunday, legal holiday or day
on which banking institutions are authorized to close; and payment on such date shall have the same force and
effect as if made on the original date payment was due.
THIS BOND is dated November 15, 2009, authorized in accordance with the Constitution and laws
of the State of Texas in the principal amount of $8,445,000 for the public purpose of refunding certain
outstanding obligations of the Issuer, and to pay the costs incurred in connection with the issuance of the Bond.
ON ANY DATE, the principal installments of this Bond may be redeemed in whole, or in part, on any
date, with three (3) days prior written notice to the Registered Owner by payment in an amount equal to the
principal to be redeemed plus accrued interest to the date of redemption plus the Prepayment Fee. For purposes
hereof, the Prepayment Fee will be the sum of fees calculated separately for each Prepaid Installment, as
follows:
(i) The Registered Owner will first determine the amount of interest which would have
accrued each month at the Taxable Equivalent Rate for the Prepaid Installment had it remained
outstanding until the applicable Original Payment Date, using the interest rate on the Refunding Bond
applicable to the Prepaid Installment.
(ii) The Registered Owner will then subtract from each monthly interest amount
determined in (i), above, the amount of interest which would accrue for that Prepaid Installment if it
were reinvested from the date of prepayment through the Original Payment Date, using the Treasury
Rate.
(iii) If (i) minus (ii) for the Prepaid Installment is greater than zero, the Registered Owner
will discount the monthly differences to the date of prepayment by the Treasury Rate. The Registered
Owner will then add together all of the discounted monthly differences for the Prepaid Installment.
The following definitions will apply to the calculation of the prepayment fee:
(i) "Original Payment Date" means the date on which the prepaid principal would have
been paid if there had been no prepayment. If any of the principal would have been paid later than the
end of the fixed rate interest period in effect at the time of prepayment, then the original Payment Date
for that amount will be the last day of the interest period.
(ii) "Prepaid Installment" means the amount of the prepaid principal which would have
been paid on a single original Payment Date.
(iii) "Taxable Equivalent Rate" means the interest rate per annum derived from the
following formula: interest rate on the Refunding Bond divided by the difference of (1 minus the
Maximum Corporate Income Tax Rate) . "Maximum Corporate Income Tax Rate" is the highest
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marginal federal income tax rate charged to U.S. corporations in effect at the time of the prepayment
calculation which is currently 35% (or 0.35 in numerical terms).
(iv) "Treasury Rate" means the yield on the Treasury Constant Maturity Series with
maturity equal in length to the Original Payment Date of the Prepaid Installment which are principal
payments (calculated as of the date of redemption in accordance with accepted financial practice and
rounded to the nearest quarter - year), as reported in Federal Reserve Statistical Release H.15, Selected
Interest Rates of the Board of Governors of the Federal Reserve System, or any successor publication.
If no maturity exactly corresponding to such Original Payment Date appears in Release H.15, the
Treasury Rate will be determined by linear interpolation between the yields reported in Release H.15.
If for any reason Release H.15 is no longer published, the Registered Owner shall select a comparable
publication to determine the Treasury Rate.
AT LEAST THREE (3) days prior to the date fixed for any optional redemption of the Bond or
portions thereof prior to maturity a written notice of such redemption shall be sent by the Paying
Agent/Registrar by United States mail, first -class postage prepaid, to the Registered Owner of the Bond at its
address as it appeared on the Registration Books on the day such notice of redemption is mailed; provided,
however, that the failure of the Registered Owner to receive such notice, or any defect therein or in the sending
or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of this
Bond. By the date fixed for any such redemption, due provision shall be made with the Paying Agent/Registrar
for the payment of the required redemption price for the Bond or portions thereof which are to be so redeemed.
If such written notice of redemption is sent and if due provision for such payment is made, all as provided
above, the Bond or portions thereof which are to be so redeemed thereby automatically shall be treated as
redeemed prior to its scheduled maturity, and shall not bear interest after the date fixed for redemption, and
shall not be regarded as being outstanding except for the right of the Registered Owner to receive the
redemption price from the Paying Agent/Registrar out of the funds provided for such payment.
UPON THE PAYMENT or partial redemption of this Bond, the Paying Agent/Registrar shall note in
the Payment Record appearing on this Bond the amount of such payment, the date said payment was made and
the remaining unpaid principal balance of this Bond and shall then have said entry signed by an authorized
official of the Paying Agent/Registrar. The Paying Agent/Registrar shall also record such information in the
Bond Registration Books, and the Paying Agent/Registrar shall also record in the Bond Registration Books all
payments of principal installments on such Bond when made on their respective due dates.
THIS BOND is issuable in the form of one fully - registered Bond without coupons in the denomination
of $8,445,000. This Bond may be transferred or exchanged as provided in the Bond Ordinance, only upon the
registration books kept for that purpose at the above - mentioned office of the Paying Agent/Registrar upon
surrender of this Bond together with a written instrument oftransfer or authorization for exchange satisfactory
to the Paying Agent/Registrar and duly executed by the Registered Owner or his/her duly authorized attorney,
and thereupon a new Bond of the same maturity and in the same aggregate principal amount shall be issued
by the Paying Agent/Registrar to the transferee in exchange therefor as provided in the Bond Ordinance, and
upon payment of the charges therein prescribed. The Issuer and the Paying Agent/Registrar may deem and
treat the person in whose name this Bond is registered as the absolute owner hereof for the purpose of receiving
payment of, or on account of, the principal or redemption price hereof and interest due hereon and for all other
purposes. The Paying Agent/Registrar shall not be required to make any such transfer or exchange (i) during
the period commencing with the close of business on any Record Date and ending with the opening of business
on the next following principal or interest payment date, or (ii) within 30 days prior to a redemption date.
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IN THE EVENT any Paying Agent/Registrar for this Bond is changed by the Issuer, resigns, or
otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint
a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed to the
Registered Owner of the Bond.
THIS BOND shall not be valid or become obligatory for any purpose or be entitled to any security or
benefit under the Bond Ordinance until the Certificate of Authentication shall have been executed by the Paying
Agent/Registrar or the Comptroller's Registration Certificate hereon shall have been executed by the Texas
Comptroller of Public Accounts.
IT IS HEREBY certified, recited and covenanted that this Bond 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 Bond have been performed, existed and been
done in accordance with law; and that annual ad valorem taxes sufficient to provide for the payment of the
interest on and principal of this Bond, as such interest comes due and such principal matures, have been levied
and ordered to be levied against all taxable property in said Issuer, and have been pledged for such payment,
within the limit prescribed by law.
THE ISSUER HAS RESERVED THE RIGHT to amend the Bond Ordinance as provided therein, and
under some (but not all) circumstances amendments thereto must be approved by the Registered Owner of the
Bond.
BY BECOMING the Registered Owner of this Bond, the Registered Owner thereby acknowledges all
of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions,
acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and
records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond
Ordinance constitute a contract between each Registered Owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or facsimile
signature of the Mayor (or in the Mayor's absence, by the Mayor Pro Tem) of the Issuer and countersigned with
the manual or facsimile signature of the City Secretary of said Issuer, and has caused the official seal of the
Issuer to be duly impressed, or placed in facsimile, on this Bond.
(SEAL)
(signature) (signature)
City Secretary Mayor
(b) Form of Payment Record.
PAYMENT RECORD
Principal Payment
(amount and Remaining Name and Title of
Date of installment(s) to which Principal Authorized Officer Signature of Authorized
Payment payment is applied) Balance making Entry Officer
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(c) Form of Paying Agent/Registrar's Authentication Certificate.
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
(To be executed if this Bond is not accompanied by an executed Registration
Certificate of the Comptroller of Public Accounts of the State of Texas)
It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance
described in the text of this Bond; and that this Bond has been issued in replacement of, or in exchange for, a
Bond that originally was approved by the Attorney General of the State of Texas and registered by the
Comptroller of Public Accounts of the State of Texas.
Dated:
Dated:
(d) Form of Assignment.
ASSIGNMENT
BANK OF AMERICA, N.A.,
Dallas, Texas
Paying Agent/Registrar
By:
Authorized Representative
For value received, the undersigned hereby sells, assigns and transfers unto
Please insert Social Security or Taxpayer Identification Number of Transferee:
Please print or typewrite name and address, including zip code of Transferee:
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
, attorney, to register the transfer of the within Bond
on the books kept for registration thereof, with full power of substitution in the premises.
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Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by an
eligible guarantor institution participating in a
securities transfer association recognized signature
guarantee program.
(e) Form of Registration Certificate of the Comptroller of Public Accounts.
COMPTROLLERS REGISTRATION CERTIFICATE: REGISTER NO.
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'S SEAL)
Section 5. INTEREST AND SINKING FUND.
Comptroller of Public Accounts of the State of Texas
(a) A special "Interest and Sinking Fund" is hereby created and shall be established and maintained
by the Issuer at an official depository bank of said Issuer. Said Interest and Sinking Fund shall be kept
separate and apart from all other funds and accounts of said Issuer, and shall be used only for paying the
interest on and principal of said Bond. All ad valorem taxes levied and collected for and on account of said
Bond shall be deposited, as collected, to the credit of said Interest and Sinking Fund. During each year while
any of said Bond is outstanding and unpaid, the governing body of said Issuer shall compute and ascertain a
rate and amount of ad valorem tax that will be sufficient to raise and produce the money required to pay the
interest on said Bond as such interest comes due, and to provide and maintain a sinking fund adequate to pay
the principal of said Bond as such principal matures (but never less than 2% of the original amount of said
Bond as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of said Issuer,
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 Issuer,
for each year while said Bond 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 Bond, as such interest comes due
and such principal matures, are hereby pledged for such payment, within the limit prescribed by law.
Notwithstanding the requirements of this subsection, if lawfully available moneys of the Issuer are actually on
deposit in the Interest and Sinking Fund in advance of the time when ad valorem taxes are scheduled to be
levied for any year, then the amount of taxes that otherwise would have been required to be levied pursuant to
this subsection may be reduced to the extent and by the amount of lawfully available funds then on deposit in
the Interest and Sinking Fund.
(b) Article 1208, Government Code, applies to the issuance of the Bond and the pledge of the taxes
granted by the Issuer under this Section, and is therefore valid, effective, and perfected. Should Texas law be
10
NOTICE: The signature above must correspond with
the name of the Registered Owner as it appears upon
the front of this Bond in every particular, without
alteration or enlargement or any change whatsoever.
amended at any time while the Bond is outstanding and unpaid, the result of such amendment being that the
pledge ofthe taxes granted by the Issuer under this Section is to be subject to the filing requirements of Chapter
9, Business & Commerce Code, in order to preserve to the Registered Owner of the Bond a security interest
in said pledge, the Issuer agrees to take such measures as it determines are reasonable and necessary under
Texas law to comply with the applicable provisions of Chapter 9, Business & Commerce Code and enable a
filing of a security interest in said pledge to occur.
Section 6. DEFEASANCE OF BOND.
(a) Any Bond and the interest thereon shall be deemed to be paid, retired and no longer outstanding
(a "Defeased Bond ") within the meaning of this Ordinance, except to the extent provided in subsection (d) of
this Section, when payment of the principal of such Bond, plus interest thereon to the due date (whether such
due date be by reason of maturity or otherwise) either (i) shall have been made or caused to be made in
accordance with the terms thereof, or (ii) shall have been provided for on or before such due date by irrevocably
depositing with or making available to the Paying Agent/Registrar in accordance with an escrow agreement
or other instrument (the "Future Escrow Agreement ") for such payment (1) lawful money of the United States
of America sufficient to make such payment or (2) Defeasance Securities that mature as to principal and
interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient
money to provide for such payment, and when proper arrangements have been made by the Issuer with the
Paying Agent/Registrar for the payment of its services until the Defeased Bond shall have become due and
payable. At such time as a Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond
and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad
valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be
payable solely from such money or Defeasance Securities. Notwithstanding any other provision of this
Ordinance to the contrary, it is hereby provided that any determination not to redeem a Defeased Bond that is
made in conjunction with the payment arrangements specified in subsection 6(a)(i) or (ii) shall not be
irrevocable, provided that: (1) in the proceedings providing for such payment arrangements, the Issuer
expressly reserves the right to call the Defeased Bond for redemption; (2) gives notice of the reservation of that
right to the Registered Owner of the Defeased Bond immediately following the making of the payment
arrangements; and (3) directs that notice of the reservation be included in any redemption notices that it
authorizes.
(b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the
Issuer be invested in Defeasance Securities, maturing in the amounts and times as hereinbefore set forth, and
all income from such Defeasance Securities received by the Paying Agent/Registrar that is not required for the
payment of the Bond and interest thereon, with respect to which such money has been so deposited, shall be
turned over to the Issuer, or deposited as directed in writing by the Issuer. Any Future Escrow Agreement
pursuant to which the money and/or Defeasance Securities are held for the payment of a Defeased Bond may
contain provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or the
substitution of other Defeasance Securities upon the satisfaction of the requirements specified in subsection
6(a)(i) or (ii). All income from such Defeasance Securities received by the Paying Agent/Registrar which is
not required for the payment of the Defeased Bond, with respect to which such money has been so deposited,
shall be remitted to the Issuer or deposited as directed in writing by the Issuer.
(c) The term "Defeasance Securities" means 0i} direct, noncallable obligations of the United States of
America, including obligations that are unconditionally guaranteed by the United States of America., (ii)
noncallable obligations of an agency or instrumentality of the United States of America, including obligations
that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date of the
11
purchase thereof are rated as to investment quality by a nationally recognized investment rating firm not less
than AAA or its equivalent, and (iii) noncallable obligations of a state or an agency or a county, municipality,
or other political subdivision of a state that have been refunded and that, on the date the governing body of the
Issuer adopts or approves the proceedings authorizing the financial arrangements are rated as to investment
quality by a nationally recognized investment rating firm not less than AAA or its equivalent.
(d) Until the Defeased Bond shall have become due and payable, the Paying Agent/Registrar shall
perform the services of Paying Agent/Registrar for such Defeased Bond the same as if they had not been
defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required by
this Ordinance.
Section 7. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BOND.
(a) Replacement Bond. In the event any outstanding Bond is damaged, mutilated, lost, stolen or
destroyed, the Paying Agent/Registrar shall cause to be printed, executed and delivered, a new Bond of the
same principal amount, maturity and interest rate, as the damaged, mutilated, lost, stolen or destroyed Bond,
in replacement for such Bond in the manner hereinafter provided.
(b) Application for Replacement Bond. Application for replacement of a damaged, mutilated, lost,
stolen or destroyed Bond shall be made by the Registered Owner thereof to the Paying Agent/Registrar. In
every case of loss, theft or destruction of a Bond, the Registered Owner applying for a replacement Bond shall
furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them
to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft
or destruction of a Bond, the Registered Owner shall furnish to the Issuer and to the Paying Agent/Registrar
evidence to their satisfaction of the loss, theft or destruction of such Bond, as the case may be. In every case
of damage or mutilation of a Bond, the Registered Owner shall surrender to the Paying Agent/Registrar for
cancellation the Bond so damaged or mutilated.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event any
such Bond shall have matured, and no default has occurred that is then continuing in the payment of the
principal of, redemption premium, if any, or interest on the Bond, the Issuer may authorize the payment of the
same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a
replacement Bond, provided security or indemnity is furnished as above provided in this Section.
(d) Charge for Issuing Replacement Bond. Prior to the issuance of any replacement Bond, the Paying
Agent/Registrar shall charge the Registered Owner of such Bond with all legal, printing, and other expenses
in connection therewith. Every replacement Bond issued pursuant to the provisions of this Section by virtue
of the fact that any Bond is lost, stolen or destroyed shall constitute a contractual obligation of the Issuer
whether or not the lost, stolen or destroyed Bond shall be found at any time, or be enforceable by anyone, and
shall be entitled to all the benefits of this Ordinance.
(e) Authority for Issuing Replacement Bond. In accordance with Sec. 1206.022, Government Code,
this Section 7 of this Ordinance shall constitute authority for the issuance of any such replacement Bond
without necessity of further action by the governing body of the Issuer or any other body or person, and the
duty of the replacement of such Bond is hereby authorized and imposed upon the Paying Agent/Registrar, and
the Paying Agent/Registrar shall authenticate and deliver such Bond in the form and manner and with the effect,
as provided in Section 3(a) of this Ordinance for a Bond issued in conversion and exchange for another Bond.
12
Section 8. CUSTODY, APPROVAL, AND REGISTRATION OF BOND; BOND COUNSEL'S
OPINION; CUSIP NUMBERS AND CONTINGENT INSURANCE PROVISION, IF OBTAINED;
ENGAGEMENT OF BOND COUNSEL.
(a) The Mayor of the Issuer is hereby authorized to have control of the Bond initially issued and
delivered hereunder and all necessary records and proceedings pertaining to the Bond pending its 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 the Bond said
Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually
sign the Comptroller's Registration Certificate attached to such Bond, and the seal of said Comptroller shall
be impressed, or placed in facsimile, on such Bond. The approving legal opinion of the Issuer's Bond Counsel
and the assigned CUSIP numbers (if obtained) may, at the option of the Issuer, be printed on the Bond issued
and delivered under this Ordinance, but neither shall have any legal effect, and shall be solely for the
convenience and information of the Registered Owner of the Bond. In addition, if bond insurance is obtained,
the Bond may bear an appropriate legend as provided by the insurer.
(b) The obligation of the initial purchaser to accept delivery of the Bond is subject to the initial
purchaser being furnished with the final, approving opinion of McCall, Parkhurst & Horton L.L.P., bond
counsel to the Issuer, which opinion shall be dated as of and delivered on the date of initial delivery of the Bond
to the initial purchaser. The engagement of such firm as bond counsel to the Issuer in connection with issuance,
sale and delivery of the Bond is hereby approved and confirmed. The execution and delivery of an engagement
letter between the Issuer and such firm, with respect to such services as bond counsel, is hereby authorized in
such form as may be approved by the Mayor, and the Mayor is hereby authorized to execute such engagement
letter.
Section 9. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE BOND.
(a) Covenants. The Issuer covenants to take any action necessary to assure, or refrain from any action
that would adversely affect, the treatment of the Bond as an obligation described in section 103 of the Internal
Revenue Code of 1986, as amended (the "Code "), the interest on which is not includable in the "gross income"
of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows:
(1) to take any action to assure that no more than 10 percent of the proceeds of the Bond (less
amounts deposited to a reserve fund, if any) are used for any "private business use," as defined in
section 141(b)(6) of the Code or, if more than 10 percent of the proceeds or the projects financed
therewith are so used, such amounts, whether or not received by the Issuer, with respect to such private
business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or
indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Bond,
in contravention of section 141(b)(2) of the Code;
(2) to take any action to assure that in the event that the "private business use" described in
subsection (1) hereof exceeds 5 percent ofthe proceeds of the Bond or the projects financed therewith
(less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for
a "private business use" that is "related" and not "disproportionate," within the meaning of section
141(b)(3) of the Code, to the governmental use;
(3) to take any action to assure that no amount that is greater than the lesser of $5,000,000,
or 5 percent ofthe proceeds ofthe Bond (less amounts deposited into a reserve fund, if any) is directly
13
or indirectly used to finance loans to persons, other than state or local governmental units, in
contravention of section 141(c) of the Code;
(4) to refrain from taking any action that would otherwise result in the Bond being treated as
a "private activity bond" within the meaning of section 141(b) of the Code;
(5) to refrain from taking any action that would result in the Bond being "federally
guaranteed" within the meaning of section 149(b) of the Code;
(6) to refrain from using any portion of the proceeds of the Bond, directly or indirectly, to
acquire or to replace funds that were used, directly or indirectly, to acquire investment property (as
defined in section 148(b)(2) of the Code) that produces a materially higher yield over the term of the
Bond, other than investment property acquired with —
(A) proceeds of the Bond invested for a reasonable temporary period of 3 years or
less or, in the case of an advance refunding bond, for a period of 30 days or less until such
proceeds are needed for the purpose for which the Bond is issued, and in the case of a current
refunding bond, for a period of 90 days or less,
(B) amounts invested in a bona fide debt service fund, within the meaning of section
1.148 -1(b) of the Treasury Regulations, and
(C) amounts deposited in any reasonably required reserve or replacement fund to the
extent such amounts do not exceed 10 percent of the proceeds of the Bond;
(7) to otherwise restrict the use of the proceeds of the Bond or amounts treated as proceeds
of the Bond, as may be necessary, so that the Bond does not otherwise contravene the requirements
of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the
Code (relating to advance refundings); and
(8) to pay to the United States of America at least once during each five -year period
(beginning on the date of delivery of the Bond) an amount that is at least equal to 90 percent of the
"Excess Earnings," within the meaning of section 148(f) of the Code and to pay to the United States
of America, not later than 60 days after the Bond has been paid in full, 100 percent of the amount then
required to be paid as a result of Excess Earnings under section 148(0 of the Code.
(b) Rebate Fund. In order to facilitate compliance with the above covenant (a)(8), a "Rebate Fund"
is hereby established by the Issuer for the sole benefit of the United States of America, and such Fund shall not
be subject to the claim of any other person, including without limitation the Registered Owner. The Rebate
Fund is established for the additional purpose of compliance with section 148 of the Code.
(c) Use of Proceeds. The Issuer understands that the term "proceeds" includes "disposition proceeds"
as defined in the Treasury Regulations (hereinafter defined) and, in the case of refunding bonds, transferred
proceeds (if any) and proceeds of the refunded bonds expended prior to the date of issuance of the Bond. It
is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with
the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto
(the "Treasury Regulations "). In the event that regulations or rulings are hereafter promulgated that modify
or expand provisions of the Code, as applicable to the Bond, the Issuer will not be required to comply with any
14
covenant contained herein to the extent that such failure to comply, in the opinion of nationally recognized bond
counsel, will not adversely affect the exemption from federal income taxation of interest on the Bond under
section 103 of the Code. In the event that regulations or rulings are hereafter promulgated that impose
additional requirements applicable to the Bond, the Issuer agrees to comply with the additional requirements
to the extent necessary, in the opinion of nationally recognized bond counsel, to preserve the exemption from
federal income taxation of interest on the Bond under section 103 of the Code. In furtherance of such intention,
the Issuer hereby authorizes and directs the Mayor to execute any documents, certificates or reports required
by the Code and to make such elections, on behalf of the Issuer, that may be permitted by the Code as are
consistent with the purpose for the issuance of the Bond.
(d) Disposition of Projects. The Issuer covenants that the projects funded with the proceeds of the
Refunded Obligations will not be sold or otherwise disposed in a transaction resulting in the receipt by the
Issuer of cash or other compensation, unless the Issuer obtains an opinion of nationally - recognized bond
counsel that such sale or other disposition will not adversely affect the tax- exempt status of the Bond. For
purposes of the foregoing, the portion of the property comprising personal property and disposed in the
ordinary course shall not be treated as a transaction resulting in the receipt of cash or other compensation. For
purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains a legal opinion that
such failure to comply will not adversely affect the excludability for federal income tax proposes from gross
income of the interest.
(e) Designation as a Qualified Tax - Exempt Obligation. The Issuer hereby designates the Bond as a
"qualified tax - exempt obligation" as defined in section 265(b)(3) of the Code. In furtherance of such
designation, the Issuer represents, covenants and warrants the following: (a) that during the calendar year in
which the Bond is issued, the Issuer (including any subordinate entities) has not designated nor will designate
tax- exempt obligations, which when aggregated with the Bond, will result in more than $10,000,000
($30,000,000 for taxable years beginning after December 31, 2008 and ending prior to January 1, 2011) of
"qualified tax - exempt obligations" being issued; (b) that the Issuer reasonably anticipates that the amount of
tax - exempt obligations issued, during the calendar year in which the Bond is issued, by the Issuer (or any
subordinate entities) will not exceed $10,000,000 ($30,000,000 for taxable years beginning after December
31, 2008 and ending prior to January 1, 2011); and, (c) that the Issuer will take such action or refrain from
such action as necessary, and as more particularly set forth in this Section, in order that the Bond will not be
considered a "private activity bond" within the meaning of section 141 of the Code.
Section 10. SALE OF BOND. The Bond is hereby initially sold and shall be delivered to Bank of
America, N.A., Dallas, Texas (the "Purchaser "), for cash for the par value thereof, pursuant to the private
placement letter dated the date of the final passage of this Ordinance which the Mayor is hereby authorized to
execute and deliver. The Bond shall initially be registered in the name of the Purchaser. It is hereby officially
found, determined, and declared that the terms of this sale are the most advantageous reasonably obtainable.
Section 11. FURTHER PROCEDURES. The Mayor and Mayor Pro Tem, the City Manager and
City Secretary and all other officers, employees and agents of the Issuer, and each of them, shall be and they
are hereby expressly authorized, empowered and directed from time to time and at any time to do and perform
all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and
on behalf of the Issuer a Paying Agent/Registrar Agreement with the Paying Agent/Registrar and all other
instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms
and provisions of this Ordinance, the Bond, the sale of the Bond and the Official Statement, if such an Official
Statement is prepared. In case any officer whose signature shall appear on any Bond shall cease to be such
15
officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all
purposes the same as if such officer had remained in office until such delivery.
Section 12. NO RULE 15c2 -12 UNDERTAKING. The Issuer has not made an undertaking in
accordance with Rule 15c2-12 of the Securities and Exchange Commission (the "Rule "). The Issuer is not,
therefore, obligated pursuant to the Rule to provide any on -going disclosure relating to the Issuer or the Bond.
Section 13. METHOD OF AMENDMENT. The Issuer hereby reserves the right to amend this
Ordinance subject to the following terms and conditions, to -wit:
(a) The Issuer may from time to time, without the consent of the Registered Owner, except as
otherwise required by paragraph (b) below, amend or supplement this Ordinance in order to (i) cure any
ambiguity, defect or omission in this Ordinance that does not materially adversely affect the interests of the
holders, (ii) grant additional rights or security for the benefit of the holders, (iii) add events of default as shall
not be inconsistent with the provisions of this Ordinance and that shall not materially adversely affect the
interests of the holders, (iv) qualify this Ordinance under the Trust Indenture Act of 1939, as amended, or
corresponding provisions of federal laws from time to time in effect, or (v) make such other provisions in regard
to matters or questions arising under this Ordinance as shall not be inconsistent with the provisions of this
Ordinance and that shall not in the opinion of the Issuer's Bond Counsel materially adversely affect the interests
of the holders.
(b) Except as provided in paragraph (a) above, the Registered Owner shall have the right from time
to time to approve any amendment hereto that may be deemed necessary or desirable by the Issuer; provided,
however, that without the consent of the Registered Owner, nothing herein contained shall permit or be
construed to permit amendment of the terms and conditions of this Ordinance or in the Bond so as to:
(1) Make any change in the maturity of the Bond;
(2) Reduce the rate of interest borne by the Bond;
(3) Reduce the amount of the principal of, or redemption premium, if any, payable on the
Bond;
(4) Modify the terms of payment of principal or of interest or redemption premium on the
Bond or impose any condition with respect to such payment; or
(5) Change the requirement with respect to Registered Owner consent to such amendment.
(c) If at any time the Issuer shall desire to amend this Ordinance under this Section, the Issuer shall
send by U.S. mail to the Registered Owner of the Bond a copy of the proposed amendment.
(d) Whenever at any time within one year from the date of mailing of such notice the Issuer shall
receive an instrument or instruments executed by the Registered Owner of the Bond, which instrument or
instruments shall refer to the proposed amendment and that shall specifically consent to and approve such
amendment, the Issuer may adopt the amendment in substantially the same form.
(e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this Section, this
Ordinance shall be deemed to be modified and amended in accordance with such amendatory Ordinance, and
16
the respective rights, duties, and obligations of the Issuer and the Registered Owner of the Bond shall thereafter
be determined, exercised, and enforced, subject in all respects to such amendment.
(0 Any consent given by the Registered Owner of the Bond pursuant to the provisions of this Section
shall be irrevocable for a period of six months from the date of the mailing of the notice provided for in this
Section, and shall be conclusive and binding upon all future holders of the same Bond during such period.
Such consent may be revoked at any time after six months from the date of the mailing of said notice by the
Registered Owner, or by a successor in title, by filing notice with the Issuer.
For the purposes of establishing ownership of the Bond, the Issuer shall rely solely upon the
registration of the ownership of such Bond on the registration books kept by the Paying Agent/Registrar.
Section 14. DEFAULT AND REMEDIES
(a) Events of Default. Each of the following occurrences or events for the purpose of this Ordinance
is hereby declared to be an Event of Default:
(i) the failure to make payment of the principal of or interest on the Bond when the same
becomes due and payable; or
(ii) default in the performance or observance of any other covenant, agreement or obligation
of the City, the failure to perform which materially, adversely affects the rights of the Registered
Owner of the Bond, including, but not limited to, their prospect or ability to be repaid in accordance
with this Ordinance, and the continuation thereof for a period of 60 days after notice of such default
is given by the Registered Owner to the City.
(b) Remedies for Default. Upon the happening of any Event of Default, then and in every case, the
Registered Owner or an authorized representative thereof, including, but not limited to, a trustee or trustees
therefor, may proceed against the City for the purpose of protecting and enforcing the rights of the Registered
Owner under this Ordinance, by mandamus or other suit, action or special proceeding in equity or at law, in
any court of competent jurisdiction, for any relief permitted by law, including the specific performance of any
covenant or agreement contained herein, or thereby to enjoin any act or thing that may be unlawful or in
violation of any right of the Registered Owner hereunder or any combination of such remedies.
(c) Remedies Not Exclusive.
(i) No remedy herein conferred or reserved is intended to be exclusive of any other available
remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to
every other remedy given hereunder or under the Bond or now or hereafter existing at law or in equity;
provided, however, that notwithstanding any other provision of this Ordinance, the right to accelerate
the debt evidenced by the Bond shall not be available as a remedy under this Ordinance.
(ii) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of
any other available remedy.
(iii) By accepting the delivery of a Bond authorized under this Ordinance, the Registered
Owner agrees that the certifications required to effectuate any covenants or representations contained
17
in this Ordinance do not and shall never constitute or give rise to a personal or pecuniary liability or
charge against the officers, employees or trustees of the City or the City Council.
Section 15. APPROVAL OF ESCROW AGREEMENT AND TRANSFER OF FUNDS . The Mayor
of the Issuer is hereby authorized and directed to execute and deliver the Escrow Agreement with Wells Fargo
Bank, N.A., in substantially the form presented at this meeting. In addition, the Mayor or other officer of the
Issuer is authorized to purchase such securities, to execute subscriptions for the purchase of U. S. Treasury
Securities, State and Local Government Series, and to authorize such contributions, as may be necessary for
the Escrow Fund.
Section 16. REDEMPTION OF REFUNDED OBLIGATIONS.
(a) The Issuer hereby directs that the Refunded Obligations be called for redemption on the dates and
as set forth on Schedule I. Each of such Refunded Obligations shall be redeemed at the redemption price of
par plus accrued interest. The Mayor of the Issuer is hereby authorized and directed to issue or cause to be
issued the Notices of Redemption of the Refunded Obligations in the forms set forth in Exhibit A attached
hereto to the paying agent/registrar for the Refunded Obligations.
(b) In addition, the paying agent/registrars for the Refunded Obligations are hereby directed to provide
the appropriate notices of redemption and defeasance as specified by the ordinances authorizing the issuance
of the Refunded Obligations and are hereby directed to make appropriate arrangements so that the Refunded
Obligations may be redeemed on their redemption dates. The Refunded Obligations shall be presented for
redemption at the paying agent/registrars therefore, and shall not bear interest after the date fixed for
redemption.
(c) The source of funds for payment of the principal of and interest on the Refunded Obligations on
their redemption date shall be from the funds placed in escrow with the Escrow Agent, pursuant to the Escrow
Agreement approved in Section 15 of this Ordinance.
Section 17. APPROPRIATION. To pay the debt service coming due on the Bond, if any, prior to
receipt of the taxes levied to pay such debt service, there is hereby appropriated from current funds on hand,
which are hereby certified to be on hand and available for such purpose, an amount sufficient to pay such debt
service, and such amount shall be used for no other purpose.
Section 18. SEVERABILITY. If any section, article, paragraph, sentence, clause, phrase or word
in this Ordinance, or application thereof to any persons or circumstances is held invalid or unconstitutional by
a court of competent jurisdiction, such holding shall not affect the validity of the remaining portion of this
Ordinance, despite such invalidity, which remaining portions shall remain in full force and effect.
Section 19. EFFECTIVE DATE. In accordance with the provisions of Texas Government Code,
Section 1201.028, this Ordinance shall be effective immediately upon its adoption by the City Council.
[Execution Page Follows]
18
2009.
DULY PASSED by the City Council of the City of Coppell, Texas this the 10 day of November,
APPROVED:
9 L/J/M '
MAYOR .
ATTEST:
[CITY SEAL]
Description
SCHEDULE I
SCHEDULE OF REFUNDED BONDS
Combination Tax and Revenue Certificates of Obligation,
Series 1997 2/1/2010 $ 60,000 $ 60,000
2/1/2011 60,000 60,000
2/1/2012 65,000 65,000
2/1/2013 70,000 70,000
2/1/2014 70,000 70,000
2/1/2017 240,000 240,000
Total $565,000 $565,000
Called for redemption on January 11, 2010, at par plus accrued interest.
Principal Principal
Amount Amount
Description Maturities Outstanding Refunded
General Obligation Refunding and Improvement Bonds,
Series 1997
Description
Total
Called for redemption on January 11, 2010, at par plus accrued interest.
Waterworks and Sewer System Revenue Refunding and
Improvement Bonds, Series 1997
Total
Principal Principal
Amount Amount
Maturities Outstanding Refunded
2/1/2010 $ 275,000 $ 275,000
2/1/2011 285,000 285,000
2/1/2012 305,000 305,000
2/1/2013 290,000 290,000
2/112014 220,000 220,000
2/1/2017 735,000 735,000
$2,110,000 $2,110,000
Principal Principal
Amount Amount
Maturities Outstanding Refunded
9/1/2010 $1,125,000 $1,125,000
9/1/2011 225,000 225,000
9/1/2012 240,000 240,000
9/1/2013 250,000 250,000
9/1/2014 265,000 265,000
9/1/2017 870,000 870,000
$2,975,000 $2,975,000
Called for redemption on January 11, 2010, at par plus accrued interest.
Description
Waterworks and Sewer System Revenue Bonds, Series
1999
Total
Called for redemption on January 11, 2010, at par plus accrued interest.
Description
Combination Tax and Revenue Certificates of obligation,
Series 2001
Total
Called for redemption on January 11, 2010, at par plus accrued interest.
Principal Principal
Amount Amount
Maturities Outstanding Refunded
9/1/2010 $ 100,000 $ 100,000
9/1/2011 100,000 100,000
9/1/2012 105,000 105,000
9/1/2013 110,000 110,000
9/1/2014 1 15,000 115,000
9/1/2015 125,000 125,000
9/1/2016 130,000 130,000
9/1/2017 135,000 135,000
9/1/2018 145,000 145,000
9/1/2019 150,000 150,000
$1,215,000 $1,215,000
Principal Principal
Amount Amount
Maturities Outstanding Refunded
8/1/2010 $ 140,000 $ 140,000
8/1/2011 145,000 145,000
8/1/2012 155,000 155,000
8/1/2013 160,000 160,000
8/1/2014 170,000 170,000
8/1/2015 180,000 180,000
8/1/2016 185,000 185,000
8/1/2017 195,000 195,000
8/1/2018 210,000 210,000
8/1/2019 220,000 220,000
8/1/2020 230,000 230,000
$1,990,000 $1,990,000
EXHIBIT A - NOTICES OF REDEMPTION
NOTICE OF REDEMPTION
CITY OF COPPELL, TEXAS
COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION
SERIES 1997
CUSIP PREFIX 217482
NOTICE IS HEREBY GIVEN that the City of Coppell, Texas has called for redemption the
outstanding Certificates of Obligation of the City described as follows (the "Refunded Obligations ") :
City of Coppell, Texas Combination Tax and Revenue Certificates of Obligation, Series 1997,
dated August 15, 1997, maturing February 1, 2010 through February 1, 2014, and February
1, 2017, in the aggregate principal amount of $565,000 (the "Refunded Obligations "), to the
call date of the Refunded Obligations so called for redemption at Well Fargo Bank, N.A.
Call date: January 11, 2010.
Original Principal Principal Amount to CUSIP
Maturity Date Amount be Redeemed Suffix
2/1/2010 $ 60,000 $ 60,000 ZS 0
2/1/2011 60,000 60,000 ZT 8
2/1/2012 65,000 65,000 ZU 5
2/1/2013 70,000 70,000 ZV 3
2/1/2014 70,000 70,000 ZW 1
2/1/2017 240,000 240,000 ZX 9
$565,000 $565,000
On January 11, 2010, . interest on the Refunded Obligations shall cease to accrue and be
payable.
THE REFUNDED OBLIGATIONS shall be redeemed in whole at Well Fargo Bank, N.A as the
Paying Agent/Registrar for said Refunded Obligations. Upon presentation of the Refunded Obligations at the
Paying Agent/Registrar on the aforementioned redemption date, the holder thereof shall be entitled to receive
the redemption price equal to par and accrued interest to the redemption date.
NOTICE IS GIVEN that due and proper arrangements have been made for providing the place of
payment of said Refunded Obligations called for redemption with funds sufficient to pay the principal amount
of said Refunded Obligations and the interest thereon to the redemption date. In the event said Refunded
Obligations, or any of them are not presented for redemption by the date fixed for their redemption, they shall
not thereafter bear interest.
UNDER THE PROVISIONS of Section 3406 of the Internal Revenue Code of 1986, as amended
paying agents making payments of interest and principal on municipal securities may be obligated to withhold
a tax from remittance to individuals who have failed to furnish the paying agent with a valid taxpayer
A -1
identification number. Registered holders who wish to avoid the imposition of the tax should submit certified
taxpayer identification numbers (via form W -9) when presenting the Refunded Obligations for payment.
THIS NOTICE is issued and given pursuant to the redemption provisions in the proceedings
authorizing the issuance of the aforementioned Refunded Obligations and in accordance with the recitals and
provisions of said Refunded Obligations.
address:
NOTICE IS FURTHER GIVEN that the Refunded Obligations should be submitted to the following
Registered or Certified Mail
Wells Fargo Bank, N.A
Corporate Trust Operations
MAC N9303 -121
Po Box 1517
Minneapolis, MN 55480
Hand/Courier or overnight Mail In Person
Wells Fargo Bank, N.A
Corporate Trust Services, 12' Floor
MAC N9303 -121
6' & Marquette Ave.
Minneapolis, MN 55479
CITY OF COPPELL, TEXAS
Northstar East Building
Corporate Trust Operations
608 2' Avenue South
Minneapolis, MN
NOTICE OF REDEMPTION
CITY OF COPPELL, TEXAS
GENERAL OBLIGATION REFUNDING AND IMPROVEMENT BONDS
SERIES 1997
CUSIP PREFIX 217482
NOTICE IS HEREBY GIVEN that the City of Coppell, Texas has called for redemption the
outstanding Bonds of the City described as follows (the "Refunded Obligations "):
City of Coppell, Texas General Obligation Refunding and Improvement Bonds, Series 1997,
dated August 15, 1997, maturing February 1, 2010 through February 1, 2014, and February
1, 2017, in the aggregate principal amount of $2,110,000 (the "Refunded Obligations "), to the
call date of the Refunded Obligations so called for redemption at Well Fargo Bank, N.A.
Call date: January 11, 2010.
Original Principal Principal Amount to CUSIP
Maturity Date Amount be Redeemed Suffix
2/1/2010 $ 275,000 $ 275,000 ZA 9
2/1/2011 285,000 285,000 ZB 7
2/1/2012 305,000 305,000 ZC 5
2/1/2013 290,000 290,000 ZD 3
2/1/2014 220,000 220,000 ZE 1
2/1/2017 735,000 735,000 ZF 8
$2,110,000 $2,110,000
On January 11, 2010, interest on the Refunded Obligations shall cease to accrue and be
payable.
THE REFUNDED OBLIGATIONS shall be redeemed in whole at Well Fargo Bank, N.A. as the
Paying Agent/Registrar for said Refunded Obligations. Upon presentation of the Refunded Obligations at the
Paying Agent/Registrar on the aforementioned redemption date, the holder thereof shall be entitled to receive
the redemption price equal to par and accrued interest to the redemption date.
NOTICE IS GIVEN that due and proper arrangements have been made for providing the place of
payment of said Refunded Obligations called for redemption with funds sufficient to pay the principal amount
of said Refunded Obligations and the interest thereon to the redemption date. In the event said Refunded
Obligations, or any of them are not presented for redemption by the date fixed for their redemption, they shall
not thereafter bear interest.
UNDER THE PROVISIONS of Section 3406 of the Internal Revenue Code of 1986, as amended
paying agents making payments of interest and principal on municipal securities may be obligated to withhold
a tax from remittance to individuals who have failed to furnish the paying agent with a valid taxpayer
identification number. Registered holders who wish to avoid the imposition of the tax should submit certified
taxpayer identification numbers (via form W -9) when presenting the Refunded Obligations for payment.
A -3
THIS NOTICE is issued and given pursuant to the redemption provisions in the proceedings
authorizing the issuance of the aforementioned Refunded Obligations and in accordance with the recitals and
provisions of said Refunded Obligations.
address:
NOTICE IS FURTHER GIVEN that the Refunded Obligations should be submitted to the following
Registered or Certified Mail
Wells Fargo Bank, N.A
Corporate Trust Operations
MAC N9303 -121
Po Box 1517
Minneapolis, MN 55480
HandlCourier or Overnight Mail In Person
Wells Fargo Bank, N.A
Corporate Trust Services, 12 Floor
MAC N9303 -121
6 & Marquette Ave.
Minneapolis, MN 55479
CITY OF COPPELL, TEXAS
Northstar East Building
Corporate Trust Operations
608 2' Avenue South
Minneapolis, MN
NOTICE OF REDEMPTION
CITY OF COPPELL, TEXAS
WATERWORKS AND SEWER SYSTEM REVENUE
REFUNDING AND IMPROVEMENT BONDS
SERIES 1997
CUSIP PREFIX 217498
NOTICE IS HEREBY GIVEN that the City of Coppell, Texas has called for redemption the
outstanding Bonds of the City described as follows (the "Refunded Obligations ") :
City of Coppell, Texas Waterworks and Sewer System Revenue Refunding and Improvement
Bonds, Series 1997, dated October 1, 1997, maturing September 1, 2010 through September
1, 2014, and September 1, 2017, in the aggregate principal amount of $2,975,000 (the
"Refunded Obligations"), to the call date of the Refunded Obligations so called for redemption
at Well Fargo Bank, N.A. Call date: January 11, 2010.
Original Principal Principal Amount to CUSIP
Maturity Date , Amount be Redeemed Suffix
9/1/2010 $1,125,000 $1,125,000 FS 8
9/1/2011 225,000 225,000 FT 6
9/1/2012 240,000 240,000 FU 3
9/1/2013 250,000 250,000 FV 1
9/1/2014 265,000 265,000 FW 9
9/1/2017 870,000 870,000 FZ 2
$2,975,000 $2,975,000
On January 11, 2010, interest on the Refunded Obligations shall cease to accrue and be
payable.
THE REFUNDED OBLIGATIONS shall be redeemed in whole at Well Fargo Bank, N.A. as the
Paying Agent/Registrar for said Refunded Obligations. Upon presentation of the Refunded Obligations at the
Paying Agent/Registrar on the aforementioned redemption date, the holder thereof shall be entitled to receive
the redemption price equal to par and accrued interest to the redemption date.
NOTICE IS GIVEN that due and proper arrangements have been made for providing the place of
payment of said Refunded Obligations called for redemption with funds sufficient to pay the principal amount
of said Refunded Obligations and the interest thereon to the redemption date. In the event said Refunded
Obligations, or any of them are not presented for redemption by the date fixed for their redemption, they shall
not thereafter bear interest.
UNDER THE PROVISIONS of Section 3406 of the Internal Revenue Code of 1986, as amended
paying agents making payments of interest and principal on municipal securities may be obligated to withhold
a tax from remittance to individuals who have failed to furnish the paying agent with a valid taxpayer
A -5
identification number. Registered holders who wish to avoid the imposition of the tax should submit certified
taxpayer identification numbers (via form W -9) when presenting the Refunded Obligations for payment.
THIS NOTICE is issued and given pursuant to the redemption provisions in the proceedings
authorizing the issuance of the aforementioned Refunded Obligations and in accordance with the recitals and
provisions of said Refunded Obligations.
address:
NOTICE IS FURTHER GIVEN that the Refunded Obligations should be submitted to the following
Registered or Certified Mail
Wells Fargo Bank, N.A
Corporate Trust Operations
MAC N9303 -121
Po Box 1517
Minneapolis, MN 55480
Hand/Courier or Overnight Mail In Person
Wells Fargo Bank, N.A
Corporate Trust Services, 12 Floor
MAC N9303 -121
6 & Marquette Ave.
Minneapolis, MN 55479
CITY OF COPPELL, TEXAS
Northstar East Building
Corporate Trust Operations
608 2 Avenue South
Minneapolis, MN
NOTICE OF REDEMPTION
CITY OF COPPELL, TEXAS
WATERWORKS AND SEWER SYSTEM REVENUE BONDS
SERIES 1999
CUSIP PREFIX 217498
NOTICE IS HEREBY GIVEN that the City of Coppell, Texas has called for redemption the
outstanding Bonds of the City described as follows (the "Refunded Obligations ") :
City of Coppell, Texas Waterworks and Sewer System Revenue Bonds, Series 1999, dated
January 15, 1999, maturing September 1, 2010 through September 1, 2019, in the aggregate
principal amount of $1,215,000 (the "Refunded Obligations"), to the call date of the Refunded
Obligations so called for redemption at The Bank of New York Mellon Trust Company, N.A.
Call date: January 11, 2010.
Original Principal Principal Amount to CUSIP
Maturity Date Amount be Redeemed Suffix
9/1/2010 $ 100,000 $ 100,000 GL 2
9/1/2011 1 00,000 100,000 GM 0
9/1/2012 1 05,000 105,000 GN 8
9/1/2013 110,000 110,000 GP 3
9/1/2014 115,000 115,000 GQ 1
9/1/2015 125,000 125,000 GR 9
9/1/2016 130,000 130,000 GS 7
9/1/2017 135,000 135,000 GT 5
9/1/2018 145,000 145,000 GU 2
9/112019 150,000 150,000 GV 0
$1,215,000 $1,215,000
On January 11, 2010, interest on the Refunded Obligations shall cease to accrue and be
payable.
THE REFUNDED OBLIGATIONS shall be redeemed in whole at The Bank of New York Mellon
Trust Company, N.A., as the Paying Agent/Registrar for said Refunded Obligations. Upon presentation of
the Refunded Obligations at the Paying Agent/Registrar on the aforementioned redemption date, the holder
thereof shall be entitled to receive the redemption price equal to par and accrued interest to the redemption date.
NOTICE IS GIVEN that due and proper arrangements have been made for providing the place of
payment of said Refunded Obligations called for redemption with funds sufficient to pay the principal amount
of said Refunded Obligations and the interest thereon to the redemption date. In the event said Refunded
Obligations, or any of them are not presented for redemption by the date fixed for their redemption, they shall
not thereafter bear interest.
A -7
UNDER THE PROVISIONS of Section 3406 of the Internal Revenue Code of 1986, as amended
paying agents making payments of interest and principal on municipal securities may be obligated to withhold
a tax from remittance to individuals who have failed to furnish the paying agent with a valid taxpayer
identification number. Registered holders who wish to avoid the imposition of the tax should submit certified
taxpayer identification numbers (via form W -9) when presenting the Refunded Obligations for payment.
THIS NOTICE is issued and given pursuant to the redemption provisions in the proceedings
authorizing the issuance of the aforementioned Refunded Obligations and in accordance with the recitals and
provisions of said Refunded Obligations.
address:
NOTICE IS FURTHER GIVEN that the Refunded Obligations should be submitted to the following
Express Delivery
The Bank of New York Mellon
Trust Company, N.A.
Global Corporate Trust
2001 Bryan Street
9TH Floor
Dallas, Texas 75201
First Class /Registered/Certified Mail
The Bank of New York Mellon
Trust Company, N.A.
Global Corporate Trust
P.O. Box 2320
Dallas, Texas 75221-2320
CITY OF COPPELL, TEXAS
Hand Delivery
The Bank of New York Mellon
Trust Company, N.A.
Global Corporate Trust
Corporate Trust Window
101 Barclay Street
1ST Floor East
New York, New York 10286
NOTICE OF REDEMPTION
CITY OF COPPELL, TEXAS
COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION
SERIES 2001
CUSIP PREFIX 217482
NOTICE IS HEREBY GIVEN that the City of Coppell, Texas has called for redemption the
outstanding Certificates of Obligation of the City described as follows (the "Refunded Obligations "):
City of Coppell, Texas Combination Tax and Revenue Certificates of Obligation, Series 2001,
dated January 15, 2001, maturing August 1, 2010 through August 1, 2020, in the aggregate
principal amount of $1,990,000 (the "Refunded Obligations "), to the call date ofthe Refunded
Obligations so called for redemption at well Fargo Bank, N.A. Call date: January 11, 2010.
Original Principal Principal Amount to CUSIP
Maturity Date Amount be Redeemed Suffix
8/1/2010 $ 140,000 $ 140,000 UN 6
8/1/2011 145,000 145,000 UP 1
8/1/2012 155,000 155,000 UQ 9
8/1/2013 160,000 160,000 UR 7
811/2014 170,000 170,000 US 5
8/1/2015 180,000 180,000 UT 3
8/1/2016 185,000 185 UU 0
8/1/2017 195,000 195 UV 8
8/1/2018 21 0,000 21 0 Uw 6
8/1/2019 220,000 220 UX 4
8/1/2020 23 0, 000 230 000 UY 2
$1,990,000 $1,990
On January 11, 2010, interest on the Refunded Obligations shall cease to accrue and be
payable.
THE REFUNDED OBLIGATIONS shall be redeemed in whole at Well Fargo Bank, N.A. as the
Paying Agent/Registrar for said Refunded Obligations. Upon presentation of the Refunded Obligations at the
Paying Agent/Registrar on the aforementioned redemption date, the holder thereof shall be entitled to receive
the redemption price equal to par and accrued interest to the redemption date.
NOTICE IS GIVEN that due and proper arrangements have been made for providing the place of
payment of said Refunded Obligations called for redemption with funds sufficient to pay the principal amount
of said Refunded Obligations and the interest thereon to the redemption date. In the event said Refunded
Obligations, or any of them are not presented for redemption by the date fixed for their redemption, they shall
not thereafter bear interest.
A -9
UNDER THE PROVISIONS of Section 3406 of the Internal Revenue Code of 1986, as amended
paying agents making payments of interest and principal on municipal securities may be obligated to withhold
a tax from remittance to individuals who have failed to furnish the paying agent with a valid taxpayer
identification number. Registered holders who wish to avoid the imposition of the tax should submit certified
taxpayer identification numbers (via form W -9) when presenting the Refunded Obligations for payment.
THIS NOTICE is issued and given pursuant to the redemption provisions in the proceedings
authorizing the issuance of the aforementioned Refunded Obligations and in accordance with the recitals and
provisions of said Refunded Obligations.
address:
NOTICE IS FURTHER GIVEN that the Refunded Obligations should be submitted to the following
Registered or Certified Mail
Wells Fargo Bank, N.A
Corporate Trust Operations
MAC N9303 -121
Po Box 1517
Minneapolis, MN 55480
Hand/Courier or Overnight Mail In Person
Wells Fargo Bank, N.A
Corporate Trust Services, 12 Floor
MAC N9303 -121
6 TH & Marquette Ave.
Minneapolis, MN 55479
CITY OF COPPELL, TEXAS
Northstar East Building
Corporate Trust Operations
608 2' Avenue South
Minneapolis, MN