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OR 91-522 General obligation Bonds, $8,000,000 ORDINANCE NO. 91522 AUTHORIZING THE ISSUANCE OF C1TY OF COPPELL, TEXAS GENERAL OBLIGATION BONDS, SERIES 1991, IN THE AMOUNT OF $800,000 THE STATE OF TEXAS : COUNTIES OF DALLAS AND DENTON : CITY OF COPPELL : WHEREAS, the bonds hereinafter authorized were lawfully and favorably voted at an election duly held in said City on March 3, 1990; and WHEREAS, out of the $13,580,000 of bonds voted at said election, $2,100,00 has been authorized, issued or delivered as follows: $370,000 for acquiring, constructing and improving permanent public improvements for the Issuer's parks; $220,000 for constructing, improving and equipping permanent public improvements, to-wit: the [ssuer's streets and bridges together with the acquisition and installation of street signalization and opticom equipment; $400,000 for acquiring, constructing and improving permanent public improvements for the Issuer's drainage; $860,000 for acquiring and installing municipal equipment for a public purpose for the Police Department and Fire Department for public safety; and $250,000 for constructing and equipping the Issuer's municipal library. WHEREAS, it is necessary and advisable to authorize, issue and deliver an installment or series of said bonds; and WHEREAS, the bonds hereinafter authorized and designated are voted and are to i~c issued and delivered pursuant to Art. 1175, V.A.T.C.S., and Subchapter E of Chapter 51 ~.ff Local Government Code; and WHEREAS, said meeting was open to the public and published notice of such !-~eeting of the time, place and purpose was given, all as required by Article 6252-17, V.A.T.C.S. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, [EXAS: Section 1. AMOUNT AND PURPOSE OF THE BONDS. The bond or bonds of the City of Coppell, Texas (the "lssuer") are hereby authorized to be issued and delivered in the aggregate principal amount of $800,000 for the purpose of providing $500,000 for constructing, improving and equipping permanent public improvements, to-wit: the Issuer's streets and bridges together with the acquisition and installation of street signalization and t~pticom equipment, and $300,000 for acquiring and installing municipal equipment for a public purpose for the Police Department and Fire Department for public safety. Section 2. DESIGNATION OF THE BONDS. Each bond issued pursuant to this Ordinance shall be designated: "CITY OF COPPELL, TEXAS GENERAL OBLIGATION BOND, SERIES 1991", and initially there shall be issued, sold, and delivered hereunder a single fully registered bond, without interest coupons, payable in installments of principal (the "Initial Bond"), but the Initial Bond may be assigned and transferred and/or converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, having serial maturities, and in the denomination or denominations of $5,000 or any integral multiple of $5,000, all in the manner hereinafter provided. The term "Bonds" as used in this Ordinance shall mean and include collectively the Initial Bond and all substitute bonds exchanged therefor, as well as all other substitute bonds and replacement bonds issued pursuant hereto, and the term "Bond" shall mean any of the Bonds. Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURITIES, ~ N !TIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE IN 1TIAL BOND. ra) The Initial Bond is hereby authorized to be issued, sold, and delivered hereunder as a single fully registered Bond, without interest coupons, dated September 1, 1991, in the &nomination and aggregate principal amount of $800,000, numbered R-l, payable in annual ~rlslallments of principal to the initial registered owner thereof, to-wit: Mercansafe Co, or ~o the registered assignee or assignees of said Bond or any portion or portions thereof (in r:~ch case, the "registered owner"), with the annual installments of principal of the Initial 3,,nd to be payable on the dates, respectively, and in the principal amounts, respectively, ,,t?~ted in the FORM OF INITIAL BOND set forth in this Ordinance. (b) The Initial Bond (i) may be prepaid or redeemed prior to the respective ,chedulcd due dates of installments of principal thereof, (ii) may be assigned and ~!'ansferred, (iii) may be converted and exchanged for other Bonds, (iv) shall have the ~aracteristics, and (v) shall be signed and sealed, and the pnncipal of and interest on the ~nitial Bond shall be payable, all as provided, and in the manner required or indicated, in ~!~e FORM OF tNITIAL BOND set forth in this Ordinance. Sectiota 4. INTEREST. The unpaid principal balance of the Initial Bond shall bear :~:cr~'st from the d~te of the Initial Bond, and will be calculated on the basis of a 360-day ,~l:!r ~f twelve 3(}-day months to the respective schec~uled due dates, or to the respective i~!cs <~f prepayment or redemption, of the installments of principal of the Initial Bond, and :!id interest shall be payable, all in the manner provided and at the rates and on the dates :,~tcd m ~he FORM OF INITIAL BOND set forth in this Ordinance. Section 5. FORM OF INITIAL BOND. The form of the Initial Bond, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be endorsed on the Initial Bond, shall be substantially as follows: FORM OF INITIAL BOND NO. R-1 $800,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTIES OF DALLAS AND DENTON ' CITY OF COPPELL, TEXAS GENERAL OBLIGATION BOND, SERIES 1991 CITY OF COPPELL, in Dallas and Denton Counties (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to MERCANSAFE CO or to the registered assignee or assignees of this Bond or any portion or portions hereof (in each case, the "registered owner") the aggregate principal amount of EIGHT HUNDRED THOUSAND DOLLARS in annual installments of principal due and payable on February 1 in each of the years, and in the respective principal amounts, as set forth in the following schedule: YEAR AMOUNT YEAR AMOUNT 1993 $65,000 2003 $25,000 1994 70,000 2004 25,000 1995 75,000 2005 25,000 1996 80,000 2006 30,000 1997 80,000 '~7 '10,OO0 1998 15,000 2008 35,000 1999 20,000 2009 35,000 2000 20,000 2010 40,000 2001 20,000 2011 40,000 2002 20,000 2012 50,000 and to pay interest, from the date of this Bond hereinafter stated, on the balance of each such installment of principal, respectively, from time to time remaining unpaid, at the rates as follows: maturity 1993, 9.00% maturity 2003, 6.50% maturity 1994, 9.00% maturity 2004, 6.50% maturity 1995, 9.00% maturity 2005, 6.50% maturity 1996, 6.85% maturity 2006, 6.50% maturity 1997, 6.00% maturity 2007, 6.75% maturity 1998, 6.130% maturity 2008, 6.75% maturity 1999, 6.00% maturity 2009, 7.00% maturity 2000, 6.25% maturity 2010, 7.00% maturity 2001, 6.25% maturity 2011, 7.00% maturity 2002, 6.25% maturity 2012, 7.00% with said interest being payable on Februan., 1, 1992 and semiannually on each February 1 and August 1 thereafter while this Bond or any portion hereof is outstanding and unpaid. THE INSTALLMENTS OF PRINCIPAL OF AND THE 1NTEREST ON this bond are payable in lawful money of the United States of America, without exchange or collection charges. The installments of principal and the interest on this Bond are payable to the registered owner hereof through the services of First City, Texas - Dallas, Dallas, Texas, which is the "Paying Agent/Registrar" for this Bond. Payment of all principal of and interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each principal and/or interest payment date by check or draft, dated as of such date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the lssuer required by the ordinance authorizing the issuance of this Bond (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 principal and/or interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared on the 15th 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, or by such other method acceptable to the Paying Agent/Registrar requested by, and at the risk and expense of, the registered owner. The lssuer covenants with the registered owner of this Bond that on or before each principal and/or interest payment date for this Bond it will make available to the Paying Agent,rRegistrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of ano interest on this 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 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 which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment cm such date shall have the same force and effect as if made on the original date payment was due. 4 THIS BOND has been authorized in accordance with the Constitution and laws of the State of Texas, in the principal amount of $800,000 for the purpose of providing $500,000 for constructing, improving and equipping permanent public improvements, to-wit: the lssuer's streets and bridges together with the acquisition and installation of street signalization and opticore equipment, and $300,000 for acquiring and installing municipal equipment for a public purpose for the Police Department and Fire Department for public safety. ON FEBRUARY i, 2001, or any date thereafter, the unpaid installments of principal of this Bonct may be prepaid or redeemed prior to their scheduled due dates, at the option of the Issuer, with funds derived from any available source, as a whole, or in part, and, if in part, the lssuer shall select and designate the maturity, or maturities, and the amount that is to be redeemed, and if less than a whole maturity is to be called, the Issuer shall direct the Paying Agent/Registrar to call by lot (provided that a portion of this Bond may be redeemed only jn an integral multiple of $5,000), at the redemption price of the principal amount. plus accrued interest to the date fixed for prepayment or redemption. AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice of such prepayment or redemption shall be mailed by the Paying Agent/Reg- istrar to the registered owner hereof. By the date fixed for any such prepayment or redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required prepayment or redemption price for this Bond or the portion hereof which is to be so prepaid or redeemed, plus accrued interest thereon to the date fixed for prepayment or redemption. If such written notice of prepayment or redemption is given, and if due provision for such payment is made, all as provided above, this Bond, or the portion thereof which is to be so prepaid or redeemed, thereby automatically shall be treated as prepaid or redeemed prior to its scheduled due date, and shall not bear interest after the date fLxed for its prepayment or redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the prepayment or redemption price plus accrued interest to the date fixed for prepayment or redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of this Bond or any portion hereof. THIS BOND. to the extent of the unpaid or unredeemed principal balance hereof, or any unpaid and unredeemed portion hereof in any integral multiple of $5,000, may be assigned by the initial registered owner hereof and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond Ordinance. Among other requirements for such transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar tbr cancellation, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar. evidencing assignment by the initial registered owner of this Bond, or any pc~rt/on or portions hereof in any integral multiple of $5,000, to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be trans- ferred and registered. Any instrument or instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond or any such portion or portions hereof by the initial registered owner hereof. A new bond or bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such new Bond or Bonds) or to the initial registered owner as to any portion of this Bond which is not being assigned and transferred by the initial registered owner, shall be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond or any portion or portions hereof, but solely in the form and manner as provided in the next paragraph hereof for the conversion and exchange of this Bond or any portion hereof. The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. AS PROVIDED above and in the Bond Ordinance, this Bond, to the extent of the unpaid or unredeemed principal balance hereof, may be converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the assignee or assignees duly designated in writing by the initial registered owner hereof, or to the initial registered owner as to any portion of this Bond which is not being assigned ~md transferred by the initial registered owner, in any denomination or denominations in any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute bond issued in exchange for any portion of this Bond shall have a single stated principal ma- turity date), upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. If this Bond or any portion hereof is assigned and transferred or converted each bond issued in exchange for any portion hereof shall have a single stated principal maturity date corresponding to the due date of the installment of principal of this Bond or portion hereof for which the substitute bond is being exchanged, and shall bear interest at the rate applicable to and borne by such installment of principal or portion thereof. Such bonds, respectively, shall be subject to redemptkm prior to maturity on the same dates and for the same prices as the corresponding installment of principal of this Bond or portion hereof for which they are being exchanged. No such bond shall be payable in installments, but shall have only one stated principal maturity date. AS PROVIDED IN THE BOND ORDINANCE, THIS BOND 1N ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more assignees, but the bonds issued and de- livered in exchange for this Bond or any portion hereof may be assigned and transferred, and ctmverted, subsequently, as provided in the Bond Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging this Bond or any portion thereof, but the one requesting such transfer. conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make any st~ch assignment, conversion, or exchange (i) during the period commencing with the close .3f business ,in any Record Date and ending with the opening of business on the t~ext 6 following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for prepayment or redemption prior to maturity, within 30 days prior to its prepayment or redemption date. 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 promptly will cause written notice thereof to be mailed to the registered owner of this Bond. IT IS HEREBY certified, recited, and covertanted that this Bond has been duly and validly voted, authorized. issued, sold, 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; that this Bond is a general obligation of the Issuer, issued on the full faith and credit thereof; and that ad valorera taxes sufficient to provide for the payment of the interest on and principal of this Bond, as such interest and principal come due, have been levied and ordered to be levied against all taxable property in the Issuer, and have been pledged for such payment, within the limit prescribed by law. 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 the registered owner hereof and the Issuer. IN WITNESS WHEREOF, the lssuer has caused this Bond to be signed with the manual signature of the Mayor of the lssuer and countersigned with the manual signature cff the City Secretary of the Issuer, has caused the official seal of the Issuer to be duly impressed on this Bond, and has caused this Bond to be dated September 1, 1991. City Secretary Mayor (CITY SEAL) 7