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HomeMy WebLinkAboutORD 72-28'7Q� ORDINANCE NO. 72- g ORDINANCE AUTHORIZING THE ISSUANCE OF $3,750,.000 CITY'OF BEAUMONT, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1972 WHEREAS, a,�-\an election held in and thro4�hout the City of Beaumont.'. Texas, on the 4th day of May, 19711, more than a.. majority of the duly qualified resident electors of said City; voting at said election, voted in favor.of the issuance of the following tax bonds of said City, to -wit:. $1,900,000 bonds for the purpose of constructing permanent public improvements in and for said City, to -wit: a Central, Library Building, $2,900,000 bonds for the purpose of constructing permanent public improvements.in and for said City, to -wit: a Police and Corporation Court Building, $200,000 bonds for the purpose of constructing permanent public improvements in and for said City, to -wit: a Fire Training Building, $5,590,000 bonds for the purpose of constructing permanent public improvements in and for said City, to -wit: the construction and improvement of the roads, bridges, and streets of such City, including, but not -by way of limitation, related drainage. -facilities, related traffic control de- vices, and the acquisition of rights-of-way, $360,000 bonds for the purpose of .constructing permanent public improvements in and for said City, to -wit: improving and.extending a traffic control system for said City, and $2,000,000 bonds for the -purpose of constructing permanent public improvements in and -for said City, to -wit: sanitary sewer,improvements, said bonds to mature serially within 25 years from their date or dates and bearing interest at any rate or rates as shall be determined within the discretion of said City Council, but not exceeding 7% per annum; and WHEREAS, the City Council of said City has heretofore J, issued, sold and delivered $400,000 Central Library Building bonds, $2,620,000 Police and Corporation Court.Building bonds, $20,000 Fire Training Building bonds, .$4,000,000street improve- ment bonds, $160,000 traffic control system bonds and $1,000,000 sanitary sewer improvements bonds, combined into one issue of said City's General Obligation Bonds, Series 1971, leaving the remaining $4,750,000 bonds, to -wit: $1,500,000. Central Library Building bonds, $ 280,000 Police and Corporation Court Building bonds, $ 180,000 Fire Training Building bonds, $1,590,000 street improvement bonds, $ 200,000 traffic control system bonds, and $13000,000 sanitary sewer improvements bonds to be issued, sold and delivered at a later date; and, WHEREAS, the City Council of_said,City has determined that said $1,500,000 Central -Library Building bonds, $2805000. Police and,Corporation Court Building,bonds, $180,000 Fire Training Building bonds, $1,590,000 street improvement bonds, and $200,000 traffic control system bonds, aggregating $3,750,000, should..be combined into one issue of bonds, and-sa-id City Council .now desires to proceed with the issuance, sale and delivery of such bonds, leaving the remaining $1,000.,000 sanitary sewer improvements bonds to be issued, sold and delivered,at a later date; Therefore BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. The City's :negotiable, serial, coupon bonds to be designated "CITY OF BEAUMONT, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1972", are hereby authorized to be issued and delivered in the principal amount of $3,750,000 for the purpose. of constructing permanent public improvements in and for said City, to -wit: a Central Library Building, a Police and -2- • Corporation,Court Building, a Fire Training Building, street improvements and -traffic control system improvements. Section 2. Said bonds shall be dated June 1, 19723 shall be numbered consecutively from 1 to 750, both inclusive, shall be in the denomination of $5,000 each, and shall mature serially on Septemberl of each of the years, and in the amounts, respec- tively, as set forth in the following schedule, to -wit: $170.100ov"'� 1979 .345,000 1980 455,000 1981 470,000 1982. 135,000 19983 515,000 1984 535,000 1985 555,000 1986 570,000 1987 Section 3. Said bonds shall bear interest per annum at the following rates, respectively, to -wit: Bonds maturing 1979 through. 19 , p %, Bonds maturing 19 870 through 19 1?3 % Bonds maturing 19.gq through 19 7'• Ja Bonds Bonds maturing maturing 19 9Y_ 19 8 ( through through 19 19 Z/, 7J- %� Bonds maturing 19 through 193 % evidenced,by interest coupons which:sha-11 appertain to said bonds and which shall be payable on the dates indicated in the FORM OF BONDS -set forth inthis ordinance. Section 4. Said bonds, and the -interest coupons. apper- taining thereto, shall be payable, shall have the characteristics, and shall be signed and executed.(and said bonds shall be sealed), all.as provided and in the manner.indicated in the FORM OF BONDS set forth in this ordinance. Section 5. The form of.said.bonds, including the form of registration certificate of the Comptroller of Public Accounts —3— of the State of Texas -to be printed and endorsed on each of said bonds, and the form of the aforesaid interest coupons which shall appertain and be.attached initially to each of said.bonds, shall be, respectively, substantially as follows: FORM OF BONDS: No. $5,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF JEFFERSON CITY .OF BEAUMONT, TEXAS, GENERAL OBLIGATION BOND, SERIES 1972 THE CITY OF BEAUMONT, in the County of Jefferson, State of Texas, hereby acknowledges itself indebted to and PROMISES TO PAY TO BEARER ON .SEPTEMBER 1, 19 , the principal-amount.of FIVE THOUSAND DOLLARS and to�pay interest thereon, from the date hereof, at' -the rate of % per annum, evidenced by interest coupons payable March 1, 1973, and semiannually thereafter on September 1 and March 1 of each year while this bond is outstanding. The principal of this bond and the interest coupons appertaining hereto shall be paya- ble to bearer in any coin or currency which, on the respective dates•of payment of such principal and interest, is legal tender for thepayment of debts due .the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this bond or proper interest coupon, at The American National Bank of Beaumont, Texas, which shall be the paying agent for this series of bonds. THIS BOND is one of a series of negotiable, serial, coupon. bonds, dated June 1, 1972, issued in.the principal amount of $3,750,000 (constituting a portion and the second installment out of a total of $12,950,000 bonds.authorized at an election -4- held within the City on May 4, 1971, $8,200,000 bonds having been heretofore issued), in accordance with Chapters 1 and 7 of Title 22, Revised Civil Statutes of Texas, 1925, as amended.,. the.Home-Rule Charter of said City; and authorized pursuant to an ordinance duly adopted by the City Council.of the City for the purpose of constructing permanent public improvements in and for said City, to -wit: a Central Library Building, a.Police and Corporation Court Building, a Fire Training Building,.street improvements and traffic.control-system improvements. IT IS HEREBY CERTIFIED, RECITED AND COVENANTED that this bond has been duly and validly voted, authorized, issued and delivered; that all acts, conditions and things required or proper to be performed, exist and bedone precedent to or in the.issuance, and delivery of this bond, have been performed, existed and,been done in accordance with law; that this bond is.a general,obliga tion of the City, issued on the full faith and credit thereof; that due provision has been made for the payment of .the principal. of and interest on this bond, and the series -of which it is a part, by the levy of a direct annual ad valorem tax upon all. taxable property within said City sufficient for said purposes; and that -the total indebtedness.of said City, including the entire series of bonds of which this is one, does not exceed any Constitutional or statutory limitation. IN TESTIMONY WHEREOF, this bond and the interest coupons appertaining hereto have been signed with the facsimile Signa-. Lure. of the Mayor and countersigned with the facsimile signature of the City Cferk, and the official seal of the City has been duly impressed, or placed in facsimile, on this bond. COUNTERSIGNED: Mayor, City of Beaumont, Texas City Clerk, City of Beaumont, Texas (SEAL) -5- '7 FORM OF REGISTRATION CERTIFICATE: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I HEREBY CERTIFY that this bond has been examined, certi- fied 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. (SEAL) WITNESS my signature and seal this Comptroller of Public Accounts of the State of Texas FORM OF INTEREST COUPONS: No. $ ON 1, 19 , THE CITY OF BEAUMONT, in the County of Jefferson, State of Texas.- PROMISES exas;PROMISES TO PAY TO BEARER the amount shown on this interest coupon, in any coin or currency which on such date is legal tender for the, payment of debts due the United States.of America, without exchange or collection charges to the bearer, upon presentation and surrender of this interest coupon,at The American National Bank of Beaumont, Texas, said amount being interest due that date on the bond bearing the number hereinafter designated of that issue of City of Beaumont, Texas, General Obligation Bonds, Series 1972, dated June 1, 1972.. Bond No. City Clerk, City of Beaumont, Texas 9.9 Mayor, City of Beaumont, Texas Section 6. That there is hereby created a special fund to be designated "City of Beaumont, Texas, General Obligation Bonds; Series 1972, Interest and Sinking Fund", and alltaxes collected for and on account of said bondsshall be deposited, as collected, to the credit.of the Interest and Sinking Fund. During each year -while any of said bonds or interest coupons appertaining thereto are outstanding and unpaid, the,City,Council of.the,City shall compute and ascertain a rate and: amount of ad valorem tax which will be sufficient to raise and produce the money required to paythe interest on said bonds.as such interest comes due and to provide and maintain a sinking fund of not less than 2% of the.principal amount of,.said bonds or not less than the amount!.required, to pay the principal ;out of said tax, which- ever.is greater; and said tax shall be based on the -latest approved tax rolls of the City, with full allowance being made for tax delinquencies and the cost.of tax collection. Said rate and amount.of ad valorem tax are -hereby levied, and arehereby, ordered to be levied, against all taxable property in the City for each year while any of said bonds or interest coupons apper- taining thereto 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 thepayment of the interest on and principal of said bonds, as such interest comes -due and, such principal matures, are hereby pledged irrevocably. -for such pay- ment within the.limits prescribed by law. Section 7. The City hereby specially covenants and agrees with the original purchasers of the Series.1972 Bonds (the "Bonds") and with t -he owners or holders from time to time of the Bonds that: -7- 1. The City will promptly proceed to utilize the proceeds of the sale of the Bonds (other than accrued interest to date of delivery and any premium) for the purpose, as stated on the face of each of said Bonds, for which the Bonds are to be issued. 2. No portion of the Bonds is issued as a part of an issue, all ora major portion of the proceeds of which are reasonably expected to be,,used.directly or indirectly: (a) to acquire securities (within the meaning of Section 165 [g][2][A] or [B] of the Internal Revenue Code), except fora temporary period as permitted by Section 103 (d)(4)(A) of the Internal Revenue.Code, or obligations other than the obligations described in:Section 103 (a)(1) of the Internal Revenue Code which may be reasonably,expected at the time of the issuance of such issue of Bonds,to produce a yield over the term of the issue of Bonds which is materi-. ally higher (taking into account any discount or premium) than the yield on the issue of Bonds or (b) to replace funds which were used directly or.indirectly to,acquire securities or obligations described in subparagraph (a) above. 3., The City will take such action as may be necessary in accordance with regulations prescribed from time to time by the Secre- tary of the, Treasury or his delegate to carryout the purposes of Section 103 (d) of the Internal Revenue Code:, so that.,no . portion of the issue of Bonds -shall be classified as an "arbitrage bond"" within the meaning.of Section 103 (d) of the Internal Revenue Code. 4. The City will not permit to be deposited to the credit of any of the funds herein men- tioned or applied to the payment of the principal of or interest on -the Bonds any proceeds from any.grant, donation or income received from the United States Government, whether pursuant to agreementlor otherwise, if.such deposit or application,would result in interest payable.on said Bonds being includable in whole or in part in gross income for Federal income taxes. Section 8. That the Mayor of said City is hereby.author- ized to have control of said bonds and all necessary records and proceedings pertaining.to said bonds pending their 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 said bonds, the Comptroller. of Public Accounts (9r,a deputy designated in writing to act for the Comptroller) shall manually sign the Comptroller's registration certificate prescribed herein to be printed and endorsed on each bond; and the seal of the Comptroller shall be impressed, or placed in facsimile, on each of said bonds. Section 9. Said bonds, having been advertised for public. sale in accordance with the terms and provisions of Section 4, Article IX of the. City's Charter, and -bids having been received pursuant thereto, 'it is hereby found and determined that the bid of l ZF? ?,J ITA) t�SaoCr',}- %.S at a price equal to the principal amount thereof, plus accrued interest thereon from the date hereof to the date of actual delivery plus a cash premium of $ / % ,.is.the,best bid received, and the sale of said bonds to the named bidder at the.stated price is hereby authorized, approved, ratified and confirmed, subject to the unqualified approving opinions as to the legality of the bonds by the Attorney General of the State of Texas and Vinson, Elkins, Searls & Smith, Houston, Texas, market attorneys, is hereby authorized, approved, ratified and confirmed. Section 10. That the Mayor, City,Clerk and other appro- priate officers of the City of.Beaumont are hereby authorized i and directed to do any and all things necessary and/or con- venient to carry out the terms of this ordinance. Section.11: That this ordinance shall take effect immediately upon,its passage. PASSED AND APPROVED this 6th day of June, 1972. ATTEST: 6CI-ty Clerk, City of Beaumont, Texas (S.EAL ) Mayo , City of Beaumont, Texas -10-