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HomeMy WebLinkAboutORD 72-29ORDINANCE NO. 72- C, AUTHORIZING THE ISSUANCE OF $1,000,000 CITY OF BEAUMONT, TEXAS, WATERWORKS SYSTEM REVENUE BONDS, SERIES,1972-A THE STATE OF TEXAS § COUNTY OF -JEFFERSON § CITY OF BEAUMONT § i8E .IT ORDAINED BY THE CITY OFBEAUMONT: ARTICLE I. STATUTORY AUTHORITY Recitals and Findings Section 1.01 - Creation of City. The City of Beaumont, Texas (the "City") was duly incorporated as a municipal corporation under the laws of the State of Texas, and on December 6, 1947, said 9'2 2, City, pursuant to the Home Rule Amendment -to the Constitution of the State of Texas, duly adopted a Charter and has since that date operated as a Home -Rule City under the laws of the State of Texas, and said Charter has in no way been altered, changed or amended since its adoption, except as amended at elections held April 8, 1952, and January 25, 1972. Section 1.02 - Authority for this Ordinance. The City is authorized by the Constitution and laws of the State of Texas, particularly Articles 1111 through 1118, Vernon's Texas Civil Statutes, as amended, and its Charter, to improve, enlarge, extend and repair its waterworks system and to issue bonds for such purpose. Section -1.03'- Special Findings. It is hereby found, determined and declared that: 1)- %-�,) -C;� 6-6 r7,=.?- 0 (a) At an election held within.the City of Beaumont, Texas, on the 4th day of May, 1971, more than a majority of the'duly qualified resident electors of said City., voting at said election, voted in favor of the proposition to authorize the issuance of $5,000,000 revenue bonds for the purpose of improving, enlarging, extending and repairing the City's waterworks system, of which $3,000,000 -bonds have been issued; (b) Such election was called and notice thereof was given, and such election was held in accordance with and in conformity with the Constitution and laws of the State of Texas, the Constitution of the United States of America and the Home -Rule Charter of said City, and the City Council of the City has, heretofore officially canvassed the returns of such election and has.determined and declared the specific authority of the City to issue such bonds; (c) In the proceedings authorizing the.issuance of the Outstanding Bonds hereafter defined, and in the Outstand- ing Bonds, the City reserved the right to issue additional. bonds on a parity with said Outstanding Bonds; and (d) In the judgment. of the City Council it would be for the best interests of the City to issue and sell at this time $1,000,.000_in principal amount of said revenue bonds voted at such election, leaving the remaining. $1,00.0,000_bonds to be issued, sold and delivered at a later date, and the City Council desires to proceed with the authorization, issuance, sale and delivery of such issue of such revenue bonds to be EPAM secured by a pledge of and lien on said net revenues of said waterworks system, said Bonds to be.on a parity in all respects to the pledge of and lien on said revenues to the payment of said Outstanding Bonds. ARTICLE II, Definitions and Interpretations Section 2.01 - Definitions. Unless otherwise expressly provided, or unless the context otherwise requires, the terms defined in this Section shall have the respective meanings specified for all purposes of this ordinance except in the form of the bonds and of the interest coupons: Additional Bonds The term "Additional Bonds" shall mean the additional parity revenue bonds which the City expressly reserves the right to issue in the Bonds and in this ordinance. The term "Bond Fund" shall mean the Bond Fund created by the ordinance adopted November 13, 1956, authorizing the issu- ance of the City's Waterworks System Revenue Bonds, Series 1956. Reserve Fund The term "Reserve Fund" shall mean the Reserve Fund cre- ated by said ordinance adopted November 13, 1956. Bond or Bonds The term "Bond" or ".Bonds" shall mean any bond or all bonds, as appropriate, of the issue of $1'000$000_City of Beaumont, Texas, Waterworks System Revenue Bonds, Series 1972-_A,____ authorized and issued pursuant to this ordinance. -3- Outstanding Bonds The term "Outstanding Bonds" shall mean the City's outstanding Waterworks System; (a) Revenue Bonds, Serie( 1958, (b) Revenue Refunding Bonds,, Series 1959, (c) Revenue Bonds, Series 1961, and (d) Revenue Bonds, Series 197-A3payable from the net revenues of the City's waterworks system. Series 1958, Series. 1959, Series. -1961 and -Series 1971 .Ordinances l The term "Series 1958 Ordinance", "Series 1959 Ordinance", "Series 1961 Ordinance" or "Series 1971 Ordinance shall mean the ordinance or ordinances adopted by the City respectively authorizing the issuance. of the Outstanding Bonds, as the case may be. City The term "City" shall mean the City of Beaumont, Texas, and its successors and,where appropriate, the City Council or governing body thereof. City. City Council The term "City Council" shall mean the governing body of the Fiscal Year The term "Fiscal Year" shall mean the.twelve-month period ending June 30; but which may be changed from time to time after the Series 1958, 1959 and 1961 portion of the Outstanding Bonds is retired. Gross Revenues - The term "Gross Revenues" shall mean the gross revenues derived from the ownership and operation of the System.. -4- Net Revenues The term "Net Revenues" shall mean the Gross Revenues derived from the operation of the System less the reasonable expenses of operation and maintenanceof said System, including all salaries, labor, materials, interest and such repairs and extensions as in the judgment of the governing body of the City are necessary to keep the plant or utility in operation and render adequate service to such City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair the original security. Paying Agent The term "Paying Agent" shall mean the bank or banks which are authorized to pay the principal of and interest on the Bonds on behalf of the City. System The term "System" shall mean the waterworks system of the City, including all present and future extensions, replace- ments and improvements to said waterworks system. Section 2.02 - Interpretations. The titles and headings of the Articles and Sections of this Ordinance have been in- serted for convenience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms and provisions hereof. This Ordinance and all the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth -5- herein and to sustain the validity of the Bonds herein authorized and the validity of the lien on and pledge of the revenues from which said Bonds are payable. ARTICLE III. Authorization, Description and Execution of Bonds Section 3.:01 - Name, Amount, Purpose and Authorization. The serial, coupon, revenue bonds of.the City, to be.known and designated as "CITY OF BEAUMONT, TEXAS, WATERWORKS SYSTEM REVENUE BONDS, SERIES 1972-A", shall�be issued in the aggregate principal amount of $1,000,000 for the purpose of improving, enlarging, extending and repairing the City's waterworks system under and in strict conformity with the Constitution and laws of the State of Texas, including particularly Articles 1111 to 1118, Vernon's Texas Civil Statutes, as amended, and the Home -Rule Charter of said.City, and,as authorized by a majority vote of the duly qualified resident electors of the City, voting at an election held within said City on May 4, 1971. Section.3.02: Date;-:Denomination:_and-_Maturities. The Bonds shall be -dated June -1, 1972, shall be numbered consecutively from 1 to 200,.both inclusive, shall be in the.denomination of $5,000 each, and shall mature serially on.September 1 in each of the years, and in the amounts, respectively, as set forth in the following schedule: $40,000 - 1976 45,000 - 1977 50,000 - 1978 55,000 - 1979 55,000 - 1980 55,000 - 1981 603000 - 1982 60,000 - 1983 $65,000 - 1984 65,000 - 1985 70,000 - 1986 75,000 - 1987 75,000 - 1988 75,000 - 1989 75,000 - 1990 80,000 - 1991 Section 3.03--i-Interest-Rates and Interest Payment Dates. Said Bonds shall bear interest evidenced by interest coupons at the following rates per annum: Bonds maturing 1976 through 19 0.0 % , Bonds maturing 19 %% through 19 01-7, 41 `' % Bonds maturing 19 FY through 19 %, Bonds maturing 19_-7 through 19 (Fe , J; '7 for the purpose of making payments thereof and for all other purposes, and neither the City nor the Paying Agent shall be bound by any notice or knowledge to the contrary, whether such Bond shall be overdue or not. All payments of or on account of the interest to any bearer of any interest coupons and all payments of or on,account of principal to any bearer of any Bonds shall be valid and effectual and shall be a discharge of the City and the Paying Agent, irrespective of the liability upon. the Bonds or interest coupons or claims for interest, as the case may be, to the extent of the sums paid. Section. 3..06,. -... Cancellation of - Bonds or Coupons. All Bonds and all interest coupons surrendered to the City or to the Paying Agent for the purpose of payment or redemption shall be canceled, and no Bonds or interest coupons shall be issued in lieu thereof except as expressly permitted by any other provisions of this ordinance. Section 3.07.—Mutilated, Lost, Destroyed or Wrongfully Taken Bonds or;:Coupons:. If the bearer of any Bond or any interest coupon claims that such Bond or interest coupon has been mutilated, lost, destroyed, or wrongfully taken, the City may, under the applicable provisions of Section 8.405, Texas Business and Commercial Code, and Article 715a, V.T.C.S.; as presently existing or as may hereafter be amended, execute a new bond or interest coupon of like tenor and date in exchange and substitution for the mutilated bond or interest coupon or in lieu of and.substitution for the bond or interest coupon so lost, destroyed or wrongfully taken. • ARTICLE IV. Form of Bonds, Registration Certificate and Interest Coupons That.the form of said Bonds, including the form of registra- tion certificate of the,Comptroller of Public Accounts of the State of Texas to be printed and endorsed on each of.said Bonds, and the form of.each of the aforesaid interest coupons which shall appertain and be attached initially to each of said Bonds, shall be, respectively, in substantially the following form: No. FORM OF BONDS: UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF JEFFERSON CITY OF BEAUMONT, TEXAS, WATERWORKS SY.STEM 13EVENUE BONDS,'SERIES .-1972=A $5,000 THE CITY,OF BEAUMONT, TEXAS, for value received, 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 qa March 1, 1973, and semiannually thereafter on September 1 and March 1 of each year while this bond.is outstanding. Both principal of and interest on this bond shall be payable in any coin or currency of the United States of America, which, on the respective dates of payment of such principal and interest, is legal tender for the payment of debts due the United States of America, at The American National Bank of -Beaumont, Texas. The principal,here.of shall be payable only upon: presentation and surrender of this bond, and the interest hereon falling due on and prior to the maturity of this bond.shall be payable only upon presentation and surrender of the interest coupons hereto attached as such coupons severally become due. THE DATE OF -THIS BOND,.in conformity with the ordinance hereinafter mentioned, IS JUNE 1, 1972. THIS BOND IS ONE OF A SERIES OF.200 BONDS -of like tenor and effect, except as, to serial number, interest rate and maturity, being numbered consecutively from 1 to 200, both inclusive, in the denomina- tion of $5,000 each, AGGREGATING $1,000,000, issued pursuant to an ordinance lawfully.adopted by the City Council of said City and duly recorded in its official minutes, for the purpose of improving, enlarging, extending and repairing the City's waterworks system, under and.in strict.conformity with the Constitution and laws of the State of Texas, particularly Articles 1111 to lil8, V.T.C.S., as amended, and the Home -Rule Charter of said City, and by"authori'ty of a vote of the duly qualified resident electors.of said Cit,y.at an election held within said City on the 4th day of May, 1971. -10- THIS BOND SHALL. NOT BE DEEMED TO CONSTITUTE A DEBT of the City .of Beaumont or a pledge of its faith and credit, but shall be payable as to principal and interest, together with the City's outstanding Waterworks System (a) Revenue Bonds., Series 1958, (b) Revenue Refunding Bonds; Series 1959, (c) Revenue Bonds, Series 1961, and (d) Revenue Bonds, Series 1971-A ("Outstanding Bonds"), solely from the revenues derived from the operation of the City's waterworks system. The holder hereof shall never have .the right to demand payment of this obligation out of any funds raised or to be raised by taxation. THE CITY EXPRESSLY RESERVES THE RIGHT TO ISSUE ADDITIONAL PARITY BONDS under the terms and conditions stated in said ordinance above mentioned, and said bonds may be payable from the same source, secured in the same manner and placed on a parity with the Outstanding Bonds,-this.bond and the series of which it is a part. .IT IS FURTHER CERTIFIED AND RECITED that all acts, condi- tions and things required to be done precedent to and in the issuance of this bond and this series of -bonds have happened and have been performed in regular and' due time, form and manner as required by law; that this series of bonds does not exceed any -Constitutional or statutory limitation; and that 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 irrevocably pledging the net revenues specified herein and that the issuance of this series.of bonds does not exceed -any Constitutional or statutory limitation. -11-- • IN TESTIMONY WHEREOF, the City Council of the City.of Beaumont, Texas, has caused the official seal of said City to be duly impressed, or placed in facsimile, hereon, and has caused this bond to be signed by the Mayor of said City and countersigned by the City Clerk, by their facsimile signatures, and the interest coupons hereto annexed also to.be executed by the .facsimile signatures of said Mayor and City Clerk, all as of the date of this bond. Mayor, City of Beaumont, Texas COUNTERSIGNED: City Clerk, City of Beaumont, Texas (SEAL) 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. WITNESS MY SIGNATURE AND SEAL this (SEAL) Comptroller of Public Accounts of the State of Texas -12- FORM OF INTEREST COUPONS: No. $ ON 1, 19 , the CITY OF BEAUMONT, in the County of Jefferson, State of Texas, PROMISES TO PAY TO BEARER, without exchange or collection.charges., at -The American National Bank of Beaumont, Texas, the amount shown on this interest coupon, in any coin or currency of the United States. of America which on such date is legal tenderforthe payment of debts due the United States of America, solely from the revenues specified in the bond to which this coupon appertains, being interest due that date on the bond, bearing the number hereinafter designated, of that -issue of City of Beaumont, Texas, Waterworks System Revenue Bonds, Series 19.72 -A, -dated June 1, 1972. The holder hereof shall newer have the right to'demand payment of this obligation out of any funds raised or to be raised by taxation. Bond No. City Clerk, City of Beaumont, Texas Mayor, City of Beaumont, Texas -13- 'L'EGAL 'OPI'NION • The approving opinion of Vinson, Elkins, Searls & Smith, Houston, -Texas, may be printed on the backs of the Bonds. ARTICLE V. SECURITY 'OF 'BONDS Section 5 .0'l 'Fledge 'of 'Net' Revenues. All of the Net Revenues from the operation of the System, with the exception of those Net Revenues in excess of the amounts required to establish and maintain the funds as hereinafter provided, are hereby irrevocably pledged to the payment of the principal of and inter- est on the Bonds. The lien on the Net Revenues hereby pledged shall immediately be subject to the lien of this pledge without any physical delivery thereof or further act, and the lien of this pledge shall be valid and binding against all parties of any kind having a claim of.any kind in tort, contract or otherwise, against the City irrespective of whether such parties have notice thereof. Section 5.02 -Securi't'y' f 'Bonds. The Bonds, the Out- standing Bonds, and any Additional Bonds shall be payable solely from and shall be equally and ratably secured by a first lien on and pledge of the Net Revenues, and the Bonds, Outstanding Bonds and any Additional Bonds, when and if issued, will be in all respects on a parity with and of equal dignity with one an- other. The holders of the Bonds and the interest coupons apper- taining thereto shall never have the right to demand payment out of any funds raised or to be raised by taxation. Section 5.03 Maintenance 'of 'Income . In order that the ;l..l{ �: Net Revenu s of the City will be sufficient to pay the Bonds and the interest thereon, the City shall fix and:'maintain rates and collect charges for the facilities and services afforded by the System which will provide Net Revenues sufficient at all times: (a) to pay all operation, maintenance, depreciation, replacement and betterment charges of the System; (b) to produce Net Revenues each year in an amount not less than one and one-half (1-1/2) times the average annual principal and interest requirements of all bonds then outstanding payable from the revenues of,the System; (c) to maintain the Bond Fund and the Reserve Fund; and (d) to pay all outstanding indebtedness against the System other than the Bonds as and when the same becomes due. ARTICLE VI. 'REVENUES AND 'APPLI-CATION -THEREOF Section 6.01 - System'Furid; Maintenance and Operation.. The City will deposit, as collected, all revenues derived from the operation of the System into the System Fund created by the ordinance adopted November 13, 1956, authorizing the issu- ance of the City's Waterworks System Revenue Bonds, Series 1956• From the moneys in the System Fund, the City shall pay the ex- penses of operation and maintenance of the System, including all salaries, labor, materials, interest, and such repairs and exten- sions as, in the judgment of the governing body of the City, are necessary to keep the plant or utility in operation and render adequate service to such City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would.otherwise impair the original security. Section 6.02 --Additional Payments Into Bond,Fund and Reserve Fundi.!., ­)After payment of the expenses of operation and maintenance of the System as provided in Section 6.01, and simul- taneously with the -making -of the payments into the Boni. Fund re- quired under the Series 1958, Series 1959, Series 1961 and Series 1971 Ordinances, the City shall pay into said -Bond Fund the following (in addition to the payments required under said Series 1958, Series 1959, Series 1961 and Series 1971 Ordinances): During each year, beginning in June, 1972,..an amount equal to not less than one hundred percent (100%) of the amount required to meet the interest and principal payments falling due on and before the next maturity of the Bonds. The amount required to be paid into the Bond Fund in each year hereunder shall be in"substantially equal monthly payments from moneys in the System Fund created by the ordinance adopted November 13, 1956,.authorizing the issuance of the City's Water System Revenue Bonds, Series 1956. If in any month the City shall, for any reason, fail to pay into said Bond Fund the full amount above stipulated, amounts equivalent to such deficiencies shall be set apart and paid into said Bond Fund from the first available unallocated revenues of the following month or months and shall be in addition to the amounts hereinabove provided to be otherwise paid into said Bond Fund each month. -16- Not later than August- 15, 1972; -and not later than February 15 and August 15 of each year thereafter, the City Treasurer shall cause to be transferred to the Paying Agent an amount which is not less than the interest and principal pay- ments falling due on the following March l and'September 1. Section 6.03 - Additional Payments---Into--Reserve-Fund. In addition to.the payments into the Reserve Fund required under the Series 1958, Series 1959; Series 1961 and Series 1971 Ordinances, the City shall pay from moneys in the System Fund into said Reserve Fund each month.(in approximately equal monthly payments or deposits), beginning with June, 1972, not less than.one=sixtieth (1/60) of the average annual principal and interest requirements of the Bonds, and such payments shall be continued until such time as a balance is reached (in addition to the balance in said Reserve. Fund required by said Series 1958, Series 1959, Series 1961 and Series 1971 Ordinances) of'not less than said average annual principal and interest requirements of the Bonds, If in any month the City shall, for any reason, fail to pay into the Reserve Fund the full.amount above stipulated; amounts equivalent to such deficiencies shall be set apart and paid into said Reserve Fund from the first available and unallocated revenues of the following month or months-and.shall be in -addition to the monthly deposits hereinabove provided to be otherwise paid into said Reserve Fund. When said balance of not less than the average annual principal and interest requirements of.the Bonds is reached in the Reserve Fund, no further payments (insofar as the Bonds are concerned) need be made into said Fund; however, in the event. -17- that said balance is ever reduced to an amount less than the average annual principal and interest requirements of the Bonds, the monthly payments, as above provided, shall be resumed and continued until said balance of not less than the average annual principal and interest requirements of the Bonds is again reached. Section .6...0.4. Dat -e' -of 'Paaymerit's 'Trit'o 'Bond Fund and Reserve Fund. The monthly payments into the Bond Fund and into the Reserve Fund shall be made on or before the'15th day of each month. Section 6.05 - Trust' Funds: Moneys in the Bond Fund and in the Reserve Fund shall constitute trust funds, and shall be used solely to pay interest on and principal of the Outstanding Bonds, the Bonds and Additional Bonds if and when issued until all said Bonds have been retired. When there are moneys in the Bond Fund and the Reserve Fund sufficient to make all interest payments and principal payments due and to become due until the final maturity of the Outstanding Bonds, the Bonds and such Additional Bonds, no further payments need be made into said Bond Fund and Reserve Fund. Section 6.06 - Surplus. Any funds remaining in the System Fund after provision has been made for the reasonable cost of operating and maintaining the System, and after paying the amounts required to be paid into the Bond Fund and into the Reserve Fund, as above provided, and after all payments that may be required by ordinances pertaining to Additional•Bonds have been made, may be used by the City for the redemption of the Outstanding Bonds, the Bonds or Additional Bonds; or may be transferred to the City's general fund for use for any lawful general or special City purpose, as authorized by Article -1113a, V.T.C.S., as amended; or may be used for any other purpose permitted by law. Section 6.07-- Maintenance and. -Operation. The City shall maintain the -System in good condition and operate the same.in an efficient manner and at a reasonable. cost. Section.6.07 Accounts., Fiscal Years and Accounting Reports. The City shall keep -:proper records and accounts .(separate from all other records and accounts of the City) in which complete and correct entries shall be made of all transactions relating to the System. So long as the Series 1958; 1959 and 1961 portion of the Outstanding Bonds is outstanding, -the City will operate the System and.will keep its books of -records and accounts on the basis of a fiscal year ending June 30, but after said Series 1958, 1959 and 1961 portion of the Outstanding Bonds is retired said fiscal year may be changed from time to time by the City. Not later than one hundred twenty (120) days after the.close of each fiscal year, the City will furnish (without cost) to the Municipal Advisory Council of Texas, Austin, Texas, and to the original purchasers of the Bonds and to any holder of ten per cent (10%) of the Bonds who may so request in writing, a signed - or certified copy of a report by an independent firm of certified Public accountants covering the next preceding fiscal year, showing the following information relating to the System: (a) Income and Expense Statement; (b) Balance sheet; (c) Accountant's comments regarding.the manner in which the City has complied with the -19- requirements of..this ordinance, and his recommendation for any changes or improve- ments in the operation of the System; (d) List of insurance policies in.force at .the end of the fiscal year, showing, as to each policy., the risk covered, the name of the insurer, and the expiration date; (e) The number of.properties connected with. the System.and the total income from.the System for the year; (f) The .number of unmetered customers of the System at the end of the said fiscal year, if any; and (g) The number of gallons -of water pumped into or taken by the System and the number of gallons of water sold by the System during said fiscal year. Section -6.08.- Inspections. Any original purchaser of twenty-five percent (25%) or more in principal amount of the Bonds, andany holder of.twenty-,five percent (25%) or more in principal amount of the -Bo nds then outstanding shall have. -'the right at any reasonable time to inspect the System and all records, accounts.and'data of the City relating thereto. Section 6.09— Investments. So.long as the Series 1958,1959. and 1961 portion of the Outstanding Bonds is outstanding, moneys in the Bond.Fund and Reserve Fund shall be invested only as provided in the ordi- nance adopted November 13, 1956, authorizing the issuance of the City's -20- Waterworks System Revenue Bonds, Series 1956'. Thereafter, I moneys deposited into the Bond Fund and.the Reserve Fund may be invested and reinvested in the manner authorized by law and shall be'governed by the provisions of Sections 6.09 and 6.10 hereof. All investments shall belong to the fund from which the moneys for said investments were taken. If any moneys are so invested, the City shall have the right to have sold in the open market a sufficient amount of such investments to meet its obligations in the event any fund does not have sufficient then -invested funds on hand to meet the obligations payable out of such fund. The moneys resulting therefrom shall belong to the fund from which the moneys for such investment were initially taken. The City shall not be responsible for any loss• arising out of the sale of any investment. Section $ .10 Earnin�s" 'from 'Divestments. The interest accruing on and any proceeds realized from invested moneys in the Bond Fund and the Reserve Fund shall be credited to such funds, respectively, and shall reduce by such amounts the sums otherwise required to be paid into said funds. A"MT/1'T TT' 'CTTT APPLICATION 'O'F 'B'O'ND' PROCEEDS Section 7.01 - Bond Proc'ee'ds. Proceeds from the sale of the Bonds will be disbursed in accordance with this Article. Section 7,02 - Accrued Interest and Premium, if.Any. Moneys received from the purchasers of the Bonds representing accrued interest on the Bonds from their date to the date of actual delivery, plus any premium on the Bonds, shall be deposited into the Bond Fund. Section, .7...0.3. Use 'of 'Proceeds' 'of 'S'ale 'of Bonds . The i proceeds from the sale of the Bonds, after making the deposit I hereinbefore provided, shall be used solely for the purpose of improving, enlarging, extending and repairing the City's waterworks system and for the payment of all incidental expenses in connection therewith, including fiscal, legal and engineering fees and expenses. Section 7.04 - Surplus' Bond'Proceeds. After completion of such improvements, enlargements, extensions and -repairs, any moneys remaining of the Bond Proceeds shall be deposited into the Bond Fund. ARTICLE VIII. ADDITIONAL RnNnS; REFUNDING BONDS; BONDS AND ADDITIONAL BONDS PAYABLE FROM WATERWORKS AND SANITARY SEWER SYSTEM REVENUES Section 8.01 - Addit'orial' Bonds. In addition to inferior lien bonds, the City reserves the right to issue from time to time additional parity bonds in one or more installments. and in one or more issues, and such Additional Bonds, when issued, may be secured by and payable from a first lien on and pledge of the Net Revenues of the System in the same manner and to the same extent as are the Outstanding Bonds and the Bonds. No Additional Bonds, however, shall be issued unless: (a) each of the funds created by the ordinance adopted November 13, 1956, authorizing the issuance of the City's Water- works System Revenue Bonds, Series 1956, contains the amount of money then required to be on deposit therein (as required by the Series 1958, Series 1959, Series 1961 and Series 1971 Ordinances, by this ordinance, and by the proceedings authorizing any Additional Bonds then outstanding);. (b) the Net Revenues of the System for the last preceding fiscal year, as certified by an independent certified public accountant or firm of certified public accountants, were equal to at least one and one-half,(1-1/2) times the average annual principal and interest requirements on all Bonds that will be outstanding payable.from the revenues of the System after the Additional Bonds then proposed to be issued are issued,.sold and delivered; (c)" provision is made in the ordinance or ordinances authorizing the Additional Bonds then proposed to be issued for approximately equal monthly payments or deposits into the Reserve Fund until a balance is reached (in addition to deposits into said Fund required by other ordinances or proceedings relating thereto and in .addition to any balance or balances required by said other ordinances,or proceedings) of.not less than the average annual principal and interest requirements of'said Additional Bonds then proposed to be issued and which balance shall -be reached within five'(5) years from the -date of such Additional Bonds; and (d) the Additional -Bonds then proposed to be issued are made to mature on September 1 in each of the years.in which they are scheduled to mature. The term "Net Revenues" as used in this Section 8.01 shall mean all of the Net.Revenues of the System (excluding income =23- received specifically for capital items) after deduction of the reasonable expenses of operation and maintenance of the System (excluding expenditures for capital items). While any of the Outstanding Bonds, the Bonds or any Additional Bonds are outstanding and unpaid, the City shall not issue further Additional Bonds, except as provided in this Article VIII, payable from the revenues of the System unless the lien of such Bonds payable from the revenues of the System is made junior and subordinate in all respects to the lien of the Outstanding Bonds, the Bonds then outstanding, and.Additional Bonds then outstanding. Section 8.'02' - Refunding Bonds. The City further reserves. the right to refund any Bonds subject to redemption if they have been called for redemption, or any Bonds, the holders of which have.consented to have refunded, as now or hereafter autho- rized -by law, including but not limited to Article 717k-3, V.T.C.S. Any refunding bonds so issued shall enjoy complete equality of lien with the portion of the Bonds which are not refunded, if any there be, and the refunding bonds shall continue to enjoy the priority of lien that may have been enjoyed by the Bonds refunded. Any refunding bonds may either be delivered to the holder of a like principal amount of the Bonds refunded upon simultaneous cancellation and surrender of such Bonds refunded or may be sold and delivered to a purchaser and the proceeds of sale be deposited as allowed by law for application to the full payment of the Bonds authorized to be refunded. Any refunding bonds so issued shall be deemed to be "Bonds" as the term is defined in Article II hereof for all.purposes,of-this ordinance. Section 8.03—Bonds and Additional Bonds Payable From City.'s Combined Waterworks;and Sanitary Sewer System Net Revenues. The City expressly reserves the right also to pledge the Net Revenues of the City's sanitary sewer system to the payment.of,the Bonds when and after the Series 1958, 1959 and 1961 portion of the Outstanding Bonds, is retired. If the City exercises such right and is thereafter also authorized to issue, sell and deliver.Additional Bonds which are payable from the combined.revenues ("Combined Revenues") of the City's water- works. and sanitary sewer system, such Additional Bonds may, as to the Combined Revenues; be issued on a parity in.all respects with the,Bonds. No such.Additional Bonds shall be issued, however, until and unless all the terms. and conditions specified in Section 8.O1 of this ordinance have been met, and said.terms and -conditions shall apply with equal force with respect to the issuance_of such Additional Bonds payable from the Combined Revenues; provided, however, in such case the definition of "System" shall include the City's sanitary sewer system, and the net, revenues therefrom shall be included in the Net Revenues mentioned in Section 8.01. The revenues of -''ch sanitary sewer system shall thereafter be subject to and be governed by the provisions of this ordinance relating to the City's waterworks system. ARTICLE IX. SPECIAL COVENANTS OF THE CITY Section 9:01 —Covenants. The`City, by and through this ordinance, expressly.covenants as hereinafter provided in this Article. -25- °lam 07 Section 9'.02- 'Pun'ctual' 'P'ay'ment' 'off the' Bonds. The City will punctually pay or cause to be paid the interest on and principal of the Bonds according to the terms thereof and will faithfully do and perform, and at all times fully observe, any and all covenants, undertakings, stipulations and provisions contained herein or in any Bond executed and delivered hereunder. Sectiori 9.'0'3 Mainte arice' 'o'f 'System. So long as any of the Bonds remain outstanding, the City covenants that it will at all times maintain the System, or cause the same to be maintained, in good condition and working order and will operate the same, or cause the same to be operated, in an efficient and economical manner, at a reasonable cost and in accordance with sound busi- ness principles. In operating and maintaining the System, the City will comply with all contractual provisions and agreements entered into by it and with all valid rules, regulations, direc- tions or orders of any governmental, administrative or judicial body promulgating the same. Section 9.04 - Power 'to P'l'edge' 'Revenues . The City has the power to pledge the Net Revenues to the payment of the Bonds and has lawfully exercised such power under the Constitution and laws of the State of Texas, the Constitution of the United States of America and the City Charter. Section 9.05' - Sys -tem and Revenues Not Encumbered. Neither the System nor the Revenues thereof will be in any way encumbered except as provided in this ordinance. Section 9.06 Sale 'or Encumbrance *of System. So long as any of the Bonds remain outstanding, either as to principal or interest, the City will not sell, dispose of or encumber any of the improvements, facilities or.properties constituting the System; provided, however, that after. the Series 1958, 1959 and. 1961 portion of the Outstanding Bonds is retired this provision shall not prevent the City,from.disposing of any portion of the.System.which has been declared surplus or is no longer needed for the proper operation of the System. -Any moneys received from the sale of such surplus property may be used for the replacement of the property sold. Any agreement pursuant to which the City contracts with a person, corporation; municipal corporation or political subdivision to operate the System or.to lease and operate all or part of -the System shall not be con- sidered as an encumbrance of the Systema Section 9.-07,- Insurance. So long as any of the Bonds or interest coupons remain outstanding, the City covenants that it will at all times keep insured such parts of the System as are usually insured by municipal corporations operating like properties in similar locations under the same circumstances with,a responsible insurance company or companies against risks,,accidents or casualties against which and to the extent.insurance is usually carried by such municipalcorporations; provided, however, that at any time while any contractor engaged in construction work shall be fully responsible. therefor, the City shall not be required to carry such insurance. All such policies shall be open to the inspection of the Bondholders or their representatives at all reasonable times. Section 9.08,- insurance Proceeds. In the.event.of any loss or damage, the City covenants that it will reconstruct or —27— repair.the destroyed or damaged portion of the System and will apply the proceeds of the insurance policies covering such loss or damage solely for that purpose. The City covenants that it will begin such work or reconstruction or repair promptly after such Loss or damage shall occur and will continue.and properly complete the same as expeditiously as possible and will pay, Or,cause to be paid, all costs and expenses in connection there- with out of the insurance proceeds so that the same shall be com- pleted and the property be free and clear of all mechanic's and ether liens or claims. Section 'g.'0'9' Excess' 'Trisfur'arice' 'Proc'eeds. Any insurance proceeds remaining after the completion of and payment for any such reconstruction or repairs shall be deposited to the credit of the Bond Fund. Section 9.10'- No Free S'e)rvi'ce . No free . service or ser- vices of the System shall be allowed, and should the City or any of its agencies or instrumentalities make use of the services and facilities of the System, payment of a reasonable value thereof shall be made by the City out of funds derived from .sources other than the revenues and income of the System. Section 9.11 - No Competirig'System. To the extent.that the City legally may do so, the City further covenants that so "ong as any of the Bonds or interest thereon are outstanding, no f'r'anchise shall be grant6d for the construction and operation of any competing system; and the City will prohibit the construction and operation of any system other than the System owned by the ARTICLE X. DEFAULT' 'P'R'OVI'S'ION. • Section 10.01' - R'e'medies' 'iri 'Eve'nt' 'of Default. In 'addi- tion to all of the rights and remedies provided by the laws of the State of Texas, the City further covenants and agrees that in the event of default in payment of principal of or interest on any of the Bonds when due, or, in the event it fails to make payments required to be made into the Bond Fund or defaults in the observance or performance.of any other of the covenants, conditions.or obligations set forth in this ordinance, the fol- lowing remedies shall be available: (a) The bearers of any of the Bonds shall be entitled to a writ of mandamus issued by a court of competent jurisdiction compelling and requiring the City and the officials thereof to observe and perform any covenant, obligation or condition pre- scribed in this ordinance; (b) No delay or omission to exercise any right or power accruing upon any delay shall impair any such right or power or shall be construed to be a waiver of any such default or acqui- escence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. Section 10 .02 O'rd'inance 'is' 'Cont'ract . In consideration of the purchase and acceptance of the Bonds authorized to be issued hereunder by those who shall hold the same from time to time, the provisions of the ordinance shall be deemed to be and shall constitute contracts between the City and the holders from time to time of the Bonds and interest coupons; and the cove- nants and agreements herein set forth to be performed on behalf of the City shall be for the equal benefit, protection and secu- rity of the holders of any and all of the Bonds and interest coupons, all of which, regardless of the time or times of their issue or maturity, shall be of equal rank without preference, priority or distinction of any of the Bonds or interest coupons over any other thereof, except as expressly provided herein. ARTICLE XI. SALE, APPROVAL, REGISTRATION AND DELIVERY 'OF BONDS Section 11.01 - Sale of Bonds. That said Bonds, having been advertised for public sale in accordance with the terms and pro- visions 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 (J%✓,bE20DO'D Alrd111Y0,5 cb, -Z—Ve. at a price equal to the principal amount thereof, plus accrued interest thereon from the date thereof to the date of actual delivery plus a cash premium of $ /1/9 Ale- , 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 11'.'02 Appro'val'; Re'gi*s't'rat1o'ff and Delivery of Bonds. The Mayor and City Secretary are hereby authorized and ' f _ • • directed to take and have charge of the records and proceedings of the Bonds, and the Bonds, pending their 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 (or a deputy designated in writing to act for the Comptroller) shall manually sign the Comptroller's certificate of registration described herein to be printed on the back of each Bond, and.the seal of the Comptroller shall be impressed, or placed in facsimile, on each of said Bonds. When the Bonds have , been approved by the Attorney General and registered by the Comptroller of Public Accounts, they shall be delivered to the purchaser named above upon receipt of the full purchase price, ARTICLE XII. ARBITRAGE AND DEBT'SERVICE GRANTS The City hereby specially covenants and agrees with the original purchasers of said Bonds and with the owners or holders from time to time of said Bonds as follows: (1) That the City will promptly proceed to utilize the proceeds of the sale of said Bonds (other than accrued interest to date of delivery and any premium) for the purposes set forth in Section 3001 of this ordinance; and (2) That no portion of said Bonds is issued as a part of an issue, all or a 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) or obligations (other than obligations described I in Section 103(a)(1) of the Internal Revenue Code) except for a temporary period to the extent permitted by Section 103 (d)(4)(A) of the Internal Revenue Code,) which may be reasonably expected at the time of the issuance of such issue to produce a yield over the term of the issue of Bonds which is materially 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, The City further specially covenants and agrees with the original purchasers of said Bonds and with the owners or holders from time to time of said Bonds that it will take such action in accordance with regulations.prescribed from time to time by the Secretary of the Treasury or his delegate to carry out the purposes of Section 103 (d) of the Internal Revenue Code so that no,portion of said Bonds shall be classified as an "arbitrage bond" within the meaning of Section 103 (d) of the Internal Revenue Code. (3) The City covenants that it will not permit to be deposited to the credit of any of the Funds herein mentioned or applied to the payment of the principal of or interest on the Outstanding Bonds, the Bonds, and Additional Bonds, any proceeds from any grant, donation or income received from the United States Government, whether pursuant to agreement or otherwise, if such deposit or application would result in interest payable on the Outstanding Bonds, the Bonds or Additional Bonds being includable in whole or in part in Gross Income for Federal income taxes: • ARTICLE XIII. MISCE'LLANEGUS' PROVISIONS I Section 13.01 'City''s' Successors *arid 'Assigns. Whenever in the ordinance the City is named and referred to, it shall be deemed to include its successors and assigns, and all covenants X, 2� I-)-1' a -(o -1.e1') -a' and agreements in'the ordinance contained by and on behalf of the City shall bind and inure to the benefit of its.successors and assigns whether or not so expressed. Section 13.02 - No Recourse Against City Officers. No recourse shall be had for the payment of the principal or the interest on the Bonds or for any claim based thereon or in the ordinance against any officer of the City or any person executing the Bonds. Section '13.03- Paying Age'rit May Own Bonds. The Paying Agent, in its individual or any other capacity, may become the owner or pledgee of the Bonds with the same rights it would have if it were not Paying Agent. Section 13.04 - Legal Holidays. In any case where the date of maturity of interest and principal of the Bonds or the date fixed for redemption of any Bonds shall be in the City of Beaumont a legal holiday or a day on which banking institutions are authorized by law to close, then payment of interest or principal need not be made on such date but may be made on the next succeeding day not a legal holiday or a day on which banking institutions are authorized by law to close in the City of Beaumont with the same force and effect as if made on the date of maturity or the date fixed for redemption and no interest shall accrue for the period from and after such date. Sect'i ori '13.'0'5' `= 'Bene'fi't's' 'of '0'rdiriarice Fro -vision. Nothing in this ordinance or in the Bonds or interest coupons, expressed or implied, shall give or be construed to give any person, firm. or corporation, other than the City, the Paying Agent, and the holders of the Bonds or interest coupons, any legal or equitable right, remedy or claim under or in respect of this ordinance, or under any covenant, condition.or provision herein contained, all the covenants, conditions and provisions contained in this ordi- nance or in the Bonds or interest coupons being for the sole bene- fit of the City, the Paying.Agent and the holders of the Bonds or interest coupons. Section 13006 Unavailab'il'i't'y of 'Authorized Publication. If, because'of the temporary or permanent suspension of any news- paper, journal or other publication, or for any reason, publication of notice cannot be made meeting any requirements herein estab- lished, any notice required to be published by the provisions of this ordinance shall be given in such other manner and at such time or times as in the judgment of the City shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this ordinance be deemed to be in compliance with the requirements for publication thereof. Section 13.07 - Seyerab'ilit'y 'Clause. If any word, phrase, clause., sentence, paragraph, section, or other part of this ordi- nance, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court _3.4_ - of competent ,jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this ordinance to any other persons or circumstances shall not beaffected thereby. Section 13.08 — Further Procedures. The Mayor.and City Clerk of.,,the City and other appropriate officials of the City are hereby authorized and directed to do any and all things necessary and/or convenient to carry out the terms of this ordinance. Section 13.09— Effective Date of Ordinance. This ordinance shall take effect from and after its passage. PASSED AND APPROVED this 6th day of June, 1972. ATTEST: y Clerk, City of Beafimont,, Texas (SEAL) C?� 4kL-- - May)k, Cit of Beaumont, Texas —35—