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Ordinance No. 2,210N a CERTIFICATION ORDINANCE NO. 2210 THE STATE OF TEXAS § COUNTIES OF HARRIS AND CHAMBERS § CITY OF BAYTOWN § 7445 The City Council of the City of Baytown, Texas, convened in sneer al meeting, open to the public, on the 21st day of April, 1977, at the City Hall, and the roll was called of the duly constituted officers and members of the City Council and the City Clerk of the City, to -wit: Tom Gentry Jody Lander Ted Kloesel Emmett Hutto E. C. Kimmons , Jr. Allen Cannon Marcy E. Wilbanks Eileen P. Hall Mayor Mayor Pro Tem Councilman Councilman Councilman Councilman Councilwoman City Clerk and all of said persons were present, except the following ab- sentees: None , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written ordi- nance entitled: ORDINANCE AUTHORIZING ISSUANCE OF $326652000 PERMANENT IMPROVEMENT BONDS, SERIES 1977; APPROPRIATING $326653000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS PROJECTS; AND CONTAINING OTHER PROVISIONS RELATING THERETO (the "Ordinance ") was duly introduced for the consideration of the City Council and reviewed in full. It was then duly moved and seconded that the Ordinance be passed; and, after due dis- cussion, the motion, carrying with it the passage of the Ordi- nance, prevailed and carried by the following vote: i AYES: All members of the City Council shown present above voted "Aye ". NOES: None. The Mayor thereupon announced that the Ordinance had been duly and lawfully adopted. The Ordinance thus adopted follows: ORDINANCE NO. 2210 rll ORDINANCE AUTHORIZING ISSUANCE OF $3,665,000 PERMANENT IMPROVEMENT BONDS, SERIES 1977; APPROPRIATING $33665,000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS PROJECTS; AND CONTAINING OTHER PROVISIONS RELATING THERETO THE STATE OF TEXAS § COUNTIES OF HARRIS AND CHAMBERS § CITY OF BAYTOWN § WHEREAS, the bonds hereinafter authorized were duly and favorably voted at an election held in the City of Baytown, Texas (the "City "), on the 27th day of May, 1975; and 7446 WHEREAS, the City Council now deems it advisable to issue, sell, and deliver $3,665,000 bonds for the purposes shown in the following schedule as a portion and the third installment of $11,545,000 bonds voted at said election: Amount Purpose Authorized Streets $ 23300,000 Traffic Signal 650,000 Drainage 2,350,000 Waterworks Sys. 8502000 San. Sew. Sys. 3,000,000 Park 133003000 Library Bldg. 1,095,000 $1135453000 Amount Previously Issued $ 840,000 -0- 1,615,000 635,000 500,000 315,000 1,095,000 $5,000,000 Amount Being Issued $ 260,000 650,000 285,000 215,000 1,500,000 755,000 -0- $3,665,000 Unissued Balance $1,200,000 -0- 450,000 -0- 1,000,000 230,000 -0- $2,880,000 WHEREAS, the City Council has determined that the remain- ing $2,880,000 authorized bonds may be issued, sold, and de- livered at a later date; and WHEREAS, the City Council has caused a notice of sale of such bonds to be published in the TEXAS BOND REPORTER which is a publication carrying municipal bond notices and devoted primarily to financial news and in the BAYTOWN SUN which is the gfficial newspaper of the City, said notice having been W 7447 published in each said publication more than ten days prior to the date set for the sale of said bonds; and WHEREAS, bids have been received pursuant to said publi- cations of said notice and the City Council desires to autho- rize the issuance of said bonds and award the sale thereof on the basis of the best bid received; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN THAT: Section 1(a). The ordinance heretofore adopted by the City Council on the 30th day of April, 1975, authorizing the issuance of the bonds described in the preamble of this ordi- nance and calling an election therefor is hereby in all things ratified and confirmed. Section 1(b). All the matters and facts recited in the preamble hereof are hereby officially found to be true and correct. Se -etion 2. The City's negotiable, serial, coupon bonds to be designated CITY OF BAYTOWN, TEXAS, PERMANENT IMPROVEMENT BONDS, SERIES 1977 (hereinafter called the "Bonds "), are hereby authorized to be issued and delivered in the aggregate prin- cipal amount of $3,665,000 for the following purposes: (1) $260,000 for constructing permanent street improvements for the City; (2) $650,000 for the construction and improvement of the roads, bridges, and streets of the City, to -wit: signals for control of traffic thereon; (3) $285,000 for constructing permanent drainage improvements for the City; (4) $215,000 for constructing improvements to the City's waterworks system; (5) $1,500,000 for constructing improvements to the City's sanitary sewer system; and -2- 7448 (6) $755,000 for purchasing and /or improving lands for park purposes for the City. Section 3. The Bonds shall be dated May 1, 1977, shall be numbered consecutively from 1 through 733, and shall be in the denomination of $5,000 each, and shall mature serially on February 1 of each of the years, and in the amounts, respec- tively, as set forth in the following schedule: YEAR AMOUNT YEAR AMOUNT 1979 $ 85,000 1988 $200,000 1980 853000 1989 2002000 1981 1252000 1990 200,000 1982 125000 1991 2502000 1983 125,000 1992 250000 1984 125000 1993 350,000 1985 145,000 1994 350,000 1986 175000 1995 350,000 1987 175000 1996 350,000 The Bonds may be redeemed prior to their scheduled maturities, at the option of the City, on the dates stated and in the man- ner provided in the FORM OF BOND set forth in this ordinance. Section 4. The Bonds shall bear interest per annum at the following rates, respectively, to -wit: Bonds maturing Bonds maturing Bonds maturing Bonds maturing Bonds maturing Bonds maturing Bonds maturing Bonds maturing Bonds maturing Bonds maturing 1979 1986 1987 1989 1990 1991 1992 19- 19- 19— through through through through through through through through through through -3- 19 8 5, 5.50 j 19_, 4.75 % 1988 , 4.50 % 19_1 4.55 % 19_, 4.60 % 19_, 4.70 % 19 96, 4.75 % 19_, % 19_, % 19_, % 7449 evidenced by interest coupons which shall appertain to the Bonds and which shall be payable on the dates indicated in the FORM OF BOND set forth in this ordinance. Section 5. The Bonds, and the interest coupons apper- taining thereto, shall be payable, shall have the character- istics, and shall be signed and executed (and the Bonds shall be sealed), all as provided and in the manner indicated in the FORM OF BOND set forth in this ordinance. Section 6. The form of the Bonds, including the form of registration certificate of the Comptroller of Public Accounts of the State of Texas to be printed and endorsed on each of the Bonds, and the form of the aforesaid interest coupons which shall appertain and be attached initially to each of the Bonds, shall be, respectively, substantially as follows: FORM OF BOND: NO. $5,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTIES OF HARRIS AND CHAMBERS CITY OF BAYTOWN, TEXAS PERMANENT IMPROVEMENT BOND SERIES 1977 ON FEBRUARY 1, 19_, the CITY OF BAYTOWN (the "City "), in the Counties of Harris and Chambers, in the State of Texas, promises to pay to bearer the principal amount of FIVE THOUSAND DOLLARS and to pay interest thereon, from the date hereof, at the rate of % per annum, evidenced by interest coupons payable February 1, 1978, and semiannually thereafter on each August 1 and February 1 while this Bond is outstanding. The principal ■1E 7450 of this Bond and the interest coupons appertaining hereto shall be payable to bearer, in lawful money of the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this Bond or proper inter- est coupon at the CITIZENS NATIONAL BANK & TRUST CO., Baytown, 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 May 1, 1977, numbered consecutively from 1 through 733, in the denomination of $5,000 each, issued in the aggre- gate principal amount of $3,665,000 for the following purposes: (1) $260,000 for constructing permanent street improvements for the City; (2) $650,000 for the construction and improvement of the roads, bridges, and streets of the City, to -wit: signals for control of traffic thereon; (3) $285,000 for constructing permanent drainage improvements for the City; (4) $215,000 for constructing improvements to the City's waterworks system; (5) $1,500,000 for constructing improvements to the City's sanitary sewer system; and (6) $755,000 for purchasing and /or improving lands for park purposes for the City; in accordance with Chapters 1 and 7 of Title 22, Revised Civil Statutes of Texas, as amended, and pursuant to an election held within the City on the 27th day of May, 1975, and authorized pursuant to an ordinance duly adopted by the City Council of the City entitled ORDINANCE AUTHORIZING ISSUANCE OF $3,665,000 PERMANENT IMPROVEMENT BONDS, SERIES 1977; APPROPRIATING $3,665,000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS PROJECTS; AND CONTAINING OTHER PROVISIONS RELATING THERETO and finally passed on the 21st day of April, 1977, this Bond being one of -5- . 7451 { a series of Bonds which constitutes a portion and the third installment of $11,545,000 bonds voted at the aforesaid election. ON FEBRUARY 1, 1992, OR ON ANY INTEREST PAYMENT DATE THERE- AFTER, the outstanding Bonds of this series may be redeemed prior to their scheduled maturities, at the option of the City, IN WHOLE, OR IN PART IN INVERSE NUMERICAL ORDER, for the prin- cipal amount thereof and accrued interest thereon to the date fixed for any such redemption. At least thirty days prior to the date fixed for any such redemption, the City shall cause a written notice of such redemption to be mailed to the bank at which the Bonds are payable and published at least once in a financial publication published in the City of New York, New York, or in the City of Austin, Texas. By the date fixed for any such redemption, due provision shall be made with the paying agent for the payment of the required redemption price. If such written notice of redemption is published and if due provision for such payment is made, all as provided above, the Bonds which are to be so redeemed thereby automatically shall be redeemed prior to their scheduled maturities; and they shall not be regarded as being outstanding except for the purpose of being paid by the paying agent with the funds so provided for such payment. 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 be done precedent to or in the 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 7452 * 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 the City and have been pledged for such payment within the limits prescribed by law. IN WITNESS WHEREOF, this Bond and the interest coupons appertaining hereto have been signed with the facsimile signa- ture of the Mayor of the City and countersigned with the fac- simile,signature of the City Clerk of the City, respectively, and the official seal of the City has been duly impressed, or placed in facsimile, on this Bond. COUNTERSIGNED: xxxxxxxxxx Mayor xxxxxxxxxx CITY OF BAYTOWN, TEXAS City Clerk CITY OF BAYTOWN, TEXAS (SEAL) FORM OF REGISTRATION CERTIFICATE: COMPTROLLER'S REGISTRATION CERTIFICATE§ REGISTER NO. I hereby certify that this Bond has been examined, cer- tified 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 xxxxxxxxxx (SEAL) Comptroller of Public Accounts of the State of Texas FORM OF INTEREST COUPON: NO. $ ON 1, 19_, the CITY OF BAYTOWN, in the Counties of Harris and Chambers, State of Texas, promises to pay to bearer the amount shown on -7- 7453 this interest coupon, in lawful money of the United States of America, without exchange or collection charges to the bearer, unless due provision has been made for the redemption prior to maturity of the Bond to which this coupon appertains, upon presentation and surrender of this interest coupon, at the CITIZENS NATIONAL BANK & TRUST CO., Baytown, Texas, said amount being interest due that day on the Bond bearing the number hereinafter designated of that issue of CITY OF BAYTOWN, TEXAS, PERMANENT IMPROVEMENT BONDS, SERIES 1977, dated May 1, 1977. Bond No. xxxxxxxxxx xxxxxxxxxx City Clerk Mayor Section 7. A special fund or account, to be designated the "City of Baytown, Texas, Permanent Improvement Bonds, Series 1977, Interest and Sinking Fund" (hereinafter called the "Interest and Sinking Fund "), is hereby created and shall be established and maintained by the City at an official deposi- tory bank of the City. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the City and shall be used only for paying the interest on and principal of the Bonds. All ad valorem taxes levied and collected for and on account of the Bonds shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of the 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 pay the interest on the Bonds as such interest comes due and to provide and maintain 7454 a sinking fund adequate to pay the principal of the Bonds as such principal matures but never less than 2% of the original principal amount of the Bonds as a sinking fund each year; and said tax shall be based on the latest approved tax rolls of the City, with full allowance being made for tax delinquen- cies and the cost of tax collection. Said rate and amount of ad valorem tax are hereby levied, and are hereby ordered to be levied, against all taxable property in the City for each year while any of the Bonds or interest coupons appertaining thereto are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Bonds, as such interest comes due and such principal matures, are hereby pledged for such payment within the limits prescribed by law. Section 8. Immediately following delivery of the Bonds to the purchaser thereof, the accrued interest and premium, if any, shall be deposited in the Interest and Sinking Fund. Section 9. There is hereby appropriated out of the pro- ceeds of sale of the Bonds authorized by this ordinance the following sums for the following indicated purposes, respectively: (1) $260,000 for constructing permanent street improvements for the City; (2) $650,000 for the construction and improvement of the roads, bridges, and streets of the City, to -wit: signals for control of traffic thereon; (3) $285,000 for constructing permanent drainage improvements for the City; (4) $215,000 for constructing improvements to the City's waterworks system; 7455 (5) $1,500,000 for constructing improvements to the City's sanitary sewer system; and (6) $755,000 for purchasing and /or improving lands for park purposes for the City. It is hereby estimated that the maximum cost, respectively, for each of the aforesaid projects will not exceed the amount named above for each such project, respectively; and there is no necessity for any down payment on these projects; and no such down payment is hereby ordered to be made. It is hereby officially found and determined (1) that the probable period of usefulness of each of the aforesaid projects is forty years, and (2) that all of said projects are related projects within the meaning of Section 61 of the Home Rule Charter of the City. Section 10. Out of the proceeds of sale of the Bonds authorized by this ordinance the following sums are hereby ordered to be used and expended for the following indicated purposes, respectively: (1) $260,000 for constructing permanent street improvements for the City; (2) $650,000 for the construction and improvement of the roads, bridges, and streets of the City, to -wit: signals for control of traffic thereon; (3) $285,000 for constructing permanent drainage improvements for the City; (4) $215,000 for constructing improvements to the City's waterworks system; (5) $1,500,000 for constructing improvements to the City's sanitary sewer system; and (6) $755,000 for purchasing and /or improving lands for park purposes for the City; as provided in the ordinance adopted on the 30th day of April, 1975, calling the bond election which was held in the City on the 27th day of May, 1975. -10- 0 M 7456 Section 11. The City certifies that based upon all facts, estimates and circumstances now known or reasonably expected to be in existence on the date the Bonds are delivered and paid for, the City reasonably expects that the proceeds of the Bonds will not be used in a manner that would cause the Bonds or any portion of the Bonds to be an "arbitrage bond" under Section 103(c)(2) of the Internal Revenue Code of 1954, as amended, and the temporary and proposed regulations here- tofore prescribed thereunder, including, without limitation, Sections 1.103 -13 and 1.103 -14 of the proposed regulations published in the Federal Register on May 3, 1973• Furthermore, all officers, employees and agents of the City are authorized and directed to provide certifications of facts, estimates and circumstances which are material to the reasonable expec- tations of the City as of the date the Bonds are delivered and paid for, and any such certifications may be relied upon by counsel, by the owners or holders of the Bonds, or by any person interested in the exemption of interest on the Bonds from Federal income taxation. Moreover, the City covenants that it shall make such use of the proceeds of the Bonds, regu- late investments of proceeds of the Bonds, and take such other and further action as may be required so that the Bonds shall not be "arbitrage bonds" under Section 103(c) of the Internal Revenue Code of 1954, as amended, and regulations prescribed from time to time thereunder. Section 12. The Mayor of the City is hereby authorized to have control of the Bonds and all necessary records and proceedings pertaining to the Bonds pending their delivery -11- 7457 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 Bonds, the Comptroller of Public Accounts (or a deputy designated in writing to act for the Comptroller) shall manually sign the Comptroller's Registra- tion Certificate prescribed herein to be printed and endorsed on each Bond; and the seal of the Comptroller shall be im- pressed, or placed in facsimile, on each of the Bonds. (I'll, Section 13• The Bonds are hereby sold and shall be de- livered to First City National Bank of Houston for the par value thereof and accrued interest thereon to date of delivery, plus a premium of $ -o- , subject to the un- qualified approving opinions, as to the legality of the Bonds, of the Attorney General of the State of Texas and of Vinson & Elkins, Houston, Texas, market attorneys; and it is hereby officially found, determined, and declared that the Bonds are sold on the best terms and for the best price possible. Section 14. The approving opinion of Vinson & Elkins, Houston, Texas, and Cusip numbers may be printed on the back of each of the Bonds, but errors or omissions in such opinion, or errors in or omissions of such numbers, shall have no effect on the validity of the Bonds. Section 15. The Mayor and all other appropriate officers of the City are hereby authorized and directed to do any and all things necessary or convenient to carry out the provisions of this ordinance. M -12- Section 16. This ordinance was read once by the City Council and shall take effect immediately. 7458 Section 17. It is hereby officially found and determined that the need of the City for such financing creates an emer- gency and an urgent public necessity for the holding, at the scheduled time, of the meeting of the City Council at which this ordinance is adopted and for the adoption of this ordi- nance; and the NOTICE OF MEETING relating to said meeting and heretofore posted by the City Clerk, and the posting thereof, is hereby authorized, approved, and ratified. PASSED, AUTHENTICATED, AND APPROVED this 21st day of April, 1977• Mayor CITY OF BAYTOWN, TEXAS ATTEST: City-Clerk CITY OF BAYTOWN, TEXAS (SEAL) -13-