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Ordinance No. 9,788ORDINANCE NO. 9788 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, ® TEXAS, AUTHORIZING THE CITY MANAGER TO EXPEND RESERVES IN THE AMOUNT OF TWO MILLION TWO HUNDRED FORTY THOUSAND AND NO /100 DOLLARS ($2,240,000.00) FROM - THE CAPITAL IMPROVEMENT PROGRAM FUND AND TWO MILLION AND N01100 DOLLARS ($2,000,000.00) FROM DEBT SERVICE FUND TO REDUCE FUTURE DEBT SERVICE EXPENSES BY RETIR NG/REFUNDING A PORTION OF THE OUTSTANDING DEBT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, The debt for the third year of the 2001 General Obligation Bond Program is included in the 2004 Adopted Budget for issuance this fiscal year; and WHEREAS, while assessing the impact of the issuance on the City's debt service fund, the City has been advised by its financial advisors that it may be prudent for the City to take advantage of debt refund i ng/defeasance and early debt retirement opportunities if funds are available since current interest rates are near historic lows and are below the rates on the current bonds; and WHEREAS, the Capital Improvement Program Fund (CIPF) and the Debt Service Fund provide funding sources that could be used to offset debt service costs from future 2001 debt service issuance; and WHEREAS, by authorizing the refund and/or retirement of eligible bond indebtedness, a savings would be realized, which should assist the City: ➢ in obtaining a stable tax rate throughout the 2001 Bond Program; 9 in lowering annual debt service expenditures; ➢ in reducing interest expense on outstanding debt; and ➢ in providing greater flexibility in the maintenance and operating budget since it may not be necessary to make the annual transfers to CIPF in future years; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City Manager to expend reserves in the amount of TWO MILLION TWO HUNDRED FORTY THOUSAND AND NO /100 DOLLARS ($2,240,000.00) from the Capital Improvement Program Fund and TWO MILLION AND NO /100 DOLLARS ($2,000,000.00) from Debt Service Fund to reduce future debt service expenses by retiring/refunding a portion of the outstanding debt as follows: Series 1993 General Obligation Bonds years 2005 -2011 $1,620,000 Series 1994 General Obligation Bonds years 2005 -2007 350,000 Series 1995 General Obligation & Refunding Bonds years 2006 -2011 1,845,000 Series 1995 General Obligation Bonds 2007 -2008 425,000 Total $4,240,000 11 Section 2: This ordinance shall take effect immediately from and after its passage by the ® City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 22nd day of April, 2004. PETE C. ALFARO, Mayor ATTEST: GA AY W SMIT-,, City Clerk APPROVED AS TO FORM: dalo�)111144 ACIO RAMIREZ, SR ty Attorney ® F:\Karen\Files \City Council\ Ordinances \RestructuringDebt.doc 2