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HomeMy WebLinkAboutResolution 1450 ~ ~~lu~®~ NO.~ WHEREAS, pursuant to applicable laws, including Article 1269j-5.11 and 46d, V.A.C.S., and a certain contract and agreement dated as of April 15, 1968 (the "Contract and Agreement"), between the Cities of Dallas and Fort Worth (the "Cities"), the City Councils, respectively, of the Cities, by an ordinance adopted con- currently on November 11, 1968 and November 12, 1968 (the~1968 Ordinance"), authorized the issuance of and sold their Dallas-Fort Worth Regional Joint Revenue Bonds, series 1968; and WHEREAS, pursuant to the rights, powers and authorities reserved to the Cities authorized the issuance of their Dallas-Fort Worth Regional Airport Joint Revenue Bonds, Series 1972, in the aggregate principal amount of $112,000,0000, which bonds are dated March 1, 1972, in the denomination of $5,000 each, consisting of 22,400 bonds numbered in direct numerical order from 1 through 22,400 and which bonds mature and become due and payable on November 1 in the years and in the amounts specified in the concurrent bond Ordinance authorizing the issuance of the Series 1972 bonds; and WHEREAS, such bonds bear interest evidenced by coupons at the rate set forth in the concurrent bond ordinance authorizing issuance of the Series 1972 bonds; and WHEREAS, an interest coupon on the above-described Series 1972 bonds, to wit: Coupon No. 40, Bond No. 21855, due May 1, 1992 (the "lost coupon") has not yet matured and is unpaid; and WHEREAS, an affidavit dated May 23, 1989, in due form has been received from James DiMare, the party entitled to receive the interest payment on the lost coupon, stating that such coupon is lost, which affidavit is on file in the Office of the City Secretary; and WHEREAS, James DiMare has provided acceptable indemnity for the lost coupon to each of the Cities, the Dallas-Fort Worth International Airport Board and paying agent or agents for the Series 1972 bonds; and WHEREAS, the Cities are authorized to direct the paying agent on the 1972 bonds to make the interest payments on the lost coupon when due; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. O ®~' ~8T' W®1~P'8 -2- THAT the paying agent or agents for the 1972 bonds, are hereby authorized and directed to make the interest payment of $156.25 to James DiMare, 2205 N.W. 110 Avenue, Ocala, Florida, 32675, on Coupon No. 40, Bond No. '21855, on May 1, 1992, the date when such interest payment becomes due and payable. SECTION 2. THAT the Dallas-Fort Worth Intenational Airport Board and its chairman and officers, and the City Manager of the City of Fort Worth are hereby authorized and directed to make such certifications and to execute such instruments as may be necessary to accomplish the payment of interest on the lost)co~u'p~o[n~when due to James DiMare. ADOPTED this CxsJ aay of ~ 1989 APPROVED AS TO FORM AND LEGALITY: City Attorney Date: APPROVED BY CIT]_ COUNCIL JUL 25 1989 ~1 Secretary of the .. ~. Citp of Foxy Worth Texy_ ~~ ., Dallas~Fort Woafh Interaatloaal Alrg~ort Oils W. Dunham, Jx. F~eoutlve D1recYOr June 21, 1989 ~• Mr. Wade Adkins City Attorney City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 ._ _ _.._~.: Re: Lost Coupon dated 5/1/92 to Dallas-Fort Worth Joint Revenue Bond, Series 1972, Bond No. 21855 Dear Wade: Enclosed are copies of an affidavit of loss and indemnity bond (originals on file at DFW) provided on behalf of the bondholder in connection with the above-referenced lost coupon. If they appear to be in order, please present the items to the Fort Worth City Council for approval to pay the lost coupon when due. Upon approval, please forward the Council Resolution to me, whereupon I will proceed to obtain the necessary approval from the City of Dallas. If you have any questions, please give me a call. Sincerely, GARY KEx E Lega Counsel GK/bk Enclosure A~ staY^~in11^1 k ve OBices -East Airfield Drive 214/;i748B88 P.O. Drawer DFW, Dally/Fort Worttr ASrport, 'ffiaas 75261 DEAN WITTER REYNOLDS INC 22351 CITY CENTER DRIVE HAYWARD CA 94541 AFFIDAVIT OF LOSS, THEFT, OR DESTRUCTION State of ~~/7" ) ss: ~" = County of ~14 DE' ) .~~9/ji~.s' .D//~~S'.ee eing tluly sworn deposes and says: :.~` µ~` ...,F.. (Deponent) That sa I d Deponent res I des atZ-=~ S ~' ~ ' /LO ~/ y~ and Is the legal and beneficial owner of certain securltles more particularly described as follows:~o~LL~'s F7:L~-v~'%f~ / 0 /r'/G~~OdET 7i'9~' `/~C>: 6' Z~ ~ /Lb y Z 67i L /~U//~ .fPrl4..~ ~~~TVO/~yT iQer,~e./~'~ /.jo'~ -/il9?a.! ?~ /1/bt/ ~ aooot That the said securltles (were / ~~_~~,- endorsed. If endorsed, describe exact manner of endorsement.~'~jQ/Je5 ~ir7~,ee That neither the said securities nor the rights of the deponent in the said securities have in whole or part, been assigned, transferred, hypothecated, pledged or otherwise disposed of. That the deponent is entitled to the full and exclusive possession of the said securltles: That: (describe In detail the circumstances surrounding the loss, theft or destruction of the securities and what effort has been made to locate them) oroe cp~i~or1/ HAS B~'en/ ~oST S-/-/99~- -- It Is understood that the word "securities".mentioned herein shall mean one or more than one particular Instrument or document as above described. Subscribed and sworn to before me L~ I s~day of TR-~,~ , ] 9~. ~..~ No*_ary P~ Ilc Notary Puedc, State of Flwkfa -N ~ ~+y Commlecion E:~uea seat. 2s, 19D7 sotWW Cru Meyrnrd BorWinp Aye7tcy ,A Gfl~Qi Dep ant ..'Y .~ - - ' SEABOARD SURETY COMPANY § ADMINISTRATIVE OFFICES: BEDMINSTER, NEW JERSEY ~ BOND OF INDEMNITY -OPEN PENALTY BOND N[Tr~ER 189900 KNOW ALL MEN BY THESE PRESENTS, That we James Di Mare of 2205 N.W. 110th Avenue, Ocala, Florida 32675 (hereinafter called "Principal"), and SEABOARD SURETY COMPANY, duly authorized to transact the ,. business of indemnity and suretyship in the State of New York, and having an office and principal place of business in the City of New York at 88 Pine Street, New York, New York as Surety, (hereinafter called "Surety") are held and firmly bound unto Dallas/Fort Worth International Airport Board City of Fort Worth, Texas; City of Dallas, Texas and the paying agent . their Co-Transfer Agents and/or Go-Registrars and/or Co-Trustees and/or Co-Paying Agents, indi- vidually and/or as Trustee, Depositary, Fiscal or Paying Agent, Registrar, Transfer Agent and/or in any other capacity, their respective legal representatives,successors and assigns, and also any successors in any of such capacities (hereinafter collectively called "Obligees"), in an aggregate sum, lawful money of the United States, sufficient to indemnify the Obligees under the conditions of this bond as hereinafter set forth, but not exceeding the maximum for which the Surety may lawfully obligate itself on the date of this bond in respect of any single risk or otherwise under any law governing the validity or performance of this bond, which amount the Surety represents to be at least $ 5 , 000 , 000 on the date of this bond, said sum to be paid to the Obligees, as their interests may appear, for which payment, well and- truly to be made, the said Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, SEALED AND DELIVERED inone counterparts dated this 8th day of May, 1989 WHEREAS, the aforesaid Principal and Surety represent that the Principal is the sole owner of One Coupon Due 5/1/92. @ $156.25 Detached from Dallas/Fort Worth Airport Joint Revenue Bond Series 1972, 6.25%, Dated March 1, 1972 Due November 1, 2002, Certificate 1121855 @ $5,000.00 P.A. r/n/o Bearer and that said instrument or instruments have been lost, mislaid, stolen or destroyed, so that the same cannot be found or produced; and WHEREAS, at the request of the Principal and the Surety and in reliance upon their representations, and in consideration of the execution and delivery to the Obligees of this bond, the Obligees are about to deliver to the Principal a new instrument or instruments or to make the payment, transfer, delivery or exchange called for by said lost, mislaid, stolen or destroyed original or originals without surrender thereof for cancellation; NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal, the heirs, legal representatives, successors or assigns of the Principal, or any of them shall in case the mislaid, lost, stolen or destroyed original or originals be found or come into the hands or power of any of them or into the hands, custody or power of any person, deliver or cause the same to be immediately delivered unto the Obligees in order to be cancelled, and shall at all times indemnify and save harmless the Obligees from and against any and all claims, actions and suits whether groundless or otherwise, and from and against any and all liabilities, losses, damages, costs, charges, counsel fees and other expenses of every nature and character by reason of the said mislaid, lost, stolen or destroyed original or originals and/or the issuance of a new instrument or instruments in lieu thereof or the making of the payment, transfer, delivery or exchange called 'for by the original or originals without the surrender thereof, and whether or not based upon or arising out of the honoring or refusing to honor the original or originals when presented by any one or based upon or arising from inadvertence, accident, oversight or neglect on the part of the Obligees or their respective officers, al;ents, clerks and employees and!or -- omission or failure to enquire into, contest or litigate the right of any applicant to receive any payment, credit, transfer, registration, exchange or delivery in respect of the original or the originals and/or the new instrument or instruments issued in lieu thereof, and/or based upon or arising out of any determina- tion which the Obligees may in fact make as to the merits of any such claim, right or title, and/or based upon or arising out of any other matter or thing whatsoever, then this obligation shall be void; otherwise shall remain in full force and effect. The Principal and Surety further jointly and severally agree that in case the mislaid, lost, stolen or destroyed original or originals be found or come into the hands or power of any person, then the Principal and the Surety will forthwith, on demand, obtain and deliver to the Obligees either such original or originals or said new instrument or instruments or will pay to the Obligees the full market value thereof at such time. The Surety agrees that its liability hereunder shall be absolute and unconditional regardless of any liability of the Principal hereunder, whether by reason of any irregular or unauthorized execution of, or failure to execute this bond, or any absence of interest of the Principal in the subject matter hereof, or otherwise and that its liability hereunder .shall accrue and become enforceable against the Surety without prior demand or any other precedent action or proceeding against the Principal. This bond shall be deemed to be a New York contract and shall be construed in accordance with the lawn thereof. i By~___ ........_...._. .~ _a..~-- ._...._._.__ Signature of rincipat James DiMare SEABOARD SURETY COMPANY Suretq INDIVIDUAL ACRNOWLEDGMENT STATE OF ~~~.s~~~- COUNTY OF 7~~E~~ L- On the ~ 3~day of came individual instrument, At rney-i ct Maria Sponza, 1989, before me personally to me known to be the s) described in and who ecuted the foregoing and acknowledged that ~ executed the same. /~J otary Public NotaN P,~h9g, Stctc C1 FI"_.cidg ~t L2rgs ~. FORM BBB-1 PNEW ARK - - NTY OP NEW YORK • ~ ~ ~, On the_.......__.___...S tit___.._ ..............._...._.day of~_._.......____. MaX_......__.... .....__.............. ...... .....__in the year 1989., before mr personaily came Maria S onza __._.......... . to mr known, who, bein b mr dui scorn, did ---_~_._._.__.__.________..__.._..._._.._._._.........____.._............_..........__, g Y Y 1326 East 37th_Street, Brooklyn, New York avow and say that he resides N...___,__.._ ................_..........._._.........__. .......__.._..---................. _..............._..._.__...._...._................._................._.. N. Y.: that he is ~e Attorney-in-Pact of the SEABOARD SURETY COMPANY, the torporadon described in and which executed the above instrument: sat he knows the seal of said corporation; that the seal affixed to said Instrument is such corporate seal: that it was so affixed by order of the yard of Ihreetors of said eotyoration, and that he signed his name thereto by like order: and the a(fiant did further depose and say that the y rintmdmt of lostirance of the State of New York, has, pursuant to Section 327 of the Insurance Law of the State of New 5'ork. issued ~~ alroard Surety Company ills certificate of quallficatloa, evidencing the qualification of said Company and its sufficiency under any law -s the State of New York as surety and guarantor, and the propriety of accepting and approving it as such; and that such certificate has not am « yoked. ' AN1TA HUNTER '------- _=='..~_...,/_ .~~~__.__........_. ~rY PubBo, t31Bta Notary Public of Nets Ywlt [corm aao lyp~salon on Rlotwn~71 `''y ~plrea t~.o, teL9 y/ ~/ 3 d ~~~#~®ARD SUE~~7'Y C®A~R~~1NY ADMINISTRATIVE OFFICES: BEDMINSTER, NEW JERSEY FINANCIAL STATEMENT-December 31, 1988 ASSETS LIABILITIES ., 'Stocks and Bonds .................... Cash in Office & Banks . $175,663,800. 3 028 839 Reserve for Unearned Premiums....... Claim R serve .......... $ 58,759,507. 205 562 39 ......:......... . , , . ....................... e .......... . , , Accrued Interest ...................... . 3,219.861. Other Reserves........................ .......... 20.117,414. Outstanding Premiums ................ . (4,2]3,417.) Capital Stock....................... .......... 2,500,000. Accounts Receivable .................. . 4,910.563. Surplus............................. ......... 62,027,163. Total Admitted Assets .............. $182,609,646 Tots! Liabilities.................. .......... 5182,609,646 'Bonds ands[ocks ate valued on basis approved by Netioaal AesOGalion of Ionvana Commisuoneta. Seturitia tarried at 56,83.833 in the above etatemrnt are deposited for the purtme inquired by Isw. STATE OF NEW JERSEY ss.: COUNTY OF SOMERSET I, G. F. THOMPSON, President of SEABOARD SURETY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the Financial Statement of said Company, as of December 31, 1988. IN WITNESS WHEREOF, I have signed this statement at New York, New York; this .....Sth ....day of ....................???Y........................ ,19..$3..... .a 1927 m Certified Copy No. 10098 KNOW Au I made, consti LLL 1221 SEAS®~RD ~fRETY C®~~NY y1DMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY - POWER OF ATTORNEY EN BY THESEPRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has tad and appointed and by these presents does make, constitute and appoint Arthur B . Levine or nza:or=Anta_Hunter or Carol .Levine its true antl lawful officers df the Company ahd sealed with its corporate seal; and all the acts of said Attorney-tit-fact, pursuant to the aumonry hereby given, are hereby ratified antl confirlnetl = _ _ - _- This appointment is made pursuanf:tt Company on-December Bth,1927, will --~ART7CLEYII,`SECTIDN 7:` ~ - - - __ ~.-_=~otld~,~ppndt, recoghlxmeet, sllpYfal =7rtsurarue policies; bands; reGOgnRanaea.strpu dei+t~ora .Vice-President to =; Stu leaf of the Company. NITNESS"MIHEREOI ;idents; and'its torpor tit::.°_~.:ii2eCtr. ~7 :UxEIYw _ _. _ "_. . Dt Directors of the said full force and effect- .; - ,- . `that tie tsa~lice-~restdent-~t$EABOkRD St3RETY COMPANY rte cro~,uratiin descflbed ui and vr` ch Exeoctedthe *.orngo ng _, __ liistlvlrient~~hatheknows-thec~i0rafesealDf Iheseid Company;that theseal affuced±~sa~d lnsiruineritis such corporate seal: _ - _ _. that ti wasso~ffnied by orderztf3ht Board of Directors of said Company and that he signed tits natneTttereto asV ice-Pfl~ident of __- said ~ompa_n~f~ikeauthonty, _ __ ._ -> _ -_ - _.. _=, ` -=~E17CE,N! ~ATALANO - _ - ..... dssaq tdOTARY PUBLIC DF ~lEW JERSEY . ` '_ .:-.. -.........._ _.: .. - . , Pueiic _ -~ _ :Notary - My Commission Effp:lune 4, 1991 C .E R T t F I C A T E _- _ . 7 the undersigned Assistant Secreurybt SEABOARD SURETY COMPANY do hereby cattily Nat the original Power o1 Attorney of which the foregoing is aiufl,true and corredcopy, is iniulitorce andeffect on thedate oflhis Certificateandldo furlhercertifythet the Vice-Presidentwho execu[edthe said Power of :: ~iiA..t~~~to"""rney Was one of'the 0lfirarsauthorized.Gy the Board of Directors 3o appoint an attorney-in-taU as provided in Anicte VII Section 1 of the By-Laws n1. BOAAD SURETY:COMPANI' __:.-. . - . - . - - -_ " " r • _. _ - . - ~ ~- -- -_ - _ - _ 3tiis CertNicateiaay.beslgned aridsealed by taaimue underand by authority of the following resolution of tfre £xecutwe Committee o1 the-Board of ~-" _ ~ctora Cf SEABOARDSURETY COMPANY at a meefmg duty called and held on the 25th day of March 1970. "AESDLVED. rt2) That the use.of a,printed facsimile of the corporate seal of the Company and Of the signature of an Assistant Secretary on any - ~. ~ertificetion nl the COriectness ofac4pyof ah Instrument executed by the President ora Vice-President pursuant to ArfiUe VII, SectiotSt;-otttie By-Laws ::-appDinting~pnd authorising an attomey-in-tact to sigh in=the name and. on behall of the'Company surety~fwnds, underwriting yndeitakings or other, ~_ --iratrunierils described in.said Article VII:.SeClion 1, with"tike etlect as It such seat and such signature had been manually stflxed_and-made, hernby s _~iithonzetlantl epprbved."- ;'-,- ~-~ '` ~ __.. ' `•' - _. - -- - = - ~ - -_ IN WITNESSWHEREOF,~ stave hereuntfi set my hand and affixed the corporate seat of the Company 3o~hese presents this 89 =' .,,xE , ~tlt _:_ `day of . _. M?Y....__..__.....- - --....._.... 18 ... :_ _ ;. _ _. / - ?' 7927. ~~ ......~!iS~t/1~-.-~t ~+-.. _ .