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HomeMy WebLinkAboutOrdinance 7989 CITY OF DALLAS ORDINANCE NO. 3 ' Z CITY OF FORT WORTH ORDINANCE NO. GJ g (Series 1972, Number 3551) AN ORDINANCE ADOPTED CONCURRENTLY by the City Councils, respectively, of the Cities of Dallas and Fort Worth, authorizing the issuance of one $5,000 replacement bond to replace Bond Number 3551 of Dallas-Fort Worth Regional Airport Passenger Service Special Facilities Revenue Bonds, Series 1972, and ordaining other matters incident and relating to the subject and purpose hereof and declaring an emergency WHEREAS, the Cities of Dallas and Fort Worth by ordinance passed concurrently on May 17, 1972, authorized the issuance of and sold their Dallas-Fort Worth Regional Airport Passenger Service Special Facilities Revenue Bonds, Series 1972, in the aggre- gate principal amount of $37,500,000, dated May 1, 1972; WHEREAS, one bond of the above described Series of bonds to-wit: Bond Number 3551 in the denomination of $5,000, and bearing interest at the rate of 6.15% per annum, payable semiannually on each May 1 and November 1 (Interest Coupon No. 14 and subsequent coupons appertaining thereto unpaid), and maturing November 1, 1994 is outstanding and unpaid; WHEREAS, two affidavits in due form verified by deponents acting on behalf of Butcher & Singer, Inc., to the effect that the Dallas-Fort Worth Regional Airport Passenger Service Special Facilities Revenue Bond, Series 1972, Number 3551 in the aggregate principal amount of $5,000 was lost by Butcher & Singer, Inc., the owner of such Bond, on November 21, 1978, have been received and are on file in the office of the Director of Finance of the Dallas-Fort Worth Regional Airport, and such affi- davits have been accepted by the City Councils of Dallas and Fort Worth as sufficient evidence that the above described securities have been lost, within the meaning of Article 715a of the Revised Civil Statutes of Texas, and a certified copy of each such affidavits is attached hereto as a permanent part hereof; WHEREAS, at the time the loss occurred, Coupon Numbered 14 coming due on May 1, 1979, and subsequent coupons were attached to said security, and there- fore neither said coupon nor any subsequent coupons have been presented for payment; r WHEREAS, the owner of said Bond and appurtenant coupons desires that a replacement bond be issued to replace the aforesaid lost Bond and appurtenant coupons; WHEREAS, by Acts 1965, of the 59th Legislature, of the State of Texas, Chapter 314, commonly known as Article 715a of the Revised Civil Statutes of Texas, the City Councils of Dallas and Fort Worth are authorized to issue without an election bonds to replace any bonds theretofore lawfully issued which are outstanding and which have been destroyed, lost or stolen, provided that such replacement bonds may be issued only upon indemnification satisfactory to the issuer and upon an affi- davit or other form of evidence satisfactory to the issuer establishing proof of ownership and the circumstances of the loss, theft or destruction of the bonds for which replacement bonds are being sought; and WHEREAS, a Bond of Indemnity of Chubb Group of Insurance Companies, being Bond No. FF46693/92234-131, and executed by Marie Hughes, as Attorney- in-Fact for Federal Insurance Company as Obligor has been received and is on file in the office of the Director of Finance of the Dallas-Fort Worth Regional Airport and such Bond of Indemnity is acceptable to the City Councils of Dallas and Fort Worth as sufficient indemnity under the provisions of Article 715a of the Revised Civil Statutes of Texas, and a certified copy of such Bond of Indemnity No. FF46693/ 92234-131 is attached hereto as a permanent part hereof; NOW, THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF DALLAS, TEXAS: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Section 1. That there is hereby authorized to be issued one replacement bond to replace Bond Number 3551 of Dallas-Fort Worth Regional Airport Passenger Service Special Facilities Revenue Bonds, Series 1972. Said replacement bond and the interest coupons appertaining thereto shall be in the same form and in all respects of like tenor and effect as said Bond Numbered 3551 and the interest coupons apper- taining thereto, except that such replacement bond and the interest coupons appertaining thereto shall be signed manually, or in facsimi le, as provided by law, by the proper officials holding office at the time of the issuance, and that no interest coupon shall mature prior to May 1, 1979, and that only Interest Coupons No. 14 and subsequent interest coupons shall be attached to said replacement bond. Section 2. That said replacement bond shall be dated May 1, 1972, which is the date of the lost bond. Section 3. That said replacement bond and all interest coupons apper- taining thereto shall have the letter "R" preceding the Bond Number and following the Interest Coupon Number. - 2 - T Section 4. That after said replacement bond has been executed, it shall be the duty of the Chairman of the Board of Directors of the Dallas-Fort Worth Regional Airport Board or some officer, employee or attorney of the Board acting through authority from him, to deliver said replacement bond to the Attorney General of Texas for examination and approval. After approval by the Attorney General of Texas, said replacement bond shall be delivered to the Comptroller of Public Accounts of the State of Texas for registration. The replacement bond thus regis- tered shall remain in the custody of the Chairman of the Board, or subject to his order, until the delivery thereof to the owner of the original bond being replaced thereby. Section 5. That the Comptroller of Public Accounts of the State of Texas is hereby authorized and directed to register the replacement bond in the same manner as the original bond was registered, giving it the same registration number as the original bond, except that such number shall be preceded by the letter "R." The Comptroller shall date his registration certificate as of the date of registration of the replacement bond. Section 6. That all provisions of the ordinance adopted by the City Councils of the Cities of Dallas and Fort Worth on May 17, 1972, authorizing the Series of bonds of which said lost bond was a part and which are not in conflict with this ordinance are hereby adopted by reference and shall be a part of this ordinance. Section 7. That the preparation and adoption of this ordinance by the City Councils..of Dallas and Fort Worth and the adoption of the Resolution recommending same by the Board of Directors of the Dallas-Fort Worth Regional Airport and the performance of each and every, all and singular, the acts ordered hereby and all acts or expenditures incidental thereto shall be at no cost to the City of Dallas, the City of Fort Worth, or the Dallas-Fort Worth Regional Airport and shall be borne entirely by and be the sole liability of Butcher & Singer, Inc., the owner of said above described lost bond who has requested the issuance of the replacement bond as provided herein. Section 8. That it is hereby found and determined that as to the matters to which this Ordinance relates are matters of imperative public need and necessity in the protection of the health, safety and morals of the citizens of each of the Cities, and, as such, this Ordinance is an emergency measure and shall be effective as to each City respectively upon its adoption by the City Council. Section 9. This ordinance may be cited by the short title "1979 Regional Airport Passenger Service Special FaciIities*Concurrent Replacement Bond Ordinance (Series 1972, No. 3551)." Section 10. This ordinance may be executed in counterparts, and when duly passed by both Cities, and separate counterparts are duly executed by each City, the ordinance shall be in full force and effect. PASSED AND CORRECTLY ENROLLED Mayor, City of Dallas, Texas ATTEST: City Secretary, City of Dallas, Texas [SEAL] APPROVED AS TO FORM: City Attorney, City of Da as ADOPTED ,Mayor, City of Fort Worth, Texas ATTEST t Secretary, City of Fort Worth, Texas [SEAL) APP VED S TO FORM AND LEGALITY: City Attorney, ity 6f Fort Worth, Texas SECRETARY'S CERTIFICATE I, Barbara Hollis, Staff Secretary of the Board of Directors of the Dallas- Fort Worth Regional Airport, do hereby certify that the attached Bond Indemnity and Proof of Loss Affidavit are true and correct copies of the original of said documents on file in the records of the Dallas-Fort Worth Regional Airport. a� Barbara Hollis, Staff Secretary Board of D i rec tors Dallas-Fort Worth Regional Airport [SEAL] CHUBB GROUP of Insurance Companies CI-4L lBB; 100 William Street. New York,New Yark 10038 FEDERAL INSURANCE COMPANY -der the laws of New Jersey BOND NO. FF 4 669 3 BOND OF INDEMNITY KNOW ALL MEN BY THESE PRESENTS,that FEDERAL INSURANCE COMPANY, a corporation duly organized and existing under and by virtue of the laws of the State of New Jersey and duly authorized to transact the business of Insurance in the State of New York and all other States in the United States of America and having an office and place of business in New York State at 100 William Street,New York, N.Y. 10038,and in the State of as Obligor(hereinafter called the"Obligor") is held and firmly bound unto DALLAS—FORT WORTH REGIONAL AIRPORT BOARD THE CITY OF FORT WORTH, TEXAS THE CITY OF DALLAS, TEXAS OAK CLIFF BANK & TRUST CO. MORGAN GUARANTY TRUST COMPANY OF NEW YORK CONTINENTAL BANK OF FORT WORTH, FORT WORTH individually and/or as Trustee, Depositary, Fiscal, Paying or Disbursing Agent, Registrar, Transfer Agent, (and unto any other Trustees, Depositaries, Fiscal, Paying or Disbursing Agents or Agencies, Registrars and/or Transfer Agents,)their respective legal representatives,successors and assigns (hereinafter collectively called "Obligees"), in an aggregate sum, lawful money of the United States of America, sufficient to indemnify the Obligees under the conditions of this bond as hereinafter set forth, but not exceeding the maximum amount for which Obligor may obligate itself on the date of this bond in respect of any one risk or hazard under any law governing the validity or performance of this bond, said sum to be paid to Obligees,their respective legal representatives, successors or assigns, as interest may appear; for which payment well and truly to be made the Obligor binds itself, its legal representatives, successors and assigns, jointly and severally, firmly by these presents. SEALED with its seal and executed in three counterparts, as of the llth day of July, 1979 WHEREAS, the Obligor represents that Butcher, Singer Inc. is/are the unqualified owner(s) of Dallas—Ft. Worth Airport Board 6.15% Dallas—Ft. Worth Regional Airport Board Passenger Service Special Facilities Bond, Series 1972 due 11-1-94 in the principal amount of $5,000.00 numbered 3551 in bearer form (such security or securities being hereinafter called'original"or'originals'),and that the same has/have been mislaid, lost, destroyed or wrongfully taken and cannot be found or produced, by virtue of which the Obligor has requested Obligees to issue and deliver to Butcher, Singer Inc. or his/her order a new or duplicate instrument or instruments (hereinafter sometimes called "duplicate" or "duplicates'), or to pay to Butcher, Singer, Inc. or credit to his/her account the amount due on said original or originals without surrender or presentation there- of for cancellation or stamping or for any other purpose;and Form 30-02-01(Rev.5 66)(Formerly 403F(1)) P-3739(25M) PAGE 1 WHEREAS, on the faith of the foregoing representations and in consideration of this bond of indemnity, Obliges havEt complied or have agreed to comply With said requests; NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE,that if the Obligor, the legal rel- resentatives,successors or assigns of the Obligor or any of them,shall in case the original or originals be found or come into the hands, custody or power of any of them, or into the hands,custody or power of any person, deliver or cause the same to be delivered unto Obligees in order to be cancelled, and shall also at all times de- fend, indemnify and save harmless 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 original or originals and/or the issuance of a duplicate or duplicates in lieu thereof or in lieu of any instrument or instruments of purported like issue and amount which because of alteration, change or counterfeit may or may not be identified as the said mislaid, lost,stolen or destroyed original or originals,or the making of any payment,credit, transfer,registration, conversion, exchange or delivery in respect of the original or originals without surrender thereof and/or in re- spect of the duplicate or duplicates, whether or not caused by, based upon or arising out of the honoring or refusing to honor the original or originals when presented by anyone, and/or whether or not caused by,based upon, or arising out of inadvertence, accident, oversight or neglect on the part of Obligees, or any of them,or their respective officers, agents, clerks or employees and/or ommission or failure to inquire into, contest or liti- gate the right of any applicant to receive any payment,credit,transfer, registration, conversion,exchange, issue or delivery in respect of the original or originals and/or the duplicate or duplicates issued in lieu thereof,and/or caused by, based upon or arising out of the release of any security or the satisfaction of any instrument or instru- ments, under which the original or originals and/or duplicate or duplicates are issued or secured, and/or caused by, based upon or arising out of any other matter or thing whatsoever, then this Obligation shall be void;other- wise shall remain in full force and effect. Obligor further agrees that if the mislaid, lost, stolen, or destroyed original or originals be found or come into the hands, custody or power of any person or into the hands, custody or power of the Obligees or any of them for any purpose other than cancellation without reissue, the Obligor will forthwith on demand obtain and deliver to the Obligees either such original or originals or such duplicate or duplicates or will pay to the Obligees a sum of money sufficient to enable the Obligees to purchase in the open market securities of the same issue and amount as the original or originals. Obligor further agrees that, in case of any default under the conditions of this bond, the Obligor waives and releases any and all right or claim against Obligees, or any of them whether by way of subrogation or otherwise, for any loss, expense or liability incurred by the Obligor caused by, based upon or arising out of the enforce- ment of this bond by the Obligees or any of them. (No inaccuracy in the description of the securities herein referred to as original or originals shall alter, modify or affect the obligations of the Obligor hereunder.)Obligor agrees that its liability hereunder shall be absolute,subject only to the conditions herein expressed. FEDERAL INSURANCE COMPANY BY. \�fiF ...... . .., !.................! Attorney-in-Fact Form 30.02.01(Rw.5-67)(Formerly 403F(2)) R•OOFCS 05M) PAGE 2 Certified Copy of POWER OF ATTORNEY Know all Men by these Presents,That the FEDERAL INSURANCE COMPANY,100 William St.,New York,!4ew York``a New Jersey Corporation,has constituted and appointed,and does hereby constitute and appoint Carlton H.Kiser,Mark A.Cook,Wardner B.Crockett,Thomas R.Short,Jr.,A.J.Krey,Joseph P.Milana,F.M.Scaglione,Robin Brodman, Dorothy D.Hrabowecky,Marie Hughes, William S. Bucknall,and Jean B. Kenney of New York, New York each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf any and all Lost Instrument Bonds wherein the said FEDERAL INSURANCE COMPANY is named as Obligor. In Witness Whereof,the said FEDERAL INSURANCE COMPANY has,pursuant to its By-Laws,caused these presents to be signed by its Assistant Vice-President and Assistant Secretary and its corporate seal to be hereto affixed this 1st day of , ' April 1979. FEDERAL INSURANCE COMPANY 1 By o' \�S�RANcFr � • o `". is George McClellan w•• ;'r Assistant Vice-President 1t• ��>tr .........JR5� Richard Hight STATE OF NEW YORK Assistant Secretary ss.: County of New York On this 1 st day of April 1979,before me personally came Richard Hight,to me known and by me known to be Assistant Secretary of the FEDERAL INSURANCE COMPANY,the Corporation described in and which executed the foregoing Power of Attorney and the said Richard Hight being by me duly sworn,did depose and say that he is Assistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof;that the seal affixed to the foregoing Power of Attomey is such corporate seal and was thereto affixed by authority of the By-Laws of said Company and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority;that he is acquainted with George McClellan and knows him to be Assistant Vice-President of said Company, and that the signature of said George McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto subscribed by authority of said By-Laws and in deponent's presence. Acknowledged and Sworn to before me `IIIIIIIIIIIIIIIII/II,111 on the date above written ..,,'''' BEN •--4 i : Notary Public MARY K.BENDICK G AV 13 L� •; rr Notary Public, State of New York � O No.24-0237960 s yy9r'•e..ee..• r+ Qualified in Kings County OF NE,,r� Certificate filed in New York County 11j1111"...... � Commission Expires March 30, 1981 Form 21-10.30(Rev.4l79)N.Y.Reg Mail P-4054(20M) je':."• NOTARIAL' ACKNOWLEDGMENY CITY,COUNTY&STATE OF NEW YORK,ss On this.!!�..................day of 44Y.............19......Tqbefo re me pe rsonal ly came............44r.i.e Huah.e.s....... ....... ...... .................to me Known,who,being by me duly sworn,did depose and say that he is an Attorney-in-Fact of the FEDERAL INSURANCE COMPANY ,the Corporation described in and which-executed the annexed instrument; that he knows the corporate seal;that it was so affixed by order and authority of the Board of Direc- tors of said corporation,and that he signed his name thereto by like order and authority. ROBIN BRODMAN Sworn to and Acknowledged NOTARY PUBLIC, State of Now 7or12 before meon the dateabove written No. 41-4600254 Qualified in Queens County Certificate filed in New York County Commission Expires March 30, 1980 Nohryitiignature,Description and Seal) CERTIFICATION CITY AND COUNTY OF NEW YORK:ss 1,the undersigned,Assistant Secretary of the FEDERAL INSURANCE COMPANY,do hereby certify that the fol- lowing is true excerpt from the By-Laws of the said Company as adopted by its Board of Directors on March 11,1953and amended May 27,1971 and that this By-Law is in full force and effect. "ARTICLE XVIII. Section 2. All bonds,undertakings,contracts and other instruments other than as above for and on behalf of the Company which it is authorized by law or its charter to execute, may and shall be ex- ecuted in the name and on behalf of the Company either by the Chairman or the Vice-Chairman or the President or a Vice-President,jointly with the Secretary or an Assistant Secretary,under their respec- tive designations,exceptthat anyone or more officers or attorneys-in-fact designated in any resolution of the Board of Directors or the Executive Committee,or in any power of attorney executed as provided for in Section 3 below,may execute any such bond,undertaking or other obligation as provided in such resolution or power of attorney. Section3. All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman or the Vice-Chairman or the President or a Vice-President or an Assistant Vice-President jointly with the Secretary or an Assistant Secretary, under their respective designations." And I further certify that I have compared the foregoing copy of the POWER OF ATTORNEY with the original thereof and the same is a correct and true copy of the whole of said original Power of Attorney and that said Powerof Attorney has not been revoked. And I fu rther certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America,District of Columbia,Puerto Rico,and each of the Provinces of Canada with the exception of Prince Edward Island,and is also duly licensed to become sole surety on bonds,undertakings, etc.,permitted or required by law. Given under my hand and seal of said Company at New York, N.Y., this.. Jltjl............... ......................day of July---.._.................... l .............. ..........................19 ?9 o,< Assistant Secretary Financial Statement of Federal Insurance Company as of December 31, 1978 IN THOUSANDS OF DOLLARS STATUTO RY BAS I S ASSETS LIABILITIES AND SURPLUS TO POLICYHOLDERS United States Treasury Bonds ............ $ 1,470 Unearned Premiums .................... $ 239,493 United States Government Secured Outstanding Losses and Claims........... 490,483 Now Housing Bonds..... ............. 113.114 State and Municipal Bonds ............... 494,324 Ceded Reinsurance Balances Payable..... 61,975 Other Bonds ........................... 25,341 Funds Hold under Reinsurance Treaties 6,486 Preferred Stocks........................ 47,741 Common Stocks.......­­­*.......... 96,92 Non-Admitted Reinsurance............... 7,184 TOTAL INVESTMENTS................ 778,918 Other Liabilities......................... 64,565 TOTAL LIABILITIES................... 870,186 Investment in Affiliates: Great Northern Insurance Cc............ 11,382 Pacific Indemnity Company............. 56,316 Chubb Life Insurance Co. .............. 27,260 Bell mead Development Corp............ 30,909 Common Stock......................... 13,987 Other................................ 2,651 Paid-in Surplus......................... 40,602 Cash.................................. 8,812 Net Premiums Receivable................ 137,286 Earned Surplus......................... 176,193 Reinsurance Recoverable on Paid Unrealized Appreciation of Investments .... 7,944 Losses .............................. 7,790 Other Assets........................... 47,588 SURPLUS TO POLICYHOLDERS ...... 238,726 TOTAL ADMITTED ASSETS ........... $1,108,912 TOTAL .............................. $1,108,912 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. Investments valued at$77,741,023 are deposited with government authorities as required by law. described in and who executed the foregoing agrcement on behalf of the firm or corporation mentioned therein,and duly acknowl- edged to me that lie executed the same,and having been duly sworn said that the statements therein were true. Notary Public Date of exPlitation of commission as well pA-fflICIA i,?i',:U,real of must be affixed hereto. r.rm 429-F(Ed.3.66) ItAte of Oino,Majana County sty 8ormviis9 n exbires Sept.26,1981 Form 6 k PROOF OF LOSS TO FEDERAL INSURANCE COMPANY AFFIDAVIT OF NON-RECEIPT AND AGREEMENT Please note: This sworn statement is intended for use in connection with the reported non-delivery by the U.S.Post Office Depart- ment of a properly mailed letter(NOT registered)containing securities as described below.Please make another thor- ough search of your pffice and or household,and make inquiries of the postman as well as others who may have received your mail in your absence. DETAILS OF SHIPMENT (To be ful lycompleted bySender before forwarding this form to the Addressee) Mailed by(Sender): Butcher & Singer, Inc. 800 E. Superior Ave. 16th Floor Date: Cleveland, Ohio 44114 Exact NameandAddress on shipment: Butcher & Singer, Inc. P.O. Box 957 1500 Walnut Street Philadelphia, PA 19102 Post Office at which mailed: Main Post Office, Cleveland, Ohio 44101 CONTENTS:— Passenger Service Special Facilities Bond, Series 1972, 6,15% Certificate No.: 3551 due 11-1-94 Corporation: Dallas-Ft, Worth Regional Airport Board Class of Stock: Bearer Bond Shares: $5,000.00 Registered in name of: Bearer Bond Endorsements(if any) None The above contents are hereinafter called the securities STATE OF PENNSYLVANIA SS: COUNTY OF PHILADELPHIA ................$utchor...&... }lg2r,,,.,Z[1G,................_.,,,,,,,,,.(hereinafter called Deponent),being duly sworn, deposes and says:- 1. Deponent resides at 1500 Walnut Street Philadelphia, PA 19102 2. Deponent is the legal and beneficial owner of the above described securities. 3. Neither the above described letter nor said securities have ever been received by deponent or by deponent's authorized agent.Deponent has never endorsed the said securities,nor sold,assigned,transferred,pledged,hypothecated or disposed of the same or any interest therein.Deponent has made a thorough search,and has made inquiries,but has found no trace of the securities or the I etter. 4. Deponent agrees that if the securities should ever come into deponent's hands,custody or power,deponent will immediately notify the Sender and(if deponent has received new securities in the meantime)will surrender the original securities to the Insurance Company. 5. Deponent knows that this affidavit will be used in support of application to the issuing corporation and its transfer agents and registrars for the issuance under indemnity of new securities to replace the ones lost,and to the Insura ce Company under the provisions of the insurance carried by the Sender. ....................... l Deponent STATE OFF rs '"�J ) SS: COUNTY OF(:�X � ) On this as ay of wi✓✓ 19 %1� before me personally appeared the above deponent r.GG�........,..... cL:C P✓...............................................to me known and known to me to be the individual described in and who executed the foregoing agree and duly acknowledged that he executed the same and having lbeenly sworn,said that the statements therein were true. RITA MICKLE SCIARRn,NIhRr ,_„Lll: _.........�..-) Lt*,J ..Notary ..t......................... Philadelphia,Philadelphia County.Pa. 4 ary Public My Commission Expires June 28,1982 ' Date of Expiration of commission as well as seal of Notary must be affixed hereto. Form 00-10-459(Rev.8-60)(Formerly 426F) f0m # 557