Loading...
HomeMy WebLinkAboutOrdinance 6624 ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE ISSUANCE OF FOUR MILLION, THREE HUNDRED AND EIGHTY THOUSAND DOL- LARS ($4,380,000.00) OF CITY OF FORT WORTH, TEXAS, GENERAL PURPOSE BONDS, SERIES 1972A, BEARING INTEREST AT THE RATES HEREINAFTER SET FORTH, AND PROVIDING FOR THE LEVY, ASSESSMENT AND COLLECTION OF A TAX SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AND TO CREATE A SINKING FUND FOR THE REDEMPTION THEREOF AT MATURITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING THAT THIS ORDINANCE SHALL BE IN FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS PASSAGE. WHEREAS, it is deemed advisable and to the best inter- est of the City of Fort Worth that various general purpose bonds authorized at an election previously held in said City be combined in a single issue and sold at this time, the date of election, amount of bonds authorized thereat, purpose, amount of bonds previously sold and the amount now to be sold being as follows: DATE OF AMOUNT AMOUNT PREVIOUSLY AMOUNT NOW ELECTION AUTHORIZED PURPOSE SOLD OFFERED Oct. 19, Street 1965 $24,900,000 Improvement $20,945,000 $3,955,000 Oct. 19, Fire 1965 1,600,000 Protection 1,390,000 210,000 Oct. 19, Park and 1965 2,900,000 Recreation 2,685,000 215,000 $4,380,000 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the bonds of said City to be called "City of Fort Worth, Texas, General Purpose Bonds, Series 1972A," be is- sued under and by virtue of the Constitution and laws of the State of Texas and the Charter of said City for the follow- ing purposes, to wit: Three Million, Nine Hundred and Fifty- five Thousand Dollars ($3,955,000.00) for the purpose of making permanent city improvements by constructing, improv- ing and extending the streets, thoroughfares and storm drains of said City, including in such permanent public improvements the straightening, widening, paving, grade separation, light- ing and drainage of said streets and thoroughfares, and ac- quiring the necessary lands therefor; Two Hundred and Ten Thousand Dollars ($210,000.00) for the purpose of making perma- nent city improvements by constructing, building and equip- ping fire stations and improving and extending the city fire alarm system and acquiring the necessary lands therefor; and Two Hundred and Fifteen Thousand Dollars ($215,000.00) for the purpose of making permanent city improvements by purchas- ing, acquiring, constructing and improving the playgrounds, recreation parks, and recreation and park facilities of said City and acquiring the necessary lands therefor, all of which bonds aggregate in principal amount the sum of Four Million, Three Hundred and Eighty Thousand Dollars ($4,380,000.00) . SECTION 2. That said bonds shall be numbered from one (1) to eight hundred and seventy-six (876) , both inclusive, of the denomi- nation of Five Thousand Dollars ($5,000.00) each, aggregat- ing Four Million, Three Hundred and Eighty Thousand Dollars ($4,380,000.00) . SECTION 3. That said bonds shall be dated March 1, 1972, and shall become due and payable serially as follows: Bond Numbers Maturity Dates Amounts 1 to 35, both incl. March 1, 1973 $175,000.00 36 to 70, both incl. March 1, 1974 175,000.00 71 to 105, both incl. March 1, 1975 175,000.00 106 to 140, both incl. March 1, 1976 175,000.00 141 to 175, both incl. March 1, 1977 175,000.00 176 to 210, both incl. March 1, 1978 175,000.00 211 to 245, both incl. March 1, 1979 175,000.00 246 to 280, both incl. March 1, 1980 175,000.00 281 to 315, both incl. March 1, 1981 175,000.00 316 to 350, both incl. March 1, 1982 175,000.00 351 to 385, both incl. March 1, 1983 175,000.00 386 to 420, both incl. March 1, 1984 175,000.00 421 to 455, both incl. March 1, 1985 175,000.00 456 to 490, both incl. March 1, 1986 175,000.00 491 to 525, both incl. March 1, 1987 175,000.00 526 to 560, both incl. March 1, 1988 175,000.00 561 to 595, 'both incl. March 1, 1989 175,000.00 596 to 630, both incl. March 1, 1990 175,000.00 631 to 665, both Incl. March 1, 1991 175,000.00 666 to 700, both incl. March 1, 1992 175,000.00 701 to 735, both incl. March 1, 1993 175,000.00 736 to 770, both incl. March 1, 1994 175,000.00 771 to 805, both incl. March 1, 1995 175,000.00 806 to 840, both incl. March 1, 1996 175,000.00 841 to 876, both incl. March 1, 1997 180,000.00 SECTION 4. That the bonds payable subsequent to March 1, 1987, shall be redeemable prior to their respective maturities at the option of the City, on March 1, 1987, or on any interest payment date subsequent to March 1, 1987, upon the following terms and conditions, viz. : (1) The bonds called for redemption on any March 1 must include all of the bonds then outstanding or must be the outstanding bonds bearing the highest identify- ing numbers; (2) the redemption price shall be par and ac- crued interest to date of redemption; and (3) at least thirty days prior to the date upon which such redemption is to be made, a notice of intention to make such redemption, describ- ing the bonds to be redeemed, must be published at least once in a financial journal of national circulation published in the Borough of Manhattan, in the City and State of New York. Such option may be exercised by ordinance or resolu- tion duly adopted by the City Council of the City of Fort Worth. Nothing contained in this ordinance shall be con- strued to limit or affect the right of the City to purchase, with any moneys lawfully available for such purpose, any of the outstanding bonds at a price less than the redemption price hereinbefore prescribed. Notice having been given by publication in the manner provided herein, the bonds called for redemption shall become due and payable on the redemp- tion date designated in the notice at the redemption price determined, as provided herein, and upon presentation and surrender thereof at the place of payment thereof, together with all appurtenant coupons maturing subsequent to the re- demption date, such bonds shall be paid at the redemption price aforesaid. All interest installments represented by coupons which shall have matured on or prior to the redemp- tion date shall continue to be payable to the bearers of such coupons. Interest on any bonds to be redeemed shall cease to accrue from and after the redemption date specified in such notice unless the City defaults in the payment of the redemption price thereof. SECTION 5. That said bonds shall bear interest at the rates as follows: Bonds Nos. 1 to 560, both Incl., 5.00% per annum; Bonds Nos. 561 to 595, both Incl., 4.80% per annum; Bonds Nos. 596 to 735, both incl., 4.90% per annum; Bonds Nos. 736 to 805, both incl., 5.00% per annum; and Bonds Nos. 606 to 876, both incl., 3.00% per annum, payable September 1, 1972, and semi-annually thereafter on March 1st and September 1st of each year. SECTION 6. That the principal of and interest on said bonds shall be payable upon presentation and surrender of bond or proper coupons at the Manufacturers Hanover Trust Company, in the Borough of Manhattan, City and State of New York. SECTION 7. That each of said bonds shall be executed for and on behalf of the City of Fort Worth, Texas, by the facsimile signature of the Mayor, approved as to form and legality by the facsimile signature of the City Attorney, and attested manually by the City Secretary, with the seal of the City thereon duly affixed to, or impressed, or printed, or litho- graphed, and the interest coupons shall be executed with the lithographed or printed facsimile signatures of the Mayor and City Secretary of the City of Fort Worth, Texas, and such facsimile signatures shall have the same effect as if manually placed on said bonds and coupons. SECTION 8. That the form of said bonds shall be substantially as follows: That substantially the following certificate shall be printed on the back of each bond: OFFICE OF COMPTROLLER STATE OF TEXAS I HEREBY CERTIFY that there is on file and of record in my office a certificate of the Attorney General of the State of Texas, to the effect that this bond has been ex- amined by him as required by law, and that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas and the Charter of said City, and that it is a valid and binding obligation upon said City of Fort Worth, Texas, and said bond has this day been registered by me. WITNESS my hand and seal of office, at Austin, Texas, this the day of , A. D. 19 Comptroller of Public Accounts of the State of Texas SECTION 9. That the proceeds from all taxes collected for and on account of this series of bonds shall be credited to an Interest and Redemption Fund for the purpose of paying the interest as it accrues and to provide a sinking fund for the purpose of paying each installment of principal as it becomes due; that for each year hereafter while any of said bonds, or interest thereon, are outstanding and unpaid, there shall be computed and ascertained, at the time other taxes are levied, the rate of tax based on the latest approved rolls of said City as will be requisite and sufficient to make, raise and produce in each of said years a fund to pay the interest on said bonds and to provide a sinking fund sufficient to pay the principal as it matures, or at least 2/ of the principal as a sinking fund, whichever is greater, full allowances be- ing made for delinquencies and costs of collection; that a tax at the rate as hereinabove determined is hereby ordered to be levied and is hereby levied against all of the taxable property in said City for each year while any of said bonds, or interest thereon, are outstanding and unpaid; that the said tax each year shall be assessed and collected and placed in the Interest and Redemption Fund; and that the City Treasurer shall honor warrants against said fund for the purpose of paying the interest maturing and principal of said bonds and for no other purpose. SECTION 10. That to pay the interest scheduled to mature on Septem- ber 1, 1972, there is hereby appropriated the sum of One Hun- dred Five Thousand, Four Hundred and Twenty-five Dollars ($105,425.00) from funds of the City available for such pur- pose; and that the money thus appropriated shall be used for no other purpose than to pay said interest. SECTION 11. That the bonds herein authorized shall be presented to the Attorney General of the State of Texas for examination and approval and to the Comptroller of Public Accounts for registration; that 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 prescribed herein to be printed on the back of each bond; and that the seal of the Comptroller shall be affixed to, or impressed, or printed, or lithographed on each of said bonds. SECTION 12. That the sale of the bonds herein authorized, together with the bonds authorized by Ordinances Nos. 6625 and 6626, to The First National Bank of Chicago and The Northern Trust Company, Account Managers, and Associates at a price of par and accrued interest to date of delivery, plus a premium of $3,303.00, is hereby confirmed; and that delivery of such bonds shall be made to such purchasers as soon as may be after the passage of this ordinance upon payment therefor in accordance with the terms of sale. SECTION 13. That the City hereby covenants that the proceeds from the sale of the bonds will be used as soon as practicable for the purpose for which the bonds are issued; that such proceeds will not be invested in any securities or obligations except for the temporary period pending such use; and that such proceeds will not be used directly or indirectly so as to cause all or any part of the bonds to be or become "arbi- trage bonds" within the meaning of Section 103 (d) of the Internal Revenue Code of 1954, as amended, or any regulations or rulings prescribed or made pursuant thereto. SECTION 14. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 15. That this ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. SECTION 16 It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law; and that public notice of the time, place and purpose of said meeting was given as required by Chapter 227, Acts of the 61st Legislature, Regular Session, 1969. 1 Mayor of the City of Fort Worth, Texas ATTEST C. y yoSecretary of the City of Fort Worth, Texas APPEOVED AS TO -OtiM AND GAS,ITY City Att rney of the City of Fort Worth, Texas NO. UNITED STATES OF AMERICA $5,000.00 STATE OF TEXAS COUNTY OF TARRANT CITY OF FORT WORTH GENERAL PURPOSE BOND SERIES 1972A The City of Fort Worth, in the County of Tarrant, State of Texas, a municipal corporation duly incorporated under the laws of the State of Texas, for value received, hereby promises to pay to the bearer hereof, on the 1st day of March, 19 the sum of FIVE THOUSAND DOLLARS in lawful money of the United States of America, with inter- est thereon from date hereof at the rate of 96 per an- num, evidenced by coupons payable September 1, 1972, and semi-annually thereafter on March 1st and September 1st of each year, both principal and interest payable upon presenta- tion and surrender of bond or proper coupon at the Manu- facturers Hanover Trust Company, in the Borough of Manhattan, City and State of New York, and the City of Fort Worth, Texas, is hereby held and firmly bound, and its faith and credit and all taxable property in said City are hereby pledged for the prompt payment of the principal of this bond at maturity and the interest thereon as it accrues. This bond is one of a series of eight hundred and seventy- six (876) bonds of like tenor and effect, except as to number, interest rate, maturity, and right of prior redemption, num- bered from one (1) to eight hundred and seventy-six (876) , both inclusive, of the denomination of Five Thousand Dollars ($5,000.00) each, aggregating Four Million, Three Hundred and Eighty Thousand Dollars ($4,380,000.00) , issued for the following purposes, to wit: Three Million, Nine Hundred and Fifty-five Thousand Dollars ($3,955,000.00) for the purpose of making permanent city improvements by construct- ing, improving and extending the streets, thoroughfares and storm drains of said City, including in such permanent public improvements the straightening, widening, paving, grade sepa- ration, lighting and drainage of said streets and thorough- fares, and acquiring the necessary lands therefor; Two Hun- dred and Ten Thousand Dollars ($210,000.00) for the purpose of making permanent city improvements by constructing, build- ing and equipping fire stations and improving and extending the city fire alarm system and acquiring the necessary lands therefor; and Two Hundred and Fifteen Thousand Dollars ($215,000.00) for the purpose of making permanent city im- provements by purchasing, acquiring, constructing and improv- ing the playgrounds, recreation parks, and recreation and park facilities of said City and acquiring the necessary lands therefor, under and by virtue of the Constitution and laws of the State of Texas and the Charter of said City, and pursuant to an ordinance passed by the City Council of the City of Fort Worth, Texas, which ordinance is duly of record in the Minutes of said City Council. The bonds payable subsequent to March 1, 1987, shall be redeemable prior to their respective maturities, at the option of the City, on March 1, 1987, or on any interest pay- ment date subsequent to March 1, 1987, upon the following terms and conditions, viz.: (1) The bonds called for re- demption on any March 1 must include all of the bonds then outstanding or must be the outstanding bonds bearing the high- est identifying numbers; (2) the redemption price shall be par and accrued interest to date of redemption; and (3) at least thirty days prior to the date upon which such redemption is to be made, a notice of intention to make such redemption, describing the bonds to be redeemed, must be published at least once in a financial journal of national circulation published in the Borough of Manhattan, in the City and State of New York. The date of this bond in conformity with the ordinance above mentioned is March 1, 1972. AND IT IS HEREBY CERTIFIED AND RECITED that the issu- ance of this bond, and the series of which it is a part, is duly authorized by law and by a vote of the resident, quali- fied .Olectors who own taxable property in said City and who had duly rendered the same for taxation in the City of Fort Worth, Texas, voting at an election held for that purpose within said City on October 19, 1965; that all acts, condi- tions and things required to be done precedent to and in the issuance of this series of bonds, and of this bond, have been properly done and performed and have happened in regu- lar and due time, form and manner as required by law; that sufficient and proper provision for the levy and collection of taxes has been made, which, when collected, shall be ap- propriated exclusively to the payment of this bond and the series of which it is a part, and to the payment of the interest coupons hereto annexed as the same shall become due; and that the total indebtedness of said City of Fort Worth, Texas, including the entire series of bonds of which this is one, does not exceed any constitutional, statutory or charter limitation. IN WITNESS WHEREOF, this bond has been signed by the printed or lithographed facsimile signature of the Mayor of said City, attested by the manual signature of the City Secretary and approved as to form and legality by the printed or lithographed facsimile signature of the City Attorney, and the interest coupons attached hereto have been signed by the printed or lithographed facsimile signatures of the Mayor and City Secretary, and the official seal of said City has been duly affixed to, or impressed, or printed, or litho- graphed on this bond. CITY OF FORT WORTH, TEXAS BY Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney That the form of coupons to be attached to said bonds shall be substantially as follows: Unless the bond hereinafter mentioned shall have been called for previous redemption and payment thereof made or duly provided for, THE CITY OF FORT WORTH, TEXAS, promises to BOND NO. pay to bearer at the Manufacturers Hanover On the 1st day of Trust Company, in the City of New York, Sept., 19 _ New York, the amount specified hereon for March, interest due that day on its General Purpose SERIES 1972A Bond, Series 1972A, dated March 1, 1972. COUPON NO. CITY OF FORT WORTH, TEXAS BY Mayor ATTEST: City Secretary City of Fort Worth, Texas Mayor and Council Communication WATSON DATE REFERENCE SUBJECT: Sale Of $17,790,000 PAGE NUMBER General Obligation Bonds If 1 2/9/72 G-1913 hiaAe;4J Bids for $17,790,000 General Obligation Bonds were received Wednesday, February 9, 1972 at 10 A.M. A summary of the average net effective interest rates for bids received is shown below. 1. First National Bank of Chicago 4.6602% 2. First National City Bank & Merrill Lynch, Pierce, Fenner & Smith 4.6953% 3. Smith Barney & Co. ,: Inc. 4.6970% 4. Harris Trust & Savings Bank 4.6990% 5. Morgan Guaranty Trust Co. 4.7681% 6. Halsey, Stuart & Co., Inc. 4.7284 7. Weeden & Co. , Inc. 4.74V4%b 8. Republic National Bank and Fort Worth National Bank 4.7485% 9. Chemical Bank & John Nuveen & Co. 4.7841% It is recommended that the bonds be sold to the bidder offering the lowest interest cost, First National Bank of Chicago and Associates at an average net effkcl eve rate of 4.6602%, and that the City Council adopt ordinance numbe 6 2 authorizing the issuance of. $4,380,000 General Purpose Bonds, ordinance number 6625 authorizing $10,7ti5,000 Refunding �onds and ordinance number 6626 authorizing $2,645,000 Sanitary Sewer and Se age Disposal Bonds. RNL:mhg SUBMITTED BY: DISPOSITION COUNCIL: PROCESSED BY PPROVED ❑ OTHER (DESCRIBE) C�SECR DATE CITY MANAGER C_