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HomeMy WebLinkAboutOrdinance 7762 CITY OF DALLAB ORDI19'A1+ I NO. CITY of Pon wom oiwImrz two. '] 7 b Z (Series 1970, XwWbers 6972 and 6973) An ordinance passed concurrently by the City Councils, respectively, of the Cities of Dallas and Fort Worth, authorizing the issuance of two $5,000.00 replacement bonds to replace bonds numbered 6972 and 6973 of Dallas-Fort Worth Regional Airport Joint Revenue Bonds, Series 1970 and reeolving other matters relating to the subject. WHEREAS, the Citied of Dallas and Fort Worth by ordinance passed concurrently on April-li, 1970, authorised the issuance of and sold their Dallas-Fort Worth Regional Airport Joint Revenue Bonds, Series 1970, in the aggregate principal amount of $50,000,000.0 dated April 1, 1970; and WHEREAS, two bonds of the above described Series of hands, -to-wit: Bonds Numbered 6972 and 6973 in the denomination of $5,000.00 each, and bearing interest at the rate of 7.10% per annum, payable semiannually on each May 1 and November 1 (Interest Coupon No. 10 and subsequent coupons appertaining thereto unpaid) , and maturing November 1, 1999 are outstanding and unpaidt and WHEREAS, an affidavit in due form verified by Donald Meeker, affiant, to the effect that Dallas-port Worth Regional Airport Joint Revenue Bonds, Series 1970, NUmbers,6972 and 6973 in the aggregate amount of $10,000.00, were destroyed by fire in the residence of affiant, the owner of such bonds, on February 2, 1975, has boon received and is on file in the offices of the Director of Finance of the Dallas-Port Worth Regional Airport, and such affidavit has been accepted by the City Councils of Dallas and Fort Worth as sufficient evidence that the above described securities have been destroyed, within the meaninq of Article 715a a of the Revised Civil Statutes of Texas, and a certified copy of such affidavit is attached hereto as. a permanent part hereof; and WHEREAS, at the time the loss occurred, Coupons Numbered 10 coming due on May 1, 1975,. and subsequent coupons were attached to saj. securities, and therefore neither said coupons nor any subsequent coupons have been presented for payment; and WHEREAS, the owner of said bonds and appurtenant coupons desires that replacement bonds be issued to replace the aforesaid destroyed bonds and appurtenant coupons; and WHEREAS, by Acts 1963, of the 59th Legislature, of the State of Texas, Chapter 334, 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 satisfact- ory to the issuer and upon an affidavit 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, Lost Securities Bond No. 843886 dated April 22, 1976, and executed by Donald Meeker, a# principal and by The North River Insurance Company as surety has been received and is on file in the office of the Director of Finance of the Dallas-Fort Worth Regional Airport and such Lost Securities Bond 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 Lost Securities Bond No. 843886 is attached hereto as a permanent part hereof. NOW, THEREFORE, BE IT ORZAIMM BY THE CITY COUNCIL OF THE CITY OF DALLAS, TEEXAS: NOW, THEREFORE, BE I'T ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXASs Section 1. That there is hereby authorized to be issued replacement bonds to replace Bonds Numbered 6972 and 6973 of Dallas-Fort Worth Regional Airport Joint Revenue Bonds, Series 1970. Said replacement bonds and the interest coupons appertaining thereto shall be in the same form and in all respects of like tenor and effect as said Bonds Numbered 6972 and 6973 and the interest coupons appertaining thereto, except that such replacement bonds and the interest coupons appertaining thereto shall be signed manually, or in facsimile, as provided by law, by the proper offi- cials holding office at the time of the issuance, and that no interest coupon shall mature prior to May 1, 1975, and that only Interest Coupons No. 10 and subsequent interest coupons shall be attached to said replacement bonds. Section 2. That said replacement bonds shall be dated April 1, 1970, which is the date of the destroyed bonds. Section 3. That said replacement bonds and all interest coupons appertaining thereto shall have the letter "R" preceding the Bond Number and following the Interest Coupon Number. Section 4. That after said replacement bonds have been exe- cuted, 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 Hoard acting throuqh authority from him, to deliver said replacement bonds to the Attorney General of Texas for examination and approval. After approval by the Attorney General of Texas, said ,replacement bonds shall be delivered to the Comptroller of Public Accounts of the State of Texas for registration. The replacement bonds thus registered 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 bonds 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 bonds in the same awmer as the original bonds were registered, giving then the "me registration number as the ori- ginal bonds, except that such number shall be preceded by the letter -R-. The Comptroller shall date his registration certifi- cate as of the date of registration of the replacement bonds. Section 6. That all provisions of the ordinance adopted by the City Councils of the Cities of Dallas and Fort Worth on the 14th day of April, 1970, authorising the Series of bonds of which said destroyed bonds were a p+►rt 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 ordin- ance by the City Councils of Dallas and Fort North 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 Forth, or the Dallas-Fort Worth Regional Airport and shall be borne entirely by and be the sole liability of Donald Meeker, the owner of said bbove described destroyed securi- ties who has requested the issuance of replacement securities as provided herein. Section 8. 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. r PASSED . 1976. City of Fort Korth, Texas (Seal) ATTEST: 1 City Secretary City of Fort North, Texas •APPROVED AS TO FORM AND LEGALITY: City Attor y City of Fo t orth, Texaa