Loading...
HomeMy WebLinkAboutOrdinance 4706 tOFFICM RECORD ORDINANCE NO. �1 to Lln/ SECRETARY F� WORTN, Trx. AN ORDINANCE PROVIDING FOR THE ISSUANCE OF REVENUE BONDS OF THE CITY OF FORT WORTH IN THE AGGREGATE PRINCIPAL AMOUNT OF ONE MILLION, FIVE HUNDRED THOUSAND DOLLARS ($1,500,000.00) TO FINANCE THE IMPROVEMENT AND EXTENSION OF THE CITY*S WATER SYSTEM; PROVIDING FOR THE PAYMENT OF SUCH BONDS SOLELY FROM THE REVENUES OF THE CITYSS WATER AND SEWER SYSTEMS; kPLEDGING A PORTION OF SUCH REVE- NUES TO SUCH PAYMENT; ENTERING INTO CERTAIN COVENANTS AND AGREEMENTS WITH RESPECT TO THE OPERATION OF SUCH SYS- TEMS AND THE APPLICATION OF THE REVENUES DERIVED THERE- FROM; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the City of Fort Worth (hereinafter referred to as City) has established, and for many years has maintained and operated, and is now maintaining and operating a system (here inafter referred to as the City Water System) used or useful to obtain a supply of water for said City and its inhabitants and to conserve, treat and dispose of such water, and also a system (hereinafter referred to as the City Sewer System) used or useful for the collection, treatment and disposal of sewage and waste; and, WHEREAS, at elections duly called and held in the City on January 25, 1949, January 26, 1954, and January 31, 1956, a majority of the qualified voters of the City voted in favor of propositions authorizing the issuance of Water and Sewer Revenue Bonds; and, WHEREAS, the City has heretofore issued all of the bonds au- thorized by propositions submitted at the elections held on January 25, 1949 and January 26, 1954, said bonds having been issued pursuant to ordinances duly passed by the City Council of said City, the first of said ordinances passed on April 20, 1949, being hereinafter referred to as the "First Issue Bond Ordinance"; and, WHEREAS, pursuant to ordinances heretofore duly passed, the City has issued bonds in the aggregate principal amount of Twelve Million, Three Hundred Thousand Dollars ($12,300,000.00) out of the Eighteen Million Dollar ($18,000,000.00) issue which was authorized by propositions submitted at the election held on January 31, 1956, and the bonds so issued comprise Eleven Million, Three Hundred Thousand Dollars ($11,300,000.00) of the bonds referred to in Proposition No. 1 and all of the One Mil- lion Dollars ($1,000,000.00) of bonds referred to in Proposition No. 2 submitted at said election, and the remainder of the bonds referred to in said Proposition No. 1 have not as yet been issued; and, WHEREAS, it was provided in Section 109 of the First Issue Bond Ordinance passed April 20, 1949, that the City of Fort Worth might issue additional bonds payable from the Debt Service Fund created by said ordinance, which bonds, when issued, would be secured equally and ratably with the bonds authorized by said ordinance of 1949; and, WHEREAS, the conditions prescribed in Section 109 of said ordinance of 1949 have been fulfilled and exist so that the City now has authority under said section to issue the additional bonds herein authorized; and, WHEREAS, it is deemed wise and expedient by the City Council of said City, in the exercise of the discretion reposed in it by law, that One Million, Five Hundred Thousand Dollars ($1,- 500,000.00) of the bonds authorized by Proposition No. 1 sub- mitted at said election held on January 31, 1956, be issued, in addition to the bonds heretofore issued and sold, for the purpose of improving and extending the City Water System, and that said bonds shall be issued as provided by this ordinance; and, WHEREAS, the following terms, where used in this ordinance, unless the context shall indicate another or different meaning or intention, are to be construed and used and are intended to have meanings as follows: (1) "City Water System" and "City Sewer System" mean the systems described in the first paragraph of this ordinance. (2) "Bonds" shall mean the bonds described in Sec- tion 101 of this ordinance. (3) "Additional Bonds" shall mean the bonds hereafter issued as provided in Section 109 of this ordinance. (4) "Issued Bonds" shall mean the Issued Bonds de- scribed in Section 401 of this ordinance. (5) "Operating Expenses" shall mean Operating Ex- penses as defined in Section 401 of this ordinance. (6) "Revenues" and "Net Revenues" shall mean, respec- tively, Revenues and Net Revenues as defined in Section 401 of this ordinance. (7) "First Issue Bond Ordinance" shall mean the ordi- nance hereinbefore described, adopted by the City Council on April 20, 1949. (8) "Operating Fund" shall mean the fund described in Section 402 of this ordinance. (9) "Debt Service Fund" and "Current Account" and "Reserve Account" shall mean the Debt Service Fund, the Current Account and the Reserve Account described in Sec- tion 405 of this ordinance. (10) "Operation Reserve Account" shall mean the Opera- tion Reserve Account described in Section 406 of this ordi- nance. (11) "Issuance Date" shall mean the first day on which any of the Bonds are delivered. (12) "Year" or "Fiscal Year" shall mean the yearly period beginning October 1 in each year. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: ARTICLE I. AUTHORIZATION AND DESCRIPTION OF BONDS Section 101. Bonds of the City shall be issued in the ag- gregate principal amount of One Million, Five Hundred Thousand Dollars ($1,500,000.00) for the purpose of improving and extend- ing the Waterworks System of said City. All of such bonds (here- inafter referred to as the Bonds) shall constitute a single is- sue to be known as Water and Sewer Revenue Bonds, Series 90. The Bonds shall be payable solely from the Net Revenues of the City's Water and Sewer systems, as defined in Section 401 of this ordinance. The holder or holders of the Bonds shall never have the right to demand payment thereof out of any funds raised or to be raised by taxation. Section 102. The Bonds are hereby authorized and shall be issued pursuant to the Constitution and statutes of the State of Texas, including particularly Articles 1111 to 1118, inclusive, of the 1925 Revised Civil Statutes of Texas, as amended. Section 103 . The Bonds shall be three hundred (300) in num- ber, numbered from twelve thousand, three hundred and one (12,301) to twelve thousand, six hundred (12,600) , both inclusive, and of the denomination of Five Thousand Dollars ($5,000.00) each, shall be dated September 1, 1962, and shall mature serially on March 1st of each year, as follows: Year Amount 1963 $60,000.00 1964 60,000.00 1965 60,000.00 1966 60,000.00 1967 60,000.00 1968 60,000.00 1969 60,000.00 1970 60,000.00 1971 60,000.00 1972 60,000.00 (Continued) Year Amount 1973 $60,000.00 1974 60,000.00 1975 60,000.00 1976 60,000.00 1977 60,000.00 1978 60,000.00 1979 60,000.00 1980 60,000.00 1981 60,000.00 1982 60,000.00 1983 60,000.00 1984 60,000.00 1985 60,000.00 1986 60,000.00 1987 60,000.00 The Bonds shall be payable, with respect to both principal and interest, at the principal office of the Manufacturers Hanover Trust Company, in the Borough of Manhattan, City and State of New York, in such coin or currency of the United States of Amer- ica as at the time of payment shall be legal tender for the pay- ment of public and private debts. Section 104. The Bonds shall bear interest from September 1, 1962, at the rates as follows: Bonds maturing 1963 to 1974, both incl., 4-1/2% per annum; Bonds maturing 1975 to 1976, both incl., 3.70 % per annum; Bonds maturing 1977 , 3.60 % per annum; Bonds maturing 1978 to 1981, both incl., 3-1/2% per annum; Bonds maturing 1982 to 1983, both incl., 3.45 % per annum; Bonds maturing 1984 to 1985, both incl., 3-1/2% per annum; and Bonds maturing 1986 to 1987, both incl., 1 % per annum, payable March 1, 1963, and semi-annually thereafter on September 1st and March 1st of each year until the principal amount thereof shall be paid. Section 105. The Bonds shall be payable to bearer, without privilege of registration. Each of the Bonds shall be signed 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, and the corporate seal of the City of Fort Worth, Texas, shall be affixed to or im- pressed upon each of them. The facsimile signatures of the Mayor and City Secretary shall be lithographed or printed upon the coupons attached to said bonds, and such facsimile signa- tures shall have the same effect as if manually placed on said Bonds and coupons. Each successive holder of each Bond, and each successive holder of each of the coupons attached to the Bonds, is conclusively presumed to forego and renounce his equi- ties in favor of subsequent holders for value without notice, and to agree that such Bond and each of such coupons may be ne- gotiated by delivery by any person having possession thereof, howsoever such possession may have been acquired, and that any holder who shall have taken such Bond or any of such coupons from any person for value and without notice thereby has acquired absolute title thereto, free from any defenses enforceable against any prior holder and free from all equities and claims of ownership of any such prior holder. section 106. The Bonds, the interest coupons to be attached to the Bonds, and the certificate of the Comptroller of Public Accounts of the State of Texas, and the certificate of the City Attorney to be eridbreed on the Bonds shall be in substantially the following forms, respectively, with the proper insertions, substitutions and variations as in this ordinance provided or permitted: Section 107. 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. 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 the seal of the Comptroller shall be impressed, or printed, or lithographed on each of said Bonds. Section 108. The Mayor and City Secretary are hereby au- thorized to execute said Bonds and to impress thereon the cor- porate seal of the City. The City Treasurer is hereby authorized to deliver said Bonds to the purchaser or purchasers to whom they may be sold by the City Council upon receipt of the purchase price to be paid by such purchaser or purchasers. Section 109. In addition to the Bonds authorized by this ordi- nance, the City may issue bonds (hereinafter referred to as Ad- ditional Bonds) payable from the Debt Service Fund hereinafter referred to and secured, equally and ratably with the Bonds au- thorized by this ordinance, by a pledge of the Revenues of the Systems, but only upon the following conditions: (a) That the Additional Bonds shall be issued for the pur- pose of improving or extending the Systems; (b) That at the time the Additional Bonds are issued, the City shall not be in default in making any payment required by Section 404, 405 or 406 of this ordinance; (c) That the amount of the average annual Net Revenues of the Systems computed by dividing by two the Net Revenues for the two fiscal years immediately preceding the time of issuance of the Additional Bonds shall be not less than 150% of the max- imum aggregate amount of principal and interest payable in any future fiscal year with respect to the Bonds and Additional Bonds then outstanding (including Issued Bonds as hereinafter defined) and the Additional Bonds about to be issued; and (d) That the principal of the Additional Bonds shall be made payable on March 1 of the years in which such principal is payable, and that the interest on the Additional Bonds shall be made payable semi-annually on September 1 and March 1. All Bonds issued in accordance with the provisions of this Section 109 and pursuant to the propositions referred to in the preamble of this ordinance, as well as all of those issued pur- suant to propositions heretofore or hereafter adopted by a ma- jority of the resident, qualified electors of the City owning taxable property in the City, and who have duly rendered the same for taxation, voting at an election held for that purpose, whether issued by virtue of this ordinance or by virtue of earlier or subsequent ordinances or resolutions, and whether issued at one time or from time to time, shall be deemed and treated as a single issue of bonds and as representing parts of the same indebtedness, within the meaning of Article 1113 of the 1925 Re- vised Statutes of Texas, as amended. ARTICLE II. REDEMPTION OF BONDS BEFORE MATURITY Section 201. The Bonds payable subsequent to March 1, 1973, shall be redeemable prior to their respective maturities, at the option of the City, on March 1, 1973, or on March 1 of any year subsequent to 1973, 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 out- standing Bonds bearing the highest identifying numbers; (2) the redemption price shall be par and accrued interest to date of redemption, plus a premium for each bond redeemed, of the follow- ing respective amounts in the following respective years: 1973, $25.00; 1974, $22.50; 1975, $20.00; 1976, $17.50; 1977, $15.00; 1978, $12.50; 1979, $10.00; 1980, $7.50; 1981, $5.00; 1982, $2.50; and without premium if redeemed after 1982; 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 newspaper printed in the English language and published and of general circulation in the City of Fort Worth, in the State of Texas, and must be published at least once in a financial journal 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. Section 202. Nothing contained in this ordinance shall be construed 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 here- inbefore prescribed. Section 203. Notice having been given by publication in the manner provided in Section 201, the Bonds called for redemption shall become due and payable on the redemption date designated in the notice at the redemption price determined, as provided in Section 201, and upon presentation and surrender thereof at the place of payment thereof, together with all appurtenant coupons maturing subsequent to the redemption 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 redemption date shall continue to be payable to the bearers of such coupons. Interest on any Bonds to be re- deemed 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. ARTICLE III. APPLICATION OF PROCEEDS OF BONDS Section 301. All moneys received by the City in payment for the Bonds, exclusive of accrued interest, shall be credited to a special fund, which is hereby created and which shall be known as the "Water and Sewer System Construction Fund" (hereinafter referred to as the Construction Fund) . All moneys credited to the Construction Fund shall be deposited with the City's deposi- tary or depositaries and shall be subject to a lien and charge in favor of the holders of the Bonds, and shall be held for the further security of such holders until paid out as hereinafter provided. Section 302. From the moneys credited to the Construction Fund the City shall apply the sum of $1,500,000.00 to the payment of the cost of improving and extending the City Water System. Section 303. The amount received by the City from the pur- chasers of the Bonds as accrued interest, if any, shall be paid by the City into the Current Account of the Debt Service Fund hereinafter described. ARTICLE IV. APPLICATION OF REVENUES Section 401. Where used in this ordinance (1) the term "Sys- tems" shall be deemed to include all properties of every nature owned or used by the City and used or useful in the operation of the City Water System or the City Sewer System, including real estate, personal and intangible properties, whether lying within or without the boundaries of the City, and shall include all im- provements, additions and extensions which may hereafter be made to said properties or Systems; (2) the term "Operating Expenses" shall mean the reasonable and proper expenses of operating and maintaining the Systems, including, without limiting the general- ity of the foregoing, expenditures for salaries, labor, materials, interest, repairs and extensions necessary to enable the Systems to render efficient service, and every proper item of expense, but such repairs and extensions shall be limited to those which in the judgment of the City Council are necessary to keep the Sys- tems in operation and to render adequate service to the City and the inhabitants thereof, or necessary to meet some physical accident or condition which would otherwise impair such Systems and the Revenues thereof; (3) the term "Revenues" shall mean the gross revenue and income derived by the City from the operation of the Systems; (4) the term "Net Revenues" shall mean the amount by which the aggregate of the Revenues received by the City in any year shall exceed the amount required to pay the Operating Expenses of such year; (5) the term "Issued Bonds" shall mean the Forty-five Million, Three Hundred Thousand Dollars ($45,- 300,000.00) Water and Sewer Revenue Bonds which have been hereto- fore issued pursuant to the authority given by the propositions adopted at said elections held in the City on January 25, 1949, January 26, 1954, and January 31, 1956, and pursuant to the ordinances referred to in the preamble of this ordinance; and (6) the term "First Issue Bond Ordinance" shall mean the ordi- nance adopted by the City Council on April 20, 1949. Section 402. All Revenues (as defined in Section 401 of this ordinance) received or collected by the City or any of its offi- cers or agencies shall be deposited by the City Treasurer, as promptly as possible after their receipt, in a bank or banks au- thorized to act as depositary or depositaries of the City, and shall be held by such bank or banks in a special fund or account to be known as the "Water and Sewer Operating Fund" (hereinafter referred to as the Operating Fund) , established by the First Issue Bond Ordinance. Section 403. Subject only (1) to the right of the City to pay from the Operating Fund moneys required for Operating Expenses as provided in Section 404 of this ordinance and (2) to the right of the City to expend moneys in the Operating Fund in accordance with Section 406 of this ordinance, all moneys paid or required by Section 402 to be paid into the Operating Fund are hereby pledged to secure the payment of the principal of, the redemption premium, if any, and interest on the Bonds (including Issued Bonds and Additional Bonds issued in accordance with Section 109 of this ordinance) , and this pledge shall be valid and binding from and after the earliest date (hereinafter referred to as the Issuance Date) upon which any bonds are issued pursuant to this ordinance. Revenues, as received by the City, shall immediately be subject to the lien of this pledge without any physical de- livery thereof or further act, and the lien of this pledge shall be valid and binding as against all parties having claims of any kind in tort, or contract, or otherwise against the City, irrespective of whether such parties have notice of such lien. Section 404. From the Operating Fund the City shall first pay Operating Expenses as such expenses become due and payable. Section 405. (1) The Special Fund known as the "Water and Sewer Debt Service Fund" (hereinafter referred to as "Debt Service Fund") established by the First Issue Bond Ordinance shall be continued and maintained, and such Special Fund shall be divided into a "Current Account" and a "Reserve Account" as provided in the First Issue Bond Ordinance. All moneys paid into such accounts as hereinafter provided and as provided in the First Issue Bond Ordinance shall be deposited in one or more depositaries of the City as a Special Fund and shall be kept separate from all other moneys of the City. (2) On or before the last day of the first month ending subsequent to the Issuance Date, and on or before the fif- teenth day of each month thereafter, the City shall, out of the moneys remaining in the Operating Fund after payment of Operat- ing Expenses then due and payable, pay (a) Into�the Current Account of the Debt Service Fund: (1) An amount equal to one-sixth (1/6) of the in- terest payable on the Bonds (including Issued Bonds and Additional Bonds) then outstanding on the interest payment date next ensuing, less the amount, if any, received as accrued interest from the purchasers of the Bonds and deposited to the credit of the Current Account and available for the purpose of paying said interest; and (2) An amount equal to one-twelfth (1/12) of the principal of the Bonds (including Issued Bonds and Additional Bonds) then outstanding that will mature on the March first next ensuing; and (b) Into the Reserve Account of the Debt Service Fund: An amount equal to twenty per cent (20%) of said payments into the Current Account; provided, how- ever, that whenever and for so long as the amount in the Reserve Account shall be as much as the aggregate amount of principal and interest that will become due and payable in the twelve months= period beginning on the March 2 next ensuing on the Bonds (including Issued Bonds and Additional Bonds) then outstanding, no payment need be made into the Reserve Account; and provided, further, that no greater payment need be made into the Re- serve Account than shall be necessary to make the amount in the Reserve Account equal to said aggre- gate amount of principal and interest. (3) In addition to the amount required by the foregoing provisions of this section to be paid into the Current Account of the Debt Service Fund on or before the last day of the month in which any Bonds or Additional Bonds are delivered, the City shall pay into said account, on or before said day, out of moneys remaining in the Operating Fund after the payment of Operating Expenses then due and payable, an amount equal to the amounts, if any, which would have been theretofore paid, pursuant to said foregoing provisions, into the Current Account with respect to said Bonds or Additional Bonds (a) on account of interest, if said Bonds or Additional Bonds had been delivered six months be- fore the interest payment date next ensuing, and (b) on account of principal, if said Bonds or Additional Bonds had been delivered one year before the principal payment date next ensuing. (4) If for any reason the moneys in the Current Account or the Reserve Account of the Debt Service Fund, and actually available for the purpose of paying the principal of or interest on the Bonds or the Issued Bonds or the Additional Bonds, shall at any time be less than the total amount required by the foregoing provisions of this section to be paid into such account up to such time, after deducting, in the case of the Current Account, moneys previously applied to, or set aside and held by the City for, the payment of matured Bonds or Issued Bonds or Additional Bonds and matured coupons appurtenant to Bonds or the Issued Bonds or Additional Bonds, the amount of the deficiency shall be added to the amount otherwise required to be paid from the operating Fund into such deficient account in each month thereafter until all such deficiencies shall have been made up. (5) Whenever and for so long as the moneys in the Debt Service Fund are at least equal to the aggregate prin- cipal amount of the Bonds and Issued Bonds and Additional Bonds issued and unpaid, plus the amount of interest then due and there- after to become due on the Bonds and Issued Bonds and Additional Bonds issued and unpaid, no further payment need be made into the Debt Service Fund. Section 406. The special account in the Operating Fund known as the "Operation Reserve Account" created by the First Issue Bond ordinance shall be continued and maintained. The City Coun- cil has ascertained and hereby determines that cash and invest- ments amounting in the aggregate to $747,343.06 have been set aside in accordance with the provisions of the First Issue Bond Ordinance and are now held in said account and that said sum is more than twenty-five percentum of the total amount of the Operat- ing Expenses of the System for the twelve months' period ending on September 30, 1961. In the event that the moneys held in said account shall hereafter be less than twenty-five percentum of the total amount of the Operating Expenses of the Systems for any twelve months' period ending on the next preceding September 30th, the City shall, on or before the last days of December, March, June and September in each year, after making the payments for Operating Expenses required by Section 404 and the payments into the Current Account and Reserve Account of the Debt Serv- ice Fund required by Section 405, set aside and pay into the Operating Reserve Account, out of any balance of the Revenues remaining in the Operating Fund, the sum of $16,000.00, or such larger sum as may hereafter be prescribed by the City Council, until the moneys held in the Operating Reserve Account shall be equal to twenty-five percentum of the total amount of the Operat- ing Expenses of the Systems for the twelve months' period ending on the next preceding September 30th, after which no further pay- ment need be made into such account unless the moneys therein shall become less than such total amount, in which event such further payments shall be made from time to time into said account as may be necessary in order to make the moneys therein equal to said total amount. Moneys in said account may be used by the City for the purpose of making any payments required by either section 404 or Section 405 of this ordinance. Any surplus remaining in the Operating Fund, after making the payments for Operating Ex- penses required by Section 404 and the payments into the Current Account and Reserve Account of the Debt Service Fund required by Section 405 and the payments into the Operation Reserve Account required by this section, may be used by the City for any lawful purpose. Section 407. Moneys in the Current Account of the Debt Serv- ice Fund shall be used by the City for the purpose of paying or making provision for paying the principal of and interest on the Bonds or Issued Bonds or Additional Bonds as such principal and interest fall due. Moneys in the Reserve Account of the Debt Service Fund shall also be used by the City for said pur- pose whenever and to the extent that the moneys in the Current Account shall be insufficient for said purpose. All moneys in the Debt Service Fund shall be held by the City in trust, and they are hereby pledged to and charged with the payments men- tioned in this section. Section 408. Moneys on deposit to the credit of the Reserve Account of the Debt Service Fund or the Operation Reserve Ac- count of the Operating Fund may, in the discretion of the City Council of the City, be invested in direct obligations of, or ob- ligations the principal and interest of which are uncondition- ally guaranteed by, the United States Government. Obligations so purchased as an investment of moneys in either of such ac- counts shall be deemed at all times to be a part of such account, and the interest accruing thereon and any profit realized from such investment shall be credited to such account, and any loss resulting from such investment shall be charged to such account. The City shall sell at the best price obtainable any obligations so purchased whenever it may be necessary so to do in order to provide moneys to meet any payment or transfer from such account. ARTICLE V. PARTICULAR COVENANTS OF THE CITY Section 501. The City covenants and agrees that it will duly and punctually pay, or cause to be paid, the principal of all Bonds issued under this ordinance and the interest thereon, on the dates, at the place and in the manner set forth in such Bonds and in the coupons thereto appertaining, and that it will faith- fully do and perform and at all times fully observe any and all covenants, undertakings, stipulations and provisions contained herein or in the Bonds at any time outstanding hereunder. Except as in this ordinance otherwise provided, such principal and in- terest are payable solely from the Revenues derived from the Systems, which revenues are hereby pledged to the payment thereof in the manner and to the extent hereinabove particularly speci- fied, and nothing in the Bonds or coupons or in this ordinance shall be construed as pledging the credit of the City or as ob- ligating the City, directly or indirectly, or contingently, to levy a tax therefor. Section 502. The City covenants that it will at all times main- tain the Systems in good order and condition and will continuous- ly operate the same, and will, from time to time, make all proper repairs, renewals and replacements. Section 503. The City covenants that it will at all times fix, establish and collect adequate rates and charges for the services furnished by the Systems, so that the Revenues derived therefrom will at all times be sufficient to provide funds for paying Operat- ing Expenses as they become due and payable and for making the payments required by Section 405 to be made to the Debt Service Fund and the payments required by Section 406 to be made to the Operation Reserve Account, and to pay any other indebtedness which may become a charge upon the revenues of the Systems. Section 504. The City covenants that it will at all times carry insurance in a responsible insurance company or companies authorized and qualified under the laws of Texas to assume the risk thereof, covering such properties belonging to the Systems as are customarily insured, and against loss or damage from such causes as are customarily insured against, by companies engaged in the operation of water or sewer systems. The pro- ceeds of any and all such insurance shall, to the extent neces- sary, be applied to the repair and replacement of the damaged property. Section 505. The City covenants that, so long as the Bonds or any of them shall be outstanding and except as in this ordi- nance otherwise expressly permitted, it will not sell, lease or otherwise dispose of or encumber the Systems or any part there- of, and will not create or permit to be created any charge or lien on the Revenues of the Systems ranking equally with or prior to the charge or lien on such Revenues of the Bonds issued under and secured by this ordinance. The City may, however, from time to time, sell any machinery, fixtures, apparatus, tools, instruments or other movable property acquired by it in connec- tion with the Systems, or any materials used in connection there- with, if the City shall by resolution of its City Council de- termine that such articles are no longer needed or are no longer useful in connection with the construction or operation and main- tenance of the Systems, and the proceeds thereof shall be applied to the replacement of the properties so sold or disposed of, or shall be deposited to the credit of the Operating Fund. The City may from time to time sell or lease such other property forming part of the Systems as it may determine is not needed or serves no useful purpose in connection with the maintenance and opera- tion of the Systems. The proceeds of any such sale shall be deposited to the credit of the Debt Service Fund, and the rentals from any such lease shall be deposited to the credit of the Operating Fund. Section 506. So far as it legally may, the City covenants and agrees that, so long as the Bonds or any of them are out- standing, it will not grant a franchise for the operation of any competing water system or sewer system. Section 507. The City covenants and agrees that, so long as the Bonds or any of them are outstanding, the rates charged for services furnished by the Systems shall be equal and uniform, and no free service shall be allowed except for City public schools or buildings and institutions operated by the City. Section 508. The City covenants and agrees that, so long as the Bonds or any of them are outstanding, it will not issue Ad- ditional Bonds, payable from the Debt Service Fund, except in the manner and subject to the limitations prescribed by Section 109 of this ordinance. Section 509. Nothing contained in this ordinance shall be construed to require the City to make any payment except from the Revenues of the Systems or from the moneys raised by the is- suance of the Bonds. Section 510. The City covenants that it will keep proper books of account (separate from all other records and accounts) in which full and correct entries shall be made of all trans- actions relating to the Systems. Such books shall be open to the inspection of all interested persons. The City further covenants that not later than three months after the close of each fiscal year, the City will cause to be prepared a state- ment, certified by a competent and independent certified public accountant, showing in reasonable detail the revenues and ex- penses of the Systems during such fiscal year, the assets and liabilities of the Systems at the beginning and close of such fiscal year, the amounts on deposit at the close of such fiscal year in each of the separate funds or accounts mentioned in this ordinance, and such other information as may be necessary to enable the holders of the Bonds and the Additional Bonds to be fully informed as to all matters pertaining to the financial operation and condition of the Systems during such fiscal year. The City further covenants that it will cause a copy of such statement to be mailed to each of the original purchasers of the Bonds or the Additional Bonds and also to each holder of any of the Bonds or the Additional Bonds who shall have requested it. Section 511. The City covenants that, so long as the Bonds or any of them shall be outstanding, all deposits of money held in either the Construction Fund or the Debt Service Fund or the Operating Fund (other than money invested as hereinbefore pro- vided) shall be adequately secured by United States Government bonds or other marketable securities eligible as security for the deposit of trust funds under regulations of the Board of Governors of the Federal Reserve System, or by indemnity bonds of indemnity companies qualified as security for United States Government deposits, or as may be required by the applicable laws of the State of Texas. ARTICLE VI. MISCELLANEOUS PROVISIONS Section 601. If a coupon appertaining to any of the Bonds shall in any way, before, at or after maturity, be transferred or pledged separate and apart from the Bond to which it apper- tains, such coupon shall not, unless accompanied by such Bond, be entitled, in case of default hereunder, to any benefit of or from this ordinance, except after prior payment in full of the principal of all Bonds and of all coupons not so transferred or pledged. If the time for the payment of any coupon appertaining to any of the Bonds shall be directly or indirectly extended, or the extension thereof shall be assented to by the City, or the City shall be a party to or approve of any arrangement for such extension by purchasing such coupons or in any other manner, then, anything in this ordinance contained to the contrary notwith- standing, such coupon so extended shall not be entitled, in case of default hereunder, to any benefit of or from this ordinance, except after prior payment in full of all Bonds outstanding here- under and of all such coupons as shall not have been so extended. Section 602. In consideration of the purchase and acceptance of the Bonds authorized to be issued hereunder by those who shall hold the same from time to time, this ordinance shall be deemed to be and shall constitute a contract between the City and the holders from time to time of such Bonds; and the covenants and agreements herein set forth to be performed on behalf of the City shall be for the equal benefit, protection and security of the holders of any and all such Bonds and coupons, all of which, re- gardless of the time or times of their issue or maturity, shall be of equal rank without preference, priority or distinction of any of the Bonds or coupons over any other thereof except as expressly provided herein. Section 603. Except as herein otherwise expressly provided, nothing in this ordinance is intended or shall be construed to confer upon any person, firm or corporation, other than the holders of the Bonds, any right, remedy or claim, legal or equi- table, under or by reason of this ordinance, or any covenant, condition or stipulation herein, this ordinance and all of its covenants, conditions and stipulations being intended to be for the sole and exclusive benefit of the holders from time to time of the Bonds. Section 604. In the event that any one or more of the pro- visions of this ordinance shall for any reason be held to be il- legal or invalid, such illegality or invalidity shall not affect any other provision of this ordinance, and this ordinance and the Bonds issued pursuant thereto shall be construed and enforced as if such illegal or invalid provision or provisions had not been contained in this ordinance. Section 605. All ordinances and resolutions in conflict here- with are hereby repealed in so far as they conflict herewith. Section 606. This ordinance shall take effect and be in full force and effect from and after the date of its passage. M of the C' y of ort Worth, Texas ATTEST L��uc�c tC' y cretary of the City of ort Worth, Texas APPROVED AS TO FORM AND LEGALITY: City Attorney of the City of Fort Worth, Texas (Form of Bond) No. No. UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF TARRANT CITY OF FORT WORTH WATER AND SEWER REVENUE BOND SERIES 90 $5,000 $5,000 The City of Fort Worth (hereinafter called the City) , a munic- ipal corporation of the State of Texas, for value received, here- by promises to pay, solely from the revenues hereinafter re- ferred to, to the bearer on March 1, 19 _, the principal sum of FIVE THOUSAND DOLLARS ($5,000) , and to pay, solely from said revenues, interest on said principal sum from the date of this Bond, at the rate of per centum ( %) per annum, semi-annually, the first interest payment date being March 1, 1963, and each year thereafter on September 1 and March 1, until the City's obligation with respect to the payment of said principal sum shall be discharged. Interest payable at or be- fore the date of maturity of this Bond will be paid only upon presentation and surrender of the annexed interest coupons as they severally mature. Payment of the principal of and interest on this Bond will be made at the principal office of the Manu- facturers Hanover Trust Company, in the Borough of Manhattan, City and State of New York, in such coin or currency of the United States of America as at the time of payment shall be legal tender for the payment of public and private debts. This Bond is one of a duly authorized issue of bonds of the City, known as its Water and Sewer Revenue Bonds, Series 90 (hereinafter called the Bonds) , in the aggregate principal amount of One Million, Five Hundred Thousand Dollars ($1,500,000.00) , dated September 1, 1962, in the denomination of Five Thousand Dollars ($5,000) each, and numbered from twelve thousand, three hundred and one (12,301) to twelve thousand, six hundred (12,600) . The Bonds are issued for the improvement and extension of the City's Water System and are payable from the Net Revenues derived by the City from the operation of the Cityss Water and Sewer Sys- tems. The holder hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. The Bonds are issued pursuant to an ordinance passed by the City Council of the City on August 20, 1962, to which ordinance reference is hereby made for a more specific descrip- tion of the revenues charged with and pledged to the payment of the principal of and interest on the Bonds, and for a statement of the nature and extent of such security, of the rights of the bearers of the Bonds and of the annexed interest coupons with respect to such security, and of the agreements of the City with respect thereto, and for a statement of the conditions upon which obligations on a parity with this Bond may be issued. The Bonds of this issue, together with the revenue bonds previously issued, are secured equally and ratably by a pledge of the net revenues of such Systems. The Bonds payable subsequent to March 1, 1973, shall be re- deemable prior to their respective maturities, at the option of the City, on March 1, 1973, or on March 1 of any year subsequent to 1973, 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 bear- ing the highest identifying numbers; (2) the redemption price shall be par and accrued interest to date of redemption, plus a premium for each Bond redeemed, of the following respective amounts in the following respective years: 1973, $25.00; 1974, $22.50; 1975, $20.00; 1976, $17.50; 1977, $15.00; 1978, $12.50; 1979, $10.00; 1980, $7.50; 1981, $5.00; 1982, $2.50; and with- out premium if redeemed after 1982; 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 news- paper printed in the English language and published and of gen- eral circulation in the City of Fort Worth, in the State of Texas, and must be published at least once in a financial journal published in the Borough of Manhattan, in the City and State of New York. Each successive holder of this Bond, and each successive holder of each of the coupons hereto attached, is conclusively presumed to forego and renounce his equities in favor of subse- quent holders for value without notice, and to agree that this Bond and each of the coupons hereto attached may be negotiated by delivery by any person having possession thereof, howsoever such possession may have been acquired, and that any holder who shall have taken this Bond or any of the coupons from any person for value and without notice thereby has acquired absolute title thereto, free from any defenses enforceable against any prior holder and free from all equities and claims of ownership of any such prior holder. This Bond is issued pursuant to the Constitution and statutes of the State of Texas, including particularly Articles 1111 to 1118, inclusive, of the 1925 Revised Civil Statutes of Texas, as amended, and Chapter 250, Acts 51st Legislature (1949) , as amended, and pursuant to propositions adopted by a majority of the resident, qualified electors of the City owning taxable property in the City, and who had duly rendered the same for taxation, voting at an election held for that purpose on Jan- uary 31, 1956, and pursuant to the above mentioned ordinance. All acts, conditions and things required by the Constitution or statutes of the State of Texas to exist, be performed or happen precedent to or in the issuance of this Bond exist, have been performed and have happened, and the amount of this Bond, together with all other indebtedness of the City, does not ex- ceed any limit prescribed by the Constitution or statutes of said State. IN WITNESS WHEREOF, this Bond has been signed by the imprinted or lithographed facsimile signature of the Mayor of said City, countersigned by the manual signature of the City Secretary, and approved as to form and legality by the imprinted or litho- graphed facsimile signature of the City Attorney, and the inter- est coupons attached hereto have been signed by the imprinted or lithographed facsimile signatures of the Mayor and City Sec- retary, and the official seal of said City has been duly im- pressed, or printed, or lithographed on this Bond, which Bond is dated September 1, 1962. CITY OF FORT WORTH, TEXAS ATTEST: BY Mayor City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney (Form of coupons representing interest payable on or before March 1, 1973) The City of Fort Worth, Texas, will pay to bearer, solely from those certain revenues Ceferred to in the On the Bond hereinafter mentioned, at the principal office of first day of the Manufacturers Hanover Trust Company, in the City of March, 19 _ Sept., New York, New York, the sum of NO. - $ Dollars ($ ), being interest then due on its SERIES 90 water and Sewer Revenue Bond, Series 90, dated September BOND NO. 1, 1962. The holder hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. Mayor ATTEST: City Secretary (Form of coupons representing interest payable subsequent to March 1, 1973 Unless the Bond hereinafter mentioned shall have been called for previous redemption and payment there- of made or duly provided for, the City of Fort Worth, Texas, will pay to bearer, solely from those certain On the first day of revenues referred to in the Bond hereinafter men- March, 19 _ tioned, at the principal office of the Manufacturers Sept., Hanover Trust Company, in the City of New York, New NO. - $ York, the sum of Dollars SERIES 90 ($ ), being interest then due on its Water BOND NO. and Sewer Revenue Bond, Series 90, dated September 1, 1962. The holder hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. Mayor ATTEST: City Secretary (Form of Comptroller's Certificate) 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 examined 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 bind- ing special obligation of said City of Fort Worth, Texas, pay- able from the revenues pledged to its payment by and in the ordi- nance authorizing same, 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 (Form of City Attorney's Certificate) The within bond is hereby approved as to form and legality. City Attorney