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HomeMy WebLinkAboutOrdinance 6919 �t�tjt �lY�i�t�t'lYtl'Ytt�t� irgt1mal Airport (ruttrurrrttt 1.4mb COr itattrr Authorizing the Issuance of DALLAS-FORT WORT11 REGIONAL AIRPOUrl' JOINT REVENUE BONDS Series 1973—$18.150.000 Passed by The (pity Councils of THE CITY OF DALLAS, TEXAS and THE CITY OF FORT WORTH, TEXAS Dated October 1, 1973 ( I'Il (►I' I► �I.I. �� I►Itl1i\ 1\1 I•: I'll (►{ I'OIt'I1%(►ICl,II (1ltl►I.\ \( 'F: \(►. 11!11!) .�II ol'4ln 1:1114'4' 11;1', .4'(1 , ,it Irl 11'1'4.111 111(• ( It` ( •011114'11` Y,' f14'('I 11:111:1 : :Iit,l Fort kVio-1;1, :)IitII-oI;.IrI;', the 1,,,11;11144 „f 11:111:1.- f'o,.t W( 1-tI1 1'( gIun:11 :lirport .101111 Itcv4•nlc lionf., ti1•1.14 I:1",'::, III th,' :1;',J;1'( 1 t 4 t of X1H,1.111,111111, 11"IIIJ, Ills cr'I".t :It 1114• I;It, f,4•rltl4'1I, 14,1" t i w f1t 1 r))4 f);I rt t I I (' )sI Uf ro11slI'l101Ili,, c(Ilnppinl :n II ofh41-%cl .4' IitI I-, Ill•; tiit jointl} owtI 11.111:1; {••(,rt Wntth Itct.loIi I .lIrporl 41f t 114 l it 14 p1-,JvIdIIIg for the 1'Orlrl of ;;1141 1,4,4141 and t,II coupon: :1111)4'I.1:l Irl 1111'; thc1.4't,,; :1%C:t 0-111111 t114' }1:114' of• ,114.11 110 II Is t(, t.III' f1 U 0-4.11:15(•III14•r('of; :LIIt fIU l' 1 Z I1J'. the 11;11:1s F'(11-1 W4)rl11 16c1,ionII .\i1-1)r)rt Bo;I to lel iv4•r suid 11(,lids as lit,rein 11 ,.(•4.14'41: 1) ) IliIIgr that ::11111 honk :1 re nn ;t f):u•i1y with th4' o11t.st:lnling I)all:ls-Fort WOrtII IteJ-!lI)II:I 11•1 io1•1 .I4 1111t R4'v4•IIne Bond; II ,1-(-IOf(,1.4• Is;ll(•(d and ';4,141; :1414,pti11;4 lit'r'tllit'IIt provisions of and sllppli-meriting the 1968 ltf, iorial Air•por•t ('onm-l-ent Bond Ordinance :Ind the Supplenlent:ll Regional :\mpor•t ('„nc11r•r(•10 !lonrl Ordinlncs which authorized the issuan'e ol• said o11lsl:u141ilig honk; glrovidin;4 for tI,(• deposit of the proceeds of t.hr' Sci-ws 1117:: lionds into certain furls of, the .Joint. .\11-port Fund Under• and subject. to Olt• cold rol of said liwi 0-•d; and (lirccl Ing t hal due ohser•v tike of t ho cov(•nunt.s herein con- t:linc(I he rll:ule F)y the Iio:11.41; pr'ovidirig a method of amorldirig thi.; or(Iin:tnce; 1)r•ovidin;. fol sevcrahilily; ordaininj- other nutlters incident ;1n) r•clatilig to the suhjec•t and pu►'pnse hereof: :1111 declaring :1n enler>;ency. Wil EIZEAS, pllr•su:lnt to ;tpplicahlc I:tws and a certain contract trid ai.r•ee►nent, dated .lpril 15, 1968 (the "Contract and Agr•e(-rnent"), the City ('omwils, respectively, of the Pities of 11:tllas and Dort Worth, by an ordinance passed concllr•rently on Nove.nbe►• 11, 11168, and November 12, 1968, authorized the issuance of and sold their Dallas-Fort �Vor•lh Regional Airport .Joint Revenue Bonds, Series 11)(18, and by ordinances passed concrlr•renlly on April 11, 1!170, Novernher• 2, 1970, February 10, 1971, Augrust 2a, 15)71 and March 6, 11172, authorized the issuance of' and sold their- Dallas-Fort Worth Regional :1ir•por•t .Joint Revenue Bonds, Series 197(1, Series 1970A, Series 1`)71, Series 1971A, and ~cries 1972, respectively, aggregating $422,000,00(1 (herein collectively defined as the ••OIitstanfirig Bonds"), for. the purpose of paying; in I)art, the costs of the Dallas-Fort «•ort» Iteg;•ional Airport; and WHEREAS, in accordance with the Contract and Agreement said City Councils have been requested by the Dallas-Fort Worth Regional Airport Board to issue additional joint revenue bonds for' such purpose; and WHEREAS, in recognition of their ohligation in said ordinance, said City Councils propose to continue with the financing; of the Regional Airport through the issuance of* additional joint revenue bonds as contemplated by the Contract and Agreement and in accordance with the said ordinance and applicable laws, including,. Articles 1269j-5, 1269j- 5.1, 1269j-5.2, 46d and 7]7k-'-', Texas Revised Civil Statutes, as amended; and WHEREAS, said ordinances authorizing; the Outstanding; Bonds permit the issuance of the bonds herein authorized as parity bonds with the Outstanding, Bonds; and %VIII•:REIA S, it is decnled by slid ('ity ('oIIIIc]Is 1„ I de ir:ll,lr, al,l,ropri;ue ;u1 l n, c r: s;II.�. 10 issue :Iddltimml lwg(Itlahk. n-vell1w bonds f(it' the lRll'l,utie „I pi--)Vining ;ld,1111(,ll;ll funds for• plying in p:n't the costs of the ltc•yi„n;ll Airport ; ;Inti WIIF,I'll ti, it is :IIs„ Ierllle1l desir:lble and nccess;Iry hy id ( 'itv ('onncils 111;11 appropriate pr•ovisiorl be made, tln•ough nl:lnd:ltory redo.IIIp w I I provisions :•rid rc•scrvc•s therefor, which will assure that, in the event final set ticnlerlt of• ohlivat.ions relaying t„ construction and developnlcrlt of the Regional Airport r'eslllts ill :r surplus over Cllr :unount actually need( to 1), y the costs thereof, :l like :uuolult of bonds will he paid, retired and canceled, thus further assuri rig that only such :uilollnt of homis as will ho, essential and necessary to pay the costs of• the Regional Airport will he olltstandiri ; and WHEREAS, the City Councils have each found and determined as to each that the matters to which this Ordinance relates are matters of imperative public need and nec•es city in the protection c,f the health, safety and morals of the citizens of each of the ('ities and, as such, that. this Ordinance e is :Ill cnlergency measure and shall he effective as to each City respectively upon its adoption by its City Council, and the meeting's were open to the public as required by law; and that, public notices of the tinge, place, and purpose of ,aid meetings were given as required by Article 6252-17, V.A.C.S., as arncnded. NOW, THEREFORE, BE IT ORDAINED I3Y THE CITY COUNCIL OF THE CITY OF DALLAS, TEXAS: NOW, THEREFORE, 13E IT ORDAINED I3Y THE CITY COUNCIL OF THE CI'T'Y OF FORT WORTH, TEXAS: ARTICLE 1 TITLE, VREAMRIAF S AND RATIFICATION Section 1.1. SHORT TITLE. This Ordinance may be cited by the short title, "Sixth Supplemental Regional Airport Concurrent Bond Ordinance." Section 1.2. ADOPTION OF PREAMBLES. All of the declarations and finding,Ts con- tained in the preambles of this Ordinance are made a part hereof and shall be fully effective as a part of the ordained subject matter os this Ordinance. Section 1.3. RATIFICATION. All action heretofore taken (not inconsistent with the provisions hereof) by the Cities, by the Board and by the employees and officers of each directed toward the Regional Airport and the issuance of the bonds herein authorized for that purpose is hereby ratified, approved and confirmed. ARTICLE 11 DEFINITIONS AND CONSTRUCTION Section 2.1. ADOPTION OF DEFINITIONS. The definitions set forth in Article II of the 1968 Regional Airport Concurrent Bond Ordinance passed, respectively, by the Cities of Dallas and Fort Worth on November 11 and November 12, 1968, are made a part hereof and shall be as fully effective as part of the subject matter of this Ordinance as if repeated in full herein. Section 2.2. ADDITIONAL DEFINITIONS. In addition to the definitions set forth in the said 1968 Regional Airport Concurrent Bond Ordinance, the terms (refined in this Section for all purposes of this Ordinance and of any ordinance amendatory hereof, supplemental or relating hereto, and of any instruments or documents appertaining hereto, except where the context by clear implication shall otherwise require, shall have the respective meanings herein specified as follows, to-wit: 2 1966 01:111 N:\NCE" <h;111 nl( ;111 ;uul n4cr to I lic 1!+(;,s RcL�i )n;11 .\irp .l C(mcin 1•.,111 HOI I Ordl111111c(' 11:1 ri'i1 h\ 'he COY Cmlllcil� (d illy CH1('�, rosp(.01%'('I\', (m Novem bel' 11. 1966 :irnl Nm cnlhcl- 12, 1:1t;;:, "1;+71) O1il)iNaN('I:' sh;lll mo;in :Ind rcfcr to th( H'ir t Sullplrnlrnt:ll lil ) illll:ll :fir port l'onclll•rcnt Bond Ordillmlcc p:lsscd hY lho l'itY Cmll oils of the l'it ies oil shall llwml :I11d r(4er t( thr Sccmld Slipploluelll:ll ii(') ioll:ll Airport Concurrent bond (11r(iinancr passrd by the Cit.\ l'ou11cils of the Cities oil Novenlher 2, 15+71). .'1:171 ORI)1NANCE'• .hall mean :111(1 r'efcr to the Third Sullplemewai ltc�Ion.d Ali- port Concurrent Bond Onfinance passed by the City Councils of the Cities on Febris ary 10, 1971. "1971A ORDINANCE- shall mean and refor to the IFourth Supplenlelltal lZogion:ll Airport Concurrent Bond Ordinance passed by the City Councils of the Cities oil .august 23, 15171. ..1972 ORDINANCE" shall mean and refer to the }Fifth Supplemen,al Regional Air port Concurrent Bond Ordinance passed by the City Councils of the Cities on Jlarch 6, 1972. "OJ'TSTANDING RON1)S" hall mean that issue of, Drnllas-Fort Worth Regional Airport Joint Revenue Bonds, Series 1968, authorized by the 1968 Ordinance, the Dallas-Fort Worth Regional .airport Joint Revenue Bonds, Series 1970, authorized by the 1970 Ordinance, the Dallas-Fort Worth Regional Airport Joint Revenue Bonds, Series 1970A, authorized by the 1970A Ordinance, the Dallas-Fort Worth Regional Airport Joint Revenue Bonds, Series 1971, authorized by the 1971 Ordinance, the Dallas-Fort Worth Regional Airport Joint Revenue Bonds, Series 1971A, authorized by the 1971A Ordinance, and the Dallas-Fort Worth Regional Airport Joint Revenue Bonds, Series 1972, authorized by the 1972 Ordinance. "PAYING AGENT" oi• "PAYING AGENTS" shall mean with respect to the Series 1973 Bonds, Mercantile National Bank at Dallas, Dallas, Texas, The First National Bank of Fort Worth, Fort Worth, Texas, and First National Bank of Commerce, New Orleans, Louisiana. "REFUNDING BONDS" shall mean any refunding bonds issued pursuant to Sec- tion 8.6 of the 1968 Ordinance for the purpose of refunding any Bonds outstanding. "SERIES 1970 BONDS" shall mean the Dallas-Fort Worth Regional Airport Joint Revenue Bonds, Series 1970, authorized by the 1970 Ordinance. "SERIES 1970A BONDS" shall mean the Dallas-Fort Worth Regional Airport Joint Revenue Bonds, Series 1970A, authorized by the 1970A Ordinance. "SERIES 1971 BONDS" shall mean the Dallas-Fort Worth Regional Airport Joint Revenue Bonds, Series 1971, authorized by the 1971 Ordinance. "SERIES 1971A BONDS" shall mean the Dallas-Fort Worth Regional Airport Joint Revenue Bonds, Series 1971A, authorized by the 1971A Ordinance. "SERIES 1972 BONDS" shall mean the Dallas-Fort Worth Regional Airport Joint Revenue Bonds, Series 1972, authorized by the 1972 Ordinance. "SERIES 1973 BONDS" shall mean the Dallas-Fort Worth Regional Airport Joint Revenue Bonds, Series 1973, herein authorized to be issued and sold. "SERIES 1973 BONDS MANDATORY REDEMPTION RESERVE FUND" shall mean the fund by that name created in Section 5.5 of this Ordinance. 3 �li'I'll'1.1? III tih;ltll';� )973 Bo)' ticctiou :;.1. .I( '7'111)10%.1 ! 111.\, ti„ ;ts t., prolecl 11e 11111111( I(et :Intl in I)1'ollloll' :llld :ld\:lilt'(' tit(' L.',('ll('1':li \t•It:11't• ttt Illy (.Itizells III II:Ill:ls :trill 1'1,11 1101'111 ;Intl the North ('cwt-al 1 e\:1� li,'>;I,tl1, It Ir 11('1'('6\ (lt't•I;1n'tl 1 {i;tl I lit' ( 'Il lcl< Irnllt' 1ilt- I aIIits Fo rt 11'(,1.111 tteg14 1;I I .\II'110 r1 .101 111 It' ('alit' B In I ls, tit'! it > I'.)',:; the n-III tlt'ti nt 41 :I 1111' St•rle, I:li:i B(,1l(Is"). I't,I- Illi' !,III-I)oNt' of l);1\'1fig III I);I rt lilt- 1 ( It lcs hereby :lilt bot'I Rt' ;111(1 Ill i't', l Ills' ISSIE lt't' (,1 111(' tit'I'Itlit it It fI11 tllt' III-III(-II)al artlolltlt of $1S I.,I1,111111, I):I�':161e 6,,111 ,I� 10 I)r'l/tt'11U11 ;Illd itltt'r('St K4)I1.1\' alit I,I tI e rev'entles deso.I-iI '(I, IIt'tiII,•ti :Inti I)II Igo d II I-(,III. Tilt tierics 1'+ :: 1;1irI(l. :t r1' issI11'd at4 o'onlpl( t for) Bollds I)uI'S u:Ilit to ;III(I ;t, I)ernliI ('(I hY t he I9GS ()rdlll:lHCC. Sect ion :1.2. 1).1'1'1', I)1:.\'l 01/N.I'1'll N .I NO .11:1'1'( '1 1'11 l''.ti. The St-ncs 19 7:; HWII I, shall he dated Oc•tohcr 1, 1:17::, sh;lll 6e ill 011• denolnitlilhim of ,t,lulll each, :hall c011sist of ;;,1;:;1) bond, numbered 111 (llrcct nlnucricai order frolu I t hrnugh ::,1:::11 ;uld shall neat(In, :1nd hecimw duc ;uu1 p;ly:lblc -oil Nov'cmher 1, 21102. Section :;.a. I.\"1'h:Il"I"S ' ILITVS, P-kYl.\'(; :1(;11',\"/'.ti. �. I,al'h of the Series 1117:; Bonds shall hear interest from their chat to their nuttll city or. earlie►• r•edenlption at the following rates iter• annual, to-vv'iI: October 1, 197:)' to Miry 1, 19-14........................................... ............1;.1)1)1/1: May 1, 1971 to November I, 19-oI........................................... ............6.251'(: Novemb(tr 1, 19-4.1 1u Ma I, 1975........................................................1;.:1()1%; May 1, 1475 to . 'o\eIII het' 1, 1475........................................................1i.751If, NoverllbeI- 1, 1975 and there:tfter ........................................................700'/. tiuch interest to he evidenced by coupons payable on May 1, 19-11, and semi-altlit ally thereafter on each November 1 aril Mav 1. B. Both the principal and interest of' the Series 1973 Bond, shall be payable to hearer in laWful money of the United States of America without deduction for exchange or collection charges at the principal office of the Mercantile National B=ulk at Dallas. Dallas, Texas, o►•, at the option of the holder, at The First. National Bank o1' Fort Worth, Fort Worth, Texas, or' at the P'irst National Bank of Commerce, New Orleans, 1.0111Slana. Section 3.4. PRIOR IxKI)EA7C'TION. A. The Series 1973 Bonds may be redeemed, at the option of the Cities, prior to stated maturity in whole, or in part in inverse numerical order, on the first (lay of any month on or after May 1, 1974, from any moneys for a redemption price equal to the principal amount thereof plus accrued interest to the date fixed for redemption, without premium, and shall be redeemed prior to stated maturity (1) in whole, or in part in increments of no less than x;25,000.00 by lot on the first day of any month on or after- May 1, 1974, to the extent there were moneys in the Series 147:; Bonds Mandatory Redemption Reserve Fund o►1 the 15th (lay of the preceding month, at the principal amount thereof and accrued interest to date of redemption, without premium, and (2) in part by lot on November 1, 1979, and on each November l thereafter from moneys on deposit in the Interest and Sinking Fund in annual amounts equal to the amounts re- quired to be deposited to the credit of the Interest and Sinking Fund, at the principal atTlount thereof and accrued interest to date of redemption, without premium. B. At least thirty (30) days before the date fixed for any such redemption, the Board, acting on behalf of the Cities, shall cause a written notice of such redemption to be published at least once in a newspaper, and a financial publication published in the City 4 New York, New York. By -hc date axed for any such redemption, due provision shall i,e made with the Paying Agents for the payment of the principal amount of the bonds to be so redeemed and accrue,] interest thereon to -,he date fixed for redemption, without premium. If the written notice of redemption is published, and if due provision for pay- ment is made, all as provided Pbove, the bonds, which are to be so redeemed, thereby automatically shall be redeeyiw4 prior to maturity, and they shall not bear interest after the date fixed for redemption, and shall not be regarded as being outstanding except for the purpose of receiving the funds so provided for such payment. Section 3.5. FORMS. The 1,orm of the Series 1973 Bonds, including the form of Reg- istration Certificate of the Comptroller of Public Accounts of the State of Texas to be printed and endorsed on each bond, and the form of the interest coupons to be attached thereto, shall be respectively substantially as follows, to-wit: (FORM OF THE SERIES 1973 BONDS) UNITED STATES OF AMERICA STATE OF TEXAS COUNTIES OF DALLAS AND TARRANT DALLAS-FORT WORTH REGIONAL AIRPORT JOINT REVENUE BOND SERIES 1973 NO. $5,000 On the 1st day of November, 2002, the Cities of Dallas and Fort Worth (herein collectively called the "Cities"), municipal corporations duly incorporated under the laws of the State of Texas, for value received, hereby jointly promise to pay to bearer solely from the revenues and funds described herein, the principal sum of FIVE THOUSAND DOLLARS and to pay interest thereon from the date hereof to the maturity or earlier redemption of this bond at the following rates per annum, to-wit: October 1, 1973 to May 1, 1974........................................................6.00%; May 1, 1974 to November 1, 1974........................................................6.25%n; November 1, 1974 to May 1, 1975........................................................6.50%; May 1, 1975 to November 1, 1975........................................................6.75%; November 1, 1975 and thereafter ........................................................7.00% Said interest is evidenced by coupons initially attached hereto payable May 1, 1974, and semi-annually thereafter on each November 1 and May 1. Both principal and interest shall be payable :n lawful money of the United States of America upon surrender of this bond or the proper coupons, as they severally become due at Mercantile National Bank at Dallas, Dallas, Texas, The First National Bank of Fort Worth, Fort Worth, Texas, and First National Bank of Commerce, New Orleans, Louisiana, without exchange or collec- tion charges to the bearer thereof. The bonds of this series including this bond, may be redeemed, at the option of the Cities, prior to stated maturity in whole, or in part in inverse numerical order, on the first day of any month on or after May 1, 1974, from any moneys for a redemption price equal to the principal amount thereof plus accrued interest to the date fixed for redemp- tion, vrithout premium, and shall be redeemed prior to stated maturity (1) in whole, or in part in increments of no less than $25,000.00 by lot on the first day of any month on or 5 affer May I, 11174, fu flu• extent there were r►tt,neys ill Hw ti1•1-1e4 I:r'i:; I3o114L N1;&144L•41or} r It'eden►pt it)rt IV'eser•ve 1-'k I I it I on t he I l,t h day of 1114. prere4h►►} 111,1,1111, at 1114. I,r'1114.11)'d attuour►t thereof ;tut) acerered inl4 rest 14, date of, redenlptiorl, without pr4.1111uru, :&1141 i::r 114 part by lot on Noveruher I, 1:17:► mid 4011 e:u•h N(.vvmber I thereal'l,er 1'rom mon4•ys 4414 deposit its t he Interest and Sinking l�111141 in arutttal anu,Ilnf s eytu(I f u t h4• ;m1ot1111 „• 41uired to he deposited to the e•redil of the !r►terest. ;11141 siliki ng; 1•'1r►u1, :11 the pri114•►pal amount thereof and acen•ued interest to date of rede11lptiu11, without prt•uutrru. 1 At least thirty (311) days hel'ore Lhe date fixed fur ;Illy such redeull►t.iu11, Oil, 114„1.41, actin}; on lk•half of the l'it.ies, shall cause it writtell notice of such re41e111pLiorl Lu b4• published it It-list once in it newspaper and :t financial publir it.io11 published in I'lle 1'it.,y of New York, New York. By the (late fixed fur ally such rederr►l►tion, due provision shull be made with the l'ayingr Agents 1'401- the payment. of the pr•1114.1pol ;unuuuL of I.he bo11ds Lo be so retleen►ed and accrued interestt.hereor► to the (lilt(• fixed fur rede11114,iou, wit.holrl. 1 premium. if the written notice of redemption is published, :tlkd if' due provision for pity u►ent is made, all as provided above, the bonds, which aIle Lu be so redeemed, 1.114•1-eb,y -tilt umaticatlly shall be redeen►ed print to maturity, and they shall 11ot hear i11Lerest after tile• date fixed for redemption, and shall not be regarded ;is being, ollt.standing; exeepL I'm. the purpose of receiving; the funds :,o provided for such payment. The honds of this issue are issued tinder the laws of the State of 'Texas and as prn•mitted by an ordinance adopted concurrently on November I I and November 12, 1968, respectively, by the City Councils of the Cities of Dallas and Fort. Worth, 'Texas, entitled ••19118 Regional Airport Concurrent blond Ordinance" (the "1968 Ordinanee") and, together with hallus-Wort Worth Regional Airport Joint. Revenue Bonds, Series 1968, dated November 1, 1908, Series 1970 blond:;, dated April 1, 1970, Series 1970A Bonds, (tatted November 1, 1970, Series 1971 }fonds, dated March 1, 1971, Series 1971A Bonds, dated September 1, 1971, curd Series 1972 Bonds, (tatted March 1, 1972, (herein collectively called the "Outstanding blonds"), atre equally and ratably secured fly the revenues herein describe(]. This bund is one of the duly authorized series of bonds, slated and (if like tenor and effect, except as to number, numbered from 1 through 3630 of the denomination of $5,000 eatch, aggregating $18,1:10,000, issued by the Cities for the purpose of paying part of the Posts of the Project, such term contemplating; and relating; to the initial construction phases of the Regional Airport, pursuant to the Sixth Supplemental Regional Airport Concurrent Bond Ordinance adopted by the City Councils of said Cities supplemental to the 19118 Ordinance. For the purpose of providing; for and securing; the payment of the Outstanding Bonds and this issue of bonds, the Cities have jointly pledged thein• respec- tive interests in the "Pledged Revenues" to be derived from the ownership and operation of the Dallas-Fort Worth Regional Airport when the same is constructed and becomes operational, and in certain instances a part of the revenues derived from other airports of the Cities. Such Pledged Revenues and other revenues will be on deposit from time to time in various funds created by the 1968 Ordinance. Pledged Revenues ir. the 1968 Ordinance are defined to be the "Gross Revenues" of said airport when constructed less the amount required to pay the Senior Lien Bonds mentioned next below. The lien on the revenues securing this issue of bonds and the then Outstanding Bonds is subordinate to the lien securing various outstanding and future issues of bonds of the Cities defined in said Ordinance as "Senior Lien Bonds." Reference is made to the 1968 Ordinance for the definition of Gross Revenues and for a description of the revenues and funds charged with and pledged to the payment of the interest on and principal of the then Outstanding Bonds and the Series 1973 Bonds of which this bond is one, the nature and extent of the security thereof, a statement of the rights, duties and obligations of each of the Cities respectively, the rights and remedies of bondholders in the event of default thereunder, and the rights and priorities of the holders of said bonds, to all the provisions of which the holder hereof by the acceptance of this bond assents and agrees. 6 .�N 111'U\ 1111'll In it 1 11I t:t I ll't', tilt' 111111!':1II 11t" to 11:11 I II Ir I, 1. It•,,Ii oft of Pledged I:evennes ;II )ell It, :lull nut r:rvrral, :Inti, :1 (It herwi-t• I,r1)\ Ided theroid, no claim, drnl:lnd, :.1111 ttr .)IJ(i nu•rrt sII III t•ver• he :Issertt d, 1.111en•II (Ir' c(1111•( t1•41 :tgalllsl or frmll one CO, \vit htmt I he (,t her:uul nu Individual 11:11,111t.\ sll:dl ever cxcccd ill t h1' r:tsr of I lial his '/I It hs I,f t he(tit an amount t herrn(, :Inti i11 t lit-c:tsc t,t I•'tlrt \V( rt h '/IIIb,of• I Ile tot:11 anlotult tht•rr(,1" :td, rxce111 :ts in t I w I!H;S O1'din:uu•e tIt hcrwise I,r /vidcd, sn(•11 ,Inll�, shaft be p:ty:thI(•and roll(•(-(it)lr solely fr'onl t Ile funds I►1 which I'1( Ii1;( tl R4 v( Iu( s shall f•ruru t Iille to t Idle be ()11 lot poslt. Thr I96's, Ordinance, :Is sIIpplenleIIty( Irrovith , that, to t hr xterll t h( r(•iII stab (1, the IraIlas-Dort Worth Iteglon:ll Airport B )ard, acting o.l hchalf, of* 1Frr ('it.ies, shall fix and shall from t ime to l inle revise :he rate of colllpen;at iorl I'm. use of and for services rendered by or at the 1)allas-bort Worth Regional Airport. which will he fully sufficient, t.t, produce Pledgvd IZevrnnes adequate to pay the operation and rllaintenarlce expenses thereof plus 1.25 t.ififes the amounts re( aired to be deposited to t,ile credit of the I1)teres 1, and Sinking Ft if (rstaIll isIled by the 1(168 Ordinance) for' t,if(, pay ill rnt of• the principal of and interest on the parity bonds from time to t.inu• outstanding ther'el►nder• as Ow sarne shall bcconle due and payable and to tinlel,y purchase of. redeem such bonds prior to maturity as required therein. It is further provided in said Ordinance that to the extent. Pledged Revenues are not adequate fo►• said purposes and for the additional purpose of properly and adequately maintaining and operating said Airport, the Cities pledge and obligate themselves to levy and collect the ad valorem tax defined therein as the "Main- tenance Tax," and to devote the proceeds thereof to the purpose of operating; and main- taining the said airport in lieu of using; revenues for• said purpose, subject at all times to the limits of said tax provided by law and in said Ordinance. As further- provided in said Ordinance, the obligations of the Cities to levy and collect such tax are several, and not joint, and no action, claim, suit of- demand shall be made against one City for the default of the other, each City's respective obligation being limited to the collection of its propor- tionate amount required from said tax for such purposes, all as specified in said Ordi- nance. Under the terms and conditions provided in the 1968 Ordinance, and in the said supplements thereto, the Cities reserve the right to issue additional Senior Lien Bonds for the purposes therein stated, which said bonds shall be superior as to lien to the then Outstanding Bonds and the bonds of this issue, and reserve the further right to issue additional bonds secured by a lien on a parity with the then Outstanding Bonds and this series of bonds under the conditions set forth in said Ordinance and the supplements thereto. 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. It is hereby certified and recited that all acts and things required by the Constitution and laws of the State of Texas to be done, to exist, and to be performed precedent to and in the issuance of this bond and the issue of which it is one have been done, do exist and have been performed as so required. IN WITNESS WHEREOF, the C'.ty Council (f the City of Dallas, Texas, has caused the facsimile seal of that City to bc- placed hereon and this bond to be signed by the facsimile signature of its Mayor and countersigned by the facsimile signature of its City Auditor; and the City of Fort Worth, Texas, has caused the facsimile seal of that City to be placed hereon and this bond to be signed by the facsimile signature of its Mayor, countersigned by the facsimile signature of its City Secretary, and approved as to form by its City Attorney; and each said City Council has caused the attached coupons to be 7 signed by the facsimile signature of the Mayor and (;itr Auditor of the Cit." o: Texas and the Mayor and City Secretary of the City of Fort Worth, Texas. .......................................... .................................. Mayor, City of Dallas, Texas s COUNTERSIGNED: ................................................. ......................... City Auditor, City of Dallas, Texas ....................................... Mayor, City of Fort Worth Texas COUNTERSIGNED: City Secretary, City of Fort Worth Texas APPROVED AS TO FORM: ............................................................................. City Attorney, City of Fort Worth, Texas 8 `a (1•'111:11 ()V u '(1t114►NI N()............. f;... ............ .. ... (►N TI 1►:\\' (11V unless dur prop isiuu huts peen ntad4• fur the r-edenlpt ion prior (0 111:11 In It�' 4.1' Lb4 114 low numbered bond to which this coupon n1114erlaius, lilt' ('ily of 0,111;ts, Tcxaa;, :trill 1114• ( 'fly of hurt \\urI it. l'exas, .1milll}' 1lrunlise l0 pay to he:l r4 r, bill sol4•ly mil of the ►•4•v4•111141:; Specified and subject to the conditio►ts stated 1u said hood, al Mercaril.11c N:1t.inial l ar& :0 Dallas. Dallas, Texas, The Virst Nal Imial Bank ill' Fowl Wort If, hurt. Worth, Tvx:ls, :lull First Natiurtal Bank of Commerce, New Orle:lrls, Lolrislawt, wit.limil t•xclian 4• o►• cullet tion ch:u•ges to the bearer hereof, the suit► spccili,•d on this cmilmrt, in lawfrll rrtum•y of the 111lited States of :\nu•rica, fur interest then due on the below nu►rlber•ed bond uf• 1.114• issue entitled "Dallas Hort \\'urth NA-gional �\irpurt. .loint. Revenue liomis, Series 1973," dated Octoher I, 1973. The IwIdr►• hereof shall never have t.11c right, Lu dcru:uul pay►ru•rlt, of this Obligation out of any funds raised or to be raised by Laxation. Bund No. ............................................................................. M:lyor', Pity of Dallas, 'I'exas COI'NTERSIGNh;ll: ..... ..... .................... Pity Auditor, Pity of Dallas, 'Texas ............................................................................. Mayor., City of Fort Worth, Texas ('01'NTERSI(;NED: City Secretary. City of Fort Worth, Texas I (FORM OF COMPTROLLER'S CERTIFICATE) OFFICE OF COMPTROLLER: STATE OF TE-V-\S: I hereby certify that this bond has been examined, certified as to validity and ap- proved by the Attorney General of the State of Texas in accordance with his written approving certificate on file in my of ice; and that this bond has been by me this day registered as required by law. Witness my signature and seal this ............................................................................. Comptroller of Public Accounts of the State of Texas (SEAL) 9 ARTICLE IV EXECI- 1ON, APPROVAL. REGISTRATION, SALE AND DELIVERY OF SERIES 1973 HONDS Section 4.1. METHOD OF EXECUTION. Each of the Series 197:3 Bonds shall be signed and executed on behalf of the City of Dallas by the facsimile signature of its Mayor and countersigned by the facsimile signature of its City Auditor, and the corpo- rate seal of that City shall be impressed or printed or lithographed on each bond. Each of the Series 1973 Bonds shall be signed and executed on behalf of the City of Fort Worth by the facsimile signature of its Mayor and countersigned by the facsimile signature of its City Secretary; the same shall be approved as to form by the facsimile signature of the City Attorney of the City, and its corporate seal shall be impressed or printed or lithographed upon each bond. The respective signatures of the Mayor and City Auditor of the City of Dallas and of the Mayor and City Secretary of the City of Fort Worth shall be lithographed or printed upon the coupons attached to the Series 1973 Bonds. All facsimile signatures placed upon the bonds and their coupons shall have the same effect as if manually placed thereon, all as provided in Article 717j, V.A.C.S., as amended. Section 4.2. APPROVAL AND REGISTRATION. The Board is hereby authorized to have control and custody of the Series 1973 Bonds and all necessary records and proceed- ings pertaining thereto pending their delivery, and the Chairman and officers and em- ployees of the Board and of the Cities are hereby authorized and instructed to make such certifications and to execute such instruments as may be necessary to accomplish the delivery of said bonds and to assure the investigation, examination, and approval thereof by the Attorney General of the State of Texas and their registration by the State Comp- troller of Public Accounts. Upon registration of the Series 1973 Bonds, the Comptroller of Public Accounts (or a deputy designated in writing to act for him) shall be requested to sign manually the Comptroller's Registration Certificate prescribed herein to be printed and endorsed on each bond and the seal of the Comptroller shall be impressed or printed or lithographed thereon. The Chairman of the Board shall be further authorized to make such agreements with the purchasers of said bonds as may be necessary to assure that the same will be delivered to such purchasers in accordance with the terms of sale at the earliest practicable date after the adoption of this Ordinance. Section 4.3. SALE OF THE SERIES 1973 BONDS. The Series 1973 Bonds are hereby sold in accordance with law and shall be delivered to Mercantile National Bank at Dallas, Dallas, Texas, Firs National Bank of Commerce, New Orleans, Louisiana, Ameri- can Fletcher National Bank, Indianapolis, Indiana, Maryland Casualty Company, Balti- more, Maryland, Union Life Insurance Company, Little Rock, Arkansas, First National Bank in Dallas, Dallas, Texas, Bankers Trust, Columbia, South Carolina, The American National Bank of Austin, Austin, Texas, City National Bank of Austin, Austin, Texas, Continental National Bank of Fort Worth, Fort Worth, Texas, Texas Commerce Bank, National Association, Houston, Texas, and National Bank of Commerce, Dallas, Texas, for a price of par plus accrued interest from the date of the Series 1973 Bonds to the date of delivery thereof. ARTICLE V DISPOSITION OF BOND PROCEEDS Section 5.1. CUSTODY AND INVESTMENT OF PROCEEDS. All proceeds from the sale of the Series 1973 Bonds shall be withheld from the custody of the Treasurer and shall be deposited and placed in trust with The First National Bank of Fort Worth, Fort Worth, Texas, one of the Paying Agents for the Series 1973 Bonds. Said funds shall be held by said Bank for the benefit of the holders of the Bonds, and the same shall be 10 credited to and held as a part of the respective Funds and Accounts within the Joint Airport Fund as hereinafter directed in this Article V. Pending the use of said proceeds for the respective purposes prescribed therefor, the same shall be invested from time to time in investment securities as may be directed by the Board; provided, however, that no such investment shall be made which is inconsistent with the requirements of Section 7.1 hereof. To the extent this Section is inconsistent with the Contract and Agreement, then the Contract and Agreement is hereby amended to accommodate the requirements of this Section. Section 5.2. A. INTEREST DURING CONSTRUCTION. It is hereby found and de- termined that the estimated period of construction of the Project, that is to say the period prior to which the Airport is expected to become revenue producing is thir- teen (13) months from October 1, 1973, and, accordingly, the amount equal to the inter- est to become due on the Series 1973 Bonds during said peri :1 is hereby appropriated from the proceeds of the sale of the Series 1973 Bonds and orde„­d to be deposited to the credit of the Interest and Sinking Fund, to be used, applied and devoted to the purposes specified in the 1968 Ordinance for moneys on deposit in said Fund. B. RESERVE FUND. In accordance with the requirements of the 1968 Ordinance, there is hereby appropriated from the proceeds of the sale of the Series 1973 Bonds and ordered to be deposited into the Reserve Fund, an amount at least equal to the average annual principal (or principal accumulation) and interest requirements on account of the Series 1973 Bonds. Section 5.3. CONSTRUCTION FUND. Except as otherwise provided in Section 5.2., all proceeds derived from the sale of the Series 1973 Bonds shall be deposited promptly upon the receipt thereof to the credit of the Construction Fund and said proceeds shall be used solely for the purpose of defraying a part of the Costs of the Project in accordance with the 1968 Ordinance and shall be accounted for and expended for said purposes at the times, in the order and as provided in Section 5.4. Section 5.4. FINAL ESTIMATE AND PAYMENT OF COSTS OF PROJECT. A. The proceeds of the Series 1973 Bonds deposited to the credit of the Construction Fund, as provided in Section 5.3., hereof, shall be set aside within said Fund in a final project cost account (hereinafter called the "Project Liquidation Account") and shall be held, expended and utilized at the following times and in the following orders of priority, to-wit: (1) All moneys within the Construction Fund from sources other than the Series 1973 Bonds shall be first used, dedicated, appropriated and/or expended prior to the use or appropriation of moneys within the Project Liquidation Account. To that end, on or prior to January 13, 1974 the Director of Finance of the Board shall prepare an accounting of all liquidated and estimated obligations of the Board proper'y char- geable thereto as Costs of the Project, and the amount thereof shall be deemed appropriated to and shall be expended for the purpose of paying such obligations. (2) All moneys allocated to the credit of the Project Liquidation Account shall be used, dedicated and appropriated as needed for the purposes of paying the Costs of the Project in excess, if any, of the amounts available from other sources, as deter- mined in accordance with paragraph (1), next above. On or prior to April 1, 1974, the Director of Finance, on the basis of all reasonable evidence and data available at the time, shall make a final estimate of the Costs of the Project which have not theretofore been paid or provision made therefor under paragraph (1), next above, and under this para,;raph (2) any amounts crec'•ited to the Project Liquidation Ac- count necessary to pay fully the sums contemplated in said estimate shall be set aside and deemed appropriated to and shall be expended for the purpose of paying such obligations when and as due and payable. Any unappropriated balance at the 11 time remaining credited to the Project Liquidation Account shall be deposited to the credit of the Series 1973 Bonds Mandatory Redemption Reserve Fund and shall be used for the purposes specified herein for moneys on deposit therein. From time to time thereafter, as previously estimated costs are liquidated and fully settled or paid, should surplus moneys become available in the Project Liquidation Account, then the amounts of such surplus shall also be transferred to the Series 1973 Bonds Mandatory Redemption Reserve Fund. (3) Interest earned on the amounts deposited to the Interest and Sinking Fund pursuant to Section 5.2A, hereof, shall, upon transfer thereof to the Construction Fund during construction of the Project be credited to the Project Liquidation Ac- count. B. In the event the moneys on deposit :n the Construction Fund from all sources, including the proceeds of the Series 1973 Bonds, shall b 'nsufficient to pay in full all Costs of the Project, the Cities expressly reserve and )ntinue to reserve the right, power and authority to issue Completion Bonds therefor under the 1968 Regional Airport Concurrent Bond Ordinance. Section 5.5. SERIES 1973 BONDS MANDATORY REDEMPTION RESERVE FUND. The Cities hereby create and order that the Board establish within the Capital Improve- ments Fund, a special reserve fund herein designated as and called the "Series 1973 Bonds Mandatory Redemption Reserve Fund." Moneys shall be deposited into said Fund only from the source and under the circumstances prescribed in Section 5.4, hereof, and the same shall be-used for the purposes specified in this Section 5.5, as follows: A. Moneys on deposit in the Series 1973 Bonds Mandatory Redemption Reserve Fund shall be used for the purpose of redeeming Series 1973 Bonds prior to stated maturity at the times and in accordance with the requirements of subsection A of Section 3.4 hereof, and said moneys, if any, shall be held in said Fund solely for such purpose. B. The Series 1973 Bonds Mandatory Redemption Reserve Fund may be ,closed by duly adopted order of the Board upon the occasion of the earlier to occur of (1) the redemption prior to maturity of all of the Series 1973 Bonds, or (2) the determination by the Director of Finance that said Fund has on deposit therein less than $5,000 (after calling bonds for redemption prior to stated maturity in amounts sufficient to reduce the balance therein to such amount) and that under no reasonable circumstances will addi- tional moneys be deposited therein, which such determination shall be conclusive as against all parties, including the holders of Series 1973 Bonds. C. Upon closing the Series 1973 Bonds Mandatory Redemption Reserve Fund, all moneys then remaining on deposit in said Fund shall remain in the Capital Improve- ments Fund. D. Any earnings on investments of moneys in the Series 1973 Bonds Mandatory Redemption Reserve Fund shall remain in said Fund and be used for the purposes other- wise required. ARTICLE VI ADOPTION OF PROVISIONS OF 1968, 1970, 1970A, 1971, 1971 A, AND 1972 ORDINANCES, PLEDGE, INTEREST AND SINKING FUND Section 6.1. ADOPTION. The Series 1973 Bonds authorized hereby are parity "Com- pletion Bonds" as the term is defined and as permitted to be issued in the 1968 Ordinance, and in addition to the definitions set forth in Article II of the 1968 Ordinance heretofore adopted, for purposes of this Ordinance Section 2.2 of Article II, and Articles V through 12 7 XI, both inclusive, of the 1968 Ordinance and Sections 7.2 and 7.3 of the 1970 Ordinance are hereby adopted by reference and shall be applic•al:le to the Series 1973 Bonds for all purposes, except to the ext►•nt hereinafter specifically modified or supplemented. Both the Outstanding Bonds and the 197:3 Bands shall be on a parity in all respects. Section 6.2. PLEDGE.The principal of and the interest on the Series 1973 Bonds and the Outstanding Bonds are and shall be secured by and payable from a first lien on and pledge of the Pledged Revenues and the funds in which they shall from time to time be on deposit. In addition to the Pledged Revenues the Series 1973 Bonds and the Out- standing Bonds are and shall be further secured by and payable from the "Transitional Pledge" as made and described in Section 6.3 of the 1968 Ordinance. Such revenues are hereby irrevocably pledged to the payment of the Outstanding Bonds, the Series 1973 Bonds, any other Completion Bonds and Additional Parity Bomds hereafter issued in accordance with the terms of the 1968 Ordinance until all o the Outstanding Bonds, the 10 Completion Bonds, including the Series 1973 Bonds, and any Additional Parity Bonds are retired. Section 6.3. INTEREST AND SINKING FUND. In addition to all other amounts required by the 1968 Ordinance, the 1970 Ordinance, the 1970A Ordinance, the 1971 Ordi- nance, the 1971A Ordinance and the 1972 Ordinance, so long as any of the Series 1973 Bonds remain outstanding and unpaid the Board shall transfer on or before the 1st day of each month, from the Operating Revenue and Expense Fund to the Interest and Sinking Fund, after taking into account unexpended investment earnings on deposit in the Interest and Sinking Fund, (1) beginning on October 1, 1974, an amount necessary to provide 'Ath of the amount of interest to become due on the Series 1973 Bonds on the next succeeding interest payment date thereof, provided, however, that no transfers shall be re- quired on such dates to the extent money has been provided from future issues of Completion Bonds to pay the interest then becoming due on the Series 1973 Bonds; (2) beginning on October 1 1978 and on the 1st da of each month thereafter � g � � Y through September 1, 2002, for each twelve month period ending on September 30, '/12th of the amounts indicated as follows: 1979.......................................................................................................$ 315,000 1980....................................................................................................... 335,000 1981....................................................................................................... 3 60,000 1982....................................................................................................... 380,000 1983....................................................................................................... 405,000 1984....................................................................................................... 430,000 1985....................................................................................................... 455,000 1986....................................................................................................... 485,000 1987....................................................................................................... 115,000 1988........................ .................................................. 550,000 i1989....................................................................................................... 580,000 1990....................................................................................................... 620,000 1991....................................................................................................... 655,000 1992............:.......................................................................................... 700,000 1993....................................................................................................... 740,000 1994......................................................................................... . . ......... -1-90,000 1995....................................................................................................... 835,000 1996....................................................................................................... 890,000 1997....................................................................................................... 945,000 1998....................................................................................................... 1,005,000 1999....................................................................................................... 1,065,000 13 2000....................................................................................................... 1,135,000 2001 ....................................................................................................... 1,205,000 2002....................................................................................................... 2,755,000 The sinking fund payments required by this sub-paragraph (2) may be used to pur- chase Series 1973 Bonds as permitted in Section 7.4 of the 1968 Ordinance, and to the extent not so used shall be used to then redeem the Series 1973 Bonds on November 1, 1979, and on each November 1, thereafter at the principal amount thereof and accrued interest to date of redemption without premium. If it shall be determined that the annual transfers to the Interest and Sinking Fund required b% this sub-paragraph (2) will produce a si eplus in the Interest and Sinking Fund at maturity of the Series 1973 Bonds, the annual sinking fund payments required by this sub-paragraph (2) on account of tho Series 1973 Bonds may be reduced in ap- proximately equal amounts. Section 6.4. The Director of Finan,_- shall make transfers of funds on deposit in the Interest and Sinking Fund for payment of the principal of and Interest on the Series 1973 Bonds to Mercantile National Bank at. Dallas, Dallas, Texas, on behalf of the Pay- ing Agents at least five (5) days prior to the due dates and redemption dates. ARTICLE VII MISCELLANEOUS COVENANTS AND PROVISIONS Section 7.1. USE OF BOND PROCEEDS. That the Board covenants to and with the purchasers of the bonds that it will make no use of the proceeds of the bonds at any time throughout the term of this issue of bonds which, if such use had been reasonably ex- pected on the date of delivery of the bonds to and payment for the bonds by the purcha- sers, would have caused the bonds to be arbitrage bonds within the meaning of Section 103(d) of the Internal Revenue Code of 1954, as amended, or any regulations or rulings pertaining thereto; and by this covenant the Board is obligated to comply with the requirements of the aforesaid Section 103(d) and all applicable and pertinent Department of the Treasury regulations relating to arbitrage bonds. The Board further covenants that the proceeds of the bonds will not otherwise be used directly or indirectly so as to cause all or any part of the bonds to be or become arbitrage bonds within the meaning of the aforesaid Section 103(d), or any regulations or rulings pertaining thereto. Section 7.2. OBSERVANCE OF COVENANTS.The Board, the officers, employees and agents are hereby directed to observe, comply with and carry out the terms and provi- sions of this Ordinance. ARTICLE VIII AMENDMENTS TO ORDINANCE This Ordinance may be amended by concurrent ordinances adopted by the City Coun- cils, in the same manner as provided in the 1968 Ordinance for the amendment of the 1968 Ordinance. 14 F AE{TI('I.E; I\ SE%'E•:ItA13ILITl', 1WPE?A1, AND CtWX'1'ERPARTS Section 9.1. ORDINANt'1'. IRREPEALABLE. After any of the Series 197:$ Bonds shall he issued, this Ordinance shall eonstitule a contract between the Cities and the Holder or Holders of the Fonds from time to time outstanding, and this Ordinance shall be and remain irrepealable until the Ronds and the interest thereon shall be fully paid, cancelled, refunded, or discharged or provision for the payment thereof ,hall be made by depositing money in trust with the Paying Agents or another National Ranking Associa- tion equal in amount to the aggregate principal amount of Bonds outstanding; plus inter- est and any applicable premium to their earliest redemption date, or, if none, to their maturity. Section 9.2. SEVERARILITY. If any Section, paragraph, clause or provision of this Ordinance'khall for any reason be held to he invalid or unenforceable, the invalidity or : unenforceability of such Section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. If any Section, paragraph, clause or provi- sion of the Contract and Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such Section, paragraph, clause• or provision shall not affect any of the remaining provisions of the Contract and Agree- ment, or of any other provisions of this Ordinance not dependent directly for effec- tiveness upon the provision of the Contract and Agreement thus declared to be invalid and unenforceable. Section 9.3. REPEALER. All orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent of any such inconsistency. Section 9.4. COUNTERPARTS.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 OCTOBER 1, 1973. -�c....................... Mayor, City of Dallas, Texas (SEAL) ATTEST: ......... . ...... ity Secretary, City of Dallas, Texas 15 APPROVED AS TO FORM: *...""...........................*"*...*........ ......*.......... City Attorney, City of Dallas, 'rt'Xas PASSED OCTOBER ......... ............ 197:3. r, City of Frt Worth,...-r-t-**...d� ...... Texas (SEAL) ATTEST: �ve e,S 11 cit tarY, City Of Fort. Worth,. Texas � APPROVED AS TO FORM AND LEGALITY: ............J 10 City Attorney, City of Fort Worth, Texas 16 THE STATE OF TEXAS COUNTY OF' DALLAS CITY OF DALLAS I, HAROLD G. SHANK, City Secretary of the City of Dallas, Texas, do hereby cer- tify: 1. That the above and foregoing is a true and correct copy of an excerpt from the minutes of the City Council of the City of Dallas, had in regular meeting, Octo- ber 1, 1973, authorizing the issuance of Dallas-Fort Worth Regional Airport Joint Revenue Bonds, Series 1973 in the aggregate pr'ncipal amount. of $18,150,O0O, which ordinance is duly of record in the minutes of said City Council. 2. That said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Article 6252-17, V.A.C.S., as amended. / WITNESS MY HAND and seal of the City of Dallas, Texas, this ..(. day of October, 1973. .. .. . . ... . .. ity Secretary, City of Dallas, Texas (SEAL) THE STATE OF TEXAS COUNTY OF TARRANT CITY OF FORT WORTH I, ROY A. BATEMAN, City Secretary of the City of Fort Worth, Texas, do hereby certify: 1. That the above and foregoing is a true and correct copy of Ordinance No. 6919 duly presented and passed by the City Council of the City of Fort Worth, Texas, at a meeting held on October 1, 1973, as same appears of record in the Office of the City Secretary. 2. That said meetin; was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Article 6252-17, V.A.C.S., as amended. WITNESS MY HAND and the Official Seal of the City of Fort Worth, Texas, this the ...........,:'..:.......day of October, 1973. �1..•.......... Ci4oFort et, City Worth, Texas (SEAL) 17 TBE STATE OF TERAS X COMITY OF TAUApT I; , City Secretary of the City of Fort Worth, Texas, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 69199 duly presented and adopted by the City Council of the City of Fort Worth, Texas, at a regular session held on the let day of October, A. D. 1979, as some appears of record is City Council Minute Book F-2, pages Ifo. 158 through 169. Said ordinance is in full force and effect. WITNESS MY BAND and the Official Seal of the City of Fort Worth, Texas, this the 24"day of Jomuasy, A.D. 19716. i, Cy ecretary of the C ty of Fort Worth, Texas r n�nt �d' .fnWc'S,�:'G9f,{::�h"*k':�l`si.��idYy'a��{..' • f rw`n. Y. r �'# ,y`'`'�'. �l>�¢ a�ToS�.. i�W�i�.BUY`F `'"�i1i�' "^I +3av�„�* _��a'�SE'Fi'CMx.r6?SihSt�'R,h,�, M fi�K� c�iY'.. �I�rTM•7ar' , :�r'Yh4?�. t.rr.. r , THE STATE OF TEXAS COUNTY OF TARRANT CITY OF FORT WORTH I, the undersigned, City Secretary of the City of Fort Worth, Texas , do hereby certify: 1. That on October 1, 1973 , and at all times since such date, the following were the duly elected and acting members of the City Council or the duly appointed and acting officers of said City Council and City as indicated, to-wit: R. M. Stovall, Mayor Joe Bruce Cunningham Clif Overcash John J. O'Neill Ted C. Peters Leonard E. Briscoe Pat Reece Henry A. Meadows Mrs . Margret Rimmer R. N. Line, City Manager S. G. Johndroe, Jr. , City Attorney Roy A. Bateman, City Secretary 2. That the City of Fort Worth, Texas , is not in default in the performance of any of the covenants or obliga- tions of such City set forth in the Ordinance passed by the City Council on November 12 , 1968 authorizing the issuance and sale of Dallas-Fort Worth Regional Airport Joint Revenue Bonds , Series 1968 , as supplemented by the Ordinances passed on April 14, 1970, November 2, 1970, February 10, 1971, August 23 , 1971 and March 6 , 1972 authorizing, respectively, the issuance and sale of the Series 1970 , 1970 A, 1971, 1971 A and 1972 Dallas-Fort Worth Regional Airport Joint Revenue Bonds . WITNESS MY HAND AND SEAL of said City, this the z day of October, 1973 . '4it, ec�ret=a—ry, City of Fort Worth (SEAL) GENERAL CERTIFICATE THE STATE OF TEXAS COUNTY OF TARRANT CITY OF FORT WORTH We, the undersigned, the Mayor and City Secretary, respectively, of said City, hereby certify as follows : 1. That the City of Fort Worth is a duly incorporate Home Rule City, having more than 5000 inhabitants , operating an existing under the Constitution and laws of the State of Texas and the duly adopted Home Rule Charter of said City, which said Charter has not been amended since the date of the issuance of the last Series of bonds of the City, to-wit: City of Fort Worth General Purpose Bonds , Series 1973A and Series 1973B, dated March 1, 1973 . 2. That no litigation of any nature has ever been filed pertaining to, affecting, or contesting: (a) the issuance , delivery, payment, security, or validity of the proposed Dallas Fort Worth Regional Airport Joint Revenue Bonds , Series 1973 , dated October 1 , 1973, in the principal amount of $18,150,000 (the "Series 1973 Bonds") , (b) the title of the present members and officers of the City Council of said City to their respec- tive offices , or (c) the validity of the corporate existence or the Charter of said City. 3 , That none of said City' s share of the revenues or income of the Dallas-Fort Worth Regional Airport have been pled ed or encumbered to the payment of any debt or obligation of said City, or of said Airport, except in connection with the aforesaid proposed Series 1973 Bonds, and the outstanding bonds of the following issues of said City: (a) Airport Revenue Bonds , Series 1960; Airport Revenue Bonds , Series 1960-A; Airport Revenue Bonds , Series 1961; (b) Dallas-Fort Worth Regional Airport Joint Revenue Bonds , Series 1968, Series 1970, Series 1970 A. Series 1971, Series 1971 A and Series 1972. 4. That none of the general revenues or income of said City's Airport System, consisting of Meacham Field and Greater Southwest International Airport, have been pledged or encumbered to the payment of any debt or obligation of said City or said Airport System except in connection with the s 9 ri outstanding Series of Bonds listed in paragraph 3 (a) next above', and except for the payment of Dallas-Fort Worth Regional Airport Joint Revenue Bonds , Series 1968, Series 1970 , Series 1970 A, Series 1971, Series 1971 A, Series 1972 and Series 1973 to the extent and during the period stated in Section 6 .3 of the 1968 Regional Airport Concurrent Bond Ordinance which authorized the issuance of said Series 1968 Bonds . EXECUTED this _1__ day of October 1973 . 4ec-ty, retary, City of Fort r, City of Fort Worth, exas Texas (CITY SEAL) C O P Y Stephens,Inc. September 28, 1973 Mr. Thomas M. Sullivan, Executive Director, and Members of the Board of Directors of the Dallas-Fort Worth Regional Airport Board Arlington, Texas 76011 Re: $18,150,000 Dallas-Fort Worth Regional Airport Joint Revenue Bonds, Series 1973 Gentlemen: We have, with the assistance of First Southwest Company, privately placed subject bonds with the institutions shown below at a price of par and accrued interest to date of delivery of the bonds maturing and bearing interest as shown on the Preliminary Private Placement Circular dated September 24, 1973, a copy of which is attached hereto and made a part hereof. Mercantile National Bank at Dallas, Dallas, Texas First National Bank of Commerce, New Orleans, Louisiana American Fletcher National Bank, Indianapolis, Indiana Maryland Casualty Company, Baltimore, Maryland Union Life Insurance Company, Little Rock, Arkansas First National Bank in Dallas, Dallas, Texas Bankers Trust, Columbia, South Carolina The American National Bank of Austin, Austin, Texas City National Bank of Austin, Austin, Texas Continental National Bank of Fort Worth, Fort Worth, Texas Texas Commerce Bank, National Association, Houston, Texas National Bank of Commerce, Dallas, Texas We hand you herewith Cashier's Check of the Mercantile National Bank at Dallas in the amount of $181,500 payable to the "Dallas-Fort Worth Regional Airport Board", representing a good faith deposit. If for any reason the institutions shown above (the purchasers) should fail or refuse to take up and pay for the bonds, then said check shall be cashed and accepted by the Board as full and com- plete liquidated damages. Otherwise, said check shall be returned to us upon payment for the bonds. It is understood and agreed that for our services in respect to the private placement of this issue we are to be paid a fee of $270,000 which will be due and payable within five days after deliv- ery of the bonds. You are advised that out of our fee we will pay the fee of Hutchison & Price, Bond Counsel, Dallas, Texas; and we will also, out of our fee, compensate First Southwest Company for their assistance in the private placement of these bonds. We appreciate very much this opportunity to be of further service to the Dallas-Fort Worth Regional Airport Board. Respectfully submitted, STEPHENS, INC. f By f� Jack T. Stephens President 1. Attachment Investment Ba rs 114 East Capitol Avenue,Little Rock,Arkansas 72201 501-374-4361 OTE S_:��7- O� T _LyS T CO CI1 07 FC�, On t':e 1sc dad- of October, 197/ 3 ., Lho City Counc L 1_ Of t:'' C;Cy O- i O 't �Jrth , T".:?j , CO tVE'neJ ill hE'�i21�t1" �1�'.t'tlltt' ;pith the folio;ain� --_e-hers pLesent , to-�%it : R. M. Stovall , Ma-or Joe Bruce Cunningham Clif Overcash John J. O'Neill Ted C . Peters Councilmen Leonard E . Briscoe Pat Reece Henry . 2•feadows �.rs . i fargre t Ri7n-er R. �. Line , City Manager S . G. Jonndroe , Jr. , City Attorney Roy A. Bateman, City Secretary, with the `ollowir..g -- a mhe_s absent : , with more than a quorurn present , at which time the followin r , amo^g other things was transacted, i Councilman t '. introduced an ordinance and moved that it be passed. The motion was seconded by Councilman �� ^ - � � The ordinance was read by the City Secretary. The motion, carrying with it the passage of the ordinance , prevailed by the following vote: AYES: Mayor R. M. Stovall and Councilmen Cunningham, Overcash, O'Neill, Peters , Briscoe, Reece, Meadows and Rimmer . NOES: None. ABSENT: None. The ordinance, as passed, is as follows : THE STATE OF TEAS COli:vTY OF DALLAS CITY OF DALLAS The City Council convened in Regular Meeting on October 1, 19733 with the following present : COUVCIL MEMBERS : AGUIRRE , ALLEN, GIUIORE , HARRISON) MURK, PATTERSON, SMITH, TERRELL, STOREY, WEBER AND WISE , f� WITH THE FOLLOWING ABSENT: At which time the following among other business was transacted : It was moved by Councilman and seconded by -GauRc}Irian y ; ;,, ��"Lthat the ordinance having the following caption pass : ORDINANCE NO. 14269 An ordinance passed concurrently by the City Councils , respectively, of the Cities of Dallas and Fort Worth, authorizing the issuance of Dallas-Fort Worth Regional Airport Joint Revenue Bonds , Series 1973 , in the aggregate principal amount of $18 ,150 ,000, bearing interest at the rates specified, for the purpose of paying in part the cost of constructing, equipping and otherwise improving the jointly owned Dallas-Fort Worth Regional Airport of the Cities; providing for the Corm of said bonds and the coupons appertaining thereto; awarding the sale of such bonds to the purchasers there- of; authorizing the Dallas-Fort Worth Regional Airport Board to deliver said bonds as herein directed; pro- viding that such bonds are on a parity with the out- standing Dallas-Fort Worth Regional Airport Joint Reve- nue Bonds , heretofore issued and sold; adopting pertinent provisions of and supplementing the 1968 Concurrent Bond Ordinance: and the Supplemental. I:c;;ional :airport Concurrent 3.D:Zd Ordinances which �ii.:thnrized tl c issuanco of said outstanding bonds ; providing Lor the deposit of the proceeds of the S:ries 1973 Bonds into certain funds of the Joint Airpoct Fund under and subject to the control of said Board; and directing that due observance of the covenants herein contained be made by the Board ; providing a method of amending this ordinance ; providing ter s`verability; ordaining other matters incident and relating to the subject and purpose hereof; and declaring an emergency. ROLL CALL ON MOTION : Aye - Aguirre , Allen, Gilmore , Harrison, Murr , Patterson, Smith, Terrell , Storey, Weber and Wise, Nay - - Absent Carried - ordinance passed. C O P Y FIRST 00-ClMUVCdt COMPANY October 1 , 1973 MEMORANDUM TO: The Executive Director and Members of the Board of Directors of the Dallas-Fort Worth Regional Airport Board SUBJECT: $18, 150,000 Dallas-Fort Worth Regional Airport Joint Revenue Bonds, Series 1973 We recommend the sale of the above captioned bonds to the institutions listed in the letter of Stephens, Inc. dated September 28, 1973, a copy of which is attached hereto, at a price of par and accrued interest from the date of issue to date of delivery of the bonds, maturing and bearing interest as shown on the Preliminary Private Placement Circular dated September 24, 1973 attached to the Stephens, Inc. letter. We further recommend that the Board approve the payment of a fee of $2701,000 requested by Stephens, Inc. for services in the private placement of these bonds. We consider this to be an unusually fine bid for the bonds in view of the Airlines' requirement that the bonds be optional on the first day of any month on or after May 1, 1974, at a price of par and accrued interest, which severely limits the marketability of the bonds. FIRST SOUTHWEST COMPANY By;N. CO Fi4ci �Ars Attachments C O P Y FIRST COMPANY October 1, 1973 MEMORANDUM TO: The Executive Director and Members of the Board of Directors of the Dallas-Fort Worth Regional Airport Board SUBJECT: $18,150,000 Dallas-Fort Worth Regional Airport Joint Revenue Bonds, Series 1973 We recommend the sale of the above captioned bonds to the institutions listed in the letter of Stephens, Inc. dated September 28, 1973, a copy of which is attached hereto, at a price of par and accrued interest from the date of issue to date of delivery of the bonds, maturing and bearing interest as shown on the Preliminary Private Placement Circular dated September 24, 1973 attached to the Stephens, Inc. letter. We further recommend that the Board approve the payment of a fee of $270,000 requested by Stephens, Inc. for services in the private placement of these bonds. We consider this to be an unusually fine bid for the bonds in view of the Airlines' requirement that the bonds be optional on the first day of any month on or after May 1 , 1974, at a price of par and accrued interest, which severely limits the marketability of the bonds. FIRST SOUTHWEST COMPANY By: 116 Fi*ciA visors Attachments