HomeMy WebLinkAboutOrdinance 11347}
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AN ORDINANCE PROVIDING FOR THE ISSUANCE OF
SEVENTY TWO MILLION NINE HUNDRED TEN THOUSAND
DOLLARS ($72,910,000) OF THE GENERAL PURPOSE
REFUNDING BONDS, SERIES 1993A, OF THE CITY OF
FORT WORTH, TEXAS, BEARING INTEREST AT THE
RATES HEREINAFTER SET FORTH, AND PROVIDING FOR
THE LEVY, ASSESSMENT AND COLLECTION OF A TAX
SUFFICIENT TO PAY THE INTEREST ON SAID BONDS
AND TO CREATE A SINKING FUND FOR THE
REDEMPTION THEREOF AT MATURITY; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING
THAT THIS ORDINANCE SHALL BE IN FORCE AND
EFFECT FROM AND AFTER THE DATE OF ITS PASSAGE.
WHEREAS, the City of Fort Worth, Texas (the "City" or the
"Issuer"), a "home-rule" city operating under a home-rule charter
adopted pursuant to Section 5 of Article XI of the Texas
Constitution, proposes to refund certain of its outstanding
obligations secured by a pledge of ad valorem taxes, more
particularly described in Exhibit A attached hereto (the "Refunded
obligations"); and
WHEREAS, Article 717k, Texas Revised Civil Statutes, as
amended, authorizes the City to enter into. an escrow agreement with
any paying agent for the Refunded Obligations with respect to the
safekeeping, investment, reinvestment, administration and
disposition of any such deposit, upon such terms and conditions as
the City and such paying agent may agree, provided that such
deposits may be invested and reinvested only in direct obligations
of the United States of America, including obligations the
principal of and interest on which are unconditionally guaranteed
by the United States of America, and which shall mature and bear
interest payable at such times and in such amounts as will be
sufficient to provide for the scheduled payment or prepayment of
the Refunded Obligations; and
WHEREAS, Ameritrust Texas National Association is the paying
agent for the Refunded Obligations; and
WHEREAS, in accordance with the aforesaid Article 717k, the
City has concurrently herewith authorized an "Escrow Agreement"
with Ameritrust Texas National Association wherein a portion of the
proceeds from the bonds hereinafter authorized, together with other
available funds, are held for the purpose of the payment of
principal of and interest on the Refunded Obligations; and
WHEREAS, the Refunded Obligations mature or are subject to
redemption prior to maturity within. twenty years of the date of the
bonds hereinafter authorized; and
WHEREAS, the bonds hereinafter authorized are to be ~ --
delivered pursuant to the laws of the State of Texas, ~~i~.'~CORD
CITY SECRETARY
fT. WDRTIl, TEX.
specifically Article 717k, Texas Revised Civil Statutes, as
amended, for the purpose of refunding the Refunded Obligations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
1. That the bond or bonds of the City of Fort Worth, Texas
(the "City" or the "Issuer") to be called "General Purpose
Refunding Bonds, Series 1993A" (the "Series 1993A Bonds"), are
hereby authorized to be issued in the aggregate principal amount of
Seventy Two Million Nine Hundred Ten Thousand Dollars ($72,910,000)
and shall be issued under and by virtue of the Constitution and
laws of the State of Texas and the Charter of said City for the
purpose of refunding the Refunded Obligations.
The term "Series 1993A Bonds" shall mean and include
collectively the bonds initially issued and delivered pursuant to
this Ordinance and all substitute bonds exchanged therefor, as well
as all other substitute bonds and replacement bonds issued pursuant
hereto, and the term "Series 1993A Bond" shall mean any of the
Series 1993A Bonds.
2. That the Series 1993A Bonds shall be dated July 1, 1993,
shall be in the denomination of $5,000 each, or any integral
multiple thereof, shall be numbered consecutively from R-1 upward,
and shall mature on the maturity date, in each of the years, and in
the amounts, respectively, as set forth in the following schedule:
MATURITY DATE: MARCH 1
YEARS
1994 AMO
$ UNTS (S)
65,000 YEARS
2002 AMOUNTS (S)
$14,130,000
1995 $ 140,000 2003 $16,130,000
1996 $ 110,000 2004 $12,720,000
1997 $ 710,000 2005 $ 6,945,000
1998 $ 740,000 2006 $ 6,975,000
1999 $ 770,000 2007 $ 5,620,000
2000 $ 805,000 2008 $ 3,430,000
2001 $2 ,720,000 2009 $ 900,000
3. The City reserves the right to redeem the Series 1993A
Bonds maturing on or after March 1, 2004, in whole or in part, on
March 1, 2003, or on any date thereafter, for the principal amount
thereof plus accrued interest thereon to the date fixed for
redemption. The years of maturity of the Series 1993A Bonds called
for redemption at the option of the City prior to stated maturity
shall be selected by the City. The Series 1993A Bonds or portions
thereof redeemed within a maturity shall be selected by lot or
other method by the Paying Agent/Registrar (hereinafter defined).
At least 30 days prior to the date fixed for any such
redemption the City shall cause (i) a written notice of such
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O~~~CiA1 RECO~dO
CITIt SECR~~TARY
f T. WORTH, TEX.
redemption to be deposited in the United States Mail, first-class
postage prepaid, addressed to each such registered owner at his
address shown on the Registration Books (hereinafter defined) of
the Paying Agent/Registrar and (ii) notice of such redemption to be
published one (1) time in a financial journal or publication of
general circulation in the United States of America carrying as a
regular feature notices of municipal bonds called for redemption;
provided however, that the failure to send, mail, or receive such
notice described in (i) above, or any defect therein or in the
sending or mailing thereof, shall not affect the validity or
effectiveness of the proceedings for the redemption of any Series
1993A Bond, and it is hereby specifically provided that the
publication of notice described in (ii) above shall be the only
notice actually required in connection with or as a prerequisite to
the redemption of any Series 1993A Bonds. By the date fixed for
any such redemption, due provision shall be made with the Paying
Agent/Registrar for the payment of the required redemption price
for the Series 1993A Bonds or the portions thereof which are to be
so redeemed, plus accrued interest thereon to the date fixed for
redemption. If such notice of redemption is given, and if due
provision for such payment is made, all as provided above, the
Series 1993A Bonds or the portions thereof which are to be so
redeemed, thereby automatically shall be redeemed prior to their
scheduled maturities, and shall not bear interest after the date
fixed for their redemption, and shall not be regarded as being
outstanding except for the right of the registered owner to receive
the redemption price plus accrued interest to the date fixed for
redemption from the Paying Agent/Registrar out of the funds
provided for such payment. The Paying Agent/Registrar shall record
in the registration books all such redemptions of principal of the
Series 1993A Bonds or any portion thereof. If a portion of any
Series 1993A Bond shall be redeemed a substitute Series 1993A Bond
or Series 1993A Bonds having the same maturity date, bearing
interest at the same rate, in any denomination or denominations in
any integral multiple of $5,000, at the written request of the
registered owner, and in an aggregate principal amount equal to the
unredeemed portion thereof, will be issued to the registered owner
upon the surrender thereof for cancellation, at the expense of the
City, all as provided in this Ordinance.
4. That the Series 1993A Bonds scheduled to mature during the
years, respectively, set forth below shall bear interest at the
following rates per annum:
Bonds maturing in the year 1994, 2.35$
Bonds maturing in the year 2995, 3.20$
Bonds maturing in the year 1996, 3.65$
Bonds maturing in the year 1997, 3.90$
Bonds maturing in the year 1998, 4.10$
Bonds maturing in the year 1999, 4.30$
Bonds maturing in the year 2000, 4.50$
Bonds maturing in the year 2001, 4.60$ OFFiCIAI ~RECDRD
Bonds maturing in the year 2002, 4.70$
CITY SEC#dETARY
-3- I:TT. WORTH, TEX.
Bonds maturing
Bonds maturing
Bonds maturing
Bonds maturing
Bonds maturing
Bonds maturing
Bonds maturing
in the year
in the year
in the year
in the year
in the year
in the year
in the year
2003, 4.80$
2004, 4.90$
2005, 5.00$
2006, -5.10$
2007, 5.20$
2008, 5.20$
2009, 5.25$
Said interest shall be payable to the registered owner of any such
Series 1993A Bond in the manner provided and on the dates stated in
the FORM OF BOND set forth in this Ordinance.
5. (a) The City shall keep or cause to be kept at the
principal corporate trust office of Ameritrust Texas National
Association, or such other bank, trust company, financial
institution, or other agency named in accordance with the
provisions of (g) below (the "Paying Agent/Registrar") books or
records of the registration and transfer of the Series 1993A Bonds
(the "Registration Books"), and the City hereby appoints the Paying
Agent/Registrar as its registrar and transfer agent to keep such
books or records and make such transfers and registrations under
such reasonable regulations as the City and Paying Agent/Registrar
may prescribe; and the Paying Agent/Registrar shall make such
transfers and registrations as herein provided. It shall be the
duty of the Paying Agent/Registrar to obtain from the registered
owner and record in the Registration Books the address of such
registered owner of each bond to which payments with respect to the
Series 1993A Bonds shall be mailed, as herein provided. The City
or its designee shall have the right to inspect the Registration
Books during regular business hours of the Paying Agent/Registrar,
but otherwise the Paying Agent/Registrar shall keep the Regis-
tration Books confidential and, unless otherwise required by law,
shall not permit their inspection by any other entity. Registra-
tion of each Series 1993A Bond may be transferred in the Registra-
tion Books only upon presentation and surrender of such bond to the
Paying Agent/Registrar for transfer of registration and cancella-
tion, together with proper written instruments of assignment, in
form and with guarantee of signatures satisfactory to the Paying
Agent/Registrar, evidencing the assignment of such bond, or any
portion thereof in any integral multiple of $5,000 principal amount
to the assignee or assignees thereof, and the right of such
assignee or assignees to have such bond or any such portion thereof
registered in the name of such assignee or assignees. Upon the
assigruaent and transfer of any Series 1993A Bond or any portion
thereof, a new substitute bond or bonds shall be issued in exchange
therefor in the manner herein provided.
(b) The entity in whose name .any Series 1993A Bond shall be
registered in the Registration Books at any time shall be treated
as the absolute owner thereof for all purposes of this Ordinance,
whether or not such bond shall be overdue, and the City and the
Paying Agent/Registrar shall not be affected by any notice to the
contrary; and payment of, or on account of, the principal of,
_4_ OfflClAL REGORD
CITY- SECRETARY
f T. WORTN, TEX.
premium, if any, and interest on any such bond shall be made only
to such registered owner. All such payments shall be valid and
effectual to satisfy and discharge the liability upon such bond to
the extent of the sum or sums so paid.
(c) The City hereby further appoints the Paying Agent/
Registrar to act as the paying agent for paying the principal of
and interest on the Series 1993A Bonds, and to act as its agent to
exchange or replace Series 1993A Bonds, all as provided in this
Ordinance. The Paying Agent/Registrar shall keep proper records of
all payments made by the City and the Paying Agent/Registrar with
respect to the Series 1993A Bonds, and of all exchanges thereof,
and all replacements thereof, as provided in this Ordinance.
(d) Each Series 1993A Bond may be exchanged for fully
registered bonds in the manner set forth herein. Each bond issued
and delivered pursuant to this Ordinance, to the extent of the
unredeemed principal amount thereof, may, upon surrender thereof at
the principal corporate trust office of the Paying Agent/Registrar,
together with a written request therefor duly executed by the
registered owner or the assignee or assignees thereof, or its or
their duly authorized attorneys or representatives, with guarantee
of signatures satisfactory to the Paying Agent/Registrar, at the
option of the registered owner or such assignee or assignees, as
appropriate, be exchanged for fully registered bonds, without
interest coupons, in the form prescribed in the FORM OF BOND set
forth in this Ordinance, in the denomination of any integral
multiple of $5,000 principal amount (subject to the requirement
hereinafter stated that each substitute bond shall have a single
stated maturity date), as requested in writing by such registered
owner or such assignee or assignees, in an aggregate principal
amount equal to the unredeemed principal amount of any Series 1993A
Bond or Series 1993A Bonds so surrendered, and payable to the
appropriate registered owner, assignee, or assignees, as the case
may be. If a portion of any Series 1993A Bond shall be redeemed
prior to its scheduled maturity as provided herein, a substitute
bond or bonds having the same maturity date, bearing interest at
the same rate, in the denomination or denominations of any integral
multiple of $5,000 principal amount at the request of the
registered owner, and in an aggregate principal amount equal to the
unredeemed portion thereof, will be issued to the registered owner
upon surrender thereof for cancellation. If any Series 1993A Bond
or portion thereof is assigned and transferred, each bond issued in
exchange therefor shall have the same principal maturity date and
bear at the same rate as the bond for which it is being exchanged.
Each substitute bond shall bear a letter and/or number to
distinguish it from each other bond. The Paying Agent/Registrar
shall exchange or replace Series 1993A Bonds as provided herein,
and each fully registered bond or bonds delivered in exchange for
or replacement of any Series 1993A Bond or portion thereof as
permitted or required by any provision of this Ordinance shall
constitute one of the Series 1993A Bonds for all purposes of this
Ordinance, and may again be exchanged or replaced. It is specif-
_5_ OF~1C~A~ RECORD
CITY SECRETARY
FT. WORTH, TEX.
ically provided, however, that any Series 1993A Bond delivered in
exchange for or replacement of another Series 1993A Bond prior to
the first scheduled interest payment date on the Series 1993A Bonds
(as stated on the face thereof) shall be dated the same date as
such Series 1993A Bond, but each substitute bond so delivered on or
after such first scheduled interest payment date shall be dated as
of the interest payment date preceding the date on which such
substitute bond is delivered, unless such substitute bond is
delivered on an interest payment date, in which case it shall be
dated as of such date of delivery; provided, however, that if at
the time of delivery of any substitute bond the interest on the
bond for which it is being exchanged has not been paid, then such
substitute bond shall be dated as of the date to which such
interest has been paid in full. On each substitute bond issued in
exchange for or replacement of any Series 1993A Bond or Series
1993A Bonds issued under this Ordinance there shall be printed
thereon a Paying Agent/Registrar's Authentication Certificate, in
the form hereinafter set forth in the FORM OF BOND set forth in
this Ordinance. An authorized representative of the Paying
Agent/Registrar shall, before the delivery of any such substitute
bond, date such substitute bond in the manner set forth above, and
manually sign and date such Certificate, and no such substitute
bond shall be deemed to be issued or outstanding unless such
Certificate is so executed. The Paying Agent/Registrar promptly
shall cancel all Series 1993A Bonds surrendered for exchange or
replacement. No additional ordinances, orders, or resolutions need
be passed or adopted by the City Council or any other body or
person so as to accomplish the foregoing exchange or replacement of
any Series 1993A Bond or portion hereof, and the Paying
Agent/Registrar shall provide for the printing, execution, and
delivery of the substitute bonds in the manner prescribed herein,
and said bonds shall be of type composition printed on paper with
lithographed or steel engraved borders of customary weight and
strength. Pursuant to Article 717k-6, V.A.T.C.S., and particularly
Section 6 thereof, the duty of exchange or replacement of any
Series 1993A Bond as aforesaid is hereby imposed upon the Paying
Agent/Registrar, and, upon the execution of said Paying Agent/Reg-
istrar's Authentication Certificate, the exchanged or replaced bond
shall be valid, incontestable, and enforceable in the same manner
and with the-same effect as the Series 1993A Bonds which originally
were delivered pursuant to this Ordinance, approved by the Attorney
General, and registered by the Comptroller of Public Accounts.
Neither the City nor the Paying Agent/Registrar shall be required
(1) to issue, transfer, or exchange any bond during a period
beginning at the opening of business 30 days before the day of the
first mailing of a notice of redemption of bonds and ending at the
close of business on the day of such mailing, or (2) to transfer or
exchange any bond so selected for redemption in whole when such
redemption is scheduled to occur within 30 calendar days.
(e) All Series 1993A Bonds issued in exchange or replacement
of any other Series 1993A Bond or portion thereof, (i) shall be
issued in full re istered form without interest cou o 4•;.-..tea
-6- CITY SECRETARY
FT. WORTN, TEX.
principal of and interest on such Series 1993A Bonds to be payable
only to the registered owners thereof, (ii) may be redeemed prior
to their scheduled maturities, (iii) may be transferred and
assigned, (iv) may be exchanged for other Series 1993A Bonds, (v)
shall have the characteristics, (vi) shall be signed and sealed,
and (vii) the principal of and interest on the Series 1993A Bonds
shall be payable, all as provided, and in the manner required or
indicated, in the FORM OF BOND set forth in this Ordinance.
(f) The City shall pay the Paying Agent/Registrar's
reasonable and customary fees and charges for making transfers of
Series 1993A Bonds, but the registered owner of any Series 1993A
Bond requesting such transfer shall pay any taxes or other
governmental charges required to be paid with respect thereto. The
registered owner of any Series 1993A Bond requesting any exchange
shall pay the Paying Agent/Registrar's reasonable and standard or
customary fees and charges for exchanging any such bond or portion
thereof, together with any taxes or governmental charges required
to be paid with respect thereto, all as a condition precedent to
the exercise of sueh privilege of exchange, except, however, that
in the case of the exchange of an assigned and transferred bond or
bonds or any portion or portions thereof in any integral multiple
of $5,000 principal amount or maturity amount, as the case may be,
and in the case of the exchange of the unredeemed portion of a
Series 1993A Bond which has been redeemed in part prior to matur-
ity, as provided in this Ordinance, such fees and charges will be
paid by the City. In addition, the City hereby covenants with the
registered owners of the Series 1993A Bonds that it will (i) pay
the reasonable and standard or customary fees and charges of the
Paying Agent/Registrar for its services with respect to the payment
of the principal of and interest on the Series 1993A Bonds, when
due, and (ii) pay the fees and charges of the Paying
Agent/Registrar for services with respect to the transfer or
registration of Series 1993A Bonds solely to the extent above
provided, and with respect to the exchange of Series 1993A Bonds
solely to the extent above provided.
(g) The City covenants with the registered owners of the
Series 1993A Bonds that at all times while the Series 1993A Bonds
are outstanding the City will provide a competent and legally
qualified bank, trust company, financial institution., or other
agency to act as and perform the services of Paying Agent/Registrar
for the Series 1993A Bonds under this Ordinance, and that the
Paying Agent/Registrar will be one entity. The City reserves the
right to, and may, at its option, change the Paying Agent/Registrar
upon not less than 60 days written notice to the Paying
Agent/Registrar. In the event that the entity at any time acting
as Paying Agent/Registrar (or its successor by merger, acquisition,
or other method) should resign or otherwise cease to act as such,
the City covenants that promptly it will appoint a competent and
legally qualified national or state banking institution which shall
be a corporation organized and doing business under the laws of the
United States of America or of any state, authorized under such
_,_ ' OFFICIAL RECORD
CITY SECR~~'~RY
FY. i1~i1~~ ~LAa
laws to exercise trust powers, subiect to supervision or
examination by federal or state authority, and whose qualifications
substantially are similar to the previous Paying Agent/Registrar t~o
act as Paying Agent/Registrar under this Ordinance. Upon arty
change in the Paying Agent/Registrar, the previous Paying
Agent/Registrar promptly shall transfer and deliver the
Registration Books (or a copy thereof), along with all other
pertinent books and records relating to the Series 1993A Bonds, to
the new Paying Agent/Registrar designated and appointed by the
City. Upon any change in the Paying Agent/Registrar, the City
promptly will cause a written notice thereof to be sent by the new
Paying Agent/Registrar to each registered owner of the Series 1993A
Bonds, by United States Mail, postage prepaid, which notice also
shall give the address of the new Paying Agent/Registrar. By
accepting the position and performing as such, each Paying
Agent/Registrar shall be deemed to have agreed to the provisions of
this Ordinance, and a certified copy of this Ordinance shall be
delivered to each Paying Agent/Registrar.
(h) (i) In addition to the manner of providing notice of
redemption of Series 1993A Bonds as set forth in this Ordinance,
the Paying Agent/Registrar shall give notice of any redemption of
Series 1993A Bonds by United States Mail, first-class postage
prepaid, at least thirty (30) days .prior to the applicable
redemption date to each registered securities depository and to
any national information service that disseminates redemption
notices. In addition, in the event of a redemption caused by an
advance refunding of the Series 1993A Bonds, the Paying
Agent/Registrar shall send a second notice of redemption to the
persons specified in the immediately preceding sentence at least
thirty (30) days but not more than ninety (90) days prior to the
actual redemption date. Any notice sent to the registered
securities depositories or such national information services shall
be sent so that they are received at least two (2) days prior to
the general mailing or publication date of such notice. The Paying
Agent/Registrar shall also send a notice of prepayment or
redemption to the owner of any Series 1993A Bond who has not
submitted the Series 1993A Bonds for redemption sixty (60) days
after the redemption date.
(ii) Each redemption notice, whether required in the FORM OF
BOND or otherwise by this Ordinance, shall contain a description of
the Series 1993A Bonds to be redeemed, including the complete name
of the Series 1993A Bonds, the series, the date of issue, the
interest rate, the maturity date, the CUSIP number, if any, the
certificate numbers, the amounts called of each certificate, the
publication and mailing date for the notice, the date of
redemption, the redemption price, the name of the Paying Agent/
Registrar and the address at which the Series 1993A Bond may be
redeemed including a contact person and telephone number.
(iii) All redemption payments made by the Paying
Agent/Registrar to the registered owners of the Series-~~~,~~ ~ ~~~CO
-8- CITY SECRETARY
FT. WORTH, T~.
shall include CUSIP numbers relating to each amount paid to such
registered owner.
6. The form of all Series 1993A Bonds, including the form of
the Comptroller's Registration Certificate to accompany the Series
1993A Bonds on the initial delivery thereof, the form of Paying
Agent/Registrar's Authentication Certificate, and the Form of
Assignment to be printed'on each of the Series 1993A Bonds, shall
be, respectively, substantially as follows, with such appropriate
variations, omissions, or insertions as are permitted or required
by this Ordinance:
-9-
C{TY SECRETARY
~T. WORTN, TEX.
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF TARRANT AND DENTON
CITY OF FORT WORTH, TEXAS
GENERAL PURPOSE REFUNDING BOND
SERIES 1993A
NO. R-
MATURITY INTEREST ORIGINAL
DATE RATE ISSUE DATE
July 1, 1993
PRINCIPAL
AMOUNT
5
S
CU IP
ON THE MATURITY DATE SPECIFIED ABOVE, THE CITY OF FORT WORTH,
TEXAS (the "Issuer"), being a political subdivision of the State of
Texas, hereby promises to pay to , or
to the registered assignee hereof (either being hereinafter called
the "registered owner") the principal amount of:
DOLLARS
and to pay interest thereon, from the Original Issue Date specified
above, to the maturity date specified above, or the date of its
redemption prior to scheduled maturity, at the rate of interest per
annum specified above, with said interest being payable on
September 1, 1993, and semiannually on each March 1 and September
1 thereafter; except that if the Paying Agent/Registrar's
Authentication Certificate appearing on the face of this Bond is
dated later than September 1, 1993, such interest is payable semi-
annually on each March 1 and September 1 following such date.
THE PRINCIPAL OF AND INTEREST ON this Bond are payable in
lawful money of the United States of America, without exchange or
collection charges. The principal of this Bond shall be paid to
the registered owner hereof upon presentation and surrender of this
Bond at maturity or redemption prior to maturity at the principal
corporate trust office of Ameritrust Texas National Association, in
Dallas, Texas, which is the "Paying Agent/Registrar" for this Bond.
The payment of interest on this Bond shall be made by the Paying
Agent/Registrar to the registered owner hereof as shown by the
Registration Books kept by the Paying Agent/Registrar at the close
of business on the last business day of the month next preceding
such interest payment date by check, dated as of such interest
payment date, drawn by the Paying Agent/Registrar on, and payable
solely from, funds of the Issuer required to be on deposit with the
Paying Agent/Registrar for such purpose as hereinafter *~~r d;
O~F~C~RI RECORD
-10- CITY SECRETARY
FT. WORTH, TEX.
and such check shall be sent by the Paying Agent/Registrar by
United States mail, first-class postage prepaid, on each such in-
terest payment date, to the registered owner hereof at its address
as it appears on the Registration Books kept by the Paying
Agent/Registrar, as hereinafter described. Any accrued interest
due at maturity or upon redemption of this Bond prior to maturity
as provided herein shall be paid to the registered owner upon
presentation and surrender of this Bond for redemption and payment
at the principal corporate trust office of the Paying
Agent/Registrar. The Issuer covenants with the registered owner of
this Bond that no later than each principal payment and/or interest
payment date for this Bond it will make available to the Paying
Agent/Registrar from the Interest and Redemption Fund as defined by
the ordinance authorizing the Bonds (the "Ordinance") the amounts
required to provide for the payment, in immediately available
funds, of all principal of and interest on the Bonds, when due.
THE TERMS AND PROVISIONS of this Bond are continued on the
reverse side hereof and shall for all purposes have the same effect
as though fully set forth at this place.
*IN THE EVENT OF A NON-PAXMENT of interest on a scheduled
payment date, and for 30 days thereafter, a new record date for
such interest payment (a "Special Record Date") will be established
by the Paying Agent/Registrar, if and when funds for the payment of
such interest have been received from the Issuer. Notice of the
Special Record Date and of the scheduled payment date of the past
due interest ("Special Payment Date", which shall be 15 days after
the Special Record Date) shall be sent at least five business days
prior to the Special Record Date by United States mail, first class
postage prepaid, to the address of each registered owner of a Bond
appearing on the registration books of the Paying Agent/Registrar
at the close of business on the last business day next preceding
the date of mailing of such notice.
*IF THE DATE for the payment of the principal of or interest
on this Bond shall be a Saturday, Sunday, a legal holiday, or a day
on which banking institutions in the city where the Paying
Agent/Registrar fe located are authorized by law or executive order
to close, then the date for such payment shall be the nekt
succeeding day which is not such a Saturday, Sunday, legal holiday,
or day on which banking institutions are authorized to close; and
payment on such date shall have the same force and effect as if
made on the original date payment was due.
*THIS BOND is one of a Series of Bonds of like tenor and
effect except as to number, principal amount, interest rate,
maturity and option of redemption, dated July 1, 1993, authorized
in accordance with the Constitution and laws of the State of Texas
in the principal amount of $72,910,000, for the purpose of
refunding certain of the Issuer's outstanding obligations
designated in the Ordinance as the "Refunded Obligations".
I O~~ICi~4 OEC0~0
-11- ~ CITY S~Ct~~~T~RY
f T. WORTN, TAX.
*ON MARCH 1, 2003, or on any date thereafter, the Bonds of
this Series maturing on March 1, 2004 and thereafter may be
redeemed prior to their scheduled maturities, at the option of the
Issuer, in whole, or in part, at par and accrued interest to the
date fixed for redemption. The years of maturity of the Bonds
called for redemption at the option of the Issuer prior to stated
maturity shall be selected by the Issuer. The Bonds or portions
thereof redeemed within a maturity shall be selected by lot or
other method by the Paying Agent/Registrar.
*AT LEAST 30 days prior to the date fixed for any such redemp-
tion (a) a written notice of such redemption shall be given to the
registered owner of each Bond or a portion thereof being called for
redemption by depositing such notice in the United States mail,
first class postage prepaid, addressed to each such registered
owner at his address shown on the Registration Books of the Paying
Agent/Registrar and (b) notice of such redemption shall be
published one (1) time in a financial journal or publication of
general circulation in the United States of America carrying as a
regular feature notices of municipal bonds called for redemption;
provided, however, that the failure to send, mail, or receive such
notice described in (a) above, or any defect therein or in the
sending or mailing thereof, shall not affect the validity or
effectiveness of the proceedings for the redemption of any Bond,
and the Ordinance provides that the publication of notice as
described in (b) above shall be the only notice actually required
in the connection with or as a prerequisite to the redemption of
any Bond. By the date fixed for any such redemption due provision
shall be made by the Issuer with the Paying Agent/Registrar for the
payment of the required redemption price for this Bond or the
portion hereof which is to be so redeemed, plus accrued interest
thereon to the date fixed for redemption. If such notice of
redemption is given, and if due provision for such payment is made,
all as provided above, this Bond, or the portion hereof which is to
be so redeemed, thereby automatically shall be redeemed prior to
its scheduled maturity, and shall not bear interest after the date
fixed for its redemption, and shall not be regarded as being
outstanding except for the right of the registered owner to receive
the redemption price plus accrued interest to the date fixed for
redemption from the Paying Agent/Registrar out of the funds pro-
vided for such payment. The Paying Agent/Registrar shall record in
the Registration Books all such redemptions of principal of this
Bond or any portion hereof. If a portion of any Bond shall be
redeemed a substitute Bond or Bonds having the same maturity date,
bearing interest at the same rate, in any denomination or denomina-
tions in any integral multiple of $5,000, at the written request of
the registered owner, and in aggregate principal amount equal to
the unredeemed portion thereof, will be issued to the registered
owner upon the surrender thereof for cancellation, at the expense
of the Issuer, all as provided in the Ordinance.
*ALL BONDS OF THIS SERIES are issuable ~~n 'B)py
registered bonds, without interest coupons, in th f
-12- CITY SECRETARY
FT. WORTH, T~Xs
any integral multiple of $5,000 principal amount (herein referred
as an "Authorized Denomination"). As provided in the Ordinance,
this Bond, or any unredeemed portion hereof, may, at the request of
the registered owner or the assignee or assignees hereof, be
assigned, transferred, and exchanged for a like aggregate principal
amount of fully registered bonds, without interest coupons, payable
to the appropriate registered owner, assignee, or assignees, as the
case may be, having the same maturity date, and bearing interest at
the same rate, in any Authorized Denomination as requested in
writing by the appropriate registered owner, assignee, or
assignees, as the case may be, upon surrender of this Bond to the
Paying Agent/Registrar for cancellation, all in accordance with the
form and procedures set forth in the Ordinance. Among other
requirements for such assignment and transfer, this Bond must be
presented and surrendered to the Paying Agent/Registrar, together
with proper instruments of assignment, in form and with guarantee
of signatures satisfactory to the Paying Agent/Registrar,
evidencing assignment of this Bond or any portion or portions
hereof in any Authorized Denomination to the assignee or assignees
in whose name or names this Bond or any such portion or portions
hereof is or are to be transferred and registered. The form of
Assignment printed or endorsed on this Bond may be executed by the
registered owner to evidence the assignment hereof, but such method
is not exclusive, and other instruments of assignment satisfactory
to the Paying Agent/Registrar may be used to evidence the
assignment of this Bond or any portion or portions hereof from time
to time by the registered owner. The one requesting such exchange
shall pay the Paying Agent/Registrars reasonable standard or
customary fees and charges for exehanginq any Bond or ports®n
thereof. The foregoing notwithstanding, in the case of the
exchange of a portion of a Bond which has been redeemed prior to
maturity, as provided herein, and in the case of the exchange of an
assigned and transferred Bond or Bonds or any portion or portions
thereof, such fees and charges of the Paying Agent/Registrar will
be paid by the Issuer. In any circumstance, any taxes or
governmental charges required to be paid with respect thereto shall
be paid by the one requesting such assignment, transfer, or
exchange as a condition precedent to the exercise of such
privilege. In any circumstance, neither the Issuer nor the Paying
Agent/Registrar shall be required (1) to make any transfer or
exchange during a period beginning at the opening of business 30
days before the day of the first mailing of a notice of redemption
of bonds and ending at the close of business on the day of such
mailing, or (2) to transfer or exchange any Bonds so selected for
redemption when such redemption is scheduled to occur within 30
calendar days.
*WHENEVER the beneficial ownership of this Bond is determined
by a book entry at a securities depository for the Bonds, the
foregoing requirements of holding, delivering or transferring this
Bond shall be modified to require the appropriate person or e,,~ ty
to meet the requirements of the securities c~~~a~ .~~~to
CITY SECRETARY
-13-
f T. WORTH, TEX.
registering or transferring the book entry to produce the same
effect.
*IN THE EVENT any Paying Agent/Registrar for the Bonds is
changed by the Issuer, resigns, or otherwise ceases to act as such,
the Issuer has covenanted in the Ordinance that it promptly will
appoint a competent and legally qualified substitute therefor, and
promptly will cause written notice thereof to be mailed to the
registered owners of the Bonds.
*IT IS HEREBY CERTIFIED AND RECITED that the issuance of this
Bond, and the series of which it is a part, is duly authorized by
law; that all acts, conditions and things required to be done
precedent to and in the issuance of this series of bonds, and of
this Bond, have been properly done and performed and have happened
in regular and due time, form and manner as required by law; that
sufficient and proper provision for the levy and collection of
taxes has been made, which,. when collected, shall be appropriated
exclusively to the payment of this Bond and the series of which it
is a part; and that the total indebtedness of said City of Fort
Worth, Texas, including the entire series of bonds of which this is
one, does not exceed any constitutional, statutory or charter
limitation.
*BY BECOMING the registered owner of this Bond, the registered
owner thereby acknowledges all of the terms and provisions of the
Ordinance, agrees to be bound by such terms and provisions,
acknowledges that the Ordinance is duly recorded and available for
inspection in the official minutes and records of the governing
body of the Issuer, and agrees that the terms and provisions of
this Bond and the Ordinance constitute a contract between each
registered owner hereof and the Issuer.
IN WITNESS WHEREOF, this Bond has been signed with the manual
or facsimile signature of the Mayor of said Issuer, attested with
the manual or facsimile signature of the City Secretary and
approved as to form and legality with the manual or facsimile
signature of the City Attorney, and the official seal of the Issuer
has been duly affixed to, or impressed, or placed in facsimile, on
this Bond.
ATTEST:
xxxxxxxxxxxxx xxxxxxxxxxxxx
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
_._._ c~nl a~co~
xxxxxxxxx ( SEAL) O~F1
City Attorney C'~ 5~~~~~~R~
-la- ~T. WORYH, ~~X.
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Bond has been issued under
the provisions of the proceedings adopted by the Issuer as
described in the text of this Bond; and that this Bond has been
issued in conversion of and exchange for or replacement of a bond,
bonds, or a portion of a bond or bonds of an issue which originally
was approved by the Attorney General of the State of Texas and
registered by the Comptroller of Public Accounts of the State of
Texas.
Dated: AMERITRUST TEXAS NATIONAL ASSOCIATION,
Paying Agent/Registrar
By
Authorized Representative
OFfICIAI RECORD
CITY SECRETARY
ET. WORTH, TEX.
-15-
FORM OF ASSIGNMENT:
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and
transfers unto
Please insert Social Security or Taxpayer
Identification Number of Transferee
/ /
(Please print or typewrite name and address, including
zip code of Transferee)
the within Bond and all rights thereunder, and hereby
irrevocably constitutes and appoints
attorney to register the transfer of the within Bond on the
books kept for registration thereof, with full power of
substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must
be guaranteed by a member
firm of the New York Stock
Exchange or a commercial
bank or trust company.
NOTICE: The signature above
must correspond with the name
of the Registered Owner as it
appears upon the front of this
Bond in every particular,
without alteration or enlarge-
ment or any change whatsoever.
01"FICIAI REC~AD
CITY SECRETARY
ET. WORTH, TEX.
-16-
** FORM OF COMPTROLLER'S CERTIFICATE (ATTACHED TO
THE BONDS UPON INITIAL DELIVERY THEREOF)
OFFICE OF COMPTROLLER
REGISTER N0.
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 that it
is a valid and binding obligation of the City of Fort Worth, Texas,
payable in the manner provided by and in the ordinance authorizing
same, and said Bond has this day been registered by me.
WITNESS MY HAND and seal of office at Austin, Texas
(SEAL)
Comptroller of Public Accounts of
the State of Texas
NOTE TO PRINTER:
*Zs to be on reverse side of bond
**~ not to be on bond
The printer of the Series 1993A Bonds is hereby authorized to print
on the Series 1993A Bonds (i) the form of bond counsel's opinion
relating to the Series 1993A Bonds, and (ii) an appropriate
statement of insurance furnished by a municipal bond insurance
company providing municipal bond insurance, if any, covering all or
any part of the Series 1993A Bonds.
7. (a) That a special fund or account, to be designated the
"City of Fort Worth, Texas Series 1993A Bonds Interest and
Redemption Fund" is hereby created and shall be established and
maintained by said City at its official depository bank. Said
Interest and Redemption Fund shall be kept separate and apart from
all other funds and accounts of said City, and shall be used only
for paying the interest on and principal of the Series 1993A Bonds.
All taxes levied and collected for and on account of the Series
1993A Bonds shall be deposited, as collected, to the credit of
said Interest and Redemption Fund. During each y~ea~-iv_3~i~~of
'17' CITY SECR~T~~Y
~T. woRTH, T~.
the Series 1993A Bonds is outstanding and unpaid, the City Council
of said City shall compute and ascertain the rate and amount of ad
valorem tax, based on the latest approved tax rolls of said City,
with full allowances being made for tax delinquencies and costs of
tax collections, which will be sufficient to raise and produce the
money required to pay the interest on the Series 1993A Bonds as
such interest comes due, and to provide a sinking fund to pay the
principal of the Series 1993A Bonds as such principal matures, but
never less than 2$ of the original principal amount of the Series
1993A Bonds as a sinking fund each year. Said rate and amount of
ad valorem tax is hereby ordered to be levied and is hereby levied
against all taxable property in said City for each year while any
of the Series 1993A Bonds is outstanding and unpaid, and said ad
valorem tax shall be assessed and collected each such year and
deposited to the credit of the aforesaid Interest and Redemption
Fund. Said ad valorem taxes necessary to pay the interest on and
principal of the Series 1993A Bonds, as such interest comes due,
and such principal matures, are hereby pledged for such purpose,
within the limit prescribed by law.
(b) The City hereby appropriates and shall cause the transfer
from its General Fund to the Interest and Redemption Fund of such
amounts as may be necessary to enable the City to make the first
scheduled payment of interest on the Series 1993A Bonds.
8. (a) In the event any outstanding Series 1993A Bond is
damaged, mutilated, lost, stolen, or destroyed, the Paying
Agent/Registrar shall cause to be printed, executed, and delivered,
a new bond of the same principal amount, maturity, and interest
rate, as the damaged, mutilated, lost, stolen, or destroyed Series
1993A Bond, in replacement for such Series 1993A Bond in the manner
hereinafter provided.
(b) Application for replacement of damaged, mutilated, lost,
stolen, or destroyed Series 1993A Bonds shall be made to the Paying
Agent/Registrar. In every case of loss, theft, or destruction of
a Series 1993A Bond, the applicant for a replacement bond shall
furnish to the City and to the Paying Agent/Registrar such security
or indemnity as may be required by them to save each of them
harmless from any loss or damage with respect thereto. Also, in
every case of loss, theft, or destruction of a Series 1993A Bond,
the applicant shall furnish to the City and to the Paying
Agent/Registrar evidence to their satisfaction of the loss, theft,
or destruction of such Series 1993A Bond, as the case may be. In
every case of damage or mutilation of a Series 1993A Bond, the
applicant shall surrender to the Paying Agent/Registrar for
cancellation the Series 1993A Bond so damaged or mutilated.
(c) Notwithstanding the foregoing provisions of this Section,
in the event any such Series 1993A Bond shall have matured, and no
default has occurred which is then continuing in the payment of the
principal of, redemption premium, if any, or interest on the Series
1993A Bond, the City may authorize the payments Urr~t ~~~~( ithout
-18- i CITY SECRETARY
FT. WORTN, TEX.
surrender thereof except in the case of a damaged or mutilated
Series 1993A Bond) instead of issuing a replacement Series 1993A
Bond, provided security or indemnity is furnished as above provided
in this Section.
(d) Prior to the issuance of any replacement bond, the Paying
Agent/Registrar shall charge the owner of such Series 1993A Bond
with all legal, printing, and other expenses in connection
therewith. Every replacement bond issued pursuant to the
provisions of this Section by virtue of the fact that any Series
1993A Bond is lost, stolen, or destroyed shall constitute a
contractual obligation of the City whether or not the lost, stolen,
or destroyed Series 1993A Bond shall be found at any time, or be
enforceable by anyone, and shall be entitled to all the benefits of
this Ordinance equally and proportionately with any and all other
Series 1993A Bonds duly issued under this Ordinance.
(e) In accordance with Section 6 of Vernon's Ann. Tex. Civ.
St. Art. 717k-6, this Section of this Ordinance shall constitute
authority for the issuance of any such replacement bond without
necessity of further action by the governing body of the City or
any other body or person, and the duty of the replacement of such
bonds is hereby authorized and imposed upon the Paying
Agent/Registrar, subject to the conditions imposed by this Section
8 of this Ordinance, and the Paying Agent/Registrar shall
authenticate and deliver such bonds in the form and manner and with
the effect, as provided in Section 5(d) of this Ordinance for
Series 1993A Bonds issued in exchange for other Series 1993A Bonds.
9. That the Mayor of the City is hereby authorized to have
control of the Series 1993A Bonds and all necessary records and
proceedings pertaining to the Series 1993A Bonds pending their
delivery and their investigation, examination and approval by the
Attorney General of the State of Texas, and their registration by
the Comptroller of Public Accounts of the State of Texas. Upon
registration of the Series 1993A Bonds, said Comptroller of Public
Accounts (or a deputy designated in writing to act for said
Comptroller) shall manually sign the Comptroller's Registration
Certificate accompanying the Series 1993A Bonds, and the seal of
said Comptroller shall be impressed, or placed in facsimile, on
each such certificate.
10. (a) That the sale of the Series 1993A Bonds to Goldman,
Sachs & Co., as representative (the "Representative") for the
Underwriters named in the "Bond Purchase Agreement" hereinafter
described, at the purchase price set forth in the Hond Purchase
Agreement, is hereby authorized, ratified and confirmed. One
Series 1993A Bond in the principal amount maturing on each maturity
date as set forth in Section 2 hereof shall be delivered to the
Representative, on behalf of itself and the other Underwriters, and
the Underwriters shall have the right to exchange such bonds upon
their initial delivery as provided in Section 5 hereof without
cost.
-19-
OI:fICIAI RECORD
CITY SECRETARY
fT. WORTN, TEX.
(b) That the Bond Purchase Agreement setting forth the terms
of the sale of the Series 1993A Bonds to the Underwriters, in
substantially the form attached to this Ordinance, is hereby
accepted, approved and authorized to be delivered in executed form
to said Underwriters.
(c) That the offering documents prepared in connection with
the sale of the Series 1993A Bonds, in substantially the form
attached to this Ordinance, are hereby accepted, approved and
authorized to be delivered in executed form to the Underwriters.
The use of the "Preliminary Official Statement" prepared in
connection with the sale of the Series 1993A Bonds is hereby
ratified.
il. That the City Manager of the City is hereby authorized
and directed to execute, and the City Attorney is authorized to
approve as to form, on behalf of the City, the Escrow Agreement
covering the use of the moneys to be deposited with the "Escr®w
Agent" therein named for the benefit of the holders of the Refunded
Obligations, the form of the Escrow Agreement being in
substantially the form attached to this Ordinance. The City
Manager, the Assistant City Manager/Director of Fiscal Services,
and the City Treasurer are each hereby authorized to execute such
instruments as may be necessary to effectuate the intent of the
Escrow Agreement.
12. That the following of the Refunded Obligations described
in Exhibit A are hereby called for redemption prior to their
scheduled maturities, at the price of par plus accrued interest to
the date fixed for redemption:
Series 1986 Bonds; Redemption Date: March 1, 1997
Series 1987 Bonds; Redemption Date: March 1, 1997
Series 1989 Bonds; Redemption Date: March 1, 1999
Series 1989 Certificates of Obligation; Redemption Date:
March 1, 2000 (maturities 2001 through 2009, inclusive)
Series 1990 Bonds; Redemption Date: March 1, 2000
Series 1992 Bonds; Redemption Date: March 1, 2001
The City Secretary is hereby directed to coordinate with the paying
agent for each such series of Refunded Obligations so called for
redemption to give notice of such redemption, in accordance with
the applicable terms of the respective ordinances authorizing the
issuance of each such series of Refunded Obligations so called for
redemption.
13. That the City has determined that the refunding of the
Refunded Obligations will result in an absolute savings of
$3,048,418.60 and a net present value savings of $2,725,142.97 to
the City.
14. The Issuer covenants to take any action to assure, or
refrain from any action which would adversely af~c'~hg,~~~~ment
-20- CI1Y SFCR~TAR~(
~Y. WORTN, Y.
of the Series 1993A Bonds as obligations described in section 103
of the Internal Revenue Code of 1986 (the "Code"), the interest on
which is not includable in the "gross income" of the holder for
purposes of federal income taxation. In furtherance thereof, th®
Issuer covenants as follows:
(a) to take any action to assure that no more than 10
percent of the proceeds of the Series 1993A Bonds or the
projects financed therewith (less amounts deposited to a
reserve fund, if any) are used for any "private business use,"
as defined in section 141(b)(6) of the Code or, if more than
10 percent of the proceeds are so used, that amounts, whether
or not received by the Issuer, with respect to such private
business use, do not, under the terms of this Ordinance or any
underlying arrangement, directly or indirectly, secure or
provide for the payment of more than 10 percent of the debt
service on the Series 1993A Bonds, in contravention of section
141(b) (2) of the Code;
(b) to take any action to assure that in the event that
the "private business use" described in subsection (a) hereof
exceeds 5 percent of the proceeds of the Series 1993A Bonds or
the projects financed therewith (less amounts deposited into
a reserve fund, if any) then the amount in excess of 5 percent
is used for a "private business use" which is "related" and
not "disproportionate," within the meaning of section
141(b)(3) of the Code, to the governmental use;
(c) to take any action to assure that no amount which is
greater than the lesser of $5,000,000, or 5 percent of the
proceeds of the Series 1993A Bonds (less amounts deposited
into a reserve fund, if any) is directly or indirectly used to
finance loans to persons, other than state or local
governmental units, in contravention of section 141(c) of the
Code;
(d) to refrain from taking any action which would
otherwise result in the Series 1993A Bonds being treated as
"private activity bonds" within the meaning of section 141(b)
of the Code;
(e) to refrain from taking any action that would result
in the Series 1993A Bonds being "federally guaranteed" within
the meaning of section 149(b) of the Code;
(f) to refrain from using any portion of the proceeds of
the Series 1993A Bonds, directly or indirectly, to acquire or
to replace funds which were used, directly or indirectly, to
acquire investment property (as defined in section 148(b)(2)
of the Code) which produces a materially higher yield over~the
term of the Series 1993A Bonds, other than investment-fir y
acquired with -- O~~1Ci~L RAC RD
CITY SEC~~TA~Y
-Z 1- , FT. WORT~l, T~(.
interest on the Series 1993A Bonds under section 103 of the Code.
In the event that regulations or rulings are hereafter promulgated
which impose additional requirements which are applicable to the
Series 1993A Bonds, the Issuer agrees to comply with the additional
requirements to the extent necessary, in the opinion of nationally-
recognized bond counsel, to preserve the exemption from federal
income taxation of interest on the Series 1993A Bonds under section
103 of the Code. In furtherance of such intention, the City hereby
authorizes and directs the Mayor, the City Manager, the Assistant
City Manager/Director of Fiscal Services and the City Treasurer to
execute any documents, certificates or reports required by the
Code, and to make such elections on behalf of the City which may be
permitted by the Code, as are consistent with the purpose for the
issuance of the Series 1993A Bonds.
In order to facilitate compliance with the above covenants (h)
and (i), a "Rebate Fund" is hereby established by the City for the
sole benefit of the United States of America, and such Fund shall
not be subject to the claim of any other person, including without
limitation the bondholders. The Rebate Fund is established for the
additional purpose of compliance with section 148 of the Code.
15. The Series 1993A Bonds initially shall be issued and
delivered in such manner that no physical distribution of the
Series 1993A Bonds will be made to the public, and The Depository
Trust Company ("DTC"), New York, New York, initially will act as
depository for the Series 1993A Bonds. DTC has represented that it
is a limited purpose trust company incorporated under the laws of
the State of .New York, a member of the Federal Reserve System, a
"clearing corporation" within the meaning of the New York Uniform
Commercial Code, and a "clearing agency" registered under Section
17A of the Securities Exchange Act of 1934, as amended, and the
City accepts, but in no way verifies, such representations. The
Series 1993A Bonds initially authorized by this Ordinance shall be
delivered to and registered in the name of CEDE & CO., the nominee
of DTC. It is expected that DTC will hold the Series 1993A Bonds
on behalf of the Purchaser and its participants. So long as each
Series 1993A Bonds is registered in the name of CEDE & CO., the
Paying Agent/Registrar shall treat and deal with DTC the same in
all respects as if it were the actual and beneficial owner thereof.
It is expected that DTC will maintain a book-entry system which
will identify ownership of the Series 1993A Bonds in integral
amounts of $5,000, with transfers of ownership being effected on
the records of DTC and its participants pursuant to rules and
regulations established by them, and that the Series 1993A Bonds
initially deposited with DTC shall be immobilized and not be
further exchanged for substitute Series 1993A Bonds except as
hereinafter provided. The City is not responsible or liable for
any functions of DTC, will not be responsible for paying any fees
or charges with respect to its services, will not be responsible or
liable for maintaining, supervising, or reviewing the records of
DTC or its participants, or protecting any interests or rights of
the beneficial owners of the Series 1993A Bo be the
O~I:ICIAL R~C~"D
-23- ~ CITY SECRETARY
FT. WORTH, tE~.
duty of the DTC Participants, as defined in the Official Statement
herein approved, to make all arrangements with DTC to establish
this book-entry system, the beneficial ownership of the Series
1993A Bonds, and the method of paying the fees and charges of DTC.
The City does not represent, nor does it in any way covenant that
the .initial book-entry system established with DTC will be
maintained in the future. Notwithstanding the initial
establishment of the foregoing book-entry system with DTC, if for
any reason any of the originally delivered Series 1993A Bonds is
duly filed with the Paying Agent/Registrar with proper request for
transfer and substitution, as provided for in this Ordinance,
substitute Series 1993A Bonds will be duly delivered as provided in
this Ordinance, and there will be no assurance or representation
that any book-entry system will be maintained for such Series 1993A
Bonds. In connection with the initial establishment of the
foregoing book-entry system with DTC, the Mayor and the City
Manager are authorized to execute a "Letter of Representations"
prepared by DTC in order to implement the book-entry system
described above.
16. That the findings set forth in the preamble to this
Ordinance are hereby incorporated into the body of this Ordinance
and made a part hereof for all purposes.
17. That all ordinances and resolutions or parts thereof in
conflict herewith are hereby repealed.
18. That this Ordinance shall take effect and be in full
force and effect from and after the date of its passage, and it is
so ordained.
19. It is hereby officially found and determined that the
meeting at which this Ordinance was passed was open to the public,
and public notice of the time, place and purpose of said meeting
was given, all as required by Article ¢252-17, Vernon's Annotated
Texas Civil Statutes, as amended, ~ ,/
ATTEST:
Mayo, Q'iXy of Fort ~Oorth, Texas
1~~~
City Secretary,
City of Fort Worth, Texas
ROVED AS O D LEGALITY:
City Attorney, City of Fort
Worth, Texas
OFFICIAL RECORD
CITY SECRETARY
-24- FT. WORTH, TES
THE STATE OF TEXAS :
COUNTIES OF TARRANT AND DENTON
CITY OF FORT WORTH :
I, Alice Church, City Secretary of the City of Fort Worth, in
the State of Texas, do hereby certify that. I have compared the
attached and foregoing excerpt from the minutes
of the regular, open, .public meeting of the City Council of
the City of Fort Worth, Texas held on June 29, 1993, and ®f
Ordinance No. //.3
which was duly passed at said meeting, and that said copy is
a true and correct copy of said excerpt and the whole of
said ordinance.
In testimony whereof, I have set my hand and have hereunto
affixed the seal of said City of Fort Worth, this _th day of June,
1993.
~~o~
City Secretary of the
City of Fort Worth, Texas
(SEAL)
O~F~C~AL RECORD
CITY SECOETA~tY
fT. WOOTN, TEX.
~4
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 that it
is a valid and binding obligation of the City of Fort Worth, Texas,
payable in the manner provided by and in the ordinance authorizing
same, and said Bond has this day been registered by me.
WITNESS MY HAND and seal of office at Austin, Texas
Comptroller of Public Accounts of
the State of Texas
(SEAL)
OfFBCIAL RECORD
CITY S€CAfTAAY
FT. WORTH, TEX.
REGISTER N0.
Exhibit A
Schedule of Refunded Obligations
City of Fort Worth, Texas General Purpose Bonds, Series
1986, dated May 1, 1986, all bonds maturing on March 1 in
each of the years 2002 through 2007, inclusive,
aggregating $21,900,000 in principal amount (the "Series
1986 Bonds");
City of Fort Worth, Texas General Purpose Improvement and
Refunding Bonds, Series 1987, dated March 1, 1987., all
bonds maturing on March 1 in each of the years 2002
through 2004, inclusive, aggregating $23,595,000 in
principal amount (the "Series 1987 Bonds");
City of Fort Worth, Texas General Purpose Bonds, Series
1989, dated May 1, 1989, all bonds maturing on March 1,
2008, aggregating $1,500,000 in principal amount (the
"Series 1989 Bonds");
City of Fort Worth, Texas Certificates of Obligation,
Series 1989, dated August 1, 198.9, all certificates of
obligation maturing on March 1 in each of the years 1994
through 1996, inclusive, and 2001 through 2009,
inclusive, aggregating $8,000,000 in principal amount
(the "Series 1989 Certificates of Obligation"); and
City of Fort Worth, Texas General Purpose Bonds, Series
1990, dated December 1, 1990, all bonds maturing on March
1 in each of the years 2001 through 2006, inclusive,
aggregating $7,900,000 in principal amount (the "Series
1990 Bonds");
City of Fort Worth, Texas General Purpose Bonds, Series
1992, dated October 1, 1992, all bonds maturing on March
1 in each of the years 2004 through 2008, inclusive,
aggregating $5,000,000 in principal amount (the "Series
1992 Bonds").
OFE1CiAl RECORD
CITY SECRETARY
ET. WORTIi, T~(.