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HomeMy WebLinkAboutO-712-7-86ORDINANCE NO. 712-7-86 AN ORDINANCE authorizing the issuance of "City of Allen, Texas, General Obligation Bonds, Series 1986"; specifying the terms and fea- tures of said bonds; levying a continuing direct annual ad valorem tax for the payment of said bonds; and resolving other matters incident and related to the issuance, sale, payment and delivery of said bonds, includ- ing the approval and distribution of an Official Statement pertaining thereto; and providing an effective date. WHEREAS, the City Council of the City of Allen, Texas hereby finds and determines that $7,000,000 in principal amount of general obligation bonds approved and authorized to be is- sued at an election held on June 22, 1985 should be issued and sold at this time; a summary of the general obligation bonds authorized at said election, the principal amount authorized, amounts heretofore issued and being issued pursuant to this ordinance and amounts remaining to be issued subsequent hereto being as follows: Principal Amounts Amounts Amount Heretofore Being Amounts Purpose Authorized Issued Issued Remaining Police and $2,050,000 $ 295,000 $1,755,000 $ 0 Courts Facility Street Improvements $9,970,000 2,415,000 4,012,000 $3,543,000 and Drainage Parks $5,065,000 1,300,000 965,000 $2,800,000 Fire Fighting $ 785,000 190,000 268,000' $ 327,000 Facilities and Equipment Library Facilities $2,525,000 300,000 0 $2,225,000 AND WHEREAS, the City Council hereby reserves and re- tains the right to issue the balance of unissued bonds approved at said election in one or more installments when, in the judg- ment of the City Council, funds are needed to accomplish the purposes for which such bonds were voted; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1: Authorization - Designation - _ Principal, Amount - Purpose. General ot,ligation bonds of the City shall be and are hereby authorized to be issued in the aggregate 9 ORDINANCE NO. 712-7-86 principal amount of $7,000,000, to be designated and bear the title "City of Allen, Texas, General Obligation Bonds, Series 1986" (hereinafter referred to as the "Bonds"), for the purpose of making permanent public improvements and public purposes, to wit: $1,755,000 for constructing and equipping a police and courts facility; $4,012,000 for street improvements, including drainage incident thereto, the purchase of equipment and ma- chinery for making such improvements and the acquisition of land and right-of-way therefor; $965,000 for acquiring or im- proving, or both, land for parks; and $268,000 for constructing and equipping fire station facilities, including the purchase of land and firefighting equipment therefor, in accordance with authority conferred at the aforesaid election and in conformity with the Constitution and laws of the State of Texas. SECTION 2: Fully Registered Obligations - Bond Date - Authorized Denominations - Stated Maturities - Interest Rates. The Bonds shall be issued as fully registered obligations only, shall be dated August 1, 1986 (the "Bond Date"), shall be in denominations of $5,000 or any integral multiple (within a Stated Maturity) thereof, and shall become due and payable on September 1 in each of the years and in principal amounts (the "Stated Maturities") and bear interest at the rate(s) per annum in accordance with the following schedule: Year of Principal Interest Stated Maturity Amount Rate(s) 1988 100,000 10.00 1989 100,000 10.00 1990 150,000 10.00 1991 150,000 10.00 1992 200,000 10.00 1993 200,000 9.50 1994 250,000 9.50 1995 250,000 9.50 1996 300,000 9.50 1997 300,000 7.50 1998 350,000 7.60 1999 350,000 7.70 2000 400,000 7.75 2001 520,000 7.80 2002 565,000 7.85 2003 615,000 7.90 2004 675,000 7.95 2005 730,000 8.00 2006 795,000 7.75 The Bonds shall bear interest on the unpaid principal amounts from the Bond Date at the rate(s) per annum shown above in this Section (calculated on the basis of a 360 -day year of -2- ORDINANCE NO.-712-7-86— twelve O.712-7-86 twelve 30 -day months). Interest on the Bonds shall be payable on September 1 and March 1 in each year, commencing March 1, 1987. SECTION 3: Terms of Payment - Paying Agent/Registrar. The principal of, premium, if any, and the interest on the Bonds, due and payable by reason of maturity, redemption or otherwise, shall be payable only to the registered owners or holders of the Bonds (hereinafter called the "Holders") appear- ing on the registration and transfer books (the "Security Register") maintained by the Paying Agent/Registrar and the payment thereof shall be in any coin or currency of the United States of America, which at the time of payment is legal tender for the payment of public and private debts, and shall be with- out exchange or collection charges to the Holders. The selection and appointment of MBank Dallas, N.A., Dallas, Texas to serve as Paying Agent/Registrar for the Bonds is hereby approved and confirmed. The City covenants to main- tain and provide a Paying Agent/Registrar at all times until the Bonds are paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial in- stitution or other entity qualified and authorized to serve in such capacity and perform the duties and services of Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Bonds, the City agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of and premium, if any, on the Bonds shall be payable at the Stated Maturities or the redemption thereof, only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its principal office. Interest on the Bonds shall be paid to the Holders whose name appears in the Security Register at the close of business on the Record Date (the fif- teenth day of the month next preceding each interest payment date) and shall be paid by the Paying Agent/Registrar (i) by check sent United States Mail, first class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by such other method, acceptable to the Paying Agent/ Registrar, requested by, and at the risk and expense of, the Holder. If the date for the payment of the principal of or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next 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. -3- ORDINANCE NO. 712-7-86 In the event of a nonpayment of interest on a scheduled payment date, and for thirty (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 City. Notice of the Special Record Date and of the sched- uled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. SECTION 4: Redemption. (a) Optional Redemption. The Bonds having Stated Maturities on and after September 1, 1999, shall be subject to redemption prior to maturity, at the option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on September 1, 1998 or on any interest payment date thereafter at the redemp- tion price of par plus accrued interest to the date of redemption. (b) Exercise of Redemption Option. At least forty- five (45) days prior to a redemption date for the Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of the decision to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date of redemption therefor. The decision of the City to exercise the right to redeem Bonds shall be entered in the minutes of the governing body of the City. (c) Selection of Bonds for Redemption. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall treat such Bonds as representing the number of Bonds Outstanding which is obtained by dividing the principal amount of such Bonds by $5,000 and shall select the Bonds to be redeemed with- in such Stated Maturity by lot. (d) Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, a notice of redemption shall be sent by United States Mail, first class postage lrepaid, in the name of the City and at the City's expense, to each Holder of a Bond to be redeemed in whole or in part at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. -4- ORDINANCE NO. 712-7-86 All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify the Bonds to be re- deemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the re- demption price for the Bonds, or the principal amount thereof to be redeemed, shall be made at the principal office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. If a Bond is subject by its terms to prior redemption and has been called for redemption and notice of redemption thereof has been duly given as hereinabove pro- vided, such Bond (or the principal amount thereof to be re- deemed) shall become due and payable and interest thereon shall cease to accrue from and after the redemption date therefor; provided moneys sufficient for the payment of such Bond (or of the principal amount thereof to be redeemed) at the then appli- cable redemption price are held for the purpose of such payment by the Paying Agent/Registrar. SECTION 5: Registration - Transfer - Exchange of Bonds - Predecessor Bonds. A Security Register relating to the regis- tration, payment, and transfer or exchange of the Bonds shall at all times be kept and maintained by the City at the princi- pal office of the Paying Agent/Registrar, as provided herein and in accordance with the provisions of an agreement with the Paying Agent/Registrar an? such rules and regulations as the Paying Agent/Registrar and the City may prescribe. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of each and every owner of the Bonds issued under and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any Bond may be transferred or exchanged for Bonds of other autho- rized denominations by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfac- tory to the Paying Agent/Registrar. Upon surrender of any Bond for transfer at the principal office of the Paying Agent/Registrar, the Paying Agent/ Registrar shall register and deliver, in the name of the desig- nated transferee or transferees, one or more new Bonds of authorized denominations and having the same Stated Maturity and of a like aggregate principal amount as the Bond or Bonds surrendered for transfer. -5- ORDINANCE NO. 712-7-86 At the option of the Holder, Bonds may be exchanged for other Bonds of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for ex- change, upon surrender of the Bonds to be exchanged at the principal office of the Paying Agent/ Registrar. Whenever any Bonds are surrendered for exchange, the Paying Agent/Registrar shall register and deliver new Bonds to the Holder requesting the exchange. All Bonds issued in any transfer or exchange of Bonds shall be delivered to the Holders at the principal office of the Paying Agent/Registrar or sent by United States Mail, first class, postage prepaid to the Holders, and, upon the registra- tion and delivery thereof, the same shall be the valid obliga- tions of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Bonds surrendered in such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any tax or other gov- ernmental charges required to be paid with respect to such transfer or exchange. Bonds cancelled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be "Predecessor Bonds," evidencing all or a portion, as the case may be, of the same obligation to pay evidenced by the new Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Bonds" shall include any mutilated, lost, destroyed, or stolen Bond for which a replacement Bond has been issued, registered and deliv- ered in lieu thereof pursuant to the provisions of Section 10 hereof and such new replacement Bond shall be deemed to evi- dence the same obligation as the mutilated, lost, destroyed, or stolen Bond. Neither the City nor the Paying Agent/ Registrar shall be required to issue or transfer to an assignee of a Holder any Bond called for redemption, in whole or in part, within 45 days of the date fixed for the redemption of such Bond; provided, however, such limitation on transferability shall not be appli- cable to an exchange by the Holder of the unredeemed balance of a Bond called for redemption in part. SECTION 6: Execution - Registration. The Bonds shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and countersigned by the City Secretary. The signature of said officers on the Bonds may be WE ORDINANCE NO. 712-7-86 manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who are or were the proper officers of the City on the Bond Date shall be deemed to be duly exe- cuted on behalf of the City, notwithstanding that such individ- uals or either of them shall cease to hold such offices at the time of delivery of the Bonds to the initial purchaser(s) and with respect to Bonds delivered in subsequent exchanges and transfers, all as authorized and provided in the Bond Procedures Act of 1981, as amended. No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of reg- istration substantially in the form provided in Section 8C, manually executed by the Comptroller of Public Accounts of the State of Texas, or his duly authorized agent, or a certificate of registration substantially in the form provided in Section 8D, manually executed by an authorized officer, employee or representative of the Paying Agent/Registrar, and either such certificate duly signed upon any Bond shall be conclusive evi- dence, and the only evidence, that such Bond has been duly certified, registered and delivered. SECTION 7: Initial Bond(s). The Bonds herein autho- rized shall be initially issued either (i) as a single fully registered bond in the total principal amount of $7,000,000 with principal installments to become due and payable as pro- vided in Section 2 hereof and numbered T-1, or (ii) as nineteen fully registered bonds, being one bond for each year of maturi- ty in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (hereinafter called the "Initial Bond(s)") and, in either case, the Initial Bond(s) shall be registered in the name of the initial pur- chaser(s) or the designee thereof. The Initial Bond(s) shall be the Bonds submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the initial purchaser(s). Any time after the delivery of the Initial Bond(s), the Paying Agent/ Registrar, pursuant to written instructions from the initial purchaser(s), or the designee thereof, shall cancel the Initial Bond(s) delivered hereunder and exchange therefor definitive Bonds of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchaser(s), or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 8: Forms. A. Forms Generally. The Bonds, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of -7- ORDINANCE NO. 712-7-86 Paying Agent/Registrar, and the form of Assignment to be printed on each of the Bonds, shall be substantially in the forms set forth in this Section with such appropriate inser- tions, omissions, substitutions, and other variations as are permitted or required by this Ordinance and may have such let'- ters, numbers, or other marks of identification (including identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of counsel) thereon as may, consis- tently herewith, be established by the City or determined by the officers executing such Bonds as evidenced by their execu- tion. Any portion of the text of any Bonds may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond. The definitive Bonds shall be printed, lithographed, or engraved or produced in any other similar manner, all as deter- mined by the officers executing such Bonds as evidenced by their execution, but the Initial Bond(s) submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. B. Form of Definitive Bond. REGISTERED REGISTERED NO. $ Bond Date: August 1, 1986 UNITED STATES OF AMERICA STATE OF TEXAS CITY OF ALLEN, TEXAS, GENERAL OBLIGATION BOND, SERIES 1986 Interest Rate: Stated Maturity: CUSIP NO: Registered Owner: Principal Amount: DOLLARS The City of Allen, Texas (hereinafter referred to as the "City"), a body corporate and political subdivision in the County of Collin, State of Texas, for value received, acknowl- edges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, on the Stated Maturity date specified above the Principal Amount hereinabove stated (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid principal amount hereof from the Bond Date at the per annum rate of interest specified above computed ORDINANCE NO. 712-7-86 on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on September 1 and March 1 in each year, commencing March 1, 1987. Principal of this Bond is payable at its Stated Maturity or redemption to the registered owner here- of, upon presentation and surrender, at the principal office of the Paying Agent/Registrar executing the registration certifi- cate appearing hereon, or its successor. Interest is payable to the registered owner of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the fifteenth day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. This Bond is one of the series specified in its title issued in the aggregate principal amount of $7,000,000 (herein referred to as the "Bonds") for the purpose of making permanent public improvements and public purposes, to wit: $1,755,000 for constructing and equipping a police and courts facility; $4,012,000 for street improvements, including drainage incident thereto, the purchase of equipment and machinery for making such improvements and the acquisition of land and right-of-way therefor; $965,000 for acquiring or improving, or both, land for parks; and $268,000 for constructing and equipping fire station facilities, including the purchase of land and fire- fighting equipment therefor, under and in strict conformity with the Constitution and laws of the State of Texas and pursu- ant to an Ordinance adopted by the City Council of the City (herein referred to as the "Ordinance"). The Bonds maturing on and after September 1, 1999, may be redeemed prior to their Stated Maturities, at the option of the City, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying Agent/Registrar), on September 1, 1998, or on any interest payment date thereafter, at the redemption price of par, together with accrued interest to the date of redemption and upon 30 days prior written notice being sent by United States Mail, first class postage prepaid, to the regis- tered owners of the Bonds to be redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance. If this Bond (or any portion of the principal sum hereof) shall have been duly called for redemption and notice ORDINANCE NO. 712-7-86 of such redemption duly given, then upon such redemption date this Bond (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and interest thereon shall cease to accrue from and after the redemption date there- for, provided moneys for the payment of the redemption price and *he interest on the principal amount to be redeemed to the date of redemption are held for the purpose of such payment by the Paying Agent/Registrar. In the event of a partial redemption of the principal amount of this Bond, payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of this Bond to the Paying Agent/Registrar at its principal office and there shall be issued, without charge therefor to the registered owner hereof, a new Bond or Bonds of like maturity and interest rate in any authorized denominations provided by the Ordinance for the then unredeemed balance of the principal sum hereof. If this Bond is selected for redemption, in whole or in part, the City and the Paying Agent/Registrar shall not be required to transfer this Bond to an assignee of the registered owner within 45 days of the redemption date therefor; provided, however, such limita- tion on transferability shall not be applicable to an exchange by the registered owner of the unredeemed balance hereof in the event of its redemption in part. The Bonds are payable from the proceeds of an ad valorem tax levied, within the limitations prescribed by law, upon all taxable property in the City. Reference is hereby made to the Ordinance, a copy of which is on file in the principal office of the Paying Agent/Registrar, and to all of the provisions of which the owner or holder of this Bond by the acceptance hereof hereby assents, for definitions of terms; the description of and the nature and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the transfer or exchange of this Bond; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be discharged at or prior to its maturity or redemption, and deemed to be no longer Outstanding there- under; and for other terms and provisions contained therein. Capitalized terms used herein have the meanings assigned in the Ordinance. This Bond, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register only upon its presentation and surrender at the principal office of the Paying Agent/Registrar, with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly exe- cuted by, the registered owner hereof, or his duly authorized -10- ORDINANCE NO. 712-7-86 agent. When a transfer on the Security Register occurs, one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the registered owner whose name appears on the Security Register (i) on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Bond as the owner entitled to payment of principal hereof at its Stated Maturity or its redemption, in whole or in part, and (iii) on any other date as the owner for all other purposes, and neither the City nor the Paying Agent/ Registrar, or any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty (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 re- ceived from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, recited, represented and de- clared that the City is a body corporate and political subdivi- sion duly organized and legally existing under and by virtue of the Constitution and laws of the State of Texas; that the issu- ance of the Bonds is duly authorized by law; that all acts, conditions and things required to exist and be done precedent to and in the issuance of the Bonds to render the same lawful and valid obligations of the City have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that the Bonds do not exceed any Constitutional or statutory limitation; and that due provi- sion has been made for the payment of the principal of and interest on the Bonds by the levy of a tax as aforestated. In case any provision in this Bond shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. -11- ORDINANCE NO. 712-7-86 IN WITNESS WHEREOF, the City Council of the City has caused this Bond to be duly executed under the official seal of the City as of the Bond Date. City of Allen, Texas COUNTERSIGNED: Mayor City Secretary (SEAL) C. *Form of Registration Certificate of Comptroller of Public Accounts to appear on Initial Bond(s) only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS ( REGISTER NO. THE STATE OF TEXAS I HEREBY CERTIFY that this Bond has been examined, cer- tified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. (SEAL) WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas D. Form of Certificate of Paying Agent/Registrar to appear on Definitive Bonds only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Bond has been duly issued and registered under the provisions of the within -mentioned Ordinance; the bond or bonds -12- 0 ORDINANCE NO. 712-7-86 of the above entitled and designated series originally deliv- ered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registration Date: MBank Dallas, N.A., Dallas, Texas, as Paying Agent/Registrar By Authorized Signature *NOTE TO PRINTER: Do Not Print on Definitive Bonds E. Form of Assignment. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, as- signs, and transfers unto (Print or typewrite name, address, andzip code of transferee:).................................. ................................................................ ................................................................ (Social Security or other identifying number. ................. ................ .) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints ............... ................................................................ attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: ..................... Signature guaranteed: ................................ NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. F. The Initial Bond(s) shall be in the form set forth in paragraph B of this Section, except that the form of the single fully registered Initial Bond shall be modified as follows: (i) immediately under the name of the bond the head- ings "Interest Rate is and "Stated Maturity shall both be completed "as shown below"; (ii) Paragraph one shall read as follows: Registered Owner: Principal Amount: -13- Dollars ORDINANCE NO. 71,2-7-86 The City of Allen, Texas (hereinafter referred to as the "City"), a body corporate and municipal corporation in the County of Collin, State of Texas, for value received, acknowl- edges itself indebted to and hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount hereinabove stated on September 1 in each of the years and in principal installments in accordance with the following schedule: YEAR OF PRINCIPAL INTEREST MATURITY INSTALLMENTS RATE (Information to be inserted from schedule in Section 2 hereof). (or so much principal thereof as shall not have been prepaid prior to maturity) and to pay interest on the unpaid Principal Amount hereof from the Bond Date at the per annum rates of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on September 1 and March 1 in each year, commencing March 1, 1987. Principal installments of this Bond is payable in the year of maturity or on a prepayment date to the registered owner here- of, upon its presentation and surrender, at the principal of- fice of MBank Dallas, N.A., Dallas, Texas (the "Paying Agent/ Registrar"). Interest is payable to the registered owner of this Bond whose name appears on the "Security Register" main- tained by the Paying Agent/Registrar at the close of business on the "Record Date", which is the fifteenth day of the month next preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United States Mail, first class postage prepaid, to the address of the registered owner recorded in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, re- quested by, and at the risk and expense of, the registered owner. All payments of principal of, premium, if any, and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. SECTION 9: Levy of Taxes. To provide for the payment of the "Debt Service Requirements" of the Bonds, being (i) the interest on the Bonds and (ii) a sinking fund for their redemp- tion at maturity or a sinking fund of 2% (whichever amount is the greater), there is hereby levied, and there shall be annu- ally assessed and collected in due time, form, and manner, a tax on all taxable property in the City, within the limitations prescribed by law, and such tax hereby levied on each one hun- dred dollars' valuation of taxable property in the City for the Debt Service Requirements of the Bonds shall be at a rate from year to year as will be ample and sufficient to provide funds each year to pay the principal of and interest on said Bonds -14- ORDINANCE NO. 712-7-86 while Outstanding; full allowance being made for delinquencies and costs of collection; separate books and records relating to the receipt and disbursement of taxes levied, assessed and collected for and on account of the Bonds shall be kept and maintained by the City at all times while the Bonds are Outstanding, and the taxes collected for the payment of the Debt Service Requirements on the Bonds shall be deposited to the credit of a "Special 1986 Bond Account" (the "Interest and Sinking Fund") maintained on the records of the City and depos- ited in a special fund maintained at an official depository of the City's funds; and such tax hereby levied, and to be as- sessed and collected annually, is hereby pledged to the payment of the Bonds. Proper officers of the City are hereby authorized and directed to cause to be transferred to the Paying Agent/ Registrar for the Bonds, from funds on deposit in the Interest and Sinking Fund, amounts sufficient to fully pay and discharge promptly each installment of interest and principal of the Bonds as the same accrues or matures or comes due by reason of redemption prior to maturity; such transfers of funds to be made in such manner as will cause collected funds to be depos- ited with the Paying Agent/Registrar on or before each princi- pal and interest payment date for the Bonds. SECTION 10: Mutilated - Destroyed - Lost and Stolen Bonds. In case any Bond shall be mutilated, or destroyed, lost or stolen, the Paying Agent/Registrar, subject to City approval and in its discretion, may execute and deliver a replacement Bond of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Bond, or in lieu of and in substitution for such destroyed, lost or stolen Bond, only upon (i) the filing by the Holder thereof with the Paying Agent/ Registrar of evidence satisfactory to the Paying Agent/ Registrar of the destruction, loss or theft of such Bond, and of the authenticity of the ownership thereof and (ii) the fur- nishing to the Paying Agent/Registrar of indemnification in an amount satisfactory to hold the City and the Paying Agent/ Registrar harmless. All expenses and charges associated with such indemnity and with the preparation, execution and delivery of a replacement Bond shall be borne by the Holder of the Bond mutilated, or destroyed, lost or stolen. Every replacement Bond issued pursuant to this Section shall be a valid and binding obligation, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds; notwithstanding the enforceability of payment by anyone of the destroyed, lost, or stolen Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawfu ) all other rights and remedies -15- ORDINANCE NO. 712-7-86 with respect to the replacement and payment of mutilated, de- stroyed, lost or stolen Bonds. SECTION 11: Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipu- lated in this Ordinance, then the pledge of taxes levied under this Ordinance and all covenants, agreements, and other obliga- tions of the City to the Holders shall thereupon cease, termi- nate, and be discharged and satisfied. Bonds or any principal amount(s) thereof shall be deemed to have been paid within the meaning and with the effect ex- pressed above in this Section when (i) money sufficient to pay in full such Bonds or_the principal amount(s) thereof at matu- rity or to the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/ Registrar, or an authorized escrow agent, which Government Securities have been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without rein- vestment, of sufficient money, together with any moneys depos- ited therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of re- demption has been duly given or waived or if irrevocable ar- rangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof. The City cove- nants that no deposit of moneys or Government Securities will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as "arbitrage bonds" within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, or regulations adopted pursuant thereto. Any moneys so deposited with the Paying Agent/ Registrar, or an authorized escrow agent, and all income from Government Securities held in trust by the Paying Agent/ Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Bonds, or any principal amount(s) thereof, or interest thereon with re- spect to which such moneys have been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of four (4) years after the Stated Maturity, or applicable redemption date, of the Bonds -16- ORDINANCE NO. 712-7-86 such moneys were deposited and are held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor. The term "Government Securities", as used herein, means direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America, which are non -callable prior to the respec- tive Stated Maturities of the Bonds and may be United States Treasury Obligations such as the State and Local Government Series and may be in book -entry form. SECTION 12: Ordinance a Contract - Amendments - Outstanding Bonds. This Ordinance shall constitute a contract with the Holders from time to time, be binding on the City, and shall not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, includ- ing the curing of any ambiguity, inconsistency, or formal de- fect or omission herein. In addition, the City may, with the consent of Holders holding a majority in aggregate principal amount of the Bonds then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and interest on the Bonds, reduce the principal amount thereof, the redemption price therefor, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of, premium, if any, or interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the aggregate principal amount of Bonds required to be held by Holders for consent to any such amend- ment, addition, or rescission. The term "Outstanding" when used in this Ordinance with respect to Bonds means, as of the date of determination, all Bonds theretofore issued and delivered under this Ordinance, except: (1) those Bonds cancelled by the Paying Agent/Registrar or delivered to the Paying Agent/ Registrar for cancellation; (2) those Bonds deemed to be duly paid by the City in accordance with the provisions of Section 11 hereof by the irrevocable deposit with the Paying Agent/Registrar, or an authorized escrow agent, of money or Government Securities, or both, in the amount necessary to fully pay the principal -17- ORDINANCE NO. 712-7-86 of, premium, if any, and interest thereon to matu- rity or redemption, as the case may be, provided that, if such Bonds are to be redeemed, notice of redemption thereof shall have been duly given pur- suant to this Ordinance or irrevocably provided to be given to the satisfaction of the Paying Agent/ Registrar, or waived; and (3) those mutilated, destroyed, lost, or stolen Bonds which have been replaced with Bonds registered and delivered in lieu thereof as pro- vided in Section 10 hereof. SECTION 13: No -Arbitrage Certification. The City here- by certifies and covenants that the proceeds of the Bonds are needed at this time for the purposes identified in Section 1 hereof; based on current facts, estimates and circumstances, it is reasonably expected all of the spendable proceeds of the Bonds will be expended within three years from the date of the receipt thereof by the City; it is not reasonably expected the proceeds of the Bonds or moneys deposited in the Interest and Sinking Fund created for the payment of the Bonds will be used or invested in a manner that would cause the Bonds to be "arbi- trage bonds" within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, or any regulations or published rulings pertaining thereto; and save and except for the Interest and Sinking Fund, no other funds or accounts have been established or pledged for the payment of the Bonds. SECTION 14: Sale of the Bonds. The sale of the Bonds to SchnPider Bernet (herein referred to as the "Purchasers") at the price of par and accrued inter- est to the date of delivery plus a premium of $ -0- is hereby approved and confirmed. Delivery of the Bonds to the Purchasers shall occur as soon as possible upon payment being made therefor in accordance with the terms of sale. SECTION 15: Control and Custody of Bonds. The Mayor of the City shall be and is hereby authorized to take and have charge of all necessary orders and records pending investiga- tion by the Attorney General of the State of Texas, including the printing and supply of definitive Bonds, and shall take and have charge and control of the Initial Bond(s) pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts and the delivery thereof to the Purchasers. Furthermore, the Mayor and City Secretary of the City and the Director of Finance, any one or more of said officials, are hereby authorized and directed to furnish and execute such documents relating to the City and its financial affairs as may be necessary for the issuance of the Bonds, the approval of the -18- T ORDINANCE NO. 712-7-86 Attorney General and the registration by the Comptroller of Public Accounts and, together with the City's financial advis- or, bond counsel and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Bond(s) to the Purchasers and the initial exchange thereof for defini- tive Bonds. SECTION 16: Official Statement. The Official Statement prepared in the initial offering and sale of the Bonds by the City, together with all addendas, supplements and amendments thereto issued on behalf of the City, is hereby approved as to form and content, and the City Council hereby finds that the information and data contained in said Official Statement per- taining to the City and its financial affairs is true and cor- rect in all material respects and no material facts have been omitted therefrom which are necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The use of such Official Statement in the reoffering of the Bonds by the Purchasers is hereby approved and authorized. SECTION 17: Notices to Holders - Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to the address of each Holder appearing in the Security Register at the close of busi- ness on the business day next preceding the mailing of such notice. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Bonds. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any ac- tion taken in reliance upon such waiver. SECTION 18: Cancellation. All Bonds surrendered for payment, redemption, transfer, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly cancelled by it and, if surrendered to the City, shall be de- livered to the Paying Agent/Registrar and, if not already can- celled, shall be promptly cancelled by the Paying Agent/ Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in -19- ORDINANCE NO. 712-7-86 any manner whatsoever, and all Bonds so delivered shall be promptly cancelled by the Paying Agent/Registrar. All can- celled Bonds held by the Paying Agent/Registrar shall be re- turned to the City. SECTION 19: Printed Opinion. The Purchasers' obliga- tion to accept delivery of the Bonds is subject to being fur- nished a final opinion of Fulbright & Jaworksi, Dallas, Texas, approving the Bonds as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for the Bonds. Printing of a true and correct reproduction of said opinion on the reverse side of each of the definitive Bonds is hereby approved and authorized. SECTION 20: CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP num- bers on the definitive Bonds shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving the Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds. SECTION 21: Benefits of Ordinance. Nothing in this Ordinance, expressed or implied, is intended or shall be con- strued to confer upon any person other than the City, the Paying Agent/Registrar and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive bene- fit of the City, the Paying Agent/Registrar and the Holders. SECTION 22: Inconsistent Provisions. All ordinances, orders or resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the mat- ters contained herein. SECTION 23: Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 24: Effect of Headings. The Section headings herein are for convenience only and shall not affect the con- struction hereof. SECTION 25: Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine or neuter gender shall be considered to include the other genders. -20- A ORDINANCE NO. 712-7-86 SECTION 26: Severability. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 27: Public Meetin determined, and declared that Ordinance is adopted was open to of the time, place, and subject to be considered at such meeting, given, all as required by Article Statutes, as amended. I. It is officially found, the meeting at which this the public and public notice matter of the public business including this Ordinance, was 6252-17, Vernon's Texas Civil SECTION 28: Effective Date. This Ordinance shall be in force and effect from and after its passage on the date shown below and it is so ordained. PASSED AND ADOPTED, this July 29, 1986. City of Allen, Texas B.- I mt Mayo ATTEST: City Secretary (City Seal) 2 1 3 1 E -21- AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Char nard, Jr. BEFORE ME, the undersigned authority, on this day personally appeared , who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing Public Notice - Ord. #712-7-86 & #714-7-86 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on August 10, & 13, 1986 and which was issued on 8-10-86 , by City of Allen of Collin County, Texas. A printed copy of said publication is a ache ret 11th Sep ember 86 SUBSCRIBED AND SWORN to before me this day of , A.D. 19 Publisher's Fee s 38.40 Notary Pudik in and for Collin County, -Texas "CITY'OF A-LLEN IT P IC NOTIC J(To be published nn the ,. lAllen American Sunday. Noticer Is er givenIAug 10." 1986 and That the following; ordi-,.Wednesday, August 13, r)ances -were adopted by 1�86J _ the Allen City Council in a -ailed'— special session held on Tuesday. July 29, 1986 (Titles only) Ordinance No. 712-7-86 An Ordinance Authorizing the. Issuance of "City of Allen; Texas, General Obli- gation Bonds, Series 1986": Specifying the Terms and Features of Said', Bonds: Levying a Continu- ing Direct Annual Ad Valorem Tax for the Payment of Said Bonds; and Resolving Other Matters Incident and Related to ,the Issuance, Sale, Payment and Deliv- ery of Said Bonds, Includ- ing the Approval and Q:stn- bution of an Official State- ment Pertaining Tt*reto: and Providing an Ef,, ctive Date. Ordinance No. 714-7-86: An Ordinance Authorizing the Issuance of "City of Allen, Texas. ,Waterworks and Sewer System Revenue Bonds, Series j1986": Specifying the Terms and Features of Said Bonds: Pledging the. Net Revenues of the City's Combined Waterworks and Sanitary Sewer System to the Payment of the Princi- pal of and Interest on Said Bonds: Enacting Provisions Incident and Related to the Issuance. Payment, Security and Delivery of Said Bonds, Including the Approval and Distribution of an Official Statement `Pertaining Thereto, and (Providing an Effective A copy of these ordi- inces maybe read or uchased in the office of e City Secretary, Allen unicipal Annex, One atter Circle, Allen, Texas. e Marty Hendrix. CMC CITY OF ALLEN that the following ordi- nances were adopted by the Allen City Council In a called -- spacial session Mid on Tuesday, July 29, 1988 (Titles only:) Oidinanc6Ao. 712-746: An Ordinance AutMN=Inp the Issuance of "Cityy of Allan, Texas, Gomm pation Bonds; Series 19881% Specifying the Terms and Features of Said Bondi Levying a Condnu- Ing Direct Annual Ad Valorem Tax for the Payment. of 'Said eondsf 'and Resolving Other Matters Incident 'and 'Related to the Issuance, Bele, Payment and Dolly- Ie ftAid m, 1 button of in Official $lata merit Pertaining Thereto;' and Providing an tlfaotivo Data, I Ordinance No, 714.7.86 An Ordinana_Auttarhing" the Issuance of "City of Allen, Texas, Waterworks, and Sewer System Revenue Bonds, Series 1986"; Specifying the Tern and Features of Said Bonds; Pledging the Net Revenues of the City's Combined Waterworks and Sanitary Sewer System lo the Payment of the i'rinci pal of and Interest on' Sall Bonds; Enacting Provisions ktcident and Related to the Issuance, Payment, Security and Delivery of Said, Bonds, Inick V, the Approval and DWributlon of an Official Statement (Pertaining Thereto; and Providing an Effective A copy of these ordi- nances may be reed or purchased in the office of the City Secretary, Allen' Municipal Annex, One' Butler Circle, Allen, Texas. To be Published in thr Men American Sunday 'ug --10', 1986 anc Wednesday; August 13,