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R-1119-7-92" 1 RESOLUTION NO. 1119-7-92R A RESOLUTION providing for the redemption of certain outstanding obligations of the City; and resolving other matters incident and related to the redemption of such obligations. WHEREAS, pursuant to ordinances passed and adopted by the City Council of the City of Allen, Texas, the following described obligations were duly authorized to be issued and are currently outstanding, to wit: (1) City of Allen, Texas, Waterworks and Sewer System Revenue Bonds, Series 1972, dated June 1, 1972, aggregating in principal amount $790,000, and scheduled to mature on June 1, 1993 through June 1, 2003; (2) City of Allen, Texas, Waterworks and Sewer System Revenue Bonds, Series 1979, dated August 1, 1979, aggregating in principal amount $1,010,000, and scheduled to mature on June 1, 2000 through June 1, 2009; (3) City of Allen, Texas, Waterworks and Sewer System Revenue Bonds, Series 1985, dated September 1, 1985, aggregating in principal amount $1,480,000, and scheduled to mature on June 1, 1996 through June 1, 2000; (4) City of Allen, Texas, Waterworks and Sewer System Revenue Bonds, Series 1986, dated August 1, 1986, aggregating in principal amount $1,405,000, and scheduled to mature on June 1, 1997 through June 1, 2006; AND WHEREAS, the above identified obligations were authorized, issued, sold and delivered subject to the right and authority of the City to redeem the same prior to maturity, as provided in the respective authorizing ordinances and in said obligations; and WHEREAS, in connection with the advance refunding of the above described obligations, the Council hereby finds and determines that obligations of the respective series should be redeemed prior to'their maturities on the dates and in the manner hereinafter provided and in accordance with the requirements prescribed therefor and notice of redemption of such obligations should be approved and authorized to be given at this time by the Council; now, therefore, 0019338 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1: The bonds of that series known as "City of Allen, Texas, Waterworks and Sewer System Revenue Bonds, Series 197211, dated June 1, 1972, being bonds numbered 143 through 300, each in the denomination of $5,000, and maturing in the years 1993 through 2003, and aggregating in principal amount $790,000, shall be redeemed and the same are hereby called for redemption on December 1, 1992, at the price of par and accrued interest to the date of redemption. The City Secretary is hereby authorized and directed to cause a notice of redemption to be filed with Ameritrust Texas National Association (successor paying agent to Mercantile National Bank at Dallas), the "paying agent", which notice of redemption shall be substantially in the form and content of Exhibit A attached hereto and incorporated herein by reference as a part of this resolution for all purposes. SECTION 2: The bonds of that series known as "City of Allen, Texas, Waterworks and Sewer System Revenue Bonds, Series 197911, dated August 1, 1979, being bonds numbered 59 through 260, each in the denomination of $5,000, and maturing in the years 2000 through 2009, and aggregating in principal amount $1,010,000, shall be redeemed and the same are hereby called for redemption on June 1, 1999, at the price of par and accrued interest to the date of redemption. The City Secretary is hereby authorized and directed to cause a notice of redemption to be filed with Ameritrust Texas National Association (successor paying agent to Mercantile National Bank at Dallas), the "paying agent", which notice of redemption shall be substantially in the form and content of Exhibit B attached hereto and incorporated herein by reference as a part of this resolution for all purposes. SECTION 3: The bonds of that series known as "City of Allen, Texas, Waterworks and Sewer System Revenue Bonds, Series 198511, dated September 1, 1985, maturing in the years 1996 through 2000, and aggregating in principal amount $1,480,000, shall be redeemed and the same are hereby called for redemption on June 1, 1995, at the price of par and accrued interest to the date of redemption. The City Secretary is hereby authorized and directed to file a copy of this resolution, together with a suggested form of notice of redemption to be filed with bondholders, with Ameritrust Texas National Association (successor paying agent/registrar to MBank Dallas, N.A.), in accordance with the redemption provisions applicable to such bonds; such suggested form of notice of redemption being attached hereto as Exhibit C and incorporated herein by reference as a part of this resolution for all purposes. 0019338 -2- SECTION 4: The bonds of that series known as "City of Allen, Texas, Waterworks and Sewer System Revenue Bonds, Series 1986111 dated August 1, 1986, maturing in the years 1997 through 2006, and aggregating in principal amount $1,405,000, shall be redeemed and the same are hereby called for redemption on June 1, 1996, at the price of par and accrued interest to the date of redemption. The City Secretary is hereby authorized and directed to file a copy of this resolution, together with a suggested form of notice of redemption to be filed with bondholders, with Ameritrust Texas National Association (successor paying agent/registrar to MBank Dallas, N.A.), in accordance with the redemption provisions applicable to such bonds; such suggested form of notice of redemption being attached hereto as Exhibit D and incorporated herein by reference as a part of this resolution for all purposes. SECTION 5: The redemption of the obligations described above being associated with the advance refunding of such obligations, the approval, authorization and arrangements herein given and provided for the redemption of such obligations on the redemption dates designated therefor and in the manner provided shall be irrevocable; and the City Secretary is hereby authorized and directed to make all arrangements necessary to notify the holders of such obligations of the City's decision to redeem such obligations on the dates and in the manner herein provided and in accordance with the ordinances authorizing the issuance of the obligations. PASSED AND ADOPTED, this July 20, 1992. CITY OF ALLEN, TEXAS 06e 7-64�� Mayor ATTEST: ciV Sec Wary (City Seal) 0019338 -3- EXHIBIT A NOTICE OF REDEMPTION CITY OF ALLEN, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS SERIES 1972 DATED JUNE 1, 1972 NOTICE IS HEREBY GIVEN that the City of Allen, Texas has called for redemption on December 1, 1992, the bonds of the series described above and further identified as follows: Bonds numbered 143 through 300, each in the denomination of $5,000, aggregating in principal amount $790,000, and scheduled to mature on June 1 in each of the years 1993 through 2003. NOTICE IS FURTHER GIVEN that due and proper arrangements have been made for providing Ameritrust Texas National Association (successor paying agent to Mercantile National Bank at Dallas), the paying agent for such bonds, with sufficient funds to pay the redemption price of such bonds. Such bonds shall cease to bear interest from and after such redemption date. THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for the redemption of said bonds and pursuant to a resolution passed by the City Council of the City of Allen, Texas. 1992. WITNESS MY OFFICIAL SIGNATURE, this the 20th day of July, ty S cretary City of Allen, Texas The above and foregoing Notice of Redemption was duly received and filed with Ameritrust Texas National Association, this AMERITRUST TEXAS NATIONAL ASSOCIATION By: Title: (Bank Seal) 15456 EXHIBIT B NOTICE OF REDEMPTION CITY OF ALLEN, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS SERIES 1979 DATED AUGUST 1, 1979 NOTICE IS HEREBY GIVEN that the City of Allen, Texas has called for redemption on June 1, 1999, the bonds of the series described above and further identified as follows: Bonds numbered 59 through 260, each in the denomination of $5,000, aggregating in principal amount $1,010,000, and scheduled to mature on June 1 in each of the years 2000 through 2009. NOTICE IS FURTHER GIVEN that due and proper arrangements have been made for providing Ameritrust Texas National Association (successor paying agent to Mercantile National Bank at Dallas), the paying agent for such bonds, with sufficient funds to pay the redemption price of such bonds. Such bonds shall cease to bear interest from and after such redemption date. THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for the redemption of said bonds and pursuant to a resolution passed by the City Council of the City of Allen, Texas. 1992. WITNESS MY OFFICIAL SIGNATURE, this the 20th day of July, 24-,4- ciey Se retary City of Allen, Texas The above and foregoing Notice of Redemption was duly received and filed with Ameritrust Texas National Association, this AMERITRUST TEXAS NATIONAL ASSOCIATION By: Title: (Bank Seal) 15456 EXHIBIT C NOTICE OF REDEMPTION CITY OF ALLEN, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1985 DATED SEPTEMBER 1, 1985 NOTICE IS HEREBY GIVEN that all bonds of the above series maturing on and after June 1, 1996 and aggregating in principal amount $1,480,000 have been called for redemption on June 1, 1995 at the redemption price of par and accrued interest to the date of redemption, such bonds being identified as follows: Year of Principal Amount Maturity Outstanding 1996 $235,000 1997 265,000 1998 295,000 1999 325,000 2000 360,000 ALL SUCH BONDS shall become due and payable on June 1, 1995, and interest thereon shall cease to accrue from and after said redemption date and payment of the redemption price of said bonds shall be paid to the registered owners of the bonds only upon presentation and surrender of such bonds to the principal office of Ameritrust Texas National Association (successor paying agent/registrar to MBank Dallas, N.A.). THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for the redemption of said bonds and pursuant to a resolution by the City Council of the City of Allen, Texas. AMERITRUST TEXAS NATIONAL ASSOCIATION as Paying Agent/Registrar Address: P. O. Box 2320 Dallas, Texas 75221-2320 15456 EXHIBIT D NOTICE OF REDEMPTION CITY OF ALLEN, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1986 DATED AUGUST 1,1986 NOTICE IS HEREBY GIVEN that all bonds of the above series maturing on and after June 1, 1997 and aggregating in principal amount $1,405,000 have been called for redemption on June 1, 1996 at the redemption price of par and accrued interest to the date of redemption, such bonds being identified as follows: Year of Principal Amount Maturity Outstanding 1997 $ 95,000 1998 105,000 1999 110,000 2000 120,000 2001 130,000 2002 140,000 2003 155,000 2004 170,000 2005 180,000 2006 200,000 ALL SUCH BONDS shall become due and payable on June 1, 1996, and interest thereon shall cease to accrue from and after said redemption date and payment of the redemption price of said bonds shall be paid to the registered owners of the bonds only upon presentation and surrender of such bonds to the principal office of Ameritrust Texas National Association (successor paying agent/registrar to MBank Dallas, N.A.). THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for the redemption of said bonds and pursuant to a resolution by the City Council of the City of Allen, Texas. AMERITRUST TEXAS NATIONAL ASSOCIATION as Paying Agent/Registrar Address: P. O. Box 2320 Dallas, Texas 75221-2320 15456 CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTY OF COLLIN CITY OF ALLEN I, the undersigned, City Secretary of the City of Allen, Texas, DO HEREBY CERTIFY as follows: 1. That on the 20th day of July, 1992, a special meeting of the City Council of the City of Allen, Texas was held at a meeting place within the City; the duly constituted members of the Council being as follows: JOE FARMER MAYOR KEVIN LILLY ) MAYOR PRO TEM MICKEY CHRISTAKOS ) DAVID BISHOP ) MIKE NICHOLS ) COUNCILMEMBERS STEVE TERRELL ) SHARON HAMNER ) and all of said persons were present at said meeting, except the following: Kevin Lilly and Mike Nichols . Among other business considered at said meeting, the attached resolution entitled: "A RESOLUTION providing for the redemption of certain outstanding obligations of the City; and resolving other matters incident and related to the redemption of such obligations." was introduced and submitted to the Council for passage and adoption. After presentation and due consideration of the resolution and, upon a motion made by Steve Terrell and seconded by David Bishop , the resolution was duly passed and adopted by the Council to be effective immediately by the following vote: 5 voted "For" 0 voted "Against" 0 abstained all as shown in the official Minutes of the Council for the meeting held on the aforesaid date. 2. That the attached resolution is a true and correct copy of the original on file in the official records of the City; the duly qualified and acting members of the City Council of said City on the date of the aforesaid meeting are those persons shown above and, according to the records of my office, advance notice of the time, place and purpose of the meeting was given to each member of 0029670 4. ;1 the Council; and that said meeting, and the deliberation of the aforesaid public business, was open to the public and written notice of said meeting, including the subject of the above entitled resolution, was posted and given in advance thereof in compliance with the provisions of Article 6252-17, Section 3A, V.A.T.C.S. IN WITNESS WHEREOF, I have hereunto signed my name officially and affixed the seal of said City, this the 20th day of July, 1992. (City Seal) 0029670 4MYen, S00retary, City of Texas -2-