HomeMy WebLinkAboutOrdinance 1599
of
ORDINANCE NO. l599
AN ORDINANCE authorizing the issuance of "CITY OF
NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION
BONDS, SERIES 1989"; specifying the terms and
features 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, including the approval
and distribution of an Official Statement
pertaining thereto; and providing an effective
date.
WHEREAS, the City Council of the City of North Richland
Hills, Texas hereby finds and determines that $5,000,000 in
principal amount of general obligation bonds approved and
authorized to be issued at an election held on September 10,
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:
Total Amounts Amounts
Amount Heretofore Being Unissued
Purpose Authorized Issued Issued Balance
Street $14,475,000 $7,155,000 $2,340,000 $ 4,980,000
Drainage 16,870,000 4,490,000 2,360,000 10,020,000
Fire Stations 1,755,000 1,455,000 300,000 -0-
AND WHEREAS, the City Council hereby reserves and retains
the right to issue the balance of unissued bonds approved at
said election in one or more installments when, in the judgment
of the 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 NORTH
RICHLAND HILLS, TEXAS:
SECTION 1: Authorization - Designation- Principal Amount-
Purpose. General obligation bonds of the City shall be and are
hereby authorized to be issued in the aggregate principal
amount of $5,000,000, to be designated and bear the title "CITY
OF NORTH RICHLAND HILLS, TEXAS, GENERAL OBLIGATION BONDS,
SERIES 1989" (hereinafter referred to as the "Bonds"), for
,-
permanent public improvements and public purposes, to wit:
$2,340,000 for street improvements, including drainage
incidental thereto and the acquisition of land and right-of-way
therefor, $2,360,000 for flood control/storm sewer
improvements, and $300,000 for constructing and equipping fire
station facilities, including the purchase of land and
firefighting equipment therefor, in accordance wi th authori ty
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 Maturi ties-Interest Rates. The
Bonds shall be issued as fully registered obligations only,
shall be dated March 1, 1989 (the "Bond Date"), shall be in
denominations of $5,000 or any integral multiple (within a
Stated Maturi ty) thereof, and shall become due and payable on
February 15 in each of the years and in principa 1 amounts (the
"Stated Maturities") and bear interest at the rate(s) per annum
in accordance with the following schedule:
Year of
Stated Maturity
Principal
Amount
Interest
Rate(s)
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
$110,000
125,000
135,OOO
150,000
165,000
180,000
200,000
215,000
230,000
245,000
265,000
285,000
305,000
330,000
355,000
380,000
410,000
440,000
475,000
10.00 %
10.00 %
10.00 %
10.00 %
10.00 %
10.00 %
10.00 %
10.00 %
9.35 %
7.25 %
7.25 %
7.30 %
7.375%
7.375%
7.375%
7.375%
7.00 %
7.00 %
7.00 %
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
twelve 30-day months). Interest on the Bonds shall be payable
on February 15 and August 15 in each year, commencing
February 15, 1990.
-2-
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 maturi ty, redemption or
otherwi se, sha II be payab le on ly to the reg istered owners or
holders of the Bonds (hereinafter called the "Holders")
appearing 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
without exchange or collection charges to the Holders.
The selection and appointment of Texas American Bank/Fort
Worth, N.A., Fort Worth, Texas to serve as Paying
Agent/Registrar for the Bonds is hereby approved and
confirmed. The City covenants to maintain 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 institution 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 Ci ty
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 Maturi ties 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 last
business 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 when banking insti tutions in the Ci ty where
the Paying Agent/Registrar ~s 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 when 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-
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
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.
SECTION 4: Redemption. (a) Optional Redemption. The
Bonds having Sta ted Ma tur i ties on and after Februa ry 15, 2000,
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 selected by lot by the Paying Agent/Registrar), on
February 15, 1999 or on any date thereafter at the redemption
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 Ci ty 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 repr~senting the number of Bonds
Outstanding which is obtained by dividing the principal amount
of such Bonds by $5,000 and shall select the Bonds, or
principal amount thereof, to be redeemed wi thin 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 prepaid, in the name of the Ci ty and at the Ci ty' 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-
All not ices of redempt ion sha II ( i) specify the da te of
redemption for the Bonds, (ii) identify the Bonds to be
redeemed 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 redemption 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 provided, such Bond (or the principal amount
thereof to be redeemed) 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 applicable 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 Securi ty Register relating to the
registration, payment, and transfer or exchange of the Bonds
shall at all times be kept and maintained by the City at the
principal office of the Paying Agent/Registrar, as provided
herein and in accordance wi th the provis ions of an agreement
with the Paying Agent/Registrar and 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
authorized 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
satisfactory 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
designated 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-
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
exchange, 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
registration and delivery thereof, the same shall be the valid
obligations 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
governmental 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
delivered in lieu thereof pursuant to the provisions of
Section 10 hereof and such new replacement Bond shall be deemed
to evidence 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
applicable to an exchange by the Holder of the unredeemed
balance of a Bond called for redemption in part.
-6-
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 Ci ty
Secretary. The signature of said officers on the Bonds may be
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
executed on behalf of the City, notwithstanding that such
individuals 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
registration 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 80, 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 evidence, and the only evidence, that such Bond has
been duly certified, registered and delivered.
SECTION 7: Initial Bond(s). The Bonds herein
authorized shall be initially issued either (i) as a single
fully registered bond in the total principal amount of
$5,000,000 with principal installments to become due and
payable as provided in Section 2 hereof and numbered T-l, or
(ii) as nineteen (19) fully registered bonds, being one bond
for each year of maturity in the applicable principal amount
and denomination and to be numbered consecutively from T-l 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 purchaser(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
-7-
pursuant to and in accordance wi th such wri tten
from the initial purchaser(s), or the designee
such other information and documentation as
Agent/Registrar may reasonably require.
instructions
thereof, and
the Paying
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
Paying Agent/Registrar, and the form of Assignment to be
printed on each of the Bonds, shall be substantially in the
forms set forth 1n this Section wi th such appropriate
insertions, omissions, substitutions, and other variations as
are permi tted or requi red by this Ordinance and may have such
letters, 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
insurance legends in the event the Bonds, or any maturi ties
thereof, are purchased wi th insurance and any reproduction of
an opinion of counsel) thereon as may, consistently herewith,
be established by the City or determined by the officers
executing such Bonds as evidenced by their execution. Any
portion of the text of any Bonds may be set forth on the
reverse thereof, wi th an appropriate reference thereto on the
face of the Bond.
The definitive Bonds shall be printed, lithographed, or
engraved or produced 1n any other similar manner, all as
determined 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
NO.
REGISTERED
$
UNITED STATES OF AMERICA
STATE OF TEXAS
CITY OF NORTH RICHLAND HILLS, TEXAS,
GENERAL OBLIGATION BOND, SERIES 1989
Bond Date: Interest Rate:
March 1, 1989
Stated Maturity:
CUSIP NO:
Registered Owner:
Principal Amount:
DOLLARS
-8-
The City of North Richland Hills (hereinafter referred to
as the "City"), a body corporate and political subdivision in
the County of Tarrant, State of Texas, for value received,
acknowledges 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 Maturi ty 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 on the basis of a 360-day year of twelve 30-day
months; such interest being payable on February 15 and
August 15 in each year, commencing February 15, 1990.
Principal of this Bond is payable at its Stated Maturity or
redemption to the registered owner hereof, upon presentation
and surrender, at the principal office of the Paying
Agent/Registrar executing the registration certificate
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 last business 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 Securi ty 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 without exchange or collection
charges to the owner hereof and 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 1S one of the series specified in its ti tle
issued in the aggregate principal amount of $5,000,000 (herein
referred to as the "Bonds") for permanent public improvements
and public purposes, to wit: $2,340,000 for street
improvements, including drainage incidental thereto and the
acquisi tion of land and right-of-way therefor, $2,360,000 for
flood control/storm sewer improvements, and $300,000 for
constructing and equipping fire station facilities, including
the purchase of land and firefighting equipment therefor, under
and in strict conformity with the Constitution and laws of the
State of Texas and pursuant to an Ordinance adopted by the City
Council of the City (herein referred to as the "Ordinance").
-9-
The Bonds maturing on and after February 15, 2000, 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
selected by lot by the Paying Agent/Registrar), on February 15,
1999, or on any date thereafter, at the redemption price of
par, together wi th 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 registered
owners of the Bonds to be redeemed, and subj ect 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 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 therefor, provided
moneys for the payment of the redemption price and the 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
limitation 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 a re payable f rom the proceeds of an ad va lorem
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 defini tions 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 wi th or wi thout the consent of
-10-
the Holders; the rights, duties, and obligations of the Ci ty
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
thereunder; 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
executed by, the registered owner hereof, or his duly
authorized agent. When a transfer on the Security Register
occurs, one or more new fully registered Bonds of the same
Stated Maturity, of authorized denoplÍnations, 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
enti t led to payment of interest hereon, (i i) on the date of
surrender of this Bond as the owner enti t led 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 received 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 declared
that the City is a body corporate and political subdivision
duly organized and legally existing under and by virtue of the
Constitution and laws of the State of Texas; that the issuance
of the Bonds is duly authorized by law; that all acts,
-11-
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
provision 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 va I idi ty, lega I i ty, and enfo rceabi 1 i ty 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.
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 NORTH RICHLAND HILLS,
TEXAS
COUNTERSIGNED:
Mayor
City Secretary
(SEAL)
-12-
C. *Form of Registration Certificate of Comptroller
of Public Accounts to appear on Initial Bond(s) only.
REGISTRATION CERTIFICATE OF
COMPTROLLER OF PUBLIC ACCOUNTS
THE STATE OF TEXAS
(
(
(
(
REGISTER NO.
OFFICE OF THE COMPTROLLER
OF PUBLIC ACCOUNTS
I HEREBY CERTIFY that this Bond has been examined,
certified 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.
WITNESS
my
signature
and
seal
of
office
this
Comptroller of Public Accounts
of the State of Texas
(SEAL)
*NOTE TO PRINTER:
Do Not Print on Definitive Bonds
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
of the above entitled and designated series originally
delivered 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.
TEXAS AMERICAN BANK/FORT WORTH, N.A.
Fort Worth, Texas,
as Paying Agent/Registrar
Registration Date:
By
Authorized Signature
-13-
E. Form of Assignment.
ASSIGNMENT
FOR
assigns,
address,
VALUE
and
and
RECEIVED
transfers
zip code of
the undersigned hereby sells,
unto (Print or typewrite name,
transferee: ) . . . . . . . . . . . . . . . . . . . . .
........ ............. ..... ................ ..... ....... ......
.... ......................... ...............................
(Social Security or other identifying number:
.. .. .. . .. .. . .. ..) the wi thin Bond and a II rights
and hereby irrevocably constitutes and appoints
. . . . . . . . . . . . .
thereunder,
...........
... .......... ... ............ ................................
attorney to
registration
premises.
transfer the within Bond on the books kept for
thereof, with full power of substitution in the
DATED:
. . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
........ ..................
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.
Signature guaranteed:
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
headings "Interest Rate "and
Maturity " shall both be omitted;
"Stated
(ii) Paragraph one shall read as follows:
Registered Owner:
Principal Amount:
Dollars
The City of North Richland Hills (hereinafter referred to
as the "City"), a body corporate and municipal corporation in
the County of Tarrant, State of Texas, for value received,
acknowledges 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 February 15 in each of the years and in principal
installments in accordance with the following schedule:
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YEAR OF
MATURITY
PRINCIPAL
INSTALLMENTS
INTEREST
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 February 15 and August 15 in each year, commencing
February 15, 1990. Principal installments of this Bond are
payable in the year of maturity or on a prepayment date to the
registered owner hereof, upon its presentation and surrender,
at the principal office of Texas American Bank/Fort Worth,
N.A., Fort Worth, Texas (the "Paying Agent/Registrar").
Interest is payable to the registered owner of this Bond 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 last business 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 Securi ty 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 without exchange or collection
charges to the owner hereof and 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 Requi rements II of the Bonds, being (i) the
interest on the Bonds and (ii) a sinking fund for their
redemption at maturity or a sinking fund of 2% (whichever
amount is the greater), there is hereby levied, and there shall
be annually assessed and collected in due time, form, and
manner I a tax on all taxable property in the Ci ty, wi thin the
limitations prescribed. by law, and such tax hereby levied on
each one hundred 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 whi Ie Outstanding; full a llowance 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
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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 1989 Bond Account" (the
"Interest and Sinking Fund") maintained on the records of the
City and deposited in a special fund maintained at an official
depository of the City's funds; and such tax hereby levied, and
to be assessed 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
deposited with the Paying Agent/Registrar on or before each
principal 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 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 the approval of the Ci ty and
after (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
furnishing 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 lawful) all other rights and remedies
with respect to the replacement and payment of mutilated,
destroyed, lost or stolen Bonds.
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SECTION 11: Satisfaction of Obligation of City. If the
City shall payor 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
stipulated in this Ordinance, then the pledge of taxes levied
under this Ordinance and all covenants, agreements, and other
obI iga t ions of the Ci ty to the Ho lders sha II thereupon cease,
terminate, 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
expressed above in thi s Sect ion when (i) money suf f ic ient to
pay in full such Bonds or the principal amount(s) thereof at
maturity 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,
wi thout reinvestment, of sufficient money, together wi th any
moneys deposited 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 Maturi ty thereof
or (if notice of redemption has been duly given or waived or if
irrevocable arrangements therefor acceptable to the Paying
Agent/ Registrar have been made) the redemption date thereof.
The City covenants 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 148 of the
Internal Revenue Code of 1986, 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 wi th respect to which
such moneys have been so depos i ted sha 11 be remi t ted 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 Maturi ty, or
applicable redemption date, of the Bonds 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
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therefor. Notwi thstanding the above and foregoing, any
remittance of funds from the Paying Agent/Registrar to the City
shall be sUbject to any applicable unclaimed property laws of
the State of Texas.
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
respective 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,
including the curing of any ambiguity, inconsistency, or formal
defect 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 provi s ions of thi s Ordinance;
provided that, wi thout 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
amendment, addition, or rescission.
The term "Outstanding" when used in this Ordinance wi th
respect to Bonds means, as of the date of determination, all
Bonds theretofore issued and delivered under this Ordinance,
except:
(1) those Bonds cance lled
Agent/Registrar or delivered
Agent/Registrar for cancellation;
by
to
the
the
Paying
Paying
(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
-18-
the Paying Agent/Registrar, or an authorized
escrow agent, of money 0 r Government Securi ties,
or both, in the amount necessary to fully pay the
principal of, premium, if any, and interest
thereon to maturity 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 pursuant to this Ordinance or
irrevocably provided to be given to the
satisfaction of the Paying Agent/Registrar, or
waived; and
(3) those mutilated, destroyed,
stolen Bonds which have been replaced
registered and delivered in lieu
provided in Section 10 hereof.
lost, or
wi th Bonds
thereof as
SECTION 13: Covenants to Maintain Tax-Exempt Status.
The City shall not use, permit the use of, or omit to use Gross
Proceeds or any other amounts (or any property the acquisition,
construction, or improvement of which is to be financed
directly or indirectly with Gross Proceeds) in a manner which,
if made or omitted, respectively, would cause the interest on
any Bond to become includable in the gross income, as defined
in section 61 of the Code, of the owner thereof for federal
income tax purposes. Without limiting the generality of the
foregoing, unless and until the City shall have received a
written opinion of counsel nationally recognized in the field
of municipal bond law to the effect that failure to comply with
such covenant will not adversely affect the exemption from
federal income tax of the interest on any Bond pursuant to
Section 103 of the Code, the City agrees, covenants and
represents that:
(a) Definitions. When used in this
following terms have the following meanings:
Section,
the
"Code" means the Internal Revenue Code of 1986,
as amended by all legislation, if any, enacted on or
before the Issue Date.
"Gross Proceeds" when used wi th respect to the
Bonds or any other issue of obligations of the City,
means original proceeds, amounts received (including
repayments of principal) as a result of investing the
original proceeds of the issue, transferred proceeds,
sinking fund proceeds, amounts invested in a
reasonably required reserve or replacement fund,
securities or obligations pledged by the City as
security for payment of debt service on the Bonds or
-19-
such other issue, and any other amounts used to pay
debt service on the Bonds or such other issue,
together with earnings from the investment of the
foregoing.
"Investment" means
(1) a share of stock in a corporation
or a right to subscribe for or to receive
such a share,
(2) any obligation, including United
States Treasury bonds, notes, and bills and
bank deposits, whether or not certified or
interest bearing, but excluding obligations
the interest on which is, in the opinion of
counsel nationally recognized in the field
of municipa 1 bond law, exc ludable f rom the
gross income of any owner thereof and is
not included in computing the alternative
minimum taxable income of individuals under
the Code or the Internal Revenue Code of
1954, as amended to the date of issuance of
such obligations,
(3) any annuity contract, or any
other deferred payment contract acquired to
fund an obligation of the City, or
( 4 ) any
investment.
other property held
for
"Issue Date" means the date on which the Bonds
are first authenticated and delivered to the initial
purchasers against payment therefor.
"Issue Price" of the Bonds of each Stated
Maturity means the aggregate initial offering price
of all the Bonds of such Stated Maturity to the
public (exclusive of underwriters, dealers,
bondhouses, brokers, and similar persons or
organizations acting in the capacity of underwriters
or wholesalers) at which a substantial amount of
Bonds of such Stated Maturity are sold to the public,
including accrued interest to the Issue Date, if any.
"Nonpurpose Investment" means any
which Gross Proceeds of the Bonds are
which is not acqui red to carry out the
purpose of the Bonds.
Investment in
invested and
governmental
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"Purchase Price" of any Investment means
(1) if a United States
obligation acquired directly
United States Treasury, the
therefor,
Treasury
from the
amount paid
(2) if a certificate of deposit
issued by a commercial bank, the bona fide
bid price quoted by a dealer who maintains
an active secondary market in such
certificates of deposit, and
(3) otherwise, generally the mean of
the bid price and the offered price
therefor on an established market on the
day on which such Investment is purchased
or contracted for or, if there are no bid
prices and offered prices on such date, on
the first day preceding such date for which
there are bid prices and offered prices.
"Yield" of
(1) any Investment means the discount
factor which, when used in computing the
present value of all scheduled payments of
principal of and interest on such
Investment on the date such Investment is
purchased wi th Gross Proceeds 0 r otherwi se
allocated to Gross Proceeds, results in an
amount equal to the Purchase Price thereof
(but excluding any commissions),
compounding semiannually, and
(2) the Bonds means the discount
f actor which, when used in computing the
present value on the Issue Date of all
scheduled payments of principal of and
interest on the Bonds, results in an amount
equal to aggregate Issue Prices of the
Bonds of each Stated Maturi ty, compounding
semiannually.
(b) No Private Use or Private Payments. Except as
permitted by section 141 of the Code and the regulations and
rulings thereunder, the City shall, at all times prior to the
last Stated Maturity of Bonds,
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(1) exclusively own, operate, and possess all
property the acquisition, construction, or improvement
of which is to be financed directly or indirectly with
Gross Proceeds of the Bonds and not use or permit the
use of such Gross Proceeds or any property acqui red,
constructed, or improved wi th such Gross Proceeds in
any activity carried on by any person or entity other
than a state or local government, unless such use is
solely as a member of the general public, or
(2) not di rect ly or indi rect ly impose or accept
any charge or other payment for use of Gross Proceeds
of the Bonds or any property the
construction, or improvement of which
financed directly or indirectly with
Proceeds, other than taxes of general
within the City or interest earned on
acqui red wi th such Gross Proceeds pending
for their intended purposes.
acquisition,
is to be
such Gross
application
investments
application
(c) No Private Loan. Except to the extent permitted by
section 141 of the Code and the regulations and rulings
thereunder, the City shall not use Gross Proceeds of the Bonds
to make or finance loans to any person or entity other than a
state or local government. For purposes of the foregoing
covenant, such Gross Proceeds a re cons idered to be "loaned" to
a person or entity if (1) property acquired, constructed, or
improved wi th such Gross Proceeds is sold or leased to such
person or enti ty in a transaction which creates a debt for
federa 1 income tax purposes, (2) capac i ty in or serv ice from
such property is committed to such person or entity under a
take-or-pay, output, or similar contract or arrangement, or (3)
indirect benefits, or burdens and benefits of ownership, of
such Gross Proceeds or any property acquired, constructed, or
improved with such Gross Proceeds are otherwise transferred in
a transaction which is the economic equivalent of a loan.
(d) Not to Invest at Higher Yield. Except to the extent
permitted by section 148 of the Code and the regulations and
rulings thereunder, the City shall not, at any time prior to
the final Stated Maturity of the Bonds, directly or indirectly
invest Gross Proceeds of the Bonds in any Investment (or use
such Gross Proceeds to replace money so invested), if as a
result of such investment the Yield from the Issue Date of all
Investments acqui red wi th such Gross Proceeds (or wi th money
replaced thereby) whether then held or previously disposed of,
exceeds the Yield of the Bonds.
-22-
(e) Not Federally Guaranteed. Except to the extent
permitted by section 149(b) of the Code and the regulations and
rulings thereunder, the City shall not take or omit to take any
action which would cause the Bonds to be federally guaranteed
within the meaning of section 149(b) of the Code and the
regulations and rulings thereunder.
(f) Information Report. The City shall timely file with
the Secretary of the Treasury the information required by
section 149(e) of the Code with respect to the Bonds on such
form and irr such place as such Secretary may prescribe.
(g) Rebate of Arbitrage Profits.
otherwise provided in section 148(f)
regulations and rulings thereunder,
Except
of the
to the extent
Code and the
(I) The City shall account for all Gross
Proceeds of the Bonds (including all receipts,
expenditures, and investments thereof) on its books of
account separately and apart from all other funds (and
receipts, expenditures, and investments thereof) and
shall retain all records of such accounting for at
least six years after the day on which the last
outstanding Bond is discha rged. The Ci ty may,
however, to the extent permitted by law, commingle
Gross Proceeds of the Bonds wi th other money of the
Ci ty, provided that the Ci ty separately accounts for
each receipt and expendi ture of such Gross Proceeds
and the obligations acquired therewith.
(2) Not less frequently than annually, the City
shall calculate, in accordance with rules set forth in
section 148(f) of the Code and the regulations and
rulings thereunder, the excess of:
(i) the amount earned on all Nonpurpose
Investments (other than Investments
attributable to any excess previously
calculated pursuant to this paragraph (2»
acqui red wi th Gross Proceeds of the Bonds,
over
(ii) the amount which would have been
earned if such Nonpurpose Investments were
invested at a rate equal to the Yield on the
Bonds,
plus any income attributable to any excess previously
calculated pursuant to this paragraph (2). In this
connection, the City hereby makes the election
provided for in section 148(f)(4)(A)(ii) of the Code.
-23-
(3) As additional consideration for the purchase
of the Bonds by the initial purchasers thereof and the
loan of the money represented thereby, and in order to
induce such purchase by measures designed to insure
the excludability of the interest thereon from the
gross income of the owners thereof for federal income
tax purposes, the Ci ty shall pay to the Uni ted States
the amount described in paragraph (2) above at the
times, in the installments, to the place, in the
manner, and accompanied by such forms or other
information as is or may be required by section 148(f)
of the Code and the regulations and rulings thereunder.
(4) The City shall exercise reasonable diligence
to assure that no errors are made in the calculations
required by paragraph (2) and, if such error is made,
to discover and promptly to correct such error within
a reasonable amount of time thereafter, including
payment to the United States of any delinquent amounts
owed to it, interest thereon, and any assessed penalty.
(h) Not to Divert Arbitrage Profits. Except to the extent
permitted by section 148 of the Code and the regulations and
rulings thereunder, the City shall not, at any time prior to
the earlier of the Stated Maturity or final payment of the
Bonds enter into any transaction that reduces the amount
required to be paid to the United States pursuant to Subsection
(g) of this Section because such transaction results in a
smaller profit or a larger loss than would have resulted if the
transaction had been at arm's length and had the Yield of the
Bonds not been relevant to either party.
SECTION 14: Sa le of the Bonds. The sale of the Bonds
to MBank Capital Markets & Associates
(herein
referred to as the "Purchasers") at the price of par and
accrued interest to the date of delivery, plus a premium of
$ 354.95 , 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 wi th 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
investigation 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.
-24-
Furthermore, the Mayor, City Secretary, City Manager and
Director of Finance, anyone or more of said officials, are
hereby authorized and directed to furnish and execute such
documents and certifications relating to the City and the
issuance of the Bonds, including certifications as to facts,
estimates, circumstances and reasonable expectations pertaining
to the use, expendi ture and investment of the proceeds of the
Bonds, as may be necessary for the approval of the Attorney
General, the registration by the Comptroller of Public Accounts
and the delivery of the Bonds to the Purchasers, and, together
with the City's financial advisor, 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 definitive 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 Ci ty Counci 1 hereby
finds that the information and data contained in said Official
Statement pertaining to the City and its financial affairs is
true and correct in all material respects and no material facts
have been omi tted 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
business on the business day next preceding the mailing of such
notice.
In any case where notice to Holders 1S 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
action taken in reliance upon such waiver.
-25-
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
delivered to the Paying Agent/Registrar and, if not already
cancelled, 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 Ci ty may have
acquired in any manner whatsoever, and all Bonds so delivered
shall be promptly cancelled by the Paying Agent/Registrar. All
cancelled Bonds held by the Paying Agent/Registrar shall be
returned to the City.
SECTION 19: Printed Opinion. The Purchasers'
obligation to accept delivery of the Bonds is subject to being
furnished a final opinion of Fulbright & Jaworski, Attorneys,
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
numbers 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
construed to confer upon any person other than the Ci ty, 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
benefit of the City, the Paying Agent/Registrar and the Holders.
SECTION 22: Incons i s tent provis ions. All 0 rdinances,
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
matters contained herein.
SECTION 23: Governing Law. Thi s Ordinance sha II be
construed and enforced in accordance with the laws of the State
of Texas and the United States of America.
-26-
SECTION 24: Effect of Headings.
herein are for convenience only and
construction hereof.
The
shall
Section headings
not affect the
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.
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 Council hereby declares that this Ordinance
would have been enacted without such invalid provision.
SECTION 27: Public Meeting. It is officially found,
determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice
of the time, place, and subject matter of the public business
to be considered at such meeting, including this Ordinance, was
given, all as required by Article 6252-17, Vernon's Texas Civil
Statutes, as amended.
SECTION 28: Effective Date. This Ordinance shall be in
full force and effect from and after its passage of the date
shown below, and it is so ordained.
PASSED AND ADOPTED, this March 13, 1989.
CITY OF NORTH RICHLAND HILLS,
TEXAS
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Mayor
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ity Secretary
(City Seal)
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