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O-81-781 - 1/12/1981CERTIFICATE FOR ORDINANCE THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK We, the undersigned officers of said City, hereby certify as follows: MEETING ON THE 12TH DAY OF JANUARY, 1981, at the City Hall, and the roll was called of the duly constituted officers and members of said City Council, to -wit: 1. The City Council of said City convened in REGULAR Larry L. Tonn, Mayor Mike Robinson, Mayor Pro -Tem Joanne Land, City Secretary Graham Howell Pete Correa Joe Baker Lawrence "Hank" Hester Trudy L. Lee and all of said persons were present, except the following absentees: Wit r thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written ORDINANCE AUTHORIZING THE ISSUANCE OF BONDS was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Ordinance be passed; and, after due discussion, said motion carrying with it the passage of said Ordinance, prevailed and carried by the following vote: ti AYES: All members of said City Council shown present above voted "Aye". NOES: None. 2. That a true, full and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Ordinance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said Meeting, and ;each of said officers and members consented, in advance, to the holding of said Meeting for such purpose; and that said Meeting was open to the public, and public notice of the time, place and purpose of said Meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby approves the aforesaid Ordinance; that the Mayor and the City Secretary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordinance for all purposes. SIGNED AND SEALED the 12th day of a A, ry, 19 =1 y -Secretary SEAL yor ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK WHEREAS, the bonds hereinafter authorized were lawfully and favorably voted at an election duly held in said City on September 6, 1980; and WHEREAS, out of the bonds voted at said election, $2,870,000 of the City's General Obligation Bonds, designated as the Series 1981-B Bonds, were authorized, issued and delivered; and WHEREAS, it is necessary and advisable to authorize, issue and deliver an installment or series of said bonds; and WHEREAS, the bonds hereinafter authorized and designated were voted and are to be issued and delivered pursuant to Art. 1175 V.A.T.C.S. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK: Section 1. That said City's bonds are hereby authorized to be issued in the aggregate principal amount of $6,000,000 for the purpose of improving and extending the City' s Waterworks System. Section 2. That said bonds shall be designated as the CITY OF ROUND ROCK, TEXAS GENERAL OBLIGATION BONDS, SERIES 1981-A. Section 3. That said bonds shall be dated April 1, 1981, shall be in the denomination of $5,000 each, shall be numbered consecutively from one upward, and shall mature serially on the maturity date, in each of the years, and in the amounts, respectively, as set forth in the following schedule: MATURITY DATE: YEARS AMOUNTS 1983 $175,000 1984 175,000 1985 175,000 1986 200,000 1987 225,000 1988 250,000 1989 275,000 1990 300,000 1991 325,000 AUGUST 1 YEARS AMOUNTS 1992 $350,000 1993 375,000 1994 425,000 1995 450,000 1996 500,000 199.7 525,000 1998 550,000 1999 575,000 2000 150,000 Section 4. That said bonds shall bear interest at the rate of 5.62% per annum. Said interest shall be evidenced by interest coupons which shall appertain to said bonds, and which shall be payable in the manner provided and on the dates `stated in the FORM OF BOND set forth in this Ordinance. Section 5. That said bonds and interest coupons shall be issued, shall be payable, may be redeemed prior to their scheduled maturities, shall have the characteristics, and shall be signed and executed (and said bonds shall be sealed), all as provided, and in the manner indicated, in the FORM OF BOND set forth in this Ordinance. 1 Section 6. That.the form of said bonds, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be printed and endorsed on each of said bonds, and the form of the aforesaid interest coupons which shall appertain and be attached initially to each of said bonds, shall be, respectively, substantially as follows: FORM OF BOND NO. $5,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK, TEXAS GENERAL OBLIGATION BOND SERIES 1981-A ON AUGUST 1, , THE CITY OF ROUND ROCK, COUNTY OF WILLIAMSON, STATE OF TEXAS, hereby promises to pay to bearer hereof the principal amount of FIVE THOUSAND DOLLARS and to pay interest thereon, from date hereof, at the rate of 5.62% per annum, evidenced by interest coupons payable on August 1, 1982, and semiannually thereafter while this bond is outstanding. THE PRINCIPAL of this bond and the interest coupons appertaining hereto shall be payable to bearer, in lawful money of the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this bond or proper interest coupon, at the following, which shall constitute and be defined as the Paying Agent for this Series of bonds: FARMERS STATE BANK, ROUND ROCK, TEXAS, or, at the option of the holder, at FIRST CITY BANK OF DALLAS, DALLAS, TEXAS THIS BOND is one of a Series dated as of April 1, 1981, authorized, issued and delivered in the principal amount of $6,000,000 for the purpose of improving and extending the City's Waterworks System. ON AUGUST 1, 1991, or on any interest payment date thereafter, any outstanding bonds of this Series may be redeemed prior to their scheduled maturities, at the option of said City, in whole, or in part, for the principal amount thereof and accrued interest thereon to the date fixed for redemption. At least thirty days prior to the date fixed for any such redemption said City shall cause a written notice of such redemption to be published at least once in a financial publication published in the City of New York, New York. By the date fixed for any such redemption due provision shall be made with the Paying Agent for the payment of the principal amount of the bonds which are to be so redeemed and accrued interest thereon to the date fixed for redemption. If such written notice of redemption is published and if due provision for such payment is made, all as provided above, the bonds which are to be so redeemed thereby automatic- ally shall be redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstand- ing except for the right of the bearer to receive the redemp- tion price from the Paying Agent out of the funds provided for such payment. 2 IT IS HEREBY certified, recited and covenanted that this bond has been duly and validly voted, authorized, issued and delivered; that all acts, conditions and things required or proper to be performed, exist, and be done precedent to or in the voting, authorizaton, issuance and delivery of this bond have been performed, existed, and been done in accordance with law; that this bond is a general obligation of said City, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this bond, as such interest comes due and such prinicpal matures, have been levied and ordered to be levied against all taxable property in said City, and have been pledged irrevocably for such payment, within the limit prescribed by law. IT WITNESS WHEREOF, this bond and the interest coupons apppertaining hereto have been signed with the facsimile signature of the Mayor of said City and countersigned with the facsimile signature of the City Secretary of said City, and the official seal of said City has been duly impressed, or placed in facsimile, on this bond. Mayor FORM OF REGISTRATION CERTIFICATE COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. 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 that this bond has been registered by the Comptroller of Public Accounts of the State of Texas. NO. Witness my signature and seal this Comptroller of Public Accounts of the State of Texas FORM OF INTEREST COUPON ON THE CITY OF ROUND ROCK, COUNTY OF WILLIAMSON, STATE OF TEXAS, promises to pay to bearer hereof the amount shown of this interest coupon, in lawful money of the United States of America, without exchange or collection charges to the bearer hereof, unless due provision has been made for the redemption prior to scheduled maturity of the bond to which the interest coupon appertains, upon presentation and surren- der of this interest coupon, at the FARMERS STATE BANK, ROUND ROCK, TEXAS, or, at the option of the holder, at FIRST CITY BANK OF DALLAS, DALLAS, TEXAS, said amount being interest coming due that day on the bond, bearing the number herein- after designated, of that issue of CITY OF ROUND ROCK, TEXAS GENERAL OBLIGATION BONDS, SERIES 1981-A, dated April 1, 1981. Bond No. xxxxx xxxxx City Secretary Mayor 3 Section 7. That a special "Interest and Sinking Fund" is hereby created solely for the benefit of said bonds, and said Interest and Sinking Fund shall be established and maintained by said City at an official depository bank of said City. Said Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of said City, and shall be used only for paying the interest on and principal of said bonds. All ad valorem taxes levied and collected for and on account of said bonds shall be deposited, as collected, to the credit of said Interest and Sinking Fund. During each year while any of said bonds or interest coupons appertaining thereto are outstanding and unpaid, the governing body of said City shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on said bonds as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of such bonds as such principal matures (but never less than 2% of the original amount of said bonds as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of said City, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in said City for each year while any of said bonds or interest coupons appertaining thereto are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of said bonds, as such interest comes due and such principal matures, are hereby pledged irrevocably for such payment, within the limit prescribed by law. Section 8. That the Mayor of said City is hereby authorized to have control of said bonds and all necessary records and proceedings pertaining to said bonds pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registraton of said bonds, said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate printed and endorsed on each of said bonds, and the seal of said Comptroller shall be placed in facsimile, on each of said bonds. Section 9. That the City covenants to and with the 1 purchasers of the bonds that it will make no use of the proceeds of the bonds at any time throughout the term of this issue of bonds which, if such use had been reasonably expected on the date of delivery of the bonds to and payment for the bonds by the purchasers, would have caused the bonds to be arbitrage bonds within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, or any regulations or rulings pertaining thereto; and by this covenant the City is obligated to comply with the require- ments of the aforesaid Section 103(c) and all applicable and pertinent Department of the Treasury regulations relating to arbitrage bonds. The City further covenants that the proceeds of the bonds will not otherwise be used directly or indirectly so as to cause all or any part of the bonds to be or become arbitrage bonds within the meaning of the afore- said Section 103(c), or any regulations or ruling pertaining thereto. Section 10. That it is hereby officially found and determined that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Ordinance is passed, such emergency or urgent public 4 necessity being that the proceeds from the sale of said bonds are required as soon as possible and without delay for necessary and urgently needed public improvements; and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17, as amended. Section'll. That said bonds are hereby sold and shall be delivered to the Texas Water Development Board, for cash for the par value thereof and accrued interest thereon to date of delivery, plus a premium or a discount in the amount necessary to adjust the yield on the bonds to the statutory lending rate of the Texas Water Development Board. Section 12. That it is understood that the Texas Water Development Board will be the owner of the bonds, and the City hereby covenants to render a final accounting to the Texas Water Development Board, in reference to the total cost incurred by the City for the improvements and extensions to the City's Waterworks System. Section 13. That the City shall use any surplus bond proceeds from the bonds remaining after completion of the project for the purchase of these bonds owned by the Texas Water Development Board. Section 14. That this Ordinance shall become effective upon its passage, since this is an authorization for borrowing for capital improvements.