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O-79-591 - 4/3/1979oR.o; a CER`fIFICATE FOR ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in SPECIAL MEETING ON THE 3RD DAY OF APRIL, 1979, at the Round Rock Middle School, and the roll was called of the duly constituted officers and members of said City Council, to -wit: Robert G. Griffith, Mayor Larry L. Tonn, Mayor Pro -Tem Joanne Land, City Secretary Bill Burgan Pete Correa Mike Robinson Tom Lopez Steve Pena and all of saidpers ns were present, except the following absentees: 67 thus constituting a quorum. Whereupon, among other business, i the following was transacted at said Meeting: a written , 1 ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION 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, pre- vailed and carried by the following vote: 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 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, inadvance, of the time, place and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and con- sidered 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 aepublic, 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 3rd day of April, 1979. Ci .,L Secreta 'y SEAL ORDINANCE NO. 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 December 2, 1978; and WHEREAS, none of the general obligation bonds voted at said election has been authorized, issued or 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 Article 1175, V.A.T.C.S. 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 $1,950,000, for the purpose of providing $980,000 for constructing and im- proving the City's streets and purchasing right of way there- for; providing $95,000 for improving and permanently equipping the City's parks; providing $170,000 for acquiring a site for a sewer treatment plant; providing $550,000 for constructing and permanently equipping a municipal library building; and providing $155,000 for acquiring, constructing and equipping a fire station. Section 2. That said bonds shall be designated as the CITY OF ROUND ROCK, TEXAS GENERAL OBLIGATION BONDS, SERIES 1979. Section 3. That said bonds shall be dated May 1, 1979, 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: JULY 1 YEARS AMOUNTS YEARS AMOUNTS 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 $25,000 25,000 25,000 50,000 50,000 50,000 50,000 50,000 75,000 75,000 75,000 75,000 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 $100,000 100,000 100,000 100,000 100,000 125,000 125,000 125,000 150,000 150,000 150,000 Section 4. That the bonds scheduled to mature during the years, respectively, set forth below shall bear interest at the following rates per annum: maturities 1981 through 1986 , 7.90 % maturities 1987 through 19--, 6.90 maturities 1988 through 1990, 5.40 % maturities 1991 through 19 , 5.45 maturities 1992 through 19, 5.50 % maturities 1993 through 19 , 5.55 maturities 1994 through 19, 5.60 % maturities 1995 through 19 , 5.70 % maturities 1996 through 19 , 5.80 % maturities 1997 through 19 , 5.90 % maturities 1998 through 19 6.00 % maturities 1999 through 19, 6.10 maturities 2000 through •20 , 6.20 maturities 2011 through 200, 6.25 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. Section 6. That the form of said bonds, including the form of Registration Certificate of the Comproller 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: NO. FORM OF BOND UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK, TEXAS GENERAL OBLIGATION BOND SERIES 1979 $5,000 ON JULY 1, , THE CITY OF ROUND ROCK, COUNTY OF WILLIAMSON, STATE OF TEXAS, 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 per annum, evidenced by interest coupons payable on July .1, 1980, and semiannually thereafter while this bond is outstanding. THE PRINCIPAL of this bond and the interest coupons apper- taining 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 May 1, 1979, authorized, issued and delivered in the principal amount of $1,950,000, for the purpose of providing $980,000 for con- structing and improving the City's streets and purchasing right of way therefor; providing $95,000 for improving and permenently equipping the City's parks; providing $170,000 for acquiring a site for a sewer treatmentplant; $550,000 for constructingand providing permanently equipping a muni- cipal library building; and providing $155,000 for acquiring, constructing and permanently equipping a fire station. ON JULY 1, 1994, 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 re- demption said City shall cause a written notice of such redemp- tion 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 automatically 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 outstanding except for the right of the bearer to receive the redemption price from the Paying Agent out of the funds provided for such payment. 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, authorization, 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 principal 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. IN WITNESS WHEREOF, this bond and the interest coupons appertaining hereto have been signed with the facsimile signa- ture of the Mayor of said City and countersigned with the fac- simile 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. City Secretary Mayor FORM OF REGISTRATION CERTIFICATE COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this bond has been examined, cer- tified as to validity, and approved by the Attorney General 4' of the State of Texas, and that this bond has been registered ! by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptroller of Public Accounts of the State of Texas 11 FORM OF INTEREST COUPON NO. ON THE CITY OF ROUND ROCK, COUNTY OF WILLIAMSON, STATE OF TEXAS, promises to pay to bearer hereof the amount shown on 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 bonds to which the interest coupon appertains, upon presentation and surrender 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 hereinafter designated, of that issue of CITY OF ROUND ROCK, TEXAS GENERAL OBLIGATION BONDS, SERIES 1979, dated May 1, 1979. BondeNo. City Secretary Mayor 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 out- standing 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 ap- proved 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 pre- scribed 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 regis- tration by the Comptroller of Public Accounts of the State of TExas. Upon registration 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 purchasers of the bonds that it will make no use of the pro- ceeds 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 l03(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 requirements 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 aforesaid Section 103 (c) , or any regulations or rulings pertaining thereto. Section 10. That it is hereby officially found and deter- mined 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 necessity being that the proceeds from the sale of said bonds are re- quired 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. Section ll delivered to /l Th t said. b99ds iare hereiy so and shall be 10- for cash for the par value -thereof and accrued interest thereon to date of delivery, plus a premium of $ oD--. It is hereby officially, found, determined and declared that said purchaser is the highest and best bidder for said bonds and that said bonds have been sold at public sale to the bidder offering the lowest net interest cost after receiving bids pursuant to an Official Notice of Sale and Official Statement, dated March 13, 1979, prepared and distributed in connection with the sale of the bonds. Said Official Notice of Sale and Offi- cial Statement have been and are hereby approved by the City Council. It is further officially found, determined and de- clared that the statements and representations contained in said Official Notice of Sale and Official Statement are true and correct in all mateial respects, to the best knowledge and belief of the City Council. Section 12. That this Ordinance shall become effective upon its passage, since this is an authorization for borrowing for capital improvements. GENERAL CERTIFICATE THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK We, the undersigned officers of said City, hereby certify as follows: 1. That this certificate is executed for and on behalf of said City with reference to the issuance of the proposed CITY OF ROUND ROCK, TEXAS GENERAL OBLIGATION BONDS, SERIES 1979, dated May 1, 1979, in the principal amount of $1,950,000. 2. That said City is a duly incorporated Home Rule City, having more than 5000 inhabitants, operating and existing under the Constitution and laws of the State of Texas and the duly adopted Home Rule Charter of said City, which Charter has not been changed or amended since its adoption on August 13, 1977. 3. That no litigation of any nature has ever been filed pertaining to, affecting, questioning, or contesting: (a) the ordinance which authorized said City's proposed bonds described in paragraph 1 of this certificate; (b) the issuance, execution, delivery, payment, security or validity of said proposed bonds, (c) the authority of the City Council and the officers of said City to issue, execute and deliver said bonds, (d) the validity of the corporate existence of said City, or (e) the current tax rolls of said City; and that no litigation is pending pertaining to, affecting, questioning, or contesting the current boundaries of said City. 4. That attached to this certificate and marked Exhibit A is a true, full and correct schedule and statement of the aforesaid proposed bonds, and of all presently outstanding bonds of said City. 5. That the City complied with the Federal Voting Rights Act of 1975 and the Texas Election Code, and, in more particular Article 1.08a of the Texas Election Code, all in reference to the City's bond election held on December 2, 1978, which election authorized the bonds. 6. That the currently effective ad valorem tax rolls of said City are those for the year 1978, being the most recent- ly approved tax rolls of said City; that said City has caused the taxable property in said City to be assessed as required by law; that the Board of Equalization of said City has equalize and approved the valuation of taxable property in said City for said year; that the tax assessor of said City has duly verified the aforesaid tax rolls, and said Board of Equalization has finally approved the same; and that the assessed value of taxable property in said City upon which the annual ad valorem tax of said City actually has been or will be levied (after deducting the amount of all exemptions, if any, under Section 1-b(b), and Section 2(b) of Article 8 of the Texas Constitution, and Article 7150h, V.A.T.C.S.), according to the aforesaid tax rolls for said year, as delivered to the City Secretary of said City, and finally approved and recorded by the City Council of said City, is $56,876,557, SIGNED AND SEALED the 3rd day of April, 1979. Ci.( y Secreta SEAL II EXHIBIT A General Obligation Bonds, Series 1979, dated to be outstanding in the principal amount of bearing interest and maturing in the amounts dates as stated in the ordinance authorizing May 1, 1979, $1,950,000, and on the said bonds. General Obligation Bonds, Series 1970, dated 9/15/70, now outstanding in the principal amount of $22,000, bearing interest and maturing in the amounts on December 15 of the years as follows: 6.00% 5M-79; 6M-80-81; 5M-82 General Obligation Bonds, Series 1975, dated 8/1/75, now outstanding in the principal amount of $324,000, bearing interest and maturing in the amounts on August 1 of the years as follows: 5.00%: 6.50%; 5.00%: 2M-79; 3M-80/83; 10M-84 10M-85/90; 15M-91/99; 20M-2000/02; 20M-2000/02; 25M-03; 20M-04 Certificates of Obligation, Series 1975, dated 8/1/75, now outstanding in the principal amount of $63,000, bearing interest and maturing in the amounts on August 1 of the years as follows: 5:000; 2M-79/2002; 3M-03/07 Certificates of Obligation, Series 1976, dated 7/15/76, now outstanding in the principal amount of $45,000, bearing interest and maturing in the amounts on July 15 of the years as follows: 5:00%: 5M-79/87 Certificates of Obligation, Series 1978, dated 9/1/78, now outstanding in the principal amount of $300,000, bearing interest and maturing in the amounts on February 1 of the years as follows: 5.65%; 5M-80/82; 10M-83-84; 20M-84/87; 25M-88; 30M-89/94 NO -ARBITRAGE CERTIFICATE THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK The undersigned, being the duly chosen and qualified and City Manager, respectively, of the Cit of Round ( Rock Mayorhe "City"), hereby certify with respect to that issue of City of Round Rock, Texas General Obligation Bonds, Series 1979, dated ay 1, 1979, in the principal amount of $1,950,000 (the "bonds") s follows: 1. that we, along with other officers, with the responsibility of issuing the bondseandaex-d pending the proceeds of the bonds. 2. that this certificate and covenant are made pur- suant to Sections 1.103-13, 1.103-14, and 1.103-15 of the proposed Income Tax Regulations (the "Regulations" ) of the Internal Revenue Service with respect to arbitrage bonds as described in Section. 103(c) of the Intim Revenue Code of 1954, as amended and (the " words and phrasesAY "Code"), , t e used herein have the same meanings as defined and used in the Regulations. 3. that this certificate is based on facts and circumstances in existence estimates, cents, x�.s �.vnce on the date of• this certi- ficate, which is the date of issue of the bonds, n such basis it is reasonably expected that thellowing will -occur with respect to the bonds, and to the best g knowledge -and belief of the undersigned, such expecta- tions are reasonable: (a) that the bonds are issued for the purpose of constructing and improving the City's streets and pur- chasing rights of way, improving and permanently ping the City's parks, acquiring a site for aseweruip- treatment plant, constructingand a municipal library buildingandacquiring, cy nseqtructin and equippinga acquiring, constructing, fire station; (b) that the City will incur, within six months after the date of issue of the bonds, binding obli- gations to commence each of the projects, respective- ly, to be financed by the bonds, either by entering into contracts for the construction of such projects to be financed by the bonds, or by entering into con- tracts for architectural or engineering services for such projects, or contracts for land acquisition, site development, purchase of construction materials, or purchase of equipment, for such projects, or in case of services, will commit itself to make an equivalent expenditure for similar services -by employees of the City, with the amount to be paid under each such con- tract and commitment with respect to each such project, respectively, to be in excess of two and one-half per- cent of the portion of the amounts received from the sale of the bonds allocated to each such project, respectively (with the aggregate amounts to be paid under all of such contracts to be in excess of two and one-half percent of all of the amounts received from the sale of the bonds); (c) that after entering into said contracts or making such commitments, work on all of such projects will proceed promptly with due diligence to comple- tion; (d) that all of the amounts received from the sale of the bonds will be expended for the purposes of the bonds by the .end of the three-year period be -- ginning on the date of issue of the bonds; (e) that none of the amounts received from the sale of the bonds will be placed in a reserve or re- placement fund, and, except as provided in (f) and (g), below, none of the amounts received from the sale of the bonds and 'none of the proceeds of the bonds of any kind will either (i) be placed in a reserve or replacement fund, or (ii) be used directly or indirect- ly to replace funds which were used directly or in- directly to acquire any securities or obligations of any kind; (f) that a separate and special "Interest and Sinking Fund" has been created and established solely to pay the principal of and interest on the bonds, with a portion of such fund constituting a bona fide debt service fund for the bonds, and money deposited into the "Interest and Sinking Fund" for the bonds will not be invested except during the thirteen month period beginning on the date of each such deposit of money, and the amounts received from the investment of money in the "Interest and Sinking Fund" will not be invested except during the one year period beginning on the date of receipt of such amounts; provided, how- ever, and except that, if any money so deposited, and any amounts received from the investment thereof, are accumulated in the "Interest and Sinking Fund" and re- main on hand in the "Interest and Sinking Fund" after thirteen months from the date of deposit of any such money or one year after the receipt of any such amounts from the investment thereof, such money and amounts, to the extent of an aggregate not exceeding 15% of the ori- ginal face amount of the bonds (with the bonds having been sold at face value or par), shall constitute a reasonably required debt service reserve fund for the bonds, and may be invested, and will not be subject to investment yield restrictions, and shall constitute a separate portion of the "Interest and Sinking Fund"; (g) that it is expected that a portion of the "Interest and Sinking Fund" will be used primarily to achieve a proper •matching of tax revenues collected for the bonds and debt service on the bonds within each bond year, and it is expected that such portion of the "Interest and Sinking Fund" will be depleted once a year on a first in - first out basis, except for a possible carryover amount which will not exceed the greater of one year's earnings on such fund or 1/12 of annual debt service payable from such fund, but any money and amounts which rnay be accumulated in the "Interest and Sinking Fund" to constitute a debt service reserve fund for the bonds as described in (f), above, shall constitute a separate portion of the "In- terest and Sinking Fund", -and will not be depleted an- nually, and will not be subject to yield restrictions; provided that in no event will such debt service re- serve fundi portion of the "Interest and Sinking Fund" ever exceed 15% of the original face amount of the bonds; (h) that except as •provided in (f) and (g) , above, no money or amounts will be held or accumulated in or invested from any sinking fund, debt service fund, re- demption fund, reserve fund, replacement fund, or simi- lar fund which is reasonably expected to be used to pay principal or interest on the bonds; (i) that none of the projects to be financed by the bonds will be sold or otherwise disposed of, in whole or in part, prior to the final maturity of the bonds; the (j) that the amounts received from the sale of tbonds will not exceed the amounts necessary for the governmental purposes of the bonds; (k) that the City has not been notified of any listing of it by the internal Revenue Service as an issuer that may not certify its bonds. 4. that it is not expected that the proceeds of the bonds will be used in any manner that would cause such obligations) to be arbitrage bonds under Section 103(c) of the Code and 1 the Regulations prescribed under that Section, and it is further specifically covenanted that the proceeds of the bonds will not 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 that Section or the Regulations pre- scribed by that Section. 5. that to our best knowledge and belief there are no other facts, estimates, or circumstances that would ma- terially change the foregoing conclusions or statements. (SEAL) EXECUTED this TREASURER'S RECEIPT THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK The undersigned hereby certifies as follows: (a) That this certificate is executed and delivered with reference to that issue of CITY OF ROUND ROCK, TEXAS GENERAL OBLIGATION BONDS SERIES 1979, dated May 1, 1979, in the principal amount of $1,950,000. (b) That the undersigned is the duly chosen, qualified, and acting Treasurer of the issuer of said Bonds. (c) That all of said Bonds have been duly delivered to the purchasers thereof, namely: iA1 (d) That all of said Bonds have been paid for in full by said purchasers concurrently with the delivery of this certificate, and the issuer of said Bonds has received, and hereby acknowledges receipt of, the agreed purchase price for said Bonds, being the par or principal amount thereof and accrued interest to the date of delivery. (e) That all interest coupons representing interest scheduled to come due on said Bonds were attached to said Bonds at the time of delivery thereof ; except that all interest coupons, if any, scheduled to come due prior to the date of delivery of said Bonds were detached and cancelled prior to said delivery. EXECUTED and delivered this II CLOSING CERTIFICATE THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK • We, the undersigned officers of said City, hereby certify as follows: 1. That this certificate is executed for and on behalf of said City with reference to the issuance of the proposed CITY OF ROUND ROCK, TEXAS GENERAL OBLIGATION BONDS, SERIES 1979, DATED May 1, 1979, in the principal amount of $1,950,000. 2. That, to our best knowledge and belief: (a) the description and statements of or pertaining to the City contained in its Official Statement dated March 13, 1979, and any addendum, supplement or amendment thereto, for its General Obligation Bonds, Series 1979, on the date of such Official Statement, on the best bid therefor, and on the date of delivery of said bonds to the purchasers, were and are true and correct in all material respects; (b) insofar as the City and its affairs, including its financial affairs, are concerned, such. Official Statement did not and does not contain an untrue statement of a material factor omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; and (c) insofar as the descriptions and statements, including financial data, or pertaining to entities other than the City, and their activities, contained in such Official Statement are concerned, such statements and data have been obtained from sources which the City believes to be reliable and that the City has no reason to believe that they are untrue in any material respect. SIGNED AND SEALED this Secreta(.57§47/11/-1 ry SIGNATURE IDENTIFICATION AND NO -LITIGATION CERTIFICATE THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF ROUND ROCK We, the undersigned, hereby certify as follows : (a) That this certificate is executed and delivered with reference to that issue of CITY OF ROUND ROCK, TEXAS GENERAL OBLIGATION BONDS, SERIES 1979, dated May 1, 1979, in the principal amount of $1,950,000. (b) That we officially executed and signed said Bonds and the interest coupons attached thereto by causing facsimiles of our manual signatures to be imprinted or lithographed on each of said Bonds and interest coupons, and we hereby adopt said facsimile signatures as our own, respectively, and declare that said facsimile signatures constitute our signatures the same as if we had manually signed each of said Bonds and interest coupons. (c) That said Bonds and interest coupons are substantially in the form, and have been duly ex- ecuted and signed in the manner, prescribed in the order, resolution, or ordinance authorizing the issu- ance of said Bonds and interest coupons. (d) That at the time we so executed and signed said Bonds and interest coupons we were, and at the time of executing this certificate we are, the duly chosen, qualified, and acting officers indicated therein, and authorized to execute the same. (e) That no litigation of any nature has been filed or is now pending to restrain or enjoin the issu- ance or delivery of said Bonds or interest coupons, or which would affect the provision made for their payment or security, or in any manner questioning the proceedings or authority concerning the issu- ance of said Bonds and interest coupons, and that so far as we know and believe no such litigation is threatened. (f) That neither the corporate existence nor boundaries of said issuer is being contested, that no litigation has been filed or is now pending which would affect the authority of the officers of said issuer to issue, execute, and deliver said Bonds and interest coupons, and that no authority or proceedings for the issuance of said Bonds and interest coupons have been repealed, revoked, or rescinded. (g) That we have caused the official seal of said issuer to be impressed, or printed, or lithographed on each of said Bonds ; and said seal on said Bonds has been duly adopted as, and is hereby declared to be, the official seal of said issuer. EXECUTED and delivered this MANUAL SIGNATURES OFFICIAL TITLES (BANK SEAL) Mayor % 'Eje._,. City Secretar The signatures of the officers subscribed above are hereby certified to be true and genuine. First National Bank of Round Rock Authorized Officer LAW OFFICES McCall, Parkhurst & Horton 1400 Mercantile Bank Building Dallas, Texas 75201