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HomeMy WebLinkAbout02293 ORD - 06/15/1948. + ORDliV,iNCE �/o 2 73 &ENUINO Ili ORDIN.,�JCE HLRLTOFOhV, PaS&D FINaLLY BY TffE CITY COUNCIL ON THE 27th DAY OF APhIL, 1948, 4J7i TiE; FOHI-. OF THE DEED OF TRUST PR- I'XkIa:,D THEhFIN. . HaiEMAS, heretofore on the 27th day of April, 1948, the City Council of the City of Corpus Christi passed finally an ordinance entitled: "tin Ordinance Authorizing the issuance of Waterworks Revenue Bonds for the purpose of paying a money judgment rendered against the City of Corpus Christi, in the case of Fred P. Hayward, et al, vs City of Corpus Christi, et al, designated in the Court of Civil appeals for the Tenth Supreme Judicial District of Texas as Cause No, 2666, Pledging the net revenues of the City's daterworks System and authorizing the execution and delivery of a deed of trust on the physical properties of such system as defined in the ordinance, including the grant of a franchise far the operation thereof in the event of default and sale under such deed of trust; prescribing the limitations under which additional daterworks Revenue Bonds may be issued; ordaining other matters relating to the subject." and WHEtiiiaS, it is considered to be to the best interest of the City that said ordinance and the form of Deed of Trust prescribed therein be amended prior to the execution of said Deed of Trust in the particulars herein- after set forth; BE IT OhDAINED BY THL CITY COUNCIL OF THE CITY OF COIcPUS CHRISTI, MW: Amendments applicable to the Ordinance Proper 1, Strike out Section 5 of the ordinance and insert in lieu therof a new Section 5 to be and read as follows: "Section 5. Both principal and interest shall be payable in lawful money of the United States of :+merica at Nercantile National Bank at Dallas, Dallas, Texas, or at the option of the holder at a bank within the City of New York in the State of New York, to be designated in a resolution to be adopted by the City Council after the sale of the Bonds shall have been made, upon the presentation and surrender of proper Bonds and coupons," IIi, Strike out Section 11 of the ordinance and insert in lieu thereof a new Section 11 to be and read as follows: "11. After the adoption of the resolution specifying the interest rate or rates and any additional bank or banks of payment, the same shall be expressed in the bond form and in the Deed of Trust before the Deed of Trust shall be executed." ,ffectfng the Form of Deed of Trust III In the prescribed bond form contained in the preamble to the Deed of Trust, add to the clause now appearing and reading: "Both principal of and interest on this Bond are payable in lawful money of the United States of :'Vaerica, at I:ercantile iiational Dank at Dallas, Dallas, Texas" after changing the final period to a canna, the following: "or at n The blank is to be filled out before the Deed of Trust is executed, after the adoption of the resolution fixing the interest rate or rates and designating an additional bank of payment. And that a similar blank be provided in the fora of coupon. IV. In Section 5.06 of the Deed of Trust strike out sub - sections (a) and (b) and insert in lieu thereof rewritten sub-sections ,(a),(b) and (c) to be and read as follows: "(a) On the 10 day of July, 1951, and on or before the 10 day of each month thereafter the City shall transfer from the amount remaining in the System Fund into the i(edemption Fund not less than 506 of the amount remaining in the System Fund, provided that no such transfer shall be made on any such occasion unless, and until and only so long as there shall have been deposited respectively in the Maintenance and Operation Fund in accordance with the provisions of Section 5.02, and in the Interest and Sinking Fund in accordance with the provisions of Section 5.05 all amounts of money requi.red,by each of said Sections to be deposited in such respective Funds. But subject only to the requirement that the City's obligations to cake such monthly deposits into the Maintenance and operation Fund, the Interest and Sinking Fund, and the Extension and Improvement Fund, the City's obligation to commence on July 10, 1951 the making of the monthly deposits into the Redemption Fund and to continue the making of such deposits into the Redemption Fund is absolute. If on July 10, 1951 or on the 10th day of any month thereafter the condition of any one of the three kklxnds (Maintenance and Operation, Interest and Sinking Fund, or Extension and Improvement) will not permit of a deposit into the liedemption Fund, the making of such deposit shall be commenced or resumed during the first month thereafter when possible under the provisions of this Section, "(b) money in the Redemption Fund shall be used by the City to redeem prior to their respective maturity dates the Bonds and any additional Bonds by exercising the City's right to redeem Bonds prior to their scheduled maturity dates according to the tenor and effect of such redemption provisions contained in the Bonds or the Additional Bonds, and in this Deed of Trust and in any applicable supplement to this Deed of Trust. All money in the Redemption Fund in excess of 410,000.00 shall be used by the City for said purpose at .least once in each calendar year. It shall be the duty of the City on each such occasion to call for redemption the Bonds or the Additional Bonds which are at the time subject to redemption, which will result in the greatest saving of interest to the City from the date fixed for redemption to the scheduled maturity date of the Bonds or the Additional Bonds as the case may be. The following method shall be used in determining the interest saving to the City by redeeming a bond. The total amount of interest which will be paid on the bond from the date fixed for redemption to the scheduled maturity date of the b,nd &hall be considered as the total interest cost of that bond. From this amount should be subtracted any premium required to be paid in connection with the redemption of the bond.. The amount remaining shall be considered as the a'ycnat: of interest saved by the City through the 0 ' redemption of the bond. Provided, however, that no Bonds shall be redeemed by the City unless through such redemption an economy of interest will result to the City. 11(c) On or before the loth day of July, 1951 and on or before the 10th day of each month thereafter after the City shell have transferred into the Redemption Fund the money required to be transferred under sub - section (a) of this Section it m::,y within its discretion transfer any — of money in addition th reto then r—i ing in the System Fund and any money not so transferred to the Redemption Fund shall be it tN t time transferred to the atension and improve;aent Funds." V. Immediately after Section 5.0e add : new Section to be designated Section 5.09 to be and read as followsz Section 5.09. In th- event that 3 paying agent for the, Bonds or any Additione.l Boras, other t_�•.n the Trustee, should be designated in =,ny ordinance or resolution, or in any supplement to the Deud of Trust, and if certified copies or ori7iral executed counterparts there.£ are filed with the Tau st °e it shall be the dut;: of the Trustee not less than ten "10) days prior to the date fixed for payment of interest or payment of principal and interest, to Make a— ilable to such addition l p;,ying agent or g.nt. money necessary for the payment of tho coupons or the Bonds and coupons scheduled to ,m ^.ture on such date.' PASSED AND APPROVED this thes2eia ATTEST: C , se t- (City sl The forgoing Ordinance 6e en approved as to form and i ! correctness this ,day of , 1948 GG/; 1� City Nttorney. `/ The foregoing Ordinance was read the first time and passed to the second reading on the _L day of 1948, by the following vote: ' Wesley E. Seale George R. Clark, Jr. John A. Farris R. R. Henry Joe T. Dawson The foregoing Ordinance was read tfecond time and passed to the third reading on the _f day o£, 1948, by the following vote: Wesley E. Seale alzwl George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson The foregoing Ordinance was read t third time and passed and ordered approved by the Mayor on the /s. day of 1948, by the following vote: Wesley -,. Seale George R. Clark, Jr. John A. Ferris R. R. henry Joe T. Dawson APPROVED this 1�s _day of , A. D. 1948. A ATTEST: City of Corpus Christi, Tex y a t APPROVED RS TO LEGAL FORB1: City jtt orney as .tent y A ormy