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HomeMy WebLinkAbout17594 ORD - 05/18/1983ORDINANCE NO. / 59',/ BY' THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, PROVIDING FOR THE ISSUANCE OF $11,045,000 CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BONDS, SERIES 1983, BEARING INTEREST AT THE RATES HEREINAFTER SET FORTH, AND PROVIDING FOR THE LEVY, ASSESSMENT AND COLLECTION OF A TAX SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AND TO CREATE A SINKING FUND FOR THE REDEMPTION THEREOF AT MATURITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND DECLARING AN EMERGENCY WHEREAS, it is deemed advisable and to the best inter- est of the City that bonds authorized at an election held in said City on February 20, 1982 be sold at this time, the date of the election, amounts of bonds authorized thereat, purposes, and the amount now to be sold being as follows: DATE OF AMOUNT AMOUNT PRE- AMT.NOW ELECTION AUTHORIZED PURPOSE VIOUSLY SOLD OFFERED 2-20-82 $ 15,675,000 San. Sewer $ 5,800,000 $ 100,000 2-20-82 12,315,000 Street 825,000 3,030,000 2-20-82 800,000 San.Land Fill 450,000 350,000 2-20-82 1,212,000 Parks & Recrea. 560,000 300,000 2-20-82 5,000,000 Airpt.Land & Hazard Elimin. 1,000,000 1,500,000 2-20-82 1,642,000 Airport Impr. 440,000 80,000 2-20-82 2,255,000 Storm Sewer 425,000 555,000 2-20-82 1,565,000 Public Safety 725,000 430,000 2-20-82 5,000,000 Library 300,000 4,700,000 $ 45,464,000 $10,525,000 $11,045,000 WHEREAS, 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 public necessity being that the proceeds from the proposed bonds are required as soon as possible and without delay for necessary and urgently needed public improvements; that this meeting was open to the public as required by law; and that public notice of the time, place and purpose of this meeting was given as required by Vernon's Ann. Civ. St. Article 6252-17, as amended. ' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 1. That said City's coupon bonds to be designated the "City of Corpus Christi, Texas General Improvement Bonds, 17594 SEP 28 1984 MJCROFILMED Kf Series 1983" are hereby authorized to be issued and delivered in accordance with the Constitution and the laws of the State of Texas in the principal amount of $11,045,000 for the purpose of providing $100,000 for constructing improvements to the Sanitary Sewer System, including im- provements to Allison, Laguna Madre, and Westside Plants, extension of laterals and trunk lines at various locations 1, yr within the City limits, and other Sanitary Sewer Improve- ments; $3,030,000 for improving the streets of the City, including Tiger Lane from Weber Road to Flynn Parkway; Purdue Road from Waldron Road to Flour Bluff Drive and from Debra Lane to Laguna Shores Road; McArdle Road from Crescent Drive to Nile Drive; various traffic signal improvements; intersection improvements throughout the City, and other street and sidewalk_ improvements; $350,000 for purchasing land for permanent improvements, to -wit: Expansion of the Elliott sanitary landfill site and other sanitation improvements; $300,000 for improving lands for park and recreation facilities, including various neighborhood parks; Greenwood Park, including grading and fill; improvements to St. Andrews Park; tennis court lighting, and other park improvements; $1,500,000 for acquiring land to eliminate airport hazards; $80,000 for constructing airport improve- ments at the City's International Airport, including extension of the concourse; expansion of ticket wings and other airport improvements; $555,000 for constructing drainage improvements, including improved storm sewers in the Calallen, Clarkwood areas; various intersections along South Padre Island Drive, and other storm sewer improve- ments; $430,000 for making permanent improvements, to -wit: Building and equipping additional fire stations and/or public safety buildings in the Saratoga -Weber, Five Points, and Padre Island areas of the City, and related permanent improvements; and $4,700,000 for permanent improvements, to -wit: # Constructing a central library including' land acquisition and equipment, and other cultural enhancements. 4 2. That said bonds shall be dated June 1, 1983, shall be numbered consecutively from 1 through 2209, shall be in the denomination of $5,000 each, and shall mature and become due and payable serially on June 1 in each of the years, and in the amounts, respectively, as set forth in the following schedule: YEARS AMOUNTS YEARS AMOUNTS 1984 $ 220,000 1994 $ 600,000 1985 250,000 1995 600,000 1986 375,000 1996 600,000 1987 600,000 1997 600,000 1988 600,000 1998 600,000 1989 600,000 1999 600,000 1990 600,000 2000 600,000 1991 600,000 2001 600,000 1992 600,000 2002 600,000 1993 600,000 2003 600,000 3. That as to said bonds scheduled to mature on and after June 1, 1999, said City shall have the right and option to redeem such bonds prior to their scheduled maturi- ties, in whole or in part, on June 1, 1998, or on any interest payment date thereafter, for the principal amount thereof plus accrued interest to the date fixed for redemp- tion. At least thirty days before the date fixed for any such redemption, the City shall cause a written notice of such redemption to be published at least once in a financial publication printed in The City of New York, New York. By the date fixed for any such redemption, due provision shall be made with the paying agents for the payment of the prin- cipal amount of the bonds to be so redeemed, plus accrued interest thereon to the date fixed for redemption and any premium as required above. If the written notice of redemp- tion 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 maturity, and they shall not bear interest after the date fixed for redemption, and shall not be regarded as being outstanding except for the purpose of receiving the funds so provided for such payment. 3 4. That said bonds shall bear interest from their date, until maturity or redemption, at the following rates per annum: Bonds maturing 1984 -- /So% Bonds maturing 1994 -- 8.625% Bonds maturing 1985 -- c1.50% Bonds maturing 1995 -- g.tio % Bonds maturing 1986 -- '.5o % Bonds maturing 1996 -- S!5o 8 Bonds maturing 1967 -- q.6o% Bonds maturing 1997 -- Bonds maturing 1988 -- q.s0% Bonds maturing 1998 -- f.fo% Bonds maturing 1989 -- g..50% Bonds maturing 1999 -- 4.90% Bonds maturing 1990 -- 9.10% Bonds maturing 2000 -- Bonds maturing 1991 -- 9.50% Bonds maturing 2001 -- o0 8 Bonds maturing 1992 -- 9.so% Bonds maturing 2002 -- ,.5v% Bonds maturing 1993 -- 9.5'o% Bonds maturing 2003 -- /•So$ with said interest to be evidenced by interest coupons payable on December 1, 1983, and semiannually thereafter on December 1 and June 1. 5. That the principal of and interest on said bonds 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 proper bond or interest coupon at Corpus Christi National Bank, Corpus Christi, Texas, or at the option of the holder, at The Chase Manhattan Bank, N. A., New York, New York, or at Harris Trust and Savings Bank, Chicago, Illinois, which places shall be the paying agents for said bonds. 6. That each of said bonds and interest coupons shall be signed by the imprinted or lithographed facsimile signa- ture of the Mayor of said City and countersigned by the imprinted or lithographed facsimile signature of the City Secretary of said City, and the official seal of said City shall be impressed, or printed, or lithographed on each of said bonds. 7. 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 bond, and the form of the interest coupons to be attached to said bonds, shall be, respectively, substan- tially as follows: 4 (FORM OF BOND) NO. $5,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BOND SERIES 1983 On June 1, , the City of Corpus Christi, in the County of Nueces, State of Texas, promises to pay to bearer the principal amount of - FIVE THOUSAND DOLLARS and to pay interest thereon, from the date hereof, at the rate of % per annum, evidenced by interest coupons payable December 1, 1983, and semiannually thereafter on each June 1 and December 1 while this bond is outstanding. The principal of this bond and the interest coupons attached 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 Corpus Christi National Bank, Corpus Christi, Texas, or, at the option of the bearer, at The Chase Manhattan Bank, N. A., New York, New York, or at Harris Trust and Savings Bank, Chicago, Illinois, which places shall be the paying agents for this Series of bonds. This bond is one of a Series of bonds of like tenor and effect except as to number, maturity, interest rate and right of prior redemption, numbered 1 through 2209, of the denomination of $5,000 each, dated June 1, 1983, issued in the aggregate principal amount of $11,045,000 for the r purpose of providing $100,000 for constructing improvements to the Sanitary Sewer System; $3,030,000 for improving the streets of the City; $350,000 for purchasing land for permanent improvements, to -wit: Expansion of the Elliott sanitary landfill site and other sanitation improvements; $300,000 for improving lands for park purposes and recrea- tion facilities, including various neighborhood parks; 5 $1,500,000 for acquiring land to eliminate airport hazards; $80,000 for constructing airport improvements at the City's International Airport, and other airport improvements; $555,000 for constructing drainage improvements, including improved storm sewers in the Callallen, Clarkwood areas; various intersections along South Padre Island Drive, and other storm sewer improvements; $430,000 for making per- manent improvements, to -wit: Building and equipping addi- tional fire stations and/or public safety buildings in the Saratoga -Weber, Five Points, and Padre Island areas of the City, and related permanent improvements; and $4,700,000 for permanent improvements, to -wit: Constructing a central library including land acquisition and equipment, and other cultural enhancements. The bonds of this Series scheduled to mature on and after June 1, 1999 may be redeemed prior to their scheduled maturities, in whole, or in part, at the option of said City, on June 1, 1998, or on any interest payment date thereafter, for the principal amount thereof plus accrued interest to the date fixed for redemption. At least thirty days before the date fixed for any such redemption the City shall cause a written notice of such redemption to be published at least once in a financial publication printed in The City of New York, New York. By the date fixed for any such redemption, due provision shall be made with the paying agents for the payment of the principal amount of the bonds to be redeemed, plus accrued interest thereon to the date fixed for redemption, and any premium as required above. If the 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 maturity, and they shall not bear interest after the date fixed for redemption, and shall not be regarded as being' outstanding except for the purpose of receiving the funds so provided for such payment. 6 It is hereby certified and recited that this bond has been duly and validly voted, authorized, issued and de- livered in accordance with the Constitution and laws of the State of Texas; that this bond is a general obligation of said City, issued on the full faith and credit thereof; and that the ad valorem taxes, upon all taxable property in said City, necessary to pay the interest on and principal of this bond, as such interest comes due, and such principal matures, have been pledged irrevocably for such purpose, within the limit prescribed by law. In witness whereof, this bond and the interest coupons attached hereto have been signed by the imprinted or litho- graphed facsimile signature of the Mayor of said City and countersigned by the imprinted or lithographed facsimile signature of the City Secretary of said City, and the offi- cial seal of said City has been duly impressed, or printed, or lithographed on this bond. xxxxxxx xxxxxxx City Secretary, City of Corpus Mayor, City of Corpus Christi, Texas Christi, Texas (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 Gen- eral 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 xxxxxxx Comptroller of Public Accounts of the State of Texas (FORM OF INTEREST COUPON) NO. $ On 1, , the City of Corpus Christi, in the County of Nueces, State of Texas, promises to pay to bearer the amount shown on this interest coupon, in lawful money of the United States of America, without exchange or collection charges to the bearer, unless due provision has 7 been made for the redemption prior to scheduled maturity of the bond to which this interest coupon appertains, upon presentation and surrender of this interest coupon, at the Corpus Christi National Bank, Corpus Christi, Texas, or at the option of the bearer, at The Chase Manhattan Bank, N. A., New York, New York, or at Harris Trust and Savings Bank, Chicago, Illinois, said amount being interest due that day on the bond, bearing the number hereinafter designated, of that issue of City of Corpus Christi, Texas General Improve- ment Bonds, Series 1983, dated June 1, 1983. Bond No. xxxxx City Secretary Mayor 8. That a special fund or account, to be designated the "City of Corpus Christi, Texas General Improvement Bonds, Series 1983 Interest and Sinking Fund" is hereby created and shall be established and maintained by said City at its official depository bank. 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 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 City Council of said City shall compute and ascertain the rate and amount of ad valorem tax, based on the latest approved tax rolls of said City, with full allow- ances being made for tax delinquencies and costs of tax collections, 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 a sinking fund to pay the principal of such bonds as such principal matures, but never less than 2% of the original principal amount of said bonds as a sinking fund each year. Said rate and amount of ad valorem tax is hereby ordered to be levied and is hereby levied against all taxable property in said City for each year while any of said bonds or interest coupons 8 appertaining thereto are outstanding and unpaid, and said ad valorem 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 necessary to pay the interest on and principal of said bonds, as such interest comes due, and such principal matures, are hereby pledged,' irrevocably for such purpose, within the limit prescribed by law. 9. (a) That said bonds are hereby sold and shall be delivered to .T'rierIr51 Eank2*//as,N.4. ri%SSoaS/rs, at a price of par and accrued interest to date of delivery, plus a premium of $ 371,. /S (b) That the City Manager 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 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 prescribed herein to be printed and endorsed on each bond, and the seal of said Comptroller shall be impressed or printed, or lithographed on each of said bonds. 10. It is hereby officially found and determined that the meeting at which said bonds were authorized 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. 11. That for the interest scheduled to come due on the bonds herein authorized on December 1, 1983 there is hereby appropriated from City funds lawfully available for such purpose a sufficient amount of money to pay said interest. 9 12. That the City covenants to and with the 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 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. 13. The fact that the contemplated use of the proceeds of the bonds is necessary for the orderly development and growth of the City of Corpus Christi, Texas, creates a public emergency and an imperative public necessity requir- ing the suspension of the Charter Rule providing that no ordinance or resolution shall be passed finally on the date it is introduced and that such ordinance or resolution shall be read at three several meetings of the City Council and the Mayor having declared that such public emergency and imperative necessity exist, and having requested that said Charter Rule be suspended and that this ordinance take effect and be in full force and effect from and after its passage, it is accordingly so ordained. 10 14. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. PASSED AND APPROVED this 18th daj f May, 1983. Jr Mayor, Ci Texas ATTEST: Ci Secretary, ity o Corpus Christi, Texas of Corpus Christi, The foregoing ordinance was approved prior to passage JogL as to form and correctness this the f f day of May, 1983. ity Attorney City of Corpus Christi, Tex 11 Corpus Christi, Texas /l ''day of , 198 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, MAYOR THE TY OF CORPUS CHRISTI, TEXAS Council Members The above ordinance was passed Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky y the fallowing vote: r+ 17594