HomeMy WebLinkAbout021881 ORD - 03/01/1994IMO
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CERTIFICATE FOR ORDINANCE
THE STATE OF TEXAS
COUNTY OF NUECES
CITY OF CORPUS CHRISTI
On this the 1st day of March, 1994, the City Council of the
City of Corpus Christi, Texas convened in Regular Meeting, with the
following members of said Council present, to -wit:
Mary Rhodes
Betty Jean Longoria,
Cezar Galindo,
Jack Best,
Dr. David McNichols,
Melody Cooper,
Edward A. Martin,
Clif Moss,
David Noyola,
Juan Garza,
James Bray,
Rosie G. Vela,
Armando Chapa,
Mayor
Councilmembers,
City Manager,
City Attorney,
Director of Finance,
City Secretary
with the following absent: None, constituting a quorum, at which
time the following among other business was transacted:
City Manager Juan Garza presented for the consideration of the
Council an ordinance authorizing the sale of general improvement
refunding bonds. The ordinance was read by the City Secretary.
The motion to suspend the Charter rule as to consideration and
voting on ordinances at two regular meetings and to pass the
ordinance was carried by the following vote.
AYES: All members of the City Council shown
present above voted "Aye", except Noyola.
NAYS: David Noyola.
The Mayor announced that the ordinance had been passed. The
ordinance is as follows:
Li881
MACKFikiviai
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE ISSUANCE OF ITS GENERAL
IMPROVEMENT REFUNDING BONDS, SERIES 1994, OF THE CITY OF
CORPUS CHRISTI, TEXAS, 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; DECLARING AN EMERGENCY;
AND ORDAINING OTHER MATTERS RELATED THERETO.
WHEREAS, the City of Corpus Christi, Texas (the "City" or the
"Issuer"), a home -rule city with a population in excess of 90,000,
proposes to refund certain maturities of its outstanding
obligations secured in whole or in part by ad valorem taxes, as
more particularly described in the hereinafter described Purchase
Contract (the "Refunded Obligations"); and
WHEREAS, the refunding bonds hereinafter authorized are to be
issued and delivered pursuant to Articles 717k and 717q,
V.A.T.C.S., as amended, for the purpose of refunding the Refunded
Obligations; and
WHEREAS, Article 717k, V.A.T.C.S., as amended, further
authorizes the City to enter into an escrow agreement with any
paying agent for the Refunded Obligations with respect to the
safekeeping, investment, reinvestment, administration and
disposition of any such deposit, upon such terms and conditions as
the City and such paying agent may agree, provided that such
deposits may be invested and reinvested in direct obligations of
the United States of America, including obligations the principal
of and interest on which are unconditionally guaranteed by the
United States of America, and which shall mature and bear interest
payable at such times and in such amounts as will be sufficient to
provide for the scheduled payment or prepayment of the Refunded
Obligations; and
WHEREAS, Texas Commerce Bank National Association (the
successor to Ameritrust Texas National Association), Dallas, Texas,
is the "Paying Agent/Registrar" for the Series 1990-A Bonds, the
Series 1990-A Certificates of Obligation, the Series 1992 Bonds,
the Series 1992 Certificates of Obligation and the Series 1992-A
Certificates of Obligation, and Mercantile Bank (the successor to
First City, Texas -Corpus Christi), is the "Paying Agent/Registrar"
for the Series 1986 Bonds, the Series 1989 Certificates of
Obligation and the Series 1990 Bonds; and
WHEREAS, in accordance with Article 717k, V.A.T.C.S., the City
herein authorizes an escrow agreement with Texas Commerce Bank
National Association, wherein proceeds from the bonds herein
authorized, together with other available funds, are authorized to
be held for the purpose of the payment of principal of and interest
on the Refunded Obligations; and
WHEREAS, all the Refunded Obligations mature or are subject to
redemption prior to maturity within twenty years of the date of the
bonds hereinafter authorized.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
1. That the bonds of the City to be called "City of Corpus
Christi, Texas General Improvement Refunding Bonds, Series 1994"
(the "Bonds"), are hereby authorized to be issued in an aggregate
principal amount not to exceed $35,000,000, and shall be issued
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under and by virtue of the Constitution and laws of the State of
Texas and the Charter of the City for the purpose of refunding
certain of the outstanding obligations of the City secured by a
pledge of ad valorem taxes, to -wit: the Refunded Obligations.
2. (a) As authorized by Article 717q, Vernon's Texas Civil
Statutes, as amended, the City Manager is hereby authorized,
appointed, and designated to act on behalf of the City in the
selling and delivering of the Bonds and carrying out the other
procedures specified in this Ordinance, including determining and
fixing the date of the Bonds, the designation of the Refunded
Obligations to be refunded with the proceeds of the Bonds, the
price at which the Bonds will be sold, the years in which the Bonds
will mature, the principal amount to mature in each of such years,
the aggregate principal amount of the Bonds, the rate of interest
to be borne by each such maturity, the interest payment periods,
the dates, price, and terms upon and at which the Bonds shall be
subject to redemption prior to maturity at the option of the
Issuer, as well as any mandatory sinking fund redemption
provisions, and all other matters relating to the issuance, sale,
and delivery of the Bonds and the refunding of the Refunded
Obligations, all of which shall be specified in the Purchase
Contract between the City and the underwriters named therein
relating to the Bonds (the "Purchase Contract"). All of the
Refunded Obligations, however, shall mature or be subject to
redemption prior to maturity within 20 years of the date of the
Bonds. The City Manager, acting for and on behalf of the City, is
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authorized to enter into the Purchase Contract for the Bonds,
subject to such conditions as set forth below. The Purchase
Contract shall be in such form as shall be approved by the City
Attorney, provided that the underwriters' discount (not taking into
account any original issue discount or premium relating to the sale
of the Bonds) in relation to the purchase of the Bonds shall not be
greater than 0.75% of the aggregate principal amount thereof, the
maximum net interest cost of the Bonds to the Issuer shall not
exceed 7.00%, and the savings to be achieved as a result of the
refunding of the Refunded Obligations shall, in the best judgment
of the City Manager, after consulting with the City's financial
advisor, approximate as closely as possible, taking into account
current market conditions, $800,000. In addition, the refunding of
the Refunded Obligations shall not result in the extension of the
maturities of the ad valorem tax supported indebtedness of the
City. The City Manager is further authorized, for and on behalf of
the City, to approve the use of a Preliminary Official Statement,
and approve and execute on behalf of the City the Official
Statement, and any supplements thereto, relating to the Bonds and
referred to in such Purchase Contract. It is further provided,
however, that, notwithstanding the foregoing provisions, the Bonds
shall not be delivered unless prior to delivery, the Bonds have
been rated by a nationally recognized rating agency for municipal
securities in one of the four highest rating categories for long
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term obligations, as required by Article 717q, V.A.T.C.S., as
amended.
(b) The City Manager is hereby authorized to effect on behalf
of the City any prior redemption of any of the Refunded
Obligations, in the manner provided in the ordinances authorizing
the Refunded Bonds, to the extent such redemption is necessary to
implement the refunding plan contemplated by the issuance of the
Bonds.
(c) Anything to the contrary herein notwithstanding, the
authority hereby granted to the City Manager to execute the
Purchase Contract and thereby effect the sale of the Bonds shall
expire at 5:00 p.m. on May 2, 1994.
3. That the Bonds shall be issued as fully registered bonds,
without coupons.
4. That the Bonds shall be subject to redemption prior to
their scheduled maturities, in accordance with the terms of the
Purchase Contract. Appropriate insertions and deletions may be
made to the FORM OF BOND as hereinafter set forth to implement any
such redemption provisions provided for in the Purchase Contract.
At least 30 days prior to the date fixed for any such
redemption, (i) a written notice of such redemption shall be given
to the registered owner of each Bond or a portion thereof being
called for redemption by depositing such notice in the United
States mail, first-class postage prepaid, in the name of the City
and at the City's expense addressed to each such registered owner
at his address shown on the registration books of the Paying
Agent/Registrar (hereinafter defined) and (ii) notice of such
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redemption shall be published one (1) time in a financial journal
or publication of general circulation in the United States of
America carrying as a regular feature notices of municipal bonds
called for redemption; provided, however, that the failure to send,
mail, or receive such notice described in (i) above, or any defect
therein or in the sending or mailing thereof, shall not affect the
validity or effectiveness of the proceedings for the redemption of
any Bond, and it is hereby specifically provided that the
publication of notice described in (ii) above shall be the only
notice actually required in connection with or as a prerequisite to
the redemption of any Bonds. By the date fixed for any such
redemption due provision shall be made by the City with the Paying
Agent/Registrar for the payment of the required redemption price
for the Bonds or the portions thereof which are to be so redeemed,
plus accrued interest thereon to the date fixed for redemption. If
such notice of redemption is given, and if due provision for such
payment is made, all as provided above, the Bonds, or the portions
thereof, which are to be so redeemed, thereby automatically shall
be redeemed prior to their scheduled maturities, and shall not bear
interest after the date fixed for their redemption, and shall not
be regarded as being outstanding except for the right of the
registered owner to receive the redemption price plus accrued
interest to the date fixed for redemption from the Paying
Agent/Registrar out of the funds provided for such payment. The
Paying Agent/Registrar shall record in the registration books all
such redemptions of principal of the Bonds or any portion thereof.
If a portion of any Bond shall be redeemed a substitute Bond or
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Bonds having the same maturity date, bearing interest at the same
rate, in any denomination or denominations in any integral multiple
of $5,000, at the written request of the registered owner, equal to
the unredeemed portion thereof, will be issued to the registered
owner upon the surrender thereof for cancellation, at the expense
of the City, all as provided in this Ordinance.
5. (a) The City shall keep or cause to be kept at the
designated corporate trust office in Corpus Christi, Texas (the
"Designated Trust Office") of The Frost National Bank (the "Paying
Agent/Registrar"), or such other bank, trust company, financial
institution, or other agency named in accordance with the
provisions of (g) of this Section hereof, books or records of the
registration and transfer of the Bonds (the "Registration Books"),
and the City hereby appoints the Paying Agent/Registrar as its
registrar and transfer agent to keep such books or records and make
such transfers and registrations under such reasonable regulations
as the City and Paying Agent/Registrar may prescribe; and the
Paying Agent/Registrar shall make such transfers and registrations
as herein provided. The City Manager or the designee thereof is
hereby authorized to execute a "Paying Agent/Registrar Agreement"
in such form as is approved by the City Attorney. It shall be the
duty of the Paying Agent/Registrar to obtain from the registered
owner and record in the Registration Books the address of such
registered owner of each bond to which payments with respect to the
Bonds shall be mailed, as herein provided. The City or its
designee shall have the right to inspect the Registration Books at
the Designated Trust Office during regular business hours of the
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Paying Agent/Registrar, but otherwise the Paying Agent/Registrar
shall keep the Registration Books confidential and, unless other-
wise required by law, shall not permit their inspection by
any other entity. Registration of each Bond may be transferred in
the Registration Books only upon presentation and surrender of such
bond to the Paying Agent/Registrar for transfer of registration and
cancellation, together with proper written instruments of assign-
ment, in form and with guarantee of signatures satisfactory to the
Paying Agent/Registrar, evidencing the assignment of such bond, or
any portion thereof in any integral multiple of $5,000 denomination
to the assignee or assignees thereof, and the right of such as-
signee or assignees to have such bond or any such portion thereof
registered in the name of such assignee or assignees.
Upon the
assignment and transfer of any Bond or any portion thereof, a new
substitute bond or bonds shall be
the manner herein provided.
(b) The entity in whose name
issued in exchange therefor in
any Bond shall be registered in
the Registration Books at any time shall be treated as the absolute
owner thereof for all purposes of this Ordinance, whether or not
such bond shall be overdue, and the City and the Paying Agent/Reg-
istrar shall not be affected by any notice to the contrary; and
payment of, or on account of, the principal of, premium, if any,
and interest on any such bond shall be made only to such registered
owner. All such payments shall be valid and effectual to satisfy
and discharge the liability upon such bond to the extent of the sum
or sums so paid.
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(c) The City hereby further appoints the Paying Agent/Reg-
istrar to act as the paying agent for paying the principal of and
interest on the Bonds, and to act as its agent to exchange or
replace Bonds, all as provided in this Ordinance. The Paying
Agent/Registrar shall keep proper records of all payments made by
the City and the Paying Agent/Registrar with respect to the Bonds,
and of all exchanges of such bonds, and all replacements of such
bonds, as provided in this Ordinance.
(d) Each Bond may be exchanged for fully registered bonds in
the manner set forth herein. Each bond issued and delivered
pursuant to this Ordinance, to the extent of the unredeemed
principal amount thereof, may, upon surrender of such bond at the
Designated Trust Office of the Paying Agent/Registrar, together
with a written request therefor duly executed by the
owner or the assignee or
assignees thereof, or its or
registered
their duly
authorized attorneys or representatives, with guarantee of signa-
tures satisfactory to the Paying Agent/Registrar, at the option of
the registered owner or such assignee or assignees, as appropriate,
be exchanged for fully registered bonds, without interest coupons,
in the form prescribed in the FORM OF BOND set forth in this
Ordinance, in the denomination of $5,000, or any integral multiple
thereof (subject to the requirement hereinafter stated that each
substitute bond shall have a single stated maturity date), as re-
quested in writing by such registered owner or such assignee or
assignees, in an aggregate principal amount equal to the unredeemed
principal amount of any Bond or Bonds so surrendered, and payable
to the appropriate registered owner, assignee, or assignees, as the
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case may be. If a portion of any Bond shall be redeemed prior to
its scheduled maturity as provided herein, a substitute bond or
bonds having the same maturity date, bearing interest at the same
rate, in the denomination or denominations of any integral multiple
of $5,000 at the request of the registered owner, and in an
aggregate principal amount equal to the unredeemed portion thereof,
will be issued to the registered owner upon surrender thereof for
cancellation. If any Bond or portion thereof is assigned and
transferred, each bond issued in exchange therefor shall have the
same maturity date and bear interest at the same rate as the bond
for which it is being exchanged. Each substitute bond shall bear
a letter and/or number to distinguish it from each other bond. The
Paying Agent/Registrar shall exchange or replace Bonds as provided
herein, and each fully registered bond or bonds delivered in
exchange for or replacement of any Bond or portion thereof as
permitted or required by any provision of this Ordinance shall
constitute one of the Bonds for all purposes of this Ordinance, and
may again be exchanged or replaced. It is specifically provided,
however, that any Bond delivered in exchange for or replacement of
another Bond prior to the first scheduled interest payment date on
the Bonds (as stated on the face thereof) shall be dated the same
date as such Bond, but each substitute bond so delivered on or
after such first scheduled interest payment date shall be dated as
of the interest payment date preceding the date on which such
substitute bond is delivered, unless such substitute bond is
delivered on an interest payment date, in which case it shall be
dated as of such date of delivery; provided, however, that if at
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the time of delivery of any substitute bond the interest on the
Bond for which it is being exchanged has not been paid, then such
substitute bond shall be dated as of the date to which such
interest has been paid in full. On each substitute bond issued in
exchange for or replacement of any Bond or Bonds issued under this
Ordinance there shall be printed thereon a Paying Agent/Registrar's
Authentication Certificate, in the form hereinafter set forth. An
authorized representative of the Paying Agent/Registrar shall,
before the delivery of any such substitute bond, date such substi-
tute bond in the manner set forth above, and manually sign and date
such Certificate, and no such substitute bond shall be deemed to be
issued or outstanding unless such Certificate is so executed. The
Paying Agent/Registrar promptly shall cancel all Bonds surrendered
for exchange or replacement. No additional ordinances, orders, or
resolutions need be passed or adopted by the City Council or any
other body or person so as to accomplish the foregoing exchange or
replacement of any Bond or portion thereof, and the Paying
Agent/Registrar shall provide for the printing, execution, and
delivery of the substitute bonds in the manner prescribed herein,
and said bonds shall be of type composition printed on paper with
lithographed or steel engraved borders of customary weight and
strength. Pursuant to Article 717k-6, V.A.T.C.S., and particularly
Section 6 thereof, the duty of exchange or replacement of any Bonds
as aforesaid is hereby imposed upon the Paying Agent/Registrar,
and, upon the execution of said Paying Agent/Registrar's Authen-
tication Certificate, the exchanged or replaced bond shall be
valid, incontestable, and enforceable in the same manner and with
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the same effect as the Bonds which originally were delivered
pursuant to this Ordinance, approved by the Attorney General, and
registered by the Comptroller of Public Accounts. Neither the City
nor the Paying Agent/Registrar shall be required (1) to issue,
transfer, or exchange any Bond during a period beginning at the
opening of business 30 days before the day of the first mailing of
a notice of redemption of Bonds and ending at the close of business
on the day of such mailing, or (2) to transfer or exchange any Bond
so selected for redemption in whole when such redemption is
scheduled to occur within 30 calendar days.
(e) All Bonds issued in exchange or replacement of any other
or portion thereof, (i) shall be issued in fully registered
form, without interest coupons, with the principal of and interest
on such Bonds to be payable only to the registered owners thereof,
(ii) may be redeemed prior to their scheduled maturities, (iii) may
be transferred and assigned, (iv) may be exchanged for other Bonds,
and
Bond
(v) shall
have the characteristics, (vi)
shall be signed
sealed, and (vii) the principal of and interest on the Bonds shall
be payable, all as provided, and in the manner required or
indicated, in the FORM OF BOND set forth in this Ordinance.
(f) The City shall pay all of the Paying Agent/Registrar's
reasonable and customary fees and charges for making transfers and
exchanges of Bonds, but the registered owner of any Bond requesting
such transfer shall pay any taxes or other governmental charges
required to be paid with respect thereto. In addition, the City
hereby covenants with the registered owners of the Bonds that it
will (i) pay the reasonable and standard or customary fees and
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charges of the Paying Agent/Registrar for its services with respect
to the payment of the principal of and interest on the Bonds, when
due, and (ii) pay the fees and charges of the Paying Agent/ -
Registrar for services with respect to the transfer or registration
of Bonds solely to the extent above provided, and with respect to
the exchange of Bonds solely to the extent above provided.
(g) The City covenants with the registered owners of the
Bonds that at all times while the Bonds are outstanding the City
will provide a competent and legally qualified bank, trust company,
financial institution, or other agency to act as and perform the
services of Paying Agent/Registrar for the Bonds under this Ordi-
nance, and that the Paying Agent/Registrar will be one entity. The
City reserves the right to, and may, at its option, change the
Paying Agent/Registrar upon not less than 60 days written notice to
the Paying Agent/Registrar. In the event that the entity at any
time acting as Paying Agent/Registrar (or its successor by merger,
acquisition, or other method) should resign or otherwise cease to
act as such, the City covenants that promptly it will appoint a
competent and legally qualified national or state banking
institution which shall be a corporation organized and doing
business under the laws of the United States of America or of any
state, authorized under such laws to exercise trust powers, subject
to supervision or examination by federal or state authority, and
whose qualifications substantially are similar to the previous
Paying Agent/Registrar to act as Paying Agent/Registrar under this
Ordinance. Upon any change in the Paying Agent/Registrar, the
previous Paying Agent/Registrar promptly shall transfer and deliver
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the registration books (or a copy thereof), along with all other
pertinent books and records relating to the Bonds, to the new
Paying Agent/Registrar designated and appointed by the City. Upon
any change in the Paying Agent/Registrar, the City promptly will
cause a written notice thereof to be sent by the new Paying
Agent/Registrar to each registered owner of the Bonds, by United
States Mail, postage prepaid, which notice also shall give the
address of the new Paying Agent/Registrar. By accepting the
position and performing as such, each Paying Agent/Registrar shall
be deemed to have agreed to the provisions of this Ordinance, and
a certified copy of this Ordinance shall be delivered to each
Paying Agent/Registrar.
6. The form of all Bonds, including the form of the
Comptroller's Registration Certificate to accompany the Bonds on
the initial delivery thereof, the form of Paying Agent/Registrar's
Authentication Certificate, and the Form of Assignment to be
printed on each of the Bonds, shall be, respectively, substantially
as follows, with such appropriate variations, omissions, or
insertions as are permitted or required by this Ordinance.
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FORM OF BOND
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF NUECES
CITY OF CORPUS CHRISTI, TEXAS
GENERAL IMPROVEMENT REFUNDING BOND
SERIES 1994
NO. R- $
MATURITY DATE INTEREST RATE, ORIGINAL ISSUE DATE CUSIP
March 1, 1994
ON THE MATURITY DATE SPECIFIED ABOVE, THE CITY OF CORPUS
CHRISTI, TEXAS (the "Issuer"), hereby promises to pay to
, or to the registered assignee
hereof (either being hereinafter called the "registered owner") the
principal amount of
and to pay interest thereon, from the original issue date of this
Bond specified above, to the date of its scheduled maturity or the
date of its redemption prior to scheduled maturity, at the rate of
interest per annum specified above, with said interest being
payable on September 1, 1994, and semiannually on each March 1 and
September 1 thereafter, except that if the Paying Agent/Registrar's
Authentication Certificate appearing on the face of this Bond is
dated later than September 1, 1994, such interest is payable semi-
annually on each March 1 and September 1 following such date.
THE PRINCIPAL OF AND INTEREST ON this Bond are payable in
lawful money of the United States of America, without exchange or
collection charges. The principal of this Bond shall be paid to
the registered owner hereof upon presentation and surrender of this
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Bond at maturity or upon the date fixed for its redemption prior to
maturity, at the designated corporate trust office in Corpus
Christi, Texas (the "Designated Trust Office") of The Frost
National Bank (the "Paying Agent/Registrar"). The payment of
interest on this Bond shall be made by the Paying Agent/Registrar
to the registered owner hereof as shown by the Registration Books
kept by the Paying Agent/Registrar at the close of business on the
15th day of the month next preceding such interest payment date by
check drawn by the Paying Agent/Registrar on, and payable solely
from, funds of the Issuer required to be on deposit with the Paying
Agent/Registrar for such purpose as hereinafter provided; and such
check shall be sent by the Paying Agent/Registrar by United States
mail, first-class postage prepaid, on each such interest payment
date, to the registered owner hereof at its address as it appears
on the Registration Books kept by the Paying Agent/Registrar, as
hereinafter described, or by such other method, acceptable to the
Paying Agent/Registrar, requested by, and at the risk and expense
of, the registered owner. The Issuer covenants with the registered
owner of this Bond that no later than each principal payment and/or
interest payment date for this Bond it will make available to the
Paying Agent/Registrar from the Interest and Sinking Fund as
defined by the ordinance authorizing the Bonds (the "Ordinance")
the amounts required to provide for the payment, in immediately
available funds, of all principal of and interest on the Bonds,
when due.
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THE TERMS AND PROVISIONS of this Bond are continued on the
reverse side hereof and shall for all purposes have the same effect
as though fully set forth at this place.
*IF THE DATE for the payment of the principal of or interest
on this Bond shall be a Saturday, Sunday, a legal holiday, or a day
on which banking institutions in the city where the Designated
Trust Office of the Paying Agent/Registrar is 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 on which 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.
*THIS BOND is one of a Series of Bonds (the "Bonds"), dated as
of the Original Issue Date specified above, authorized in
accordance with the Constitution and laws of the State of Texas,
aggregating in principal amount $ , for the purpose of
refunding certain obligations of the outstanding obligations of the
City secured by a pledge of ad valorem taxes defined in the
Ordinance as the "Refunded Obligations".
*ON MARCH 1, 2004, or on any interest payment date thereafter,
the Bonds of this Series maturing on and after March 1, 2005 may be
redeemed prior to their scheduled maturities, at the option of the
Issuer, with funds derived from any available and lawful source, as
a whole, or in part (provided that a portion of a Bond may be re-
deemed only in an integral multiple of $5,000), at par and accrued
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interest to the date fixed for redemption. The years of maturity
of the Bonds called for redemption at the option of the Issuer
prior to stated maturity shall be selected by the Issuer. The
Bonds or portions thereof redeemed within a maturity shall be se-
lected at random and by lot by the Paying Agent/Registrar.
*AT LEAST 30 days prior to the date fixed for any such redemp-
tion, (a} a written notice of such redemption shall be given to the
registered owner of each Bond or a portion thereof being called for
redemption by depositing such notice in the United States mail,
first-class postage prepaid, addressed to each such registered
owner at his address shown on the Registration Books of the Paying
Agent/Registrar and (b) notice of such redemption shall be
published one (1) time in a financial journal or publication of
general circulation in the United States of America carrying as a
regular feature notices of municipal bonds called for redemption,
provided, however, that the failure to send, mail, or receive such
notice described in (a) above, or any defect therein or in the
sending or mailing thereof, shall not affect the validity or
effectiveness of the proceedings for the redemption of any Bond,
and the Ordinance provides that the publication of notice as de-
scribed in (b) above shall be the only notice actually required in
connection with or as a prerequisite to the redemption of any
Bonds. By the date fixed for any such redemption due provision
shall be made by the Issuer with the Paying Agent/Registrar for the
payment of the required redemption price for this Bond or the
portion hereof which is to be so redeemed, plus accrued interest
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thereon to the date fixed for redemption. If such notice of
redemption is given, and if due provision for such payment is made,
all as provided above, this Bond, or the portion hereof which is to
be so redeemed, thereby automatically shall be redeemed prior to
its scheduled maturity, and shall not bear interest after the date
fixed for its redemption, and shall not be regarded as being
outstanding except for the right of the registered owner to receive
the redemption price plus accrued interest to the date fixed for
redemption from the Paying Agent/Registrar out of the funds pro-
vided for such payment. The Paying Agent/Registrar shall record in
the Registration Books all such redemptions of principal of this
Bond or any portion hereof. If a portion of any Bond shall be
redeemed a substitute Bond or Bonds having the same maturity date,
bearing interest at the same rate, in any denomination or denomina-
tions in any integral multiple of $5,000, at the written request of
the registered owner, and in aggregate principal amount equal to
the unredeemed portion thereof, will be issued to the registered
owner upon the surrender thereof for cancellation, at the expense
of the Issuer, all as provided in the Ordinance.
*ALL BONDS OF THIS SERIES are issuable solely as fully
registered bonds, without interest coupons, in the denomination of
any integral multiple of $5,000. As provided in the Ordinance,
this Bond, or any unredeemed portion hereof, may, at the request of
the registered owner or the assignee or assignees hereof, be
assigned, transferred, and exchanged for a like aggregate principal
amount of fully registered bonds, without interest coupons, payable
-19-
r
to the appropriate registered owner, assignee, or assignees, as the
case may be, having the same maturity date, and bearing interest at
the same rate, in any denomination or denominations in any integral
multiple of $5,000 as requested in writing by the appropriate
registered owner, assignee, or assignees, as the case may be, upon
surrender of this Bond to the Paying Agent/Registrar at its
Designated Trust Office for cancellation, all in accordance with
the form and procedures set forth in the Ordinance. Among other
requirements for such assignment and transfer, this Bond must be
presented and surrendered to the Paying Agent/Registrar, together
with proper instruments of assignment, in form and with guarantee
of signatures satisfactory to the Paying Agent/Registrar,
evidencing assignment of this Bond or any portion or portions
hereof in any integral multiple of $5,000 to the assignee or
assignees in whose name or names this Bond or any such portion or
portions hereof is or are to be transferred and registered. The
form of Assignment printed or endorsed on this Bond may be executed
by the registered owner to evidence the assignment hereof, but such
method is not exclusive, and other instruments of assignment
satisfactory to the Paying Agent/Registrar may be used to evidence
the assignment of this Bond or any portion or portions hereof from
time to time by the registered owner. The Issuer shall pay the
Paying Agent/Registrar's reasonable standard or customary fees and
charges for transferring and exchanging any Bond or portion
thereof. In any circumstance, any taxes or governmental charges
required to be paid with respect thereto shall be paid by the one
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requesting such assignment, transfer, or exchange as a condition
precedent to the exercise of such privilege. In any circumstance,
neither the Issuer nor the Paying Agent/Registrar shall be required
(1) to make any transfer or exchange during a period beginning at
the opening of business 30 days before the day of the first mailing
of a notice of redemption of bonds and ending at the close of
business on the day of such mailing, or (2) to transfer or exchange
any bonds so selected for redemption when such redemption is
scheduled to occur within 30 calendar days.
*WHENEVER the beneficial ownership of this Bond is determined
by a book entry at a securities depository for the Bonds, the
foregoing requirements of holding, delivering or transferring this
Bond shall be modified to require the appropriate person or entity
to meet the requirements of the securities depository as to
registering or transferring the book entry to produce the same
effect.
*IN THE EVENT any Paying Agent/Registrar for the Bonds is
changed by the Issuer, resigns, or otherwise ceases to act as such,
the Issuer has covenanted in the Ordinance that it promptly will
appoint a competent and legally qualified substitute therefor, and
promptly will cause written notice thereof to be mailed to the
registered owners of the Bonds.
*BY BECOMING the registered owner of this Bond, the registered
owner thereby acknowledges all of the terms and provisions of the
Ordinance, agrees to be bound by such terms and provisions,
acknowledges that the Ordinance is duly recorded and available for
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inspection in the official minutes and records of the governing
body of the Issuer, and agrees that the terms and provisions of
this Bond and the Ordinance constitute a contract between each
registered owner hereof and the Issuer.
*IT IS HEREBY CERTIFIED AND RECITED that the issuance of this
Bond, and the series of which it is a part, is duly voted to the
extent required by law, authorized, issued and delivered in
accordance with the Constitution and laws of the State of Texas;
that all acts, conditions and things required to be done precedent
to and in the issuance of this series of bonds, and of this Bond,
have been properly done and performed and have happened in regular
and due time, form and manner as required by law; and that ad
valorem taxes, upon all taxable property in said City, necessary to
pay the interest on and principal of this bond, and the series of
which it is a part, as such interest comes due, and such principal
matures, have been pledged for such purpose, within the limit
prescribed by law.
IN WITNESS WHEREOF, this Bond has been signed with the manual
or facsimile signature of the Mayor of the City, attested by the
manual or facsimile signature of the City Secretary, and the
official seal of the Issuer has been duly affixed to, impressed or
placed in facsimile, on this Bond.
ATTEST:
(signature) (signature)
City Secretary, Mayor,
City of Corpus Christi, Texas City of Corpus Christi, Texas
(SEAL)
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FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Bond has been issued under
the provisions of the Ordinance described on the face of this Bond;
and that this Bond has been issued in conversion of and exchange
for or replacement of a bond, bonds, or a portion of a bond or
bonds of an issue which originally was approved by the Attorney
General of the State of Texas and registered by the Comptroller of
Public Accounts of the State of Texas.
Dated:
Paying Agent/Registrar
By
Authorized Representative
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* FORM OF ASSIGNMENT:
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and
transfers unto
Please insert Social Security or Taxpayer
Identification Number of Transferee
(Please print or typewrite name and address, including
zip code of Transferee)
the within Bond and all rights thereunder, and hereby
irrevocably constitutes and appoints
attorney to register the transfer of the within Bond on the books
kept for registration thereof, with full power of
substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must
be guaranteed by a member
firm of the New York Stock
Exchange or a commercial
bank or trust company.
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NOTICE: The signature above
must correspond with the name
of the Registered Owner as it
appears upon the front of this
Bond in every particular,
without alteration or enlarge-
ment or any change whatsoever.
**
(FORM OF COMPTROLLER'S CERTIFICATE ATTACHED TO
THE BONDS UPON INITIAL DELIVERY THEREOF)
OFFICE OF COMPTROLLER .
STATE OF TEXAS
I hereby certify that there is on file and of record in my
office a certificate of the Attorney General of the State of Texas
to the effect that this Bond has been examined by him as required
by law, and that he finds that it has been issued in conformity
with the Constitution and laws of the State of Texas, and that it
is a valid and binding obligation of the City of Corpus Christi,
Texas, payable in the manner provided by and in the ordinance
authorizing same, and said Bond has this day been registered by me.
WITNESS MY HAND and seal of office at Austin, Texas
REGISTER NO.
Comptroller of Public Accounts of
the State of Texas
(SEAL)
NOTE TO PRINTER:
*Qs to be on reverse side of bond
**n not to be on bond
7. (a) That a special fund or account, to be designated the
"City of Corpus Christi, Texas Interest and Sinking Fund" is hereby
created and shall be established and maintained by said City at its
official depository. 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
the Bonds. Any accrued interest derived for the sale of the Bonds
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shall be deposited to the credit of said Interest and Sinking Fund.
All taxes levied and collected for and on account of the Bonds
shall be deposited, as collected, to the credit of said Interest
and Sinking Fund. During each year while any of the Bonds 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 allowances 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 the Bonds as such interest comes due, and to provide a
sinking fund to pay the principal of the Bonds as such principal
matures, but never less than 2% of the original principal amount of
the 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 the Bonds 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 the Bonds,
as such interest comes due, and such principal matures, are hereby
pledged for such purpose, within the limit prescribed by law.
(b) In addition, the City shall transfer from its General
Fund to the Interest and Sinking Fund such amounts as may be
necessary to enable the City to make the first scheduled payment of
interest on the Bonds. Furthermore, certain of the Refunded
Obligations are additionally secured by certain designated
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revenues. The City may continue to transfer such revenues to the
Interest and Sinking Fund in support of those Refunded Obligations
refunded by the Bonds, in the manner and subject to the limitations
prescribed in the ordinances authorizing the issuance of such
respective Refunded Obligations.
8. (a) That any Bond and the interest thereon shall be
deemed to be paid, retired, and no longer outstanding (a "Defeased
Bond") within the meaning of this Ordinance, except to the extent
provided in subsection (d) of this Section 8, when payment of the
principal of such Bond, plus interest thereon to the due date
(whether such due date be by reason of maturity or otherwise)
either (i) shall have been made or caused to be made in accordance
with the terms thereof, or (ii) shall have been provided for on or
before such due date by irrevocably depositing with or making
available to the Paying Agent/Registrar for such payment (1) lawful
money of the United States of America sufficient to make such
payment or (2) Government Obligations which mature as to principal
and interest in such amounts and at such times as will insure the
availability, without reinvestment, or sufficient money to provide
for such payment, and when proper arrangements have been made by
the City with the Paying Agent/Registrar for the payment of its
services until all Defeased Bonds shall have become due and
payable. At such time as a Bond shall be deemed to be a Defeased
Bond hereunder, as aforesaid, such Bond and the interest thereon
shall no longer be secured by, payable from, or entitled to the
benefits of, the ad valorem taxes herein levied and the Pledged
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Revenues herein pledged as provided in this Ordinance, and such
principal and interest shall be payable solely from such money or
Government Obligations.
(b) Any moneys so deposited with the Paying Agent/Registrar
may at the written direction of the City also be invested in
Government Obligations, maturing in the amounts and times as
hereinbefore set forth, and all income from such Government
Obligations received by the Paying Agent/Registrar which is not
required for the payment of the Bonds and interest thereon, with
respect to which such money has been so deposited, shall be turned
over to the City, or deposited as directed in writing by the City.
(c) The term "Government Obligations" as used in this Section
8, shall mean direct obligations of the United States of America,
including obligations the principal of and interest on which are
unconditionally guaranteed by the United States of America, which
may be United States Treasury obligations such as its State and
Local Government Series, which may be in book -entry form.
(d) Until all Defeased Bonds shall have become due and
payable, the Paying Agent/Registrar shall perform the services of
Paying Agent/Registrar for such Defeased Bonds the same as if they
had not been defeased, and the City shall make proper arrangements
to provide and pay for such services as required by this Ordinance.
9. (a) In the event any outstanding Bond is damaged,
mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar
shall cause to be printed, executed, and delivered, a new bond of
the same principal amount, maturity, and interest rate, as the
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damaged, mutilated, lost, stolen, or destroyed Bond, in replacement
for such Bond in the manner hereinafter provided.
(b) Application for replacement of damaged, mutilated, lost,
stolen, or destroyed Bonds shall be made to the Paying
Agent/Registrar. In every case of loss, theft, or destruction of
a Bond, the applicant for a replacement bond shall furnish to the
City and to the Paying Agent/Registrar such security or indemnity
as may be required by them to save each of them harmless from any
loss or damage with respect thereto. Also, in every case of loss,
theft, or destruction of a Bond, the applicant shall furnish to the
City and to the Paying Agent/Registrar evidence to their
satisfaction of the loss, theft, or destruction of such Bond, as
the case may be. In every case of damage or mutilation of a Bond,
the applicant shall surrender to the Paying Agent/Registrar for
cancellation the Bond so damaged or mutilated.
(c) Notwithstanding the foregoing provisions of this Section,
in the event any such Bond shall have matured, and no default has
occurred which is then continuing in the payment of the principal
of, redemption premium, if any, or interest on the Bond, the City
may authorize the payment of the same (without surrender thereof
except in the case of a damaged or mutilated Bond) instead of
issuing a replacement Bond, provided security or indemnity is fur-
nished as above provided in this Section.
(d) Prior to the issuance of any replacement bond, the Paying
Agent/Registrar shall charge the owner of such Bond with all legal,
printing, and other expenses in connection therewith. Every
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replacement bond issued pursuant to the provisions of this Section
by virtue of the fact that any Bond is lost, stolen, or destroyed
shall constitute a contractual obligation of the City whether or
not the lost, stolen, or destroyed Bond shall be found at any time,
or be enforceable by anyone, and shall be entitled to all the
benefits of this Ordinance equally and proportionately with any and
all other Bonds duly issued under this Ordinance.
(e) In accordance with Section 6 of Vernon's Ann. Tex. Civ.
St. Art. 717k-6, this Section of this Ordinance shall constitute
authority for the issuance of any such replacement bond without
necessity of further action by the governing body of the City or
any other body or person, and the duty of the replacement of such
bonds is hereby authorized and imposed upon the Paying
Agent/Registrar, subject to the conditions imposed by this Section
9, and the Paying Agent/Registrar shall authenticate and deliver
such bonds in the form and manner and with the effect, as provided
in Section 5(d) of this Ordinance for Bonds issued in exchange for
other Bonds.
10. That the City Manager of the City is hereby authorized to
have control of the Bonds and all necessary records and proceedings
pertaining to the 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 the
Bonds, said Comptroller of Public Accounts (or a deputy designated
in writing to act for said Comptroller) shall manually sign the
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Comptroller's Registration Certificate accompanying the Bonds, and
the seal of said Comptroller shall be impressed, or placed in
facsimile, on each such certificate.
11. (a) That the Bonds shall be sold and delivered to Lehman
Brothers Inc., Texas Commerce Bank National Association, and
Estrada Hinojosa & Company, Inc., the Underwriters shown in the
Purchase Contract, for such purchase price as set forth in, and
pursuant to the terms and provisions of, said Purchase Contract.
(b) That all appropriate officials of the City are authorized
to take such additional and further actions as shall be
contemplated in or required by the Purchase Contract in order to
consummate the issuance and delivery of the Bonds. The Bonds shall
initially be registered in the name set forth in the Purchase
Contract.
(d) That the City Manager is hereby authorized and directed
to execute such documents as are necessary to obtain a Municipal
Bond New Issue Insurance Policy from AMBAC Indemnity Corporation
relating to the Bonds. In connection with obtaining said Policy,
the City hereby approves the printing of a legend, supplied by said
Company, on each of the Bonds, relating to the terms and conditions
of said Policy.
12. That the City Manager of the City is hereby authorized
and directed to execute, the City Secretary is authorized to
attest, and the City Attorney is authorized to approve as to form,
on behalf of the City, the Escrow Agreement covering the use of the
moneys to be deposited with the "Escrow Agent" therein named for
-31-
the benefit of the holders of the Refunded Obligations, the form of
the Escrow Agreement being in substantially the form attached to
this Ordinance.
13. That in connection with the prior redemption of any of
the Refunded Obligations as may be provided for in the Purchase
Contract, the City Manager or the City Secretary is hereby directed
to coordinate with the paying agent for such series of Refunded
Obligations so called for redemption to determine which bonds
within said maturities are to be called for redemption, and to give
notice of such redemption, in substantially the form attached to
this Ordinance, in accordance with the applicable terms of the
ordinance that authorized such Refunded Obligations. In addition,
the City Secretary or the designee thereof is hereby directed to
take such steps as may be necessary to provide registered owners of
the Refunded Obligations notice that the obligations owned thereby
have been escrowed to maturity or prior redemption.
14. That the City Manager shall approve the refunding of the
Refunded Obligations in order to produce a present value savings
and a gross savings. The City Manager shall execute a certificate
which sets forth the present value and gross savings achieved by
the refunding of the Refunded Obligations.
15. The City covenants to take any action to assure, or
refrain from any action which would adversely affect, the treatment
of the Bonds as obligations described in section 103 of the
Internal Revenue Code of 1986, as amended (the "Code"), the
interest on which is not includable in the "gross income" of the
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holder for purposes of federal income taxation. In furtherance
thereof, the City covenants as follows:
(a) to take any action to assure that no more than 10
percent of the proceeds of the Bonds or the projects financed
therewith (less amounts deposited to a reserve fund, if any)
are used for any "private business use," as defined in section
141(b)(6) of the Code or, if more than 10 percent of the
proceeds are so used, that amounts, whether or not received by
the City, with respect to such private business use, do not,
under the terms of this Ordinance or any underlying
arrangement, directly or indirectly, secure or provide for the
payment of more than 10 percent of the debt service on the
Bonds, in contravention of section 141(b)(2) of the Code;
(b) to take any action to assure that in the event that
the "private business use" described in subsection (a) hereof
exceeds 5 percent of the proceeds of the Bonds or the projects
financed therewith (less amounts deposited into a reserve
fund, if any) then the amount in excess of 5 percent is used
for a "private business use" which is "related" and not
"disproportionate," within the meaning of section 141(b)(3) of
the Code, to the governmental use;
(c) to take any action to assure that no amount which is
greater than the lesser of $5,000,000, or 5 percent of the
proceeds of the Bonds (less amounts deposited into a reserve
fund, if any) is directly or indirectly used to finance loans
to persons, other than state or local governmental units, in
contravention of section 141(c) of the Code;
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(d) to refrain from taking any action which would
otherwise result in the Bonds being treated as "private
activity bonds" within the meaning of section 141(b) of the
Code;
(e)
to refrain from taking any action that would result
in the Bonds being "federally guaranteed" within the meaning
of section 149(b) of the Code;
(f) to refrain from using any portion of the proceeds of
the Bonds, directly or indirectly, to acquire or to replace
funds which were used, directly or indirectly, to acquire
investment property (as defined in section 148(b)(2) of the
Code) which produces a materially higher yield over the term
of the Bonds, other than investment property acquired with --
(1) proceeds of the Bonds invested for a reasonable
temporary period of 3 years or less or, in the case of a
refunding bond, for a period of 30 days or less until
such proceeds are needed for the purpose for which the
bonds are issued,
(2) amounts invested in a bona fide debt service
fund, within the meaning of section 1.148-1(b) of the
Treasury Regulations, and
(3) amounts deposited in any reasonably required
reserve or replacement fund to the extent such amounts do
not exceed 10 percent of the proceeds of the Bonds;
(g) to otherwise restrict the use of the proceeds of the
Bonds or amounts treated as proceeds of the Bonds, as may be
-34-
necessary, so that the Bonds do not otherwise contravene the
requirements of section 148 of the Code (relating to
arbitrage) and, to the extent applicable, section 149(d) of
the Code (relating to advance refundings);
(h) to pay to the United States of America at least once
during each five-year period (beginning on the date of
delivery of the Bonds) an amount that is at least equal to 90
percent of the "Excess Earnings," within the meaning of
section 148(f) of the Code and to pay to the United States of
America, not later than 60 days after the Bonds have been paid
in full, 100 percent of the amount then required to be paid as
a result of Excess Earnings under section 148(f) of the Code;
and
(i) to maintain such records as will enable the City to
fulfill its responsibilities under this section and section
148 of the Code and to retain such records for at least six
years following the final payment of principal and interest on
the Bonds.
For purposes of the foregoing, the City understands that in the
case of a refunding bond, the term proceeds includes transferred
proceeds and, for purposes of (a) and (b), proceeds of the refunded
bonds expended prior to the date of issuance of the Bonds. It is
the understanding of the City that the covenants contained herein
are intended to assure compliance with the Code and any regulations
or rulings promulgated by the U.S. Department of the Treasury
pursuant thereto. In the event that regulations or ruling are
-35-
hereafter promulgated which modify or expand provisions of the
Code, as applicable to the Bonds, the City will not be required to
comply with any covenant contained herein to the extent that such
failure to comply, in the opinion of nationally -recognized bond
counsel, will not adversely affect the exemption from federal
income taxation of interest on the Bonds under section 103 of the
Code. In the event that regulations or rulings are hereafter
promulgated which impose additional requirements which are
applicable to the Bonds, the City agrees to comply with the
additional requirements to the extent necessary, in the opinion of
nationally -recognized bond counsel, to preserve the exemption from
federal income taxation of interest on the Bonds under section 103
of the Code. In furtherance of such intention, the City hereby
authorizes and directs the Mayor, the City Manager and the Director
of Finance to execute any documents, certificates or reports
required by the Code, and to make such elections on behalf of the
City which may be permitted by the Code as are consistent with the
purpose for the issuance of the Bonds.
In order to facilitate compliance with the above covenants (h)
and (i), a "Rebate Fund" is hereby established by the City for the
sole benefit of the United States of America, and such Fund shall
not be subject to the claim of any other person, including without
limitation the bondholders. The Rebate Fund is established for the
additional purpose of compliance with section 148 of the Code.
16. That the Bonds initially shall be issued and delivered in
such manner that no physical distribution of the Bonds will be made
-36-
to the public, and The Depository Trust Company ("DTC"), New York,
New York, initially will act as depository for the Bonds. DTC has
represented that it is a limited purpose trust company incorporated
under the laws of the State of New York, a member of the Federal
Reserve System, a "clearing corporation" within the meaning of the
New York Uniform Commercial Code, and a "clearing agency"
registered under Section 17A of the Securities Exchange Act of
1934, as amended, and the City accepts, but in no way verifies,
such representations. It is expected that DTC will hold the Bonds
on behalf of the Underwriters and their participants. So long as
each Bond is registered in the name of CEDE & Co., the Paying
Agent/Registrar shall treat and deal with DTC the same in all
respects as if it were the actual and beneficial owner thereof. It
is expected that DTC will maintain a book -entry system which will
identify ownership of the Bonds in integral amounts of $5,000, with
transfers of ownership being effected on the records of DTC and its
participants pursuant to rules and regulations established by them,
and that the Bonds initially deposited with DTC shall be
immobilized and not be further exchanged for substitute Bonds
except as hereinafter provided. The City is not responsible or
liable for any functions of DTC, will not be responsible for paying
any fees or charges with respect to its services, will not be
responsible or liable for maintaining, supervising, or reviewing
the records of DTC or its participants, or protecting any interests
or rights of the beneficial owners of the Bonds. It shall be the
duty of the DTC Participants, as defined in the Official Statement
-37-
T
herein approved, to make all arrangements with DTC to establish
this book -entry system, the beneficial ownership of the Bonds, and
the method of paying the fees and charges of DTC. The City does
not represent, nor does it in any way covenant that the initial
book -entry system established with DTC will be maintained in the
future. Notwithstanding the initial establishment of the foregoing
book -entry system with DTC, if for any reason any of the originally
delivered Bonds is duly filed with the Paying Agent/Registrar with
proper request for transfer and substitution, as provided for in
this Ordinance, substitute Bonds will be duly delivered as provided
in this Ordinance, and there will be no assurance or representation
that any book -entry system will be maintained for such Bonds. In
connection with the initial establishment of the foregoing book -
entry system with DTC, the Mayor and the City Manager each is
authorized to execute a "Letter of Representations" prepared by DTC
in order to implement the book -entry system described above.
17. The proceeds resulting from the sale of the Bonds shall
be disbursed in accordance with the terms of an instruction letter
to be executed by the Mayor or the City Manager.
18. The findings and preambles set forth in this Ordinance
are hereby incorporated into this Ordinance and made a part hereof
for all purposes.
19. That all ordinances and resolutions or parts thereof in
conflict herewith are hereby repealed.
20. That this Ordinance shall take effect and be in full
force and effect from and after the date of its passage, and it is
so ordained.
-38-
21. It is hereby officially found and determined that the
meeting at which this Ordinance was passed was open to the public,
and public notice of the time, place and purpose of said meeting
was given, all as required by Chapter 551, Texas Government Code,
as amended.
22. That on request of the Mayor to find and declare an
emergency due to the immediate need for the efficient and effective
administration of City affairs by authorizing the City Manager to
effect the sale and issuance of the above-mentioned Bonds, such
finding of an emergency is hereby specifically made and declared,
requiring suspension of the Charter rule as to consideration and
voting upon ordinances or resolutions at two regular meetings so
that this Ordinance be passed and take effect upon first reading.
PASSED AND APPROVED this 1st day of March, 1994.
Mayor, City(b Corpus Christi, Texas
ATTEST:
pu
Ci Secretary, City of oe rs
Christi, Texas
APPROVED AS TO FORM AND LEGALITY:
Cityttorney, Cit of Corpus
Chriii11sti, Texas
-39-
THE STATE OF TEXAS
COUNTY OF NUECES
CITY OF CORPUS CHRISTI
I, the undersigned, City Secretary of the City of
Corpus Christi, Texas, do hereby certify that the above and
foregoing is a true, full and correct copy of an Ordinance
passed by the City Council of the City of Corpus Christi,
Texas (and of the minutes pertaining thereto) on the 1st day
of March, 1994, authorizing the issuance of General
Improvement Refunding Bonds, Series 1994, which ordinance is
duly of record in the minutes of said City Council, and 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 Chapter 551, Texas Government Code.
EXECUTED UNDER MY HAND AND SEAL of said City, this the
1st day of March, 1994.
(SEAL)
City Secretary, City of Cbfpus
Christi, Texas
021881
Corpus Christi, Texas
day of 4046/
, 19 9 -/
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing
ordinance an emergency exists requiring suspension of the Charter
rule as to consideration and voting upon ordinances at two regular
meetings: I/we, therefore, request that you suspend said Charter
rule and pass this ordinance finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
MAYOR
THE CI OF CORPUS CHRISTI
The above ordinance was passed by the following vote:
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
Edward A. Martin
Dr. David McNichols
David Noyola
Clif Moss
\forms\045
LAH81