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HomeMy WebLinkAbout022247 ORD - 06/08/1995ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE ISSUANCE OF ITS GENERAL IMPROVEMENT REFUNDING BONDS, SERIES 1995-A, 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 Schedule I attached hereto (the "Refunded Obligations"); and WHEREAS, the refunding bonds hereinafter authorized are to be issued and delivered pursuant to Articles 717k, 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 2 2247 6 T T MICRQEIL.MEa 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 1992 Certificates of Obligation; 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 1995-A" (the "Bonds"), are hereby authorized to be issued in an aggregate principal amount of $905,000, and shall be issued 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- 2. (a) That the Bonds shall be dated June 1, 1995, shall be in the denomination of $5,000 each, or any integral multiple thereof, shall be numbered consecutively from R-1 upward, and shall mature on the maturity date, in each of the years, and in the amounts, respectively, as set forth in the following schedule: MATURITY DATE: MARCH 1 YEAR% AMOUNTS ($) YEAR AMOUNTS (S) 1996 20,000 2005 90,000 1998 10,000 2007 10,000 2000 10,000 2008 105,000 2001 10,000 2009 115,000 2002 10,000 2010 115,000 2003 85,000 2011 125,000 2004 80,000 2012 120,000 (b) The Bonds scheduled to mature during the years, respectively, set forth below shall bear interest at the following rates per annum: Bonds maturing in the year 1996, 3.80% Bonds maturing in the year 1998, 4.20% Bonds maturing in the year 2000, 4.40% Bonds maturing in the year 2001, 4.40% Bonds maturing in the year 2002, 4.60% Bonds maturing in the year 2003, 4.70% Bonds maturing in the year 2004, 4.80% Bonds maturing in the year 2005, 4.90% Bonds maturing in the year 2007, 5.10% Bonds maturing in the year 2008, 5.20% Bonds maturing in the year 2009, 5.30% Bonds maturing in the year 2010, 5.40% Bonds maturing in the year 2011, 5.40% Bonds maturing in the year 2012, 5.50% Said interest shall be payable to the registered owner of any such Bond in the manner provided and on the dates stated in the FORM of BOND set forth in this Ordinance. -3- 3. That the Bonds shall be issued as fully registered bonds, without coupons. 4. That the City reserves the right to redeem the Bonds maturing on or after March 1, 2006, in whole or in part, on March 1, 2005, or on any interest payment date thereafter, for the principal amount thereof plus accrued interest thereon to the date fixed for redemption. The years of maturity of the Bonds called for redemption at the option of the City prior to stated maturity shall be selected by the City. The Bonds or portions thereof redeemed within a maturity shall be selected by lot or other method by the Paying Agent/Registrar (hereinafter defined). 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 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 -4- T T 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 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. Each redemption notice, whether required in the FORM OF BOND or otherwise by this Ordinance, shall contain a description of the -5- Bonds to be redeemed including the complete name of the Bonds, the Series, the date of issue, the interest rate, the maturity date, the CUSIP number, if any, the Bond numbers, the amounts called of each Bond, the publication and mailing date for the notice, the date of redemption, the redemption price, the name of the Paying Agent/Registrar and the address at which the Bond may be redeemed including a contact person and telephone number. All redemption payments made by the Paying Agent/Registrar to the registered owners of the Bonds shall include a CUSIP number relating to each amount paid to such registered owner. 5. (a) The City shall keep or cause to be kept at the designated corporate trust office in Houston, Texas (the "Designated Trust Office") of The Bank of New York (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 -6- 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 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 issued in exchange therefor in the manner herein provided. (b) The entity in whose name 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 -7- 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. (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 registered owner or the assignee or assignees thereof, or its or 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 -8- 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 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 -9- 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 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, -10- T 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 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 Bond 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, (v) shall have the characteristics, (vi) shall be signed and 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 -11- 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 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 -12- 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 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. -13- FORM OF BOND UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT REFUNDING BOND SERIES 1995-A NO. R- $ MATURITY DAM., INTEREST RATE ORIGINAL ISSUE DATE CUSIP June 1, 1995 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 March 1, 1996, and semiannually on each September 1 and March 1 thereafter, except that if the Paying Agent/Registrar's Authentication Certificate appearing on the face of this Bond is dated later than March 1, 1996, such interest is payable semi- annually on each September 1 and March 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 -14- Bond at maturity or upon the date fixed for its redemption prior to maturity, at the designated corporate trust office in Houston, Texas (the "Designated Trust Office") of The Bank of New York (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/Reg- istrar 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. -15- 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 $905,000, 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, 2005, or on any interest payment date thereafter, the Bonds of this Series maturing on and after March 1, 2006 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 -16- 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; provided, that during any period in which ownership of the Bonds is determined only by a book entry at a securities depository for the Bonds, if fewer than all of the Bonds of the same maturity and bearing the same interest rate are to be redeemed, the particular Bonds of such maturity and bearing such interest rat e shall be selected in accordance with the arrangements between the City and the securities depository. *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, -17- 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 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. -18- *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 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 -19- 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 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 -20- 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 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; and this series of bonds, and this bond, is additionally secured by certain revenues received by the City from -21- the Lady Lex Association for use of certain facilities financed with the proceeds of the Refunded Obligations. 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) FORM OF PAYING AGENT/REGSSTRAR'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 -22- * FORM OF ASSIGNMENT: ASSIGNMENT FOR VALUE RECEIVED, transfers unto the undersigned hereby sells, assigns and 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. -23- 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: *¶s to be on reverse side of bond **¶ 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 -24- T 7 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) The Bonds are additionally secured by and shall be payable from and secured by the revenues received by the City from the Lady Lex Museum on the Bay Association, a non-profit corporation, for use of certain facilities originally financed with the proceeds of the Refunded Obligations, herein defined as "Reve- -25- nues". The Revenues are pledged by the City pursuant to authority of Articles 717k and 1269j-4.1, Texas Revised Civil Statutes, as amended. The Issuer shall deposit such Revenues to the credit of the Interest and Sinking Fund to the extent necessary to pay the principal and interest on the Bonds. Notwithstanding the require- ments of subsection (a) above, if Revenues are actually on deposit or budgeted for deposit in the Interest and Sinking Fund in advance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxes which otherwise would have been required to be levied pursuant to subsection (a) above may be reduced to the extent and by the amount of the Revenues then on de- posit in the Interest and Sinking Fund or budgeted for deposit herein. 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 -26- 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 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. -27- T (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 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 -28- 7 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 printing, and other expenses replacement bond issued pursuant by virtue of the fact that any owner of such Bond with all legal, in connection therewith. Every to the provisions of this Section 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 (e) In accordance with Section 6 St. Art. 717k-6, this Section of this Ordinance. of Vernon's Ann. Tex. Civ. Ordinance shall constitute authority for the issuance of any such replacement bond necessity of further action by the governing body of the any other body or person, and the duty of the replacement bonds is hereby authorized and imposed upon the Agent/Registrar, subject to the conditions imposed by this 9, and the Paying Agent/Registrar shall authenticate and without City or of such Paying Section deliver such bonds in the form and manner and with the effect, as provided -29- 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 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 Texas Commerce Bank National Association, Lehman Brothers, 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. (c) That the offering documents prepared in connection with the sale of the Bonds, in substantially the form attached to this -30- Ordinance, are hereby accepted, approved and authorized to be delivered in executed form to the Underwriters. The use of the "Preliminary Official Statement" prepared in connection with the sale of the Bonds is hereby ratified. (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 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 -31- 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 refunding of the Refunded Obligations will result in a present value savings of $19,173 and an absolute savings of $24,088. 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 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 -32- 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; (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 -33- 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 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); and (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 -34- 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. For purposes of the foregoing clauses (a) and (b), the City understands that the term "proceeds" includes "disposition proceeds" as defined in the regulations promulgated by the U.S. Department of the Treasury and, in the case of a refunding bond, the term proceeds includes transferred proceeds (if any) and 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 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 -35- 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 clause (h) above, 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 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 -36- 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 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. -37- T 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. 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. -38- T PASSED AND APPROVED this 8th day of June, 1995. Mayor, 'tYMTCorpus Christi, Texas ATTEST: s k � City S cretary, City of Corpus Christi, Texas APPROVED AS TO FORM AND LEGALITY: -39- SCHEDULE "I" REFUNDED OBLTGATTONS $800,000 principal amount of CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND MUNICIPAL HOTEL OCCUPANCY TAX REVENUE CERTIFICATES OF OBLIGATION, SERIES 1992: Due March 1 2003 2004 2005 2012 Principal Amount CUSIP $ 75,000 75,000 85,000 565,000 REDEMPTION DATE: MARCH 1, 2002 220112 FA9 220112 FC5 220112 FE1 220112 FY7 ADVANCE NOTICE OF REDEMPTION CITY OF CORPUS CHRISTI, TEXAS NOTICE is hereby given that the following obligations of the City of Corpus Christi, Texas are called for redemption prior to their scheduled maturities, at a price of par and accrued interest to the date of redemption, without premium, to -wit: $8,425,000 principal amount of CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BONDS, SERIES 1990-A: Due March 1 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 principal Amount CUSIP $ 600,000 625,000 675,000 725,000 800,000 850,000 925,000 1,000,000 1,075,000 1,150,000 REDEMPTION DATE: MARCH 1, 2001 220112 DH6 220112 DK9 220112 DM5 220112 DP8 220112 DR4 220112 DTO 220112 DV5 220112 DX1 220112 DZ6 220112 EB8 $2,450,000 principal amount of CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 1990-A: Due March 1 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 Principal Amount CUSIP $ 175,000 175,000 200,000 225,000 225,000 250,000 275,000 300,000 300,000 325,000 REDEMPTION DATE: MARCH 1, 2001 T 220112 DG8 220112 DJ2 220112 DL7 220112 DN3 220112 DQ6 220112 DS2 220112 DU7 220112 DW3 220112 D49 220112 FAO $13,745,000 principal amount of CITY OF CORPUS CHRISTI, GENERAL IMPROVEMENT AND REFUNDING BONDS, SERIES 1992: Due March 1 Principal Amount 2006 2007 2008 $4,060,000 5,685,000 4,000,000 REDEMPTION DATE: MARCH 1, 2002 CUSIP TEXAS 220112 FK7 220112 FN1 220112 FR2 $800,000 principal amount of CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND MUNICIPAL HOTEL OCCUPANCY TAX REVENUE CERTIFICATES OF OBLIGATION, SERIES 1992: Due March 1 principal Amount 2003 2004 2005 2012 $ 75,000 75,000 85,000 565,000 REDEMPTION DATE: MARCH 1, 2002 5 $336,000 principal amount of CITY OF CORPUS COMBINATION TAX AND MARINA REVENUE CERTIFICATES SERIES 1992-A: Due March 1 Principal Amount 2003 2004 2005 2006 2007 2012 $ 25,000 25,000 30,000 30,000 30,000 195,000 REDEMPTION DATE: MARCH 1, 2002 Due provision for the payment of the obligations has been made with TEXAS COMMERCE ASSOCIATION, the paying agent for said obligat obligations shall be presented for payment either mail, at the following addresses: MATT, : -2- STTS I P 220112 FA9 220112 FC5 220112 FE1 220112 FY7 CHRISTI, TEXAS OF OBLIGATION, CUSIP 220112 FB7 220112 FD3 220112 FF8 220112 FJO 220112 FM3 220112 FZ4 above-described BANK NATIONAL ions, and said in person or by PERSONAL DELIVERY - Interest on the redeemed obligations shall cease to accrue thereon after their respective redemption dates. THE REDEEMED OBLIGATIONS ARE NOT TO BE PRESENTED TO THE PAYING AGENT AT THIS TIME. The Paying Agent has been instructed to mail a follow-up notice of redemption to the then holders of record at least 30 days prior to the respective redemption dates of the above described obligations so called for redemption. CUSIP numbers have been assigned to this issue by Standard & Poor's Corporation and are included solely for the convenience of the Bondholder. The City nor the Paying Agent shall be responsible for the selection or correctness of the CUSIP numbers on the obligations or as indicated in any redemption notice. THIS NOTICE is given under authority of a bond ordinance adopted by the City Council of the City of Corpus Christi, Texas on June 8, 1995. -3- 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 8th day of June, 1995, authorizing the issuance of General Improvement Refunding Bonds, Series 1995-A, 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 8th day of June, 1995. @I City Secretary, City of Co us Christi, Texas (SEAL) CERTIFICATE FOR ORDINANCE THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI On this the 8th day of June, 1995, the City Council of the City of Corpus Christi, Texas convened in Special Meeting, with the following members of said Council present, to -wit: Mary Rhodes Betty Jean Longoria, John Longoria, Dr. Jack Best, Dr. David McNichols, Melody Cooper, Edward A. Martin, Betty Black, Tony Heldenfels, Juan Garza, James Bray, Rosie G. Vela, Armando Chapa, with the following absent: Mayor Councilmembers, City Manager, City Attorney, Director of Finance, City Secretary hkAJ LO. ITCG ua-rcS 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 NAYS: The Mayor announced that the ordinance had been passed. The ordinance is as follows: Corpus Christi, Texas 11 day of U , 19 6(5 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 CITY OF CORPUS CHRISTI cSL- The above ordinance was passed by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols \forme\045 022247