Loading...
ORD 1994-21CERTIFICATE FOR ORDINANCE No. 94-21 THE STATE OF TEXAS § COUNTY OF DENTON § TOWN OF TROPHY CLUB § We, the undersigned officers of said Town, hereby certify as follows: 1. The Town Council of said Town convened in REGULAR MEETING ON THE 1ST DAY OF NOVEMBER, 1994, at the Town Hall, and the roll was called of the duly constituted officers and members of said Town Council, to -wit: Jim Carter, Mayor Gene Hill, Mayor Pro Tem Marshall Engelbeck Edwin Moore Pat Stoltz Doug Glaspell Karen Sadri, Town Secretary and all of said persons were present, except the following absentees: FdHi „ M.... thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written ORDINANCE AMENDING ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF TOWN OF TROPHY CLUB, TEXAS GENERAL OBLIGATION BONDS, SERIES 1994 was duly introduced for the consideration of said Town Council and read in full. It was then duly moved and seconded that said Ordinance be passed; and, after due discussion, said motion carrying with it the passage of said Ordinance, prevailed and carried by the following vote: AYES: All members of said Town Council shown present above voted "Aye". NOES: None. ORDINANCE N o , 94-21 AMENDING ORDINANCE AUTHORIZE THE ISSUANCE, SALE AND DELIVERY OF TOWN OF TROPHY CLUB, TEXAS GENERAL OBLIGATION BONDS, SERIES 1994 THE STATE OF TEXAS § COUNTY OF DENTON § TOWN OF TROPHY CLUB § WHEREAS, the City Council at a regular meeting on September 20, 1994, did adopt an Ordinance ("the Ordinance") authorizing the issuance, sale and delivery of the Town of Trophy Club, Texas General Obligation Bonds, Series 1994, in the principal amount of $2,200,000 (the "Bonds"); and WHEREAS, it is deemed advisable to amend the Ordinance to change maturities and to levy the taxes; and WHEREAS, it is hereby officially found and determined that public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB: Section 1. That Section 5, FORM OF INITIAL BOND of the Ordinance, in reference to the maturity schedule as stated on page 3 thereof, is hereby amended to read as follows: "Section 5. FORM OF INITIAL BOND. The form of the Initial Bond, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be endorsed on the Initial Bond, shall be substantially as follows: FORM_OF INITIAL BOND NO. R-1 $2,200,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON TOWN OF TROPHY CLUB, TEXAS GENERAL OBLIGATION BOND SERIES 1994 TOWN OF TROPHY CLUB (the "Issuer"), in Denton County, being a political subdivision of the State of Texas, hereby promises to pay to 2. That a true, full and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Ordinance has been duly recorded in said Town Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said Town Council's minutes of said Meeting pertaining to the passage of said Ordinance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said Town Council as indicated therein; that each of the officers and members of said Town Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to 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. 3. That the Mayor of said Town has approved and hereby approves the aforesaid Ordinance; that the Mayor and the Town Secretary of said Town have duly signed said Ordinance; and that the Mayor and the Town Secretary of said Town hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordinance for all purposes. SIGNED AND SEALED the 1st day of November, 1994. Town Secretary Mayor SEAL Smith Barney Inc. or to the registered assignee or assignees of this Bond or any portion or portions hereof (in each case, the "registered owner") the aggregate principal amount of TWO MILLION TWO HUNDRED THOUSAND DOLLARS in annual installments of principal due and payable on September 1 in each of the years, and in the respective principal amounts, as set forth in the following schedule: YEAR AMOJ NT YEAR AMOUNT 1996 $ 60,000 2006 $105,000 1997 60,000 2007 115,000 1998 65,000 2008 120,000 1999 70,000 2009 125,000 2000 75,000 2010 135,000 2001 80,000 2011 145,000 2002 85,000 2012 155,000 2003 90,000 2013 160,000 2004 95,000 2014 360,000 2005 100,000 and to pay interest, from the date of this Initial Bond, on the balance of each such install- ment of principal, respectively, from time to time remaining unpaid, at the rates as follows: " Section 2. That Section 8, TAX LEVY is hereby amended to read as follows: "Section 8. TAX LEVY. A special Interest and Sinking Fund (the "Interest and Sinking Fund") is hereby created solely for the benefit of the Bonds, and the Interest and Sinking Fund shall be established and maintained by the Issuer at an official depository bank of the Issuer. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the Issuer, and shall be used only for paying the interest on and principal of the Bonds. All ad valorem taxes levied and collected for and on account of the Bonds shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of the Bonds or interest thereon are out- standing and unpaid, the governing body of the Issuer shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Bonds as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of its Bonds as such principal matures, including an amount each year hereafter of $9,250 to be deposited into a special 2 account in the Interest and Sinking Fund for the payment at maturity of $185,000 in principal amount of the Bonds maturing in the year 2014, (but never less than 2% of the original principal amount of the Bonds as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of the Issuer, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the Issuer for each year while any of the Bonds or interest thereon are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Bonds, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. Section 3. That the Ordinance shall be read in its entirety with the amended Sections and the Ordinance, as amended, are hereby re -adopted, reaffirmed and ratified in all aspects and shall include all provisions as amended herein. 3