HomeMy WebLinkAbout463 01-08-1974ORDINANCE NO. 463
ORDINANCE AUTHORIZING ISSUANCE OF $1,300,000
"CITY OF EULESS, TEXAS, GENERAL OBLIGATION
BONDS, SERIES 1973', DATED DECEMBER 1, 1973.
THE STATE OF TEXAS §
COUNTY OF TARRANT §
§
CITY OF EULESS §
ON THIS, the 8th day of January, 1974, the City Council
of the City of Euless, Texas, convened in regular session at
the regular meeting place thereof in the City Hall, the meeting;
being open to the public and notice of said meeting, giving the
date, place and subject thereof, having been posted as prescribed
by Article 6252 -17, Section 3A, V.A.T.C.S., there being present and
in attendance the following members, to wit:
ALBERT C. KRAUSE (A.C.)
HAROLD L. GOPHER )
M . B. DUNN )
MRS. WILLIE MAE McCOR1AICK )
HAROLD D. SAMUELS )
and
C. J.. GRIGGS
VADA FERRIS
MAYOR
COUNCILMEN
CITY MANAGER, and
CITY SECRETARY- TREASURER
also being present, and with the following absent: a g�N.s u jV ,
constitutinb a quorum; and among other proceedings had were the
following:
The Mayor introduced a proposed ordinance. The ordinance
was read in full,
Councilman S A Al ucj-,5_ made a motion that the Charter
provision requiring ordinances to be read at two regular Council
meetings be suspended. The motion was seconded by Councilman
C- o ptf . r-p, and carried by the following vote:
AYES: Councilmen Copher, �� Dunn -and Samuels and
Councilwoman McCormick.
1v0E S : None
Councilman 5 A m J L Ls made a motion that the ordinance
be passei, finally as an emergency measure. The motion was seconded
by Councilman c gp & z; >> and carried by the following vote:
passed.
AYES: Councilmen Copher, 9- n; Dunn and Samuels and
Councilwoman. McCormick.
NOES: None,
The Mayor announced that the ordinance had been finally
The ORDINANCE is as follows:
/''0' #63
AN ORDINANCE by the City Council of the City
of Euless, Te.tas, authorizing the issuance
of $1,300,000 "CITY OF EULESS, TEXAS, GENERAL
OBLIGATION BONDS, SERIES 1973," dated
December 1, 1973, for the purpose of providing
funds for permanent public improvements, to wit:
$1,000,000 for constructing street improvements
in and for said City, and drainage incidental
thereto; and $300,000 for purchasing and /or im-
proving lands for public parks in and for said
City; prescribing the form of the bonds and the
form of the interest coupons; levying a con-
tinuing direct annual ad valorem tax on all
taxable property within the limits of said City
to pay the interest on said bonds and to create
a sinking fund for the redemption thereof and
providing for the assessment and collection of
such taxes; enacting provisions incident and
relating to the purpose and subject of this
ordinance; and declaring an emergency.
WHEREAS, pursuant to a special election held in the
City of Euless, Texas, on the 11th day of July, 1964, this City
Council became authorized and empowered to issue general obliga-
tion bonds of the City to mature serially over a period of years
not to exceed forty (40) years from their date, for the purpose of
providing funds for various permanent public improvements totaling
$2,500,000; and
WHEREAS, all of such bonds have been duly issued and sold
except for $520,000 authorized for constructing street improvements
in and for said City, and drainage incidental thereto, and it is
now the judgment of this City Council that said bonds should now
be issued for such purpose as authorized under the provisions of
Article 717k -2, V.A.T.C.S.; and
WHEREAS, pursuant to a special election held in the
City of Euless, Texas, on the 2nd day of December, 1972, this City
Council became authorized and empowered to issue general obliga-
tion. bonds of the City to mature serially over a period of years
not to exceed forty (40) years from their date, for the purpose of
providing funds for various permanent public improvements totaling
$6,125,000, as follows:
$2,3953000 for constructing street improvements
in and for said City, and drainage
incidental thereto;
$3,030,000 for purchasing and /or improving lands
for public parks in and for said City;
$ 550,000 for providing a public safety building
as part of the existing government center;
and
$ 1502000 for constructing and equipping a fire
station building in and for said City
and the acquisition of a site therefor;
AND WHEREAS, none of the bonds voted at the election held.
on December 2, 1972, have been issued and it is now the judgment
of this City Council t'_zat $480,000 of the bonds authorized for
constructing street improvements and drainage incidental thereto
and $300,000 of the bonds authorized for purchasing and /or im-
proving lands for public parks should be be issued for such pur-
poses as authorized under the provisions of Article 717k -2,
V.A.T.C.S., it being understood that the City Council reserves the
right and authority to issue the remaining amount of bonds au-
thorized in one or more series at a future date or dates when, in
the judgment of the City Council, such amounts are needed for
their authorized purposes.
AND WHEREAS, the City Council deems it advisable and to
the City's best interest to issue as a single combined series all
of the bonds herein provided to be issued, said City Council,
acting for and on behalf of the City of Euless, Texas, having
lawful authority to enact this ordinance and to issue the bonds
in the manner and for the purposes stated under the Charter of
the City and the Constitution and laws of the State of Texas;
now, therefore:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS,
TEXAS:
SECTION 1: That the bonds of said City, to be known as
"CITY OF EULESS, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1973,"
be and the same are hereby order to be issued in the principal
sum of ONE MILLION THREE HUNDRED THOUSAND DOLLARS ($1,300,000)
for the purpose of providing funds for permanent public improve-
ments, to wit: $11000,000 for constructing street improvements in
and for said City, and drainage incidental thereto; and $300,000
for purchasing and /or improving lands for public parks in and for
said City, under and by virtue of the Constitution and laws of the
State of Texas and pursuant to the Charter of said City.
SECTION 2: That said bonds shall be numbered consecutively
from One (1) through Two Hundred Sixty (250); shall each be in de-
nomination of Five Thousand Dollars ($5,000); aggregating the sum
of ONE MILLION THREE HUNDRED THOUSAND DOLLARS ($1,300,000); shall
be dated December 1, 1973, and shall become due and payable serially,
on March 1 in each of the years in accordance with the following
schedule:
BOND NUMBERS
(All Inclusive)
MATURITY
AMOUNT
1 to 20
1974
$ 1003000
21 and 22
1975
101000
23 and 24
1976
10,000
25 and 26
1977
10,000
27 and 28
1978
10,000
29 and 30
1979
10,000
31 and 32
1980
10,000
33 and 34
1981
105000
35 and 36
1982
10,000
37 to 40
1983
20,000
41 to 44
1984
202000
45 to 48
1985
20,000
49 to 52
1986
201000
53 to 56
1987
20,000
57 to 60
1988
20,000
61 to 70
1989
503000
71 to 80
1990
50,000
81 to 92
1991
60,000
93 to 104
1992
6 0,000
105 to 120
1993
805,000
121 to 140
1994
100,000
141 to 160
1995
100,000
161 to 180
1996
1001000
181 to 200
1997
100,000
201 to 220
1998
100,000
221 to 240
1999
1002000
241 to 260
2000
100,000
PROVIDED, HOWEVER, the City reserves the right to redeem bonds
maturing in each of the years 1995 through 2000 of said series,
in whole or in part, but in inverse numerical order if less than
all, on March 1, 1994, or on any interest payment date thereafter,
at the price of par and accrued interest to the date fixed for
redemption; PROVIDED, FURTHER, that at least thirty (30) days
prior to any interest payment date upon which any of said bonds
are to be redeemed, notice of redemption signed by the City Secre-
tary (specifying the serial numbers and amount of bonds to be
redeemed) shall have been filed with
Pj !VAT- f,,VAL B', JV, AT DAL1_4S
(the paying agent named in each of said bonds); and should any
bond or bonds not be presented for redemption pursuant to such
notice, the same shall cease to bear interest from and after the
date se fixed for redemption.
SECTION 3: That said bands shall bear interest frog.
date to maturity at the following rates per annum:
(a) Bonds maturing in each of the years 1974 through
19_Ly at 6, ,o`0 %;
(b) Bonds maturing in each of the years 19jf_5�� through
19 i_3 at %;
(c) Bonds maturing in each of the years 19 714 through
19j' at - n' %;
(d)
Bonds
maturing in
each of
the years
1974 &ELY
1-9-°
at . j',- -; g %;
(e)
Bonds
maturing in
each of
the years
19 t
1� ---- -s
s . */o
a t .� , ,
(f)
Bonds
maturing in
each of
the years
1917f through
•1-9 yaroa t ` rG % ;
and
(g)
Bonds
maturing in
each of
the years
19 — through
19 —°
at %;
such interest to be evidenced by proper coupons attached to each
of said bonds, and said interest shall be payable on March 1, 1974,
and semiannually thereafter on September I and March 1 in each ;year.
SECTION 4: That both principal of and interest on said
bonds shall be payable in lawful money of the United States of
America, without exchange or collection charges to the owner or
holder, at
v T h. A IALLA ALJ-A
upon presentation and surrender of bonds or proper coupo s.
SECTION 5: That the seal of said City may be impressed
on each of said bonds or, in the alternative, a facsimile of such
seal may be imprinted on the said bonds. The bonds and interest
coupons appurtenant thereto may be executed by the imprinted fac-
simile signatures of the Mayor and City Secretary of the City, and
execution in such manner shall have the same effect as if such
bonds and coupons had been signed by the Mayor and City Secretary
in person by their manual signatures. Inasmuch as such bonds are
required to be registered by the Comptroller of Public Accounts
for the State of Texas, only his signature (or that of a deputy
designated in writing to act for the Comptroller) shall be re-
quired to be manually subscribed to such bonds in connection with
his registration certificate to appear thereon, as hereinafter
provided; all in accordance with the provisions of Article 717j -1,
V.A.T.C.S.
SECTION 5: That the form of said bonds shall be sub-
stantially as follows:
NO. UNITED STATES OF AMERICA $531000
STATE OF TEXAS
COUNTY OF TARRANT
CI i r OF EUL,ESS , TEXAS, GENERAL OBLIGATION,
BOND, SERIES 1973
The CITY OF EULESS, a municipal corporation of the State
of Texas, acknowledges itself indebted to and FOR VALUE RECEIVED
hereby promises to pay to bearer, the sum of
FIVE THOUSAND DOLLARS
($51000), in lawful money of the United States of America, on the
FIRST DAY OF MARCH, 19 , with interest thereon from the date
hereof to maturity at the rate of PER CENTUM
( %) per annum, payable on March 1, 1974, and semiannually
thereafter on September 1 and March 1 in each year; and interest
falling due on or prior to maturity hereof is payable only upon
presentation and surrender of the interest coupons hereto attached
as they severally become due.
BOTH PRINCIPAL OF AND INTEREST ON this bond are hereby
made payable at
without exchange or collection charges to the owner or holder, and
for the prompt payment of this bond and the interest thereon at
maturity the full faith, credit and resources of the City of Euless,
Texas, are hereby irrevocably pledged,
THIS BOND is one of a series of Two Hundred Sixty (200)
serial bonds, numbered consecutively from One (1) through T-wo Hun-
dred Sixty (260), each in denomination of Five Thousand Dollars
($52000), aggregating ONE MILLION THREE HUNDRED THOUSA14D DOLLARS
($1,300,000), issued for the purpose of providing funds for per-
manent public improvements, to wit: $1,000,000 for constructing
street improvements in and for said City, and drainage inciden al
thereto; and $300,000 for purchasing and /or improving lands for
public parks in and for said City, under authority of the Consti-
tution and laws of the State of Texas, and pursuant to the Charter
of said City of Euless and an ordinance duly adopted by the City
Council of the City of Euless, Texas, and duly recorded in the
Minutes of said City Council.
AS SPECIFIED in the ordinance hereinabove mentioned, the
City reserves the right to redeem bonds maturing in each of the
years 1995 through 2000 of said bonds, in whole or in part, but
in inverse numerical order if less than all, on March 1, 1994, or
on any interest payment date thereafter, at the price of par and
accrued interest to the date fixed for redemption; PROVIDED, FURTHER,
that at least thirty (30) days prior to any interest payment date
upon which any of said.bonds are to be redeemed, notice of redemp-
tion signed by the City Secretary (specifying the serial numbers
and amount of bonds to be redeemed) shall have been filed with
and should any bond or bonds not be presented for-redemption pur-
suant to such notice, the same shall cease to bear interest from
and after the date so fixed for redemption.
IT IS HEREBY CERTIFIED, RECITED AND REPRESENTED that the
issuance of this bond and the series of which it is a part is duly
authorized by law and by an election held for that purpose within
said City; 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; that
sufficient and proper provision for the levy and collection of taxes
has been made which, when collected, shall be appropriated ex-
clusively to the payment of this bond and the series of which it is
a part, and to the payment of the interest coupons thereto annexed,
as the same shall become due, and that the total indebtedness of
the City of Euless, Texas, including the entire series of bonds
of which this is one, does not exceed any Constitutional or
statutory limitation.
IN TESTI.,1OI4Y WHEREOF, the City Council of the City of
Euless, Texas, has caused the seal of said City to be impressed
or a facsimile thereof to be printed hereon, and this bond and
its appurtenant coupons to be executed with the imprinted facsimile
signatures of the Mayor and City Secretary of said City, in accor-
dance with the provisions of Article 717j -1, V.A.T.C.S.; the date
of this bond, in conformity with the ordinance above referred try,
being the FIRST DAY OF DECEMBER, 1973.
Mayor, City of Euless, Texas
COUNTERSIGNED:
City Secretary,
City of Euless, Texas
SECTION 7: That the form of interest coupon attached to
each of said bonds shall be substantially as follows:
NO. ON THE FIRST DAY OF' ,
19 ,
$
-'(unless the bond to which this coupon pertains has been properly
called for redemption in accordance with its terms) the City of
Euless, a municipal corporation of the State of Texas, hereby
promises to pay to bearer, at
without exchange or collection charges to the owner or holder, the
sum of
DOLLARS
($ ), in lawful money of the United States of America, said
sum being months' interest due that day on "CITY OF EULESS,
TEXAS, GENERAL OBLIGATION B01ND, SERIES 1973," dated December 1, 1973
Bond No.
City Secretary Mayor
-NOTE TO PRINTER: The expression in parentheses to be included
only in coupons maturing September 1,1994 and subsequent pertaining
to optional bonds maturing in the years 1995 through 2000.
SECTION 8: That the follo:aing certificate shall be
printed on the back of each bond:
OFFICE OF COMPTROLLER §
STATE OF TEXAS § REGISTER NO.
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 upon said City of
Euless, Texas, and said bond has this day been registered by me,
WITNESS MY HAND AND SEAL OF OFFICE at Austin, Texas,
Comptroller of Public Accounts
of the State of Texas
SECTION 9: That a special fund to be designated "SPECIAL
GENERAL OBLIGATION BOND FUND, SERIES 1973" is hereby created and
the proceeds of all taxes collected for or on account of this
series of bonds shall be credited to said fund for the purpose of
paying the interest on and to provide a sinking fund for the redemp-
tion of said bonds at maturity; and said fund shall be used for no
other purpose; that, while said bonds or any of them are outstand-
ing and unpaid, there shall be annually levied, assessed and col-
lected in due time, form and manner, a tax upon all of the taxable
property in said City sufficient to pay the current interest
thereon and create a sinking fund sufficient to pay each install-
ment of principal as the same becomes due, or a sinking fund of 2 %,
whichever is greater; and to pay the interest on said bonds for the
first year, and to create a sinking fund with which to pay the
principal as the same becomes due, or a sinking fund of 2 %, which-
ever is greater, there is hereby levied a sufficient tax on each
one hundred dollars' valuation of taxable property in said City for
the current year and the same shall be assessed and collected and
applied to the purpose named; and while said bonds or any of them
are outstanding and unpaid, a tax each year at a rate from year to
year as will be ample and sufficient to provide funds to pay the
then current interest on said bonds and to provide the necessary
sinkin` fund, full allowance being made for delinquencies and costs
of collection, shall be and is hereby levied for each year, respec-
tively, and said tax shall each year be assessed and collected aild
applied to the payment of the principal of and interest on said
bonds, The City Council hereby declares its purpose and irate -t zo
provide and levy a tax legally and fully sufficient for such bonds,
it having been determined that the existing and available taxing
authority of the City for such purpose is adequate to permit a
legally sufficient tax in consideration of all other outstanding
obligations.
It is expressly provided, however, that all taxes hereto
levied and collected or to be collected which were levied for the
purpose of paying the principal of and interest on the bonds
(such tax levy and budget provision having been made in anti-
cipation of the issuance and delivery of the bonds herein
authorized) shall be and are ordered set aside in the Interest
and Sinking Fund herein established for the benefit and security
of the `ponds. It is hereby found and determined that from such
taxes heretofore levied in anticipation of the issuance of these
bonds, the sum of $ 149,737.50 has been or will be set aside out
of (i) accrued interest to be received upon the delivery of the
bonds and (ii) the annual tax levy made in 1973 for the purpose
of paying the debt service requirements on the bonds herein au-
thorized which are scheduled to become due in the calendar year
1974. Such amount shall be and is ordered set aside in the
Interest and Sinking Fund 'herein established for the benefit and
security of the bonds herein authorized,
SECTION 10: That the sale of the bonds herein authorized
to Merrill Lynch, Pierce, Fenner and Smith, Inc. and Associates
at the price of par and accrued interest to date of delivery, plus
a premium of $ / j /,.�41 , is hereby confirmed. Delivery Of the
bonds shall be made to said purchasers as soon as may be after the
adoption of this ordinance, upon payment therefor in accordance with
the terms of sale.
SECTION 11: The purchasers' obligation to accept de-
livery of the bonds herein authorized is subject to their being
furnished a final opinion of Iessrs. Dumas, Huguenin, Boothman
and Morrow, Attorneys, Dallas, Texas, approving such bonds as to
their validity, said opinion to be dated and delivered as of the
date of delivery and payment for such bonds. Printing of a true
and correct copy of said opinion on the reverse side of each of
such bonds with appropriate certificate pertaining thereto exe-
cuted by facsimile signature of the City Secretary is hereby
approved and authorized.
SECTION 12: That the City hereby covenants that the
proceeds from the sale of said bonds will be used as soon as
practicable for the purpose for which said bonds are issued; that
such proceeds will not be invested in any securities or obliga-
tions except for the temporary period pending such use; and that
such proceeds will not be used directly or indirectly so as to
cause all or any part of said bonds to be or become "arbitrage
bonds" within the meaning of Section 103(d) of the Internal
Revenue Code of 1954, as amended, or any regulations or rulings
prescribed or made pursuant thereto,
SECTION 13: CUSIP numbers are to be printed on the bonds
herein authorized. It is expressly provided, however, that the
presence or absence of CUSIP numbers on the bonds shall be of no
significance or effect as regards the legality thereof and
neither the District nor attorneys approving said bonds as to
legality are to be held responsible for CUSIP numbers incorrectly
printed on the bonds.
SECTION 14: That the Mayor of the City of Euless, Texas,
shall be and he is hereby authorized to take and have charge of all
necessary orders and records pending investigation by the Attorney
General of the State of Texas, and shall take and'have charge and
control of the bonds herein authorized pending their approval by
the Attorney General and their registration by the Comptroller of
Public Accounts.
SECTION' 15: The public importance of this measure, and
the fact that it is to the best interests of the City and its
inhabitants to provide funds for the acquisition and construction
of the public improvements contemplated at the earliest possible
date, for the immediate preservation of the public peace, health
and safety, constitute and create an emergency and an urgent pub-
lic necessity requiring that this ordinance be passed and take
effect as an emergency measure and this ordinance is accordingly
passed as an emergency measure and shall take effect and be in
force immediately from and after its passage.
PASSED AND APPROVED, this the 8th da of January, 1974.
Mayor, City of Euless, texas
ATTE T•
City Secretary,
City of Euless, Texas
APPRO
�. w .
- � �i� a:-U^
C'ty Attorney,
City of Euless, Texas
(City Seal)
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS §
COUNTY OF TARRANT §
CITY OF EULESS §
I, the undersigned, City Secretary of the City of
Euless, Texas, DO HEREBY CERTIFY that the foregoing is a true
and correct copy of an ordinance authorizing the issuance of
$1,300,000 "CITY OF EULESS, TEXAS, GENERAL OBLIGATION BONDS,
SERIES 1973," dated December 1, 1973 (and Minutes pertaining
to its adoption), passed by the City Council of said City on
the 8th day of January, 1974, which ordinance is of record
in the Minutes of said City Council.
I FURTHER CERTIFY that the said ordinance was passed at
a meeting held after written notice thereof stating the date, time
and purpose had been posted at the City Hall on a bulletin board
located at a place convenient to the public, all in compliance
with the provisions of Section 3A, Article 6252 -172 V.A.T.C.S.
IN WITNESS WHEREOF, I have hereunto signed my name
officially and affixed the seal of said City, this the 8th day of
January, 1974.
City Secretary, City of Euless,
Texas
(City Seal)
TNF STATE OF TEXAS
COUNTY OF TARRANT
CITY OF EULESS
GEN RAL CERTIFICATE
c
§
WE, the undersigned, Mayor and City Secretary -City
Treasurer, respectively, of the City of Euless, Texas, DO I-LE-REBY
CERTIFY as follows:
L That the following is a full and correct statement
of the tax - supported indebtedness of said City as of the date
hereinbelow shov..-n:
Amount
Kind of Bonds
Date
Int.
Maturity Outstan -?ing
Gen. Obliges
9 -1 -64
3 -3/4%
$20,000
9- 1- -74/76
Series 1964
25,000
77/78
3.60%
25,000
79/80
302000
81/82
3.80%
30,000
83
35,000
84
402000
85/87
45,000
88/89
3 -7/8%
50,000
90/92
55,000
93/94
$7552000
Park
9 -1 -64
3 -3/4%
5,000
9 -1 -74/78
Series 1964
3.60%
5,000
79/82
3.80%
5,000
83/84
55,000
Gene Obligo
7 -1 -65
385%
551000
7 -1 -95
Series 1964
603000
96
65,000
97
3x90%
657000
98/99
70,000
2000
75,000
2001
455,000
Park
7 -1 -65
5,00%
5,000
7 -1 -85/94
Series 1965
3,85%
5,000
95/97
3,90%
5,000
98/99
75,000
Gen. Oblig.
7 -1 -66
4,65%
75,000
7 -1 -2002
Series 1966
801000
2003/05
85,000
2006
400,000
Gen. Obliges
7 -1 -63
500%
10,000
1 -1 -75/77
Series 1968
157000
78
4 -3/4%
15,000
79
4 -1/2%
15,000
80/82
4.70%
15,000
83/85
4,90%
15,000
86
2011000
87/92
285,000
Kind of Bonds
Gen. Oblig.
Series 1971
Amount
Date Int, Maturity Outstandina
3 -1 -71 4% $25,000
4 -3/4% 303,000
5.20% 35,000
5.40% 402000
3 -1 -74/79
80/84
85/86
87/88 $ 450,000
TOTAL TAX - SUPPORTED INDEBTEDNESS OF EVERY CHARACTER $ 2,475,000
Sinking funds on hand to credit of above debt $ 263,625.17
2. That the names of the duly qualified and acting officers
and members of the City Council of the City of Euless, Texas, on
November 7, 1972, the date of the resolution and order calling a
bond election, and on December 2, 1972, the date of the resolution
canvassing returns and declaring the results of said bond election,
were as follows:
ALBERT C. KRAUSE (A.C.) MAYOR
J. DWAYNE WILCOX )
HAROLD COPHER )
HAROLD L. SAMUELS ) COUNCILMEN
BILL DUNN )
DARREL BENSON )
and
C. J. GRIGGS CITY MANAGER
VADA FERRIS CITY SECRETARY - TREASURER
That the names of the duly qualified and acting officers
and members of the City Council of the City of Euless, Texas, on
January 8, 1974, the date of the ordinance authorizing the issuance
of $1,300,000 "CITY OF EULESS, TEXAS, GENERAL OBLIGATION BONDS,
SERIES 1973," and at the present time are:
ALBERT C. KRAUSE (A.C.)
HAROLD L. COPHER
)
DARREL BENSON
)
M. B. DUNN
}
MRS. WILLIE MAE McCORMICK
)
HAROLD D. SAMUELS
)
and
C. J. GRIGGS
VADA FERRIS
JAMES CRIBBS
RICHARD PARKS
MAYOR
COUNCILMEN
CITY MANAGER
CITY SECRETARY - TREASURER
CITY ATTORNEY
TAX ASSESSOR - COLLECTOR
3. That the City of Euless, Texas, is incorporated under
the General Laws of the State of Texas, and is operating under
the Home Rule Amendment to the Texas Constitution, Section 5,
Article XI, as amended in 1912; that the Charter of said City
was adopted originally at an election held on the 21st day of
July, 1962, and amended at an election held on the 18th day of
February, 1969, and at an election held April 14, 1973.
ti1TIT1'ESS OUR OFFICIAL SIGNATURES AND THE SEAL OF THE CITY
OF EULESS, TEXAS. this the 8th day of January, 1974.
f ayor, City of Euless, Texas
City Secretary - City Treasurer
City of Euless, Texas
(City Seal)
APPROPRIATION CERTIFICATE
THE STATE OF TEXAS §
COUNTY OF TARRANT §
CITY OF EULESS §
I, the undersigned, City Treasurer of the City of Euless,
Texas, DO HEREBY CERTIFY:
That as stipulated, ordered and provided in the ordinance
relating to the issuance of $1,300,000 "CITY OF EULESS, TEXAS,
GENERAL OBLIGATION BONDS, SERIES 1973," dated December 1, 1973,
passed and adopted by the City Council of the City of Euless,
Texas, on the 8th day of January, 1974, the amount of $ 117,662.50
has been or will be placed to the credit of the interest and
sinking fund for the aforesaid bonds, to be used in paying and
discharging the installment of principal and interest in the
amount of $ 117,662.50 to become due March 1, 1974.
WITNESS MY HAND AND THE SEAL OF SAID CITY, this the
8th day of January, 1974.
City Treasurer, City of Euless,
Texas
(City Seal)
SIGNATURE AND NO- LITIGATION CERTIFICATE
THE STATE OF TEXAS
COUNTY OF TARRANT
WE,
the undersigned, hereby certify as follows:
(1) That this certificate is executed and delivered with reference to the following described bonds:
CITY OF EULESS, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1973
dated December 1, 1973 in the aggregate principal amount of $ 1, 300, 000.
(2) That the undersigned officially executed and signed or countersigned said bonds and the inter-
est coupons attached thereto by causing their facsimile signatures to be placed on each of said bonds and
interest coupons and they hereby adopt said facsimile signatures as their own and declare that the same !
constitute their signatures the same as if they had manually signed each of said bonds and interest
coupons.
(3) That on the date of such execution in such manner and on the date hereof, we were the duly
chosen, qualified and acting officers indicated therein and authorized to execute the same.
(4) That the legally adopted proper and only official corporate seal of the issuer is impressed, im-
printed or lithographed on all of said bonds and impressed on this certificate.
(5) We further certify that no litigation of any nature is now pending or, to our knowledge, threat-
ened restraining or enjoining the issuance and delivery of said bonds or the levy and collection of taxes
to pay the principal and interest, or in any manner questioning the proceedings and authority under
which the same is made or affecting the validity of the bonds thereunder; that neither the corporate ex-
istence or boundaries nor the title of the present officers to their respective offices is being contested, and
that no authority or proceedings for the issuance of said bonds have been repealed, revoked or rescinded.
(6) That no petition or other request has been filed with or presented to any official of the issuer of
these bonds requesting that any proceedings authorizing the same be submitted to a referendum or other
election.
EXECUTED AND DELIVERED this .... ...............................
(ISSUER'S SEAL)
SIGNATURE OFFICIAL TITLE
Mayor or Cit of Euless Texas
...................... . . . .•• ............................................................. ' .............................
City Secretary- Treasurer
jS
City f Euless Texas
......... .......... ...../..........--------- ••. - -- •- ••-- ••- . -• • --
The signatures of the officers subscribed above
are hereby certified to be true and genuine.
(BANK SEAL) FIFtST NATIONAL BANK OF EVLESS
....................................••--.......---------•-•--------- •- •••--- ...------ •--- -.....
Bank
Authorized Officer' 'Wt Pf4"
LA11' OFFICES
Dumas, Huguenin, Boothman and Morrow
1212 Kirby Building
Dallas, Texas 75201
TREASURER'S RECEIPT
THE STATE OF TEXAS
COUNTY OF TARRANT
THE UNDERSIGNED HEREBY CERTIFIES as follows:
(1) That this certificate is executed and delivered with respect to the following described bonds:
CITY OF EULESS., TEXAS, GENERAL OBLIGATION BONDS, SERIES 1973
dated December 1, 1973 in the aggregate principal amount of $ 1, 300, 000;.
(2) That on the date shown below as the date of execution and delivery of this instrument, the said
bonds were delivered to the purchaser thereof, namely:
(3) That all of said bonds have been paid for in full by the purchaser concurrently with the deliv-
ery of this certificate, and the issuer of said bonds has received the agreed purchase price for the said
bonds, as follows:
PRINCIPAL AMOUNT ................$ 1, 300, 000.00
ACCRUED INTEREST ................$
PREMIUM................._........_ ....._......._................_
TOTAL AMOUNT RECEIVED
ON DELIVERY OF BONDS.. $
(4) At the time of such delivery there were no matured coupons attached to said bonds and all un-
matured coupons were attached to said bonds.
(5) That the undersigned has executed this certificate in the capacity hereinafter shown for and on
behalf of the said issuer of bonds.
EXECUTED AND DELIV RED this ........................ -------
City Treasurer
City of Euless, Texas
The foregoing signature of the foregoing designated official of the issuer is hereby certified as
genuine.
................. ....... (7�?
.... 2.,� ... .........................................
........... .
Assfs V16VPr'es[ ....................of
(BANK SEAL)
The -Firstt-Nattomtt-E -V ErA gyres--------------------------------
ian )
EUte" .. Texas -.
LAW OFFICES
Dumas, Huguenin, Boothman and Morrow
1212 Kirby Building
Dallas, Texas 75201
January 8 1974
The American National Bank of Austin
P. 0. Box 2266
Austin, Texas 78767
Re: $1,3002000 City of Euless, Texas, General Obligation Bonds,
Series 1973, dated December 1, 1973
Gentlemen:
When the above bonds have been paid for, kindly t.ransnit
the proceeds thereof to
First National Bank of Euless, Euless, Texas
which is the depository for the City above named, said payment
to be made in immediately available funds transmitted by the
fastest means to said Bank.
Enclosed herewith you will find three executed but undated
copies of Treasurer's receipt pertaining to this issue; and when
the bonds have been taken up and paid for, kindly date and re-
lease all copies of this receipt to Messrs. Dumas, Huguenin,
Boothman and Morrow, Attorneys, 1212 Kirby Building, Dallas,
Texas 75201.
Thanking you for your assistance in this matter, we are,
Very truly yours,
City Treasurer
City of Euless, Texas
?�'0 -AP.B ITRAGE CERTIFICATE
THE STATE OF TEXAS §
COUNTY OF TARRANT §
CITY OF EULESS §
The undersigned, C. J. GRIGGS, being the City Manager
of the City of Euless, Texas (the "City "), hereby certifies with
respect to that issue of "City of Euless, Texas, General Obliga-
tion Bonds, Series 1973," dated December 1; 1973, in the princi-
pal amount of $1,300,000 (the "bonds "), as follows:
1 . That I, along with other off icers , am charged o itn the
responsibility of issuing the bonds.
2. That this certificate and covenant are glade pursuant
co Section 1.103 -13 of the Income Tax Regulations (the
flogs`') of the T ^ternzl Revenue Service with respect to arb _:rage
br):�ds as descri1_ed in Section 103(d) of the internal Revenue
Cole oc 1954, as amended (the "Code ") , and the words anal phraS -_ 3
used herein have the same-meanings as defined and used in -;egu-
la t ions .
3. That this certificate is based on facts, estia,,ates, an]
circumstances in existence on tine date of issue of the bonds, and
on such basis it is reasonably expected that the follo:•;ing Will
occur with respect to the bonds:
(a) That the City has incurred, at the date of
issue of the bonds, or will incur, within six months
after the date of issue of the bonds, binding obliga-
tions to cornence each of the projects, respectively,
to be financed by the bonds, either by entering into
contracts for the construction of such projects to be
financed by the bonds, or by entering into contracts
for architectural or engineering services for such
projects, with the amount to be paid under each such
contract -,,ith respect to each such project-to be in
excess of two and one -half percent of the part of the
proceeds of the bonds allocated to each such project,
respectiv�eiv;
(b) That after entering into said contracts, work-
on all o _11C projects `will proceed with due diligence
to completion;
(c) That all of the spendable proceeds of the bonds
will be expended for project costs by the end o.f the
three -year period beginning on the date of issue of the
bonds;
(d) That none of the proceeds of the bonds will be
placed in a reserve or replacement fund, and none of
the proceeds of the bonds will be used to acquire any
obligations except during the temporary period of three
years beginning on the date of issue;
(e) That none o- the projects will be sold or
otherwise disposed o -, in ..;hole or in part, prior to
the last o.= _ne ponds;
(f) That the original proceeds of the bonds •Jill
not by- mo �:.zan iiVe percent the amount neces-
sary for the purpDs or purposes of the bonds.
4. That on the !,asis of the foregoing it is not expected
teat the proceeds o- t:,e bonds will be used in any manner that
would cause such obiiSations to be arbitrage bonds under Secc'_on
103(d) of the Gode a, d the Regulations prescribed under that
Section, and it is further specifically covenanted that the pro-
ceeds of the bonds will not be used directly or indirectly s^
as to cause all or any part of the bonds to be or become arb_rage
bonds within the meaning of that Section or the Regulations
scribed by that Section.
5. That to my best knoolledge and belief there are no o �r
_facts, estimates, or circumstances that would materially clam=
the foregoing conclusions or statements.
6. That the City has never been listed in a notice
lished in the Internal Revenue Bulletin as described in Para ;Yaon
(��} (2) (iii) of Section 1.103 -13 of the Regulations, and has never
been advisee that such a listing is contemplated.
EXECUTED this day of , 1973.
C ✓ . Griggs', "City Manager
City of Euless, Texas
(City Seal)
CERTIFICATE AS TO CHARTER AMENDMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
CITY OF EUZESS §
I, the undersigned, City Secretary of the City of Euless,
Texas, DO HEREBY CERTIFY that the attached and foregoing are true
and correct copies of:
1. The ordinance providing for the submission of a
charter amendment or amendments together with the minutes per -
taining to the adoption of such ordinance;
2. Notice of the charter amendment election as published
in a newspaper of general circulation within said City once a
week for two consecutive weeks, the date of the first publication
being fourteen days prior to the date set for the election; and
3. The ordinance, resolution or order (and minutes per -
taining thereto) canvassing the returns and declaring the result
of such charter amendment election, the official order entered
upon the records of the City by the governing body thereof de-
claring the charter amendment to have been adopted.
I do further certify that following the adoption of such
charter amendments, an authenticated copy under the seal of the
City of Euless was certified to the Secretary of State of the
State of Texas, showing the approval thereof by the qualified
voters of the charter amendment as adopted.
I do further certify that the charter am
recorded at length upon the records of the City
book kept in my office for the purpose and that
amendment election was held or canvassed within
ceding the 14th day of April, 1973, the date of
election.
endment has been
in a separate
no other charter
two years pre
the aforesaid
TO CERTIFY WHICH, witness my hand and the seal of said
City, this the 8th day of January, 1973.
City Secretary,
City of Euless, Texas
(City Seal)