Ordinance 1972-21
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41 (, CERTIFICl\TE Fon
ORDINANCE AUTHORIZING A CONTRACT
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THE STATE OF TEXAS :
COUNTY OF COLLIN :
CIrpy OF ViYLIE :
~'h,~ , the undersigned officers of said City, hereby certify
as follows:
l. The City Council of sai.d City convened in
REGULAR .!'1EE'l'ING ON THE 28TH DAY OF NOVEMBER, 1972,
at the City Hall, and the roll was called of the duly constituted
officers and members of said City Council, to-'\.vi t:
Oneida Gallagher, City Secretary C. vL Hackler, Mayor
R. C. Dodd John T. Addicks
Don R. Thomas Bill Davis
Jerry D. Christopher
and all of said persons were present, except the following
absentees: lJ\') .0 ~ ,
thus constituting a quorum. Whereupon, among other business,
the following was transacted at said Meeting: a written
ORDINll.NCE AUTHORIZING A CONTRACT
was duly introduced for the consideration of said City 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 Ci,ty Council
shown present above voted "Aye" .
NOES: None.
2. That a true, full, and correct copy of the aforesaid
Ordinance passed at the Meeting described in the nbove and,fore--
going paragraph is attached to and follows this Certificate;
that said Ordinance has been duly recorded in said Ci t~y Council's
minutes of said Meeting; that the above and foregoing paragraph
1S a true, full, and correct excerpt from said City Council's
minutes of said Meeting pertaining to the passage of said Ordi-
nance; that the persons nmued in the above and foregoing paragraph
are the duly chosen, qualified, and acting officers and members of
said City Council as indicated therein; that each of the officers
and members of said City Council was duly and sufficiently noti-
fied 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 Meet-
ing was open to the public, and public notice of the time, place,
and purpose of said meeting was given, all as required by Vernon's
Ann. Civ. St. Article 6252-17.
3 . That the Mayor of said City has approved, and hereby
approves, the aforesaid Ordinance; that the Mayor and the City
Secretary of said City have duly signed said Ordinance; and that
the Mayor and the City Secretary of said City hereby declare that
their signing of this Certificate shall constitute the signing of
the attached and following copy of said Ordinance for all pur-
poses.
SIGNED AND SEALED the 28th day of November, 1972.
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City secret;Jrv
ayor
(SEAL)
.
ORDINANCE AUTHORIZING A CONTHACT
THE STATE OF TEXAS :
COUNTY OF COLLIN :
CITY OF WYLIE :
\,oJHEREAS, it is necessary and advisable tha't the City enter
into the Contract hereinafter authoriz~d.
THEREFORE, BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF WYLIE:
Section 1. That the Mayor and the City Secretary are au-
thorized and directed, for and on behalf of the City, to date,
sign, seal, and otherwise execute a Contract in substantially
the form and substance set forth in "Exhibit A", which is
attached hereto and made a part hereof.
Section 2. That upon execution said Contract shall be
binding upon the City for all purposes.
Section 3. That a substantial draft of the Bond Resolution
authorizing the issuance of the Bonds described in said Contract
has been submitted to the City, and a copy thereof is attached
hereto, marked "Exhibit B", and made a part hereof. Said draft
is hereby approved, and said Bonds may be issued pursuant
thereto, and it is hereby acknowledged that all provisions of
said draft are in compliance with said Contract.
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RESOLUTION AUTHORIZING Tlill ISSUANCE OF REVENUE BONDS
THE STATE OF TEXAS .
.
NORTH TEXAS MUNICIPAL WATER DISTRICT:
WHEREAS, a Waste Disposal Contract (hereinafter called the
"Contract") has been duly executed between the District and the
City of Wylie, Texas (hereinafter called the "City"); and
.
WHEREAS, the date of the Contract is NOVEMBER 30, 1972; and
W1IEREAS, the Contract is hereby referred to and adopted for
all purposes, the same as if it had been set forth in its en-
tirety in this Resolution; and
WHEREAS, the governing body of the City has duly approved
a substantial draft of this Resolution; and
WHEREAS, the Bonds (hereinafter called the "Bonds") authoriz-
ed,to be issued by this Resolution (hereinafter called the "Reso-
lution") are to be issued and delivered pursuant to Vernon's Arti-
cles 8280-141 and 7621g, and/or Chapter 25 of the Texas Water Code.
THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
NORTH TEXAS MUNICIPAL WATER DISTRICT:
Section 1. That said District's negotiable Bonds are here-
by authorized in the aggregate principal amount of $170,000,
FOR THE PURPOSE OF ACQUIRING AND CONSTRUCTING A DISPOSAL SYSTEM,
CONSISTING OF FACILITIES FOR DISPOSING OF SEWAGE AND OTHER WASTE,
INCLUDING TREATMENT FACILITIES, TO SERVE THE CITY OF WYLIE.
Section 2. That said Bonds are authorized and shall be issued
in two separate Series, and shall be known and designated as the"
NORTH TEXAS MUNICIPAL WATER DISTRICT - CITY OF WYLIE, WAST.E DIS-
POSAL CONTRACT REVENUE BONDS, SERIES 1972-A, in the principal
amount of $60,000, and SERIES 1972-B, in the principal amount of
$110,000, respectively.
Section 3. That said Bonds shall be dated NOVEMBER 10, 1972,
shall be in the denomination of $5,000 each, and the Bonds of each
of said Series, respectively, shall be numbered consecutively from
one upward, and shall mature serially on the maturity date, ln
each of the years, and in the amounts, respectively, as set forth
in the following schedule:
MATURITY DATE: JULY 10
SERIES 1972-A SE'RIES 1972-B
YEARS AMOUNTS YEA'RS AMOUNTS
1974 $5,000 1986 $ 5,000
1975 5,000 1987 10,000
1976 5,000 1988 10,000
1977 5,000 1989 10,000
1978 5,000 1990 10,000
1979 5,000 1991 10,000
1980 5,000 1992 10,000
1981 5,000 1993 10,000
1982 5,000 1994 10,000
1983 5,000 1995 10,000
1984 5,000 1996 15,000
1985 5,000
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The Series 1972-A Bonds are not subject to redemption prior to
their scheduled maturities. The Series 1972-B Bonds are subject
to prior redemption as provided in the FORM OF BOND set forth in
this Resolution.
Section 4. (a) That the Series 1972-A Bonds, scheduled to
mature during the years, respectively, set forth below shall bear
interest at the following rates per annum:
maturities 1974 through 1979, 4-3/4~6
maturities 1980 through 1985, 5-1/4%
(b) That the Series 1972-B Bonds, scheduled to mature during
the years, respectively, set forth below shall bear interest at the
following rates per annum:
maturities 1986 through 1988, 4-3/4%
maturities 1989 through 1996, 5g,.
o ,
Ct) That said interest shall be evidenced by interest coupons
which shall appertain to said Bonds, and which shall be payable in
the manner provided and on the dates stated in the FORM OF BOND
set forth in this Resolution.
Section 5. That said Bonds' and interest coupons shall be
issued, shall be payable, may be redeemed prior to their schedul-
ed maturities, shall have the characteristics, and shall be sign-
ed and executed (and said bonds shall be sealed), all as provided,
and in the manner indicated, in the FORM OF BOND set forth in this
Resolution.
Section 6. That the form of said Bonds,. including the form
of Registration Certificate of the Comptroller of Public Accounts
of the State of Texas to be printed and endorsed on each of said
Bonds, and the form of the aforesaid interest coupon which shall
appertain and be attached initially to each of said Bonds, shall
be, respectively, substantially as follows:
FORM OF BOND:
NO. $5,000
UNITED STATES OF AMERICA
STATE OF TEXAS
NORTH TEXAS MUNICIPAL WATER DISTRICT
NORTH TEXAS MUNICIPAL WATER DISTRICT - CITY OF WYLIE,
WASTE DISPOSAL CONTRACT REVENUE BOND
SERIES 1972-
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ON JULY 10, 19 , NORTH TEXAS MUNICIPAL WATER DISTRICT
hereby promises to-pay to bearer hereof the principal amount of
FIVE THOUSAND DOLLARS
and to pay interest thereon, from date hereof, at the rate of %
per annum, evidenced by interest coupons payable JULY 10, 1973 :--
and semi-annually thereafter while this Bond is outstanding.
THE PRINCIPAL of this Bond and the interest coupons apper-
taining hereto shall be payable to bearer, in lawful money of the
United States of America, without exchange or collection charges
to the bearer, upon presentation and surrender of this Bond or
proper interest coupon, at the following, which shall constitute
and be defined as the '''Paying Agent" for this Series of Bonds:
MERCANTILE NATIONAL BANK AT DALLAS,
DALLAS, TEXAS.
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THIS BOND is one of a Series dated as of NOVEMBER 10, 1972,
authorized and issued in the principal amount of ~ ,
FOR TIlE PURPOSE OF ACQUIRING AND CONSTRUCTING A DISPOSAL SYSTEM,
CONSISTING OF FACILITIES FOR DISPOSING OF SEWAGE AND OTHER WASTE,
INCLUDING TREATMENT FACILITIES, TO SERVE TIlE CITY OF WYLIE.
*(ON JANUARY 10, 1983,
or on any interest payment date thereafter, any outstanding Bonds
of this Series may be redeemed prior to their scheduled maturi-
ties, at the option of said District, in whole, or in part 1n
inverse numerical order, for the principal amount thereof and
accrued interest thereon to the date fixed for redemption. At
least thirty days prior to the date fixed for any such redemption
said District shall cause a written notice of such redemption to
. be published at least once in a financial publication published
in the City of New York, New York, or in the City of Austin, Texas.
By the date fixed for any such redemption due provision shall be
made with the "Paying Agent" for the payment of the principal amount
of the Bonds which are to be so redeemed and accrued interest there-
on to the date fixed for redemption. If such written notice of re-
demption is published and if due provision for such payment is made,
all as provided above, the Bonds which are to be so redeemed there-
by automatically shall be redeemed prior to their scheduled maturi-
ties, and they shall not bear interest after the date fixed for
redemption, and they shall not be regarded as being outstanding
except for the right of the bearer to receive the redemption price
from the "Paying Agent" out of the funds provided for such payment.)
IT IS HEREBY certified and covenanted that this Bond has been
duly and validly authorized, issued, and delivered; that all acts,
conditions, and things required or proper to be performed, exist,
and be done precedent to or in the authorization, 1S s.uance , and
delivery of this Bond have been performed, existed, and been done
in accordance with law; that this Bond is a special obligation;
and that the principal of and interest on this Bond and other
bonds are payable from, and secured by a first lien on and pledge
of, the District's Gross Revenues from a Waste Disposal Contract
between said District and the Ci ty of Wylie, Texas.
SAID DISTRICT has ~eserved the right, subject to the re-
strictions stated in the Resolution authorizing this Series of
Bonds, to issue additional parity revenue bonds which also may
be made payable from, and secured by a first lien on and pledge
of, the aforesaid Gross Revenues.
SAID DISTRICT also has reserved the right to amend the
Resolution authorizing this Series of Bonds, with the approval
of the holders of two-thirds of the outstanding Bonds, subject
to the restrictions stated in said Resolution.
THE HOLDER HEREOF shall never have the right to demand pay-
ment of this obligation out of any funds raised or to be raised
by taxation.
IN WITNESS WHEREOF, this Bond and the interest coupons apper-
taining hereto have been signed with the facsimile signature of
the President of the Board of Directors of said District, and
countersigned with the facsimile signature of the Secretary at
said Board of Directors, and the official seal of said District
has been duly impressed, or placed in facsimile, on this Bond.
xxxxxxxx xxxxxxx
Secretary, Board of Directors President, Board of Directors
* NOTE TO PRINTER: this paragraph shall be omitted from all of
the Series 1972-A Bonds.
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FORM OF REGISTRATION CERTIFICATE:
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
I hereby certify that this Bond has been examined, certi-
fied as to validity, and approved by the Attorney General of
the State of Texa~, and that this Bond has been registered by
the Comptroller of Public Accounts of the State of Texas.
Witness my signature and seal this
xxxxxxxx
Comptroller of PublIc Accounts of the
State of Texas.
FOro.1 OF INTEREST COUPON:
NO. $
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ON 10, 19
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NORTH TEXAS MUNICIPAL WATER DISTRICT
promises to pay to bearer the amount shown on this interest
coupon, in lawful money of the United States of America, with-
out exchange or collection charges to the bearer, *(unless due
provision has been made for the redemption prior to scheduled
maturity of the Bond to which this interest coupon appertains,)
upon presentation and surrender of this interest coupon, at
MERCANTILE NATIONAL BANK AT DALLAS,
DALLAS, TEXAS,
said amount being interest coming due that day on th~ Bond,
bearing the number hereinafter designated, of that issue of
NORTH TEXAS MUNICIPAL WATER DISTRICT - CITY OF WYLIE, WASTE
DISPOSAL CONTRACT REVENUE BONDS, SERIES 1972- , DATED NOVEMBER
10, 1972. The holder hereof shall never have-the right to demand
payment of this obligation out of any funds raised or to be rais-
ed by taxation. Bond No. .
xxxxxxxx xxxxxxxx
Secretary, Board of Directors PresIdent, Board of DIrectors.
*NOTE TO PRINTER: this clause shall be omitted from all interest
coupons appertaining to the Series 1972-A Bonds.
Section 7. PLEDGE. That the Bonds, and the interest thereoD,
are and shall be payable from and secured by an irrevocable first
lien on and pledge of all of the revenues or payments received by
the District under the Contract (hereinafter called the "Gross
Revenues"), and said Gross Revenues are further pledged irre-
vocably to the establishment and maintenance of the Funds here-
inafter created.
Section 8. SPECIAL FUNDS. That all Gross Revenues shall be
kept separate and apart from all other funds of the District,
and the following special Funds are hereby created and shall be
established and maintained in an official depository bank of the
District, so long as any of the Bonds, or interest coupons ap-
pertaining thereto, are outstanding and unpaid:
(a) the Revenue Fund;
(b) the Interest and Sinking Fund;
(c) the Reserve Fund.
Section 9. REVENUE FUND. AI] Gross Revenues shall be de-
posited as received by the District into the Revenue Fund, and
shall be deposited from the Revenue Fund into the other Funds
created by this Resolution, in the manner and amounts hereinafter
provided, and each of such Funds shall have priority as to such
deposits in the order in which they arc treated in the following
Sections. -4-
Section 10. INTEREST :\1\1]) S1;\)1;1]\(; FUND. There shall be de-'
posited into the Interest and Sinking Fund the following:
(a) immediately after the delivery of the Bonds, all
accrued interest and any premium froln the proceeds from
the sale of the Bonds shall be deposited to the credit of
the Interest and Sinking Fund, and shall be used for pay-
irig interest on the Bonds.
(b) .on or before July 5, 1973, and semi-annually
thereafter on or before each January 5th, and July 5th, an
amount equal to the principal and/or {nterest coming due
on the Bonds on the next succeeding interest payment date.
The Interest and Sinking Fund shall be used to pay the principal
of and interest on the Bonds as such principal matures and such
interest comes due.
Section 11. RESERVE FUND. Immediately after the delivery of
the Bonds, the sum of $16,500 from the proceeds from the sale of
the Bonds shall be deposited into the Reserve Fund. No deposits
shall be required to be made into the Reserve Fund as long as the
money and investments in the Reserve Fund are at least equal to
the aggregate amount of $16,500 in market value; but if and when-
ever the Reserve Fund is reduced below said aggregate amount, the
City shall increase its payments under the Contract in an amount
sufficient to restore the Reserve Fund to said aggregate amount
not later than the next interest payment date on the Bonds. The
Reserve Fund shall be used to pay the principal of or interest
on the Bonds at any time when there is not sufficient money avail-
able in the Interest and Sinking Fund for such purpose, and shall
be used finally to pay and retire the last of the outstanding Bonds.
Section 12. INVESTMENTS. Money in any Fund created by this
Resolution may be placed in time deposits or be invested in di-
rect obligations of the United States, of America; obligations
which, in the opinion of the Attorney General of the United
States, are general obligations of the United States and backed
by its full faith and credit; all obligations guaranteed by the
United States of America; evidences of indebtedness of the
Federal Land Banks, Federal Intermediate Credit Banks, Banks' for
Cooperatives, Federal Home Loan Banks; Federal National Mortgage
Association; Government National Mortgage Association; United
States Postal Service; Farmers Home Administration; Federal Home
Loan Mortgage Association; or Participation Certificates in the
Federal Assets Financing Trust. Any obligation in which money
1S so invested shall be kept and held in an official depository
bank of the District for the benefit of the holders of the Bonds,
and shall be promptly sold and the proceeds of sale applied to
the making of all payments required to be made from the Fund
from which the investment was made. All earnings from the de-
posit or investment of any such Fund shall be deposited into
such Fund, except that at all times when the Reserve Fund con-
tains the maximum aggregate amount required to be on deposit
therein, such earnings shall be deposited into the Interest and
Sinking Fund, and thereby reduce the amounts which otherwise
would be required to be deposited into the Interest and Sinking
Fund, with the result that the City's semi-annual principal
and/or interest payments under the Contract may be reduced ac- ,
cordingly.
Section 13. DEFICIENCIES IN FUNDS. If the District should
fail at any time to deposit into any Fund created by this Resolu-
tion the full amounts required, amounts equivalent to such defi-
ciencies shall be set apart and paid into said Funds from the first
available Gross Revenues, and such payments shall be in addition
to the amounts otherwise ~equired to be deposited into said Funds.
,Section 14. DISTRICT'S EXPENSES. Immediately following each
semi-annual deposit from the Revenue Fund into the Interest and
Sinking Fund, and/or the Reserve Fund, if required, the amounts
remaining in the Revenue Fund will be withdrawn and used by the
District to pay its expenses attributable to the Bonds and the
disposal system acquired and constrvcted with the proceeds from
the sale of the Bonds.
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Section IS. SECURITY rOR FUNDS. All Funds created by this
Resolution shall be secured In the manner and to the fullest ex-
tent, permitted or required by law for the security of public
funds, and such Funds shall be used only for the purposes and In
the manner permitted or required hy this Resolution.
Section 16. COMPLETION BONDS. The District reserves the
right to Issue additional parity revenue Bonds only In such
amounts as are required for the purpose of completing the acqui-
sition and construction of the disposal system for which the
Bonds are being issued, in accordance with the IIEngineering Re-
portlt of the IIConsulting Engineersll, and the presently approved
plans and specifications therefor, as provided in the Contract,
in the event that the proceeds from the sale of the Bonds are
insufficient. Such additional parity revenue Bonds shall be con-
sidered, constitute, and be defined as IIBondsll, for all purposes
of this Resolution and the Contract, and when issued and deliver-
ed, they shall be payable from and secured by a first lien on and
pledge of the Gross Revenues, in the same manner and to the same
extent as the other Bonds; and all of the Bonds shall in all
respects be on a parity and of equal dignity. The additional
parity revenue Bonds may be issued In one or more installments
or serIes, provided, however, that no such installment or series
shall be issued unless:
(a) a certificate IS executed by the President and Secretary
of the Board of Directors of the District to the effect that no
default exists in connection with any of the covenants or require-
ments of the resolution or resolutions authorizing the issuance of
all then outstanding Bonds, and that the Interest and Sinking
Fund and the Reserve Fund each contains the amount then required
to be on deposit therein;
(b) the "Consulting Engineersll under the Contract execute
a certificate to the effect that such installment or ser1es of
Bonds 1S required in order to complete the acquisition and con-
struction of the disposal system as provided above;
(c) the resolution authorizing the issuance of such install-
ment or series of Bonds shall provide for the payment of the prin-
cipal of and interest on such Bonds, and that the aggregate amount
to be accumulated and maintained in the Reserve Fund shall be in-
creased (within five years from the date of such installment or
series of Bonds) to an aggregate amount at least equal to the
average annual principal and interest requirements for all then
outstanding Bonds, and for the installment or ser1es of Bonds
then proposed to be issued;
(d) all calculations of average annual principal and inter-
est requirements made pursuant to this Section are to be made as
of and from the date of the installment or ser1es of Bonds then
proposed to be issued;
(e) the governing body of the City passes an ordinance or
adopts a resolution approving a substantial draft of the resolu-
tion authorizing the issuance of such installment or ser1es of
Bonds.
Section 17. ACCOUNTS AND RECORDS. The District shall keep
proper books of records and accounts, separate from all other
records and accounts of the District, in which complete and
correct entries shall be ~ade of all transactions relating to
the Contract. The District shall have said books audited once
each District fiscal year by a Certified Public Accountant.
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Section 18. ACCOUNTING In:POR1S. Witllin ninety days after
the close of each District C i :~\.'al year herell rter, the District
will furnish, without cost, to the original Purchaser of the
Bonds', and to any holder of any outstclnding Bonds who may so re-
quest, a signed or certified copy of a report by a Ccrtified
Public Accountant, covering the l1cxt preceding fiscal year, show-
ing the following information:
(a) A detailed statement of all Gross Revenues;
(b) Balance sheet as of the end of said fiscal year;
(c) Accountant's comment regarding the manner in which
the District has complied with the requirements of this
Resolution and his recommendations, if any, for any changes
or improvements.
Section 19. INSPECTION. Any holder or holders of any Buncls
shall have the right at all reasonable times to inspect all
records, accounts, and data of the District relating to the
Contract and the Funds created by this Resolution.
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Section 20. SPECIAL COVENANTS. The District further
covenants as follows:
(a) that other than for the payment of the Bonds herein au-
thorized, the Gross Revenues have not in any manner been pledged
to the payment of any deht or obligation of the District.
(b) that while any of the Bonds are outstanding, the Dis-
trict will not, with the exception of the additional parity revenue
Bonds expressly permitted by this Resolution to be issued, addi-
tionally encumber the Gross Revenues.
(c) that the District will carry out all of its obligat.ions
under the Cont.ract.; and when or if necessary will promptly en-
force and cause t.he City to carry out all of its obligations
under the Contract, for the benefit of the District and the hol-
ders of the Bonds, by all legal and equitable means, including
the use of mandamus proceedings against the City.
Section 21. BONDS ARE SPECIAL OBLIGATIONS. The Bonds shall
be special obligations of the District payable solely from the
pledged Gross Revenues, and the holder or holders of the Bonds
shall never have the right to demand payment thereof out of funds
raised or to be raised 'by taxation.
Section 22. AMENDMENT OF RESOLUTION. (a) The holders of
Bonds aggregating in principal amount two-thirds of the aggre-
gate principal amount of then outstanding Bonds shall have the
right from time to time to approve any amendment to this Resolu-
tion which may be deemed necessary or desirable by the District,
provid.ed, however, that nothing herein contained shall permit or
be construed to permit the amendment of the terms and conditions
in this Resolution or in the Bonds so as to:
t (1) Make any change in the maturity of the outstanding
Bonds;
(2) Reduce the rate of interest borne by any of the out-
standing Bonds;
(3) Reduce the amounf of the principal payable on the
outstanding Bonds;
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(4) Modify the tenL'; oJ' )J~lYJl1C'nt of prillcipa] of or
interest on the outstanding Bonds, or impose any
co J1 d i t i 0 11 S \\} i LJ' res pee t t 0 ~i U c h p a ym e Il t ;
(5) Affect the rights of the holders of less than all
of the Bonds then outstanding;
,(6) Change the minimum percentage of the principal
amount of Bonds necessary for consent to such
amendment.
(b) If at any time the District shall desire to amend the
Resolution under this Section, the District shall cause notice
of the proposed amendment to be published in a financial newspaper
or journal pub 1 i shed in the Stat e of Texas, once dur in g each ca 1,-
endar week for at least four successive calendar weeks. Such
notice shall briefly set forth the nature of the proposed amend-
ment and shall state that a copy thereof is on file at the prin-
cipal office of the Paying Agent for inspection by all holders
of Bonds. Such publication is not required, however, if notice
in writing is given to each holder of Bonds.
(c) Whenever at any time not less than thirty days, and
within one year, from the date of the first publication of said
notice or other service of written notice the District shall re-
ceive an instrument or instrumellts executed by the holders of at
least two-thirds in aggregate principal amount of all Bonds then
outstanding, which instrument or instruments shall refer to the
proposed amendment described in said notice and which specifically
consent to and approve such amendment in substantially the form
of the copy thereof on file with the Paying Agent, the District
may adopt the amendatory resolution in substantially the same form.
(d) Upon the adoption of any amendatory resolution pursuant
to the provisions of this Section, the Resolution shall be deemed
tobe amended in accordance with such amendatory resolution, and
the respective rights, duties, and obligations under the Resolu-
tion of the District and all the holders of then outstanding
Bonds shall thereafter be determined, exercised, and enforced
hereunder, subject in all respects to such amendments.
(e) Any consent given by the holder of a Bond pursuant to the
p~ovisions of this Article shall be irrevocable for a period of
six months from the date of the first publication of the notice
provided for in this Section, and shall be conclusive and binding
upon all future holders of the same Bond during such period. Such
consent may be revoked at any time after six months from the date
of the first publication of such notice by the holder who gave
such consent, or by a successor in title, by filing notice there-
of with the Paying Agent and the District, but s~ch revocation
shall not be effective if the holders of two-thirds aggregate
principal amount of the then outstanding Bonds as in this Section
defined have, prior to the attempted revocation, consented to and
approved the amendment. .
(f) For the purpose of this Section, the fact of the holding
of Bonds by any Bondholder and the amount and numbers of such
Bonds, and the date of their holding same, may be proved by the
affidavit of the person claiming to be such holder, or by a cer-
tificate executed by any trust company, bank, banker, or any other
depositary wherever situated showing that at the date therein
mentioned such person had on deposit with such trust company,
bank, banker, or other depositary, the Bonds described in such
certificate. The District may conclusively assume that such
ownership continues until written notice to the contrary is
served upon the District.
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Section rs. CONSTIUlCT ION FU ;\]) . That in accordance with the
Contract, and immediately alter the 5;11(' all~l Jclivcry of the Bono ~~ ,
the District shall deposit CrUiil the proceeds r,um the sale of
the Bonds into (] special Construction Fund the sum of $146,750.
Said Construction Fund shall he established, drawn OIl, and used J JI
the manner provided in the Contract, to pay the costs of acquiring
and constructing the District's part of the disposal system for
which the Bonds are being issued, subject to the requirement that
each expenditure fro~ the Construction Fund must be approved by
the "Consulting Engineers" named In the Contract prior to the
making of such expenditure.
Section 24. APPROVAL AND REGISTRATION OF BONDS. That tht~
President of the Board of Directors of the District is hereby
'authorized to have control of said Bonds and all necessary records
and proceedings pertaining to said Bonds pending their delivery
and their investigation, examination, and approval by the Attorney
General of the State of Texas, and their registration by the
Comptroller of Public Accounts of the State of Texas. Upon regis-
tration of said Bonds, said Comptroller of Public Accounts (or a
deputy designated in writing to act for said Comptroller) shall
manually sign the Comptroller's Registration Certificate prescrib-
ed herein to be printed and endorsed on each Bond, and the sea]
of said Comptroller shall be impressed, or printed, or lithograph-
ed on each of said Bonds.
Section 25. NO ARBITRAGE. That the District covenants to
and with the purchaser of the Bonds that it will make no use of
the proceeds of the Bonds at any time throughout the term of this
issue of Bonds which, if such use had been reasonably expected on
the date of delivery of the Bonds to and payment for the Bonds by
the purchasers, would have caused the Bonds to be arbitrage bonds
within the meaning of Section 103(d) of the Internal Revenue Code
of 1954, as amended, or any regulations or rulings pertaining
thereto; and by this covenant the District lS obligated to comply
with the requirements of the aforesaid Section lO3(d) and all appli-
cable and pertinent Department of the Treasury regulations relat-
ing to arbitrage bonds. The District further covenants that the
proceeds of the Bonds will not otherwise be used directly or In-
dir~ctly so as to cause alIaI' any part of the Bonds to be or be-
come arbitrage bonds within the meaning of the aforesaid Section
I03(d), 61' any regulations or rulings pertaining thereto.
Section 26. EMERGENCY. That it is hereby officially found
and' determined: that a case of emergency or urgent public neces-
sity exists which requires the holding of the meeting at which
this Resolution is adopted, such emergency or urgent public neces-
sity being that the proceeds from the sale of said Bonds are re-
quired as soon as possible and without delay for necessary and
urgently needed public improvements; 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 Vernon's
Ann. Civ. St. Article 6252-17.
Section 27. SALE OF BONDS. (a) That the Series 1972-A
Bonds are hereby sold and shall be delivered to First Southwest
Company for the price of par and accrued interest to the date of
delivery.
(b) That the Series 1972-B Bonds are hereby sold and shall
be delivered to The Texas Water Development Board, pursuant to
Section 21. 095, Texas Water Code, for the price of par and ac-
crued interest to date of delivery, plus a premium of $52.46.
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Section 28. EXCESS CONSTRUCTION FUNDS. Tllat the District
and the City shall render a final accounting to the Texas Water
Development Board and the Texas Water Quality Board of the total
cost of the disposal system for which the Bo~ds are being issued,
upon completion of such Project. If the District's part of the
Project is finally c~mpleted at a total cost less than the amount
deposited into the Construction Fund pursuant to this Resolution,
the District shall, if required by the Texas Water Quality Board,
deliver to the Texas Water Development Board, out of the amount
of any excess remaining in the Construction Fund which is deposit-
ed by tIle City into the Interest and Sinking Fund as required by
.the Contract, all of such excess to the extent available to re-
tire a like principal amount of the longest maturing and highest
numbered Series 1972-B Bonds, provided that concurrently there-
with such longest maturing and highest numbered Bonds are deliver-
ed, duly cancelled, to the District.
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CERTIfICATE rOR
RESOLUTION AUTHORIZING THE ISSUANCE OF NORTH TEXAS
MUNICIPAL WATER DISTRICT - CITY OF WYLIE" WASTE DIS-
POSAL CONTRACT REvrNUE BONDS, SERIES 1972-A, AND
SERIES 1972-B, AGGREGATING THE. PRINCIPAL AMOUNT OF
~'-' __11 7 0 , 0 0 ()
THE STATE OF TEXAS
NORTH TEXAS MUNICIPAL WATER DISTRICT:
We, the undersigned officers of the Board of Directors of
said District, hereby certify as follows:
1. The Board of Directors of said District convened in
SPECIAL MEETING ON THE 30TH DAY OF NOVEMBER, 1972,
at the designated meeting place, and the roll was called of the
duly constituted officers and members of said Board, to-wit:
C. Truett Smith Loney L. Leake, President
Secretary-Treasurer Clifford Carpenter, Vice President
Dyon CantTell D. B. Dickson
A. H. Eubanks, Jr. Bill Glaspy
E. L. Kohn G. W. Range
C. Hansford Ray Richard Roach
A. R. Schell, III Conway Senter
J. O. Wallace
and all of said persons were present, except the following
absentees: - ,
thus constituting a quorum. Whereupon, among other business,
the following was transacted at said Meeting: a written
RESOLUTION AUTHORIZING THE ISSUANCE OF NORTH TEXAS MUNI-
CIPAL WATER DISTRICT - CITY OF WYLIE, WASTE DISPOSAL
CONTRACT REVENUE BONDS, SERIES 1972-A, AND SERIES 1972-B,
AGGREGATING THE PRINCIPAL AMOUNT OF $170,000
was duly introduced for the consideration of said Board and read
in full. It was then duly moved and seconded that said Resolution
be adopted; and, after due discussion, said motion, carrying with
it the adoption of said Resolution, prevailed and carried by the
following vote:
AYES: All members of said Board shown
present above voted "Aye."
NOES: None.
Z . That a true, full, and correct copy of the aforesaid
Resolution adopted at the Meeting described in the above and fore-
going paragraph is attached to and follows this Certificate; that
said Resolution has been duly recorded in said Board's minutes of
said Meeting; that the above and foregoing paragraph is a true,
full, and correct excerpt from said Board's minutes of said Meet-
ing pertaining to the adoption of said Resolution; that the per-
sons named in the above and foregoing paragraph are the duly
chosen, qualified, and acting officers and members of said Board
as indicated therein; and that each of the officers and members
of said Board was duly and sl.fficiently notified officially and
personally, in advance, of the time, place, and purpose of the
aforesaid Meeting, and that said Resolution would be introduced
and considered for adoption 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 os required by Vernon's Ann. Civ.
St. t\rtjcle 6252-17.
. sJ..6W,m AND SEALED the 30th day of NoVen1~r, 13'Z~'
~, /1 /" ,/ ./'
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~ccr8tarY'Trcasut:r---- </' ,,', Pr si ent
(SEAL)/