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HomeMy WebLinkAbout0014_0012"PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It' is'hereby certified that this Bond has been issued under the provisions of the Bond 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. Paying Agent/Registrar Dated By Authorized Representative An authorized 'representative of the Paying -Agent/Registrar shall, before the delivery of any such Bond, date and manually sign -the above Certificate, and no such Bond shall be deemed to be issued or outstanding unless such Certificate is so ex- ecuted. The Paying Agent/Registrar promptly shall. cancel all Bonds surrendered for conversion and exchange or replacement. No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange or replacement of any Bond or portion thereof; and the Paying Agent/Registrar shall provide for -the printing, execu- tion, and delivery of the substitute Bonds in the manner pre- scribed 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 Vernon's Ann. Tex. Civ. St,, Art. 717k -6, -and particularly Section 6 thereof, the duty of conversion and exchange or replacement of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registrar's Authentication Certificate, the converted and exchanged or (replaced Bond shall be valid, incontestable,. and enforceable in the same manner and with the same effect as the Initial Bond jwhich originally was issued pursuant. to this Ordinance, -ap proved by the,Attorney General, and registered by the Comp- troller, of Public Accounts. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Bond or any portion ,thereof,., but the one requesting any such transfer, conversion, and exchange shall pay any taxes or governmental charges required -to be paid with respect thereto as.a condition precedent to the exercise .of such privilege of conversion and exchange. The Paying Agent/ Registrar shall not be required to make any such conversion and exchange or replacement -of Bonds or any portion thereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, -(ii) with respect to any Bond or portion thereof called for redemption prior to maturity, within 45 days` prior to its redemption date. (e) In General. All Bonds issued in conversion and exchange or replacement of any, other Bond or portion thereof, (i), shall be issued in fully registered form, withoutinterest 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 converted`and 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 SUBSTI'T'UTE BOND set forth in this Ordinance. 10 (fJ Payment of Fees 'and _Charges. The Issuer hereby covenants with the registered ~owiiers of the Bonds that it will (i) pay the 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 of regis- tration of Bonds, and with respect to the conversion and exchange of Bonds solely to the extent above provided in this Ordinance. (g) Substitute Paving Agent/Registrar.- The Issuer coven- ants with the registered owners of the Bonds that at all times whiletheBonds are outstanding the Issuer 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 Ordinance, and that the Paying Agent/Registrar will be one entity. The Issuerreservesthe right to, and may, at its option, change the Paying Agent/Registrar upon not Jess than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notices. 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 other- wise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Regis- trar 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/Regis- trar designated and appointed by the Issuer. Upon any change in the paying Agent/Registrar, the Issuer promptly will cause a written notice' thereof to be sent by the new Paying Agent/Reg istrar to each registered owner of the Bonds, by United States mail, first-class 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/Regis- trar 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. Section 7. FORM OF SUBSTITUTE BONDS. The form of all Bonds issued in conversion and exchange .or replacement of any other Bond or portion thereof, including the form of Paying 'Agent/Registrar's Certificate to be printed, on each of such Bonds, and the Form of Assignment to be printed on each of the Bonds, shall be, respectively, substantially as folldws, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance, FORM OF SUBSTITUTE BOND PRINCIPAL NO. _ AMOUNT UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF GEORGETOWN, TEXAS UTILITY SYSTEM REVENUE BOND SERIES 1984 INTEREST RATE MATURITY DATE CUSIP NO. 3 ON THE MATURITY DATE specified above,. THE CITY OF GEORGE- TOWN, in Williamson County, Texas (the "Issuer"), being a poli- tical subdivision of the State of Texas, hereby promises to pay oto. or to the registered assignee hereof -(either being` hereinafter called the "registered owner"),the principal amount of and to pay interest thereon from July 15, 1984 to the maturity date specified above, or the date of redemption prior to matur- ity, at the interest rate per annum specified above with inter- est being payable February 15, .1985 and semiannually on each August. 15 and February 15 thereafter; except that if the date of authentication of this Bond is later than January 31, 1985, such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is afteranyRecord Date (herein- after defined) but on or before the 'next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment 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 Bond at maturity or upon the date fixed for its redemption prior ,to maturity, at, the principal corporate trust office, of First City National Bank of Austin,. Austin, Texas, which is the "Paying Agent/Registrar"-for this Bond. The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check or draft, dated as of such -interest payment date, drawn by. the Paying Agent/Registrar�on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of the Bonds -.(the "Bond Ordinance")- to -be on deposit with the -Paying Agent/Registrar for such purpose as hereinafter provided; and such :check or draft 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 the address of the registered owner, as it. appeared on the last business day of the month next preceding each such date (the "Record Date") on the. Registration Books kept by the Paying Agent;/Registrar, as hereinafter described. Any accrued interest due upon the redemption. of this Bond prior to maturity as provided herein shall be paid to the registered owner at the principal corpor- ate trust office of the Paying Agent/Registrar upon presenta- tion and surrender of this Bond for redemption and payment at the principal corporate trust office of the Paying Agent/Regis trar. `"The Issuer covenants with the registered owner of this Bond that 'on or before each principal payment date, .interest payment date, and accrued interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and Redemption Fund" created by the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due. IF THE DATE for the payment of the principal of or inter- est on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where 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 riot 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 12 340 111 THIS BOND is one of an issue of Bonds initially dated July 1984, author.ired in accordance --with, .the Constitution and laws of the State of Texas in the principal amount of $2,000,000, for the purpose of improving and extending the Issuer's Waterworks System, to -wit: Water Treatment Plant and Transmission Lines. ON AUGUST 15, 1994, or on any interest payment date there- after, the unpaid installments of principal of this Bond may be prepaid or redeemed prior to their scheduled due dates, at the option,of the Issuer, with funds .derived from any available source, as a whole, .or in part, -and, if in part the Issuer shall select and designate the maturity or maturities and the amountthatis to be redeemed, and if less than a whole matur- ity is to be called, the Issuer shall direct the Paying Agent/ Registrar to call by lot (provided that a portion of a Bond may be redeemed only in an integral multiple of $5,000), at the ,redemption price of the principal amount thereof, plus accrued interest to the date fixed for prepayment or redemption. At least 30 days prior to the date fixed for any redemption of Bonds or portions thereof prior to maturity a written notice of such redemption shall be published once in a financial publica- tion, Journal, -or reporter of general circulation among secur- ities dealers in The City of New York, New York (including, but not.limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). Such notice also.shall be sent by the Paying Agent/Registrar by United States mail, first class postage pre- paid, not less than 30 days prior to the date fixed for any such redemption,, to the registered owner of each Bond to be redeemed at its address as it appeared on the 45th day prior to such redemption date; provided, however, -that the failure to send, mail, or receive such notice, 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 publica- tion of such notice as required above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Bonds or portions -thereof. By the date fixed for any such - redemption due provision shall be made with the Paying Agent/Registrar for the payment"of the required re- demption price for the Bonds or portions thereof which are to be so redeemed,.plus.accrued interest -thereon to°the date fixed for redemption. If such written notice.of redemption is pub- lished and if due provision for such payment is made, all as provided.,,,ahove,, the Bonds or portions thereof which.are to be so redeemed thereby automatically shall be treated as redeemed prior to .their scheduled, maturities, 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 registered owner to receive the redemption price plus ac- crued .interest from the Faying Agent/ Registrar out of the funds pLovided for such payment. If. a portion of. any Bond small be redeemed a substitute Bond or Bonds having the same maturity date,bearing interest at the same rate, in any denom- ination or denominations in any integral multiple of $5,000, at the wxitten 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 surrenderthereof for cancellation, at the expense of the Issuer, all as provided in the Bond Ordinance. THIS BOND -OR ANY PORTION OR PORTIONS HEREOF IN ANY INTE- GRAL MULTIPLE OF $5,000 may be -assigned and shall be trans- iferred only in the Registration Books of the Issuer kept by the Paying Agent; Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond Ordinance. Among. oti:er 'regui'rei'�ents for such assignment and transfer, this F^nd must be -presented and sur ren lered to the 13 3 7 Paying .Agent/Registrar,' together*` with proper instruments of assignment, in- form `'and with guarantee of signatures satisfac- tory 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 shall be executed by the registered owner or its duly authorized attorney or representa- tive, -to evidence the assignment hereof. A new Bond or Bonds payable to such assignee or assignees (which then will be the new, registered owner- or owners of r such -new Bond or Bonds), or to the previous registered owner in the case of the assignment and transfer, of only a portion of this Bond; may be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond,_ all in the form and manner as provided in the next , paragraph' hereof „for the conversion and exchange of other Bonds.' The Issuer shall pay the Paying Agent/Registrar's standard orcustomary fees and charges for making such trans fer,,, but , the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto.,, -The Paying Agent/Registrar shall not be required'to make transfers -of registration of this Bond or any; portion hereof (i) during- the period commencing with the close :of business on any Record Date and ending with the opening of business :on' the next following` principal -or interest' payment date, or, (ii) with respect to any Bond or any portion{thereof called for redemption prior to maturity,„within 45 days prior to, its redemption date. The registered owner, of this Bond shall, be deemed and treated by the Issuer and. the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Bond to the extent of such, payment,, and the Issuer and the Paying Agent/Registrar shallnotbe affected by --any' notice to,the contrary. ALL BONDS OF THIS SERIES areissuable solely, as fully registered bonds,•without interest coupons, in the denomination of any .integral multiple of $5,000. As provided in the Bond Ordinance, this Bond, or any"unredeemed portion hereof,,may, at the request." of - the registered' owner 'or the assignee or as- signees hereof, be converted into 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 requested3in­writing by the appropriate `registered owner, assignee, or assignees, as the case may be,�, upon sur- render of thistBond to the Paying'Agent/Registrar for cancella tion,, -all -in accordance with the form and procedures set forth in the Bond Ordinance. The Issuer shall,. pay- the Paying Agent/Registrar's standard or customary fees and charges for. transferring, -converting, and exchanging any Bond or any portion thereof, but the one, requesting such transfer,” conver- sion,;and exchange shall-pay,ary taxes -or=governmental=charges required to be paid with respect thereto as a condition prece- dent to�the exercise of such privilege of conversion and exchange. The Paying Accent/Registrar. shall not be required to make any such conversion and exchange =(I)` during' the period'' commencing with the close of business -on any Record -Date and' ending with the opening ,of business on the next following " principal'or- interest*payment date, or, (ii) with respect to any Bond: or, portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. IN THE EVENT any Paying Agent/Registrar for the. Bunds is changed by the Issuer, resigns, or otherwise ceases to act as !such, - the Issuer -has covenanted in the Bond Ordinance. that it 14 r promptly will appoint a competent And legally qualified substi- tute therefor, and promptly will cause written notice thereof to be mailed to the registered owners of the Bonds. IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly voted, authorized, issued, sold, and delivered; that all wets, conditions, and things required or proper to be performed,- exist, and be done precedent to or in the authorization, issuance, 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 interest on and principal of this Bond, together with other revenue bonds of the Issuer, are payable from, and secured by a first lien on and pledge of the Net Revenues of the Issuer's Utility System, being the Issuer's combined Waterworks, Sewer and Electric bight System, including all additions,.extensions and improvements thereto which may hereafter be made. SAID ISSUER has reserved the right, subject to the restrictions stated anded adopt by reference, in the Ordinance. authorizing this Series of Bonds, to issue in parity revenue bonds which also may be made payable from, and secured by a lien on and pledge of the Net Revenues of .the Issuer's Utility System in the same manner and to the same extent as this series of Bonds. THE HOLDER HEREOF shall never have the right, to demand jpayment of this obligation out of any funds raised or to be raised by taxation, BY; BECOMING the registered owner of this Bond, the regis- tered owner, thereby acknowledges all of the terms and provi- sions of. the` Bond Ordinance, agrees to be bound by such terms and' provisions, acknowledges that the Bond 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 Bond Ordi- nance constitute a contract between eachregistered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the facsimile signature of the Mayor of' -the Issuer land countersigned with the facsimile. signature of the City Secretary of the Issuer, and has caused the official seal of Ithe Issuer to be duly impressed, or placed in facsimile, on this Bond. i ` facsimile signature facsimile sianature) - _ .�... __L5 -- �, City Secretary Mayor (CITY SEAL) FORM OF PAY I NG AGENT I STRAR' S AUTiiENT I CAT I ON CERT I F I CATS PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that :this Bond has been issued Iunder.the provisions of the Bond 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 -.`.._..r Authorkzed Representat.ive 15