ORDINANCE NO. 73
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STATE OF TEXAS
COUNTY OF GUADALUPE
CITY OF SCHERTZ
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On this, September 6, 1962, the City Council of
the City of Schertz, Texas, regularly convened at a regular
meeting in the City Hall of the City of Schertz, Texas,
with the following members present, namely:
Roy W. Richard
Elgin Beck
Geo. P. Bolton
R. R. Cosby
W. E. Ebert
Ralph R. Ike1s
Mayor
Alderman
Alderman
Alderman
Alderman
Alderman
and
Geo. W. Pickrell
City Secretary
at which time the following proceedings, among others, were
had, to-wit:
Mayor Roy W. Richard introduced a proposed ordin-
ance authorizing the issuance of $301,000 CITY OF SCHERTZ
SEWER SYSTEM BONDS, SERIES 1962, hereinafter set forth. The
ordinance was read in full and a full discussion and con-
sideration thereof then ensued.
Alderman J111'. C? B~-
moved that
said ordinance be passed and adopted.
by Alderman G? 07 &..J~
carried by the following vote:U
The motion was seconded
.
The motion
AYES: Mayor Roy W. Richard, and Aldermen Elgin
Beck, Geo. P. Bolton, R.R. Cosby,
W.E. Ebert and Ralph R. Ike1s
NOES: None
Thereupon, the Mayor announced the ordinance finally passed
and adopted, and said ordinance as passed and adopted by
the City Council and approved by the Mayor of the City of
Schertz, Texas, is as follows:
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AN ORDINANCE r; j
AUTHORIZING THE ISSUANCE OF THREE HUNDRED
ONE THOUSAND DOLLARS ($301,000) CITY OF
SCHERTZ SEWER SYSTEM BONDS, SERIES 1962,
AND LEVYING THE NECESSARY TAX SUFFICIENT
TO PAY THE INTEREST AND PRINCIPAL THEREOF
AS THE SilME MATURES; PRESCRIBING THE MAT-
URITIES OF SAID BONDS AND THE INTEREST RATE;
PRESCRIBING THE FORM OF BOND AND INTEREST
COUPONS; AND CONTAINING OTHER PERTINENT
PROVISIONS.
WHEREAS, the City Council of the City of Schertz,
Texas, heretofore on November 16, 1961, by an ordinance duly
and legally passed, called an election to be held on December
16, 1961, for the purpose of submitting to the qualified
resident property taxpaying voters of the City of Schertz,
Texas, who own taxable property in said City and who had
duly rendered the same for taxation, for their action thereupon,
the following proposition:
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PROPOSITION
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Shall the City Council of the City of Schertz,
Texas, be authorized to issue Tl;IREE HUNDRED FIFTEEN
THOUSAND ($3'15,000.00) DOLLARS principal amount
of General Obligation.. Tax Bonds of said City
for the purpose of constructing a sanitary sewer
system in and for said City; said bonds to mature
serially over a period not to exceed forty (40)
years from their date, and to bear interest at a
rate not to exceed five (5%) per centum per annum,
interest payable annually or semi-annually; and
to levy an annual ad valorem tax on all taxable
property in said City sufficient to pay the inter-
est on said bonds and to create a sinking fund to
pay the principal thereof as the same matures, as
authorized and required by the Constitution and
laws of the State of Texas, including Chapters 1
and 7, Title 22, Revised Civil Statutes of 1925,
as amended?
and
WHEREAS, this City Council affirmatively finds
that there being no newspaper published in the City of Schertz,
notice of said election was duly and legally given by publi-
cation in the "SEGUIN ENTERPRISE", a newspaper published in
and of general circulation in Guadalupe County, Texas, which
notice was pUblished in said newspaper on the following
dates, to-wit: November 23, 1961 and November 30, 1961, the
date of the first publication being not less than fourteen
(14) days prior to the date of said election; and that in
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addition thereto, notice of said election was posted at
four (4) public places within the city limits of the City
of Schertz, Texas, and at the City Hall in Schertz, Texas,
and that all of said notices of election were posted not
less than fourteen (14) days prior to the date of said
election; and
WHEREAS, the City Council affirmatively finds that
said election was duly and legally held on December 16, 1961,
and the results of said election were duly certified and
returned to the City Council by the judges and clerks thereof;
and
WHEREAS, on December 16, 1961, after the holding
of said election, the City Council considered the returns of
said election and canvassed the same and found that there
were cast at said election by the qualified resident property
taxpaying voters of the City of Schertz, Texas, who own tax-
able property in said City and who had duly rendered the same
for taxation, 201 votes, of which the following votes were
cast:
AGAINST
FOR THE ISSUANCE OF $315,000
SANITARY SEWER BONDS AND
THE LEVY OF THE TAX IN
PAYMENT THEREOF . . . . . . . 160 votes
THE ISSUANCE OF $315,000
SANITARY SEWER BONDS AND
THE LEVY OF THE TAX IN
PAYMENT THEREOF. . . . .
. .
39 votes
and the City Council thereupon, by ordinance duly entered,
declared that the proposition submitted at said election was
sustained and adopted by a majority of the qualified resident
property taxpaying voters of the City of Schertz, Texas, who
own taxable property in said City and who had duly rendered
the same for taxation, voting at said election; and that the
City Council of the City of Schertz, Texas, was accordingly
authorized to issue bonds of the City of Schertz, Texas, in
accordance with the authority granted as contained in said
proposition and with law; and
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WHEREAS, this City Council has examined into and
investigated the regularity of the proceedings of said election
and finds that the same was duly and legally held; that the
notice required by law to be given has been duly and legally
given; and that said election was conducted in strict conformity
with all requirements of law; and
WHEREAS, the City Council now deems it advisable and
to the best interest of the City to authorize at this time the
issuance of Three Hundred One Thousand Dollars ($301,000) principal
amount of the bonds that this City Council was authorized to issue
at the aforesaid election; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
SECTION 1 - NAME, AMOUNT, PURPOSE AND AUTHORIZATION:
That the bonds of the City of Schertz, Texas, to be
called and designated "CITY OF SCHERTZ SEWER SYSTEM BONDS, SERIES
1962", shall be issued in the aggregate principal amount of
Three Hundred One Thousand Dollars ($301,000), for the purpose
of constructing a sanitary sewer system in and for the City of
Schertz, Texas, under and in strict conformity with the Consti-
tution and laws of the State of Texas, including Chapters 1 and
7, Title 22, Revised Civil Statutes of Texas, 1925, as amended,
and as authorized at a bond election held within said City on
December 16, 1961.
SECTION 2 - DATE, NUMBERS, DENOMINATION, AMOUNT AND
MATURITY SCHEDULE:
That said bonds shall be serial coupon bonds, registrable
as to principal only, and shall be dated June 1, 1962, shall be
numbered consecutively from 1 to 301, both inclusive, shall be
in the denomination of $1,000 each, aggregating the total prin-
cipal sum of Three Hundred One Thousand Dollars ($301,000) and
shall become due and payable in each of the yea%and in the re-
spective amounts shown in the schedule as follows, to-wit:
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BOND NOS.
(Both Inc)
MATURITY DATE
1 -
4 -
7 -
3
6
9
June 1, 1964
June 1, 1965
June 1, 1966
June 1, 1967
June 1, 1968
June 1, 1969
June 1, 1970
June 1, 1971
June 1, 1972
June 1, 1973
June 1, 1974
June 1, 1975
June 1, 1976
June 1, 1977
June 1, 1978
June 1, 1979
June 1, 1980
June 1, 1981
June 1, 1982
June 1, 1983
June 1, 1984
June 1, 1985
June 1, 1986
June 1, 1987
June 1, 1988
June 1, 1989
June 1, 1990
June 1, 1991
June 1, 1992
June 1, 1993
June 1, 1994
June 1, 1995
June 1, 1996
June 1, 1997
June 1, 1998
June 1, 1999
June 1, 2000
June 1, 2001
AMOUNT
$ 3,000
3,000
3,000
4,000
4,000
5,000
5,000
5,000
5,000
5,000
6,000
6,000
6,000
6,000
6,000
7,000
7,000
7,000
7,000
8,000
8,000
8,000
8,000
9,000
9,000
9,000
10,000
10,000
10,000
10 - 13
14 - 17
18 - 22
23 - 27
28 - 32
33 - 37
38 - 42
43 - 48
49 - 54
55 - 60
61 - 66
67 - 72
73 - 79
80 - 86
87 - 93
94 - 100
101 - 108
109 - n6
ll7 - 124
125 - 132
133 - 141
142 - 150
151 - 159
160 - 169
170 - 179
180 - 189
190 - 200
201 - 2ll
11,000
11,000
12,000
12,000
12,000
212 - 223
224 - 235
236 - 247
248 - 260
261 - 273
274 - 287
288 - 301
13,000
13,000
14,000
14,000
SECTION 3 - REDEMPTION OF BONDS:
That Bonds Nos. 1 to 37, both inclusive, maturing
in the years 1964 to 1972, both inclusive, shall be non-
callable prior to their stated maturities.
That Bonds Nos. 38 to 301, both inclusive, shall
have a reservation in the City of an option of redemption
prior to maturity as follows:
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The City herebY reserves the option of calling
bonds of this issue Nos. 38 to 301, both inclusive (matur-
ing June 1st in each of the years 1973 to 2001, both inclu-
sive), for redemption prior to maturity, in whole or in
part, in inverse numerical order, on any interest payment
date on and after June 1, 1972, the redemption price to be
paid with respect to each such bond called for prior redemp-
tion to be the percentage of the principal amount thereof as
set forth below, plus accrued interest on such principal
amount to the interest payment date fixed for redemption, as
follows, to-wit:
BONDS CALLED FOR REDEMPTION ON:
REDEMPTION PRICE:
104.00%
103.75%
103.50%
103.25%
103.00%
102.75%
102.50%
102.25%
102.00%
101.75%
101.50%
101.25%
101.00%
100.75%
100.50%
100.25%
100.00%
June 1, 1972 thru December 1, 1972
June 1, 1973 thru December 1, 1973
June 1, 1974 thru December 1, 1974
June 1, 1975 thru December 1, 1975
June 1, 1976 thru December 1, 1976
June 1, 1977 thru December 1, 1977
June 1, 1978 thru December 1, 1978
June 1, 1979 thru December 1, 1979
June 1, 1980 thru December 1, 1980
June 1, 1981 thru December 1, 1981
June 1, 1982 thru December 1, 1982
June 1, 1983 thru December 1, 1983
June 1, 1984 thru December 1, 1984
June 1, 1985 thru December 1, 1985
June 1, 1986 thru December 1, 1986
June 1, 1987 thru December 1, 1987
June 1, 1988 and after
Notice of any prior redemption shall be published in a
financial publication in the English language, in the City
of New York, New York, at least once not more than sixty
(60) days nor less than thirty (30) days prior to the inter-
est payment date fixed for such redemption; and in addition
thereto notice of prior redemption in writing shall be
given to the places of payment at least thirty (30) days
before the interest payment date so fixed for redemption;
provided that such published notice of redemption need not
be given in the event that all of the bonds to be so re-
deemed are held by a single owner, and notice of such prior
redemption in writing is given by the City to such owner by
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registered mail, postage prepaid, mailed not more than sixty
(60) days nor less than thirty (30) days before the interest
payment date so fixed for redemption. Prior to the interest
date fixed for redemption, funds shall be placed with the
places o.f payment sufficient to pay the bonds so called for
prior redemption and the accrued interest thereon to the
interest payment date fixed for redemption plus any premium
required. Upon the happening of the above conditions, said
bonds thus called shall not thereafter bear interest.
If any of the bonds to be redeemed at the time
of any prior redemption of bonds be registered as to principal
only, as herein provided for, notice of such prior redemption
shall be mailed to the registered owner of each such registered
bond by registered mail, postage prepaid, addressed to such
registered owner at his registered address, not more than
sixty (60) days nor less than thirty (30) days prior to the
interest payment date fixed for redemption.
If all of the bonds to be redeemed at the time of
any prior redemption of bonds be registered as to principal,
publication of such notice of redemption need not be given
in the aforesaid financial publication.
Should any bond or bonds not be presented for
redemption when so called and funds have been provided with
the places of payment for the payment thereof, such bond or
bonds shall cease to bear interest from and after the inter-
est payment date so fixed for redemption.
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SECTION 4 -
INTEREST:
That said bonds shall bear interest from their
date until finally paid (or in the event bonds be called
for prior redemption , as hereinafter provided, then to
the interest payment date so fixed for prior redemption,)
as follows:
Bonds Nos. 1 to.j ,at
~ ......... r- - ~
percent per annum; d
the rate of
( ..3 S"/a %)
~ ~ ;j.~:~.:t~
percent per annum; and
, at the rate of
( ..3 3/8 %)
Bonds Nos. J S to.3o I
~~ I--_~n.
percent per annum;
, at the rate of
(.3~/8 %)
which said interest shall be payable on June 1, 1963, and
semi-annually thereafter on December 1st and June 1st of each
year, and which interest shall also be evidenced by coupons
attached to each of said bonds.
SECTION 5 - PAYING AGENT AND EXCHANGE OR COLLEC-
TION CHARGES:
That both principal of and interest on said
bonds shall be payable, without exchange or collection
charges to the owner or holder, at the FROST NATIONAL BANK,
SAN ANTONIO, TEXAS, or at the option of the holder, at the
principal office of the CHASE MANHATTAN BANK, in the
Borough of Manhattan, City and State of New York (herein
collectively called the "places of payment"), in any coin
or currency which, on the respective dates of payment of
such principal and interest, is legal tender for payment
of debts due the United States of America; provided that
said principal and interest shall be payable only upon
presentation and surrender of proper bonds or proper
interest coupons as they respectively become due.
f
,
,
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SECTION 6 - EXECUTION OF BONDS AND INTEREST COUPONS:
That, in accordance with the provisions of Chapter
204, Acts of the 57th LegiSlature of the State of Texas, Regular
Session 1961 (codified in Vernon's Texas Civil Statutes as
Article 717j-1), each of said bonds shall be executed by the
imprinted facsimile signature of the Mayor and countersigned
by the imprinted facsimile signature of the City Secretary of
the City of Schertz, Texas; and each of the interest coupons
attached to said bonds shall be executed by the imprinted fac-
simile signature of said Mayor and said City Secretary and
such imprinted facsimile signatures shall have the same effect
as if each of such bonds and interest COupons had been manually
signed by each of said officials; and the City Secretary of the
City of Schertz, Texas is hereby authorized to cause the seal
of said City to be printed, engraved, lithographed, stamped
or otherwise placed in facsimile on each of said bonds; and
the placing of the seal of said City in facsimile on each of
said bonds shall have the same legal effect as the impression
of the official seal of said City on each of said bonds.
SECTIC)N 7 -
BOND FORM:
That the form of such bonds shall be SUbstantially
as follows:
NO
$1,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF GUADALUPE
CITY OF SCHERTZ SEWER SYSTEM BOND, SERIES 1962
KNOW ALL MEN BY THESE PRESENTS: That the CITY OF SCHERTZ,
a municipal corporation of the State of Texas, situated in Guad-
alupe County, Texas, FOR VALUE RECEIVED acknowledges itself in-
debted to and hereby promises to pay to bearer hereof, or if this
bond be registered as to principal, then to the registered owner
hereof, on the 1st day of June, , the principal sum of
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ONE THOUSAND DOLLARS
($1,000), with interest thereon from date hereof at the
rate of
(
%)
per centum per annum, interest payable June 1, 1963, and
semi-annually thereafter on December 1st and June 1st of
each year until such principal sum shall be paid; however,
the principal hereof and the interest hereon shall be payable
only upon presentation and surrender of this bond or the
proper interest coupons hereunto appertaining as they sev-
erally become due.
Both principal of and interest on this bond are
hereby made payable, without exchange or collection charges
to the owner or holder thereof, at the FROST NATIONAL BANK,
SAN ANTONIO, TEXAS, or at the option of the holder, at the
principal office of the CHASE MANHATTAN BANK, in the Borough
of Manhattan, City and State of New York (herein collectively
called the "places of payment"), in any coin or currency
which, on the respective dates of payment of such principal
and interest, is legal tender for payment of debts due the
United States of America.
Bonds Nos. 1 to 37, both inclusive, of this issue
maturing on June 1st in each of the years 1964 to 1972,
both inclusive, shall be non-callable prior to their stated
maturities.
~he City hereby reserves the option of calling
Bonds Nos. 38 to 301, both inclusive, of this issue (which
mature on June 1st in each of the years 1973 to 2001, both
inclusive), for redemption prior to maturity, in whole or
in part, in inverse numerical order, on any interest payment
date on and after June 1, 1972. The redemption price to be
paid with respect to each such bond called for prior re-
demption shall be the percentage of the principal amount
thereof as set forth below, plus accrued interest on such
principal amount to the interest payment date fixed for
redemption:
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BONDS CALLED FOR REDEMPTION ON: REDEMPTION PRICE:
June 1, 1972 thru December 1, 1972 104.00%
June 1, 1973 thru December 1, 1973 103.75%
June 1, 1974 thru December 1, 1974 103.50%
June 1, 1975 thru December 1, 1975 103.25%
June 1, 1976 thru December 1, 1976 103.00%
June 1, 1977 thru December IJ 1977 102.75%
June 1, 1978 thru December 1, 1978 102.50%
June 1, 1979 thru December 1, 1979 102.25%
June 1, 1980 thru December 1, 1980 102.00%
June 1, 1981 thru December 1, 1981 101.75%
June 1, 1982 thru December 1, 1982 101. 50%
June 1, 1983 thru December 1 1983 101.25%
-,
June 1, 1984 thru December 1, 1984 101.00%
June 1, 1985 thru December 1, 1985 100.75%
June 1, 1986 thru December 1, 1986 100.50%
June 1, 1987 thru December 1, 1987 100.25%
June 1, 1988 and after 100.00%
Notice of any prior redemption shall be published in a financial
publication in the English language, in the City of New York,
New York, at least once not more than sixty (60) days nor less
than thirty (30) days prior to the interest payment date fixed
for such redemption; and in addition thereto notice of prior re-
demption in writing shall be given to the places of payment at
least thirty (30) days before the interest payment date so.fixed
for redemption; provided that such published notice of redemption
need not be given in the event that all of the bonds to be so
redeemed are held by a single owner, andnotice of such prior
redemption in writing is given by the City to such owner by
registered mail, postage prepaid, mailed not more than sixty
(60) days nor less than thirty (30) days before the interest
payment date so fixed for redemption. Prior to the interest
payment date fixed for redemption, funds shall be placed with
the places of payment sufficient to pay the bonds so called
for prior redemption and the accrued interest thereon to the
interest payment date fixed for redemption plus any premium
required. Upon the happening of the above conditions, said
bonds thus called shall not thereafter bear interest.
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If any of the bonds to be redeemed at the time
of any prior redemption of bonds be registered as to prin-
cipal only, as herein provided for, notice of such prior
redemption shall be mailed to the registered owner of each
such registered bond by registered mail, postage prepaid,
addressed.to such registered owner at his-registered address,
not more than sixty (60) days nor less than thirty (30) days
prior to the interest payment date fixed for redemption.
If all of the bonds to be redeemed at the time
of any prior redemption of bonds be registered as to prin-
cipal, publication of such notice of redemption need not be
given in the aforesaid financial publication.
Should any bond or bonds not be presented for
redemption when so called and funds have been provided with
the places of payment thereof, such bond or bonds shall
cease to bear interest from and after the interest payment
date so fixed for redemption.
This bond, and the interest coupons attached
hereto, are and shall be negotiable instruments in accordance
with the laws of the State of Texas, and shall be transferable
by delivery unless registered as to principal only in the
owner's name upon the books of the said City, which books for
that purpose are to be kept in the office of the City Treasurer
of the City of Schertz, Schertz, Texas, and such registration
is also noted on this bond by the said City Treasurer of said
City acting as Registrar. After such registration no transfer
of this bond shall be valid unless made on said books at the
request of the registered owner hereof, or by his duly auth-
orized attorney or legal representative, and similarly noted
hereon; but this bond may be discharged from registry by
being in like manner transferred to bearer, whereupon transfer-
ability by delivery shall be restored, and this bond may again
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and from time to time be registered or made payable to
bearer as before. Such registration, however, shall not
affect the negotiability of the annexed coupons, which shall
always be transferable by delivery and be payable to bearer,
and payment to the bearer thereof shall fully discharge the
said City in respect of the interest therein mentioned, whether
or not this bond be registered as to principal and whether or
not any such coupons be overdue.
The date of this bond, in conformity with the
ordinance hereinafter mentioned, is JUNE 1, 1962.
This bond is one of a series of 301 bonds of like
date and tenor (except as to number, maturity, interest rate
and right of prior redemption), numbered consecutively from 1
to 301, both inclusive, in the denomination of $1,000 each,
aggregating the principal sum of Three Hundred One Thousand
Dollars ($301,000); and this bond, and the other bonds of the
series of which it is a part, are issued for the purpose of
constructing a sanitary sewer system in and for the City of
Schertz, Texas, under and in strict conformity with the Con-
stitution and laws of the State of Texas, including Chapters
1 and 7, Title 22, Revised Civil Statutes of Texas, 1925, as
amended, and by authority of the vote of the qualified res-
ident property taxpaying voters of said City, who owned
taxable property within said City and who had duly rendered
the same for taxation, at an election held on December 16,
1961 (at which election a total principal amount of $315,000
of bonds of said City was authorized for the aforesaid purpose),
and pursuant to an ordinance duly adopted by the City Council
of the City of Schertz, Texas, and duly recorded in the
Minutes of said City Council.
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IT IS HEREBY CERTIFIED, RECITED AND REPRESENTED
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 exclusively to the payment of this bond and to
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 said City, including this
bond and the series of which it is a part, does not exceed any
Constitutional or statutory limitation.
IN WITNESS WHEREOF, the City of Schertz, Texas,
by its City Council, has caused its corporate seal to be
imprinted hereon in facsimile, and this bond to be executed
by imprinting the facsimile signature of the Mayor of the City
of Schertz, Texas, and countersigned by imprinting the
facsimile signature of the City Secretary of the City of
Schertzj Texas, and the interest coupons hereto attached to
be executed by the imprinted facsimile signatures of said
Mayor and said City Secretary (in accordance with the pro-
visions of Chapter 204, Acts 1961, 57th Legislature of the
State of Texas, Regular session), as of the date of this bond,
JUNE 1, 1962.
Mayor - City of Schertz, Texas
Countersigned:
City Secretary - City of Schertz,
Texas.
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SECTION 8 -
COMPTROLLER'S CERTIFICATE
That, the bonds authorized herein being a public
security which, under the laws of the State of Texas, is re-
quired to be registered by the Comptroller of Public Accounts
of the State of Texas; accordingly, there shall be printed on
the back of each of said bonds substantially the following
certificate, which as to the registration of each of said bonds
by the Comptroller of Public Accounts of the State of Texas,
shall be manually signed by said Comptroller or by a Deputy
designated in writing to act for said Comptroller:
OFFICE OF COMPTROLLER
STATE OF TEXAS
I
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 bind-
ing obligation upon said City of Schertz, Texas, and said
bond has this day been registered by me.
WITNESS MY HAND AND SEAL OF OFFICE at Austin,
Texas, this
.
Comptroller of Public Accounts
of the State of Texas.
SECTION 9 - FORM OF REGISTRATION CERTIFICATE
TO APPEAR ON THE BACK OF EACH BOND:
That substantially the following form of regis-
tration certificate shall be printed on the back of each bond:
It is hereby certified that, at the request of
the owner of the within bond, I have this day registered it
as to principal only in the name of such owner as indicated
in the registration blank below, on the books kept by me for
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such purpose. The principal of this bond shall be payable
only to the registered owner hereof named in the below regis-
tration blank, or his duly authorized attorney or legal re-
presentative. If the last transfer recorded on the books of
the Registrar and in the below registration blank shall be
to bearer, the principal of this bond shall be payable to bearer,
and it shall be in all respects negotiable. In no case shall
transferability of the coupons attached hereto be affected by
any registration as to principal.
DATE OF :
REGISTRATION :
:
SIGNATURE
OF REGISTRAR
IN WHOSE
NAME REGISTERED
:
:
:
:
:
:
:
:
:
:
.
.
:
:
SECTION 10 - FORM OF INTEREST COUPON:
That the form of the interest coupons attached to
such bonds shall be substantially as follows:
NO $
ON THE 1ST DAY OF , ,
*the CITY OF SCHERTZ, in Guadalupe County, Texas, promises to
pay to bearer, without exchange or collection charges to the
owner or holder, at the FROST NATIONAL BANK, San Antonio, Texas,
or at the option of the holder hereof, at the principal office
of the CHASE MANHATTAN BANK, in the Borough of Manhattan, City
and State of New York, the sum of
($
) Dollars, in any coin or currency which, on the
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respective dates of payment of such interest, is legal tender
for payment of debts due the United States of America, said
sum being the interest due that day on CITY OF SCHERTZ SEWER
SYSTEM BOND, SERIES 1962, dated June 1, 1962, Bond No.
City Secretary Mayor
* (Coupons maturing on and after
December 1, 1972, shall con-
tain the following additional
clause:
unless the bond to which this
coupon appertains has been
properly called for prior re-
demption and provision for
payment and redemption duly
made in accordance with its terms,)
SECTION 11 -
REGISTRATION PROVISIONS:
(a)
That the City hereby covenants
and agrees that it will securely keep adequate books in the
office of the City Treasurer of the City of Schertz, which
person shall act as Registrar of any bonds to be registered
as to principal only, or for the release of the registration
of any bonds so registered. Such books shall, in addition to
the name of each owner of bonds registered as to principal
only, show the mailing address of each such owner.
~)
That the owner of any of the
bonds of this issue may have such bonds registered in his
name on such books and such registration shall be noted on
each such bond by the Registrar, who shall be the then duly
qualified and acting City Treasurer of said City. The Reg-
istered owner, or his duly authorized attorney or legal
representative, of any such bonds registered as to principal
-17-
only, shall have the right to have the same discharged
from registry and made payable to bearer, in which case
transferability by delivery shall be restored, and
thereafter the principal of said bond, when due, shall
be payable to the person presenting the bond for payment.
Any such bond made payable to bearer may be registered
again in the name of the owner with the same effect as
on the first registration thereof. Successive registra-
tions and discharges from registration, as aforesaid, may
be made from time to time as desired. Registration as to
principal on said bonds shall not affect the negotiability
of the coupons appertaining thereto but title to each
such coupon shall continue to pass by delivery and it
shall remain payable to tearer.
(c) Such registrations and discharges
from registration shall be made under such reasonable
regulations as the City Council of the City of Schertz,
Texas, may prescribe and for which the said City Council
may make a sufficient charge to reimburse it for any tax
or governmental charge required with respect thereto,
all such charges to be paid by the party requesting such
registration or discharge from registry as a condition
precedent to the exercise of such privilege.
(d) No transfer of any of the bonds
registered as to principal only shall be vali~ unless
made on said books at the request of the registered
owner, or by his duly authorized attorney or legal re-
presentative, and such registration noted on such bond.
Upon presentation to the Registrar of any of the regis-
tered bonds as to principal, accompanied by written
instrument of transfer in the form approved by the
Registrar, executed by the registered owner thereof, or
-18-
by his duly authorized attorney or legal representative, such
bond shall be transferred upon such books.
(e) The said City and the places of
payment named herein for the payment of the bonds hereby issued
may treat the bearer of any of the bonds issued hereunder,
which shall not be registered as to principal, and may treat
the bearer of any coupons appertaining to any of the bonds
issued hereunder, whether or not such bonds shall be so regis-
tered as to principal only, as the absolute owner of such bond
or coupon, as the case may be, for the purpose of receiving
payment of or on account of, said bond or coupon and for all
other purposes, and neither the said City nor the said places
of payment shall be affected by any notice to the contrary.
(f) The said City and the Registrar
of said bonds shall treat the person in whose name any of the
bonds shall be registered as the absolute owner thereof, for
the purpose of receiving payment of, or on account of, the
principal of such bonds and for all other purposes, except to
receive payment of interest represented by outstanding coupons,
and neither the said City nor the said places of payment shall
be affected by any notice to the contrary.
SECTION 12 - SEWER SYSTEM TAX BOND AND INTEREST
SINKING FUND:
(a) That there shall be, and there is
hereby, established and created a separate and special fund
and bank account to be known as "SEWER SYSTEM TAX BOND AND
INTEREST SINKING FUND", which is hereby created for the bonds
authorized hereby. Said fund hereby established shall be
maintained at all times in a bank which is a member of the
-19-
Federal Deposit Insurance Corporation. The City Treasurer
of said City, as soon as received by him, shall pay into
said SEWER SYSTEM TAX BOND AND INTEREST SINKING FUND all
collections from the ad valorem tax levied pursuant to the
provisions of Section 13 hereof, to pay principal and inter-
est on the CITY OF SCHERTZ SEWER SYSTEM BONDS, SERIES 1962,
authorized hereby. Any surplus from the levy shall be re-
tained as a reserve in said bond and interest sinking fund
to service such indebtedness. The said City Treasurer, as
soon as received by him, shall also pay into said fund all
accrued interest received from the sale of the bonds herein
authorized. Said bond and interest sinking fund shall be used
for no purpose other than for the payment, redemption and
retirement of the bonds and interest thereon as specified
by the terms and provisions of this ordinance.
(b) That the FROST NATIONAL BANK,
San Antonio, Texas, being a bank that is a member of the Fed-
eral Deposit Insurance Corporation, is hereby designated cus-
todian of the SEWER SYSTEM TAX BOND AND INTEREST SINKING FUND
and all sums of money provided to be transferred into or paid
into said SEWER SYSTEM TAX BOND AND INTEREST SINKING FUND
under the provisions of this ordinance shall be placed to the
credit of said fund with said bank; provided, however, that
said bank shall at all times, as a condition precedent to being
custodian of such fund, be a member of the Federal Deposit
Insurance Corporation. So long as any of the bonds are out-
standing the City covenants and warrants that said SEWER SYSTEM
TAX BOND AND INTEREST SINKING FUND will be maintained in a
bank which is a member of the Federal Deposit Insurance Cor-
poration; and in the event the said Frost National Bank, San
Antonio, Texas ceases to be a member of the Federal Deposit
Insurance Corporation, and only in that event, the said SEWER
SYSTEM TAX BOND AND INTEREST SINKING FUND shall be transferred
from said bank and placed on deposit in a bank which is a
member of the Federal Deposit Insurance Corporation.
-20-
SECTION 13 -
TAX LEVY:
That while said bonds, or any of them, or any in-
terest thereon, remain outstanding and unpaid, there shall
be annually levied, assessed and collected in due time,
form and manner, a tax upon all taxable property in the City
of Schertz, Texas, sufficient to pay the current interest on
said bonds and to create a sinking fund to pay each insta1-
ment of principal as the same becomes due, or a sinking fund
of two percent (2%), whichever is greater, as required by
Article 11, Section 7, of the Constitution of the State of
Texas; and to pay the interest on said bonds for the first
year, and to create and provide a sinking fund, as required
by law, with which to pay the principal as the same becomes
due, there is hereby levied for the current year, the same
being for the year 1962, a tax of and at the rate of sixty-
nine cents ($0.69) on each one hundred dollars ($100) assessed
-
valuation of 'all taxable property in the City of Schertz,
Texas, and same shall be assessed and collected and applied
to the purpose named; and there shall be, and there is
hereby levied for each succeeding year thereafter, while said
bonds, or any of them, or any interest thereon, are outstand-
ing, a tax on each one hundred dollars ($100) assessed valu-
ation of all taxable property in said City at a rate from
year to year, as will be ample and sufficient to provide
funds to pay the current interest on said bonds and to pay
each instalment of principal as the same becomes due, or a
sinking fund of two percent (2%), whichever is greater, full
allowance being made for delinquencies and costs of collec-
tion, and said tax, hereby levied, shall be assessed and
collected for each of said years while said bonds, or any
of them, or any interest thereon, are outstanding, and shall
be applied to the payment of the interest on said bonds and
the principal thereof at maturity, and for no other purpose.
-21-
That the City Council of said City hereby declares
that it is its purpose and intent to hereby provide and to
levy a tax which is legal and fully sufficient for such
bonds; and it has determined that there exists available
taxing power and authority in said City for such purpose,
which is.adequate to permit the levy of a legally sufficient
tax therefor, taking into consideration all other outstand-
ing obligations of said City.
SECTION 14 - MAYOR TO HAVE CHARGE OF RECORDS AND
BONDS:
That the Mayor of the City of Schertz, Texas, is
hereby authorized to take and have charge of all necessary
records pending investigation by the Attorney General, and
shall take and have charge and control of the bonds herein
authorized pending approval of said bonds by the Attorney
General and registration by the COmptroller of Public Accounts.
SECTION 15 -
DELIVER BONDS:
AUTHORITY TO STATE COMPTROLLER TO
That, after the bonds authorized hereby have been
registered by the Comptroller of Public Accounts of Texas,
said Comptroller is hereby authorized to deliver said
bonds to the FROST NATIONAL BANK, San Antonio, Texas (or
its duly authorized agent), where said bonds are to be
taken up and paid for by the purchasers thereof.
PASSED, ADOPTED AND APPROVED this September 6, 1962.
a.-IJ{ a;. Jl j
May"o~ '?Jffi ty 0 f ~~r'Th, Texas
ATTEST: ')
If. it. / A:'/kiG~t
City Secretary - Ci y 0 Schertz
T e x a s
. (Sea.l of City)
-22-
STATE OF TEXAS
COUNTY OF GUADALUPE
CITY OF SCHERTZ
I
I, GEO. W. PICKRELL, City Secretary of the City
of Schertz, Texas, DO HEREBY CERTIFY that the above and
foregoing is a true and correct copy of an ordinance and the
minutes pertaining to its adoption, which ordinance was duly
and legally passed and adopted by the City Council of the
City of Schertz, Texas, and approved by the Mayor of the City
of Schertz, Texas, at a regular meeting held on September 6,
1962, at the regular meeting place in the City Hall in the
City of Schertz, Texas, and that same appears of record in
Book I of the Minutes of said City Council; and that I am
the lawful possessor and custodian of such books and records
of the City of Schertz, Texas.
WITNESS MY HAND AND SEAL OF SAID CITY, this,
September 6, 1962.
, ~
. .,' \
, ,,' ) , :
'-~'I 1- I ~L~' -Hj' ,
City Secre a); - ~y of~chertz
T e x a s
(Seal of City)
-23-
f/L
OFFICIAL ELECTION RETURNS
STATE OF TEXAS
OOUNTY OF GUADALUPE
CITY OF SCHERTZ
I
TO THE CITY COUNCIL OF THE
CITY OF SCHERTZ, TEXAS:
WE, the undersigned officers, holding an election on
SATURDAY, DECEMBER 16, 1961, at the FIRE STATION in the City
of Schertz, Texas, at which election there was submitted to
the qualified resident property taxpaying voters of the City
of Schertz, Texas, who own taxable property in said City and
who had duly rendered the same for taxation, the following
proposi tion:
PROPOSITION
Shall the City Council of the City of Schertz,
Texas, be authorized to issue THREE HUNDRED FIF-
TEEN THOUSAND ($315,000.00) DOLLARS principal
amount of General Obligation Tax Bonds of said
City for the purpose of constructing a sanitary
sewer system in and for said City; said bonds to
mature serially over a period not to exceed
forty (40) years from their date, and to bear
interest at a rate not to exceed five (5%) per
centum per annum, interest payable annually or
semi-annually; and to levy an annual ad valorem
tax on all taxable property in said City suffi-
cient to pay the interest on said bonds and to
create a sinking fund to pay the principal there-
of as the same matures, as authorized and re-
quired by the Constitution and laws of the State
of Texas, including Chapters 1 and 7, Title 22,
Revised Civil Statutes of 1925, as amended?
DO HEREBY CERTIFY that there were cast at said election d.-t /
votes, of which number there were cast:
-1-
."
. .
FOR
THE ISSUANCE OF $315,000
SANITARY SEWER BONDS ,AND THE
LEVY OF THE TAX IN PAYMENT
THEREOF. . . . . . . . . . liB'l) votes
.
THE ISSUANCE OF $315,000.00
SANITARY SEWER BONDS AND THE
LEVY OF THE TAX IN PAYMENT
THEREOF . . . .. .... 39 votes
AGAINST
We enclose herewith poll list and tally sheet of said
election.
WITNESS OUR HANDS this 16th day of December, 1961.
1.~ ~~ Presiding Judge
'7Y)/l-<J ) CJ.r~ ~/.JO/l.t"d~'.Assistant Judge
(J 7
~AAQJ~~/ Clerk
f1)~~ 1J~ () Clerk
-2-
OFFICIAL BID FORM
May 3, 1983
Honorable Mayor and
Members of the City Council
City of Schertz
Schertz. Texas 78154
Gentlemen:
Reference is made to your "Official Notice of Salen and "Official Statementll, dated March 15,
1983, of $1,250,000 City of Schertz, Texas, Combination Tax and Revenue Certificates of
Obligation, Series 1983, both of which constitute a part hereof.
For your legally issued Certificates of Obligation, we will pay you par and accrued interest
from date of issue to date of delivery to us, plus a cash premium of $ _~_ for
Certificates maturing and bearing interest as follows:
May 1, 1984
May 1, 1985
May 1, 1986
May 1, 1987
May 1, 1988
May 1, 1989
1 L.-ih.L.%
10.\)\) %
lU.;c'C' %
'10.0(: %
10. en %
lc.:~0(!_%
May 1, 1990
May 1, 1991
May 1. 1992
May 1, 1993
May 1, 1994
May 1, 1995
1G. ell! %
C.75 %
~~
l ".", %
f .t:-D %
~: .GO %
S.Ft; %
May 1, 1996
May 1, 1997
May-I, 1998
May 1. 1999
May 1. 2000
May 1. 2001
q,; %
;;.JO~
.:1.1':: %
~!. 2fl %
--
9.2~~
t.:. "1,
~_J.
Interest cost, in accordance with the above bid, is:
NET INTEREST COST
EFFECTIVE INTEREST RATE
$ ] ~44.J-:ii..2S :'1[1
$ <i-
$ 1./1L:J~~2:=-!.......JlO
J.1131(~ %
Gross Interest Cost
Less: Premium
Cashier's Check of the Fir(;t Citv "',qtinn;~l ~~ !'1:lk Bank, t.p~1~T0;'~___.
in the amount of $25,000.00, which represents our Good Faith Deposit, is attached heretO} or
(has been made available to you prior to the opening of the bid) and is submitted by us in
accordance with the terms as set forth in the "0fficial Notice of Sale". Upon delivery of the
Certificates, said check will be applied on the purchase price.
We agree to accept delivery of and make payment for the Certificates at the First City National
Bank of Austin, Austin, Texas, when tendered for delivery, pursuant to the terms set forth in
the "Official Notice of Salell.
Respectfully submitted;
Lr.tF.:r'..roc,:, ::puh=-ltlS ,. rn
Tr.r
~:'i ~.: 'j:',"'" t")~,;'lh"'. 'v
rr'
r l~.....
Cm.JPli ~. r:rn'~rtny
Texas /'1'E.ri can ;:'anUFt. Urrth
, ,
',.: .
ACCEPTED this 3rd day of May.
I' .Authq.r:ize Representative
OV ,t'e ,cr
1983 by order of the City Council of the City of S
By
ATTEST:
rr
Texas.
of Good Faith Check is hereby acknowledged: Firm:
8y:
BOND YEARS
$1,250,000
CITY OF SCHERTZ, TEXAS
(Guadalupe, Bexar and Comal Counties)
COMBINATION TAX AND REVENUE
CERTIFICATES OF OBLIGATION
SERIES 1983
Dated: May I, 1983
Due: May 1
Bond Years
Year Amount Bond Years Bond Years Year
1984 $25,000 25 25 1984
1985 25,000 50 75 1985
1986 30,000 90 165 1986
1987 35,000 140 305 1987
1988 35,000 175 480 1988
1989 35,000 210 690 1989
1990 40 , 000 280 970 1990
1991 45 , 000 360 1,330 1991
1992 55,000 495 1,825 1992
1993 55,000 550 2,375 1993
1994 60,000 660 3,035 1994
1995 65,000 780 3,815 1995
1996 75,000 975 4,790 1996
1997 85,000 1,190 5,980 1997
1998 100,000 1,500 7,480 1998
1999 105,000 1,680 9,160 1999
2000 160,000 2,720 11,880 2000
2001 220,000 3,960 15,840 2001
AVERAGE MATURITY -12.672 YEARS