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HomeMy WebLinkAboutOrdinance - 7250-1976 - "City Of Lubbock, TX, Electric Light And Power System Revenue Bond, 1976" - 05/13/1976ORDINANCE NO. ~ 5 0 AN ORDINANCE by the City Council of the City of Lubbock, Texas, authorizing the issuance of $4,400,000 "CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS, SERIES 1976, 11 dated April 15, 1976, for the purpose of extending or improving, or both, the City1 s Electric Light and Power System, as authorized by the General Laws of the State of Texas, particularly Article 1111, et seq., V.A.T.C.S.; prescribing the form of the bonds and the form of the interest coupons; pledging the net revenues of the City's Electric Light and Power System to the payment of the principal of and interest on said bonds; and enacting provisions incident and relating to the subject and purpose of this ordinance; and declaring an emergency. WHEREAS, at an election held in the City of Lubbock, Texas, on the 12th day of May, 1973, the governing body of the City of Lubbock became authorized and empowered to issue $18,800,000 special obligation bonds for the purpose of extending or improving, or both, the City1 s Electric Light and Power System, said bonds to mature in not to exceed forty (40) years from their date, to be payable solely from and secured by a lien on and pledge of the net revenues of the City's Electric Light and Power System, and to bear interest at any rate or rates as shall b e determined within the discretion of the City Council; and WHEREAS, this City Council now considers it necessary and advisable to proceed with the issuance of $4,400,000 in principal amount of bonds authorized at the election of May 12, 1973 (as a fourth and final installment, $14,400,000 having previously been de livered); and WHEREAS, the bonds herein authorized are to be issued on a parity with the previously issued bonds (hereinafter defined) so as to be equally and ratably secured by a first lien on and pledge of the net revenues of the City's Electric Light and Power System; and WHEREAS, this City Council finds and determines: (1) that the Mayor and City Treasurer have certified that the City is not in default as to any covenant, condition or obligation prescribed by the ordinances authorizing the issuance of the outstanding bonds, including showings that all interest, sinking and reserve funds provided for have been fully maintained in accordance with the provisions of said ordinances; (2) that the City has secured from an independent Certified Public Accountant his written report demonstrating that the net revenues of the System were, during the last completed fiscal year, or during any consecutive twelve (12) month period of the last fifteen (15) consecutive months prior to the month of adoption of the ordinance authorizing the additional parity bonds, equal to at least one and one-half (1-1/2) times the average annual principal and interest requirements of all the bonds which will be secured by a first lien on and pledge of the net revenues of the System and which will be outstanding upon the issu- ance of the additional parity bonds; and further demonstrating that for the same period as is employed in arriving at the aforementioned test said net revenues were equal to at least one and one-fifth (1-1/5) times the maximum annual principal and interest requirements of all such bonds as will be outstanding upon the issuance of the additional parity bonds; and WHEREAS, the City Council has found and hereby declares that there is an urgent public necessity that it proceed with the issu- ance of such revenue bonds for the purpose of providing funds for . extending or improving, or both, the City1 s Electric Light and Power System, at the earliest possible date and that this ordinance con- stitutes an emergency measure for the immediate preservation of the public peace, property, health and safety of the City and its inhabitants; now, therefore, BE IT ORDAINED BY THE CITY CO~NCIL OF THE CI1Y OF LUBBOCK: SECTION 1: Authorization -Principal Amount -Designation. That in order to borrow the said sum of FOUR MILLION FOUR HUNDRED THOUSAND DOLLARS ($4,400,000) for the purpose of extending or im- proving or both, the City's Electric Light and Power System, the City Council of the City of Lubbock, Texas, by virtue of the au- thority expressly conferred at the aforesaid election and pursuant to the General Laws of the State of Texas, particularly Article 1111 et seq., has determined that there shall be issued and there is hereby ordered to be issued a series of coupon bonds, to be designated 11CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS, SERIES 1976," aggregating in principal amount the sum of FOUR MILLION FOUR HUNDRED THOUSAND DOLLARS ($4,400,000), which said series of bonds, together with the outstanding and un- paid previously issued bonds (as herein defined) shall be payable as to both principal and interest solely from and equally secured by a first lien on and pledge of the net revenues of the City's Electric Light and Power System. SECTION 2: Date -Numbers -Maturity. Said bonds shall be dated April 15, 1976, shall be numbered consecutively from One (1) through Eight Hundred Eighty (880); shall each be in the denomi- nation of Five Thousand Dollars ($5,000), aggregating the prin- cipal sum of FOUR MILLION FOUR HUNDRED THOUSAND DOLLARS ($4,400,000); and shall bear interest and become due and payable serially on · April 15 in each of the years in accordance with the following schedule: ,' BOND NUMBERS (All Inclusive) MATURITY AMOUNT RATE 1 to 44 1978 220,000 6.25 % 45 to 88 1979 220,000 6.25 % 89 to 132 1980 220,000 6.25 % 133 to 176 1981 220,000 6.25 % 177 to 220 1982 220,000 6.25 % 221 to 264 1983 220,000 6.25 % 265 to 308 1984 220,000 6.25 % 309 to 352 1985 220,000 6.25 % 353 to 396 1986 220,000 6.25 % 397 to 440 1987 220,000 6.25 % 441 to 484 1988 220,000 6.25 % 485 to 528 1989 220,000 6.25 % 529 to 572 1990 220,000 6.25 % 573 to 616 1991 220,000 6.25 % 617 to 660 1992 220,000 6!25 % 661 to 704 1993 220,000 6i25 % 705 to 748 1994 220,000 6i25 % 749 to 792 1995 220,000 6.25 % 793 to 836 1996 220,000 6.25 % 837 to 880 1997 220,000 6.25 % PROVIDED, HOWEVER, that the City of Lubbock, Texas, reserves the right to redeem bonds maturing in each of the years 1988 through 1997, of said series, in whole or any part thereof, on April 15, 1987, or on any interest payment date thereafter, at the price of par and accrued interest to the date fixed for redemption plus a premium of 5% of the principal amount of all bonds called for re- demption on April 15, 1987, such premium reducing 1% for bonds called for redemption in each year thereafter until April 15, 1992, on and after which date said bonds shall be optional at the price of par and accrued interest; and PROVIDED, FURTHER, that at least thirty (30) days prior to any interest payment date upon which any of said bonds are to be redeemed, notice of redemption signed by the City Secretary-Treasurer of said City (specifying the serial numbers and amount of bonds to be redeemed) shall have been filed with the FIRST NATIONAL CI'IY BANK, New York, New York, and with the TEXAS CO:MMERCE BANK, NATIONAL ASSOCIATION, Lubbock, Texas (the paying agents named in each of said bonds). Should any bond or bonds not be presented for redemption pursuant to such notice, and if by the date so fixed for redemption the City shall have made available funds in amounts sufficient to pay the bonds and accrued interest thereon to the date of redemption, pursuant to such notice, the same shall cease to bear interest from and after the date so fixed for redemption. SECTION 3: Interest. That said bonds shall bear interest from date to maturity at the rate or rates shown in the above schedule, such interest to be evidenced by proper coupons attached to each of said bonds; and said interest shall be payable on October 15, 1976, and semiannually thereafter on April 15 and October 15 in each year. SECTION 4: Places of Payment. Both principal of and interest on this issue of bonds shall be payable in lawful money of the United States of America, without exchange or collection charges to the owner or holder, at the FIRST NATIONAL CITY BANK, New York, New York, or, at the option of the holder, at the TEXAS COMMERCE BANK, NATIONAL ASSOCIATION, Lubbock, Texas, upon presentation and surrender of bonds or proper coupons. SECTION 5: Execution of Bonds and Coupons. The seal of said City may be impressed on each of said bonds or, in the alternative, a facsimile of such seal may be printed on the said bonds. The bonds and interest coupons appurtenant thereto may be executed by the imprinted facsimile signatures of the Mayor and City Secretary of the City and execution in such manner shall have the same effect as if such bonds and coupons had been signed by the Mayor and City Secretary in person by their manual signatures. Inasmuch as such bonds are required to be registered by the Comptroller of Public Accounts for the State of Texas, only his signature (or that of a deputy designated in writing to act for the Comptroller) shall be required to be manually subscribed to such bonds in connection with his registration certificate to appear thereon, as hereinafter pro- vided; all in accordance with the provisions of Article 717j-l, V.A.T.C.S. SECTION 6: Form of Bonds. That the form of said bonds shall be substantially as follows: NO. __ _ UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE BOND, SERIES 1976 $5,000 FOR VALUE RECEIVED, the City of Lubbock, a municipal corpora- tion of the State of Texas, hereby acknowledges itself indebted to and promises to pay to bearer, as hereinafter stated, on the 15th day of Aµril, 19 , the sum of FIVE THOUSAND DOLLARS ($5,000), in lawful money of the United States of America, with interest thereon from the date hereof to maturity at the rate of PER CENTUM ( _____ %) per annum, payable on October 15, 1976, and semiannually thereafter on April 15 and October 15 in each year, and interest falling due on or prior to maturity hereof is payable only upon presenation and surrender of the interest coupons hereto attached as they severally become due. BOTH PRINCIPAL OF and interest on this bond are hereby made payable at the FIRST NATIONAL CITY BANK, New York, New York, or at the option of the holder, at the TEXAS COMMERCE BANK, NATIONAL ASSOCIATION, Lubbock, Texas, without exchange or collection charges to the owner or holder, and the said City of Lubbock, Texas, is hereby held and firmly bound to apply the pledged appropriated net revenues of its Electric Light and Power System to the prompt payment of principal of and interest on this bond at maturity, and to pay said ~rincipal and interest as they mature. THIS BOND is one of a series of bonds aggregating in amount FOUR MILLION FOUR HUNDRED THOUSAND DOLLARS ($4,400,000), numbered consecutively from One (1) through Eight Hundred Eighty (880), each in denomination of Five Thousand Dollars ($5,000), issued for the purpose of extending or improving, or both, the City's Electric Light and Power System, in accordance with the Constitution and laws of the State of Texas, particularly Article 1111 et seq., V.A.T.C.S., and by authority expressly conferred at an election held for that purpose within said City, and pursuant to the Charter ,of said City and an ordinance passed by the City Council of the City of Lubbock, Texas, and duly recorded in the Minutes of said City Council. AS SPECIFIED in the ordinance hereinabove mentioned, the City reserves the right to redeem the bonds of this series maturing in each of the years 1988 through 1997, of said series, in whole or any part thereof, on April 15, 1987, or on any interest payment date thereafter, at the price of par and accrued interest to the date fixed for redemption plus a premium of 5% of the principal amount of all bonds called for redemption on April 15, 1987, such premium reducing 1% for bonds called for redemption in each year thereafter until April 15, 1992, on and after which date said bonds shall be optional at the price of par and accrued interest; and PROVIDED, HOWEVER, that at least thirty (30) days prior to any in- terest payment date upon which any of said bonds are to be redeemed, notice of redemption signed by the City Secretary-Treasurer of said City (specifying the serial numbers and amount of bonds to be re- deemed) shall have been filed with the FIRST NATIONAL CITIBANK, New York, New York, and with the TEXAS COMMERCE BANK, NATIONAL ASSO~ CIATION. Lubbock, Texas. Should any bond or bonds not be presen~ed for_redemption pursuant to such notice, and if by the date so fixed for redemption the_ City shall have made available funds in amounts sufficient to pay the bonds and accrued· interest thereon to the date of redemption, pursuant to such notice, the same shall cease to bear interest from and after the date so fixed for redemption. THE DATE of this bond in conformity with the ordinance above mentioned is April 15, 1976. THIS BOND and the series of which it is a part constitute special obligations of the City of Lubbock, Texas, and, together with the outstanding and unpaid previously issued bonds (as defined in the ordinance authorizing the ser-ies of bonds of which this is one), are payable solely from and equally secured by a first lien on and pledge of the net revenues of the City's Electric·Light and Power System. THE CITY, however, expressly reserves the right to issue further and additional revenue bond obligations, in all things on a parity with the outstanding previously issued bonds and the bonds of this series and payable solely from and equally secured by a first lien on and pledge of the net revenues of the City's Electric Light and Power System; PROVIDED, HOWEVER, that any and all such additional parity bonds may be so issued only in accord- ance with and subject to the covenants, conditions , limitations and restrictions relating thereto which are set out and contained in the ordinance authorizing this series and to which said ordi- nance reference is hereby made for more complete and full particulars. 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. AND IT IS HEREBY CERTIFIED AND RECITED that the issuance of this bond, and the series of which it is a part, is duly authorized by law; that all acts, conditions and things required to exist and to be done precedent to and in the issuance of this bond to render the same lawful and valid have been properly done, have happened and have been performed in regular and due time, form and manner as required by the Constitution and laws of the State of Texas and the ordinance hereinabove mentioned; that this series of revenue bonds does not exceed any constitutional or statutory limitation; and that provision has been made for the payment of the principal of and interest on this bond and the series of which it is a part by irrevocably pledging the net revenues of the Electric Light and Power System of the City of Lubbock, Texas. IN TESTIMONY WHEREOF, the City Council of the City of Lubbock, Texas, in accordance with the provisions of Article 717j-l, V.A.T.C,S., has caused the seal of said City to be impressed or a facsimile thereof to be printed hereon, and this bond and its appurtenant coupons to be executed with the imprinted facsimile signatures of the Mayor and City Secretary of said City, as of the 15th day of April, 1976. Mayor, City of Lubbock, Texas COUNTERSIGNED: City Secretary, City of Lubbock, Texas SECTION 7: Coupon Form. The form of said interest coupons shall be substantially as follows: NO. __ _ ON THE 15TH DAY OF , -----19 __ , $ __ _ *(unless the bond to which this coupon pertains has been properly called for redemption in accordance with its terms,) the CITY OF LUBBOCK, a municipal corporation of the State of Texas, hereby promises to pay to bearer, out of funds specified in the bond to which this coupon is attached (without right to demand payment out of any funds raised or to be raised by taxa- tion), and in lawful money of the United States of America, with- out exchange or collection charges to the owner or holder, at the FIRST NATIONAL CITY BANK, New York, New York, or, at the option of the holder, at the TEXAS COMMERCE BANK, NATIONAL ASSOCIATION, Lubbock, Texas, the sum of _________ DOLLARS ($ ____ ), said sum being ____ months' interest due that day on 11CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE BOND, SERIES 1976, 11 dated April 15, 1976. Bond No. _, . City Secretary Mayor SECTION 8: Form of Comptrollc-·r's Certificate. Substantially the following shall be printed on the back of each bond: OFFICE OF COMPTROLLER STATE OF TEXAS § § § REGISTER NO. I HEREBY CERTIFY that there is on file and of record in my office a certificate of the Attorney General of the State of Texas to the effect that this bond has been examined by him as required by law, and that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas, and that it is a valid and binding special obligation of the City of Lubbock, Texas, payable from the revenues pledged to its payment by and in the ordinance authorizing same, and said bond has this day been registered by me. WITNESS MY HAND AND SEAL OF OFFICE at Austin, Texas, Comptroller of Public Accounts of the state of Texas SECTION 9: Definitions. For all purposes of this ordinance and in particular for clarity with respect to the issuance of the bonds herein authorized and the pledge and appropriation of reve- nues therefor, the following definitions are provided: *NOTE TO PRINTER: The expression in parentheses to be included only in coupons maturing October 15, 1992 and subsequent pertaining to optional bonds maturing in the years 1988 through 1997. (a) The term "System11 shall mean all properties real, personal, mixed or otherwise, now owned or here- after acquired by the City of Lubbock through purchase, construction or otherwise, and used in connection with the City's Electric Light and Power System and in anywise appertaining thereto, whether situated within or without the limits of the City. (b) The term "net revenues" shall mean the gross revenues of the City's Electric Light and Power System less the expense of operation and maintenance. Such expense of operation and maintenance shall not include deprec iation charges or funds pledged for the bonds, previously issued bonds and for additional parity bonds hereafter authorized, but shall include all salaries, labor, materials, repairs, extensions necessary to render services; provided, however, that in determining "net reve- nues," only such repairs and extensions as in the judgment of the City Council, reasonably and fairly exercised are necessary to keep the System in operation and render ade- quate service to the City and inhabitants thereof, or such as might be necessary to remedy some physical defect which otherwise would impair the security of the bonds, previously issued bonds, or additional parity bonds permitted to be issued under Section 19 hereof, shall be deducted. (c) The term 11bonds11 whenever same appears in this ordinance without any qualifying language, shall mean the revenue bonds authorized by this ordinance. (d) The term 11previously issued bonds" shall mean the outstanding and unpaid bonds designated "CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS," further identified by Series and dates as follows: (1) Series 1964, dated March 15, 1964, in the original principal amount of $4,500,000; (2) Series 1965, dated March 15, 1965, in the original principal amount of $3,000,000; (3) Series 1973, dated July 15, 1973, in the original principal amount of $6,000,000; (4) Series 1975, dated March 15, 1975, in the original principal amount of $6,400,000; and (5) Series 1975-A, dated September 15, 1975, in the original principal amount of $2,000,000. (e) The term "additional bonds" or "additional parity bonds" shall mean those bonds which the City reserves the right to issue under the provisions of Section 19 hereof. '. (f) The term "bonds similarly secured11 shall mean the previously issue bonds, the bonds and the additional bonds at the time outstanding. SECTION 10: Pledge. The City of Lubbock covenants, reaffirms and agrees that all of the net revenues of the System are hereby irrevocably pledged equally for the payment of principal of and interest on the bonds, previously issued bonds and additional parity bonds, if issued under the coalitions and in the manner specified in this ordinance, all of which shall constitute a first lien on and pledge of the net revenues of the System. SECTION 11: Rates and Charges. The City of Lubbock cove- nants, reaffirms and agrees that so long as any of the revenue bonds and coupons authorized herein, and any of the previously issued bonds and couppns remain outstanding and unpaid, it shall fix and maintain rates and collect charges for the facilities and services afforded by its Electric Light and Power System, which will produce income and revenues sufficient at all times to: (1) Pay all necessary operation, maintenance and betterment charges and expenses of the System; (2) Establish and fully maintain the 11Bond Fund'' including the rese rve portion thereof for the bonds herein authorized, the previously issued bonds and for any additional parity bonds hereafter issued in accord- ance with the provisions hereof: (3) Pay the requirements of all other lawful obli- gations and indebtedness of the System chargeable against the System, as and when the same shall accrue and become due. SECTION 12: System Fund. All receipts, revenues and income of every nature in any manner derived from ownership and operation of the System shall constitute a separate and sacred fund which in no event shall be diverted or drawn upon except under the provisions and for the purposes herein prescribed. All such receipts, revenues and income shall be paid over and deposited with the City's depository within twenty-four (24) hours after collection. The account to which said Fund shall be deposited shall be known as the ELECTRIC LIGHT AND POWER SYSTEM FUND (here- inafter referred to as the "System Fund") to be kept separate and part from all other City funds or accounts. Specifically as related to the bonds herein authorized and the previously issued bonds, the System Fund shall be and is hereby pledged and shall be devoted and applied to the purposes enumerated in Section 13 following and in the order of precedence shown therein. SECTION 13: Flow of System Fund. All moneys paid over and deposited in the System Fund as provided in Section 12 above shall be pledged, appropriated and employed as follows: (1) For able expenses are set forth definition of the payment of those necessary and reason- of operating and maintaining the System as in Section 9(b) hereof relating to the "net revenues" and ' (2) To the "Special Electric Light and Power System Revenue Bond Retirement and Reserve Fund" (hereinafter referred to as the 11Bond Fund") heretofore created and hereby reaffirmed for the bonds, previously issued bonds and such additional parity bonds as may hereafter be issued under the provisions of Section 19 hereof. Said Bond Fund shall be used for no purpose other than for the pay- ment, redemption and retirement of such bonds and the interest thereon in accordance with the terms and provi- sions of the ordinances authorizing their issuance. All funds received from the purchasers of such bonds as ac- crued interest thereon shall be placed in the Bond Fund. The City covenants, reaffirms and agrees to provide the Bond Fund with all amounts requi red to pay as due, each of the principal and interest installments pertaining to all bonds, previously issued bonds and additional parity bonds, and that in addition thereto said Bond Fund shall contain a Reserve Portion. Said Reserve Portion of the Bond_ Fund presently contains the amount of $ J,o?o, l?:J ,?""J.. (which amount is the sum required to be on deposit therein by the provisions of the ordinances authorizing the pre- viously issued bonds). On or before the 1st day of June, 1976, and on or before the first day of each month thereafter, the City shall deposit into the reserve fund portion of the Bond Fund the additional amount of $9,525 (which includes the amount required to be deposited monthly by the ordinances authorizing the previously issued bonds) and such monthly deposit shall continue to be made until the Reserve Por- tion of the Bond Fund contains the sum of $1,625,000 (which includes the amounts required to be deposited in said reserve by the provisions of the ordinances author- izing the previously issued bonds) in cash and book value of investment securities, such total amount being not less than the average annual principal and interest re- quirements of all series of bonds which are secured by a first lien on and pledge of the net revenues of the System and which are to be outstanding after the issu- ance of the bonds herein authorized. Said Reserve Portion shall be made available for and seasonably employed in meeting the requirements of the Bond Fund if need be, and if any amount thereof is so employed, said Reserve Portion shall be supplemented out of the first System Funds available therefor to such extent as will, as rapidly as possible, fully restore same to the sum of $1,625,000. The ordinances of the City Council authorizing any series of additional parity bonds shall make due provision for supplementing, if necessary, the Reserve Portion of the Bond Fund so that same shall be accumu- lated and maintained in an amount equal to not less than the average annual principal and interest require- ments of all series of bonds then to be secured by a first lien on and pledge of the net revenues of the System and which will be outstanding upon the issuance of any series of additional parity bonds. SECTION 14: Method of Providing Amounts for Principal and Semiannual Interest Requirements of the Bonds. Immediately following the delivery of the bonds herein authorized and on or before each May 1 and November 1 foliowing such delivery the City Treasurer shall calculate the amount of money which is re- quired to pay the interest on the bonds on the next· succeeding interest payment date herein authorized and cause such amount to be deposited in the Bond Fund in equal monthly installments. Immediately following the delivery of the bonds herein author- ized and on or before the first day of each May following such delivery the City Treasurer shall calculate the amount of money which is required to pay any principal of the bonds herein au- thorized which is scheduled to mature within 12 months and cause such amount to be deposited in the Bond Fund in equal monthly installments. Such amounts, as determined to be required, shall be withdrawn from the System Fund on or before the first day of each month, except that the initial deposit following the de- livery of bonds shall be made as soon as possible following such delivery of bonds. The deposits required to be made (by the provisions of this Section) are in addition to the amounts re- quired to be paid into said Bond Fund for the purpose of paying the principal of and interest on the previously issued bonds as prescribed by the ordinance authorizing their issuance. In the event the income and revenues of the System are insufficient in any month to permit the required deposits into the Bond Fund in accordance with the provisions hereof or if for any other reason the City shall fail to make the required deposits into the Bond Fund (including the Reserve Portion if same has become depleted), the amount of such deficiencies shall be made up as promptly as available System Funds will permit. SECTION 15: Surplus Revenues. After all requirements of Section 13(1) and (2) hereof have been satisfied and all similar requirements of any additional parity bonds hereafter issued and after all deficiencies existing in such requirements have been remedied, surplus revenues of the System may be used for any other proper City purposes now or hereafter permitted by General Law, including the use thereof for retiring in advance of maturity any such bonds or additional parity bonds by purchase on the open market at not exceeding the market value thereof. Nothing herein shall be construed, however, as impairing the right of the City to pay, in accordance with the provisions thereof, any junior lien bonds legally issued by it. SECTION 16: Security for Electric Light and Power System Bond Fund. All funds herein provided for the Bond Fund hereto- fore established and her ein reaffirmed shall be k~pt separate and apart from all other City funds and shall be continuously secured by a valid pledge of direct obligations of, or obligations uncon- ditionally guaranteed by the United States of America, having a par value, or market value when less than par, exclusive of accrued interest, at all times at least equal to the amount of money to be deposited in said Fund. All sums deposited in said Bond Fund shall be held as a trust fund for the benefit of the holders of the bonds herein authorized and the previously issued bonds, the beneficial interest in which shall be regarded as existing in such holders. To the extent that money in the Reserve Portion of the Bond Fund is invested under the provisions of Section 18 hereof, such security is not required. SECTION 17: Custodian of Bond Fund. The custodian of the Bond Fund shall be the City's official depository bank, and all deposits prescribed shall be placed in said Fund with said custodian bank. Prior to each interest and principal maturity date, it shall be the duty of the City Treasurer to withdraw from said Fund and place with the paying agent banks money in such amounts as will be fully sufficient to pay and at such times as will permit prompt payment of each interest and principal install- ment. SECTION 18: Investment of Reserve Portion of Bond Fund. The custodian bank shall, when authorized by the City Council, invest the Reserve Portion of the Bond Fund in direct obligations of, or obligations guaranteed by the United States of America, or invested in direct obligations of the Federal Intermediate Credit Banks, Federal Land Banks, Federal National Mortgage Association, Federal Home Loan Banks or Banks for Cooperatives, and which such investment obligations must mature or be subject to redemption at the option of the holder, within not to exceed ten years from the date of making the investment. Such obligations shall be held by the depository impressed with the same trust for the benefit of the bondholders as the Bond Fund itself, and if at any time uninvested funds shall be insufficient to permit payment of principal and interest maturities herein authorized as herein directed, the said depository shall sell on the open market such amount of the securi- ties as is required to pay said bonds and interest when due and shall give notice thereof to the City Treasurer. All moneys re- sulting from maturity of principal and interest of the securities in which the reserve funds are invested shall be reinvested or accumulated in said Reserve Portion of said Bond Fund and con- sidered a part thereof and used for and only for the purposes hereinabove provided with respect to said reserve, provided that when the full amount required to be accumulated in the Reserve Portion of the Bond Fund (being the amounts required to be accumu- lated by the ordinances authorizing the bonds similarly secured), any interest increment may be used in the Bond Fund to reduce the payments that would otherwise be required to pay the debt service requirements on bonds similarly secured. SECTION 19: Issuance of Additional Parity Bonds. In addi- tion to the right to issue bonds of inferior lien as authorized by the laws of the State of Texas, the City of Lubbock reserves the right to issue additional revenue bonds payable from the net income and revenues of the System, and when issued in compliance with law and the terms and conditions hereinafter appearing, such additional bonds shall occupy a position of parity with and shall be equally and ratably secured by a first lien on and pledge of the net revenues of the System to the same extent as the series of bonds authorized by this ordinance and the previously issued bonds. The City hereby covenants, reaffirms and agrees that no additional bonds or other obligations payable from the net reve- nues of its Electric Light and Power System shall be issued on a parity with the series of bonds herein authorized and with the previously issued bonds, unless and until the following conditions have been met: (a) That the Mayor and City Treasurer have certi- fied that the City is not then in default as to any cove- nant, condition or obligation prescribed by this ordinance, the ordinances authorizing the issuance of the previously issued bonds, or any ordinance authorizing the issuance of additional parity bonds then outstanding, including showings that all interest, sinking and reserve funds then provided for have been fully maintained in accordance with the pro- visions of said ordinances; (b) That the applicable laws of the State of Texas in force at the time provide permission and authority for the issuance of such bonds and have been fully complied with; (c) That the City has secured from an independent Certified Public Accountant his written report demonstrating that the net revenues of the System were, during the last completed fiscal year, or during any consecutive twelve (12) months period of the last fifteen (15) consecutive months prior to the month of adoption of the ordinance authorizing the additional parity bonds, equal to at least one and one-half (1-1/2) times the average annual principal and interest requirements of all the bonds which will be secured by a first lien on and pledge of the net revenues of the System and which will be outstanding upon the issuance of the additional parity bonds; and further demonstrating that for the same period as is employed in arriving at the aforementioned test said net revenues were equal to at least one and one-fifth (1-1/5) times the maxi- mum annual principal and interest requirements of ail such bonds as will be outstanding upon the issuance of the addi- tional parity bonds; (d) That the additional parity bonds are made to mature on April 15 or October 15, or both, in each of the years in which they are provided to mature; (e) As hereinabove provided the Reserve Portion of the Bond Fund shall be accumulated and supplemented as necessary to maintain it in a sum which shall be not less than the average annual principal and interest requirements of all bonds secured by a first lien on and pledge of the net revenues of the System which will be outstanding upon the issuance of any series of additional parity bonds. Accordingly, each ordinance authorizing the issuance of any series of additional parity bonds shall provide for any required increase in said Reserve Portion, and if supplementation is necessary to meet all conditions of said Reserve Portion, said ordinances shall make provision that same be supplemented by the required amounts in equal monthly installments over a period of not to exceed sixty (60) calendar months from the dating of such addi- tional parity bonds. When thus issued, such additional parity bonds may be secured by a pledge of the revenues of the City's System on a parity in all things with the pledge securing the issuance of the bonds herein authorized a nu the previously issued bonds. SECTION 20: Maintenance and Operation. The City of Lubbock hereby covenants, reaffirms and agrees that it will maintain the System facilities in good condition and operate the same in an efficient manner and at reasonable costs so long as the bonds, previously issued bonds or the additional parity bonds are out- standing and unpaid. The City further agrees to maintain insur- ance for the benefit of the holder or holders of the bonds of the kinds and in the amounts which are usually carried by private com- panies operating similar properties, and that during such time all policies of insurance shall be maintained in force and kept current as to premium payments. All moneys received from losses under such insurance policies other than public liability policies are hereby pledged as security for the bonds until and unless the proceeds thereof are paid out in making good the loss or damage in respect of which such proceeds are received, either by replacing the property destroyed or repairing the property damages, and ade- quate provisions made within ninety (90) days after the date of the loss for making good such loss or damage. The premiums for all insurance policies required under the provisions of this section shall be considered as maintenance and operation expenses. SECTION 21: Records and Accounts. The City of Lubbock here- by covenants, reaffirms and agrees that so long as any of the bonds herein authorized or the previously issued bonds, or any interest thereon, remain outstanding and unpaid, it will keep and maintain a proper and complete system of books, records and ac- counts pertaining to the operation of the System, separate and apart from all other records and accounts in which complete and correct entries shall be made of all transactions relating to the System as provided by Article 1113, V.A.T.C.S., and that the holder or holders of any of the bonds or any duly authorized . . agent or agents of such holders shall have the right at all reason- able times to inspect all such books, record~, accounts and data relating thereto and to inspect the System and all proper- ties comprising same. The appropriate City officials are hereby instructed and directed to do any and all things necessary or covenient in reference to keeping and maintaining of such books, records and accounts and to make the moneys available for payment of the bonds in the manner provided by the aforementioned statute. The City further agrees that within sixty (60) days following the close of each fiscal year it will cause an audit of its books and accounts to be made by an independent firm of Certified Public Accountants showing the receipts and disbursements for the ac- count of the System for the fiscal year. Each such audit shall, in addition to whatever other matters may be thought proper by the Accountant, particularly include the following: (a) A detailed statement of the income and expen- ditures for account of the System for such fiscal year; (b) A balance sheet as of the end of such fiscal year; (c) The Accountant's comments regarding the manner in which the City has carried out the requirements of this ordinance, and his recommendations for any change or im- provements in the operation, records and accounts of the System; (d) A list of the insurance policies in force at the end of the fiscal year on system properties, setting out as to each policy the amount thereof, the risk covered, the name of the insurer and the policy's expiration date; (e) A statement verifying that the securities herein specified therefor have been on deposit as security for the money in the Electric Light and Power System Bond Fund throughout the fiscal year, and a list of the securi- ties, if any, in which the reserve portion of such Special Fund have been invested; (f) The number of metered and urunetered customers, if any, connected with any department of the System, showing totals at the end of the fiscal year. Expenses incurred in making the audits above required are to be regarded as maintenance and operation expenses and paid as such. Copies of the aforesaid annual audit shall be promptly furnished the original purchasers of the bonds and any subsequent holder at his request, At the close of the first six months 1 period of the fiscal year, the City Manager is directed to furnish a copy of an operating and income statement in reasonable detail covering such period to any bondholder upon his request therefor, received not more than thirty days after the close of said six months' period. Any bondholder shall have the right to discuss with the Accountants making the annJal audit the contents thereof and to ask the City Manager for such additional infonnation as he may reasonably request. ... 0 SECTION 22: Remedies in Event of Default. In addition to all the rights and remedies provided by law by the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in payment of principal or interest on any of the bonds when due, (b) fails to make the payments into the Bond Fund as required by this ordinance, or (c) defaults in the obser- vance or performance of any other of the covenants, conditions or obligations set forth in this ordinance, the following remedies shall be available: (1) The holder or holders of any of the bonds shall be entitled to a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the City Council and other officers of the City to observe and perform any covenants, obligations or con- ditions prescribed in the bond ordinance. (2) No delay or omission to exercise any right or power accruing upon any default shall impair any such power or right or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedies herein provided shall be cumulative of all other existing remedies and the specification of such shall not be deemed to be exclusive. SECTION 23: Sale, Lease or Other Encumbrance of System. The City of Lubbock further covenants, reaffirms, binds and obli- gates itself not to sell, lease or in any manner dispose of the System, its properties, or any part thereof, including any and all extensions and additions that may be made thereto, and it acknowl- edges and accepts restraint from doing so until the bonds and previously issued bonds shall have been paid in full as to both principal and interest at maturity, or under the provisions hereof relating to their redemption prior to maturity, or until other arrangements have been made for continuance of payment of prin- cipal and interest then outstanding for the full retirement thereof; provided, however, that this covenant shall not be construed to prevent the disposal by the City of property which in its judgment has become inexpedient to use in connection with the system when other property of equal value has been substituted therefor. SECTION 24: Further Covenants. The City further covenants, reaffirms and agrees by and through this ordinance as follows: (a) That it has the lawful power to pledge the revenues supporting this issue of bonds and has law• fully exercised said power under the Constitution and laws of the State of Texas, including the powers existing under Articles 1111 through 1118, V.A.T.C.S., and that the bonds, the previously issued bonds and any additional parity bonds issued pursuant to the provi- sions hereof shall be ratably secured in such manner that no one bond of any such issues shall have prefer- ence over any other bond of such issues. .. • .. (b) That the net revenues and income of the System are pledged exclusively to the payment of the bonds, the previously issued bonds and such additional parity bonds as may hereafter be issued pursuant to the provisions hereof; that said net revenues and income have not been pledged in any manner to the payment of any other debt or obligation of the City or the System and other- wise said Sys tem is free and clear of all encumbrances whatsoever. (c) That nothing in this ordinance shall require the City to make any expenditure except from money in the System Fund, but nothing herein shall prohibit the City from doing so at its election. (d) That except under the conditions of this ordi- nance relating to parity bonds, the City will not suffer any indebtedness on a parity or superior to the bonds of this issue and the previously issued bonds to accrue to or against the City or said System~ and that if the System shall become liable for any other indebtedness, the City Council will fix and maintain rates and collect charges for the services afforded by the System entirely suffi- cient to discharge any such indebtedness or obligation. (e) The City will cause to be rendered monthly to each customer receiving electric services a statement therefor and will not accept payment of less than all of any statement so rendered, using its powers under existing ordinances and under all such ordinances to become effective in the future to enforce payment, to withhold service from such delinquent customers and to enforce and author- ize reconnection charges. (f) That the City will faithfully and punctually perform all duties with respect to the System required by the Constitution and laws of the State of Texas, including the making and collecting of reasonable and sufficient rates for services supplied by the System, and the segre- gation and application of the revenues of the System as required by the provisions of this ordinance. SECTION 25: Ordinance to Constitute Contract. That the provisions of this ordinance shall constitute a contract between the City of Lubbock and the holder or holders from time to time of the bonds herein authorized to be issued, and after the issuance of any of said bonds, no change, variation or alteration of any kind of the provisions of this ordinance may be made, unless as herein otherwise provided, until all of the bonds issued here- under shall have been paid as to both principal and interest. SECTION 26: Mayor to Have Charge of Records and Bonds. That the Mayor of said City shall be, and he is hereby authorized to take and have charge of all necessary records and orders pend- ing investigation by the Attorney General of the State of Texas, and shall take and have charge and control of the bonds herein authorized pending their approval by the Attorney General and their registration by the Comptroller of Public Accounts. It shall be the duty of the Mayor (or attorneys acting for the City) to submit the record of said bonds and the bonds to the Attorney General of the State of Texas for approval and thereafter to have the bonds registered by the Comptroller of Public Accounts. SECTION 27: Bonds are Special Obligations. The bonds are special obligations of the City payable from the pledged revenues, and the holders thereof shall never have the right to demand pay- ment thereof out of funds raised or to be raised by taxation. SECTION 28: Bonds as Negotiable Instruments. Each of the bonds herein authorized shall be deemed and construed to be a 11Security," and as such a negotiable instrument, within the meaning of Article 8 of the Uniform Commercial Code. SECTION 29: Printed Legal Opinion on Bonds. The purchasers' obligation to accept delivery of the honds herein authorized is subject to their being furnished a final opinion of Messrs. Dumas, Huguenin, Boothman and Morrow, Attorneys, Dallas, Texas, approving such bonds as to their validity, said opinion to be dated and delivered as of the date of delivery and payment for such bonds. Printing of a true and correct copy of said opinion on the re- verse side of each of such bonds with appropriate certificate pertaining thereto executed by facsimile signature of the City Secretary is hereby approved and authorized. SECTION 30: CUSIP Numbers. CUSIP numbers may be printed on the bonds herein authorized. It is expressly provided, however, that the presence or absence of CUSIP numbers on the bonds shall be of no significance or effect as regards the legality thereof and neither the City nor attorneys approving said bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed on the bonds. SECTION 31: No Arbitrage. That the City hereby covenants that the proceeds from the sale of said bonds will be used as soon as practicable for the purpose for which said bonds are issued; that such proceeds will not be invested in any securities or obli- gations except for the temporary period pending such use; and that such proceeds will not be used directly or indirectly so as to cause all or any part of said bonds to be or become "arbitrage bonds" within the meaning of Section 103(d) of the Internal Reve- nue Code of 1954, as amended, or any regulations or rulings pre- scribed or made pursuant thereto. SECTION 32: Emergency. The public importance of this measure and the fact that it is to the best interest of the City of Lubbock to provide funds for the purpose of extending or im- proving, or both, the City's Electric Light and Power System at the earliest possibl~ date for the immediate preservation of the public peace, property, health and safety of the citizens of said City, constitute and create an emergency and an urgent public necessity requiring that this ordinance be passed to take effect as an emergency measure, and that this ordinance is accordingly passed as an emergency measure and shall take effect and be in force immediately from and after its passage, and it is so ORDAINED. PASSED AND APPROVED this the /;) -P, day of ~/?J_.:......-..... 7-r---' 1976. ~a.u Mayor, City of Lubbock, Texas ATTEST: ~ City of Lubbock, (City Seal)