HomeMy WebLinkAboutOrdinance - 7970-1979 - Authorizing $6,450,000 "City Of Lubbock General Obligation Bonds" 1980 Ed. - 11/29/1979I
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ORDINA~CE NO. 7970
AN ORDINANCE by the City Council of the City of Lubbock,
Texas, authorizing the issuance of $6,450,000 "CITY
OF LUBBOCK, TEXAS, GI;NERAL OBLIGATION BONDS,
SERIES 1980," dated March 1, 1980, for the purpose of
making permanent public improvements, to wit:
$5,082,000 for constructing improvements and exten-
sions to the City's waterworks system; $800,000 for
constructing improvements and extensions to the City's
sanitary sewer system; and $568,000 for.constructing
street improvements in and !or said City, including
lighting and signalization; prescribing the form of the
bonds and the form of the interest coupons; levying a
continuing direct annual ad valorem tax on all taxable
property within the limits of said City to pay the interest
on said bonds and to create a sinking fund for the redemp-
tion thereof and providing for the assessment and collec-
tion of such taxes; enacting provisions incident and relat-
ing to the subject and purpose of this ordinance; and
declaring an emergency and providing an effective date.
WHEREAS, pursuant to an election held in the City of Lubbock, Texas,
on the 21st day of May, 1977, this City Council became authorized and em-
powered to issue general obligation bonds of the City to mature serially over
a period of years not to exceed forty (40) years from their date, for the purpose
of making permanent public improvements, to wit:
$16,775,000 for constructing improvements and extensions to
the City's waterworks system;
3,303,000 for constructing improvements and extensions to
the City's sanitary sewer system;
4,782,000 for constructing street improvements in and for
said City, including lighting and signalization;
AND WHEREAS this City Council now deems it advisable and to the
best interest of the City that of the bonds voted at the election held May 21,
1977, the following should now be issued, all as reflected by .the following
table:
AMOUNT AMOUNT
AMOUNT PREVIOUSLY BEING UNISSUED
PURPOSE AUTHORIZED ISSUED ISSUED BALANCE
WW Imp & Ext $16,775,000 $6,543,000 $5,082,000 $5,150,000
SSS Imp & Ext 3,303,000 1,230,000 800,000 1,273,000
St lmp, Lighting
& Signalization 4,782,000 2,575,000 568,000 1,639,000
AND WHEREAS the City Council has found and hereby declares that
there is an urgent public necessity that it proceed with the issuance of such
bonds for the purpose of conducting the program of improvements to which the
bonds relate at the earliest possible date and this ordinance constitutes an
emergency measure for the immediate preservation of the public peace, prop-
erty, health and safety of the City and its inhabitants; now, therefore,
T
BE IT ORDAn.J'ED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
i SECTION 1: That the bonds of said City, to be known as "CITY OF II LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1980," be and same
, are hereby ordered to be issued under and by virtue of the Constitution and I laws of the State of Texas, including Article 1175, R.C.S. of Texas, 1925,
as amended, and pursuant to the Charter of said City, for the purpose of making
permanent public impr:ovements, to wit: $5,082,000 for constructing improve-
ments and extensions to the City's waterworks system; $800,000 for construct-
ing improvements and extensions to the City's sanitary sewer system; and
$568,000 for constructing street improvements in and for said City, including
lighting and signalization, aggregating altogether the principal sum of SIX. -
MILLION FOUR HUNDRED FIFTY THOUSAND DOLLARS ($6,450,000).
SECTION 2: Said bonds shall be numbered consecutively from One •
(I) through One Thousand Two Hundred Ninety (1290), shall each be in denom-
ination of Five Thousand Dollars ($5,000), aggregating in principal amount
SIX MILLION FOUR HUNDRED FIFTY THOUSAND DOLIARS ($6,450,000); shall
be dated March 1, 1980, and shall become due and payable serially on March
1 in each of the years in accordance with the following schedule:
BOND NUMBERS
~11 Inclusive} MATURITY AMOUNT
1 to 64 1_981 $320,000
65 to 128 1982 320,000
129 to 192 1983 320,000
193 to 256 1984 320,000
257 to 320 1985 320,000
321 to 384 1986 320,000
385 to 448 1987 320,000
449 to 512 1988 320,000
513 to 576 1989 320,000
577 to 640 1990 320,000
641 to 705 1991 325,000
706 to 770 1992 325,000
771 to 835 1993 325,000
8-36 to 900 1994 325,000
901 to 965 1995 325,000
966 to ·1030 1996 325,000
1031 to 1095 1997 325,000
1096 to 1160 1998 325,000
1161 to 1225 1999 325,000
1226 to 1290 2000 325,000
PROVIDED, HOWEVER, that the City reserves the right to redeem the bonds of
said·series maturing on March 1, 1996, and subsequent, in whole or any
part thereof, on March 1, 1995, or on any interest payment date thereafter,, at
the price of par and accrued interest to the date fixed for redemption; PRO-
. VIDEO, FURTHER, that at least thirty (30} days prior to any interest payment
date upon which any of said bonds are to be redeemed, a notice of redemption,
signed by the City Secretary (specifying the serial numbers and amount of
bonds to be redeemed) shall have been filed with the CITIBANK, N. A., New
York, New York, and the TEXAS COMMERCE BANK, NATIONAL ASSOCIATION,
Lubbock, Texas (the paying agents named in each of said bonds); and if by
the date so fixed for redemption the City shall have made available funds in
amounts sufficient to pay the bonds to be redeemed and accrued interest thereon,
any bond or bonds not presented for redemption pursuant to such notice shall
cease to bear interest from and after the date so fixed for redemption.
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SECTION 3: The bond::. herein authorized to be issued shall bear
interest from date to maturity at per annum rates to be established at the time
said bonds are sold (but in no event shall any bonds of this series bear inter-
est at a rate in excess of 10% per annum), such interest to be evidenced by
proper coupons attached to each of said bonds and said interest shall be pay-
able on March 1, 1981, and semiannually thereafter on September 1 and March
l in each year.
SECTION 4: Both principal of and interest on said bonds shall be
payable in lawful money of the United States of America, without exchange or
collection charges to the owner or holder, at the CITIBANK, N .f\. , New Yo~t:,
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: 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 each
of 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 of the State of Texas, only
his signature (or that of a deputy designated in writing to act for the Comptrol-
ler) shall be required to be manually subscribed to such bonds in connection
with his registration certificate to appear thereon, as hereinafter provided; all
in accordance with the provisions of Article 717j-l, V.A.T.C.S.
SECTION 6: The form of said bonds shall be substa~tially as follows:
NO. __ _ UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF LUBBOCK
CITY OF LUBBOCK, TEXAS, GENERAL OBLIGATION BOND,
SERIES 1980
$5,000
The CITY OF LUBBOCK, a municipal corporation of the State of Texas,
acknowledges itself indebted to and, FOR VALUE RECEIVED, hereby promises
to pay to bearer the sum of
FIVE THOUSAND DOLLARS
($5,000), in lawful money of the United States of America, on the 1st day of
March, ___ , with interest thereon from the date hereof to maturity at the rate of ______________ PER CENTUM (....__ __ %) per annum,
payable on March 1, 1981, and semiannually thereafter on Se,ptember 1 and
March 1 in each year, and interest falling due on or prior to maturity hereof
is payable only upon presentation and surrender of the interest coupons hereto
attached as they severally become due.
BOTH PRINCIPAL OF and interest on this bond are hereby made payable
at the CITIBANK, N. A., 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 for the
prompt payment of this bond and the interest thereon at maturity, the full faith.,
credit and resources of the City of Lubbock, Texas, are hereby irrevocably
pledged.
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ii !j 1 THIS BOND is one of a series of One Thousand Two Hundred Ninety
(1290) serial bonds, numbered consecutively from One (1) through One Thou-
sand Two Hundred Ninety (1290), each in denomination of Five Thousand
Dollars ($5,000}, aggregating SIX MILLION FOUR HUNDRED FIFTY THOUSAND
DOLLARS ($6,450,000), issued for the purpose of making permanent public
improvements, to wit: $5,082,000 for constructing improvements and exten-
sions to the City's waterworks system; $800,000 for constructing improvements
and extensions to the City's sanitary sewer system, and $568,000 for con-
structing street improvements in and for said City, including lighting and
signalization, under authority of the Constitution and laws of the State of
Texas, including Article 1175, R.C.S. of Texas, 1925, as amended, and pu.-
suant to the Charter of said City of Lubbock, an election duly called and held
in said City on the 21st day of May, 1977 ~ and an ordinance duly adopted by
the City Council of the City of Lubbock, Texas, and recorded in the Ordinance
Records of said City.
AS SPECIFIED in the ordinance hereinabove mentioned, the Cify reserves
the right to redeem the bonds of this series maturing on March 1, 1996, and
subsequent, in whole or any part thereof, on March 1, 1995, or on any interest
payment date thereafter, at the price of par and accrued interest to the date
fixed for redemption; PROVIDED, HOWEVER, that at least thirty (30) days prior
to any interest payment date upon which any of said bonds are to be redeemed,
a notice of redemption, signed by the City Secretary (specifying the serial num-
bers and amount of bonds to be redeemed) shall have been filed with the CITI-
BANK, N .A., New York, New York, and the TEXAS COMMERCE BANK, NATIONAL
ASSOCIATION, Lubbock, Texas; and if by the date so fixed for redemption the
City shall have made available funds in amounts sufficient to pay the bonds to
be redeemed and accrued interest thereon, any bond or bonds not presented for
redemption pursuant to such notice 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 men-
tioned, is March 1 , 1980.
IT IS HEREBY CERTIFIED, RECITED AND REPRESENTED that all acts,
conditions and things required by the Constitution and laws of the State of
Texas, and the Charter of said City, to be done precedent to and in the issu-
ance of this bond and said series of bonds, have been done, happened and
been performed in regular and due time, form and manner as required by law;
that proper provisions have been made for the levy and collection annually of
taxes upon all taxable property in said City of Lubbock, Texas, sufficient to
pay the interest on this series of bonds as due and to provide for the payment
of each installment of principal as same matures; that when so collected, such
taxes shall be appropriated exclusive! y to such purposes; and. that the total
indebtedness of the City of Lubbock, Texas, including this bond· and the series
of which it is one, does not exceed any statutory or Constitutional limitation.
IN TESTIMONY WHEREOF, the City Council of the City of Lubbock,
Texas, in accordance with the provisions of Article 717J-1, 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; the date of this bond, in conformity with the .ordinance above referred to,
being the first day of March, 1980.
COUNTERSIGNED: Mayor, City of Lubbock, Texas
City Secretary, City of Lubbock, Texas
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'I I SECTION 7: The form of the interest coupons attached to each of said
bonds shall be substantially as follows:
*(unless the bond to which this coupon pertains has
been properly called for redemption in accordance
with its terms,) the CITY OP LUBBOCK, a municipal
corporation of the State of Texas, hereby promises to
pay to bearer the amount shown hereon in lawful money
of the United States of America, without exchange or
collection charges to the owner or holder hereof, upon
presentation and surrender of this coupon, at the CITI-
BANK, N.A., New York, New York, or, at the option of
the holder, at the TEXAS COMMERCE BANK, NATIONAL
ASSOCIATION, Lubbock, Texas, said sum being ---months' interest due that day on "CITY OP LUBBOCK,
TEXAS, GENERAL OBLIGATION BOND, SERIES 1980,"
dated March 1, 1980.
City Secretary Mayor
On the 1st day of
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No. $ __
SERIES 1980
Bond No.
SECTION 8: The following certificate shall be printed on the back of
each bond:
OFFICE OF COMPTROLLER §
§
STATE OF TEXAS §
REGISTER NO. ___ _
I HEREBY CERTIFY that there is on file and of record in my office a
certificate of the Attorney General of the State of Texas to the effect that this
bond has been examined by him as required by law, that he finds it has been
issued in conformity with the Constitution and laws of the State of Texas, and
that it is a valid and binding obligation upon said City of Lubbock., Texas, and
said bond has this day been registered by me.
WITNESS MY HAND AND SEAL OF OFFICE as of _________ _
Comptroller of Public Accounts of the
State of Texas
SECTION 9: To provide for the payment of the debt service require-
ments on said bonds, being (i) the interest on said bonds and (ii) a sinking
fund for their redemption at maturity or a sinking fund of 2% (whichever amount
shall be greater), there shall be and there is hereby levied for the current year
and each succeeding year thereafter while said bonds or interest thereon shall
remain outstanding and unpaid, a sufficient tax on each one hundred dollars'
valuation of taxable property in said City adequate to pay such debt service
requirements, full allowance being made for delinquencies and costs of collec-
tion; said tax shall be assessed and collected each year and applied to the
payment of said debt service requirements, and the same shall not be diverted
to any other purpose. The taxes so levied shall be paid into a fund known as
"SPECIAL GENERAL OBLIGATION BOND FUND, SERIES 1980," which is hereby
established for the payment of the obligations herein authorized. The City
Council hereby declares its purpose and intent to provide and levy a tax legally
and fully sufficient for such bonds, it having been determined that the existing
and available taxing authority of the City for such purpose is adequate to per-
mit a legally sufficient tax in consideration of all other outstanding obligations.
*NOTE TO PRINTER: The expression in parenth!;lses to be included only in
coupons maturing September 1, 1995, and subsequent, pertaining to optional
bonds maturing in the years 199 6 through 2000.
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" ,•
SECTION 10: The Mayor of said City shall be and he is hereby
authorized to take and have charge of all necessary orders and records 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 ap-
proval by the Attorney General and their registration by the Comptroller of
Public Accounts.
SECTION 11: The purchasers' obligation to accept delivery of the
bonds 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 deliv-
ered as of the date of delivery and payment for such bonds. Printing of a tnie
and correct copy of said opinion on the reverse side of each of such bonds·,
with appropriate certificate pertaining thereto executed by facsimile signature
of the City Secretary of the City of Lubbock, Texas, is hereby approved and .
authorized.
SECTION 12: The City certifies that based on facts, estimates and
circumstances expected to exist on the date of the issue of the Serles 1980
Bonds it is not reasonable to anticipate that the proceeds thereof will be used
in a manner which would cause them to be "arbitrage bonds" within the mean-
ing of Section 103(c) of the Internal Revenue Code of 1954, as amended, or
regulations thereunder applicable thereto, and the officers of the City charged
with responsibilities in the issuance of bonds are authorized and directed to
make, execute and deliver certifications as to facts, estimates and circum-
stances in existence as of the date of the issue of said bonds and stating
whether there are any facts, estimates or circumstance~ which would materially
change the City's present expectations. The covenants herein made and the
certifications· herein authorized are for the benefit of the holders from time to
time of said Series 1980 Bonds and the coupons appertaining thereto and may
be relied upon by said holders and by bond counsel for the City.
SECTION 13; 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 14: 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 conducting the program of improvements to which the bonds herein authorized
relate at the earliest possible 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 as an emergency measure and this ordinance is accordingly passed
as an emergency measure and shall take effect and be in force immediately from
and after its passage, and it is so ordained.
PASSED AND APPROVED, this the 29th day of November, 1979.
ATTEST: Mayor, City of Lubbock, Texas
(City'Se~l)/
A~~~OVED as to form: ---:?"'q_;r:::,t.~-:::;__c::::.:::=-__:_ _ _r:_4+..----
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THE STATE OF TEXAS
COUNTY OF LUBBOCK
CITY OF LUBBOCK
CERTIFICATE OF CITY SECRETARY
§
§
§
r. the undersigned, City Secretary of the City of Lubbock, Texas, DO
HEREBY CERTIFY that the above and foregoing is a true and correct copy of an
ordinance authorizing the issuance of $6,450,000 "CITY OF LUBBOCK, TEXAS,
GENERAL OBLIGATION BONDS, SERIES 1980," dated March 1, 1980, passed by the
City Council on the 29th day of November, 1979, and which ordinance is duly
recorded iu the Minutes of said City Council.
I FURTHER CERTIFY that the said ordinance was passed at a meeting open to
the public and notice of such meeting was given in advance thereof in such
manner as to be in compliance with the provisions of Article 6252-17, Section
3A, V.A.T.C.S.
IN ~TITNESS WHEREOF, I have hereunto signed my name officially and affixed
the seal of said City, this the~ day of __ N_o_v_em_b_e_r ___ , 192.2_.
'(City Seal)
TiiE STATE OF TEXAS
COUNl'Y OF LUBBOCK
Before me ___ Z_u_ell_a'--Wh--'-e.;..;el;.;.er ________ a Notary Public in and for Lubbock County, Texas on this
day personally appeared Nocmaii L WilliamsO.t\ of Publication Service Company,
publishers of the West Texas Times, weekly newspaper, who being by me duly sworn did depose and say
that said newspaper has been published continuously for more than fifty-two weeks prior to the rm.t
insertion of this City Qrdiuaore
No. 7970 at Lubbock County, Texas and the attached printed copy of the erdiaaHee
is a true copy of the original and was printed in the West Texas Times on the following dates: ____ _
Deo. S, 12, 1979
WEST TEXAS TIMES
Publication Service Company
Subscribed and sworn to before me this _.,_3.._t ~-day of __ n......,,.c ____ , I 9_7,._9...__
ZUELLA WHEELER
Notary Public in and for Lubbock County, Texas
My Commission Expires ltmc I, 19W
~3/, /'j<H
ORDINANCE NO. 7970 . -.n ordinance by the Cltr Councl of · '
. · the City of Lubbock, Texas, relating ·
1d .6.450,000 ''City of Lllbbodt,
Taxas, General · Obllga11on eondt. '
hrles 1980", dated March 1, U80.
Pl'l!Vldlng for the. Hie of the t,ondl,
., and establishing Interest rates for eald
bonds, enacting provisions Incident
· ud ralatlng to the pwpos• end
. subject of this .ordinance en'd
lfflll/fdlng an effective date. ·
''Se It ordained by the City Council of the City of Lubboc!I. . : . . ...
iPassad end approved an ~•cond
and flnal. rea_dlng thla the 29th dliy of .
November, 1979._ . , • , •
s/DlrtWe9'
Miifo't
EX PA.RTE
CITY OF LUBBOCK. TEXAS
NO. 980215
§ IN THE 237TH DISTRICT COURT
§ OF
§
JUDGMENT
LUBBOCK COUNTY, TEXAS
On the 14th day of April. 1980, came on to be heard at proper time and in
due order, the above entitled and numbered cause, the same being the date and
time set for hearing by Order of the Court dated the 19th day of March, 1980,
heretofore entered in this cause, and as subsequently published being notice
of these proceedings to 11all taxpayers, property owners and residents, if any,
of the City of Lubbock, Texas, a public agency, and all'nonresidents, if any,
owning property therein, and/or all others having or claiming any right, title
or interest in any property or funds, to be affected by the proceedings and/or
/ ··"" ,i the issuance of securities identified as $6,450,000 CITY OF LUBBOCK, TEXAS,
GENERAL OBLIGATIONS BONDS, SERIES 1980, dated March 1 1 1980, or interested or
affected in any way thereby, or by the proceedings, including all actions and
expenditures of funds. taken or ma.de and/or proposed to be taken or made in
connection with or affecting the securities, in general terms and without
naming them, and the Attorney General of Texas." These securities being the
proposed third issuance out of a total issqance of $26,435,000 in general
....
obligation bonds authorized at an election held in the City of Lubbock, Texas,
on May 21, 1977. ·
And came the. parties as follows:
1) The City of Lubbock, Texas and the City Council of the City of
Lubbock, Texas, in their official capacities, all by their attorney
of record, James P. Brewster; and,
2) The Attorney General of Texas by his Assistant Attorney General,
Susan Lee Voss; and,
3) All others cited by the published notices heretofore directed by
Order in this cause entered on the 19th day of March, 1980, being
represented by attorney ad litem Larry Elms, an Attorney at Law
authorized to practice before the Supreme Court of Texas, and within
Lubbock County, Texas.
And no other parties having intervened, answered or appeared in sai,d
cause, and no other parties appearing in Court at the time, date and place set
for this hearing by the published notice previously entered; and all parties
announced ready for trial and no jury demand having been received from any
party, all matters of fact as well was law was submitted to the Court for
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'determination; and the Court having heard and considered the pleadings, all
evidence and testimony presented and argument of counsel, is of the opinion
and finds that all the relief and .remedy sought by the City of Lubbock, Texas,
is proper, and that the prayers of its Petition should be and is hereby in all
things granted;
It is accordingly ORDERED, ADJUDGED and DECREED by the Court as follows,
to-wit:
1. This action is a proceeding in rem filed in accordance with the
provisions of Vernon's Ann,Civ.St,, art. 717m-l, as a class action against the
taxpayers, property owners, and residents of the public agency, and all non-
residents owning property therein, and all others having or claiming any
right, title or interest in any property or funds to be affected by the proceeding
and/or the issuance of the securities, or interested or affected in any way
thereby or by the proceedings, including all actions and expenditures of
funds, taken or made and/or proposed to be taken or made in connection with or
affecting the securities. This definition of the class is to be construed to
reach and include all possible·members of the class contemplated by Vernon's
Ann.Civ,St,, ·art, 717m-l, §2,
2. Petitioner is a Home Rule Municipal Corporation of Lubbock County,
/ j,,..Tex.as, having.been incorporated under Vernon's Ann.Tex.Const., art. 11, §5,
@· pursuant to the provisions of Chapter 13, Title 28, Revised Civil Statutes of
~ ( Texas, being Vernon's Ann.Civ.St. arts, 1165 through 11821, inclusive, as
. &> ·' ti' amended, and as such Petitioner is authorized by law to borrow money and issue
. ~. ~l bonds, ·notes or other evidence of indebtedness within the definition of "securities"
~ 1~' l\as defined in Vernon1 s Ann,Civ.St., art 717m-l, §1(2); the Petitioner is a
(., ~~,.., . p \\"', "public agency" within the contemplation of Vernon's Ann,Civ,St., art. 717m-l,
§1(1).
Y 3. Petitioner as a Home Rule Municipal Corporation is further authorized ~;J under Vernon's Ann. Civ.St., art. 1175,(10), to exercioe the power ~
, iii-"V,) ==!:h:rc:~:,:rt:b:::• ::~: :::e.:.::ki~: ::.:,:lie 'J ~ J1i'rovided by its Charter, and consistent with the Constitution of this State.
~,:Vo/ That the general obligation bonds which form the subject matter this cause are
CJ f to be issued for public improvements and purposes within the authority of the
./! 1 statutes of the State of Texas, the Charter of the City of Lubbock, Texas, and
JV ~onsistent with the Constitution of the State of Texas. The further express
/,/;~, ~ authority of the Petitioner to authorize and issue the securities involved in ~y/ Jthis proceeding are contained in Chapter 1, Art. VIII, Secs. 1-5, the Charter
a~k,~f-the City of Lubbock, Texas.
t/7', ft;J1.,,~-\"J,v'Vl'I'\ r;JJc,
4. Jurisdiction over the subject matter and of all interested parties
bas been attained in this cause in accordance with the provisions of Vernon's
Ann.Civ.St., art. 717m-l, §3,. when upon filing and presentation of the petition
in this cause the Court heretofore immediately made and issued an order in
general terms in the form of a notice directed to all taxpayers, property
owners, and residents, if any, of the public agency, and all nonresidents, if
any, owning property therein, and all others having or claiming any right,
title, or interest in any property or funds to be affected by the proceedings
and/or the issuance of the securities, or interested or affected in any way
thereby, or by the proceedings, including all actions and expenditure of
funds, taken or made and/or proposed to be taken or made in connection with or
affecting the securities, requiring, in general terms and without naming them,
all the persons and the Attorney General of Texas to appear for hearing and
trial at 10:00 o'clock A.M. on the first Monday after the expiration of 20
days from the date of issue of the order, and show cause why the prayers of
the petition should not be granted and the proceedings and the securities
validated and confirmed as therein prayed. That said notice gave a general
description of the nature of the petition, A copy of the petition, together
with any.exhibits attached, and a copy of said order, was thereafter delivered
to the Attorney General at least 20 days before the time fixed in the order
for hearing and trial, and the Attorney General subsequently waived formal
service; and, in.accordance with the provisions of Vernon's Ann.Civ.St., art.
717m-l, §6, prior to the date set for hearing and trial set by Art. 717m-l,
§4, the clerk of this Court gave notice by causing a substantial copy of the
order issued pursuant to art. 717m-l, §·4, ·as above described, to be published
in a newspaper of general circulation in Travis County, and in a newspaper of
general circulation in Lubbock County, Texas, being the county where this
public agency maintains its principal office. The notice was published once in
each of two consecutive calendar weeks, with the date of the first publication
to be not less than 14 days prior to the date set for hearing and trial.
5, Upon the giving of the notice and the publication of the said order.
all taxpayers. property owners, and residents, if any, of the public agency,
and all nonresidents, if any, owning property therein, and all others having
or claiming any right, title, or interest in any property or funds to be
affected in any way by the securities, or the proceedings, including all
actions and expenditures of funds, taken or made and/or proposed to be taken
or made in connection with or affecting the securities, were thereby made
parties defendant in these proceedings, and the Court has jurisdiction of them
to the same extent as if individually named as defendants in the petition and
personally served with process in the cm,se.
6. That heretofore, and pursuant to the general authority above defined,
the City Council of the City of Lubbock, Texas, on the 25th and 28th days of
April, 1977, duly passed on first and second readings respectively, Ordinance
of. the City of Lubbock, Texas, entitled:
"AN ORDINANCE by the City Council of the City of Lubbock, Texas,
calling a bond election to be held within said City for the authorization
of general"obligation bonds, making provision for the conduct of the
election and other provisions incident and related to the purpose of this
ordinance and providing an effective date."
was called a bond electi
submitting to the resident, alified electors
following propositions, to-wit:
PROPOSITION NUMBER 1
Texas, there
e purpose of
"SHALL the City Council of the City of Lubbock Texas be authorized
to issue SIXTEEN MILLION SEVEN HUNDRED SEVENTY-FIVE THOUSAND DOLLARS
($16,775,000) general obligation bonds of said City for the purpose of
making permanent public improvements, to-wit: constructing improvements
and extensions to the City's waterworks system; said bonds to mature
serially over a period of years not to exceed FORTY (40) years from their
date, to be issued and sold at any price or prices and to bear interest
at any rate or rates as shall be determined within the discretion of the
City Council at the time of issuance; and to provide for the payment of
principal of and interest on said bonds by levying a tax sufficient to
pay the-annual interest and to create a sinking fund sufficient to redeem
said bonds as they become due?"
PROPOSITION NUMBER 2
"SHALL the City Council of the City of Lubbock, Texas be authorized
to issue THREE MILLION THREE HUNDRED THREE THOUSAND DOLLARS ($3,303,000)
general obligation bonds of said City for the purpose of making permament
public improvements, to-wit: constructing improvements and extensions to
the City's sanitary sewer system; said bonds to mature serially over a
period of years not to exceed FORTY (40) years from their date, to be
issued and sold at any price or prices and to bear interest at any rate
or rates as shall be determined within the discretion of the City Council
at the time of issuance, and to provide for the payment of principal of
and interest on said bonds by levying a tax sufficient to pay the annual
interest and to create a sinking fund sufficient to redeem said bonds as
they become due?"
PROPOSITION NUMBER 3
"SHALL the City Council of the City of Lubbock, Texas, be authorized
to issue FOUR HUNDRED SEVENTY-THREE THOUSAND DOLLAE.S ($473,000) general
obligation bonds of said City for the purpose of making permanent public
improvements. to-wit: constructing. enlarging, extending and installing
storm sewers, drains and gutters and other improvements incidental thereto,
including the acquisition of land for drainage purposes and drainage area
modifications; said bonds to mature serially over a period of years not
to exceed FORTY {40) years from their date, to be issued and sold at any
price or prices and to bear interest at any rate or rates as shall be
determined within the discretion of the City Council at the time of
issuance, and to provide for the payment of principal of and interest on
said bonds by levying a tax sufficient to pay the annual interest and to
create a sinking fund sufficient to redeem said bonds as they become due7" ·
PROPOSITION NUMBER 4
"SHALL the City Council of the City of Lubbock, Texas be authorized
to issue FOUR MILLION SEVEN HUNDRED EIGHTY-TWO THOUSAND DOLLARS ($4,782,000)
general obligation bonds of said City for the purpose of making permanent
public improvements, to-wit: constructing street improvements in and for
said City, including lighting and signalization; said bonds to mature
serially over a period of years not to exceed FORTY (40) years from their date, to be issued and sold at any price or prices and to bear interest
at any rate or rates as shall be determined within the discretion of the
City Council at the time of issuance, and to provide for the payment of
principal of and interest on said bonds by levying a tax sufficient to
pay the annual interest and to create a sinking fund sufficient to redeem
said bonds as they become due?"
PROPOSITION NUMBERS
"SHALL the City Council of the City of Lubbock, Texas, be authorized
to issue SEVEN HUNDRED NINETY-TWO THOUSAND DOLLARS ($792,000) general
obligation·bonds of said City for the purpose of making permanent public
improvements, to-wit: constructing, improving and equipping fire station
buildings in and for said City and the purchase of necessary sites therefor;
said bonds to mature serially over a period of years not to exceed FORTY
(40) years from their date, to be issued and sold at any price or prices
and to bear interest at any rate or rates as shall be determined within
the discretion of the City Council at the time of issuance, and to provide
for the payment of principal of and interest on said bonds by levying a
tax sufficient to pay the annual interest and to create a sinking fund
sufficient to redeem said bonds as they become due?"
PROPOSITION NUMBER 6
"SHALL the City Council of the City of Lubbock, Texas, be authorized
to issue THREE HUNDRED TEN THOUSAND DOLLARS ($310,000) general obligation
ponds of said City for the purpose of making permanent public improvements,
to-wit: construction, improving, and equipping fire station buildings in
areas presently adjoining the City and the purchase of necessary sites
· therefor (at such time as the areas are annexed to the City); said bonds
to mature serially over a period of years not to exceed FORTY (40) years
from their date to be issued and sold at any price or prices and to bear
interest at any rate or rates as shall be determined within;the discretion
of the City Council at the time of issuance, and to provide for the payment
of principal of and interest on said bonds by levying a tax sufficient to
pay the-annual interest and to create a sinking fund sufficient to redeem
said bonds as they become due?"
7. That notice of said election was given and accomplished by the
following condu~t. actions and instruments, to-wit:
~-(a) By po!3ting a substantial copy of instrument entitled "NOTICE OF
?ELECTION FOR THE. ISSUANCE OF BONDS", in all election precincts within the City
-~~) of Lubbock, Texas, and at the City Hall in the City of Lubbock, Texas, not
~il less than fourteen (14) full days prior to the date on which said election was
~ ~ ;,,-{J to be held, That said Notice as posted was both in the English language and
'!,r~ in the Sp,nish 1,ngu,.e. That both •ueh Notice, we,e posted not le•• than
fourteen (14) full days prior to the date on which said election was to be
held at the places and extent required by law.
(b) By the publication of a substantial copy of said "NOTICE OF ELECTION
FOR THE ISSUANCE OF BONDS" with and including a substantial copy of said Ordi-
nance No. 7429 of the City of Lubbock, Texas, in the Lubbock Avalanche-Journal,
which is a newpaper of general circulation in and published in the City of
Lubbock, Texas, on May 5, 1977, and May 12, 1977.
8. That the dates of all such posting of Notice as aforesaid and.the
date of the first publication as aforesaid were both respectively not less
than fourteen (14) full days prior to the date of the election. All such
notices as both posted and as published were respectively posted and published
in both the English and Spanish languages.
...
9. That said election was held at the time and places prescribed by
said Ordinance No. 7429 of the City of Lubbock, Texas, the ordinance calling
the said election, such election having been held on the 21st day of May,
1977, which date was not less than fifteen (15) nor more than thirty (30) days
from the date of the adoption of said Ordinance No. 7429 of the City of Lubbock,
Texas.
~ ~~ 10. The election was open to all resident qualified electors of the City
~1,f -Lubbock, Texas. i.;;~.,
That on the 26th day of May, 1977, the City Council of the City of .,r~l_) 11.
f4~'},V41Lubbock, Texas, duly convened in special session for consideration of an
,..l,J;f> instrument entitled "Resolution Canvassing Returns and Declaring Results of
t~;r 7 Bond Election Held May 21, 1977." That after due and appropriate consideration
said Resolution was duly passed on such date.
/ . Said Resolution as duly passed on the 26th day of May, 1977, by the City
Council of the City of Lubbock, Texas, as aforesaid, canvassed the returns and
declared the results of said bond election under the propositions submitted as
follows, to-wit:
PROPOSITION NUMBER 1
"THE ISSUANCE OF $16,775,000 WATER WORKS
IMPROVEMENT BONDS AND THE LEVYING OF THE
TAX IN PAYMENT THEREOF"
"FOR"
"AGAINST"
TOTAL VOTES CAST
PROPOSITION NUMBER 2
"THE ISSUANCE OF $3,303,000 SEWER
SYSTEM IMPROVEMENT BONDS AND THE
LEVYING OF THE TAX IN PAYMENT THEREOF"
"FOR"
"AGAINST"
TOTAL VOTES CAST
PROPOSITION NUMBER 3
"THE ISSUANCE OF $473,000 STORM SEWER
AND DRAINAGE BONDS AND THE LEVYING OF
THE TAX IN PAYMENT THEREOF"
"FOR"
"AGAINST"
TOTAL VOTES CAST
PROPOSITION NUMBER 4
"THE ISSUANCE OF $4,782,000 STREET
IMPROVEMENT BONDS AND THE LEVYING OF
THE TAX IN PAYMENT THEREOF"
3,962 votes
1,885 votes
5,847 votes
3,734 votes
21099 votes
51 833 votes
3,709 votes
2,121 votes
5,830 votes
"FOR"
"AGAINST"
TOTAL VOTES CAST
PROPOSITION NUMBER 5
"THE ISSUANCE OF $792,000 FIRE STATION
BUILDING BONDS AND THE LEVYING OF THE
TAX IN PAYMENT THEREOF"
"FOR"
"AGAINST"
TOTAL VOTES CAST
PROPOSITION NUMBER 6
3,672 votes
2,148 votes
5,820 votes
3,761 votes
2,068 votes
51829 votes
"THE ISSUANCE OF $310,000 FIRE STATION
BUILDING BONDS (ADJACENT AREAS, WHEN ANNEXED)
AND THE LEVYING OF THE TAX IN PAYMENT THEREOF"
"FOR"
"AGAINST"
TOTAL VOTES CAST
3,582 votes
21225 votes
5,807 votes
It was accordingly found and determined by said Resolution that a majority
·of the votes cast by the participating resident qualified electors of the City
of Lubbock, Texas, were in favor of each of the propositions submitted and
)voted on at said election. tfy--J_/,,. That tharoafter, no election contest was instituted rltbin the time
JJ Vnor within the manner or after the jurisdictional prerequisites required by
'f. / Chapter 9, Election Code of the State of Texas. That. the time within which ? the ju~i•dictional prereqW.sites to an election contest under Chapter 9,
~~/Election Code of the State of Texas, must be accoapliahed, =pired ,o that no 'rrJ valid election contest can now be commenced as a matter of law.
rJ,:';.~)/1 13, That thereafter, but prior to this date, the City of Lubbock, Texas,
~,;{) caused to be filed a proceeding in rem in accordance with the provisions of v-~ b~ Vernon's Ann.Civ,St., ar~. 717m, as a class action, seeking declaration by a
~;~,~\ court of competent jurisdiction that all procedures of said election be validated /v-1 JV aanndd declaring and upholding the authority of the City of Lubbock, Texas, then
~ /1 thereafter, in such number of Series as may to the Petitioner appear
j'appropriate, to issue general obligation bonds in the total of TWENTY-SIX
{
N MILLION FOUR HUNDRED THIRTY-FVE THOUSAND AND N0/100 ($26,435,000.00) DOLLARS,
~~ as follows: $16,775,000.00 for waterworks improvement bonds (Proposition No.
1}, $3,303,000.00 for sewer system improvement bonds (Proposition No. 2),
>-
$473,000.00 for storm sewer and drainage bonds (Proposition No. 3), $4,782,000.00
for street improvement bonds (Proposition No. ,4), $792,000.00 for fire station
building bonds (Proposition No. 5), and $310,000.00 for fire station building
bonds (adjacent·areas, when annexed) (Proposition No. 6). That such proceeding
was entitled EX PARTE CITY OF LUBBOCK, No, 87,536, :1n the 99th District Court
of Lubbock County, Texas.
_? 14. That thereafter on the 15th day of August, 1977, said cause entitled
EX PARTE CITY OF LUBBOCK TEXAS, No, 87,536, having been previously consolidated
with another separate lawsuit also challenging the validity of the issuance of
bonds authorized by the election of the 21st day of May, 1977, came on for
trail in the 99th District Court of Lubbock County, Texas. That thereafter on
the 19th day of "August, 1977, Consolidated Judgment was signed and entered by
the "Court.
That thereafter said Consolidated Judgment was appealed by a·dis-/ 15.
satisfied party thereto to the Court of Civil Appeals for the Seventh Supreme
Judicial District of Texas at Amarillo, Texas. By opinion dated and rendered
by said Court of Civil Appeals on the 24th day of April, 1978, said Consolidated
Judgment was in all things affirmed. Said opinion is cited as Tax Payer's
Assn. v. City of Lubbock, 565 S.W.2d 578 (Tex.Civ.App., 1977, no writ history).
/ 16. That by said judgment dated the 19th day of August, 1977, in said
· Cause No. 87,536, and as was subsequently affirmed by the cited opinion of the -J
Court of Civil Appeals, the validity not only as to the 1977 Series of general
obligation bonds there validated but not here germane, was declared and confirmed,
but general declarations, findings, validations and confirmations were contained
as to all subsequent proposed issuance of bonds under authority of the said
election of the 21st day of May, 1977, Attention :1n this regard is specifically
called to paragraphs 1), 2), 3), 4), 5), 6), 7), 8), 9), and 13) of the said
Judgment. That by virture of said specified f:1nd:1ngs all matters and issues
there so determined were fully and finally adjudicated for all subsequent
issues of bonds under authority of the election of May 21. 1977. including the
1980 series (third series) which is the subject matter of this instant Judgment.
and as to all persons.
17, That thereafter, but prior to this date, the City of Lubbock, Texas,
caused to be filed a second proceeding in rem·in accordance with the provisions
of then Vernon's Ann.Civ.St., art. 717m, as a class action, seeking declaration
by a court of competent jurisdiction as to the validity of the actions, forms
and procedures in the issuance of a second series of general obligation bonds
under authority of the election of May 21; 1977, said second series being
entitled $9,520,000.00 "CITY OF LUBBOCK, TEXAS GENERAL OBLIGATION BONDS,
SERIES 1979". This second validation suit was No. 92,070, entitled EX PARTE
CITY OF LUBBOCK, TEXAS, COllling on for hearing and trail.on the 11th day of
December, 1978. Thereafter, on the 19th day of Dec~b"!_~~~-78, Judgment
th...._e_r_e_i_n_w_a_s_s_i_gn_e_d_a_nd-entered by the Court, /$//~
18. That rio direct appeal ~as taken upon said Judgment of December 19,
1978, and a subsequent attempt by one intervenor to maintain an action in the
nature of a bill of review was dismissed by the Court ori June 28, 1979.
Appeal of this latter dismissal is pending submission before The Court of
Civil Appeals for the Seventh Supreme Judicial District of-Texas, as cause
number 9172, entitled ROBERT ISOM, Appeallant vs. CITY OF LUBBOCK, Appellee.
19, The Court in the instant proceeding was requested to take judicial
notice of all pleadings and documents of record in both such prior validation
proceedings as on file in the office of the District Clerk of Lubbock County,
Texas, which said clerk is also the clerk of this Court, to the extent same
may become material in this cause. That by virtue of such prior judgment many
specific findings as to all matters, issues and facts previously determined in
such prior causes have become fully and finally adjudicated and res adjudicata
as to the current proceeding.
n. uY L 20, Pursuant to the authority granted by the election of the 21st day of
f!J/v , May, 1977, the City Council of the City of Lubbock, Texas, on the 29th day of
~~•1 November, 1979, signified its intention to proceed in the most expedient
~~ 1~er consistent with the statutes of the State -of Texas, and the judicial
j 4,l.L determinations anticipated, to the authorizing of the issuance of $6,450,000.00
Jt~
1
~r City of Lubbock, Texas, General Obligation Bonds, Series 1980. That this
intention and many of the instruments proposed to be executed at appropriate times
during pendency of this lawsuit consistent with that intention, are contained
and reflected by Resolution #356 of the City Council of the City of Lubbock,
Texas, dated the 29th day of November, 1979, in evidence in this cause, and by
this reference said Resolution #356, an all exhibits thereto affixed, are
hereby by reference incorporated as a part of this Judgment for all purposes.
/ 21.
Lubbock,
That pursuant to said Resolution of November 29, 1979, the City of
Texas, by and through its City Council, intends to duly enact an
Ordinance to be entitled:
AN ORDINANCE by the City Council of the City of Lubbock, Texas,
authorizing the issuance of $6,450,000 "CITY OF LUBBOCK, TEXAS
GENERAL OBLIGATION BONDS, SERIES.1980", dated March 1, 1980,
for the purpose of making permanent public improvements, to-wit:
$5,082,000 for constructing improvements and extensions to the
City's waterworks system; $800,000 for construction improvements
and extensions to the City's sanitary sewer system; $568,000
for constructing street improvements in and for said City,
including lighting and signalization; prescribing the form of
the bonds and the form of the interest coupons; levying a
continuing direct annual ad valorem tax on all taxable property
within the limits of said City to pay the interest on said bonds
and to create a sinking fund for the redemption thereof and
providing for the assessment and collection of such taxes;
enacting provisions incident and relating to the subject and
purpose of this ordinance; and declaring an emergency and
providing an effective date.
That the proposed form of such Ordinance to be hereafter enacted is to be
substantially as reflected by the Ordinance.form attached as EXHIBIT R1 to
said EXHIBIT "C'' of the petition in the cause.
That pursuant to said Resolution of November 29, 1979, the City ~ 22.
Council proposes to issue and approve a notice of sale, which except for the
date and time of sale subsequently to be determined, shall be in substantially
the form reflected in EXHIBIT R-3 attached to said EXHIBIT "C", of Plaintiff• s
Petition, and made and incorporated as a part of Plaintiff's Petition for all
purposes. That such notice is the format of the notice which the City proposes
to use in meeting the requirement of Article VIII, Section 5, of the Charter
of the City of Lubbock, Texas, in that such notice will be published (after
being completed) once a week for 30 consecutive days in the Lubbock Avalanche-
Journal, a newspaper of general circulation in and published in the City of
Lubbock,
That the date and time to be set in such notice for the receipt of bids
would be not less than 30 days following the date of first publication; that
the time of day established for the sale shall be between the hours of 9 A.M.
and 4 P.M.; that the City Council is authorized to convene in open session,
after notice thereof has been given in compliance with Vernon's Ann,Civ.St.,
art. 6252-17, for the purpose of opening and considering bids or proposals for
the purchase of· such bonds. /> 23. That pursuant to said Resolution of November 29, 1979, the City
Council is authorized to approve and cause to be distributed an Official
Statement and Notice of Sale and bidding documents in substantial.ly, the form
reflected in EXHIBIT R-4 as attached to said EXHIBIT "C" • Plaintiff's Petition,
and made and incorporated as part of this Judgment for all purposes. That
such documents shall be distributed to invest:111ent bankers and others .who would
normally submit proposals for the purchase of bonds of the kind and character
to be offered for sale and the city proposes to cause such distribution to be
made.
• 24, That pursuant to said Resolution of November 29, 1979, the City
Council is authorized to execute, enact, or cause the execution and delivery
as and if required, of the following instruments:
(1) Minutes pertaining to passage of an ordinance authorizing the
issuance of $6,450,000 "CITY OF LUBP.OCK, TEXAS, GENERAL OBLIGATION BONDS,
SERIES 198011 • dated March 1, 1980. Same to be in substantially the form
reflected by EXHIBIT R-2 in EXHIBIT "C", Plaintiff's Petition.
(2) Resolution approving Notice of Sale and Bidding Instructions, Official
:Bid Form and Official Statement relative to $6,450,000 CITY OF LUBBOCK, TEXAS,
GENERAL OBLIGATION BONDS, SERIES 1980, and authorizing distribution of same by
First Southwest .Company. Same to be in substantially the form reflected by
EXHIBIT R-5 in EXHIBIT "C", PLaintiff's Petition.
(3) General Certificate, to be in substantially the form reflected by
EXHIBIT R-6 in EXHIBIT "C", Plaintiff's Petition,
(4) Debt Service Requirement Schedule, to be in substantially the form
reflected by EXHIBIT R-7 in EXHIBIT "C", Plaintiff's Petition.
(5) An Ordinance relating to $6,450,000 "CITY OF LUBBOCK, TEXAS, GENERAL
OBLIGATION BONDS, SERIES 1980", dated March 1, 1980, providing for the sale of
the bonds and establishing interest rates for said bonds, enacting provisions
incident and relating to the purpose and subject of said ordinance and providing
an effective date; same to be in substantially the form reflected by EXHIBIT
R-8 in EXHIBIT "C", Plaintiff's Petition.
(6) Minutes pertaining to passage on 1st reading of ordinance immediately
above described; same to be in substantially the form reflected by EXHIBIT R-
9 in EXHIBIT "C", Plaintiff's Petition. Minutes pertaining to passage on 2nd
reading to be in substantially the form reflected by EXHIBIT R-10 in EXHIBIT
"C", Plaintiff's Petition,
(7) Resolution approving form and content of Official Statement; same to
be in substantially the form reflected by EXHIBIT R-11 in EXHIBIT "C", Plaintiff's
Petition.
(8) Certificate as to Official Statement; same to be in substantially
the form reflected by EXHIBIT R-12 in EXHIBIT "C", Plaintiff's Petition.
(9) Treasurer's Receipt; same to be in substantially the form reflected
by EXHIBIT R-13. in EXHIBIT "C", Plaintiff I s Petition.
(10) Signature and No;;,,litigation Certificate; same ·.to'. be:.in substantially
the form reflected by EXHIBIT R-14 in EXHIBIT "C", Plaintiff's Petition.
25. That subsequent to completion of the validation procedures con-
templated by this Petition, or at such time prior thereto as may be required
by law or the procedures for approval by the Attorney General of the State of
Texas, the City Council of the City of Lubbock, Texas is further authorized to
cause to be executed for delivery (upon delivering of said contemplated bonds
after sale), such further or additional .instruments as may be required by law
or the policies of the Attorney General of the State of Texas.
26. That as to all documents and instruments proposed to be executed,
submitted or delivered as set forth hereinabove, the Petitioner is authorized
to complete the blanks provided therein, correct clerical errors as may be
discovered therein, and make other insubstantial and immaterial changes as may
be necessary to reflect changes of conditions not affecting the validity of
the instruments prior to execution, submission or delivery, respectively,
Petitioner also is authorized to make such further and additional changes in
said instruments as may be suggested or required by the Attorney General of
the State of Texas prior to his ultimate approval.
27. That it is the intent and desire of the Petitioner City of Lubbock
to proceed to sale and delivery after issuance of said $6,450,000 in CITY OF
LUBBOCK, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1980, in the shortest time
possible in accordance with the laws of the State of Texas and the recognitition
of the time contemplated for completion of the Judicial processes by this
Petition initiated.
28. That the City Council of the City of Lubbock, Texas, in the exercise
of its discretion with which it is invested by law and,at_ the direction of the
citizens of the City of Lubbock as reflected by their will expressed at the
election of May 21. 1977, has determined that the procedures hereinabove
outlined for the issuance of the 1980 Series of General Obligation Bonds
should be followed, there being lawful authority for the same.
29. All other proposed instruments set forth and all~ged hereinabove
·will be submitted to the Attorney General of the State of Texas under the
provisions of the applicable law; that all such proceedings as hereafter
approved by the Attorney General shall be fully registered with the Comptroller
of Public Accounts of the State of Texas as required by law; such Series 1980
General Obligation Bonds authorized to be issued by this Judgment and all
subsequent series thereafter to be proposed under the election of May 21,
1977, shall be subject to approval by the attorney General of Texas as to
whether in compliance with applicable law.
30. That the aforesaid $6,450,000 Series 1980 general obligation bonds
were authorized in compliance with the procedures prescribed by law and except
t for the filing of this cause would have been approved by the Attorney General
of Texas and registered by the Comptroller of Public Accounts; that when
issued and delivered in accordance with the aforesaid authorizing proceedings
the said tax bonds will constitute valid and fully enforceable outstanding
" , • general obligation of the City of Lubbock, Texas; that the payment of principal
and interest· upon said. general ogligatioti. bonds. has been' provided for as
'. required by law; .t~at when iss~ed and delivered in accordance with the authorizing
proceedings above defined, said $6,450,000 CITY OF LUBBOCK, TEXAS, GENERAL
OBLIGATION BONDS, SERIES 1980, will constitut~ valid, binding, enforceable and
legal obligations of the City of Lubbock in accordance with their terms; that
the City of Lubbock, Texas, has made adequate and appropriate provisions for
the payment of interest and the sinking.fund requirements of the Series 1980
t
general obligations bonds in the ti.me and manner required by law.
31, That by the time this Judgment becomes final, it may be to the best
interest of the City of Lubbock, Texas, and its inhabitants to again arrange
the details of the bonds, either before sale or to conform to the conditions
of sale, including specifically the date thereof, maturing schedule (but in no
·event shall the maturity exceed forty (40) years from the date of the bond),
and options for redemption prior to maturity, if any, and accordingly the City
,.
' .
should have'and is hereby given the right to rearrange such details of the
bonds so that the same will be current as of the date of-the delivery of the
bonds, so long as the revisions, if any, are made in compliance with applicable·
law, The City Council is further authorized to establish;the interest rate
the said Series 1980 Bond shall bear but in no event sha_ll any rate so established
by the statutes of the State of Texas. The City of Lubbock, Texas, is further
specifically authorized as to all documents and instruments attached to its
petition and identified as documents and instruments "proposed to be executed,
submitted or delivered," to complete the blanks provide_d therein, correct
clerical erros as may be discovered therein, and make other insubstantial and
immaterial changes as may be necessary to reflect change~ of conditions not
affecting the validity of the instruments prior to execution, submission or
delivery, respectively, and then execute, submit or deliver same as required
by law. Any such instrument executed, submitted, or delivered at time of
trial or thereafter, which before this Judgment becomes final must under the
requirements of law be re-executed, re-submitted or re-delivered, may be so
substituted under the authority of this Judgment.
I
32, That this Judgment shall be forever binding and conclusive against
the City of Lubbock, Texas, and all other parties to this cause, including
those before the.Court and all other parties irrespective of whether such
parties are within the description of parties in interest,contained in the
• • notices of this proceeding heretofore published, and this Judgment shall
con.sti.tute a permanent injunction agains·t th-e instituti~n• by any person of any
'.,
action or proceeding contesting the validity of sa~d ele~tion of May 21, 1977,
or the procedures relating thereto, and from cont~sting the validity of said
$6,450,000.00 CITY OF LUBBOCK, TEXAS, GENERAL-OBLIGATION BONDS, SERIES 1980,
or the validity of provisions made for their payment or the issuance, sale or
delivery of said bonds or the restraint or hindrance of any contract lawfully
entered into pursuant to the purposes for which·said bonds were voted.
33. General Obligation Bonds Series 1980 subsequently issued, sold and
delivered_ under this Judgment may have stamped or written thereon the following
statement: "Validated and confirmed by a decree of the 237th District Court
of Lubbock County, Texas, rendered the ___ day of April, 1980, (being the
date of this Judgment when entered}, in Cause No. 98,215, entitled Ex Parte
..
. .
City of Lu~bock, Texas, which perpetually enjoins the institution of any suit,
action or proceeding involving the validity of this security or the provisions
. '
made for the payment of the principal and interest thereof." Said certificate
may be signed by the City Secretary or other official of the Issuer City of
Lubbock, Texas. Said signature may be by facsimile if authorized by the
governing body of the City of Lubbock, Texas.
34. The fees for attorney ad litem, Larry Elms, are hereby set in the
amount of $ _____ dollars and are taxed as cost to the Petitioner herein.
35. The Attorney General's Claim for expenses in the amount of$ ___ _
is hereby approved and taxed as cost to the Petitioner herein.
36. All other costs herein are taxed against the Petitioner, City of
Lubbock, Texas.
SIGNED, RENDERED AND ENTERED on this the 14th day of April, 1980.
JUDGE PRESIDING
APPROVED AS TO FORM ONLY:
JAMES P. BREWSTER, ATTORNEY FOR PETITIONER'S
LARRY ELMS, ATTORNEY. AD LITEM
SUSAN LEE Voss, ASSISTANT ATTORNEY GENERAL.
'
7r'-..7JJ e)-9 3-/tJ 3/
f-.21-7 J