CITY OF RAGER NOTICE OF A REGULAR MEETING Notice is hereby given that a Regular Meeting oft the Governing Body of the City of Ranger, Texas, will be held on Monday, April 26, 2021 at 5:30 p.m. in City Hall, 400 West Main Street Ranger, Texas. The following subjects will be discussed, to wit: Agenda Item 01: Call to Order- Mayor Pilgrim Roll Call/Quorum Check Invocation of Prayer Pledge of Allegiance to the United States Flag Pledge of Allegiance to the Texas Flag Agenda Item 02: Citizen's Presentation-At this time, anyone on the list will be allowed to speak on any matter other than personnel matters or matters under litigation, for a length of time not to exceed THREE: minutes. No Council/Board discussion or action may take place on a matter until such matter has been placed on an agenda and posted in accordance with. law. Agenda Item 03: Announcements from City Council or Staff-Comments may be made by council or staff, BUT NO ACTIONTAKEN on the following topics without specific notice. Those items include: Expressions of Thanks, Congratulations or Condolence; Information on Holiday schedules; Recognition of public officials, employees or citizens other than employees or officials whose status may be affected by the council through action; Reminders of community events or announcements involving an imminent threat to the public health and Agenda Item 04: Discuss/Consider: approval of the city council meeting minutes for the regular meeting on April 12, 2021. - Savannah Fortenberry, City Secretary Agenda Item 05: Discuss: the possibility of amending and replacing Ordinance No. 2015-05- Agenda Item 06: Discuss: the possibility of amending and replacing Ordinance No. 20060123- Agenda Item 07: Discuss: closing through traffic of one alley between Parcel 52494 allowing the City of Ranger to retain right of way and easements and installing gates for access.- Roman Agenda Item 08: Discuss: the repairs made on Ranger Fire Department Rescue 2. - Gerald safety oft the people of the municipality. 26-D. - Marguerite Williams, Citizen A and Ordinance No. 2007-10-08-03. - Marguerite Williams, Citizen Empire, Citizen Gunstanson, City Manger CITYOFRANGER COUNCIL MEETING AGENDA -L APRIL2 26,2021 CONTINUED Agenda Item 09: Discuss/Consider: amending the City of Ranger General and Utility Budget for the current fiscal year of 2020/2021, adjusting line items for revenues and expenditures. = Agenda Item 10: Discuss/Consider: all matters incidental and related to the issuance and sale of the City of Ranger, Texas General Obligation Refunding Bonds, Taxable Series 2021, including the adoption of Ordinance No. 2021-04-12-C authorizing the issuance of the bonds, establishing parameters for the sale and issuance ofs such bonds, and delegating certain matters to City officers to act on its behalfi in selling the bonds. - Gerald Gunstanson, City Manager Agenda Item 11: Discuss: initial draft ofai resolution that establishes a centralized Fee Schedule for all City Services, including various fees, licenses, permits, and rates charged by the City of Agenda Item 12: Discuss/Consider: SECOND AND FINAL READING OF ORDINANCE NO. 2021-04-12-A: AN ORDINANCE OF THE CITY OF RANGER, TEXAS, ADOPTING RULES AND RATES FOR THE. EVERGREEN CEMETERY; PROVIDING Al PENALTY CLAUSE; PROVIDING FOR SEVERABILITY; OPEN MEETING CLAUSES; AND ESTABLISHING AN EFFECTIVE DATE. -Robert Butler Commissioner Place 2 Savannah Fortenberry, Finance Director Ranger, Texas. - Robert Butler, Commissioner Place 2 Agenda Item 13: Discuss/Consider: Adjournment I, the undersigned authority, dol hereby certify that the above notice of meeting of the Governing Body of the City of true and correct copy of said notice on the bulletin board at the City Hall of the City of Ranger, a place convenient Ranger and isa available tot the general public at all times, and notice was posted by 5:30p p.m., April 23,2021 and remained posted for 72 readily hours preceding the scheduled time of the meeting. Sawanmalfertenbeny Savannah Fortenberry, Ranger City Secretary NOTICE OF ASSISTANCE The City council reserves the rightt to convene intol Executive Session concerning any oft thei items listed ont this agenda undert the authority oft the Mayor, whenever itis considered necessary and legally justified under the Open Meetings Act. Ranger City Hall and Council Chambers are wheelchair: accessible: and accessible parking spaces are available. Request for accommodation ori interpretive services must ber made 481 hours priort tot this meeting. Please contact City Secretary's office at (254)6 647-3522 fori information or assistance. Thisl Notice was removed from thec outside bulletin board on by Page 2 of2 CITY OF RAGER REGULAR MEETING MINUTES A Regular Meeting of the Governing Body of the City of] Ranger, Texas, was held on. Monday, April 12, 2021 at 5:30 p.m. in City Hall, 400 West Main Street Ranger, Texas. The following subjects were discussed, to wit: Honorable Joe Pilgrim CommissionerLarry, Monroe Commissioner Robert Butler Commissioner John Casey Commissioner Bittni Boykin City Manager Gerald Gunstanson City Secretary Savannah Fortenberry Public Works Director Robert Alvarez Agenda Item 01: Call to Order- Mayor Pilgrim COUNCIL MEMBERS AND CITY STAFF PRESENT: Mayor Place 1 Place 2 Place 3. Place 4- 5:31pm Roll Call/Quorum Check- Savannah Fortenberry Invocation of Prayer- John Casey Pledge of Allegiance to United States Flag- Mayor Pilgrim Pledge of Allegiance to Texas Flag- Mayor Pilgrim Agenda Item 02: Citizen's Presentation: 1.Johnny and Susie Rose spoke regarding the trash around people's! homes. Mr. Rose stated he was born in) Ranger and takes a lot of pride in his hometown. He would like people to start taking advantage of the free clean up days offered by the City. Mr. Rose would like the City to be more involved in having people clean up their Agenda Item 03: Announcements from City Council or Staff- 1. Commissioner Monroe announced the Veteran Support Group has postponed the gathering until April 24th due to weather. 2. Commissioner Monroe thanked Robert and the Public Works Crew for the job on Pine Street. 3. City Manager, Gerald Gunstanson, announced several attended the Chaplain Training held at the Cross Point Community Church. Mr. Gunstanson stated it is very beneficial Agenda Item 04: Discuss/Consider: approval of the city council meeting minutes for the regular meeting on March 22, 2021. Savannah Fortenberry, City Secretary *Motioned by Commissioner Casey to approve city council meeting minutes for the regular meeting on March 22, 2021 and Commissioner Butler 2nd the motion. All Ayes and Motion properties. for our community tol have trained chaplains. Passed. CITYOFRANGER COUNCIL MEETING MINUTES-APRIL 12,2 2021 CONTINUED Agenda Item 05: Discuss/Consider: approval of the CodeRED! Emergency Notification System. -Matt Fox, RVFD *Motioned by Commissioner Boykin to approve CodeRED Emergency Notification System and Agenda Item 06: Discuss/Consider: amending the City of Ranger General and Utility Budget for the current fiscal year of 2020/2021, adjusting line items for revenues and expenditures. - *Motioned by Commissioner Boykin to table Agenda Item 6 and Commissioner Casey 2nd the Agenda Item 07: Discuss/Consider: all matters incidental and related to the issuance and sale of the City of Ranger, Texas General Obligation Refunding Bonds, Tax-Exempt Series 2021, including the adoption of Ordinance No. 2021-04-12-B authorizing the issuance of the bonds, establishing parameters for the sale and issuance of such bonds, and delegating certain matters to City officers to act on its behalfi in selling the bonds. - Gerald Gunstanson, City Manager *Motioned by Commissioner Butler to approve the first reading of Ordinance No. 2021-04-12-B Agenda Item 08: Discuss/Consider: all matters incidental and related to the issuance and sale of the City of Ranger, Texas General Obligation Refunding Bonds, Taxable Series 2021, including the adoption of Ordinance No. 2021-04-12-C authorizing the issuance of the bonds, establishing parameters for the sale and issuance of such bonds, and delegating certain matters to City officers to act on its behalfi in selling the bonds. - Gerald Gunstanson, City Manager *Motioned by Commissioner Casey to decline Ordinance No. 2021-04-12-C and Commissioner Agenda Item 09: Discuss/Consider: RESOLUTION NO. 2021-04-12-1: A RESOLUTION OF THE CITY COMMISSION OF RANGER, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION TO' THE TEXAS DEPARTMENT OF AGRICULTURE FOR THE DOWNTOWN REVITALIZATION PROGRAM FUND; AND AUTHORIZING THE MAYOR AND' THE CITY MANAGERTO. ACT AS THE CITY'S EXECUTIVE OFFICERS AND AUTHORIZED REPRESENTATIVES IN ALL MATTERS PERTAINING TOTHE CITY'S PARTICIPATION INTHE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.- Gerald *Motioned by Commissioner Butler to decline Resolution No. 2021-04-12-I and Commissioner Commissioner Butler 2nd the motion. All Ayes and Motion Passed. Savannah Fortenberry, Finance Director motion. All Ayes and Motion Passed. and Commissioner Casey 2nd the motion. All Ayes and Motion Passed. Boykin 2nd the motion. All Ayes and Motion Passed. Gunstanson, City Manager Monroe 2nd the motion. Butler, Monroe, Casey -Ayes, Boykin-Nay. Page 2 of4 CITY OFI RANGER COUNCIL MEETING MINUTES-APRIL 12,2 2021 CONTINUED Agenda Item 10: Discuss/Consider: RESOLUTION NO. 2021-04-12-J: A RESOLUTION OF THE CITY COMMISSION OFT THE CITY OFRANGER, DETERMININGTHAT AN AREA OF THE CITY CONTAINS CONDITIONS WHICH ARE DETRIMENTALTO THE PUBLIC HEALTH, SAFETY,AND WELFARE OF THE COMMUNITY AND CONSTITUTES A *Motioned by Commissioner Casey to decline Resolution No. 2021-04-12-J and Commissioner Agenda Item 11: Discuss/Consider: RESOLUTION NO. 2021-04-12-K: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANGER, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT BLOCK GRANTI PROGRAM APPLICATION TOTHE TEXAS DEPARTMENT OF AGRICULTURE FOR THE 2021-2022 COMMUNITY DEVELOPMENT FUND; AND AUTHORIZING THE MAYOR OR CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICERS AND AUTHORIZED REPRESENTATIVES IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM-Gerald *Motioned by Commissioner Casey to approve Resolution No. 2021-04-12-K and Commissioner Agenda Item 12: Discuss/Consider: adopting a Citizen Participation Plan for the City of *Motioned by Commissioner Casey to adopt the Citizen Participation Plan for the City of Ranger and Commissioner Butler 2nd the motion. All Ayes and Motion Passed. Agenda Item 13: Discuss/Consider: publicizing Requests for Proposals (RFPs) for health insurance for City of Ranger employees. -John Casey, Commissioner Place 3 *Motioned by Commissioner Casey allowing the City to use a broker and gather requests for Proposals (RFPs) for health insurance for City of Ranger employees and Commissioner Boykin Agenda Item 14: Discuss/Consider: Establish and approve adjustments to. rates for Evergreen *Motioned by Commissioner Boykin to approve the adjustments to rates for Evergreen Cemetery Services and Commissioner Butler 2nd the motion. All Ayes and Motion Passed. Agenda Item 15: Discuss/Consider: approving the After Action Review on the 2021 Winter Storm impacts for the City of Ranger. -Robert Butler Commissioner Place 2 *Motioned by Commissioner Butler to approve the After Action Review on the 2021 Winter Storm impacts for the City of Ranger and Commissioner Monroe 2nd the motion. All Ayes and SLUM AND BLIGHTED AREA.- Gerald Gunstanson, City Manager Monroe 2nd the motion. Casey, Monroe, Butler -Ayes, Boykin-Nay. Gunstanson, City Manager Monroe 2nd the motion. All Ayes and Motion Passed. Ranger. - Gerald Gunstanson, City Manager 2nd the motion. All Ayes and Motion Passed. Cemetery services.-Larry. Monroe, Commissioner Place 1 Motion Passed. Page 3 of4 CITYOFRANGER COUNCIL MEETING MINUTES-APRIL 12, 2021 CONTINUED Agenda Item 16: Discuss/Consider: Ordinance No. 2021-04-12-A: AN ORDINANCE OFTHE CITY OF RANGER, TEXAS, ADOPTING RULES AND RATES FOR THEI EVERGREEN CEMETERY; PROVIDING A PENALTY CLAUSE; PROVIDING FOR SEVERABILITY; OPEN MEETING CLAUSES; AND ESTABLISHING AN EFFECTIVE DATE. -Robert Butler *Motioned by Commissioner Monroe to approve the first reading of Ordinance No. 2021-04-12- Agenda Item 17: Discuss/Consider: Consent Items; the Approval of Monthly Department Commissioner Place 2 A and Commissioner Boykin 2nd the motion. All Ayes and Motion Passed. Reports: Finance Report- Director Savannah! Fortenberry Library Report- Librarian Diana McCullough REDC 4A Report- President Gerald Gunstanson REDC 4B Report- President Steve Gerdes Municipal Court Report- Judge Tammy Archer Fire/EMS Report- Chief Darrel Fox Police Department- Asst. Chief Mike Luna Animal Control/Code Enforcement- Bradley Keyser Public Works Report- Director Robert Alvarez *Motion made by Commissioner Boykin for the approval of all the Consent Items; Monthly Department Reports, Commissioner Monroe 2nd the motion. All Ayes and Motion Passed. Agenda Item 18: Discuss/Consider: Adjournment- 7:54 pm *Motioned by Commissioner Casey to adjourn and Commissioner Monroe 2nd the motion. All Ayes and Motion Passed. These minutes were approved. on the 26th day ofApril, 2021 CITY OF RANGER, TEXAS Joe Pilgrim, Mayor ATTEST: Savannah Fortenberry, City Secretary Page 4 of4 CITY OF RAGER 400 West Main St (254) 647-3522 Phone Ranger, TX 76470 (254) 647-1407 Fax Joel Pilgrim - Mayor Gerald Gunstanson - City Manager Savannah Fortenberry - City Secretary Robert Alvarez - Public Works Director Tammy Archer- Municipal Judge Darrell Fox- Fire Chief DEGEIVER By. City Council Meeting Agenda Item Request and Information Sheet The deadlinet for submitting an agenda item request and supporting documentation for Council Member Agenda Packets is the Wednesday by 5PM prior tot the 72-Hour Posting oft the City Council meeting. Requests received after that time will be scheduled fort the following meeting. Please print or type alli information. Iti is the Requestors responsibilityt to provide all necessary documents. Requestor: Date Submitted: Meeting Date: rgumlew.laag 142021 420-21 Phone: 254-647-1329 Time Submitted: 4:50 Agenda Item TiteorAinance N0041349-4 Description: Dcucsachions atocdhance Recommended Action: Dalaaaal oldorhinance wthanew ocdingne CITIZEN SIGNATURE bule Attach any: supporting documents for Council Member Agenda packets. CITY OF RAGER 400 West Main St (254) 647-3522 Phone Ranger, TX76470 (254) 647-1407 Fax Joe Pilgrim - Mayor Gerald Gunstanson City Manager Savannah Fortenberry - City Secretary Robert Alvarez - Public Works Director Tammy Archer- Municipal, Judge Darrell Fox - Fire Chief DEGELVEN "er DU By. City Council Meeting Agenda Item Request and Information Sheet The deadline for submitting an agenda item request and supporting documentation for Council Member. Agenda Packets is the Wednesday by 5PM prior to the 72-Hour Posting of the City Council meeting. Requests received after that time willl bes scheduled for the following meeting. Please print or type alli information. Itist the Requestors responsibility to provide all necessary documents. Requestor: Date Submitted: Meeting Date: DauachWillàns 4-921 4-20-21 Phone: 254-647-1329 Time Submitted: 450 Agenda Item Title: Ordinance. No:20040n2and currentorinance No. 2057-10-08-03. Description: iseuss Sadhnedahhny Recommended Action: d-boahshlalayle olà wAsadiae requlating oullings and andhurc.ah.cay Texas, CITIZENSIGNATURE: Attach Mh Vls tor supporting documents Council Member Agenda packets. To city of ranger council for consideration. Iroman empire would like to permanently gate off2 alleys that surround my property. lown property on both sides oft the alley and would like to put in cattle corral gates sO unwanted people and our! local thieves do not steal from me. The gates will have padlocks on them with keys provided to fire department, city and utilities companies ift they need to have them. Alleys will not be blocked with The locks are not a requirement and Ican just have them on a hook but that will still leave easy access to Thank you. Map provided of my proposed block. My neighbor mr. Crawford is aware of me puttinga gate near his side of the property and has no problems with that. Otherwiselhave no other neighbors immobile equipment or objects to impede use in case of emergency. steal something and take off. Thisis up to city'sjudgement. that will need access to either alleys. Roman empire 112 elm st. ranger tx. Ae G EIVEN APRIA 2021 By Sa Sice 1 a Schedule1 REFUNDING ANALYSIS Ranger, TX Refund Series 2005 Preliminary/Subject to Change General Obligation Refunding Bonds, Taxable Series 2021 Refunded Debt Service $ 14,513 43,688 43,013 42,338 46,550 45,650 44,750 43,850 42,950 42,050 46,038 44,913 43,788 42,663 41,538 45,300 43,950 42,600 46,138 44,563 42,988 41,413 44,725 42,925 46,013 1,068,900 Debt Service New Refunding Fund Transfer Debt Service $ 10,185 $ Year 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 Savings $ 2,328 2,213 2,098 1,940 1,740 6,470 6,130 5,790 5,450 5,068 4,736 4,499 4,261 4,024 3,763 3,478 3,193 2,884 2,551 2,219 1,886 6,441 5,884 5,303 94,345 4.50% 3.66% $ 15,417 4,328 41,360 40,800 40,240 44,610 43,910 38,280 37,720 37,160 36,600 40,970 40,176 39,289 38,401 37,514 41,538 40,473 39,408 43,254 42,011 40,769 39,526 38,284 37,041 40,710 10,185 $ 964,371 Average Coupon of Refunded Bonds True Interest Cost (TIC) on Refunding Bonds Net Present Value Savings Percentage Savings of Refunded Bonds = 2.390% Note: Based on taxable interest rate indications on 4/16/2021. Assumes $43,800 DSRF Transfer. Savings illustrated are net of all estimated financing costs. HilltopSecurities AHilltopHoldings' Company. Schedule: 2 REFUNDING ANALYSIS Ranger, TX Refund Series 2005 General Obligation Refunding Bonds, Taxable Series 2021 Recommended Minimum Savings; for lllustration Only Refunded Debt Service $ 14,513 43,688 43,013 42,338 46,550 45,650 44,750 43,850 42,950 42,050 46,038 44,913 43,788 42,663 41,538 45,300 43,950 42,600 46,138 44,563 42,988 41,413 44,725 42,925 46,013 $ 1,068,900 Debt Service New Refunding Fund Transfer Debt Service $ 10,249 $ Year 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 Savings $ 2,469 2,007 1,577 1,115 5,596 5,094 4,654 4,271 3,928 3,588 3,248 2,938 2,655 2,397 2,138 1,871 1,634 1,428 1,249 1,099 957 809 5,552 5,187 4.50% 3.89% 506 4,264 41,219 41,006 40,761 45,435 40,054 39,656 39,196 38,679 38,122 42,449 41,664 40,849 40,008 39,141 43,162 42,079 40,966 44,710 43,313 41,889 40,456 43,916 37,373 40,826 10,249 $ 991,190 $ 67,461 Average Coupon of Refunded Bonds True Interest Cost (TIC) on Refunding Bonds Net Present Value Savings $ Percentage Savings of Refunded Bonds = .078% Note: Assumes $43,800 DSRF Transfer. Savings illustrated are net of all estimated financing costs. HilltopSecurities AHiltopHoldings Company. ORDINANCE NO. 2021-04-12-C ofthe CITY OF RANGER, TEXAS AUTHORIZING THE ISSUANCE OF CITY OF RANGER, TEXAS TAXABLE SERIES 2021 GENERAL OBLIGATION REFUNDING BONDS Table of Contents Section 1. Recitals, Amount, Purpose and Designation of the Bonds. 2 2 2 Section 2. Definitions Section 3. Delegation to Pricing Officer Section 4. Characteristics oft the Bonds. Section 5. Form of Bonds. Section 6. Tax Levy. 15 5 6 17 18 18 21 21 21 25 26 27 27 27 28 28 28 S-1 A-1 Section 7. Perfection of Security Interest Section 8. Defeasance of Bonds. Section 9. Damaged, Mutilated, Lost, Stolen, or Destroyed Bonds Section 10. Custody, Approval, and Registration of Bonds; Bond Counsel's Opinion, CUSIP Numbers and Contingent Insurance Provision, ifObtained. Section 11. Covenants Regarding Tax Exemption of Interest on the Bonds. Section 12. Sale of Bonds; Official Statement Section 13. Further Procedures; Appropriation. Section 14. Compliance with Rule 15c2-12 Section 15. Method of Amendment. Section 16. Redemption ofRefunded Obligations Section 17. Governing Law. Section 18. Severability. Section 19. Events of Default Section 20. Remedies for Default Section 21. Remedies Not Exclusive. Section 22. Effective Date. Schedule. I Schedule of Eligible Refunded Obligations. Exhibit A Written Procedures for Federal Tax Compliance Obligations. OBDRANCENO3IAHICACTMODNINCTIENLANCSLANCEOPCTYOTRANGER, TEXAS GENERAL OBLIGATION REFUNDING BONDS; APPOINTING A PRICING OFFICER AND DELEGATING TO THE PRICING OFFICER THE AUTHORITY TO APPROVE ON BEHALF OF THE CITY THE SELECTION OF BONDS TO BE REFUNDED, THE SALE OF THE BONDS, THE TERMS OF THE BONDS AND THE OFFERING DOCUMENTS FOR THE BONDS; ESTABLISHING CERTAIN PARAMETERS FOR THE APPROVAL OF SUCH MATTERS BY THE PRICING OFFICER; APPROVING THE USE OF AN ESCROW AGREEMENT AND A PAYING AGENTREGISTRAR AGREEMENT; ENGAGING BOND COUNSEL; LEVYING AN ANNUALADVALOREMTAXPORTHEPAYMENTOFTHE BONDS:ANDENACTING OTHER PROVISIONS RELATING: TOTHE SUBJECT THE STATE OF TEXAS EASTLAND COUNTY CITY OF RANGER $ $ WHEREAS, City of Ranger, Texas (the "Issuer") has previously issued, and there are presently outstanding, the obligations ofthe Issuer styled "City of Ranger, Texas Waterworks and Sewer System Revenue Bonds, Series 2005," which are currently outstanding in the principal amount of $645,000 (the "Eligible Refunded Obligations"); WHEREAS,thel Issuernow desirestor refund all or partofthel Eligiblel RefundedObigations, andt those Eligiblel Refunded Obligations designated by thel Pricing Officerint thel Pricing Certificate, each as defined below, to be refunded are herein referred to as the "Refunded Obligations"; WHEREAS, Chapter 1207,Texas Government Code( ("Chapter 1207"), authorizest thel Issuer toi issue refunding bonds and to deposit the proceeds from the sale thereof, and any other available funds or resources, directly with a place of payment (paying agent) for the Refunded Obligations, and such deposit, if made before such payment dates, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; and WHEREAS, the City Commission ofthel Issuerhereby finds and determinest thatitisapublic purpose andi int the besti interests ofthel Issuert to refund thel Refunded Obligations in ordertoa achieve a present value debt service savings, with such savings, among other information and terms to be included in a pricing certificate (the "Pricing Certificate") to be executed by the Pricing Officer (hereinafter designated), all in accordance with the provisions of Section 1207.007, Texas Government Code; WHEREAS, all the Refunded Obligations mature or are subject to redemption prior to WHEREAS, the bonds hereafter authorized are being issued and delivered pursuant to said WHEREAS, it is officially found, determined and declared that the meeting at which this Ordinance has been adopted was open to the public, and public notice oft the date, hour, place and maturity within 20 years oft the date of the bonds hereinafter authorized; Chapter 1207; and subject of said meeting, including this Ordinance, was given, all as required by the applicable provisions ofTex. Gov't Code Ann. ch. 551; NOW, THEREFORE BE IT ORDAINED BY THE CITY OF RANGER: Section 1. RECITALS, AMOUNT, PURPOSE AND DESIGNATION OF THE BONDS. (a) The recitals set forth in the preamble hereof are incorporated herein and shall have the (b) The bonds ofthel Issuera arel hereby authorizedt tol bei issued and deliveredi ini the maximum aggregate principal amount hereinafter: set forth fort the public purpose of providing funds to refund thel RefunddObigatiomsandi topayt the costs incurredi in connection withi thei issuance ofthel Bonds. (c) Each bond issued pursuant to this Ordinance shall be designated (unless otherwise provided in the Pricing Certificate): "CITY OF RANGER, TEXAS GENERAL OBLIGATION REFUNDING BOND, TAXABLE SERIES 2021," and initially there shall be issued, sold, and delivered hereunder fully registered Bonds, without interest coupons, payable to the respective registered owners thereof (with the initial bonds being made payable to the initial purchaser as described in Section 12 hereof), or to the registered assignee or assignees of said bonds or any portion or portions thereof (in each case, the "Registered Owner"). The Bonds shall be in the respective denominations and principal amounts, shall be numbered, shall mature and be payable on the date or dates in each oft the years and in the principal amounts or amounts due at maturity, as applicable, and shall bear interest to their respective dates of maturity or redemption, if applicable, prior to maturity at the rates per annum, as set forth in the Pricing Certificate. Section 2. DEFINITIONS. Unless otherwise expressly provided or unless the context clearly requires otherwise in this Ordinance, the following term shall have the meanings specified same force and effect as ifs set forth in this Section. below: "Bonds" means and includes the Bonds initially issued and delivered pursuant to this Ordinance and all substitute Bonds exchanged therefor, as well as all other substitute bonds and replacement bonds issued pursuant hereto, and the term "Bond" shall mean any oft the Bonds. Section 3. DELEGATION TO PRICING OFFICER. (a) As authorized by Section 1207.007, Texas Government Code, as amended, the Mayor or the City Manager are each individually hereby authorized to act on behalfofthe Issuer ins selling and delivering the Bonds (of which officers, the officer executing the Pricing Certificate shall be hereinafter referred to as, and shall for all purposes be, the "Pricing Officer") in one or more series, determining which of the Eligible Refunded Obligations shall be refunded and carrying out the other procedures specified in this Ordinance, including, determining the date ofthe Bonds, any additional or different designation ort title by which the Bonds shall bel known, the price at which the Bonds will be sold, the years in which the Bonds will mature, the principal amount to mature in each of such years, the rate of interest to be borne by each such maturity, the interest payment and record dates, the price and 2 terms, ifa any, upon and at which the Bonds shall be subject to redemption prior to maturity at the option of the Issuer, as well as any mandatory sinking fund redemption provisions, whether the Bonds shall be issued on a tax-exempt basis or on a taxable basis, whether the Bonds shall be designated as "qualified tax-exempt obligations" as defined in section 265(b)(3) of the Internal Revenue Caleariv6asmemdue "Code"), a that may be used as Defeasance Securities, modifying thel Issuersundertaking: pursuant tol Rule 15c2-12 as set forth in Section 14 hereof, and establishing all other matters relating to thei issuance, sale, and delivery ofthe Bonds and the refunding oft thel Refunded Obligations, including without limitation establishing the redemption date for and effecting the redemption ofthel Refunded Obligations and obtaining bond insurance if bond insurance is deemed beneficial to the Issuer to achieve the objectives ofthe refunding, all ofwhich shalll be pecifiedinacertificate: ofthel Pricing Officer (the "Pricing Certificate"); provided that: (i) the aggregate original principal amount oft the Bonds issued hereunder shall not exceed $1,000,000; (ii) no Bond shall mature after February 15,2045; (iri) the true interest cost for the Bonds shall not exceed 4.50%; and (iv) the refunding achieved by the Bonds sold in accordance with this Ordinance must produce gross debt service savings of at least $60,000 as a comparison oft the debt service on the Bonds to the debt service of the Refunded Obligations, with such savings to be net of any Issuer contribution to the refunding and net of the costs ofissuance. (b) Ine establishing the aggregate principal amount of the Bonds, the Pricing Officer shall establish an amount not exceeding the amount authorized in Subsection (a) above, which shall be sufficient in amount toj provide fort the purposes forv which the Bonds are: authorized. and toj pay costs of issuing the Bonds. The delegation made hereby shall expire if not exercised by the Pricing Officer on or prior to the date that is six months after the adoption of this Ordinance. The Bonds shall be sold at such price, with and subject to such terms as set forth in the Pricing Certificate. (c) The Bonds may be issued as Current Interest Bonds or Capital Appreciation Bonds, or ac combination thereof, as set forth in the Pricing Certificate. The Bonds may be sold by public offering (eitherthroughar negotiated or competitive offering) or by private placement. Ifthe Bonds are sold by private placement, thel Pricing Certificate shall sO state, and the Pricing Certificate may make changes to this Ordinance to effect such private placement, including the provisions hereof that pertain to the book-entry-only procedures (including eliminating the book-entry-only system of registrations, payment and transfers) and to the provisions of Section 14 hereof relating to the Rule 15c2-12undertaking: (including eliminating or replacing such undertaking with an agreement toj provide alternative disclosure information). In addition, ift the Bonds are sold in more than one series, and one of such series is an issue with respect to which the interest on the Bonds of such series is not exempt from federal income taxation, the Pricing Certificate shall sO state and may 3 make changes to this Ordinance to effect such taxable issuance, including, specifically providing that the covenants of Section 11 hereof shall not be applicable to such series. (d) In the event any of the Bonds are issued as Capital Appreciation Bonds, the Pricing Certificate shall have attached thereto a schedule which sets forth the rounded original principal amounts at the issuance date for the Capital Appreciation Bonds and the Compounded Amounts thereof(per $5,000 payment at maturity), including the initial premium, ifany, as of each date and commencing on the date set forth in such schedule. (e) Iti is hereby found and determined that the refunding of the Refunded Obligations is advisable and necessary in order to restructure the debt service requirements oft the Issuer, and that the debt service requirements on the Bonds will be less than those on the Refunded Obligations, resulting in a reduction int the amount of principal and interest which otherwise would bej payable. The Refunded Obligations are subject to redemption, at the option oft the Issuer, and the Pricing Officeri is hereby authorized to cause all ofthe Refunded Obligations tol be called forredemption on the respective date or dates consistent with the savings analysis set forthi in Section 3(a)(iv) hereof, and the proper notices ofsuch redemptioni tol be given, and ine each case ata ar redemption price ofpar, plus accrued interest tot the date fixed forredemption. Ini furtherancec ofauthority granted by Section 1207.007(b), Texas Government Code, the Pricing Officer is further authorized to enter into and execute on behalf of the Issuer with the escrow agent named therein, an escrow agreement, in substantially the formj presented to the City Commission at the meeting at which this Ordinance was adopted and as shall be approved by the Pricing Officer, which escrow agreement will provide for the payment in fullofthe Refunded Obligations (the' "Escrow Agreement"). Inaddition, the Pricing Officer is authorized to purchase such securities with proceeds oft the Bonds, including, without limitation, to execute such subscriptions for the purchase oft the United States Treasury Securities State and Local Government Series or other United States Treasury or United States Agency securities that may be purchased in the open market, and to transfer and deposit such cash from available funds, as may be necessary or appropriate for the escrow fund described in the Escrow Agreement. (f) In satisfaction of Section 1201.022()3)(B), Texas Government Code, the City Commission! hereby determines that the delegation ofthe authority tot the Pricing Officert to approve the final terms oft the Bonds set forth in this Ordinance is, and the decisions made by the Pricing Officer pursuant to such delegated authority and incorporated into the Pricing Certificate will be, in the Issuer's best interests, and thel Pricing Officeri is hereby authorized to make and include in the Pricing Certificate a finding to that effect. Section4. CHARACTERISTICSOFTHE. BONDS. (a). Registration." Transfer. Conversion and Exchange. The Issuer shall keep or cause tol bel kept at thej principal corporate trust office ofthe bank named in the Pricing Certificate as the paying agent/registrar for the Bonds (the "Paying Agent/Registrar") books or records for the registration oft the transfer, conversion and exchange of the Bonds (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such registrations of transfers, conversions and exchanges under such reasonable regulations as the Issuer and Paying 4 Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such registrations, transfers, comvemiomsmdechngsat herein provided withinthreed daysofpresentationin due and proper form. The Paying Agent/Registrar shall obtain and record in the Registration Books the address oft the registered owner ofeach Bond to which payments with respect to thel Bonds shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit theiri inspection by any other entity. The Issuers shall pay thel Paying Agent/Registrars standard or customary fees and charges for making such registration, transfer, conversion, exchange and delivery of a substitute Bond or Bonds. Registration of assignments, transfers, conversions and exchanges of Bonds shall be made in the manner provided and with the effect stated int the FORMO OF BOND: set forthi int this Ordinance. Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond. (b) Authentication. Except as provided in Section 4(e) hereof, an authorized representative ofthe Paying Agent/Registrar shall, before the delivery ofa any such Bond, date and manually sign said Bond, and no such Bond shall be deemed tol bei issued or outstanding unless such Bondissoex- ecuted. The Paying Agent/Registrar promptly shall cancel all paid Bonds and Bonds surrendered for conversion and exchange. No additional ordinances, orders or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person sO as to accomplish the foregoing conversion and exchangeo ofany Bond or portion thereof, and thel Paying Agent/Registrar shall provide for the printing, execution and delivery of the substitute Bonds in the manner prescribed herein. Pursuant to Subchapter D, Chapter 1201, Texas Government Code, the duty of memamdecamgeaflonbaaireaidaheh, imposed uponthel Paying Agent/Registrar, and, upon the execution of said Bond, the converted and exchanged Bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Bonds which initially were issued and delivered pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. (c) Payment of Bonds and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal ofand interest on the Bonds, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Bonds, and ofa all conversions and exchanges ofBonds, and all replatementsofBonds: as provided int this Ordinance. However, int the event ofa nonpayment ofinterest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, ifand when funds for the payment ofs suchi interest have beenre received from thel Issuer. Notice ofthe Special Record! Date and ofthe scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each registered owner appearing on the Registration Books at the close ofbusiness on the last business day next preceding the date of mailing of such notice. 5 (d) Substitute Paying Agent/Registrar. The Issuer covenants with the registered owners of thel Bonds that at all times while the Bonds are outstanding the Issuer willj provide a competent and legally qualified bank, trust company, financiali intituionoroherageney to act as and perform the services of Paying Agent/Registrar for the Bonds under this Ordinance, and that the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 50 days written notice tot the Paying Agent/Registrar, to be effective not later than 45 days prior to the next principal or interest payment date afters such notice. Int the event that the entity at any time acting as Paying Agent/Registrar (ori its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act asl Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfera and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Bonds, tot the new Paying Agent/Registrar designated and appointed by thel Issuer. Upon any change in thel Paying Agent/Registrar, thel Issuer promptly will causea a written notice thereofto bes sent by the new Paying Agent/Registrar to each registered owner ofthe Bonds, by United States mail, first-classpostage) prepaid, whichnoticealsos shall givet thea address ofthenew Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar: shall be deemed to have agreed tot thej provisions ofthis Ordinance, and a certified copy oft this Ordinance shall be delivered to each Paying Agent/Registrar. (e) General Characteristics of the Bonds. The Bonds (i) shall be issued in fully registered form, without interest coupons, with the principal ofand interest on such Bonds to bej payable only to the Registered Owners thereof, (ii) may be redeemed prior to theirs scheduled maturities (notice ofwhich shall be given to the Paying Agent/Registrar by thel Issuer at least 35 days priort to any such redemption date), (iii) may be transferred and assigned, (iv) may be converted and exchanged for other Bonds, (v) shall have the characteristics, (vi) shall be signed, sealed, executed and authenticated, (vii) the principal of and interest on the Bonds shall be payable, and (viii) shall be administered and the Paying Agent/Registrar and the Issuer shall have certain duties and responsibilities with respect to the Bonds, all as provided, and in the manner and to the effect as required or indicated, in the FORM OF BOND set forth in this Ordinance. The Bonds initially issuedand delivered pursuant to this Ordinance ist not required tol be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Bond issued in conversion of and exchange for any Bond or Bonds issued under this Ordinance the Paying Agent/Registrar shall execute the Paying Agent/registrar's Authentication Certificate, in the FORM OF BOND set forth in this Ordinance. (f) Book-Entry Only System. The Bonds issued in exchange for the Bonds initially issued tot the purchaser specified herein shall be initially issued in the form of a separate single fully registered Bond for each ofthe maturities thereof. Upominitialisumse.tkeconemhipof-achseh Bond shall be registered int the name of Cede & Co., asi nominee ofThe Depository Trust Company ofNew York( ("DTC"),ande except as providedi ins subsection (g)hereof, allofthec outstanding Bonds shall be registered in the name of Cede & Co., as nominee ofDTC. 6 With respect to Bonds registered int the name ofCede & Co., as nominee ofDTC, thel Issuer and the Paying Agent/Registrar shall have no responsibility or obligation to any securities brokers and dealers, banks, trust companies, clearing corporations and certain otherorganizations. on whose behalf DTC was created ("DTC Participant") to hold securities to facilitate the clearance and settlement ofs securities transactions among DTC Participants or to any person on behalfofwhom such al DTCI Participant holds an interest int the Bonds. Without limiting the immediately preceding sentence, thel Issuer and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy ofthe records ofDTC, Cede & Co. or any DTC Participant with respect toany ownership interest int the Bonds, (ii) the delivery to any DTC Participant or any other person, other than a registered owner of Bonds, as shown on the Registration Books, of any notice with respect to the Bonds, or (ini) the payment to any DTC Participant or any other person, other than a registered owner of Bonds, as shown in the Registration Books of any amount with respect to principal ofo ori interest on the Bonds. Notwithstanding. any other provision ofthis Ordinance to the contrary, thel Issuer andi thel Paying Agent/Registrar: shall bee entitled to treat and consider thej person in whose name each Bond is registered in the Registration Books as the absolute owner of such Bond fort the purpose ofpayment ofprincipal and interest with respect to such Bond, forthej purpose of registering transfers with respect to such Bond, and for all other purposes whatsoever. The Paying Agent/Registrar shall pay all principal ofand interest on thel Bonds only to or upon the order ofthe registered owners, as shown int thel Registration Books as provided int this Ordinance, ort their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to payment of principal of and interest on the Bonds to the extent oft the sum or sums sO paid. Noj person other than a registered owner, ass shownint thel Registration! Books, shallreceive: al Bond certificate evidencingt thec obligation ofthe Issuer to make payments of principal andi interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks being mailed to the registered owner at the close ofbusiness on the Record date, the words "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. (g) Successor Securities Depository: Transfers Outside Book-Entry Only System. In the event that the Issuer determines that DTC is incapable of discharging its responsibilities described herein and in the representation letter of the Issuer to DTC or that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the Issuer shall (i) appointasuccessor: securitiesd epostoquaifadipactas: such under Section 17Aofthe Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the appointment of such successor securities depository and transfer one or more separate Bonds to such successor securities depository or (ii) notify DTC and DTC Participants oft the availability through DTC of Bonds and transfer one or more separate Bonds to DTCI Participants having Bonds credited toi their DTC accounts. In such event, the Bonds shall no longer be restricted to being registered in the Registration Books in the name of Cede & Co., as nominee ofDTC, but may be registered in the nameofthe: successor: securities eposiooritsmomine, orinwhatevern name or namesn registered owners transferring or exchanging Bonds shall designate, in accordance with the provisions ofthis Ordinance. 7 (h) Payments to Cede &Co. Notwithstanding any other provision oft this Ordinance tot the contrary, SO long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments withr respect toj principal ofand interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the representation letter of the Issuer to DTC. () Cancellation of Initial Bonds. On the closing date, one initial Bond representing the entire principal amount of the Current Interest Bonds and one initial Bond representing the entire maturity amount oft the Capital Appreciation Bonds, payable in stated installments to the order of the initial purchaser oft the Bonds or its designee, executed by manual or facsimile signature ofthe Mayora and City Secretary,a approved by the Attorney GeneralofTexas, andi registered and manually signed by the Comptroller of Public Accounts of the State of Texas, will be delivered to such purchaser or its designee. Upon payment for the initial Bonds, the Paying Agent/Registrar shall cancel the initial Bond orl Bonds and deliver to The Depository Trust Company ("DTC") on behalf of such purchaser one registered definitive Bond for each year of maturity of the Bonds, in the aggregate principal amount ofall ofthe Bonds fors such maturity, registered int the name ofCede & Co., as nominee ofDTC. To the extent that thel Paying Agent/Registrari is eligible toj participate in DTC's FAST System, pursuant to an agreement between thel Paying Agent/Registrar andl DTC, the Paying Agent/Registrar shall hold the definitive Bonds in safekeeping for DTC. () Conditional Notice of Redemption. With respect to any optional redemption of the Bonds, unless certain prerequisites to such redemption required by this Ordinance have been met and moneys sufficient to pay the principal ofand premium, ifany, and interest on the Bonds to be redeemed shall have been received by thel Paying Agent/Registrar prior to the giving ofsuchr notice of redemption, such notice shall state that said redemption may, at the option of the Issuer, be conditional upon the satisfaction of such prerequisites and receipt of such moneys by the Paying Agent/Registrar on or priort to the date fixed for suchi redemption, or upon any prerequisite set forth in such notice ofredemption. Ifa conditional notice ofredemption is given and suchj prerequisites tot ther redemption and sufficient moneys arer not received, such notice shalll be ofnoi force and effect, the Issuer shall not redeem such Bonds and the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to the effect that the Bonds have not been redeemed. Section 5. FORM OF BONDS. The form of the Bonds, including the form of Paying Agent/Registrar's Authentication Certificate, the form of Assignment and the form of Registration Certificate oft the Comptroller of Public Accounts oft the State ofTexas tol be attached to the Bonds initially issued and delivered pursuant to this Ordinance, shall be, respectively, substantially as follows, withsuchappropriate variations, omisionsorinseriomssar, permitted or required by this Ordinance, and with thel Bonds tol be completed withi information set forthi int thel Pricing Certificate. The Form of Bond shall be completed with information set forth int thel Pricing Certificate and shall be attached to the Pricing Certificate as an exhibit thereto. (a) [Form of Bond] 8 NO.R- UNITED STATES OF AMERICA STATE OF TEXAS CITY OF RANGER, TEXAS GENERAL OBLIGATION REFUNDING BOND TAXABLE SERIES 2021 PRINCIPAL AMOUNT $ DATE OF INITIAL DELIVERY OF BONDS INTEREST RATE % MATURITY DATE CUSIP NO. 2021 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS ON THE MATURITY DATE specified above, the City of Ranger, in Eastland County, Texas (the "Issuer"), being aj political subdivision and municipal corporation ofthe State ofTexas, hereby promises to pay to the Registered Owner specified above, or registered assigns (hereinafter called the "Registered Owner"), on the Maturity Date specified above, the Principal Amount specified above. The Issuer promises to pay interest on the unpaid principal amount hereof (calculated on the basis ofa 360-day year oft twelve 30-day months) from Interest Rate per annum specified above. Interest is payable on at the and semiannually on each and thereafter to the Maturity Date specified above, or the date of redemption prior to maturity; except, ifthis Bond is required to be authenticated and the date ofits authentication is later than the first Record Date (hereinafter defined), such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date ofauthentication is after any Record Date but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date; provided, however, that if on the date of authentication hereof the interest on the Bond orl Bonds, ifany, for which this Bond is being exchanged is due but has not been paid, then this Bond shall bear interest from the date to which such interest has been paid in full. THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States ofA America, without exchange or collection charges. Thej principal ofthis Bond shall be paid to the registered owner hereofupon presentation and surrender ofthis Bond at maturity, or upon the date fixed for its redemption prior to maturity, at the principal corporate trust office of Bond. The payment ofi interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check or draft, dated as of such interest payment date, drawn by thel Paying Agent/Registrar on, and payable solely from, funds ofthel Issuer required by the ordinance authorizing the issuance oft this Bond (the "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check in which ist the "Paying Agent/Registrar" forthis 9 or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at its address as it appeared on the fifteenth day oft the month preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. In addition, interest may be paid by such other method, acceptable tot thel Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. In the event of a non-payment ofinterest on as scheduled payment date, and for 30 days thereafter, a new record date for such interest payment (a" "Special Record Date") willl be established by the Paying Agent/Registrar, ifand when funds for thej payment ofs such interest havel been received from thel Issuer. Notice ofthe Special Record Date and ofthes scheduled payment date ofthe past duei interest (which shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each owner of a Bond appearing on the Registration Books at the close of business on the last business day next preceding the date of mailing of such notice. ANY ACCRUED INTEREST due at maturity or upon the redemption ofthis Bond prior to maturity as provided herein shall be paid to the registered owner upon presentation and surrender of this Bond for payment or redemption at the designated corporate trust office of the Paying Agent/Registrar. Thel Issuer covenants with thei registered owner ofthis Bondi that on or before each principal payment date and interest payment date for this Bond it will make available to thel Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts required toj provide for the payment, ini immediately available funds, ofall principal of and interest ont the Bonds, when due. IF THE DATE for any payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday or a day on which banking institutions in the city where the principal corporate trust office oft the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall bet the next succeeding day thati ist not such a Saturday, Sunday, legal holiday or day on which banking institutions are authorizedi to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS BOND is one ofas series ofl Bonds dated authorized in accordance with the Constitution and laws oft the State ofTexas int the principal amount of$ purpose of providing funds to refund aj portion ofthe Issuer's outstanding obligations. fort the ON ord on any date thereafter, the Bonds ofthis series that mature on orafter may bei redeemed prior to1 their scheduledi maturities, at the option ofthel Issuer, with funds derived from any available and lawful source, as a whole, or inj part, and, ifinj part, the particular Bonds, or portions thereof, to be redeemed shall bes selected and designated by thel Issuer (provided that a portion of al Bond may be redeemed only in an integral multiple of $5,000), ata a redemptionp price equal tot thej principal amount tol bei redeemed plus accruedi interest toi the date fixed for redemption. 10 ATLEAST: 30 days prior tot the date fixed for any redemption ofl Bonds or portions thereof priort tor maturity a written notice ofs such redemption: shall be sent by thel Paying Agent/Registrar by United States mail, first-class postage prepaid, at least 30 days prior to the date fixed for any such redemption, to the registered owner ofe each Bond to bei redeemed ati its address as ita appeared on the 45th day prior to such redemption date; provided, however, that the failure oft the registered owner to receive such notice, or any defect therein ori in the sending or mailing thereof, shall not affect the validity or effectiveness oft the proceedings for the redemption of any Bond. By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for thej payment oft the required redemption price for the Bonds or portions thereof that are to be SO redeemed. If such written notice of redemption is sent and if due provision for such payment is made, all as provided above, thel Bonds or portionsthereofthat: aret to bes SO1 redeemedi thereby automatically. shall bet treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right ofthe registered owner to receive the redemption price from the Paying Agent/Registrar out ofthe funds provided for suchj payment. Ifa portion ofany Bond shall be redeemed, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integralmultiple of$5,000, at the written requestofthe registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Bond Ordinance. ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest coupons, in the denomination ofa any integral multiple of $5,000. As provided ini thel Bond Ordinance, this Bond may, at thei request ofthe registered owner or the assignee or assignees hereof, beassigned,t transferred, convertedi into and exchanged: foral like aggregate principal amountoffully registered Bonds, without interest coupons, payable to the appropriate registered owner, assignee or assignees, as the case may be, having the same denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee or assignees, as the case may be, upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. Among other requirements for such assignment and transfer, this Bond must be presented and surrendered tot the Paying Agent/Registrar, togetherwith; proper instruments ofassignment, ini form and with guarantee ofsignatures satisfactory toi the Paying Agent/Registrar, evidencing assignment ofthis Bond or any portion or portions hereofin any integral multiple of$5,000 to the assignee or assignees in whose name or names this Bond or any such portion or portions hereofi is or are to be registered. The form of Assignment printed or endorsed on this Bond may be executed by the registered owner to evidence the assignment hereof, but such method is not exclusive, and other instruments ofa assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment ofthis] Bond or any portion or portions hereof fromi time to timel by the registeredo lowner. The Paying Agent/Registrar's reasonable standard or customary fees and charges for assigning, transferring, converting and exchanging any Bond or portion thereofwill be paid by the Issuer. In any circumstance, any taxes or governmental charges required to be paid with respect thereto shall be paid by the one requesting such assignment, transfer, conversion or exchange, as a condition precedent to the exercise of such privilege. The Paying Agent/Registrar shall not be required to 11 make any such transfer, conversion, or exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or (ii) withi respect to any Bond or any portion thereofcalled for redemption prior to maturity, within 45 days prior to its redemption date. INTHEEVENTanyl Paying Agent/Registrar fort thel Bondsi is changed by thel Issuer, resigns, orotherwise ceases to act as such, the Issuerk has covenanted in the Bond Ordinance that itj promptly will appoint a competent and legally qualified substitute therefor, and cause written notice thereof tol be mailed to the registered owners oft the Bonds. ITISI HEREBY certified, recited and covenanted that this Bond has been duly and validly authorized, issued and delivered; that all acts, conditions and things required or proper to be performed, exista and be done precedentt toorint thea authorization, issuance and delivery ofthis Bond have been performed, existed and been done in accordance with law; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Bond, as such interest comes due and suchp principal matures, have been levied and ordered to be levied against all taxable property ins said Issuer, and havel been! pledged for such payment, within the limitj prescribed by law, all as provided in the Bond Ordinance. THE ISSUER HAS RESERVED THE RIGHT to amend the Bond Ordinance as provided therein, and under some (but not all) circumstances amendments thereto must be approved by the registered owners ofa majority in aggregate principal amount oft the outstanding Bonds. BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all oft the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records oft the governing body oft the Issuer, and agrees that the terms and provisions oft this Bond and the Bond Ordinance constitute a contract between each registered owner hereofand the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or facsimile signature oft the Mayor oft the Issuer (ori in the absence oft the Mayor, by the Mayor Pro- tem) and countersigned with the manual or facsimile signature oft the City Secretary oft the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Bond. (signature) City Secretary (signature) Mayor (SEAL) 12 (b) [Form of Paying Agent/Registrar's Authentication Certificate] PAYING AGENTREGISTRARS AUTHENTICATION CERTIFICATE (Tol be executed ift this Bond is not accompanied by an executed Registration Certificate oft the Comptroller rofPublic Accounts of the State ofTexas) Itis hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in the text of this Bond; and that this Bond has been issued in conversion or replacement of, or in exchange for, a Bond, Bonds, or a portion ofa Bond or Bonds ofas series that originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State ofTexas. Dated: Paying Agent/Registrar Authorized Representative By: (c) [Form of Assignment ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto Please insert Social Security or Taxpayer Identification Number ofTransferee: Please print or typewrite name and address, including zip code ofTransferee: the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney, tor register the transfer of the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: 13 NOTICE: Signature(s) must be guaranteed by NOTICE: Thes signature above must correspond ane eligible guarantor institution participating in with the name of the registered owner as it a securities transfer association recognized appears upon the front of this Bond in every signature guarantee program. particular, without alteration or enlargement or any change whatsoever. (d) [Form of Registration Certificate of the Comptroller of Public Accounts] COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. Ihereby certify that this Bond has been examined, certified as to validity and the Attorney General of the State of Texas, and that this Bond has been registered approved by the by Comptroller of Public Accounts oft the State of Texas. Witness my signature and seal this ComptrollerofPubic. Accounts ofthe State ofTexas (COMPTROLLERS SEAL) (e) [Initial Bond Insertions] (i) The initial Bond shall be in the form set forth is paragraph (a) of this Section, except that: A. immediately under the name of the Bond, the headings "Interest Rate" and "Maturity Date" shall both be completed with the words "As shown B. the first paragraph shall be deleted and the following will be inserted: below" and "CUSIPI No. " shall be deleted. "THE CITY OF RANGER, TEXAS, in Eastland County, Texas (the "Issuer"), political subdivision and municipal corporation ofthe State ofTexas, hereby promises to pay being to the RegsterdOwperspeifid: labove, or registered asigns@rereinafterealled: the' "Registered Owner"), a per on ineacho ofthe years, in the principalir installments and bearing interest at the annum rates set forth ini the following schedule: Principal Amounts Interest Rates Principal Amounts Interest Rates Years Years 14 The Issuer promises to pay interest on the unpaid principal amount hereof (calculated on the basis ofa 360-day year oftwelve 30-day months): from annum specified above. Interest is payable on at the respective Interest Rate per and semiannually on each and thereafter to the date of payment of the principal installment specified above, or the date ofredemption prior to maturity; except, that ifthis Bond ist required to be authenticated and the date of its authentication is later than the first Record Date (hereinafter defined), such Principal Amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date; provided, however, that ifo on the date of authentication hereof the interest on the Bond or Bonds, if any, for which this Bond is being exchanged is due but has not been paid, then this Bond shall bear interest from the date to which such interest has been paid in full." C. The Initial Bond shall be numbered "T-1." Section 6. TAXLEVY. A special "Interest and Sinking Fund" is hereby created and shall be established and maintained by the Issuer at an official depository bank of said Issuer. Said Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of said Issuer, and shall be used only for paying the interest on and principal ofs said Bonds. All amounts received from thes sale ofthel Bonds as accrued interest shall be deposited upon receipt to thel Interest and Sinking Fund, and all ad valorem taxes levied and collected for and on account of said Bonds shall be deposited, as collected, to the credit ofs said Interest and Sinking Fund. During each year while anyofsaid] Bonds are outstanding: andunpaid, the governing body ofsaid Issuers shallcompute and ascertain a rate and amount of ad valorem tax that will be sufficient to raise and produce the money required to pay the interest on said Bonds as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of said Bonds as such principal matures (but never. less than 2% of the original amount ofs said Bonds as a sinking fund each year); and said tax shall be based on the latest approved taxi rolls ofsaid Issuer, withf full allowances being made fort tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in said Issuer, for each year while any of said Bonds are outstanding and unpaid, and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of said Bonds, ass suchi interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. Iflawfully available moneysofthel Issuer are actually on deposit int the Interest and Sinking Fundi in advance ofthet time when ad valorem taxes are scheduled to be levied forany year, then the amount oftaxes that otherwise would have been required tol be levied pursuant 15 to this Section may be reduced tot the extent and by the amount ofthe lawfully availablei funds then on deposit in the Interest and Sinking Fund. Section 7. PERFECTION OF SECURITY INTEREST. Chapter 1208, Texas Government Code, applies to the issuance of the Bonds and the pledge ofthe taxes granted by the Issuer under this Section, andi ist therefore valid, effective, and perfected. Should Texas law be amended at any time whilet thel Bondsarec outstanding and unpaid, ther resultofsuchamendment beingt that thej pledge of the taxes granted by the Issuer under this Section is to be subject to the filing requirements of Chapter 9, Business & Commerce Code, in order to preserve to the registered owners ofthe Bonds a security interest in said pledge, the Issuer agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, Business & Commerce Code and enable a filing of a security interest in said pledge to occur. Section 8. DEFEASANCE OF BONDS. (a) Any Bond and the interest thereon shall be deemed to be paid, retired, and no longer outstanding (a "Defeased Bond") within the meaning of this Ordinance, except to the extent provided ins subsection (d)ofthis Section, when payment ofthe principal ofsuch Bond, plusi interest thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar in accordance with an escrow grememtoroherinsirume: (the' "Futurel Escrow. Agremamt)orsuchpaymmt0)lwiulmoms) ofthe United States of America sufficient to make such payment or (2) Defeasance Securities that mature as toj principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with thel Paying Agent/Registrar for the payment ofits services until alll Defeased Bonds shall have become due and payable. Atsuch time as al Bond shall be deemed tol be al Defeased Bond hereunder, as aforesaid, suchl Bond and thei interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Defeasance Securities, and thereafter the Issuer will have no further responsibility with respect to amounts available to the Paying Agent/Registrar (or other financial institution permitted by applicable law) for the payment of such Defeased Bonds, including any insufficiency therein caused by the failure of the Paying Agent/Registrar (or other financial institution permitted by applicable law) to receive payment when due on the Deteasance Securities. Notwithstanding: any otherprovisionofthis Ordinancei tot the contrary,i itish hereby provided thata any determination not to redeem Defeased Bonds that is made in conjunction with the payment arrangements specified ins subsection 8(a)(i) or (ii) shall not bei irrevocable, provided that: (I)in the proceedings providing fors suchj payment arrangements, the Issuer expressly reserves the right to call the Defeased Bonds for redemption; (2). gives notice oft the reservation oft that right to the owners of the Defeased Bonds immediately following the making of the payment arrangements; and (3) directs that notice of the reservation be included in any redemption notices that it authorizes. (b) Any moneys SO deposited with the Paying Agent/Registrar may at the written direction ofthel Issueralso! be invested inl Defeasance Securities, maturing int the amounts and timesa as herein- 16 before set forth, and all income from such Defeasance Securities received by the Paying Agent/Registrart that ist not required for the payment ofthel Bonds and interest thereon, with respect to which such money has been SO deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. Any Future Escrow Agreement pursuant to which the money and/or Defeasance Securities are held for the payment ofDefeased Bonds may contain provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or the substitution of other Defeasance Securities upon the satisfaction oft the requirements specified in subsection 8(a)(i) or (ii). All income from such Defeasance Securities received by the Paying AsemRegstarwhichimotn required fort the payment ofthel Defeased Bonds, with respect to which such money has been SO deposited, shall be remitted to the Issuer or deposited as directed in writing by the Issuer. (c) Theterm Defeasance Securities" means any securities and obligations now or hereafter authorized by State law that are eligible to refund, retire or otherwise discharge obligations such as the Bonds. (d) Until all Defeased Bonds shall have become due and payable, the Paying Agent/Registrar shall perform the services ofl Paying Agent/Registrar for such Defeased Bonds the same asifthey had not been defeased, and the Issuers shall make propera arrangements to provide and pay for such services as required by this Ordinance. (e) Int the event that thel Issuer electst to defease less than all ofthe principal amount ofBonds ofamaturity, thel Paying Agent/Registrar shall select, or cause tol bes selected, such amount ofE Bonds by such random method as it deems fair and appropriate. Section 9. DAMAGED, MUTILATED, LOST,STOLEN, OR DESTROYED BONDS. (a) Replacement Bonds. In the event any outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, thel Paying Agent/Registrar: shall causet tol bep printed, executed, and delivered, ai new! bond ofthe same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement for such Bond ini the manner hereinafter provided. (b) Application for Replacement Bonds. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Bonds shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case ofloss, theft, or destruction ofal Bond, the registered owner applying fora a replacement bond shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Bond, the registered owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction oft the loss, theft, or destruction ofs such Bond. In every case of damage or mutilation ofa Bond, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Bond SO damaged or mutilated. (c) No Default Occurred. Notwithstanding the foregoing provisions oft this Section, in the event any such Bond shall have matured, and no default has occurred which is then continuing in 17 thej payment oft thej principal of ori interest ont the Bond, the Issuer may authorize the payment ofthe same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is furnished as above provided in this Section. (d) Charge for Issuing Replacement Bonds. Prior tot the issuance ofa any replacement bond, the Paying Agent/Registrar shall charge the registered owner ofsuch Bond with all legal, printing, and other expenses in connection therewith. Every replacement bond issued pursuant to the provisions of this Section by virtue of the fact that any Bond is lost, stolen, or destroyed shall constitute a contractual obligation ofthe Issuer whether or not the lost, stolen, or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Bonds duly issued under this Ordinance. (e) Authority for Issuing Replacement Bonds. In accordance with Subchapter B, Chapter 1206, Texas Government Code, this Section shall constitute authority for the issuance ofa any such replacement bond without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such bonds is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Bonds in the form and manner and with the effect, as provided in Section 4(b) oft this Ordinance for Bonds issued in conversion and exchange for other Bonds. Section 10. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND COUNSEL'S OPINION, CUSIP NUMBERS AND CONTINGENT INSURANCE PROVISION, IFC OBTAINED. Thel Mayorofthel Issueri is hereby authorized tol have control ofthe Bonds initially issued and delivered hereunder and all necessary records and proceedings pertaining to the Bonds pending their delivery and theiri investigation, examination, and approval by the Attorney General of the State ofTexas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration ofthe Bonds: said ComptrollerofPublic. Accounts (ora deputy designated iny writing to act forsaid Comptroller): shall manually sign the Comptroller's Registration Certificate attached to such Bonds, and the seal ofs said Comptrollers shall bei impressed, or placed in facsimile, on such Certificate. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the optiond ofthe Issuer, be printed ont thel Bonds issued and delivered under this Ordinance, but neither shall have any legal effect, and shall be solely for the convenience and information oft the registered owners oft the Bonds. Ifbond insurance is obtained, the Bonds may bear an appropriate legend as provided by the insurer. Section 11. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE BONDS. Subject to the determination oft the Pricing Officer, as set forth int the Pricing Certificate astothet treatment ofthel Bonds as taxable ort tax-exempto obligations pursuant tot the Code, the Issuer makes the following covenants with respect to the Bonds, int the event that the Bonds are issued as obligations the interest on which is exempt from federal income taxation. 18 (a) Covenants. The Issuer covenants to take any action necessary to assure, or refrain from any action which would adversely affect, the treatment of the Bonds as obligations described in section 103 ofthe Code, the interest on which is not includable in the "gross income" oft the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows: (1) to take any action to assure that no more than 10 percent of the proceeds oft the Bonds or the projects financed therewith (less amounts deposited to a reserve fund, ifany) are used for any "private business use," as defined in section 141(b)(6) oft the Code or, if more than 10 percent of the proceeds or the projects financed therewith are SO used, such amounts, whether or not received by thel Issuer, with respect to such private business use, do not, under the terms ofthis Ordinance or any underlying arrangement, directly ori indirectly, secure or provide for the payment ofmore than 10j percent oft the debt service on thel Bonds, in contravention of section 141(b)(2) oft the Code; (2) to take any action to assure that in the event that the "private business use" described in subsection (1) hereof exceeds 5 percent oft the proceeds oft the Bonds or the projects financed therewith (less amounts deposited into a reserve fund, ifany) then the amount in excess of5 5 percenti is used for a' "private business use" which is' "related" and not disproportionatc,'withinthemaningohsetiion14100)ofhe Code,t tot the governmental use; (3) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or 5j percent ofthej proceeds oft the Bonds (less amounts deposited into ar reserve fund, ifany)i is directly ori indirectly usedt tof financel loans toj persons, otherthans state orl local governmental units, in contravention of section 141(c) oft the Code; (4) to refrain from taking any action which would otherwise result in the Bonds being treated as "private activity bonds" within the meaning of section 141(b)ofthe Code; (5) to refrain from taking any action that would result int the Bonds being' "federally (6) to refrain from using any portion of the proceeds of the Bonds, directly or indirectly, to acquire or to replace funds which were used, directly ori indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) which produces a materially higheryieldovert the term oft thel Bonds, other thani investment property acquired guaranteed" within the meaning ofs section 149(b) oft the Code; with : (A) proceeds oft the Bonds invested for a reasonable temporary period of3 years or less or, ini the case ofar refunding bond, for aj period of90 days or less until such proceeds are needed for the purpose for which the bonds are issued, (B) amounts invested in a bona fide debt service fund, within the meaning ofsection 1.148-1(b) of the Treasury Regulations, and 19 (C) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the (7) to otherwise restrict the use oft the proceeds ofthe Bonds or amounts treated as proceeds ofthe Bonds, as may be necessary, sO that thel Bonds do not otherwise contravene Bonds; the requirements of section 148 oft the Code (relating to arbitrage); (8) to refrain from using the proceeds oft the Bonds or proceeds of any prior bonds top pay debt service on another issue more than 90 days after the date ofissue oft the Bonds in contravention of the requirements of section 149(d) of the Code (relating to advance refundings); and (9) toj pay to the United States of America at least once during each: five-year period (beginning ont the date ofdelivery ofthel Bonds) ana amount thati is at least equal to 90j percent ofthe "Excess Earnings," " within the meaning ofs section 148(f) ofthe Code and toj payt to the United States of America, not later than 60 days after the Bonds have been paid in full, 100 percent oft the amount then required to be paid as a result ofl Excess Earnings under section (b)! Rebate Fund. In order to facilitate compliance with the above covenant (8), a "Rebate Fund" is hereby established by thel Issuer for the sole benefit oft the United States of America, and such fund shall not be subject to the claim of any other person, including without limitation the bondholders. The Rebate Fundi is established for the additional Purposeofcompliance with section 148(f) oft the Code. 148 oft the Code. (c) Proceeds. The Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case ofr refunding bonds, transferred proceeds (ifany) and proceeds oft the Refunded Obligations expended prior to the date ofissuance ofthe Bonds. Itis the understanding ofthel Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department ofthe Treasury pursuant thereto. In the event that regulations or rulings arel hereafter promulgated which modify or expand provisions ofthe Code, as applicable tot thel Bonds, the Issuer will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally recognized bond counsel, will not adversely affect the exemption: from federal income taxation ofinterest on the Bonds under section 103 ofthe Code. In the event that regulationsorrulings: are! hereafterpromulgated whichi impose additional requirements which are applicable to the Bonds, the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally recognized bond counsel, to preserve the exemption from federal income taxation ofinterest on the Bonds under section 103ofthe Code. In furtherance of such intention, the Issuer hereby authorizes and directs the Mayor or the City Manager to execute any documents, certificates or reports required by the Code and to make such elections, on behalf oft the Issuer, which may be permitted by the Code as are consistent with the purpose for the issuance oft the Bonds. 20 (d) DispositionofProiect. The Issuer covenants that thej projects funded with the proceeds oft the Refunded Obligations will not be sold or otherwise disposed ofin at transaction resulting in the receipt by the Issuer of cash or other compensation, unless any action taken in connection with such disposition will not adversely affect the tax-exempt status oft the Bonds. For purpose of the foregoing, the Issuer may rely on an opinion ofnationally-recognized bond counsel that the action taken in connection with such sale or other disposition will not adversely affect the tax-exempt status ofthel Bonds. Forj purposes ofthe foregoing, the portion ofthe property comprising personal property and disposed in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income ofthe interest. (e) Designation as QualifiedT Tax-Exempt Obligations. Subject to the determination oft the Pricing Officer in the Pricing Certificate that the Bonds are issued as obligations the interest on which is exempt from federal income taxation, then, in such event (but subject to any contrary statement that may be contained in the Pricing Certificate) the Issuer hereby designates the Bonds as' "qualified tax-exempt obligations": as defined in section 265(b)(3)ofthe Code, conditioned upon thel Purchaser certifying that the aggregatei initialo offering priceofthel Bondstot the public (excluding any accruedi interest)i is no greaterthan $10million (or such other amount permitted by such section 265 oft the Code). Assuming such condition is met, in furtherance ofs such designation, the Issuer represents, covenants and warrants the following: (a) that during the calendar year in which the Bonds are issued, the Issuer (including any subordinate entities) has not designated nor will designate obligations, which when aggregated witht thel Bonds, will resulti in more than $10,000,000 (or such other amount permitted by such section 265 of the Code) of "qualified tax-exempt obligations" being issued; (b) that the Issuer reasonably anticipates that the amount oftax-exempt obligations issued during the calendar year in which the Bonds are issued, by the Issuer (or any subordinate entities) will not exceed $10,000,000 (or such other amount permitted by such section 265 of the Code); and, (c) that the Issuer will take such action or refrain from such action as necessary, and as more particularly set forth in this Section, in order that the Bonds will not be considered "private activity bonds" within the meaning ofs section 141 oft the Code. Section 12. SALE OF BONDS; OFFICIAL STATEMENT. (a) The Bonds shall be sold and delivered: subject to the provisions of Section 1 and Section 3and pursuant to the terms and provisions ofal bond purchase agreement, notice ofsale and bidding instructions or private placement agreement (collectively, the "Purchase Agreement") which the Pricing Officeri is hereby authorized to execute and deliverandi iny which thej purchaser or purchasers (collectively, the "Purchaser") of the Bonds shall be designated. The Bonds shall initially be registered in the name oft the purchaser thereof as set forth in the Pricing Certificate. (b) The Pricing Officer is hereby authorized, in the name and on behalf of the Issuer, to approve, dahusamdainerapaininw, official statement andaf fnmiofsalisuememtrehmintg to the Bonds to be used by the Purchaser in the marketing oft the Bonds. 21 Section 13. FURTHER PROCEDURES; ENGAGEMENT OF BOND COUNSEL; APPROPRIATION. (a) Thel Mayor orl Mayor Pro-tem and City Secretary ofthel Issuer and the City Manager oft the Issuer and all other officers, employees and agents of the Issuer, and each oft them, shall be and they are hereby expressly authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the Issuer a Paying Agent/Registrar Agreement with the Paying Agent/Registrar in substantially the form presented to the City Commission at thei meeting at which this Ordinance was adopted and all otheri instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisionsofthis Ordinance, thel eterorkepresemtation, the Bonds, thes sale ofthe Bonds andi the Official Statement. Nonwithsandinganyhing to the contrary contained herein, while thel Bonds are subject to DTC's Book-Entry Only System and to the extent permitted by law, the Letter of Representations is hereby incorporated herein and its provisions shall prevail over any other provisions of this Ordinance in the event of conflict. In case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery ofs such Bond, such signature shall nevertheless be valid and sufficient for all purposes the same as ifs such officer had remained in office until such delivery. (b) The obligation oft thei initial purchasers to accept delivery ofthe Bonds is subject to the initial purchasers being furnished withi the final, approving opinion ofMcCall, Parkhurst & Horton L.L.P., bond counsel to the Issuer, which opinion shall be dated as ofa and delivered on the date of initial delivery ofthe Bonds toi the initial purchasers. The engagement ofsuchi firm as bondo counsel to the Issuer in connection with issuance, sale and delivery of the Bonds is hereby approved and confirmed. The execution and delivery of an engagement letter between the Issuer and such firm, with respect tos such services as bond counsel, isl hereby authorized insuch form asi may be approved by the Mayor, Mayor Pro-tem or the City Manager are hereby authorized to execute such engagement letter. (c) Toj pay the debt service coming due on the Bonds, ifany (as determined by the Pricing Certificate) prior to receipt ofthet taxes levied toj pay such debt service, there is hereby appropriated from current funds onl hand, which arel hereby certifiedi tol be on hand and available: fors such purpose, an amount sufficient to pay such debt service, and such amount shall be used for no other purpose. Section 14. COMPLIANCE WITH RULE 15c2-12. (a) If the Bonds are sold by public offering, and are subject to the Rule (as defined (i) Definitions. As used int this Section, the following terms have thei meanings ascribed to "Financial Obligation" means a( (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) guarantee of a debt obligation or any such derivative instrument; provided that' "financial obligation" shall noti include municipal securities as to whichai final below), the following provisions shall apply: such terms below: 22 official statement (as defined in the Rule) has beenj provided to the MSRB consistent with the Rule. "MSRB" means the Municipal Securities Rulemaking City Commission. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. (i) Annual Reports. (A) The Issuer shall provide annually to thel MSRB, in the electronic format prescribed by thel MSRB, financial information and operating data with respect to thel Issuer consisting ofthei information described int thel Pricing Certificate (the' "Annual Operating Report"). The Issuer willa additionally provide financial statements ofthel Issuer (the' "Financial Statements"), that will be (i) prepared in accordance with the accounting principles described in the Pricing Certificate or such other accounting principles as the Issuer may be required to employ from time to time pursuant to State law or regulation and shall bei ins substantially the formi included int thei final Official Statement and (ii) audited, ifthel Issuer commissions an audit ofsuch Financial Statements and the audit is completed within the period during which they must be provided. The Issuer will update and provide the Annual Operating Report within six months aftert the end ofeach fiscal year andi the Financial Statements within 12 months ofthe end ofeach: fiscal year, in each case beginning with the fiscal year ending in and after 2021. The Issuer may provide the Financial Statements earlier, including at the time it provides its Annual Operating Report, but if the audit of such Financial Statementsi isnoto complete within 12months aftera any such fiscal year end, then thel Issuer shall file unaudited Financial Statements within such 12-month period and audited Financial Statements for the applicable fiscal year, when and ifthe audit report on such Financial Statements becomes available. (B) Ifthe Issuer changes its fiscal year, it will notify the MSRB oft the change (and of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required top provide financial information and operating data pursuant to this Section. The financial information and operating data tol bej provided pursuant tot this Section may bes set forthi ini fullinone or more documents or may be included by specific reference to any documents available to the public on the MSRB's internet website or filed with the SEC. (ii) Event Notices. The Issuer shall notify the MSRB, in a timely manner: not in excess of ten Business Days after the occurrence oft the event, ofany oft the following events with respect to the Bonds: 1. 2. 3. 4. 5. Principal and interest payment delinquencies; Non-payment related defaults, if material; Unscheduled draws on debt service reserves reflecting financial difficulties; Unscheduled draws on credit enhancements reflecting financial difficulties; Substitution ofcredit or liquidity providers, or their failure to perform; 23 6. Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations oftaxability, Notices ofProposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status oft the Bonds; Modifications to rights of holders oft the Bonds, if material; Bond calls, ifmaterial, and tender offers; 7. 8. 9. Defeasances; material; 11. Rating changes; 10. Release, substitution, or sale of property securing repayment of the Bonds, if 12. Bankruptcy, insolvency, receivership or similar event ofthe Issuer; 13. The consummation ofar merger, consolidation, or acquisition involving the Issueror thes sale ofall or substantially all ofthe assets ofthe Issuer, other than int the ordinary course ofbusiness, the entry into a definitive agreement to undertake such an action ort the termination ofa definitive agreement relating to any such actions, other than 14. Appointment of a successor Paying Agent/Registrar or change in the name oft the 15. Incurrence of a Financial Obligation of the Issuer, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms ofa Financial Obligation oft the Issuer, any ofwhich affect security holders, ifmaterial; 16. Default, event of acceleration, termination event, modification of terms, or other similar events under the terms ofal Financial Obligation ofthe Issuer, any ofwhich pursuant to its terms, ifr material; Paying Agent/Registrar, ifmaterial; and reflect financial difficulties. The Issuer shall notify the MSRB, in a timely manner, of any failure by the Issuer to provide financialinformation: oro operating data ina accordance with subsection (ii)ofthis Section by thet time required by subsection (ii). As used in clause (iii)12 above, the phrase "bankruptcy, insolvency, receivership or similar event" means the appointment ofai receiver, fiscal agent or similar officer forthel aapsednyaraus Bankruptcy Code ori nysepsdiçuakraue ori federal - has dwtdstwoery all of the assets or business of the Issuer, or ifjurisdiction has been assumed by leaving the City Commission and officials or officers oft the Issuer in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by ac court or governmental authority having supervision orjurisdiction over substantially all ofthe assets or business oft the Issuer. (iv) Limitations. Disclaimers. and Amendments. (A) The Issuer shall be obligated to observe and perform the covenants specified in this Section for SO long as, but only for SO long as, the Issuer remains an obligated person" with respect to the Bonds within the meaning ofthe Rule, except that the Issuer in any event will give notice of any deposit made in accordance with this Ordinance or applicable law that causes the Bonds no longer to be outstanding. (B) The provisions of this Section are for the sole benefit of the registered owners and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any 24 benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update anyi information providedi ina accordance withthis Section or otherwise, except as expressly provided herein. The Issuer does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. (C) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON_INCONTRACTRACTORTORI,FOR. DAMAGESR RESULTINGIN' WHOLEORINPART FROMANYI BREACHBYTHE ISSUER, WHETHERNEGLIGENTOR WITHOUTFAULTON ITS PART, OF ANY COVENANT SPECIFIED INTHIS SECTION, BUT EVERYI RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (D) No default by the Issuer in observing or performing its obligations under this Section shall comprise al breach ofor default under the Ordinance forp purposes ofany otherp provisionofthis Ordinance. Nothing int this Section isi intended or shall act to disclaim, waive, or otherwise limit the duties of the Issuer under federal and state securities laws. (E) The provisions ofthis Section may be amended by the Issuer from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, ora changei int thei identity, nature, status, ortypeofoperations: ofthel Issuer, but only if(1)the provisions ofthis Section, as sO amended, would have permitted an underwriter to purchase or sell Bonds in thej primary offering ofthe Bonds in compliance with thel Rule, takingi into account any amendments or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) the registered owners ofa majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Bonds consent to such amendment or (b) aj person that is unaffiliated with the Issuer (such as nationally recognized bond counsel) determined that such amendment will not materially impair the interest of the registered owners and beneficial owners of the Bonds. Ifthe Issuer SO amends the provisions oft this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (b) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data SO provided. The Issuer may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision ofthel Rule orac court offinalj jurisdiction entersj judgment that such provisions ofthel Rule are invalid, but only ifand to the extent that the provisions oft this sentence would not prevent an underwriter from lawfully purchasing or selling Bonds in the primary offering oft the Bonds. 25 (b) Ifthe Bonds are sold by private placement or are nots subject to the Rule, the Pricing Officermay: agreet top provide fora an undertaking in accordance with thel Rule or may agree toj provide other publici information to the purchaser as may be necessary for the sale oft the Bonds on the most favorable terms to the Issuer, or neither. Section 15. METHOD OF AMENDMENT. The Issuer hereby reserves the right to amend (a) The Issuer may from time to time, without the consent of any Registered Owner, except taso otherwiserequired dbyparagraph O)lbowamanderwplement this Ordinancet to( (i)cure any ambiguity, defect or omission in this Ordinance that does not materially adversely affect the interests of the Registered Owners, (ii) grant additional rights or security for the benefit of the Registered Owners, (iri) add events of default as shall not bei inconsistent with thej provisions ofthis Ordinance and that shall not materially adversely affect the interests oft the Registered Owners, (v) qualify this Ordinance under the Trust Indenture Act of 1939, as amended, or corresponding provisions of federal laws from time to time in effect, or (iv) make such other provisions in regard to matters or questions arising under this Ordinance as shall not be materially inconsistent with the provisionsofthist Ordinance: andi thats shallnot,i int the ophiomofnationly-resogiz-dbondoumel, this Ordinance subject to the following terms and conditions, to-wit: materially adversely affect the interests of the Registered Owners. (b) Except as provided inj paragraph (a) above, a majority of the Registered Owners of Bonds then outstanding measured by original principal amount that are the subject ofa proposed amendment shall have the right from time to time to approve any amendment hereto that may be deemed necessary or desirable by the Issuer; provided, however, that without the consent of 100% of the Registered Owners in aggregate principal amount oft the then outstanding Bonds, nothing herein contained shall permit or be construed toj permit amendment oft the terms and conditions of this Ordinance or in any oft the Bonds sO as to: (1) Make any change in the maturity of any of the outstanding Bonds; (2) Reduce the rate of interest borne by any of the outstanding Bonds; (3) Reduce the amount of the principal of, or redemption premium, if any, (4) Modify the terms of payment of principal or of interest or redemption premium on outstanding Bonds or any ofthem or impose any condition with payable on any outstanding Bonds; respect to such payment; or (5) Change the minimum percentage of the principal amount of the Bonds necessary for consent to such amendment. 26 (c) Ifata any time the Issuer shall desire to amend this Ordinance under this Section, the Issuer shall send by U.S. mailto to each registered downerofthe: affected Bondsa a copy ofthe proposed amendment. (d) Whenever at any time within one year from the date of mailing of such notice the Issuer shall receive an instrument or instruments executed by the Registered Owners of at leasta majority in: aggregate pimcipalamoumtofallofie. Bonds then outstanding that are required forthe amendment (or 100% if such amendment is made in accordance with paragraph (b), which instrument or instruments shall refer to the proposed amendment and which shall specifically consent to and approve such amendment, the Issuer may adopt the amendment in substantially the same form. (e) Upon the adoption of any amendatory Ordinance pursuant to the provisions ofthis Section, this Ordinance shall be deemed to be modified and amended in accordance with such amendatory Ordinance, and the respective rights, duties, and obligations of the Issuer and all Registered Owners ofs such affected Bonds shall thereafter be determined, exercised, and enforced, subject in all respects to such amendment. (f) Any consent given by the Registered Owner ofal Bond pursuant to thej provisions of this Section shall bei irrevocable for aj period ofs six months from the date of such consent and shall be conclusive and binding upon all future Registered Owners ofthe same. Bond during such period. Such consent may be revoked at any time after six months from the date of said consent by the Registered Owner who gave: such consent, orb bya as successorint title, by filing notice with the Issuer, but such revocation shall not be effective if the Registered Owners the required amount of the affected Bondsthenoutstanding. have, priortot the attempted: drevocation, consentedto: and approved the amendment. (g) For the purposes ofe establishing ownership ofthel Bonds, the Issuer shall rely solely upon the registration oft the ownership of such Bonds on the Registration Books kept by thel Paying Agent/Registrar. Section 16. REDEMPTION OF REFUNDED OBLIGATIONS. (a) Subject to execution and delivery oft the Purchase Agreement with the Purchaser, the Issuerh hereby directs that the Refunded Obligations be called for redemption on the dates and at the prices set forth in the Pricing Certificate. (b) The paying agent/registrar for the Refunded Obligations is hereby directed to provide thea appropriate noticeo ofredemptionasi required by thel Refunded Obligations andi isl hereby directed to make appropriate arrangements sO that the Refunded Obligations may be redeemed on the appropriate redemption date. (c) Ifthe redemption of the Refunded Obligations results in the partial refunding of any maturity ofthe Refunded Obligations, the Pricing Officer shall direct thej paying agent/registrar for 27 thel Refunded Obligations to designate at random and by lot which ofthel Refunded Obligations will be payable from and secured solely from ad valorem taxes ofthe Issuer pursuant to the order ofthe Issuer authorizing the issuance of such Refunded Obligations (the "Refunded Bond Ordinance"). For purposes of such determination and designation, all Refunded Obligations registered in denominations greater than $5,000 shall be considered to be registered in separate $5,000 denominations. The paying agent/registrar shall notify by first-class mail all registered owners of all affected bonds ofs such maturities that: (i) aj portion ofs such bonds have been refunded and are secured until final maturity solely with cash and investments maintained by the Escrow. Agenti tin the Escrow Fund, (ii) the principal amount of all affected bonds of such maturities registered in the name of such registered owner that have been refunded and are payable solely from cash and investments in the Escrow Fund and the remaining principal amount ofall affected bonds ofs such maturities registered in the name ofs such registered owner, ifa any, have not been refunded and are payable and secureds solely fromad valoremtaxesofthe Issuer describedi ini thel Refunded Obligation Ordinance, (iii) the registered owner is required to submit his or her Refunded Obligations to the paying agent/registrar, for the purposes of re-registering such registered owner's bonds and assigning new CUSIP numbers in order to distinguish the source of payment for the principal and interest on such bonds, and (iv) payment of principal ofand interest on such bonds may, in some circumstances, be delayed until such bonds have been re-registered and new CUSIP numbers have been assigned as required by (ii) above. (d) The source of funds for payment of the principal of and interest on the Refunded Obligations on their respective maturity or redemption dates shall bei from the funds deposited with the Escrow Agent, pursuant to thel Escrow Agreement approved in Section 3 ofthis Ordinance, or from amounts deposited witht thep payingagentregistrar: fort thel Refunded Obligations from proceeds ofthe Bonds, ift there is no Escrow Agreement. Section 17. GOVERNING LAW. This Ordinance shall be construed and enforced in Section 18. SEVERABILITY. Ifany provision ofthis Ordinance or the application thereof to any circumstance shall be held tol bei invalid, the remainder oft this Ordinance and the application thereofto other circumstances shall nevertheless be valid, and this governing body hereby declares accordance with the laws of the State ofTexas and the United States of America. that this Ordinance would have been enacted without such invalid provision. Section 19. EVENTS OF DEFAULT. Each oft the following occurrences or events for the purpose ofthis Ordinance is hereby declared tol be an event of default (an Event of Default"): (i) the failure to make payment of the principal of or interest on any oft the Current Interest Bonds or thel Maturity Valueofthe Capital Appreciation Bonds when the same becomes due (ii) defaulti int the performance or observance ofany other covenant, agreement or obligation of the Issuer, the failure to perform which materially, adversely affects the rights of the Registered Owners, including, but not limited to, their prospect or ability to be repaid in and payable; or 28 accordance with this Ordinance, and the continuation thereof for a period of 60 days after Section 20. REMEDIES FOR DEFAULT. (a) Upont thel happening ofany EventofDefault, thena and ine every case, any Owner crmauhvtiadepeemaihe thereof, including, buti not limited to, a trustee or trustees therefor, may proceed against the Issuer for the purpose of protecting and enforcing the rights of the Owners under this Ordinance, by mandamus or other suit, action or special proceeding ine equity oratl law,i inany cutofcompempuriaiation fora any reliefpermitted by law, including the specific performance of any covenant or agreement contained herein, or thereby to enjoin any act or thing that may be unlawful or in violation of any right of the Owners notice of such default is given by any Registered Owner to the Issuer. hereunder or any combination of such remedies. equal benefit of all Owners of Bonds then outstanding. (b) It is provided that all such proceedings shall be instituted and maintained for the Section 21. REMEDIES NOTI EXCLUSIVE. (a) No remedy herein conferred or reserved is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative: and shall bei in addition to every otherr remedy given hereunderoru under thel Bonds or now or hereafter existing atl law or in equity; provided, however, that notwithstanding any other provision ofthis Ordinance, the right to accelerate the debt evidenced by the Bonds shall not be available as a remedy under this Ordinance. (b) The exercise ofany remedy herein conferred or reserved shall not be deemed a waiver (c) Byacceptingi the delivery ofal Bond: authorized undert this Ordinance, such Owneragrees that the certifications required to effectuate any covenants or representations contained in this Ordinance dor not and: shall never constitute or giver rise to aj personal or pecuniary liability or charge against the officers, employees or trustees of the Issuer or the City Commission. ofany other available remedy. Section 22. EFFECTIVE DATE. In accordance with the provisions of V.T.C.A., Government Code, Section 1201.028, this Ordinance shall be effective immediately upon its adoption by the City Commission. 29 Draft Fee Schedule Rate Discussion April 2021 NOTE: Not part of Fee Schedule = For awareness only. Tax Levy on Real and Personal Property for the year 2020 (per Ordinance 2020-09-28-B): $0.699000 per $100.00 of property value. Delinquency penalties apply for late payment. CURRENT FEE LIST BY ORDINANCE: A. Water/Wastewater Service Rates and Fees Standard residential connection, 5/8x3/4 meter: Tap on other side of street, add: (a) One inch meter connection and tap: (b) Two-inch meter connection and tap: Other side of street tap charges for b and C: (c) Wastewater system connection - 4 inch: Wastewater system connection - 6 inch: Other side of street tap: 2. Security Deposit Rate: 3. Service Charge Rate: 1. Tap fee rates. $1000.00 $450.00 $1750.00 $2750.00 $450.00 $750.00 $1500.00 $450.00 $150.00 $50 (d) Extension of lines - tap fees plus cost plus 25% 4. Rates for Water and Meter Service. (a) Residential minimum charge per meter, up to 2000 gallons: (b) For each 1000 gallons of water metered over 2000: (c) Commercial - Single entity rate. Where a commercial unit, Business Esedmet customer entity receives service off a For each 1000 gallons of water metered over 2000 gallons (d) Commercial - Master meter rate: (More than one unit, customer, or # ofunits X $36.60 (plus $8.30 per 1000 gallons over minimum X#o of $39.00 $9.00 meter. The first 2000 gallons: and any proportionate amount: Establishments off of one meter. $76.00 $9.00 1 Draft Fee Schedule Rate Discussion April 2021 Customers. Outside city limits - The following rates will be charged to all customers for water service provided outside the city limits. (e) The first 2000 gallons of water used are included in the minimum charge: () Meter test. A water meter test will be performed at the request of the customer. Ifthe meter is found to be slow, less than 98%, the customer will be charged: (h) Termination at owner's request. The requested charge rate is: $39.50 $9.50 $75.00 $25.00 $25.00 For each 1000 gallons above the 2000 gallon minimum: (g) Disconnecting charge: 4A. Ranger College and Ranger ISD. Water minimum: Each 1000 gallons over minimum: Sewer minimum: 5. Rates for Bulk Water: 0-1000 gallons: $36.00 $7.00 $120.00 $25.00 $10.00 Each additional 1,000 gallons 6. Wastewater. Residential Commerciall I Commercial II Commercial III $45.00 $60.00 $120.00 $240.00 $15.00 $100.00 Multi-unit complex (per unit): 7. TCEQ Backflow Tester Certification (annually) B. Solid Wastes. Minimum monthly charge residential (per unit): $25.00 $15.00 Each additional unit: Commercial/industrial rates: 2 Draft Fee Schedule Rate Discussion April 2021 96 gallon container once per week: 96 gallon container twice per week: 1.5 cu. Yd. dumpster 1.5 cu. Yd. dumpster 2.0cu. Yd. dumpster 2.0 cu. Yd. dumpster 3.0 cu. Yd. dumpster 3.0cu. Yd. dumpster 4.0 cu. Yd. dumpster 4.0 cu. Yd. dumpster $25.00 N/A $60.00 $90.00 $65.00 N/A $110.00 $190.00 $130.00 $220.00 once per week: twice per week: once per week: twice per week: once per week: twice per week: once per week: twice per week: C. Collection Center Residential Rates: Pick-up truck 10-12' Trailer (4'sides) 14-16' Trailer (4'sides) 20-30' Trailer (4'side) $15.00 $30.00 $40.00 $60.00 $20.00 each $5.00 each Refrigerators, freezers, and alc units Passenger tires (without rims) NOTE: Contractors are double amount listed above. D. Cemetery Rates: Administrative Fee Locate Plot Plot (Casket Burial) Urn - Placement on a plot with a casket. Urn Plot (Urn Burial only) $25.00 - (Admin actions, i.e., Plot Deed transfer) $30.00 $255.00 $70.00 $280.00 Plot may be used for urns only and up to four urns can be placed on plot. Each urn must be registered with city hall. E. Animal Control Rates: (2008) 3 Draft Fee Schedule Rate Discussion April 2021 1. Standard licensing fee: (for all animals four months of age or older) NOTE: You must submit proof of rabies vaccination. Unneutered dog or cat (annually) Neutered dog or cat (annually) Other animals (annually) $5.00 $3.00 $3.00 $500.00 $100.00 $50.00 $50.00 $50.00 2. Permits: Circus/Zoo Commercial Animal Enterprise Multiple Animal Owner Guard Dog NOTE: Renewal for all above (annually): 3. Impoundment Fee (for each animal): Strays whose owners cannot be located will be confined for a period of 96 hours, and ifu unclaimed may be destroyed and tested for rabies. A dog or cat with no identification shall be held for a minimum of 2 hours (after 72 hours the animal is property of the city). First Time Second Time Third Time (per day) (per day) $15.00 $15.00 $15.00 $50.00 (per day) $50.00 $50.00 $50.00 $350.00 $500.00 Unneutered dog or cat Neutered dog or cat Fowl or small animal Livestock $25.00 $25.00 $25.00 $200.00 Zoological and/or circus animal $100.00 $200.00 NOTE: More than 4 violates by and pet or combination thereof owned by the same person in three years or less shall be: 4. BoardingQuarantine Fees: $500.00 for each impoundment Established by policy (does not include first day) NOTE: Home quarantine may be authorized as coordinated in accordance with State Law. Any owned dog or cat having bitten or scratched a person shall be observed for a 5. Expenses of Animal: Owner shall pay for any veterinarian or drug fees incurred for period of ten days from the day of the bite. the animal while in custody of ACO or Animal Shelter. 6. Surrender Fees: Cats Dogs $25.00 $25.00 4 Draft Fee Schedule Rate Discussion April 2021 Litters of dogs or cats Other small animals Large Animals 7.Adoption Fees: Each animal $45.00 $10.00 N/A $75.00 NOTE: Animals adopted from the animal shelter must be neutered/spayed must provide proof of surgery by the date established by the. ACO. F.F Fireworks. No person, firm or corporation shall discharge or use fireworks within the city of limits, except as a public exhibition with a permit issued by the City Council. And at temporary license is issued by the City Fire Chief. (2015) Fee established by the City Council: G. Regulation of Vendors, Peddlers, Solicitors to include Food Establishments, Semi-permanent food establishment, and temporary vendors. (2013) NOTE: it is unlawful for any peddler, solicitor, mobile food establishment, temporary food establishment, or semi-permanent food establishment to engage in business without obtaining a peddler's permit for the City Secretary. Does not include community service, charitable, educational, or religious services, such as meals-on-wneels, etc. Peddler permit: Per day: Per week: Per month: Per 3 months: Per 6 months: Per year: $5.00 $10.00 $25.00 $50.00 $75.00 $100.00 Mobile, temporary, or semi-permanent food establishment shall pay a base fee of $10.00 for each individual on the permit. NOTE: Applicant must obtain inspections or permits required by Texas Department of State Health Services. Plus, the following additional: Per day: Per week: Per month: Per 3 months: Per 6 months: Per year: $5.00 $10.00 $25.00 $50.00 $75.00 $100.00 H. Special Event Permit. (May coordinate forj joint permit if more than one sponsor) Public Property Fees: First Day $25.00 5 Draft Fee Schedule Rate Discussion April 2021 $10.00 Each additional day Private Property Fee (per day) $5.00 I. Annual Fee for Holders of Alcoholic Beverage Permits and Licenses. (2003) Annual Fee is equal to one-half of annual state permit fee. J.F Fire/EMS/Ambulance Fees. (Include current rates) K. Police Fees. (Include current rates) FOR POTENTIAL CONSIDERATION: NOTE: Listed fees for discussion purposes and not incorporated in existing ordinances. Other fees may be established upon updates to existing or development of new ordinances. Administrative services: Hardcopy of Charter, Ordinances or Resolutions Certified Birth Certificates Certified Death Certificates Rent Community Center Public Information Requests $23.00 $21.00 $_4.00 $25.00 $25.00 $15.00 $35.00 $6.00 $8.00 $50.00 $165.00 o Each Additional Certified Copy For animal control: After hours call fee in addition to impoundment: Boarding fee for impounded animals after first day: Dishonored checks: Library Fees: Accident Reports: Certified copy: Mobile Home Permits (including RVs used as a residence) Maximum amount to be charged by towing company in city of Ranger 6 ORDINANCE NO. 2021-04-26-A AN ORDINANCE OF THE CITY OF RANGER, TEXAS, ADOPTING RULES AND RATES FOR THE EVERGREEN CEMETERY; PROVIDING A PENALTY CLAUSE; PROVIDING FOR SEVERABILITY; OPEN MEETING CLAUSES; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Ranger ("City") owns a municipal owned cemetery, which is WHEREAS, the City Commission ("City Commission"), as the governing body of the municipality may purchase, establish, regulate, enclose, and improve a cemetery owned WHEREAS, the City Commission has préviously regulated the sale of lots and the WHEREAS, the City Commission finds it necessary, to update its cemetery regulations and has determined that the regulations should be adopted as an ordinance to aid in NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COMMISSION OF THE CITY OF Section 1. Findings of Fact. The findings'and recitations set out herein above are found to be true and correct and are hereby adopted by the City Commission and made a part Section 2. Adoption of Cemetery Ordinance. The Ordinance set forth below shall be adopted and known thereafterasthe "Evergreen Cemetery Ordinance" for the City: operated by the City as Evergreen Cemetery; by the municipality. appearance of the cemetery; and enforcement of the regulations; RANGER, TEXAS THAT: hereof for all purposes as findings of fact. EVERGREEN CEMETERY Article I. Care, Administration, and Provisions Section 1. Evergreen Cemetery Care (a) The Evergreen Cemetery is operated pursuant to Chapter 713 of the Texas Health (b) The care of the Evergreen Cemetery by the City does not include the purchase, erection, repair, or replacement of markers, headstones, monuments, or any other items and Safety Code. on a plot or grave. 1 Section 2. Definitions The following words and terms, when used in this Ordinance, shall have the following Cemetery means a place that is used or intended to be used for interment, and includes ag graveyard, burial park, mausoleum, or any other area containing one or more graves. meanings, unless the context clearly indicates otherwise. Int this Ordinance, it means the Evergreen Cemetery. City means the City of Ranger, Texas. Decedent means a human who has died. City Manager means the City Manager of the City of Ranger or his orl her designee. Disinterment means to exhume, unbury, or take out of the grave. Flower. arrangement means a decorative display of either natural cut flowers or artificial Flower saddle means a flower arrangement that is attached to an uprightheadstone by a Funeral establishment means a place of business used in the care and preparation for interment or transportation of human remains, or any plaçe where one or more persons are engaged or represent themselves to be engaged in the business of embalming or Grave means a space in the Cemetery that is used for interment or inurnment of human flowers. wire frame. Also called headstone saddle" and "cemetery saddle". funeral directing. remains in the ground. The term includes Grave site. Intermentmeans the permanent disposition of remains by burial. nummentmeans the permanent disposition of a cremation by burial. Memorial means a headstone, tombstone, gravestone, monument, or other marker Plot means a space in the Cemetery that is used ori intended to be used for interment or Plot owner means a person in whose name a plot is listed in the City's offices as the owner of the exclusive right of interment or who holds a certificate of ownership or other instrument of conveyance of the exclusive right to interment in a particular plot in the Remains mean the body of a decedent or the cremated remains of a decedent. Shepherd's hook means a long metal pole which is curved over at the top for holding denoting a grave. inurnment of human remains in the ground. Evergreen Cemetery. hanging baskets. 2 Section 3. General Provisions (a) The Cemetery contains plots and grave sites in the ground. All plots or grave sites owned by the City are subject to purchase, which shall be memorialized by either a Cemetery Deed for a plot or grave site or a Certificate of Ownership. The City reserves the right to refuse to sell a plot or grave space to any particular person or entity. (b) All plots shall be used for the interment of human remains only. (c) The owner of plots and grave sites in the Cemetery shall have the right to use the cemetery pursuant to the rules and regulations contained in this Ordinance. (d) The rules and regulations herein contained are designed fort the protection oft the rights of all plot and grave site owners. The rules adopted have been determined to be (e) The rules and regulations contained inj this Ordinance are intended to allow for diverse memorialization of the lives of loved ones while also promoting safety of visitors and City (f) The City reserves the right from time to time, to enlarge, reduce, replat, or change boundaries or grading of the cemetery or any sectionthereof, including the right to modify or change the location of, remove or regrade roads, drives and/or walks or any part thereof, and to lay, maintain, operate, alter, or change pipelines, sprinkler systems, and drainage systems. The Cityreserves the right to use and to place trees, shrubs, features, monuments, and works of art on portions of the Cemetery not sold to individual plot or (g) The City reserves the right to establish a volunteer group that will work in cooperation with and underi the guidance of the City. The volunteer group would serve as an advocate to preserve, maintain, and improve the Cemetery and educate the City about its importance as al historicand Culturalresource. This volunteer group may assist in general clean-up, public remembrances such as veterans' events, research, and projects reasonably necessary. staff and allowing for efficient maintenance by the City. grave owners. approved by the City. Section 4. Administration and Supervision (a) All matters pertaining to the Cemetery are under the jurisdiction of the City Commission. All administrative matters pertaining to the daily operation of the Cemetery (b) No person shall have the right to transact any business pertaining to the Cemetery unless duly authorized, in writing, by the City Commission or City Manager. (c) The City's Public Works Department has the task of maintenance and care of the Cemetery on behalf of the City and its responsibilities as outlined in this Ordinance. are conducted under the direction of the City Manager. 3 (d) Records regarding all interments in the Cemetery shall be kept at City Hall. These records shall include the section, lot, and grave location, the name, age, and date of interment of each grave occupant. Section 5. Additional Relevant State Law State laws which may be enforced at the Cemetery include, but are not limited to: (a) Abuse of Corpse. Section 42.08 of the Texas Penal Code says that the vandalizing, damaging, or treating in an offensive manner the space in which remains have been interred or otherwise permanently laid to rest is a Class A misdemeanor or State Jail (b) Criminal Mischief. Section 28.03 of the Texas Penal Code says that the damage or (c) Graffiti. Section 28.08 of the Texas Penal Code says that the intentional or knowing creation of markings on property of another which is located in a place of human burial with paint, an indelible marker, or an etching or engraving device is astate jail felony. felony depending on the allegations. destruction of property involving human burial is a State Jail Felony. Article II. Penalties Section 1. Violations and Penalties (a) If any plot or grave site is found to be in violation of this Ordinance, the City may (b). Any person ore entity who violates orf fails to çomply withany provision oft this Ordinance shall be charged with a Class Cmisdemeanorand, if convicted, may be subject to fine of up to Five Hundred Dollars ($500.00). Each day a violation exists or continues shall remove and discard the subject of the violation without liability, constitute a separate offense. Article III. Sale of Spaces Section 1. Cost The City Commission shall establish the price of all plots and/or supplementary services in an established Fee Schedule. The current fee schedule is available in the office of the City Secretary. Section 2. Sale Procedures (a) Payment. A person wishing to purchase a plot may pay the cost in full or may enter into a sales contract with the City to purchase a plot. Upon receipt of full payment, the City will issue a Cemetery Deed to the purchaser. The Cemetery Deed will be recorded at the City Hall of Ranger, Texas prior to being delivered to the purchaser. (b) Plots for Interments. Only one (1) full internment is permitted per plot. However, a full internment and one (1) inurnment (cremation) may be permitted per plot. If a 4 cremation (inurnment) and full interment are to be made in one plot, the full internment (c) Plots for Inurnments. Fourir inurnments can be made on a single plot without a casket. (e) The sale of a sace is not valid until either a Cemetery Deed or a Certificate of must be done prior to the inumnment. (d) The purchaser must agree to abide by the City regulations. Ownership has been delivered to the purchaser. Section 3. Resale Procedures An original owner wishing to sell or transfer a plot to another person must file documents memorializing the sale or transfer with the City and pay a transfer fee, as established by the City Commission in the City Fee Schedule. The resale of plot's cannot be for more than the current purchase price that is established in the City Fee Schedule. The City shall then issue a new Cemetery Deed or Certificate of Ownership to the purchaser. Article IV. Use of the Cemetery Section 1. Hours of Operation (a) The gates of the Cemetery will open at 8:00 a.m. and close at dusk, and no one will (b) All work performed in the Cemetery, by anyone other than the City, may only be conducted between 8:00 a.m. and 5:00 p.m. on Mondayt through Friday. Individuals may be allowed within the grounds before opening or after closing. perform work on their personallyowned plots yntil closing. Section 2. Vehicles (a) No person shall operate or cause to operate any vehicle within the Cemetery except on roads designated for that purpose. No person shall operate or cause to operate any vehicle at a speed greaterthan ten (10) miles per hour while within the Cemetery. (b) Vehicles shall be driven only on driveways and not across plots or graves to gain access to a grave or plot. Vehiçles may not turn around in the avenues. (c) Commercial vehicles are prohibited, unless used for the delivery of materials for construction and development within the grounds. Section 3. Rules of Conduct (a) Visitors must not intentionally trespass on any plot or grave. (b) All persons must remain quiet and respectful while internment services are being (c) No person shall possess or consume alcoholic beverages or illegal drugs within the conducted. Cemetery. 5 (d) Disorderly conduct is not permitted, and the individual will not be allowed to enter or remain within the Cemetery grounds. (e) Children should be accompanied by adults. and properly disposing of their animal's feces. () Dogs and other pets must be on a leash. The pet owner is responsible for collecting (g) No advertisement of any form shall be allowed or conducted within the Cemetery or (h) The City will not be responsible for acts of vandalism or theft of memorials or personal on the Cemetery gates. property. Section 4. Funerals Funeral establishments must schedule funerals to ensure that all attendees vacate the Cemetery prior to sundown. On entering and while within the Cemetery, funeral processions, participants, and guests shall conduct themselves in accordance with the rules contained in this Ordinance. Section 5. Interment (a) Order. A plot owner, or the legal heir(s) of the owner, must sign an order fori interment (b) Licensed Funeral Directors. It shall be the duty and responsibility of the funeral directors to confirm plot ownership with the City prior toi interment. All graves must be dug and filled by licensed funeral directors conducting the burials and the City shall not be (c) Notice. The Funeral Establishment shall provide the City with notice regarding a planned interment. Said notice shall provide the details of the day and time of the proposed interment. Said notice shall be provided to the City at least one (1) business day before the planned interment. A City representative will be present to mark the (d) Restricted. Alli interments in any plot shall be restricted to members of the family and relatives of the owner theréof unless written permission has been obtained from the City. (e) Burial Rules. Not more than one (1) casket and one (1) urn may be buried in one plot. This subsection does not affect multiple burials existing as of April 12, 2021. (f) Burial Rules for Inumments Only. Not more than four (4) cremated remains may be (g) Fee. Afee shall be assessed for each interment or inumment after the first interment in a plot. Said fee will be established by the City Commission in the Fee Schedule before the City will allow interment. responsible for digging such graves. appropriate plot for interment. inurned in one (1) grave. Ordinance. 6 Section 6. Disinterment (a) Permit. Disinterment shall only be made after a disinterment permit has been issued by the State or upon written permission of the City if the remains are to be reinterred in (b) Order. A plot owner, or the legal heir(s) of the owner, must sign an order for (c) Notice. Written notice of any disinterment shall be provided at least one (1) business day before the planned disinterment and shall include the state permit, if required, the order described by subsection (b) above, and provide the details of the day and time of the proposed disinterment. ACity representative will be present to mark the appropriate the Cemetery or if the remains are located in the columbarium. disinterment before the City will allow disinterment. plot for disinterment. Article V. Appearançe of Cemetery Section 1. Responsibilities of City (a). All plots are marked and put in order by the City. (b) The City reserves unto itself a perpetual right of ingress and egress over graves and plots for the purpose of maintenance orany and all other lawful purposes. (c) The City is responsible for cleaning, mowing, and trimming all areas of the Cemetery. The City may allow the private care of a graves or plots provided said care is ati the same (d) The City shall have the right to remove objects that are deemed to be offensive or injurious to the appearançe of surrounding plots or graves. The City shall have the right, and it shall be their duty, to enter upon such plot or grave and remove the offensive or (e) Twice ay year, the City shall conduct a clean-up during which it will remove any items left at the Cemetery, including individual plots or graves for longer than thirty (30) days. (a) Boundary and Grade. All boundary markers set by the City must remain undisturbed. The grade of plots, once established, shall not be changed without the consent of the (b) The City shall have the full right to fill and level graves and plant grass thereon, when (c) Vegetation. Picking flowers, wild or cultivated, or injuring trees, plants, shrubs, or other property in the Cemetery is strictly prohibited. The planting of trees, shrubs, and bushes anywhere within the Cemetery will not be permitted without prior approval of the or superior level as provided by the City. improper object, and it may do sO without notice to the owner. Section 2. Appearance of Plots or Graves City. desired or deemed necessary. City Manager. 7 (d) Perimeter Structures. No fencing, coping, or enclosure of any nature will be allowed without prior approval by the City, unless it was in place prior to April 12, 2021. (e) Flags may be placed on graves of Veterans and Gold Star Families by approved Veterans Groups as authorized by the City and family members. These flags may be placed in celebration of Memorial Day, Independence Day, and Veteran's Day. These () The Cityi is authorized, as part of its role in maintaining the Cemetery, to remove debris, including dead flowers, deteriorated plastic ornaments, wreaths, baskets, floral pieces, decorations, and all other objects when they have become unsightly, withered, or an obstruction to maintenance. The City may remove any item deemed to endanger the flags must be picked up within two weeks following these holidays. public health, safety, comfort, or welfare. Section 3. Memorials (a) Notice Required. A dealer wishing to install a memorial must provide written notice tot the City at least one (1) business day prior to installation. Said notice shall include documentation from the plot owner authorizing the installation of the memorial and provide information regarding thesize, descrption,materal, and lettering ofthe memorial. Before a dealer may install a memorial, it must have the written authorization of the City. Once allowed, all work must be completed as fast as possible, under the supervision of the City, and all materials must be removed when work is completed. (b) Monuments. Standing monuments are authorized. (c) Individual grave markers. Flat grave markers should be set flush with the ground. Grave markers that are not flush with the ground may be damaged during mowing and maintenance to the Cemetery. Temporary markers must be removed once a permanent (d) Comerstones and Footstones. Cornerstones or Footstones must be level with the ground, SO as to not interfere with mowers. It is recommended that they be made of (e) Removal. No memorial shall be removed from any plot under claim that it is not paid marker, neadsione,ormonument has been placed on a grave space. unpolished granite or bronze, if used. for, or other pretense, without the written permission of the City. Section 4. Decoration of Plots, Graves (a) Non-Flower Items. Toys, glassware, trinkets, rosaries, shells, or similar items may be placed on a plot. However, these items should be permanently attached to the base of an upright monument by the plot owner. Plot owners should be aware that if non-flower items are deemed to be a deterrent to maintenance or mowing, or if they become (b) Flowers. Flowers are authorized in the Cemetery. Plot owners are encouraged to use baskets hanging from a shepherd's hook, as part of a flower saddle placed on unsightly, they may be removed by the City. 8 monuments, or in a pot or vase that is staked (or anchored) in the ground. Displaying flowers in this manner allows for efficient maintenance and mowing in the Cemetery. (c) Existing Decorations. Any decorations existing on plots as of April 12, 2021 which are in violation of this Ordinance shall be allowed to remain as long as the decorations do not pose a threat to the health and safety of visitors and do not interfere with the City's (d) Breakage: Every reasonable effort will be made to respect each decoration; however, the City shall not be responsible fort the breakage of stands, vases, and other decorations. (a) City water is available at the Cemetery. Water sprinklers will not be left on after the Cemetery closes for the day. Repeat offenses is considered a violation of this Ordinance (b) Watering equipment is not provided by the City. If patrons leave sprinklers at the Cemetery, they may be tagged and removed by the City Staff. The City will attempt to make contact so that the equipment may be returned tot the appropriate owners. The City (c) Filling of water containers, tanks, or water trucks for use outside of the Cemetery is a ability to maintain the Cemetery. Section 5. Watering Guidelines and is therefore subject to penalties. will not hold or store the equipment for longer than 30 days. violation and is subject to penalties. Section 6. Surrounding areas The space and walk around single graves remain the property of the City. No markers, trees, or flowers shall be allowed between the single grave rows. Section 3. Repeal. All ordinances or parts of ordinances in conflict herewith shall be and Section 4. Severability. The provisions of this Ordinance are declared to be severable. Ifany section, sentence, clause, or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance, but they shall remain in effect notwithstanding the validity of any part. Section 5. Open Meetings Act. Iti is hereby officially found and determined that the meeting at which this ordinance is passed was open to the public as required and that the public notice of the time, place, and purpose of said meeting was given as required and that public notice, place, and purpose of said meeting was given as required by the open are hereby repealed to the extent of such conflict. meetings act, chapter 551, Texas Government Code. 9 Section 6. Effective Date. This Ordinance shall be in full force and take effect upon its passage and publication as provided by law, and it is sO ordained. FIRST READING PASSED AN APPROVED, this 12th day of April, 2021. SECOND READING PASSED AN ADOPTED, this 26th day of April, 2021. CITY OF RANGER, TEXAS Joe Pilgrim, Mayor ATTEST Savannah Fortenberry, City Secretary 10