HomeMy WebLinkAboutORD 299 - ORD Authorizing the Issuance of $10000 of sanitary Sewer Warrants
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ORDINANCE NO. 299
AN ORDINANCE AUTHORIZING THE ISSlJANCE OF
$10,000 SANITARY SEWER ~NARRANTS; PRESCRIBING
THE TERMS AND COJ\TDITIONS TIIEREOF; LEVYING
TAXES FOR THE PAYMENT OF PRINCIPAL AND IN-
TEREST THEREON; AND DECLARING AN EMERGENCY
THE STATE OF TEXAS I
COUNTY OF HARRIS 0
The City Commission of the City of West University Place, Texas,
met in regular session at the City Hall within said city on the 10th
day of December, 1945, with the following members present, to-wit:
A. L. Kerbow
J. M. Dunnington
Wayland R. Hancock
L. J. Martin
Ralph B. Lee
R. B. Allen
Mayor
Commissioner
Commissioner
Commissioner
Commissioner
City Secretary
constituting a Quorum, when the following business was transacted:
Mayor Kerbow introduced an ordinance which was read in full.
Commissioner Dunnington made a motion that the ordinance be adopted
as read. The motion was seconded by Commissioner Hancock and carried
by the following vote: AYES: Mayor Kerbow, Commissioners Dunl1ingtdn,
Hancock, Martin and Lee. NOES: None. The Mayor declared that the
ordinance had been finally passed. The ordinance thus adopted follows:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF $10,000 SANITARY
SEWER WA..B.RANTS; PRESCRIBING IRE TEmlS .A~m COl\T])ITIONS THEREOF,;'
LEVYING TAXES FOR THE PAYNiENT OF PRINCIPAL AND INTEREST
THEREON ; AND DECLARING AN EMERGENCY.
YffiEREAS. the City of West University Place, Texas, entered
into a contract, under date of June 18, 1942, with John G. Holland
for the construction of additions to the city's sewage disposal plant;
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\VHEREAS, the said John G. Holland began construction of the im-
provements described in said contract but said -contractor and the City
of West University Place were ordered to discontinue sald construction
by War Emergency Agencies of the United States Government and the com-
pletion of said contract was postponed until the end of the war emer-
gency; and
WHEREAS, the war emergency has now ended and the City of West III
University Place desires to resume work on said improvements; and ~
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WHEREAS, the original ;plans and specifications provided for
only the minimmu treatment of sewage in order to conform to war time
gover~ent regulations which said plans and specifications do not
conform with the requirements of the Texas state Board of Health in
view of the amendments which have since been made in the Texas Sani-
tary Code and it is, therefore, necessary to make certain changes in
the plans and specifications; and
V1HZREAS, Paragraphs 32 and 33 of the general conditions of
the contract with the said John G. Holland specifically authorize
the city to order extra work or make changes by altering, adding to ,
or deducting from the work and adjusting the, contract sum accordingly;
and
~v.HERBAS, it is more desirable, economical and necessary, in
view of the termination of the war emergency, to make provision for
a higher grade of treatment of sewage in order that the public health
may be better protected; and
WHEREAS, the city's engineer, Garrett Engineering Company, has
prepared additional plans and specifications to incorporate the necess-
ary changes and the same are satisfactory to the City Commission and
have been agreed to by the said John G. Holland; and
~~REAS, the public improvements described in said original con-
tract and in said change order have been lawfully authorized by a vote
of the people, at an election held in said city on January 24, 1942, and
there is now a deficiency of funds to complete same in accordance with
,the plans and purposes authorized by the voters; and
VffiEREAS, the City of West University Place is authorized by the
Bond and Warrant Law of 1931 (Article 2368a, Vernon's Annotated Texas
Statutes) to issue time warrants in an amount not to eocceed $10,000 in
any calendar year without the necessity of giving notice of its inten-
tion to do so~ and this City Commission affirmatively finds that the
City of West University Place has not issued any time warrants of any
kihd during the calendar year 1945 and the City Commission is of the
opinion that it is desirable and necessary to issue time warrants in the
amount of $10,000 to evidence the city's indebtedness for the cost of a
like amount of said extras and additional work under the terms of said
contract; therefore,
BE IT ORDAIlmn by the City Commission of the City of West Univer-
~ sity Place, Texas:
aection,l: That the contract with the said John G. Holland and the
change order described in the preamble to this ordinance be and the
same are hereby authorized, validated, approved and confirmed and
said contract as amended by said change order is hereby recognized
as the valid obligation of the City of West University Place, Texas.
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Section 2: That to evidence the city's indebtedness for the con-, i,~ I
struction of improvements, additions and extensions to the sanitary
sewer system of said city, there shall be issued the time warrants
of said city in the total principal sum of $10,000, to be known and
designated as "CITY OF WEST UNIVERSITY PLACE SANITARY SEWER SYSTEM
TIME WARRANTS, SERIES 1945".
Section ?: Said warrants shall be dated December 15, 1945, shall
be numbered from 1 to 10, both inclusive" shall be in the denomin-
ation of $1,000 each, aggregating $lO,000, and shall become due and
payable on the 15th day of December in the respective amounts and
during the years as shown on the following schedu~e, to-wit:
Warrant Nos~ MRt:I1T'it:iAs NRountEl
1 December l5, 1946 $1,000.00
2 tI ff 1947 1,000.00
3 n t1 1948 l, OOQ.. 00
4 n t1 1949 1,000.00
g u n 1950 1,000.00
It n 1951 1,000.00
7 n n 1952 l,OOO.OO
8 tt n 1953 1,000.00
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9 11 1t 1954 1,000.00
10 n tt 1955 l,OOO.OO
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Section 4: Said warrants shall bear interest at the rate of 21. per
annum, payable ,June 15, 1946, and semi-annually thereafter on
December 15th and June 15th of each year until the principal sum is
paid. Both principal and interest shall be payable in lawful money
of the United States of America at the University State Bank, Houston,
Texas, and the interest becoW-ing' due on and prior to ma turi ty Shall
be payable only upon presentation and surrender of the coupons at-
tached to said warrants.
Section S: That each of said warrants shall be signed by the Mayor
and countersigned by the City Secretary, and the corporate seal of
said city shall be impressed upon each of them. The facsimile sign-
atures of the Mayor and City Secretary may be lithographed, engraved
or printed on the coupons attaChed to said warrants and shall have
the same effect as if they had been signed by said officers.
Section 6: The form of said warrants shall be sUbstantially as'
follows:
No, $l,OOO~OO
UNITED STATES OJ? AMERICA
STA TE OF TEXAS
COUNTY OF HARRIS
CITY OF WEST U~UVERSITY PLACE
SANITARY SEWER SYSTEM TllEE W"ARRA1TTS,
SERIES 1945 I
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The City of West University Place, in the County of Harris,
and State of Texas, for value received, acknowledges itself indebted
and hereby promises to pay to bearer on the 15th day of December,
19___~ the sum of
ONE THOUSAND DOLLARS
($1,000.00), in lawful money of the United States of America, with
interest thereon from date hereof until this warrant is paid at the
rate of 210 per annum, payable June 15, 1946 and semi-an~ually there-
after on December 15th and June 15th of each year until the princi-
pal sum is paid. Both principal and interest are payaple in lawful
money of the United States of America at the University State Bank,
Houston, Texas, and interest becoming due on and prior to maturity
is payable only upon presentation and surrender of the coupons here-
to attached as they severally become due.
This warrant is one of a series of ten (lO) warrants of like
date and tenor, except as to maturity, numbered consecutively from
1 to 10, both inclusive, in tlie denomination of $l,OOO each, aggre-
gating $10,000, issued for the purpose of evidencing the indebtedness
of the city for the cost of constructing Dnprovements, additions and
extensions to the city's sanitary sewer system, under and ,in strict
conformity with the Constitutio.n and laws of the State of Texas,
particularly the Bohd and Warrant Law of 1931 and the City Charter
of the City of West University Place, and pursuant to an ordinance
adopted by the City Commission ,of said city, which ordinance lS of
record in the minutes of the City Commission.
The date of this warrant, in conformity with said ordinance,
is December 15, 1945.
It is hereby certified, recited and represented that the
City of West University Place has received the full benefit of said
improvements, additions and extensions to its sanitary sewer system,
the cost of which is represented by this warrant and the series of
which it is a part; that said improvements, additions and extensions
have been constructed in compliance with the plans, specifications
and contract for the construction thereof; and, that the publicim-
provements for which this warrant and the series of which it is a
part are issued have been lawrully authorized by a vote of the people
at a bond election held on January 2~, 1942, and that there is a
deficiency of funds to complete said improvements in accordance with
the plans and purposes authorized by the voters; that the City of
West University Place has not issued an~ other time warrants for any
purpose during the calendar year 1945; and that all acts, conditipns
and things required to be done precedent to and in the issuance of
this warrant and of this series of warrants have been properly done, have
happened and been performed in regular and due time, form and manner,
as required by law, '~n~ that the total indebtedness ,of said city,
including this warrant and the entire series of which it is a part,
does not exceed any constitutional or statutory limitations; and that
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due provision has been made ror levying and oollecting annually by
taxation an amount surfioient to pay the interest on said warrants
as it falls due and provide a sinking fund ror the final redemption
of said warrants at maturity.
IN TESTIMONY WHEREOF, the City Commission of the City of
West University Plaoe, Texas, has oaused the seal of said oity to
be affixed hereto ,and this warrant to be signed by the Mayor and
oountersigned by the City Secretary, and the interest coupons here-
to attached to be exeouted by the facsimile signature of said Mayor
and City Seoretary, as of Deoember l5, 1945.
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Countersigned:
Mayor, City of West University
Plaoe, Texas
City Secret~ry, City of West
University Plaoe, Texas
Section 7: ' The form of coupons to be attached to said warrants
shall be substantially as follows:
No.
$
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On the l5th day of , 19 , the City of
West University Place, in the County of Harris, and State of Texas,
will pay to bearer at the University State Bank, Houston, Texas, the
sum of$ in lawful money of the United States
of Amerioa:, being the interest due that date on the City of West
University Place Sanitary SewerSytem Time Warrants, Series, 1945,
dated Deoember 15, 1945, Warrant No. .
Mayor
City Secre tary
Dection 8. There is hereby oreated a new fund to be known as
"Sanitary Sewer System Time Warrants, Series 1945, Fund", into
which shall be paid all taxes levied,and collected to pay prinoipal
and interest on said warrants. While said warrants, or any part
of the prinoipal thereof, or interest thereon, remain outstanding
and unpaid, there is hereby levied and shall b~ assessed and 001-
leoted in due time, form and manner, and qt the time other oity
taxes are assessed, tevied anQ colleoted, in each year, a tax upon
all taxable property in said City of West University Place, Texas,
suffioient to pay "'the current interest therebn and to oreate a
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sinking fund to pay the principal as it matures; and the City Com-
mission shall each year fix the rate necessary to raise funds suf-
ficient to pay said principal and interest as it matures and ac-
crues and the same shall be collected and applied to the purposes
named and to no other purpose; to pay the principal and interest
becoming due during the year 1946 there is hereby set aside and
appropriated out of funds on hand and available for that purpose
the sum of $1200 which shall be forthwith deposited in the above
described fund and shall be used for no other purpose.
Section 9. The Mayor and the City Secretary are hereby authorized
and directed to execute said warrants and to hold the same for de-
livery to the said John G. Holland, contractor, upon the further
order of the City Commission.
Section 10. The fact that the present sew~ge disposal plant of the
City of West University Place is inadequate and the improvement
of said plant has been postponed and delayed because of war emer-
gency conditions and the Texas State Health Department has rec-'
ommended and urged the city promptly to make necessary improvements
to its sewage disposal plant in order to'prevent a serious threat
to the health and welfare of the inhabitants of said city and of
neighboring areas, constitute an emergency requiring the issuance
of the warrants herein authorized without the giving of notice and
without any unnecessary delay and further require that this ordi-
I nance take effect from and after its passage, and it is so ordained.
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I PASSED AND APPROVED this 10th day of December, 1945.
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Mayor,
Universi ty
ATTEST:
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City Secretary
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