HomeMy WebLinkAboutORD 309 - ORD authorizing the Issuance of $10000 Sanitary Sewer Warrants
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ORDINANCE NO. ~09
AN ORDINANCE AUTHORIZING THE ISSlJANCE OF $10,000 SANITARY
SEWER WARRANTS; PRESCRIBING THE TERMS AND COT\TDITIONS THERE-
OF; LEVYING TAXES FOR THE PAYMENT OF PRINCIPAL AND IN-
- TEREST THEREON: AND DEC~lNG AN EvIERGENCV
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THE STATE OF, TEXAS I
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COUNTY OF HARRIS ~
The City Commission of the City of West University Place, Texas,
met in regular session at the City Hall within said city on the 11
day of March, 1946, 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. jiJ
Commissioner Dunnington made a motion that the ordinance he adopted
as read. The motion was seconded by Commissioner Hancock and car- '
ried by the f91lowing vote: AYES: Mayor Kerbow, Commissioners
Dunnington, Hancock, Martin and Lee. NOES: None. The Mayor de-
clared that the ordinance had been finally passed. The ordinance
thus adopted follows:
AN ORDINANCE AUTHORIZING TEE ISSUANCE OF $10,000 SANITARY
SEWER WARRANTS; PRESCRIBING THE TERMS AND C 0rIDITIONS THERE-
''OF; LEVYING TAXES FOR THE PAYMENT OF PRINCIPAL AND II\TTEREST
T1IE~ON; AND DECLARING AN EMERGENCY.
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WHEREAS, 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 dispo~al
, plant; and
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\f;BEREAS, the said John G. Holland began construction of the
improvements described in said contract but said contractor and the
City of West University Place were ordered to discontinue sa id con-
struction by War Emergency Agencies of the United States Governmen~
and the completion of said contract was postponed until the end of
the war emergency; and
WHEREAS', the original ,plans and specifications provided for
only the minimum. treatment of sewage in order to conform to war time
government regulations which said plans and specifications do not
conform with the requirements 01' the Texas state Board of Health in
view of the amendments which have since been made in the Texas Sani-
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tary Code and it is, therefore, necessary to make certain changes in
the plans and specifications; and
ifHEREAS, Paragraphs 32 and 33 of the general conditions of
t~e contract vdth 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 ahd adjusting the contnact sum according-
ly; and
WHEREAS, 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
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WHEREAS, the city's engineer, Garrett Engineering Company,
has prepared additional plans and specifications to incorporate the
necessary changes and the same are satisfactory to the City Commis-
sion and have been agreed to by the said John G. Holland; and
WHEREAS, the public improvements described in said original
coptract 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
WHEREAS, 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 exceed
$lO,OOO in any calendar year without the necessity of giving notice
of its intention to do so, and this City Commission affirmatively
finds that the City of West Vniversity Place has not issued any time
warrants of any kind during the oalendar year 1946 and the City Com~
mission is of the opinion that it is' desirable and necessary to is-
sue time warrants in the amouht of $10,000 to evi,dence the city'S
indebtedness for the cost of a like amount of said extras and addi-
tional work under the terms of said contract; Therefore,
BE IT ORDAINED by the City Commission of the City of West
University Plaoe, Texas:
fiection 1: 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 oonfirmed and
said contract as amended by said change order is hereby recognized
as the valid obligation of the City of West University Place, Texas.
Section 2: That to evidence the city's indebte'dness for the con-
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 WARRAl,1TS, SERIES 1946".
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Section 3: Said warrants shall be dated March 15, 1946, / shall be] ,'.'
numbered from 1 to lO, both inclusive, shall be in the denomination ,
of $1,000 each, aggregating $10,000, and shall become due and pay-
able on the 15th day of December in the respective amounts and dur-
'ing the years as shown on the following schedule, to-wit:
Warrant Nos.
Maturities
.'Amounts
1 December 15, 1947 $1,000.00
2 n n 1948 1,000.00
:3 ", 11 1949 1,600.00
4 " "l950 1,000.00
~ U 11 1951 1,000.00
b 11 n 1952 1,000.00
7 n " 1953 1,000.00
8 " n 1954 1,000.00
9 ~ u 1955 1,000.00
10 << " 1956 1,000.00
Section 4: Said w~rrants shall bear interest at t~e rate of 210
per annum, payable December 15, 1946, and semi~annually thereafter
on December 15th and June 15th of'~ach 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 becoming due on and prior to ma- 'l'.
turity shall be payable only upon presentation and surrender of the
coupons attached to said warrants. ,~
Section 5: That ~achof 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 ~~yor 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.
Oection,b.
follows: '
~he form of said warrants shall be substantially as
-I-
$1,000.00
No.
UNITED srATES OF AMERICA
STATE OF TEXAS
COUNTY OF HARRIS
CITY OF WEST UNIVERSITY PLACE
SANITARY SEWER SYSTEM TUllE WARRANTS,
SERIES 1946
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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
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and hereby promises to pay to bearer on the l5th day of December,
19 , the sum of
-
ONE THOUSMTD 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 December 15, 1946 and semi-annually
thereafter on December 15th and June 15th of each year until the
,prinqipal sum is paid. Both ,principal and interest are payable 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 s~rrender of the
coupons hereto attached as they severally become due.
This warrant is one of a series of ten (10) warrants of
like date and tenor, except as to maturity, numbered consecutively
from 1 to 10, both inclusive, in the denomination of $l,OOO. each,
aggregating $lO,OOO, issQed for the purpose of eVidencing the in-
debtedness of the city ffir the cost of constructing improvements,
additions and extensions to the city's sanit3ry sewer system, under
and in strict conformity with the Consti tutlion and laws of the
state of Texas, particularly the Bond 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 Comrni'ssion of said city, which
ordinance is of record in the minutes of the City Commission.
The date of this warrant, in conformity with said ordinance,
is Mar~h 15, 19'46. '
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 represerited by this warrant and the series of
which it is a part; that said improvements, additions and exten-
sions have been constructed in compliance with the plans, specifi-
cations and contract for the construction thereof; and that the pub-
lic i~provements for which this warrant and the series of which it
is a part-are issued have been lawfully authorized by a vote of the
people at a bond election held on January 24, 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 any other time warrants for
any purpose during the calendar year 1946; and that all acts, 'con-
ditions-a~d,things required to be done precedent to and in the is-
suance 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, and that the total in-
debtedness of said city, including this warrant and the entire ssrr&s
of which it is a part, does not exceed any constitutional or,statu-
tory limitations; and that due provision has been made for levying
and collecting annually by taxation an amount sufficient to pay the
in~erest on said warrants as it falls due and provide a sinking fund
for the final redemption of said warrants at maturity.
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IN TESTIMONY WHEREOF, the City Commission of the City of
West University Place, Texas, has caused the seal of said city to
be affixed hereto and this warrant to be signed by the Mayor and
countersigned by the City Secretary, and the interest coupons here-
to attached to be executed by the facsimile signatures of said Mayor
and City Secretary, as of March 15, 1946.
;l
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Mayor, City of West University Place,
Texas
Countersigned:
City Secretary, City of West
University Place, Texas
Section 7: The form or coupons to be attached to said warrants,
shall be substantially as follows:
No.
$
On the l,th day of , 19___, theCity 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 America,
being the interest due that date on the City of West University
Place Sanitary Sewer System Time Warrants, Series 1946, dated
March 15, 194b, Warrant No.
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Mayor
City Secretary
Section 8: There is herebv created a new fund to be known as
tfSanitary Sewer System Time Warrants, Series 1946, Fund", into
which shall be paid all taxes levied and collected to pay principal
and interest on said warrants. While said warrants, or any part
of the principal thereof, or interest thereon, remain outstanding
and unpaid, there is hereby levied and shall be assessed'and col-
lected in due time, form and manner, and at the time other~city
taxes are assessed, ~evied and collected, in each year, a tax upon
all taxable property in said City of West University Place, Texas,
sufficient to pay the current interest thereon and to create a
sinking fund to pay the principal as it matures; and the City Com- I l
mission shall each year fix the rate necessary to raise funds suf- U'
ficient to pay said principal and interest as it matures and ac-
crues and the same shall be collected a~d applied to the purposes
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named and to no other purposei. to pay the principal and interest
becoming due during the year 946 there is hereby set aside and
appropriated out of funds on hand and available for that purpose
the ,sum of $150 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 lO: "The fact that the present sewage 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 emergenoy
conditions and the Texas State Health Department has recommended
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 neighbor-
ing 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 ordinance take
effect from and after its passage, and it is so ordained.
PASSED and APPROVED this 11 day of March, 1946.,
a~"'-J
Mayor, ~.y of 'est University Place,
Texas
ATTEST:
Cit~
(Seal)
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