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HomeMy WebLinkAboutORD 309 - ORD authorizing the Issuance of $10000 Sanitary Sewer Warrants , :.1: I,., II LI ' ' d I ,I 146 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 J THE STATE OF, TEXAS I . . 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. , .~..~) c 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 , \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- o 147 f-: ,W 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 I~i L 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". [ . 1 "'I ..U 'I J=-.: ,11.., u LJ n 1m. 148 , I 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 "I ~ The City of West University Place, in the County of Harris, and State of Texas, for value received, acknowledges itself indebted o lJ [I 149 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. II lJ J LJ j L5:0 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 , 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. Il , I ~ 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 u u [I 151 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) I I] II 'II:. '