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HomeMy WebLinkAboutORD 392 - ORD Authorizing the Issuance of $60000 storm sewr Bonds '213 ORDINANCE NO. 392 [J AN ORDINANCE AUTHORIZING THE ISSUANCE OF $60,000 STORM SEW~ BONDS, PRESCRIBING THE TEEMS AND CONDITIONS THEREOF, AND LEVYING TAXES TO PAY THE PEINCIPAL AND INTEREST THEREON. 'WHEREAS, at an election held in the City of West University Place, Texas, on the 24th day of July, 1948, a majority of the duly qualified resident electors who own taxable property within said city and who had duly ren- dered the same for taxation, voting at said election, voted in favor of tpe issuance of the bonds of said city in the amount of $60,000 for the purpose of constructing storm sewers and drainage structures in and for said city; and WHEREAS, said election was properly called and notice thereof given as required by law and the City Commission has heretofore canvassed the results thereof and determined the specific authority of the city to issue said bonds; ,Therefore BE IT ORDAINED by the City <';ommission of the City of West University Place, Texas:, [, S~ytio~ That the bonds of the City of West University Place, Texas, be issu~din the principal amount of $60,000, to be known and designated as "CITY OF "VEST UNIVERSITY PLACE STORM SEWER BONDS, SERIES 1948", for the purpose of constructing storm sewers and drainange structures in and for said city, under and by virtue of the Constitution and laws of the State of Texas, particularly Chapters 1 and 7 of Title 22, Revised Civil Statutes of Texas, 1925, as amended, and the City Charter of said city, particularly Article XXIII thereof. Section 2: Said bonds shall be dated September 1, 1948, sQall be numbered from 1 to 60, both inclusive, shall be in the denomination of $1,000 each, aggregating $60,000, and shall become due and payable on the 15th day of January in each of the years and in the respective amounts shown in the fol- lowing schedule, to-wit: Bond Nos. Maturity Amount 1 - 2 Jan uary 15, 1950 $ 2,000.00 3 II It 1951 1,000.00 4 - 6 " It 1952 3,000.00 1 - 8 II II 1953 2,000.00 9 - 10 II II 1954 2,000.00 11 - 12 " II 1955 2,000.00 13 - 14 II II 1956 2,000.00 15 '- 16 II " 1957 2,000.00 17 II It 1958 1,000.00 18 II II 1959 1,000.00 0 19 II It 1960 1,000.00 20 - 21 It It 1961 2,000.00 22 - 25 II II 1963 4,000.00 Ir' .1 [:":-:-. ~ .,' l, "...: I 214 26 - 30 January 15, 1964 $ 5,000.00 ' 3]" - 3'b- tl It 1965 6;000.elO 0 3~ - 4a II It 1966 7,000.00 l# - 5l. It It 1967 .8,000.00 52 - 60 It It 1968 9,000.00 The City of West University Place, Texas, r-eserves the right to re- seem said bonds on January 15, 1958, or on any interest payment date there- after ,by paying the principal amount and unpaid accrued interest thereon to the date fixed for redemption. In the event all or.any part of the bonds then outstanding shall be called for redemption before maturity, ,notice thereof in writing shall be mailed, properly stamped and addressed to The City National Bank of Houston, Houston, Texas and shall be published in a financial journal published in New York, and of general circulation in the United States of America at least one time, and said notice shall be mailed and published at least thirty (30) days before the date fixed for redemption. When said bonds, or any part thereof, have been called for redemption and due provision has been made to redeem the same as herein provided, the right of the owners and holders to collect interest which would otherwise accrue after the re- demption date, shall be terminated as of the date fixed for redemption. Section 3: Said bonds shall bear interest as 'follows: Bonds Nos. 1 to 37, both inclusive, at the rate of 3-1/2% per annum, and Bonds Nos. 38 to 60, both inclusive, at the rate of 3-1/4% per annum, interest payable on the 15th day of January, 1949, arid semi-annually thereafter on the 15th day of July and the 15th day of January in each year until the principal is paid. Both principal and interest on said bonds shall be payable in lawful money ,]'i ' of the United States of America at The City National Bank of Houston, Houston~ Texas, and interest falling due on and prior to maturity shall be payable only upon presentation and surrender of the interest coupons attached to said bonds as they severally become due. Section 4: That each of said bonds shall be signed by the Mayor and counter- signed by the City Secretary and the corporate seal of the city shall be impressed upon each of 'them. The facsimile signatures of the Mayor and City Secretary may be lithographed, engraved or printed on~the ,coupons attached to said bonds and shall have the effect as if said bonds had been signed by said officers. Section 5: That the form of said bonds shall be substantially as follows: No. $1,000.00 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF HARRIS CITY OF WEST UNIVERSITY PLACE STORM SKWER BOND SERIFS 1948 The City of West University Place, in the County of Harris, in the State of Texas, for value received, acknowledges itself indebted to and promises to pay to bearer on January 15, 19~, the sum of. j 215 /" o ONE THOUSAND DOLLARS ($1,000.00), in lawful money of the United States of America, ~dth in- 'terest thereon from date at the rate of (*%) per annum, payable Jan- uary 15, 1949, and semi-annually thereafter on July 15th and January 15th of each year until the principal sum ,shall be paid; both principal and interest ,are payable at The City National Bank of Houston, Houston, ,Texas, and i..l1terest falling due on or prior to maturity is payable only upon presentation and surrender of the interest coupons hereto attached as they severally become due. ,C,. I i I (Bonds numbered from 18 to 60, both inclusive, shall contain the following additional clause: The City of West University Place, Texas, reserves the right to redeem this bond on January 15, 1958, or on any interest payment date thereafter, by paying the principal and unpaid accrued interest thereof to the date fixed for redemption. In case all of said bonds subject to redemption, or any part thereof, shall be called for redemption before maturity, notice thereof in writing shall be 'mailed, properly stamped and addressed, to The City National Bank of Houston, Houston, Texas, and shall be published in a financial journal published in New York, New York, and of general circulation in the United States of America at least one time and said notice shall be mailed and published at least thirty (30) days before the date fixed for redemption. When said bonds subject to redemption, or any part thereof, have been called for redemption and due provision has been made to redeem the same as herein provided, the right of the owners and holders to collect interest which would otherwise accrue after the redemption date, shall be terminated as of the date fixed for redemption.) This bond is one of a series of sixty (60) bonds of like date and tenor, except as to number, maturity, interest rate and option of re- demption, numbered from 1 to 60, both inclusive, in the denomination of $1,000 each, aggregating $60,000, and is issued for the purpose of const- ructing storm sewers and drainage structures in and for said city, under and in strict conformity with the Constitution and laws of the State of Texas, particularly Chapters 1 and 7 of Title 22, Revised Civil Statutes of Texas, 1925, as amended, and the City Charter of said city, particu- larly Article XXIII thereof, and pursuant to an ordinance duly passed and adopted by the City Commission of. the City of West University Place, Texas, which ordinance is of record in the minutes of said City Com- mission. The date of this bond, in conformity with the above mentioned ' ordinance, is September 1, 1948. 11 '----' It is hereby certified, recited and represented that the series of bonds of which this bond is a part was authorized at an election held in the City of West University Place, Texas, on the 24th day of July, 1948, and that all acts, conditions and things necessary to be done precedent to and in the issuance of these bonds, in order to make them legal, valid and binding obligations of said city, have been done, have happened and been performed in regular and due time, form and manner as required by law; L' ::~::-t: ':.:I --I" ._..11 II ., ..I L L ,.I 216 that due provision has been made for levying and collecting annually by taxation an amount sufficient to pay the interest on these bonds as it falls 11,0' , due and to provide a sinking fund for the final redemption of said bonds at maturity; and that the issue of bonds of which this one is a part, together with all other indebtedness of said city; do not exceed any constitutional or statutory limitation. IN WITNESS IJIIHEREOF, the City Commission of the City of West University Place, Texas, has caused the seal of said city to be affixed hereto and this bond to be signed by the Mayor and c01L.'1tersigned by the City Secretary, and the interest coupons hereto attached to be executed by the facsimile signatures of said Mayor and City Secretary, as of September 1, 1948. Mayor, City of West University Place, Texas Countersigned: City Secretary, City of West University Place, Texas *(Bonds Nos. 1 to 37, both inclusive, bear interest at the rate of 3-1/2% per annum; Bonds Nos. 38 to 60, both inclusive, bear interest at the rate of 3-1/4% per annum) o Oe~eiOll 6. The form of the coupons to be attached to said bonds shall be substantially as follows: $ No. On the 15th day University Place, in pay to bearer at The sum of $ States of America, being the University Place Storm Sewer Bond No. of the County of City National , 19 , * the City of West Harris, State of Texas, promises to Bank of Houston, Houston, Texas, the in lawful money of the United interest due that date on the City of West Bonds, Series 1948, dated September 1, 1948, Mayor, City of West University Place, Texas City Secretary, City of West University Place, Texas *(Bonds Nos. 18 to 60, both inclusive, shall contain the following additional clause:: o 217 [i unless said bond shall have been called for previous redemption as therein provided and due provision has been made for the redemption thereof,). Section 7: The following certificate shall be printed on the back of each of said bonds: OFFICE OF THE COMPTROLLER THE STATE OF TEXAS I hereby certify that there is on file and of record in my office a certificate of the Attorney General of the State of Texas to the effect that this bond has been examined by him, as required by law, and that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas, and that it is a valid and qinding obligation upon said City of West University Place, Texas, and that said bond has this day been registered by me. WITNESS my hand and seal of office at Austin, Texas, this day of , 1948. Comptroller of Public Accounts of the State of Texas c Section 8: While said bonds, or any part of the principal thereof or interest thereon, remain outstanding and unpaid, there is hereby levied and there shall be annually assessed and collected in due time, form and manner and at the time other city taxes are assessed, levied 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 "iMmatures; and a tax of 2-1/2~ on each $100 valuation of taxable property within said city is hereby levied for the current year 1948 to pay the interest on said bonds and to create a sinking fund for the redemption thereof at maturity, and said tax shall be assessed, collected and applied to the purpose named; and for the purpose of providing a fund for the payment of principal and interest on said bonds as they respectively become due and payable, there is hereby levied for each of the years while said bonds or any part-of the principal thereof or interest thereon remains outstanding and unpaid, a continuing direct annual ad valorem tax upon all taxable property within said city sufficient therefor, and said taxes, when collected, shall be applied to the payment of principal and interest on said bonds, and to no other purpose. [] Section 9: That the Mayor shall take and have charge of said bonds pending their investigation and approval by the Attorney General and, when so approved, shall deliver them to the Comptroller of Public Accounts for registration. Section 10: The sale of said bonds to The Columbian Securities Corporation of Texas and First of Texas Corporation, San Antonio, Texas, at'a price of par plus accrued interest plus a cash premium of $40.55 is I' . r" . . .~ _ __ r' , 1 n , 'II 218 1/ ; .. ..J ~::: L. . .:" ..1 hereby ratified, confirmed and approved and said bonds shall be de- livered to the purchasers upon paym8nt of the purchase price. ] PASSED and APPROVED this 16th day Of August, 1948. ATTEST: City Secretary, City of West University Place, Texas Ci ty of ' est Uni versi ty Place, Texas ~J J