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HomeMy WebLinkAboutORD 393 - ORD Authorizing the Issuance of $25000 Garbage Disposal Bonds 219 i-i L-I ORDTNANr.F. NO. ~9~ AN ORDINANCE AUTHORIZING THE ISSUANCE OF $25,000 GARBAGE DISPOSAL BONDS, PRECRIBING THE TERMS AND CONDITIONS THEREOF, AND LEVYING TAXES TO PAY THE PRINCIPAL AND INTEREST THEREON. VillEREAS, 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 rentlered the same for taxation voting at said election, voted in favor of the issuance of the bonds of said City in the amount of $25,000 for the purpose of purchasing property for garbage disposal facili ties and equipment; .and / ~mEREAS, said election was properly called and notice thereof given as required by law and the City Commission has heretofore con-.' vassed the results thereof and determined the specific authority of the City to issue said bonds; Therefore BE IT ORDAINED by the Ci~y Commission of the City of West Univer- sity Place, Texas: r~ i I LI Section 1: That the bonds of the City of West University Place, Texas, be issued in the principal amount of $25,000 to be known and designated as ItCITY OF WEST UNIVERSITY PLACE GARBAGE DISPOSAL BO~mS, SERIES 194811, for the purpose of purchasing property for garbage disposal facilities and equipment 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. Sectiono2: Said bonds shall be dated September 1, 1948, shall be numbered from 1 to 25, both inclusive, shall be in the denomination of $1,000 each, aggregating $25,000 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 follo~dng schedule, to-~dt: Bonds Nos. Maturity Amount 1. January 15, 1950 $1,000 2 It II 1951 1,000 3 It II 1952 1,000. 4 It II 1953 ---~,~ 1,000 5' II II 1954 1.,000 6 II II 1955 1,000 7 It II 1956 1,000 8 II " 1957 1,000 9 II II 1958 1,000 11 I ! 10 II II 1959 1,000 11 II. " 1960 1,000 '---J 12 II " 1961 1,000 I' ..'. "Ie ......1 I r' JI i'i' II I L. I ,I 220 13 January 15, 1962 $1,000 !l 14-15 It II 1963 2,000 16-17 It It 1964 2,000 I~ 18-19 If II 1965 2,000 20-21 It " It 1966 '2,000 22-23 It II 1967 2,000 24-25 It It 1968 2,000 The City of West University Place, Texas, reserves the right to redeem said bonds then outstanding on January 15, 1958, or on any interest payment date thereafter by paying the principal amo~~t 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, 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, shall be terminated on the date fixed for redemption. f Section 3: Said bonds shall bear interest as follows: Bonds Nos. 1 to 19, both inclusive, at the rate of 3!% per annum, and bonds Nos. 20 to 25, both inclusive, at the rate of 3i% per annum, interest payable on January 15, 1949, and 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 of ,the United States of America at The City National Bank of Houston, Houstor)., Texas, and interest falling due on and prior to matur- ity shall be payable only upon presentation and surrender of the interest coupons attached to said bonds as they severally become due. II IJ Section 4: That each of said bonds shall be signed by the Mayor and countersigned 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 ~: That the form of said bonds shall be substantially as follows :: No. $1,000.00 UNITED STATES OF AMERICA STATE OF TEXAS CGUNTY OF HARRIS CITY OF vVEST UNIVERSITY PLACE GARBAGE DISPOSAL BO~D SERIFS 1948 J The City of West University Place, in the County of Harris, in the State of Texas, for value received, acknowledges itself i~debted to 2'2 1 c and promises to pay to bearer on , 19 _ the sum of ONE THOUSAND DOLLARS ($1,000.00), in lawful money of the United States of America, with in- terest thereon from date at the rate of % per annum, payable January 15, 1949, and semi-annually thereafter on July 15 and J~ary 15 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 interest falling due on or prior to maturity is payable only upon pre- sentation and surrender of the ~nterest coupons hereto attached as they severally become due. [ (Bonds numbered from 10 to 25, both inclusive, sh~ll 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 thereon 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 State of America at least one time and said notice shall be mailed and pub- lished 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 twenty-five (25) bonds of like date and tenor, except as to number, maturity, option of redemption, and interest rate, numbered 1 to 25, both inclusive, in the denomination of One Thousand Dollars ($1,000) each, aggregating $25,000.00, and is issued for the purpose of purchasing property for garbage disposal facilities and equipment, under and in strict conformity with the Con- stitution and Laws of the State of Texas, particularly Chapters 1 and 7 of Title 22, Revised Civil Statutes of Texas, 1925, a.s amended, and the City Charter of said City, particularly 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 Commission. The. date of this bond, in conformity with the above mentioned ordinance, is September 1, 1948. n I I LJ 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 July 24, 1948, and that all acts, conditions, and things necessary to,be done pre- cedent to and in the issuance of these b6nds, 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; that due provision has been mgde for levying and collection annually by taxation an amount sufficient to L ,[ , ':::'1 ~T : .II i't: II 1 l.. L ,I 2-22 pay the interest on these bonds as it falls due and to provide a sink- ing 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 statu- tory limitation. [] IN WITNESS 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 bond to be signed by the Mayor and countersigned 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: f City Secretary City of West University Place, Texas Section 6: The form of the coupons to be attached to said bonds shall be substantially as follows: 1= No. $ On the 15th day University Place; in pay to bearer at The sum of of ,19 ,.* the City of West the County of Harris, State of Texas, promises to City National Bank of Houston, Houston, Texas, the Dollars ($ -), in lawful money of the United States of America, being the interest due that date on the City of West University Place Garbage Disposal Bonds, Series 1948, dated SeptEmber 1, 1948, Bond No. Mayor City of West University Place, Texas City Secretary City of West University Place, Texas *Bonds Nos. 10 to 25, both inclusive, shall contain the following: u 223 unless the bond to which this coupon was attached has been called for previous redemption. 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 thatnthere is on file and of record in my office a certificate of the Attorney General of the State of Texas to the effect t.hat this bondhasbeenexarnine~byhim, as required by law, and that 'ne~finds'that"1.thas'beeh3jlsjs:\Xed;i~Cbnformi ty with theConsti tution and Laws of the State of Texas, and that'i t 'is a valid and binding obli- gation 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 Section 8: While said bonds, or any part of the principal there- of 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 in- terest thereon and to create a sinking fund to pay the principal as it matures; and a tax of l~ on each $100 valuation of taxable property with- in said City is hereby levied for the current year 1948 to pay interest on said bonds and to create a sinking fund for their redemption at maturity and said tax shall be assessed, collected and applied to the purpose named; and for the purpose of providing a f~d for the payment of principal and interest on said bonds as they respectively become due and payable, there is hereby levied fer each of the years while said bonds or any part of the principal thereof or interest thereon re- mains 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. I' I I i ! LJ 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 $16.10 is hereby ratified, confirmed and approved and s'aid bonds shall, be delivered to the purchasers upon payment of the purchase pri~e. 224 II PASSED and APPROVED this 16th day of August, 1948. ATTEST: City Secretary, City of West University Place, Texas jr- L University I, ,I '~I I ! \--.J Ii I l---.J '-I I ~