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HomeMy WebLinkAboutORD 654 - ORD Authorizing Issuance of $250,000 First Installment of $295,000 Prescribing to Pay the Principal & Interest (' " I " '----) n I) I, I ' .~ I Ji !}1 It, 185 ORDINANCE NO. 61)4 AN ORDINANCE AUTHORIZING THE ISSUANCE OF $250,000 FIRST INSTALLMENT OF A $295,000 ISSUE OF CITY HALL BONDS; PRES- CRIBING THE TERMS AND CONDITIONS THEREOF; AND LEVYING TAXES TO PAY TEE PRINCIPAL AND INTEREST THEREON WHEREAS, at an election-held in the City of West University Place, Texas, on the 12th day of' December, 1953, more than a majority of the duly qualif'ied resident electors who own taxable property within said City and who had duly rendered the same for taxation, voting at said election, voted in favor of' the issuance of' the bonds of' said City in the amount of $295,000.00 for the purpose of constructing and equipping a City Hall within said>City;: and WHEREAS, said election was properly called and notice thereof givena~ required by law; and the City Commission has heretofore can- vassed the results thereof' and determined the specific authority of the City to issue said bonds; and WHEREAS, the City Commission is of' the opinion that it is de- sirable at this time to authorize the issuance, sale and delivery of' a first installment of said bonds in the sum of $250,000.00, leaving the re- maining $45,000.00 bonds to be issued, sold and delivered as the City needs additional funds for constructing and equipping a City Hall within said City; Theref'ore BE IT ORDAINED by the City of West University Place, Texas: Section 1: That the bonds of the City of' West University Place, Texas, be issued in. the principal sum of Two Hundred Fifty Thousand Dollars ($250,000.00), to be known and designated as 110ITY OF WEST UNIVERSITY PLACE CITY HALL BONDS, SERIES 1954", f'or the purpose of' constructing and equipping a City Hall within said City, under and by virtue of'the Constitution and laws of'the State of Texas, particularly Chapters land 7 of Title 22, Revised Civil Statutes of Texas, 1925, as amended, and the Charter of the City of West University Place, said bonds constituting a first installment or series of' bonds issued by ,the City of West University Place out of' an issue in the total principal amount of $295,000.00, authorized by a vote of' the duly qualif'ied resident electors of said City who own taxable property within said City and who had duly rendered the same f'or taxation, voting at said election held in said City on December 12, 1953, and voted f'or the purpose of' constructing and equipping a City Hall within said City. pection.R.; That said bonds shall be dated January 15, 1954, shall be numbered f'rom 1 to 250, both inclusive, shall be in the denomination of $1,000.00 each, aggregating $250,000.00, and shall become due and payable on January 15th in each of the years and in the respective amounts shown in the fol- lowing schedule, to-wit: l_________~__~~____--.:.~._._....,'~,._,..,~...,.. .'""~."'_.''''~__~~ , \ IT: ' I:, ..' c:::I I 186 Bonds. Nos. - Maturity Amount 1 - 13 January 15, 1955 $ 13,000.00 'l 14 - 27 ft 1956 14,000.00 28 41 It 1957 14,000.00 '~ 42 - 55 " 1958 14,000.00 56 - 70 " 1959 15,000.00 71 - 85 It 1960 15,000.00 86 - 100 " 1961, 15,000.00 101 - 115 fI 1962 15,000.00 116 - 130 It 1963 15,000.00 131 - 145 It 1964 15,000.00 146 160 " 1965 15,000.00' 161 - 175 " 1966 15,000.00 176 - 190 " 1967 15,000.00 191 - 205 " 1968 15,000.00 206 - 220 It 1969 15,000.00 221 - 235 " 1970 15,000.00 236 - 250 It 1971 15,000.00 The City of West University Place expressly reserves the right to redeem Bonds Nos. 161 to 250, both inclusive, of' this issue, in whole or in part, on January 15, 1965, or on any interest payment date thereafter, by paying to the owners and holders thereof' a price equal to the princip~l amount of' the bonds redeemed plus unpaid accrued interest to the date fixed f'or redemption. Notice of the exercise ,of' the option to redeem shall be given in writing to the bank at which said bonds are payable and by publi- cation of such notice one (1) time in a financial journal of general circu- lation in the United states of' America, which notice shall be published and mailed at least thirty (30) days prior to the date f'ixed for redemption. , When said bonds, in whold or in part, have been called for redemption in the manner prescribed, and when due provision has been made to pay the principal and unpaid accrued interest, the rigbt of the owners and holders to collect interest whic~ would otherwise accrue after the redemption date on the bonds called for redemption shall terminate on the date f'ixed f'or redemption. n , , I i---.J Section 3: That said bonds shalr bear interest as follows: Bonds Nos. ~ to 70 , both inclusive, at the rate of' 2-1/2% per cent per annum; * and Bonds Nos. 101 to 250, both inclusive, at the rate of' 2 1/2~ per cent per annum,"""'1'Uterest payable January 15,1955, and, semi-annually there- after on July 15th and January 15th of each year until the principal sum is paid. Both principal of' and interest on said bonds shall be payable in lawful money of' the United States of' America at The City National Bank of' Houston, Houston, Texas, upon presentation and surrender of the bonds as they severally become due, or, as to interest falling due on and prior to maturity, 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 countersigned by the City Secretary and the corporate seal of the City shall be impressed upon each of them. The f'acsimile signatures of' the Mayor and City Secretary may be lithographed, engraved or printed on the !I i I i~J * Bonds Nos. 7~ per annwn; to 100 ,both inclUSive, at the rate of 2% per cent I] I L,i Ii i , I I ' 'L-J i-I Li 187 coupons attached to said bonds and shall have the same eff'ect as if they had been signed by said off'icers. 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 crry OF WEST UNIVERSITY PLACE' CITY HALL BOND, SERIES 1954 The City of West University Place, in the County of narris, State of Texas, fQrya.luereceived, hereby acknowledges itself indebted to and promises'toP!3.yto bearer on the 15th day of January, 19_, the sum of ONE THOUSAND DOLLARS ($1,000.00), with interest thereon f'rom date hereof' at the rate of % per annum, interest payable January 15, 1955 and semi-annually thereafter on July 15th and January 15th of each year until the principal sum hereof shall have been paid. Both principal hereof and interesther~on are payable in lawful money of'the United States of America at The City National Bank of Houston, Houston, Texas, and "interest f'alling due on or prior to maturity is payable only upon presentation and surrender of' the interest coupons hereto attached as they severaliy become due. The date of this bond, in conformity with the ordinance hereinafter mentioned, is January 15, 1954. The City of' West University Place expressly reserves the right to redeem bonds Nos. 161 to 250, both inclusive, of' this issue, in whole or in part, on Janua~ 15, 1965, or on any interest payment date thereafter, by paying to the owners and holders thereof a price equal to the principal amount of'the bonds redeemed plus unpaid accrued interest to the date fixed for redemPtion. Notice of the exercise of the option to redeem shall be given in writing to the bank at ~hich said bonds are payable and by publi- cation of' such notice one (1) time in a financial journal of 'general circu- lation in the United ptates of' America, which notice shall be published and mailed ~t least thirty (30) days prior to the date fixed f'or redemption. ,When said bonds," in whole or in part, have been ,called f'or redemption in the manner prescribed, and when due provision has been made to .pay the principal and unpaid accrued interest, the right of' the owners and holders to collect interest which would otherwise accrue af'ter the redemptio~ date 1:::---' ,.-.-.....-..-.- "[ .:iLl ~:2 _ _______.___~.C" nr ' T ,~~~_..:., .1 ,__I t.88 on the bonds called for redemption shall terminate on the date f'ixed for redemption. This bond is one of a serie~ of' two hundred fif'ty (250) bonds of like date and tenor, except as to number, interest rate~ maturity and option of redemption, numbered from 1 to 250, both inclusive, in the denomination of One Thousand Dollars ($1,000.00) each, aggregating-Two Hundred Fifty Thousand Dollars ($250,000.00), being a portion and the first installment or series of bonds issued by the City of West University Place out of' an issue in the total principal amount of $295,000.00 authorized by a vote of the duly qualif'ied resident electors of' said City who own taxable property, within s~d City and who had duly rendered the same f'or taxation, voting for the purpose of constructing and equipping a City Ball within said City, under and in strict conformity with the Constitution and laws of' the state of Texas, particularly Chapters 1 and 7, Title 22, Revised Civil Statutes of' Texas, 1925, as amended, the City Charter of' said City, and pursuant to an ordinance duly passed and adopted by the City Commission of the City of West University Place, Texas, duly recorded in the miriutes of' said City , Commission. It is hereby certif'ied, 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 12th day of' December, 1953, and that all acts, conditions and things necessa~ 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' perf'ormed in regular and due time, form and manner as required by law; 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 due and to provide a sinking fund for the f'inal redemption of' said bonds at maturity; and that the issuance of' these bonds of' which this one is a part, together with all other indebtedness of said City, does not exceed any Constitutional or statutory limitation. IN WITNESS WHEREOF, the City Commission of the City of West University Place, Texas, has caused the seal of said ,City to be af'fixed hereto and this bond to be signed by, the Mayor and countersigned by the City Secreta~, and the interest coupons hereto attached to be executed'by the facsimile signa- tures of' said Mayor and City Secretary, all 'as of'the 15th day of January, 1954. ~)f~~ Mayor, ]. y of' West University Place, Texas COtlNTERSIGNED: City Secretary, City of West University Place, Texas * at an election held in said City on December 12~ 1953, and voted ,~ LJ Ii , I U I~ II ! I I i--.J 189 * Bonds Nos. 2- to ~, both inclusive, bear interest at the rate of 2-~/2i per cent per annum; Bonds Nos. -11-- to 100, both inClusive, bear interest at the rate of,~ per cent per annum; Bonds Nos. 101 to 250, both inclusive, bear interest at the rate of' .2-1/20/0 -;;r-cent per annum~ cSection 6: That the f'orm of coupon to be attached to said bonds shall,be' substantially as follows: NO. :I> On the 15th day of' , 19 , * the City of' west University Place, in the County of Harris, State of' Texas, promises to pay to bearer at The, City National Bank of' Houston, Houston, Texas, the sum of :I> , in lawful money of the United States of' America, being the interest due that date on the City of West University Place City Hall Bond, Series 1954, dated January 15, 1954, Bond No~ Ii Mayor LJ City Secretary *(Coupons on Bonds Nos. 161 to 250, both inclusive, shall contain thef'ollowing additional clause: unless the bond to which this coupon appertains has been called f'or previous redemption and dUe provision, made to redeemsame1). Section 7: That substantially the following certif'icate shall be printed on the back of' each of' said bonds: OFFICE OF TEE COMPl'ROLLER REGISTER NO. THE STATE OF TEXAS [: I hereby certif'y that there is on f'ile and of' record in my office a certif'icate of the Attorney General of the State of' Texas to the effect that thi.s bond has been examined by him as required by law; that he finds that it has been issued in conf'ormity with the Constitution and laws of the State of' Texas, and that it is a valid and binding obligation upon said City of West University Place, Texas, and said bond has this day been registered by me. WITNESS my hand and seal of of'f'ice at Austin, Texas, Comptroller of Public Accounts of' the State of Texas. II j L J 190 Section 8: While said bonds, er any part of the principal thereof or interest thereon remain outstanding and uppaid; 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 within 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 to pay the interest on said bonds and create said sinking fund, there is hereby levied f'or the year 1954 a tax at the rate of thirtp.p.n (13~) cents on , each $100 valuation of taxable property within said City, and'the same shall be assessed and collected and applied to the purpose named; and for the purpose of providing a f'und f'or the payment of principal and interest on said bonds as they respectively become due and payable, there is hereby levied f'or each of' the years while said bonds or any part of the principal thereof, or interest thereon, remain outstanding and unpaid, a continuing direct annual ad valorem tax upon all taxable property within said City sufficient for such purpose, due allowance being made f'or de~inquencies and costs of collection, 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: It shall be the duty of the Mayor to submit the record of the bonds and the bonds to the Attorney General of the State of' Texas f'or approval and thereaf'ter to have them registered by the Comptroller of Public Accounts of the State of Texas. Section 10:, That the sale of said bonds to TJndp.1"'W'nnd J Nplln:;:mFl R" ('!n and Rotan. Mosle and Cooner. Houston. 'T'p.xas at a price equal to t.np r1'";nr>;r",l amount of said bonds ~lU~~C~:~~~ ~~P.~~~~ ~n~;~n ~~ ~h~ nig~ ~~ ~"';n bonds to the date of ct . P. P .n ~ 9 n subject to the unqualified approving opinion as to legality of the Attorney General of' Texas and market attorneys selected by the ~urchaser, is hereby authorized, approved, ratified and conf'irmed. When said bonds have been approved by the Attorney General of' Texas and registered by the Comptroller of Public Accounts of'Texas, they shall be delivered to the purchaser upon receipt of the purchase price. The Mayor and City Secretary are authorized and directed to do any and all things necessary and/or convenient to carry out the provisions of' this ordinance. PASSED AND APPROVED this 19th day of January , 1954. IVERSITY' ATTEST: CITY SECRETARY I~ L~ ! I I i ~J II ~