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HomeMy WebLinkAboutORD 235 Authorizing Issuance of Storm Sewer Bonds ~ .- 242 ORDINANCE NO. 235 AN ORDINANCE AUTHORIZING THE ISSUANCE OF ih84,000 STORlVI SEVIER BONDS AND PROVIDING FOR THE PAYlvillNT OF PRINCIPAL Al'JD IN'l'J2;REST THEREON BY THE LEvlING OF AD VALOREM TAXES. iJ ******************* vVHEREAS, at an election held in the Uity of West Univer- sity Place, Texas, on January 24, 1942, a majority of the duly qualified, resident electors who own taxable property in said City and who had duly rendered the same for taxation, voted in favor of the issuance of the bonds of said City in the amount of One Hundred Eighty-]'our Thousand ($184,000) Dollars for the pur- pose of securing funds to c'nstruct storm sewers and drainage structures in and for said City; and vVHEREAS, said election was properly called and notice thereof given as required by law and this City Commission has here- tofore canvassed the returns thereof and determined the specific authority of the City to issue said bonds; therefore, BE IT OdDAI~~D by the Oity Commission of the City of West University Place, Texas: 1. il,] That the bonds of the City of West University Place, Texas, be issued in the principal amount of One Hundred Eighty-Four Thousand ($184,000) Dollars, to be known and designated as: ltCITY OF liVEST UNIVERSITY PLACE, TEXAS, STORM SEWER OOl\IDS, SERIES 1942, tf under and by virtue of the Constitution and Laws o~ the state of Texas, particularly Chapters 1 and 7 ,of Title 22, Revised Civil Statutes of Texas, 1925, and the City Charter of said City, parti- cularlyArticle XXIII thereof, for the purpose of securing funds to construct stQrm sewers and drainage structures in and for said City. II. . Said bonds shall be dated march 1, 1942, shall be numbered from 1 to 184, both inclusive, shall be in the denomination of One Thousand ($1,000) Dollars each, aggregating $184,000, and shall become due and payable on the 1st day of March in the respective amounts and during the years as shown on the following schedule, to- vii t : Bonds Nos. MAt.l1T'it.y ...l'\WO'1ut 1-2 3-1-43 $2,000.00 3-4 3-1-44 2,980.00 5-6 3-1-45 2,000.00 r-'-- 7-8 3-1-46 2,000..00 I~J 9-10 3-1-47 2,000.00 11-12 3-1-48 2,000.00 13-15 3-1~49 3,000.00 243-. Bonds Nos. Maturity Amount ~ - 16-18 3-l-.5D $3,000.00 I I 19-22 .3-1-.51 4,000.00 2.3-26 3-1-.52 4,000.00 lL- 27-31 3-l~.53 .5,000.00 32-36 3-1-54 5,000.00 .37-41 . 3-1-5.5 .5,000.00 42-46 .3-1-56 .5,000.00 .57-51 3-1-57 .5,000.00 .52-.56 3-1-.58 5,000.00 .57-61 3-1-59 5~000.00 62-66 3-1-60 .5,000.00 67-71 3-1-61 5,000.00 72-76 .3-1-62 .5,000.00 77-81 3-1-63 .5,000.00 82-86 3-1-64 5,000.00 87-91 3-1-6.5 .5,000.00 92-101 .3-1-66 10,000.00 102-112 .3-1-67 11,000.00 113-124 3-1-68 12,000.00 125-137 3-1-69 13,000.00 1.38-1.50 .3-1-70 13,000.00 1.51-167 '. 3-1-71 17,000.00 168-184 3-1-72 17,000.00 L r The City of West University Place, Texas, reserves the right .to redeem said bonds on March 1, 1952, or on any interest payment thereafter by paying the principal amount and accrued interest to the date fixed for redemption. In the event the City elects to redeem all or any part of the bonds then outstanding, notice there- of in writing shall be given to the banks at which such bonds are payable and by publication one time in a financial journal of gen- eral circulation in the United States, which said notices shall be given and published at least thirty (30) days prior to the date fixed for redemption. III. Said bonds shall bear interest as follows: Bonds Nos. 1 to 26, both inclusive, shall bear interest at the rate of three {3~) percent per annum, and Bonds Nos. 27 to 184, both inclus.i ve, shall bear interest at the rate~of 3 3/4~ percent per annum, interest payable March 1, 1943, and semi-annually thereafter on the 1st day of September and the 1st day of March of each year until the principal sum is paid; both principal and interest on said bonds shall be payable in such funds as are, on the respective dates of payment, legal tender for debts due the Uniued States of America, upon presentation and ?urrender of bond or proper coupon at The City National Bank of tlouston, Houston, Texas, or, at the option of the holder, at the 11;~anuf.acturers Trust Company, New York, New York. IV. That each of said bonds shall be signed by the Mayor and counter- signed by the City Secretary, and the corporate seal of said City =. 244 shal~ be impressed upon each of them. The facsimile signatures of the fuayor and Gity Secretary m~ be lithographed, engraved or printed on the ooupons attached to said bonds and shall have the same effect !\~. as if they had been signed by said officers. . I v. That the form of said bonds shall be substantially as follows: No. " 1111,000.00 UNITED STATE 0]' AMERI CA STA'I'E OF TEXAS COUNTY OF HARRIS CITY OF 1rVEST UNIVERSITY PLACE STORI,l SEVfER BOND and self 19 SERIES 1942 The City of West University Place, in the County of Harris State of Texas, for value received, acknowledges itself in- indebted to and hereby promises to pay to bearer on March 1, , the sum of ONE THOUSAND ($1,000.00) DOLLARS 'l in such funds as are, on said date, legal tender for debts due the ~~TED STATES of America, with interest thereon from date at the rate of percent per annum, paya~le March 1, 1943, and semi-annually thereafter on September 1 and IDarch 1 of each year until the principal sum shall be paid, Which interest is payable in such funds as are, on the respective dates of payment, legal tender for debts due the ~United States of America, upon presentation and surrender of proper coupons as they severally become due; both principal and interest shall be payable at The City National Bank of Houston, Houston, Texas, or, at the option of the holder, at the Manufacturers Trust Company , New York. New York . (Bonds maturing after March 1, 1952, shall contain the following additional clause: The City of West University Place, Texas, reserves the right to redeem this bond on March 1, 1952, or on any interest payment date thereafter upon payment of the princi- pal amount and accrued interest to the date fixed for redemption. In the event the City elects to redeem this bond before maturity, notice in writing shall be given to the banks at which said bonds are payable and by publication one time in a financial journal of general circulation in the U~ted States, which notice shall be given and published at least thirty days prior to the date fixed for redemption) . This bond is one of a series of one hund~ed and eighty-four (184) bonds of like date and tenor, except as to number, maturity, interest 1] I L- r ~ 'I I I 245 rate and right of redempt ion before maturity.;, numbered from 1 to 184, both inclusive, in the denomination of One Thousand ($1,000.00) Dollars each, aggregating $184,000.00, and is issued for the purpose of securing funds to construct storm sewers and drainage structures in and for said City under and in strict conformity with the Constitution and laws of the State o.r Texas, particularly Chapters l~and 7 of Title 22, Revised Civil Statutes of Texas, 1925, and the City Charter of said City, particularly Article XXIII thereof, and pursuant to an ordinance duly passed and adopted by the City Com- mission of the Uity of West University ~lace, which ordinance is of record in the ~inutes of said Gommission. The date of this bond, in conformity with the above memtioned ordinance, is fuarch 1, 1942. It is hereby certified, r:e.ci ted and represented, that this bond and the series of which it is a part werB~ duly authorized by a r~jority of the duly qualified resident electors of said City who own taxable property wit in said City and who had duly rendered the same for taxation, vqting at an election held for that purpose within said City on January 24, 1942, 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 obli- gations of said vity, have been done, have happened and been performed in regular and due time, form and manner as required by law; that the full faith, credit and resources of said Gity are hereby irrevocably pledged for the prompt payment of the principal of and interest on these bonds at maturity; that due provision has been made by 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 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 0ity, do not exceed any constitutional or statutory limitations. IN ~VIT~~SS ?mEREOF, the City Commission of the Vity of West University .Place, Texas., has caused the seal of s~id City to be affixed hereto and this bond to be signed by the ~ayor and counter- signed by the City Seoretary, and the interest ooupons hereto attach- ed to be executed by the facsimile signatures of said Mayor and Uity Secretary, as of march 1, 1942. Mayor, Uity of ~est University Place, T e x a s. Countersigned: City Secretary, City of West University Plaoe, T e x a s VI. The form of the coupons to be attached to said bonds shall be substantially as follows: ~. T ~ 246 $ NO. On the 1st day of , 19 , the West University Place, Texas, in the County of Harris and of Texas, will pay to bearer at the City National Bank of Houston, Texas, or, at the option of the holder, at the Bank, City of State Houston, i 1 Mayor, City of West University .Place, T e x a s. City Secretary, City of West University Place, T e x a s. VII. That the following certificate shall be printed on the back of each of said bonds: OFFICE OF THE COMPTROLLER 0 ~ STATE OF -TEXAS 0 " '-1 I hereby certify that thera.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 the finds it has been issued in conform- ity with the Constitution and ~aws of the ~tate of Texas, and that it is a valid and binding obligation upon said City of West Uni- versity Ylace, Texas, and that said bond has this day been re- gistered by ljla. dITNESS ~IT IiliND AND SEAL OE DFFICE at Austin, Texas, this day of 1942. Comptroller of .public Accounts of the State of Texas. VIII. There is hereby created a special fund to be known as "THE STOR1\~ S.il:VrER BONDS, SERIES 1942 J!'UND, tt into which shall be paid the taxes hereinafter levied. While said bonds, or any part of the principal thereof or intierest thereon, remain outstanding and un- paid, there is hereby levied and there whall be assessed and :1,. l collected in due time, form and manner, and at the time other City taxes are assessed, levied and colle~ted, in each year, a tax upon all paxable property in said Gity of West University Place, Texas, L r [ L.- L 247- 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 for the current year, there is hereby levied a tax at the rate of thirteen (13~) cents on each One Hundred ($100.00) Dollars voluation of taxable property within said City, and the same shall be assessed and collected and applied to the purposes 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, ~here shall be and there is hereby levied for each of the years while said bonds, or any part of the principal or interest there- on, remain outstanding and unpaid, a continuing, direct, annual ad- valorem tax upon all tax~ble property within the City of West Univer- sity Place, Texas, sufficient therefor, and said taxes, when collected, shall be applied to the payroont of principal and interest on said bonds, and to. no other purpose. IX. That the Mayor shall take and have charge of said bonds pending their investigation and ai:::proval by the Attorney General of irexas, and, when so approved, shall deliver them to-the Uomproller of ~ublic Accounts. for regi.stration. When said bonds have been duly registered, The Comptroller of , Public Accounts is hereby authorized to deliver said bonds to the fuayor, or upon his order, and the Mayor is her~by autho- rized to deliver said bonds to the purchasers thereof upon receipt of the purchase price. PASSED, 1942. APP110VZD AND AUTHENTICATED this the 4th day of February, tl;(~ Mayor lro Tem, City of West University Place, T e x a s. ATTEST: , ~O<A--- ity Secretary