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HomeMy WebLinkAboutORD 54-KGRID, c ' 17 L AN ORDINANCE PROVIDING FOR THE ISSUANCE OF 1225,000.00 CITY OF BEAUMONT REFUNDING BONDS FOR THE, PURPOSE OF REFUNDING PART OF THE OUTSTANDING INDEBTEDNESS OF THE CITY OF BEAUMONT REPRESENTED BY $225,000.00 CITY OF BEAUMONT WATER WORKS BONDS; PROVIDING FOR THE LEVY AND COLLECTION OF THE NECESSARY TAX TO PAY THE INTEREST AND CREATE A SINKING FUND FOR THE REDEMPTION OF SAID REFUNDING BONDS AT MATURITY; PRESCRIBING .THE FORM OF SUCH BONDS, rXD DECLARING AN EMERGENCY. It appearing affirmatively to the City Commission that the City of Beaumont has heretofore issued q5500,000.00 City of Beaumont Water Works Bonds #2 dated Larch 1, 1914, bearing inter- est at the rate of five per cent (5%) per annum, maturing forty (40) years after their date, with option of redemption at any time after twenty (20) years from their date, and that Two Hundred Twenty-five Thousand Dollars ($2253000.00) of such bonds are still outstanding; And it further appearing to the City Commission that all of the hereinbefore described bonds have reached their optional date, and that it is advisable and to the best interest of the City of Beaumont that they should be called for redemption, and should be refunded at a lower rate of interest, as hereinafter more fully set out, by the issuance of the hereinafter described refunding bonds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT.- Section- That the City of Beaumont shall issue refunding bonds of said City to the extent of Two Hundred Twenty-five Thousand Dollars ($225,000.00) for the purpose of refunding and canceling and in lieu of like amount of the hereinbefore described out- standing bonds of the City of Beaumont, said refunding bonds to be issued for the following purpose, to -wit: City of Beaumont Water Works Refunding Bonds Series A, to the amount of $225,000.00. That said refunding bonds provided for herein shall be and are issued under and by virtue of the Constitution and laws of the State of Texas, and the Charter of the City of Beaumont, including Articles 717 and 725 Revised Civil Statutes of 1925, and Section 16, sub -section 99 of the Charter of the, City of Beaumont. Section 2. The said refunding bonds in the sum of Two Hundred Twenty- five Thousand Dollars ($2259000.00) shall be divided into nine (9) installments, and shall be known and called "CITY OF BEAUMONT WATER WORKS REFUNDING BONDS SERIES All; and the Mayor of the City of Beaumont is hereby authorized and directed to have prepared and executed a set of bonds for said purpose as follows. WATER WORKS REFUNDING BONDS SERIES A, $225,000.00. tijater Works Refunding Bonds Series A, Two Hundred Twenty-five Thousand Dollars ($225)000.00) to be divided into two hundred twenty-five (225) bonds of the denomination of One Thousand Dollars ($1,000.00) each, to be numbered from one (1) to ttvio hundred twenty-five (225) , inclusive, payable as follows, respectively. _e • #3. refunding and canceling and in lieu of a like =?mount of valid out- standing Water Works bonds of said city, under and by virtue of the Constitution amd laws of the State of Texas, and the Charter of the City of Beaumont, including Articles 717 and 725, Revised Civil Statutes of 1925, and Section 16, subsection 9, of the Charter of the City of Beaumont, and pursuant to an ordinance passed by the City Commission of the City of Beaumont, which ordinance is of record in the Minutes of said Commission. The date of this bond in conformity with the ordinance above mentioned, is September 1, 1935. And it is hereby certified and recited that the issuance of this bond and the series of which it is a part is duly authorized by law, and that all acts, conditions, and things required to be done precedent to and in the issuance of this bond and of the series of which it is a pert 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 indebtedness of said city, including the entire series of bonds of which this is one, does not exceed any constitutional or statutory limitation. IN WITNESS WHEREOF the City Commission of the City of Beaumont, Texas, has caused its corporate seal to be affixed hereto and this bond to be signed by its Mayor, countersigned and attested by its City Clerk, and registered by its Director of Finance, and the interest coupons hereto attached to be executed by the facsimile signatures of its Mayor and its City Clerk, as of the lst day of September, A. D. 1935. mayor, City of Beaumont, Texas. Countersigned and Attested° City Clerk, City of Beaumont, Texas. Registered, Director of Finance, City of Beaumont, Texas. FORM OF COUPON No. 015.00 On the lst day of _ , 19 , the City of Beaumont, Texas, promises to pay to bearer at the office of the Director of Finance of the City of Beaumont, at Beaumont, Texas, or at the Chase National Bank of New York City, New York, at the option of the holder, the sum of FIFTEEN and No/100 DOLLARS ($15.00) in lawful money of the United States of America, being six months' interest due that date on its City of Beaumont Water Works Refunding Bond Series A, dated September 1, 1935, numbered ATTEST. City Clerk, City of Beaumont, Texas. Mayor, City of Beaumont, Texas. Section 4 The following certificate shall be printed on the back of each bond. #2. Nos. 1 to 25 of $1,000.00 each payable lst day of September, 1936 Nos. 26 to 50 of $1,000.00 each payable lst day of September,, -1937 Nos. 51 to 75 of $1,000.00 each payable lst day of September, 1938 Nos. 76 to 100 of $19000.00 each payable lst day of September, 1939 Nos. 101 to 125 of $1,000.00 each payable lst day of September, 1940 Nos. 126 to 150 of $1,000.00 each payable lst day of September, 1941 Nos. 151 to 175 of $1,000.00 each payable lst day of September, 1942 Nos. 176 to 200 of $1,000.00 each payable 1stday of September, 1943 Nos. 201 to 225 of $1,000.00 each payable lst day of September, 1944. Said bonds are to be payable in -lawful money of the United States of America, each dated the -first day of September, A.D. 1935) numbered from one (1) to two hundred twenty-five (225), inclusive, and shall bear interest from their date at the rate of three percent (3f) per annum, interest payable semi-annually on March lst and September lst of each year until fully paid. The Mayor shall sign said bonds, and they shall be counter- signed and attested by the City Clerk, and registered by the Director of Finance, and the seal of the City of Beaumont shall be impressed upon .each one of them. The coupons shall be executed with the litho- graphed signatures of the mayor and City Clerk. Said bonds and interest coupons shall be payable upon presentation and surrender at the office of the Director of Finance of the City of Beaumont, at Beaumont, Texas, or at the Chase National Bank of New York City, New York, at the option of the holder. Section 3. The bonds and interest coupons above provided for upon their face shall be substantially in words and figures as follows: FORM OF BOND UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF JEFFERSON CITY OF BEAUMONT WATER WORKS REFUNDING BOND SERIES A No. 1. $1,000.00. KNOti,z ALL MEN BY THESE PRESENTS; That the City of Beaumont, in the State of Texas, for value received, acknowledges itself in- debted and hereby promises to pay to bearer on the lst day of September, 1936, the sum of ONE THOUSAND DOLLARS - - - - - - - - - - - - - - - - ($11000.00) in lawful money of the United States of America, with interest there- on from the date hereof at the rate of three percent (3%) per annum, interest payable semi-annually on Larch lst and September lst of each year, principal and interest payable upon presentation and surrender of bond or proper coupon at the office of the Director of Finance of the City of Beaumont, Beaumont, Texas, or at the Chase National Bank of New York City, New York, at the option of the holder, and said city is hereby held and firmly bound and its full faith and credit and all taxable real and personal property therein are hereby pledged for the prompt payment of the principal of this bond and the interest thereon as it matures. This bond is one of a series of two hundred twenty-five (225) bonds of the denomination of One Thousand Dollars ($1,000.00) each, known and called Water Works Refunding Bonds Series A, of like tenor and date except as to maturity, numbered from one (1) to two hundred twenty-five (225) , inclusive, bearing interest at three percent (3%) per annum; aggregating in amount,Two Hundred Twenty-five Thousand Dollars ($225,000.00), said bonds issued for the purpose of #4. OFFICE OF 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 it is a, valid and binding obligation upon said City of Beaumont, Texas, and said bond has this day been registered by me. WITNESS my hand and seal of office at Austin, Texas, this the _ day of _ , 1935. Comptroller of Public Accounts of the State of Texas. Section 5 Be it further ordained that for the purpose of paying the interest on said VVater V--Jorks Refunding Bonds Series A, as well as the various installments of principal as the same shall, respectively mature, there is hereby levied for the year 1935 and for each year thereafter so long as the same may be necessary to provide for the interest and annual installments of principal of said bonds, on all of the property in the City of Beaumont subject to taxation, an additional tax of tiP.065 on each one hundred dollars valuation of all taxable property within the City of Beaumont, or so much thereof or such other rate of tax as shall be necessary, and the same shall bo so annually assessed, collected end applied, and said tax or so much thereof or such other tax as may be necessary is hereby levied for each year hereafter while said bonds or any number thereof are outstanding, and the same shall be annually assessed, collected and applied to the purpose named. The taxes heretofore levied for the purpose of paying the bonds being refunded hereby are ratified, brought forward and consolidated into the levy. Section 6 It is further ordained that the Mayor of said City is hereby authorized to take and have charge of said bonds pending their in- vestigation by the Attorney General and registration by the Comptroller of Public Accounts, and is also authorized to deliver the same either all at one time or in installments in exchange for the surrender and cancelation of an equal amount of the hereinbefore described bonds that are being refunded, and in the event such deliveries shall be made in installments, the Mayor is hereby authorized to deliver any of the new bonds in exchange for the surrender and cancela.tion of a like amount of any of the old bonds which are being refunded. Section 7 The fact that it will be to the advantage of the financial condition of the. City of Beaumont to complete the refunding herein provided constitutes an emergency and an imperative public necessity requiring that the rule requiring ordinances to be passed at more than one meeting be suspended, and such rule is hereby suspended, and this ordinance shall be in force and effect from and after its passage. Passed -by the affirmative vote of all members of the City Commission this the 30th day of July, A.D. 1935. 1dayor. .