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HomeMy WebLinkAboutORD 59-BBAN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF BEAUMONT REFUNDING BONDS, SERIES 1958, IN THE AMOUNT OF $432,000; PRESCRIBING THE TERMS AND CONDITIONS THEREOF; AND LEVYING TAXES TO PAY THE PRINCIPAL AND INTEREST THEREON; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT THE STATE OF TEXAS § ~-COUNTY OF JEFFERSON § - The City Council of the City of Beaumont, Texas, convened in (J1AR session at the regular meeting place -thereof within -.said City on -the day. of March, 1958, with the following- members " .present, to ---:wit: Jimmie P. Cokinos Mayor Paul.H. Anger Councilman, Ward 1 Dr. G. -M. Brassard Councilman, Ward 2 Dr. J. R. Venza Councilman, Ward 3 ___-Councilman-,---Ward-_4_-- T...-eB m Gavr * City Clerk -96$ :N?) . and the following members absent, to -wit: $ . %./CAMaq) when the following business was transacted'::. Councilman -Dr, VeZjZA introduced an ordinance and moved that it be adopted. The ordinance was read in full. The motion for adoption was seconded by Councilman and carried by the following vote: AYES: Councilmen Anger, Brassard, Venza and Mason, and Mayor Cokinos. NOES: None. The ordinance thus adopted fol- lows: AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF BEAUMONT REFUNDING BONDS, SERIES 1958, IN THE AMOUNT OF $432,000; PRESCRIBING THE TERMS AND CONDITIONS THEREOF; AND LEVYING TAXES TO PAY THE PRINCIPAL AND INTEREST THEREON; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT N 4 d/ _ 5 / 816 WHEREAS, Jefferson County Water Control and Improvement District No. 7 has heretofore issued, sold and delivered the following described bonds which are'now validly outstanding and unpaid, to -wit: JEFFERSON COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 7 WATER SYSTEM TAX AND REVENUE BONDS, SERIES 1955, dated December 1, 1955, numbered from 1 to 445, both inclusive, in the denomination of $1,.000 each, aggre- gating,$445,000, and maturing serially on April 1st in each of the years 1958 through 198.0,.both inclusive, Comptroller's Registration No. 30835; and WHEREAS, the City of Beaumont, Texas, has heretofore annexed all of the territory within said above-named District and has assumed and become liable for the payment of all.debts and obligations of said District, including the above-described issue of bonds and said bonds are now the valid and binding obligations of said City of Beaumont, and said District has been abolished and the City of Beaumont has taken over all of the assets and properties of said . --District;-and - - - - - - WHEREAS, under the provisions of Article 1182c-1, Vernon's Texas Civil Statutes, as amended, the City is authorized to refund said bonds in the name of the City of Beaumont and to provide for the payment of principal and interest thereon by levying a tax on all taxable property within said City for such purposes; and WHEREAS, $13,000 in principal amount of said Series 1955 bonds matures on April 1, 1958, and owners and holders of the remaining $432,000 of said $445,000 bonds hereinabove described, have agreed to surrender said remaining bonds in exchange for the refunding bonds hereinafter authorized; and WHEREAS, this 'City Council is of the opinion that it is to the best interests of the City of Beaumont to pay and retire, at their maturity on April 1, 1958, bonds Nos. 1 to 13, inclusive, of said Series 1955 bonds and to -refund the remaining $432,000 in.principal amount of said Series 1955 bonds (being bonds Nos. 14 to 445, in- clusive of said Series 1955 bonds) in the manner hereafter provided; -2- Therefore otd, 511.13 3 --�5-19 5T BE IT ORDAINED BY THE CITY OF BEAUMONT: Section I: That the bonds of the City of Beaumont, Texas, be issued in the principal sum of $432,000 to be known and designated as CITY OF BEAUMONT REFUNDING BONDS, SERIES 1958, for the purpose of refunding, cancelling and in lieu of a like principal amount of the Jefferson County Water Control and Improvement District No. 7 Water System Tax and Refunding Bonds, Series 1955, dated December 1, 1955, aggre- gating $432,000 and being bonds Nos. 14 to 445, inclusive of said Series 1955 bonds, which bonds have been assumed by, and are now the valid and binding obligations of, the City of Beaumont, under and by virtue of the Constitution and laws of -the State of.Texas, particu- larly Articles -1182c-1 and 2368a, Vernon's Texas Civil Statutes, as amended, and the Charter of the City of Beaumont. Section II. That said bonds shall be dated April 1, 1958, shall be numbered consecutively from 1 to 432, both inclusive, shall be in the denomi- nation of $1,000 each, aggregating $432,000, and shall become due and payable serially on the 1st day of April in each of the years 41 and in the respective amounts shown in the following schedule, to -wit: Bonds Nos. 1 - 13 14 - 27 28 - 41 42 - 56 57 - 71 72 - 87 88 - 103 lo4 - 12o! 121 - 138 139 - 156 157 - 175 176 - 194 195 - 21-4--- 1-4i215 215 - 235--, 236 - 257 258 - 279 \ 280 - 302 303 - 326 j 327 - 351 352 - 377 378 - 404 / 405 - 432 Maturity Amount 1959 $13,000 1960 7 14,. 000 1961 14,000 1962 15,000 1963 15,000 1964 16.,000 1965 16;000 1966, 17,000 1967 -18., 000 1968 18;000 1969 19,000 1970- 19,000 1971 20,000 1972 2i,006-- 1973 22,000 1974 22,000 1975 23,000 1976 24,000 1977 25,000 1978 26,000 1979 27,000 1980 28,000 -3- 3 - X25-19S� The City of Beaumont expressly reserves the right to redeem, in their inverse numerical order, Bonds Nos. 215 to 432, both inclusive, of this issue, in whole or in part, on April 1, 1971, or on any in- terest 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 witing to the bank at which said bonds are payable and by publication of such notice one (1) time in a financial journal of general circu- lation in the United States of America, which notice shall be mailed to said bank and published in said journal at.least thirty (30) days prior to the date fixed for redemption. When said bonds; in whole 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 on the bonds called for redemption to the date fixed for redemption, the right of the owners and holders to collect in- terest which would otherwise accrue after the redemption date on _ the bonds called for redemption shall terminate on the date fixed for redemption. Section III. That said bonds shall bear interest at the following rates per annum, to -wit: Bonds Nos. 1 to 41, both inclusive, at the rate of 3% per annum; Bonds Nos. 42 to 120, both inclusive, at the rate of 3-1/4% per annum; . Bonds Nos. 121 to 214, both inclusive, at the rate of 3-1/2f per annum; Bonds Nos. 215 to 432, both inclusive, at the rate of 3-3/4% per annum, interest payable October 1, 1958, and semi-annually thereafter on April lst and October 1st of each year until the principal sum there- of shall have been paid. Both principal of and interest on said -4- 3-aS-i qsy bonds shall be payable in lawful money of the United States of America, without exchange or•collection charges to the owners or holders, at the First National Bank, Beaumont, Texas. The principal of such bonds shall be payable upon presentation and surrender of such bonds as they respectively become due, and interest on said bonds 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 IV: That, in accordance with the.provisions of Chapter 293, Acts of E the 54th -Legislature of Texas, Regular Session, 1955 (codified in Vernon's Texas Civil Statutes as Article 717j), each of said bonds shall be signed by the Mayor and countersigned by the City Clerk, by their facsimile signatures, and the official seal of said City shall be impressed on each bond. The interest coupons attached to said bonds shall also be executed by the facsimile signatures of said Mayor and City Clerk. Said -facsimile signatures, as above pro- vided, may be engraved, lithographed, or printed, and shall have the same effect as if said bonds and coupons had been signed in person by each of said officers. The Comptroller's registration certificate, as provided hereafter in Section VII of this ordinance, shall be manually subscribed, Section V: That the form of such bonds shall be substantially as follows, to -wit: NO. UNITED STATES OF AMERICA $1,000 STATE OF TEXAS COUNTY OF JEFFERSON CITY OF BEAUMONT REFUNDING BOND SERIES 1958 THE CITY OF BEAUMONT, in the County of Jefferson, in the State of Texas, FOR VALUE RECEIVED, hereby acknowledges itself indebted -5- C2c�, S ff�9 to and PROMISES TO PAY TO BEARER on the 1ST DAY OF APRIL, 19 , the sum of 014E THOUSAND DOLLARS. ($1,000), with interest thereon from date hereof at the rate of *% per annum, interest payable October 1, 1958, and semi-annually there- after on April 1st and October 1st of each year until the principal sum hereof shall have been paid. Both principal of and interest on this bond -are payable in lawful money of the United -States of America, without exchange -or collection charges'.to the owner or holder, at the First National Bank, Beaumont, Texas. The principal hereof shall be payable only upon presentation and surrender of this bond, and interest falling due on and.prior to maturity shall be payable only .upon presentation and surrender of the interest coupons hereto at- tacked as they severally become due.. THE DATE OF THIS BOND, in conformity with the ordinance here- inafter mentioned, IS APRIL -1,_ 1958. THIS BOND IS ONE OF A SERIES OF 432 BONDS of like date and tenor, except as to number, maturity, interest rate,,and option of redemption, being numbered from 1 to 432, both inclusive, in the denomination of $1,000 each, AGGREGATING $432,000, and is issued for the purpose of refunding, cancelling and in lieu of a like principal amount of the Jefferson County Water Control and.Improvement District No. 7 Water System 'fax and Refunding Bonds, .Series 1955, dated December 1, 1955, aggregating $432,000, and being bonds Nos..14 to 445, inclusive, of said Series 1955 bonds, which bonds have been assumed by, and are now the valid and binding obligations of, the City of Beaumont, under and by virtue of the Constitution and laws of the State of Texas, particularly Articles 1182c-1 and 2368a, Vernon'.s Texas Civil Statutes, as amended, and the Charter of the City of Beaumont, and pursuant to an ordinance passed by the City Council of said City, duly recorded in the minutes of said City Council.. -6- THE CITY OF BEAUMONT EXPRESSLY RESERVES THE RIGHT TO REDEEM, in their inverse numerical order, BONDS NOS. 215 TO 432, both inclu- sive, of this issue, in whole or in part, on April 1, 1971, or ori 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 redemp- tion. 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 circulation in the United States of America, which notice shall be mailed to said bank and published in said journal at least thirty (30) days prior to the date fixed for redemption. When said bonds, in whole 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 on the bonds called for redemption to the date fixed for redemption, the right of the owners and holders to collect interest which would otherwise accrue after the redemption date on the bonds called for redemption shall terminate on the date fixed for redemption. IT IS HEREBY CERTIFIED, RECITED, AND REPRESENTED that all acts, conditions, and things necessary to be done precedent to and in the issuance of this bond, and this series of bonds; in order to render the same legal, valid, and binding obligations of said City, have been done, have happened, and have been performed in regular and due time, form, and manner, as required by law; that due pro- vision has been made for the payment of*the principal of and interest on this bond, and the series of which it is a part, by the levy of a direct annual ad valorem tax upon all taxable property within said City, sufficient for said purposes; and that this series of bonds, together with all other indebtedness of said City, does not exceed any Constitutional or statutory limitation. -7- b IN TESTIMONY WHEREOF, the City Council of the City of.Beaumont, in conformity with the provisions of Chapter 293, Acts of the 54th Legislature of Texas, Regular Session, 1955 (codified in Vernon's Texas Civil Statutes as Article 717j), has caused this bond to be signed by the Mayor and countersigned by the City Clerk, -by their facsimile signatures, has caused the corporate seal of said City to be affixed hereto, and has caused the interest coupons hereto annexed to be executed by the facsimile signatures of said officers, all as of the 1st day of April, 1958. Mayor, City of Beaumont, Texas COUNTERSIGNED: City Clerk, City of Beaumont, Texas *(Bonds Nos. 1 to 41, both inclusive - 3% per annum; Bonds Nos. 42 to 120, both inclusive - 3-1/4% per annum; Bonds Nos. 121 to 214, both inclusive - 3-1/2f per annLun; and Bonds Nos. 215 to 432, both inclusive - 3-3/4% per annum.) Section VI: That the form of coupon attached to such bonds shall be sub- stantially as follows, to -wit: NO. $ On the 1st day of 19 , * The City of Beaumont, in the County of Jefferson, State of Texas, promises to pay to bearer, without exchange or collection charges, at the First National Bank, Beaumont, Texas, the sum of $ in lawful money of the United States of America, being the interest due that date on the City of Beaumont Refunding Bond, Series 1958, dated April 1, 1958, Bond No. City Clerk Mayor dllzd l S q 122 _. G> W • : 4 *(Coupons maturing after April 1, 1971, shall contain the following additional clause: unless the bond to which this coupon appertains has been called for previous redemption and due pro- vision made to redeem same,) Section VII: That substantially the following certificate shall be printed on the back of each of said bonds, which certificate shall be manually subscribed: OFFICE OF THE COMPTROLLER COMPTROLLER REGISTER NO. 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 the Charter of the City of Beaumont, Texas, and that it is a valid and binding obligation of said City, and said bond has this day been registered by me. WITNESS MY HAND AND SEAL OF OFFICE at Austin, Texas, Comptroller of Public Accounts of the State of Texas Section VIII: To pay the interest on said refunding.bonds and to create a sinking fund to pay the principal as it matures, there is hereby transferred to the interest and.sinking fund of the refunding bonds herein authorized the proceeds of all taxes levied and collected for and on account of the issue of bonds which .is being refunded hereby, and all taxes assessed and collected hereafter for and on account of the bonds being refunded hereby shall be credited to -9- O 1 cl (CI Ld. 3-025 — L 5Sc said fund; that while said bonds, or any part of the principal there- of or interest thereon remain outstanding and unpaid, there shall be levied, assessed and collected, in due time, form, and manner, an ad valorem tax upon all taxable property within said City, suf- ficient to pay each installment of the principal of said bonds as they become due, there is hereby levied for the current year on all taxable property within said City, a sufficient ad valorem tax on each $100 valuation of taxable property in said City, and the same shall be assessed and collected and applied to the purposes named. That while said bonds, or any part of the principal thereof or interest thereon, are outstanding and unpaid, a tax upon all taxable property within said City, sufficient in amount to pay the interest on such bonds, together with an additional amount to be placed in the sinking fund sufficient to redeem and discharge such bonds at their maturity, full allowance being made for delinquencies and costs of collection, shall be, and is hereby, levied for each year, respectively, and shall each year be assessed and collected and applied to the payment of the interest on and the principal of said bonds, and to no other purpose. Section IX: That the Mayor:.of said City is hereby authorized to take and have charge of said bonds pending their investigation and approval by the Attorney General of Texas and registration by the Comptroller of Public Accounts of the State of Texas. That said refunding bonds shall not be registered until and as a like principal amount, of said original bonds have been surrendered for cancellation. As and when said original bonds are surrendered to the Comptroller of Public Accounts, he is authorized and directed to deliver the re- funding bonds in like amount to the holder or holders of the bonds surrendered. -10- Section X: That the holder or holders of said refunding bonds herein authorized are and shall be subrogated to all the rights and privi- leges had and possessed by the holders of.the bonds which are being refunded by the issuance of this series of bonds. Section XI: That the Mayor and City Clerk are authorized and directed to do any and all things necessary and/or convenient to carry out the terms of this ordinance. Section XII: That this Ordinance shall take effect from and after the date of its passage. PASSED BY THE CITY COUNCIL, 4 94r1_1 is the day of March, 1958. ATTEST: C -Clerk, City of Beaum t, Texas Willie J. 1#rockman, City Manager and Director of Finance (SEAL) 0 xas