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HomeMy WebLinkAboutORD 16-ZAN ORDINANCE ItECOII.I FM, ag P. 17 AUTHORIZING AND DIRECTING THE. ISSUANCE OF A PORTION OF THE SERIAL BONDS OF THE CITY OF BEAUMONT, TEXAS, AUTHORIZED AT AN ELECTION HELD IN SAID CITY ON THE STH DAY OF AUGUST, 1952, THE PORTION THEREOF HEREBY AUTHORIZED AND DIRECTED TO BE ISSUED TO BE AS FOLLOWS: SANITARY SEWER IMPROVEMENT BONDS, SERIES 1954, IN THE AMOUNT OF TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2, 500, 000) FOR THE PURPOSE OF THE IM- PROVEMENT, EXTENSION AND REPAIR OF THE SANITARY SEWER SYSTEM AND THE CONSTRUCTION OF SANITARY SEWAGE TREATMENT PLANTS AND ALL APPURTENANCES THERETO, AND THE PURCHASE. OF NECESSARY SITES THEREFOR, IN THE CITY OF .BEAUMONT, TEXAS, SAID BONDS HEREBY AUTHORIZED TO BE ISSUED TO BE DATED SEPTEMBER 1, 1954, TO MATURE SERIALLY AS HEREIN SET FORTH; PRESCRIBING THE FORM OF SUCH BONDS; PROVIDING FOR THE LEVYING AND COLLECTING OF THE NECESSARY TAXES TO PAY THE INTEREST AND CREATE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS THEY MATURE; PROVIDING FOR THE CUSTODY OF SAID BONDS PENDING THEIR APPROVAL AND DELIVERY TO THE PURCHASER; AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK TO EXECUTE SAID BONDS AND THE INTEREST COUPONS THERETO ATTACHED AND IMPRESS THE CORPORATE SEAL OF THE CITY OF BEAUMONT THEREON, AND TO DO ALL OTHER THINGS NECESSARY IN CONNECTION WITH THE SALE AND DELIVERY TO THE PUR- CHASER THEREOF; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT ON THE DATE. OF ITS PASSAGE. WHEREAS, on the 15th day of July, 1952, the City Council of the City of Beaumont, Texas, adopted an ordinance calling an election to be held in the City of Beaumont, Texas, on the 8th day of August, 1952, at which election there was submitted to the qualified electors of said city who own taxable property in said city and who have duly rendered the same for taxation, the following proposition: SHALL. the City Council of the City of Beaumont, Texas,. be authorized to issue serial bonds of said city in the amount of SIX MILLION FIVE HUNDRED THOUSAND DOLLARS ($6, 500, 000) to provide funds for the purpose of the im- provement, extension, and repair of the sanitary sewer system and the construction of sanitary sewage treatment, plants and all appurtenances thereto, and the purchase of necessary sites therefor, in the City of Beaumont, Texas, said bonds to mature. serially in such installments as may be fixed by the City Council, over a period of years not to exceed twenty-five (25) years from their date, to bear in- terest at a rate not to exceed five per cent (51o) per annum; and shall there be. annually levied, assessed and collected while said bonds or any of them are outstanding an annual ad valorem tax on all taxable. property in the City of Beaumont, Texas,sufficient to pay the interest on all of said bonds as it accrues and to create a sinking fund sufficient to retire the same at maturity. The probable period of usefulness of the improvements for which this bond fund shall be expended is more than twenty-five. (25) years. WHEREAS, at said election held in the City of Beaumont, Texas, on the 8th day of August, 1952, pursuant to said ordinance calling the same, and pursuant to notice thereof duly given as provided by law,a majority of the qualified electors residing within the City of Beaumont, Texa.$, who. own taxable property in said city and who have duly rendered the same for taxation, voting at said election, voted in favor of the pro- position by the following vote: FOR THE. ISSUANCE OF THE SERIAL. BONDS OF THE CITY OF BEAUMONT, TEXAS, FOR THE PURPOSE OF THE IMPROVEMENT, EXTENSION AND REPAIR OF THE SANITARY SEWER SYSTEM AND THE CONSTRUCTION OF SANITARY SEWAGE TREATMENT PLANTS AND ALL. APPURTENANCES THERETO, AND THE PURCHASE OF NECESSARY SITES THEREFOR, IN THE CITY OF BEAUMONT, TEXAS, AND THE LEVYING OF A TAX IN PAYMENT THERE- OF----------------------------------------------------- 3696, votes AGAINST THE ISSUANCE OF THE SERIAL BONDS OF THE CITY OF BEAUMONT, TEXAS, FOR THE PURPOSE OF THE IMPROVEMENT, EXTENSION AND REPAIR OF THE SANITARY SEWER SYSTEM AND THE CONSTRUC- TION OF SANITARY SEWAGE. TREATMENT PLANTS AND ALL APPURTENANCES THERETO, AND THE PUR- CHASE OF NECESSARY SITES THEREFOR, IN THE CITY OF BEAUMONT, TEXAS, AND THE LEVYING OF A TAX IN PAYMENT THEREOF ------------------------------ 923 votes MAJORITY FOR THE ISSUANCE OF SAID BONDS -------- 2,773 votes WHEREAS, the City of Beaumont is authorized generally to pass this ordinance authorizing the issuance of the bonds herein mentioned under the constitution and statutes of the State of Texas pursuant to authority.._ contained in Article 11, Section 5, of the Constitution of the State of Texas, and Article 1175, et seq. , Revised Civil Statutes of Texas, and all laws thereunto enabling; and, WHEREAS, the City Council of the City of Beaumont now finds and dete.rmine s that it is to the best interest of the City of Beaumont to issue the remaining $2, 500, 000 of bonds authorized at said election, the first $2, 000, 000 of said bonds having been heretofore issued by an - ordinance dated the 14th day of October, 1952, and the second $2, 000, 000 of said bonds having been heretofore issued by an ordinance dated the 17th day of November, .1953; now, therefore: BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS: SECTION 1 The City of Beaumont, Texas, shall issue bonds as hereinafter prescribed for and on behalf of and upon the credit of the City of Beaumont, Texas, as follows: $2,500, 000 principal amount of SANITARY SEINER IMPROVEMENT BONDS, SERIES 1954, for the purpose of the improvement, extension and repair of the sanitary sewer system and the construction of sanitary sewage treatment plants and all appurtenances thereto and the purchase of necessary sites therefor in the City of Beaumont, Texas, to be dated September 1, 1954, and to mature serially on September 1, of each year, and in the amounts as follows: Bond Number Maturity Date. Amount 1 to 5, inclusive September 1, 1955 $ 5,000 6 to. '10, inclusive September 1, 1956 5, 000 11 to 15,. inclusive September 1, 1957 5,000 16 to 20, inclusive September 1, 1958 5, 000 21 to 35, inclusive September 1, 1959 15,000 36 to 70, inclusive September 1,, 1960 35, 000 71 to 130, inclusive September 1,. 1961 60, 000 131 to 230, inclusive September 1; 1962 100, 000 231 to 339, inclusive. September 1, 1963 109, 000 340 to 450, inclusive September 1, 1964 111, 000 451 to 564, inclusive September I, 1965 114,000 565 to 681, inclusive September 1, 1966 117, 000 682 to 801, inclusive September I, 1967 120,000 802 to 924, inclusive September 1, 1968 123, 000 925 to 1050, inclusive September 1, 1969 126,000 1051 to 1179, inclusive September 1, 1970 129, 000 1180 to 1311, i; elusive September 1, 1971 132, 000 1312 to 1447,. inclusive September' 1, 1972 136., 000 1448 to 1586, inclusive September 1, 1973 139,000 1587 to 1729, inclusive September 1, 1974 143, 000 1730 to 1875, inclusive September 1, 1975 146,000 1876 to 2025, inclusive September 1, 1976 150, 000 Bond Number 2026 to 2179, inclusive 2180 to: 2336, inclusive 2337 to 2500, inclusive Maturity Date Amount September 1, 1977 $154,000 September 1, 1978 157, 000 September 1, 1979 164,000 The City of Beaumont expressly reserves the, right to redeem any one or all of the bonds numbered 1051 to 2500, inclusive., prior to maturity on September 1,. 1969, and on any interest -payment date thereafter, provided notice of such redemption is published in a financial publication in the City of New York, NewYork, at least once not less than thirty (3.0) days before the time fixed for prior payment, and thirty (30) days' notice is given in writing to the places of payment before the time so fixed for prior redemption, and the. money for their redemption or pay- ment, including the interest then due, shall have been deposited with the paying agents within ten (10) days prior to. or on the date. required for payment. If upon the happening of the above condition said bonds are not presented for payment they shall not thereafter bear interest. Unless on or prior to the redemption date the city shall pay or cause to be paid to the paying agents the principal amount of the bonds to be redeemed, or make funds available to the paying agents therefor, together with interest thereon to date of redemption, such redemption shall fail and said bonds shall continue to be in full force and effect the same as if such redemption proceedings had never been started, and interest on said bonds shall continue to run until maturity and payment or subsequent redemption, as provided herein. Said bonds shall bear interest at the rate of two and one-half per cent (2-1 /2%) per annum, which interest shall be payable. on March 1, 1955, and thereafter semi-annually on September 1 and March 1, of each year. The principal and interest on said series of bonds shall be payable upon presentation and surrender of the bonds or proper coupons at The First National Bank of Beaumont, Beaumont, Texas, or at the Harris Trust & Savings Bank, Chicago, Illinois. That said bonds and coupons to be attached thereto, and the State Comptroller's certificate of registration to be endorsed thereon are to be in the. following forms, respectively, with proper omissions, insertions, and variations, permitted or otherwise, as herein provided: IM $ 1, 000.00 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF JEFFERSON CITY OF BEAUMONT SANITARY SEWER IMPROVEMENT BOND SERIES 1954 KNOW ALL MEN BY THESE. PRESENTS: That the City of Beaumont, Jefferson County, Texas, for value received, acknowledges itself indebted to and hereby promises to pay to bearer O N E T H O U S A N D D O L L. A R S $1, 000, 00) in lawful money of the United State s of America, on the 1 s.t day of September, 19 with interest thereon from date hereof until paid at the.rate of two and one-half per cent (.2-1/276) per annum, interest payable March 1, 1955, and semi-annually thereafter on September 1 and March 1, of each year, on presentation and surrender of the annexed interest coupons as they severally mature. Both_ principal and interest of this bond are payable at The First National Bank of Beaumont, Beaumont, Texas, or at the Harris Trust & Savings Bank, Chicago, Illinois, at the option of the holder; and the City of Beaumont, Texas, 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 bondand the. interest thereon as it matures. 'The City of Beaumont, Texas, hereby expressly reserves the right to redeem this bond prior to maturity on September 1, 1969, and on any interest -payment date thereafter, provided notice of such redemption is published in a financial publication in the City of New York, New York, at least once not less than thirty (30) days. before the time fixed for prior payment and thirty days'notice in writing is given to. the places of payment before the time so fixed for prior redemption, and the money for its redemption or payment, including interest then due, shall have been deposited with the paying agents within ten (10): days prior to or on the date required for payment. If upon the happening of the above condition said bond is not presented for payment it /l 1 shall not thereafter bear interest. Unless on or prior tothe redemption date the city shall pay or cause to be paid to the paying agents the principal amount of this bond, or make funds available to the paying agents therefor, together with interest thereon to date of redemption, such redemption shall fail and said bond shall continue to be in full force and effect the same as if such redemption proceedings were never started, and interest on said bond shall continue to run until maturity and payment or subs-equent redemption. This bond is one of a series of 2500 bonds of the denomination of one thousand dollars ($1, 000. 00) each, numbered consecutively from 1 to 2500, inclusive, each of said bonds being of like tenor and effect, except as to. number and maturity and option of redemption before maturity, issued by the City of Beaumont, Texas, for the purpose of the improvement, extension and repair of the sanitary sewer system and the construction of sanitary sewage treatment plants and all appurtenances thereto and the purchase of necessary sites therefor in the City of Beaumont, Texas, issued under and by virtue of the constitution and laws of the State of Texas and the charter of the City of Beaumont, and in strict conformity with Article 11, Section 5, of the Constitution of the State of Texas, and Article 1175, et seq. , and amendments thereto, of -the Revised Civil Statutes of Texas, and all laws thereunto enabling. 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 by a majority vote of the resident qualified electors of the City of Beaumont, Texas, who own taxable property in said city and who have duly rendered the same for taxation, voting at an election held for the purpose within the City of "Beaumont on the 8th day of August, 1952, pursuant to an ordinance duly passed on the 15th day of July, 1952, ordering said election. It is hereby certified, recited, and declared 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 part have been properly done, have happened and been performed in regular and due time, form, and manner, as required by law; that sufficient and proper provisions for the levy and collection of an ad valorem tax have been, made, which when collected shall be appropriated exclusively to the payment of this bond and of the series of which it is a part, and to the payment of the interest coupons hereto annexed as the same shall become due and payable, and that the total indebtedness of the City of Beaumont, including the entire series of bonds of which this is one, does not exceed any constitutional or statutory limitation. It is hereby recited, certified, and declared that the additional tax levied and made necessary to be levied in order to provide for the interest and principal of this issue of bonds, together with the rate of tax existing at the. time of the issuance of these bonds, is within the limitations of the constitution and laws of the State of Texas and the charter of the City of Beaumont. The. date of this bond, in conformity with the ordinance above mentioned, is September 1, 1954. IN WITNESS WHEREOF, the City Council of the City of Beaumont, Texas, has caused the corporate. seal of the City of Beaumont to be affixed hereto and this bond to be signed by its Mayor and countersigned by its City Clerk, and the interest coupons hereto attached to be executed by the facsimile signatures of its Mayor and its. City Clerk, as of the 1st day of September,. 1954. Mayor of the City of Beaumont, Texas Atte st: City Clerk of the City of Beaumont, Texas *(This paragraph should be omitted from bonds numbered 1 to 1050, in- clusive). The form of interest coupons attached to said bonds shall be substantially a.s follows: On the 1 st day .of 7 19 , the City of Beaumont, Texas, will pay to bearer at The First National Bank of Beaumont, Beaumont, Texas, or at. the Harris Trust & Savings Bank, Chicago, Illinois, the sum of $12. 50 in lawful money of the United States of America, said sum being six months' interest due that day on its SANITARY SEWER IMPROVEMENT BOND, SERIES 1954, bearing the number hereinafter specified, dated September 1, 1954. Bond No. Mayor of the City of Beaumont, Texas City Clerk of the City of Beaumont, Texas Coupons on said bonds numbered 1051 to 2500, inclusive, shall include. the following clause after the interest payment date: "Unless the bond to which this coupon is attached has been called for prior redemption and pay- ment made or provided for as therein recited. " The form of the Comptroller's certificate which shall be printed on the back of each bond shall be substantially as follows: OFFICE OF COMPTROLLER REGISTER NO. 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 that it is a valid and binding obligation upon said City of Beaumont, Texas, and said bond has this day been registered by me. Witne.ss my hand and seal of office at Austin, Texas, this, the day of , 1954. Comptroller of Public Accounts of the State of Texas It is further ordained that for the purpose of paying the interest on said SANITARY SEWER IMPROVEMENT BONDS, SERIES 1.954, and to create a sinking fund to pay the various installments of principal as the same shall respectively mature, a sufficient tax on each $100 valuation of all taxable property in the City of Beaumont, Texas, shall be annually levied on said property and annually assessed and collected, and a tax of $ . 06 on each $100 valuation of all taxable property within. the City of Beaumont, Texas, is here and now luded for the year 1954, and said tax, or so much thereof as shall be necessary or in addition thereto as may be required, is hereby levied for each succeeding year while said bonds or any of them are outstanding, and the same shall be annually assessed and collected and applied to the purpose named. SECTION 2 That each of said bonds shall be signed by the Mayor and countersigned by the City Clerk of the City of Beaumont, and the corporate seal of the City of Beaumont, Texas, shall be impressed upon each of them. The facsimile signatures of the. Mayor and the. City Clerk may be printed or lithographed on said coupons, and said facsimile signatures shall have the same effect as if they had been executed manually by said officials. SECTION 3 The Mayor of the City of Beaumont is hereby directed to submit the record of said bonds .and the bonds themselves to the Attorney General of the State of Texas for approval, and thereafter to have them registered by the Comptroller of the State of Texas, and said bonds, when properly executed by the city officials, shall be held by the Mayor of the City of Beaumont to be delivered by the Mayor to the purchaser or purchasers thereof. The Mayor and City Clerk are authorized and directed to do any and all things necessary and convenient to effect delivery thereof to the purchaser. SECTION 4 All ordinances and parts of ordinances and all resolutions and parts of resolutions inconsistent with the provisions of this ordinance are hereby rescinded and repealed in so far as same may conflict herewith, and it is further provided that if'any portion of this ordinance shall be declared invalid, such invalidity shall in no way affect the remaining valid portions thereof. PASSED this, the 31 st day of August, 1954,by the affirmative vote of all members of the City Council of the City of Beaumont, Texas. Mayor of the City of Beaumont, Texas