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HomeMy WebLinkAboutORD 26-ZIt.LCDFD AN ORDINANCE 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 17th DAY OF JULY, 1954, THE PORTION THEREOF HEREBY AUTHORIZED AND DIRECTED TO BE. ISSUED TO BE. AS FOLLOWS: STREET AND HIGHWAY IMPROVEMENT BONDS,. SERIES 1955, IN THE AMOUNT OF ONE MILLION DOLLARS ($1, 000, 000) FOR THE PURPOSE OF EXTENDING,, IMPROVING AND REPAIRING THE HIGHWAYS AND STREETS OF THE CITY OF BEAUMONT, .INCLUDING A, FREEWAY AND THE APPROACHES AND APPURTENANCES THERETO,,, AND ACQUIRING. NECESSARY RIGHTS OF WAY THEREFOR $ .:SAID BONDS. HEREBY AUTHORIZED TO BE ISSUED TO BE DATED FEBRUARY 15, 1955, TO MATURE SERIALLY AS HEREIN SET FORTH; PRESCRIBING THE FORM OF SUCH BONDS; PROVIDING FOR THE LEVYING AND COLLECT- ING 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 PURCHASERS; 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 PURCHASERS 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 29th day of June, 1954, 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 17th day of July, 1954, 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 $2, 000, 000 to provide funds for the purpose of extending, improving and repairing the highways and streets of the City of Beaumont, including a freeway and the approaches and ap- purtenances thereto, and acquiring necessary rights of way therefor, said bonds maturing 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., bearing interest at a rate not to exceed five per cent (5%) 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. And, 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 17th day of July, 1954, 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, Texas., who own taxable propertyin said city and who have duly rendered the same for taxation, voting at said election, voted in favor of the proposition by the following vote: FOR THE ISSUANCE OF THE SERIAL BONDS OF THE CITY OF BEAUMONTS TEXAS, FOR THE PURPOSE, OF EXTENDING*. IMPROVING AND REPAIRING THE HIGH- WAYS IGHWAYS AND STREETS OF THE CITY OF BEAUMONT, INCLUDING A FREEWAY AND THE APPROACHES AND APPURTENANCES THERETO., AND AC.QUIRIN.G NECES- SARY RIGHTS .OF WAY THEREFOR, AND THE -LEVYING OF A TAX IN PAYMENT THEREOF ------------------- 4106 votes AGAINST THE ISSUANCE OF THE SERIAL BONDS OF THE CITY OF BEAUMONT.. TEXAS. FOR THE PURPOSE. OF EXTENDING. IMPROVING AND REPAIRING THE HIGHWAYS AND STREETS OF' THE CITY OF BEAUMONT, INCLUDING A FREEWAY AND THE APPROACHES AND APPURTENANCES THERETO.. AND ACQUIRING NECES- SARY RIGHTS OF WAY THEREFOR, AND THE LEVYING OF A TAX IN PAYMENT THEREOF -------------- --- 3277 --votes. MAJORITY FOR THE ISSUANCE OF SAID BONDS ------ 829 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 determines that it is to the best interest of the City of Beaumont to issue the remaining.$1, 000, 000 bonds authorized at said election, the first $1, 000, 000 of said bonds having been heretofore issued'by an ordinance dated August 31, 1954; now, therefore: G BE IT ORDAINED BY THE. CITY OF BEAUMONT .SEC TION I 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: $1, 000, 000 principal amount of STREET AND HIGHWAY IMPROVEMENT BONDS3 SERIES 1955, for the purpose of extending, improving and repairing the highways and streets of the City of Beaumont, including a freeway and the approaches and appurtenances thereto, and acquiring necessary rights of way therefor, to be dated February 15, 1955, and to mature. serially on February 15, of each year, and in the amounts as follows: Bond Number Maturity Date Amount 1 to 28, both inclusive February 15, 1956 $ 28,000 29 to 56, both inclusive February 15, 1957 2.8, 000 57- to 86, both inclusive February 15, 1958 30,000 87 to 116, both inclusive February 15, 1959 30,000 117 to 150, both inclusive February 15, 1960 34,000 151 to 184., both inclusive February 15, 1961 34,000 185 to 218, both inclusi ve February 15, 1962 34,000 219 to 25.4, both inclusive February 15, 1963 36,000 255 to 290, both inclusive February 15, 1964 36,000 291 to 326, both inclusive February 15, 1965 36,000 327 to 364, both inclusive February 15, 1966 38,000 365 to 402, both inclusive February 15, 1967 38,000 403 to 442, both inclusive February 15, 1968- 40,000 443 to 482, both inclusive February 15, 1969 40,000 483 to 526, both inclusive February 15, 1970 44,000 527 to 570, both inclusive February 15, 1971 44,000 5.71 to 614, both inclusive February 15, 1972 44,000 615 to 660, both inclusive February 15, 1973. 46,000 661 to 706, both inclusive February 15, 1974. 46,000 707 to 752, both inclusive February 15, 1975 46,000 753 to 800, both inclusive February 15, 1976 48,000 801 to 848, both inclusive February 15, 1977 48, 000 849 to 898, both inclusive February 15, 1978 50, 000 899 to 948, both inblusive February 15, 1979 50,000 949 to 1000, both inclusive February 15, 1980' 52,000 The .City of Beaumont expressly reserves the right to redeem any one or all of the bonds numbered 527 to 1000, both inclusive, prior to maturity on February 15, 1970, 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 (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 payment, 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-intere st at the rates as. follows: Bonds numbered 1 to 2.54, inclusive, at 37o per annum; bonds numbered 255 to 1000, inclusive, at 2-3/416 per annum, which interest shall be -payable on February 15, 1.956, and semi-annually thereafter on August 15 -and February 15, 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 Mercantile National ,Bank at Dallas, Dallas, Texas, at the option of the holder. 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.follo.wing.forms, respectively, with proper omissions, insertions, and variations., permitted or otherwise, as herein provided: (FORM OF BOND) No.. $1,000.00 UNITED .STATES OF AMERICA STATE OF TEXAS. COUNTY OF JEFFERSON CITY OF BEAUMONT STREET AND HIGHWAY IMPROVEMENT BOND SERIES. 1955 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 States of America, on the 15th day of February, 19 , with interest thereon from date: hereof until paid at the rate of % per annum, interest payable February 15, 1956,.and semi- annually thereafter on August 15 and February 15., of each year, on presentation and surrender of the .annexed interest coupons as theyseverallymature. Both principal and interest of this bond are payable at The. First National Bank.of Beaumont, Beaumont, Texas, or at The. Mercantile National Bank at Dallas, Dallas, Texas, 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, bond and the interest thereon as it matures. The -City of Beaumont, Texas, hereby expressly reserves the right to redeem this bond prior to maturity on February 15, 1970, 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 pay- ment and thirty (30) days' notice in writing is given to the places of payment before the time so fixed for prior redemption, and the money for its redemp- tion 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 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 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 subsequent redemption. This bond is one of a series of 1000 bonds of the denomination of one thousand dollars ($1, 000. 00) -each, numbered consecutively from 1 to 1000, inclusive, each of said bonds being of like.tenor and effect, except as to number, rate of interest, maturity, and option of redemption before maturity, issued by the City of Beaumont, Texas, for the-purpos.e of extending, improving and repairing the highways and streets of the City of Beaumont, including a freeway and the approaches and appurtenances thereto, and acquiring necessary rights of way therefor, 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 17th day of July,,_1954, pursuant to an ordinance duly passed on the 29th day of June, 1954, 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 provision for the levy and collection of an ad valorem tax has 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 heretoannexed 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 certified, recited, 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 February 15, 1955. 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 February 15, 1955. Mayor of the City of Beaumont, Texas Attest: City Clerk of the City of Beaumont, Texas (Bonds numbered 1 to 254, inclusive, bear interest at the rate .of 370 per annum; bonds numbered 255 to 1000, inclusive, bear interest at the rate of 2-3/416 per annum) . (This -paragraph should be omitted from bonds numbered 1 to 526, inclusive) The form of interest coupons attached to said bonds shall be substantially as follows: On the 15th day of ***( , 19 ), the City of Beaumont, Texas, will pay to bearer'at The First National Bank of Beaumont, Beaumont, Texas, or at The Mercantile National Bank at Dallas, Dallas, Texas, at the option of the holder, the sum of ) in lawful money of the United States of America, said sum being'( ) interest due that day on its STREET AND HIGHWAY IMPROVEMENT BOND,. SERIES 1955, bearing the number,.here.- inafter specified, dated February 15, 1955. Bond No. Mayor of the City of Beaumont, Texas City Clerk of the City of Beaumont, Texas Coupons on said bonds numbered 52.7 to 1000, 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 payment made or provided for as therein recited. 11 Fk (Interest payable February 15, 1956, and semi-annually thereafter on August 15 and February 15, of each year) **** (Bonds numbered 1 to 254, inclusive, bear interest at the rate .of 310 per annum; bonds numbered 255 to 1000, inclusive, bear interest at the rate of 2-3/410 per annum). The form of 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. Witness my hand and seal of office at Austin, Texas, this, the day of , 1955. Comptroller of Public Accounts of the State of Texas It is further ordained that for the purpose .of paying the interest on said STREET AND HIGHWAY IMPROVEMENT BONDS,.SERIES 1955, and to create a sinking fund to pay the various installments of principal as the same shall respectively mature, a sufficient tax on each $100 valuation of all taxable property in the City of Beaumont, Texas, shall be annually levied on said property and annually assessed and collected, and a tax of four and one-half cents- ($ .045) on each $100 valuation of all taxable property within the City of Beaumont, Texas, is here'and now levied for the year 1955 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 purchasers. 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 8th day of February, 1955, by the affirmative vote of all members of the City- Council of the City of Beaumont, Texas. 0 ��"'%',✓vZ�� /�/�'� a��-- =Wit---� Attest: Mayor of the -City of Beaumont, Texas ,/city ' Clerk of the City oaf Beaumont, Texas