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HomeMy WebLinkAboutORD 26-CCAN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF BEAUMONT, TEXAS, STREET IMPROVEMENT BONDS, SERIES 1959, IN THE AMOUNT OF $19 500, 000; PRESCRIBING THE TERMS AND CONDITIONS THEREOF; MAKING PROVISION FOR THE PAYMENT OF PRINCIPAL AND INTEREST THERE- ON; PROVIDING FOR THE SALE THEREOF AND THE DIS- POSITION OF THE PROCEEDS; AND CONTA_ INING OTHER PROVISIONS RELATING TO THE SUBJECT WHEREAS, at an election. held within the City of Beaumont, Texas, on the - 12th day of August, 1950, more than a majority of the duly qualified, resident electors of said City, who owned taxable property within said City and who had duly rendered the same for taxation, voting at said election, voted in favor of the proposition for the issuance of $4. 000. 000 Street Improvement Bonds for the purpose of paying part of the cost of the project for the elimina- tion of railroad grade. crossings from public streets and highways in the City of Beaumont, and work and expeni3es app�rt neat io 'said separation of grades, and of paying the cost of constructing storm sewers in connection therewith, and paying the cost of opening, widening, extending and improving the public streets and highways of the City of Beaumont in connection therewith; and, WHEREAS, the City of Beaumont is authorized generally to pass this ordinance authorizing the issuance of the bonds herein mentioned under its Charter and 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. prolonged negotiations with the railroads involved have delgyed the initial issue of the bonds authorized at said election on August 12. 1950. but such negotiations- have progressed so that the first installment of $500, 000 of said authorized bonds were issued by an ordinance adopted by the City Council of the City of Beaumont on January 28, 1958. which bonds were dated February 15, 1958, and the proceeds from said bonds have been expended on such project; and the City Council of the City of Beaumont now finds and LA determines that it is necessary and proper at this time to issue $1, 500, 000 of the bonds authorized at said election, which amount will pay the cost of the second phase of said project within the City. of Beaumont, and which is the amount, in the judgment of the City Council, that can be economically expended on said project at this time, and which will eliminate _certain grade crossings and improve the public streets in the City of Beaumont. The City expressly reserve3 the right and authority to issue the remainder of said bonds as and when needed; now, therefore: BE IT ORDAINE13 BY THE CITY OF BEAUMONT: SECTION 1 That the City of Beaumont shall issue bonds, as hereinafter prescribed, for and on behalf of and upon the credit of .the City of Beaumont, Texas$ as follows: $18 500, 000 principal amount of STREET IMPROVEMENT BONDS, SERIES 1959, for -the purpose of paying { art of the -cost of the_ project for the elimination of railroad grade crossings from the public streets and highways in the City of Beaumont and work and expenses appertinent to said separation of grades, and of paying the cost of constructing storm sewers in connection there- with, and paying the cost of opening, widening, extending and improving the public streets and highways of the City of Beaumont in connection therewith, SECTION 2 That said bonds shall be dated February 1 % 1959; shall be numbered from I to 1500, both inclusive; shall be in the denomination of $1, 000 each, aggregating $1, 500, 000; and shall become due and payable serially on the 15th day of February in each of the -years- and- in- the respective amounts shown in - the following schedule, to wit; �2-o2�-lC1S�i Bond Nos. 1 to 5, 6 to 10, 11 to 15, 16 to 20, 21 to 35. 36 to 70, 71 to 115, 116 to 175, 176 to 260. 261 to 350, 351 to 450, 451 to 550, 551 to 655, 656 to 765, 766 to 880, 881 to 1000, 1001 to 1120, 1121 to 1245, 1246 to 13 70, 1371 to 1500, both inclusive both inclusive both inclusive both inclusive both inclusive both inclusive both inclusive both inclusive both inclusive both inclusive both inclusive both inclusive both inclusive both inclusive both inclusive both inclusive both inclusive both inclusive both inclusive both inclusive Maturity February 15, February 15, February 15, February 15, February 15, February 15, February 15. February 15, February 15, February 15. February 15, February 15. February 15, February 15, February 15. February 15. February 15, February 15, February 15, February 15. 1960 1961 1962 1963 1964 1965 1966 1967 1968 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 Amount 5,000 51,000 5, 000 5, 000 15,000 35,000 45,000 60,000 850000 90, 000 1000000 100,000 105,000 110, 000 115,000 120, 000 1200000 1252000 125, 000 130. 000 The City of Beaumont expressly reserves the right to redeem Bonds Nos. 881 to 1500, both inclusive. of this issue, in whole or in part♦ on February 15. 1974, or on 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 foi- iedemption. Notice of the exercise of the option to redeem shall be given in writing to the banks at which said bonds are payable and by publication of such notice one time in a financial journal of general circulation in the United States of America, which notice shall be mailed to said banks 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 said bonds called for redemption shall terminate on the date fixed for redemption. • }f SECTION 3 That said bonds shall be interest at the ioliowizik reties per annum: Bonds Nos. 1 to 350, both itillasive, at the rate bf 40/a �er,annxn Bonds Nos. 351 to 1000t boih inclusive; at the rate df per annum Bonds Nos. 1001 to 1500; bo"th inclusive, at the'rete of 3-a3/416 per annum interest payable February 15, 19609 and semi-annually thereafter on August 15 and February 15 of each year until the principal sum thereof shall have been paid. Both principal of and interest on said 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 of Beaumont, Beaumont, Texas, or, at the option of the holder, at the American National Bank & Trust Company of Chicago, Chicago, Illinois. The principal of such bonds shall be payable upon presentation and surrender of said bonds as they respectively mature, and interest accruing on or before the respective maturity dates of said bonds shall be payable only upon presentation and surrender of the interest coupons attached to said bonds as such coupons respectively become due and payable. SECTION 4 That in accordance 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) 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 upon 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 provided, 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 hereinafter in Section 7 of this ordinance, shall be manually subscribed. SECTION 5 That the form of such bonds shall be substantially as follows, to wit: NO. UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF JEFFERSON CITY OF .BEAUMONT $1, 000.00 STREET IMPROVEMENT BOND, SERI�S i459 . THE CITY OF BEAUMONT, in the County of Jeffe'r'so`n, in. 'thie State of Texas, FOR VALUE RECEIVED, hereby acknowledges itself indebted to and PROMISES TO PAY ' .0: BEARER on the 15TH DAY OF FEBRUARY, 19 the sum of O N E T H O U S A N D D O L L A R S ($1, 000. 00), with interest thereon from date hereof at the rate of *Jo per annum, interest payable on February 15, 1960, and semi-annually thereafter on August 15 and February 15 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 of Beaumont, Beaumont, Texas, or, at the option of the holder, at the American National Bank & Trust Company of Chicago, Chicago, Illinois. 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 attached as they severally become due. THE DATE OF THIS BOND, in conformity with the ordinance hereinafter mentioned, is FEBRUARY 15, 1959. THIS BOND IS ONE OF A SERIES OF 1500-BONDS of like date and tenor, except as to number, maturity, interest rate, and option of redemption, being numbered from 1 to 1500. both inclusive, in the denomination of $1, 000. 00 each, AGGREGATING $1, 500, 000, .and is issued for the purpose of paying part of the cost of the project for the elimination of railroad grade crossings from the public OA d, Z6 streets and highways of the City of Beaumont, and work and expenses appertinent to said separation of grades, and of paying the cost of constructing storm sewers in connection therewith, and paying the cost of opening, widening, extending and improving the public streets and highways of the City of Beaumont in connection therewith, under and in strict conformity with the Constitution and laws of the State of Texas, and by authority of the vote of the majority of the duly qualified, resident electors of said City, who owned taxable property wi.thiti said City and whd has d> iy ihi�tidared the same for tdlatibAj at an blecti6ti held in said City on the 12th daj of Aiigii t, 1950, and pursua6l' an ordiriai ce ttuly, adopted by the City Council of said City and duly recorded in tic official xnitiutes of said City Council. THE CITY OF BEAUMONT EXPRESSLY RESER V]t§ THE RIGHT TO I. REDEEM BONDS NOS. 881 to 1500, BOTH INCLUSIVE, of this isiti j in whole or in part, on FEBR UAR Y 15, 1974, or on any interest -payment date thereafter bylpaying 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 banks at which said bonds are payable and by publication of such notice one time in a financial journal of general circulation in the United States of America, which notice shall be mailed to said banks 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`owirer s--and holders to collect- interest which would otherwise accrue after the redemption date on said bonds called for redemption shall terminate on the date fixed for redemption. `Sv C-d f r,_6 d-e- ' oZ O 1F- `i-' ` EACH SUCCESSIVE HOLDER OF THIS BOND and each successive holder of each of the coupons hereto attached is conclusively presumed to forego and renounce his equities in favor of subsequent holders for value and without notice, and to agree that this bond and each of the coupons hereto attached may be negotiated by delivery by any person having possession thereof, howso- ever such possession may have been adqutred, and that any holder who shall haVe taken this bond or any of the cdupbns from ai%y person for value and without notice, thereby has acquiredabsoliit6 ttile thereto; free; from any.defenses en- forceable against any prior holder alid Bela from all '�quities4id claims of ownership of any such prior holder. The City of b4liiii 6ntl and its officials and fiscal agents shall not be affected by any notice to the �otitraryc IT_IS HEREBY CERTIFIED, RECITED AND REPRESENTED that the issuance of this bond, and the series of which it is a part, is duly authorized by law; that all acts, conditions and things required to exist and to be done pursuant to and in the issuance of this bond, and the series of which it is a part, have been properly done and performed and have happened 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 attached 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 REPRESENTED that the additional=tax-levied and made -necessary to be levied in order- to -provide for the payment of 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 limitation of the Constitution and laws of the State of Texas and the charter of the City of Beaumont. y. C4-d , o2lA CSC IN TESTIMONY WHEREOF, the City Council of the City of Beaumont, Texas, has caused this bond to be executed by the Mayor of said City and counter- signed 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 (in accordance with the provisions of Chapter 293, Acts of the 54th Legislature of Texas, Regular Session,. 1955, codified as Article 717j in Vernon's Texas Civil Statutes), all as of the 15th day of February, 1959. Countersigned: Mayor of the City of Beaumont, Texas City Clerk, City of Beaumont, Texas (Bonds Nos. 1 to 350, both inclusive, 47o; Bonds Nos. 351 to 1000, both inclusive, 3-5/8016; Bonds Nos. 1001 to 1500, both inclusive, 3-3/4%) (This redemption clause shall be,omitted from Bonds Nos. 1 to 880, both inclusive). SECTION 6 The form of coupons attached to said bonds shall be substantially as follows, to wit; No. $ On the 15th day of 19 , the City of Beaumont, in the County of Jefferson, in the Sta't"e of Texas, promises to pay to bearer, without exchange or collection charges, at The First -National.Bank of Beaumont,, Beaumont, Texas, or, at the option of the holder, at the American National Bank & Trust Company of Chicago, Chicago, Illinois, in lawful money. of the United States of America, the 'sum of $ , said sum being the interest due that date on the City of Beaumont Street Improvement Bond, Series 1954, dated February:. ISO _ 1959,, Bond No. Mayor OC, —(q SI i (Coiipoiih maturit# after February 5j 10 sa11 cdtatn tkaa fo iovsi ng ,a. att o#a . blauit4 uh, i4 a. the b i i d t6 which this C$tipd�t. a�pegr,taitig .etas bedn called fdr prdvtoai emtitioij aiid due pr6v" istclf made to re ti same} SECTION ?' 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 THE STATE OF TEXAS REGISTER NO. 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 bf Texas and is a valid and binding obligation of the City of Beaumont, Texas, . and said bond has this day been iegitdred by me. WITNESS M! HJkN' b AND SEAL OF OFFICE at Austin, Texas, ad>i'-f itb l —AdEbUilts of thb 6ta6 of 'Nda SECTION 8 It is further ORDAINED that for the purpose of paying the interest on said STREET IMPROVEMENT BONDS, SERIES 1959. and to create a sinking fund to pay the various installments of principal as the same shall respectively mature, a sufficient tax on each $100 valuation of taxable property in the City of Beaumont, Texas, shall be annually levied on said property and annually assessed and collected, and a tax of five cents ($ .05) on each $100 valuation of taxable property within the City of Beaumont. Texas, is here and now levied for the year 1959, 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 boncb or any of them.are outstanding, and the same shall be annually assessed and collected and applied to the purpose named. SE&tOR 9 Sale of Bonds: That said bonds having been adve'rtsed for public sale, in accordance with the terms and provisions of Section 4, of Article 9, of the City's. Home Rule Charter, and bids having been received pursuant thereto, it is hereby found and determined that the bid of John Nuveen &_ Company, and Associates, at a price of the principal of said bonds, plus accrued interest thereon from the date thereof to the date of actual delivery, plus a. cash premium of $1,129. 50, with a 15-year option of redemption, is the beat bid received, and the sale of said bonds to the named bidder at the stated price is hereby authorized, approved, ratified, and confirmedi ; sub3edt to the unqualified approving opinion as to the legality of said bdnde of the Attorney Ferretti df texas, and Vandewater, Sykes, Heckler, &.GaltdsWi� j Mitket at i rrieys� of New Yoit+�Ci Ndw''or 1�fter the bonds have beeti r �ist�iked bpi the Coinptroiter bf 1�1 �i1 d Aid tilitit's of the State of Texas; baiA Cdi4ti6 �dr i� siittitirit�e� at d egliested tb gift' i tie eame to The American National Bank at Austin, Texas, for account of the City. Upon receipt of the full purchase price, said bonds shall be delivered to the purchaser. SECTION 10 That the Mayor and City Clerk are hereby authorized and directed to do any and all things necessary to carry out the terms of this ordinance. SECTION 11 This ordinance shall take effect from and after the date of its passage. PASSkD this Z4th day of February, 1959. Attest; Piy,or of the City of Beaumont, Texas rqty Clerk The foregoing ordinance and all the terms and provisions thereof are hereby approved. Director of Fifiance