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HomeMy WebLinkAboutORD 49-KA AN ORDINANCE Z7 .- �� ?. __/ 3 PROVIDING FOR THE ISSUANCE OF '108,000.00 CITY OF BEAUMONT REFUNDING BONDS FOR THE PURPOSE OF REFUNDING A LIKE AMOUNT OF OUT- STANDING CITY OF BEAUMONT BONDS FOR THE RESPECTIVE PURPOSES AND IN THE RESPECTIVE AMOUNTS AS FOLLOWS) TO -WIT. (1) FOR THE PURPOSE OF REFUNDING PART OF THE OUTSTANDING INDEBTEDNESS OF THE CITY OF BEAUMONT REPRESENTED BY $58.,000.00 CITY OF BEAUMONT STREET AND SEWER BONDS. (2) FOR THE PURPOSE OF REFUNDING PART OF THE OUTSTAND- ING INDEBTEDNESS OF THE CITY OF BEAUMONT REPRESENTED BY $50,000-00 CITY OF BEAUMONT WHARF & DOCK 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 FORA! OF SUCH BONDS, AND DECLARING AN EMERGENCY. It appearing affirmatively to the City Commission that the City of Beaumont has heretofore issued the following bonds bearing interest 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: $30,000.00 City of Beaumont Sewer Bonds dated July 1, 1915; $85,000.00 City of Beaumont Street Imprgvement and Repair Bonds dated July 1, 1915; and that Fifty-eight Thousand Dollars (058,000°00) of such bonds are still outstanding; And it further appearing affirmatively to the City Commis- sion that the City of Beaumont has heretofore issued the following bonds bearing interest at the rate of five per cent (5%) per annum, maturing forty (40) year -'s -after their date with option of redemption at any time after twenty (20) years from their date. $100,000.00 City of Beaumont Wharf & Dock Bonds. dated July 1, 1915; and that Fifty Thousand Dollars 050,000.00) of such bonds are still outstanding. And it further appearing to the City Commission that all of the hereinbefore described bonds will have reached their optional date by July 1, 1935, and that it is advisable and to the best in- terest of the City of Beaumont that they should be called for re- demption, 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 COiIWIISSION OF THE CITY OF BEAUMONT- Section 1 That the City of Beaumont shall issue refunding bonds of said City to the extent of One Hundred Eight Thousand Dollars ($108,000.00) for the purpose of refunding and canceling and in lieu of like amount of the hereinbefore described outstanding bonds of the City of Beaumont, said refunding bonds to be issued for the following purposes, to -wit'. City of Beaumont Street & 8cwer Refunding Bonds Series B, to the amount of $58,000.00! City of Beaumont Wharf & Dock Refunding Bonds Series B, to the amount of $50,000.00.. #2. 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 19259 and Section 16, sub -section 9, of the Charter of the City of Beaumont. Section 2 That said refunding bonds in the sum of One Hundred Eight Thousand Dollars ($108.,000.00) shall be divided into two series, and each series of said bonds divided into fifteen (15) installments, and said series of said bonds shall be known and called each respect- ively' "City of Beaumont Street and Sewer Refunding Bonds Series Bll; and City of Beaumont Wharf & Dock Refunding Bonds Series B11; and the Mayor of the City of Beaumont is hereby authorized and directed to have prepared and executed a set of bonds for each of said pur- poses as follows -- STREET AND SEWER REFUNDING BONDS SERIES B, $58.,000.00' Street and Sewer Refunding Bonds Series B, Fifty-eight Thousand Dollars ($58,000..00) to be divided into fifty-eight (58) bonds of the denom- ination of One Thousand Dollars ($1.,000.00) each, to be numbered from one (1) to fifty-eight (58), inclusive, payable as follows, respectively' Nos. 1 -to 3 of $1.,000.00 each payable ist day of July, 1936 1937 Nos. _4 7 to to 6 9 of of $1,000.00 $1,000.00 each each payable payable ist lst day day of of July, July, 1938 Nos. Nos. 10 to 13 of $1,000..00 each payable lst lst day day of of July, July, 1939 1940 Nos. Nos. 14 18 to to 17 21 of of $1.,000.00 $1,000.00 each each payable payable lst day of July, 1941 Nos. 22 26 to to 25 29 of $1,000.00 $1,000.00 each each payable payable lst lst day day of of July, July,- 1942 1943 Nos. Nos. 30 to 34 of of $12000.00 each payable lst day of July, 1944 Nos. 35 40 to to 39 44 of of $1,000.00 $1,000.00 each each payable payable lst lst day day of of July, July, 1945 1946 Nos. Nos. 45 to 49 of $1,000.00 each payable ist day of July., 1947 Nos. 50 to 52 of $1.,000.00 each payable ist day of July,. 1948 Nos. 53 to 55 of $1.,000.00 each payable lst lst day day of of July, July, 1949 1950 Nos. 56 to 58 of $1.,000.00 each payable payable 1st day of July, WHARF & DOCK REFUNDING BONDS SERIES B, $50,000-00. Wharf & Dock Re- funding Bonds Series B Fifty Thousand Dollars (50.,000.00) to be divided into fifty (50j bonds of the denomination of' One Thousand Dollars ($1,000.00) each., to be numbered from one (1) to fifty (50), inclusive., payable as follows, respectively: Nos. 1 to 3 of 81.,000.00 each payable lst day of July, 1936 Nos. 4 to 6 of $1.,000.00 each payable ist day of July., 1937 Nos. 7 to 9 of $1,000.00 each payable lst day of July, 1938 Nos.. 10 to - 13 of $1,000.00 each payable lst day of July, 1939 Nos. 14 18 to to 17 21 of of $1,000.00 $1,000.00 each each payable payable ist lst day day of of July, July, 1940 941 Nos. Nos. 22 to 25 of $12000.00 each payable ist day of July, 1942 Nos. 26 to 29 of $1,000.00 each payable lst day of -July, 1943 Nos. 30 to to 32 35 of $1,000.00 1.,000.00 each each payable payable lst ist day day of of July, July, 1944 1945 Nos. Nos. 33 36 to 38 of of 1.,000.00 each payable ist day of July, 1946 Nos. 39 to 41 of $1,000.00 each payable ist day of July, 1947 Nos. 42 to 44 of $1,000.00 each payable 1st day of July, 1948 Nos. 45 to 47 of $'1,000.00 each payable lst day of July, 1949 .Nos'. 48 to 50 of $1,000.00 each payable ist day of July, 1950 #3. Said bonds to be payable in lawful -money of the United States of America and each dated the first day of July, A. D. 1935, each bond of Street and Sewer Refunding Series B numbered from one (1) to fifty-two (52), inclusive, shall bear interest at the rate of 41% per annum, and bonds numbered from fifty-three (53) to fifty- eight (58) , inclusive, shall bear interest at the rate of 44% per annum; and each bond of Wharf & Dock Refunding Series B numbered from one (1) to forty-four (44). inclusive, shall bear interest at the rate of 42% per annum, and bonds numbered from forty-five (45) to fifty (50), inclusive, shall bear interest at the rate of 44% per annum; interest payable on January 1, 1936, and semi-annually thereafter on July lst and January 1st 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 lith- ographed 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 Nev; 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' • FIRST - FO RN OF BOND UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF JEFFERSON CITY OF BEAUMON T STREET AND SEWER REFUNDING BOND SERIES B No. 1 $1,000.00 KNOW ALL MEN BY THESE PRESENTS., That the City of Beaumont, in the State of Texas, for value received, acknowledges itself indebted and hereby promises to pay to bearer on the lst day of July, 1936, the sum of ONE THOUSAND DOLLARS - - - - - - - - - - - - - - - - - - ($1)000.00) in lawful money of the United States of America, with interest there- on from the date hereof at the rate of 42% per annum, interest pay- able on January 1, 1936, and semi-annually thereafter on July lst and January 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 fifty-eight (58) bonds o -f the denomination of One Thousand Dollars ($1,000.00) each, known and called Street and Sewer Refunding Bonds Series B of like tenor and date except as to maturity, numbered from one (lj to fifty-ei ht (58), inclusive, bonds numbered from one (1) to fifty-two (52f, in- clusive, bearing interest at four and one-half percent (42%) per annum, and bonds numbered from fifty-three (53) to fifty-eight (58) #4. inclusive, bearing interest at four and one-quarter percent (44%) per annum, aggregating in amount Fifty-eight Thousand Dollars ($58,000.00). said bonds issued for the purpose of refunding and canceling and in lieu of a like amount of valid outstanding street and sewer bonds of said city, under and by virtue of the Constitution and laws of the State of Texas, and the Charter of the City of Beau- mont, including Articles 717 and 725, Revised Civil Statutes of 19252 and Section 16, sub -section 9, of the Charter of the City of Beau- mont, 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 July 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 part 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 in- terest coupons hereto attached to be executed by the facsimile signa- tures of its 1dayor and its City Clerk, as of the lst day of July, A. D. 1935. Countersigned and Attested° City Clerk, City of Beaumont, Texas. Mayor, City of Beaumont, Texas. Registered: Director of Finance, City of Beaumont, Texas. FORM OF COUPON No. _ $22.50 On the 1st day of _, 19e, 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 TWENTY-TWO AND 50/100 DOLLARS (022.50) in lawful money of the United States of America, being six months' interest due that date on its City of Beaumont Street and Sewer Refunding Bond Series B, dated July 1, 1935, numbered Mayor, City of Beaumont, Texas. Attest: City Clerk, City of Beaumont, Texas. #6. 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, 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 Beau- mont, 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 1st day of July, A. D. 1935. Countersigned and attested; City Clerk, City of Beaumont, Texas. Mayor, City of Beaumont, Texas. Registered. Director of Finance, City of Beaumont, Texas. FORM OF COUPON No. $22.50 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 TWENTY-TWO AND 50/100 DOLLARS ($22.50) in lawful money of the United States of America, being six months' interest due that date on its City of Beaumont Wharf & Dock Refunding Bond Series B, dated July 1, 1935, numbered Mayor, City of Beaumont, Texas Attest. City Clerk, City of Beaumont, Texas. The remaining interest coupons of said bonds shall be in substantially the above form, but those attached to bonds numbered from one (1) to forty-four (44) , inclusive, shall be for the sum of $22.50, being six months' interest on said bonds, and those attached to bonds numbered from forty-five (45) to fifty (50), inclusive, shall be for the sum of $21.25, being six months' interest on said bonds. Said coupons shall be payable every six months on the lst day of July and the lst day of January of each year until fully paid. Section 4 The following certificate shall be printed on the back of each bond. or such other rate of tax as shall be necessary, and the same Shall be so annually assessed, collected cnd 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 Comp- troller 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 deliveries shall be made in installments, the authorized to deliver any of th,e new bonds in surrender and cancelation of a like amount of which are being refunded. Section 7 in the event such %Mayor is hereby exchange for the any of the old bonds 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 28th day of May, ha Do 19350 0` W�Wa i f,