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HomeMy WebLinkAboutOrdinance 1559 The City Council of the City of Fort Werth met in regular se sion in the Council Chamber at the Cit Hall ll at nine-thirty e T e e a. .., Wednesday.. the 23rd day of January, A. D. >1929, and upon roll call the following were present-. Imo.. Bryce, Mayor, Dr. W. R. ompson, Wil- lard Burtono Van Zandt,jarvis, Wm. Monnig, E. T Renfro, John '. Sparks, A. E. Thomas, and J. R Penn, Councilmen, consItituting the entire membership of the said board., and I. L. Vani Zandt, Jrs City Secretary-Treasurers was in a.t- endan e at said meetings and the following proceedings among ether things were had and done-, Councilman Thomas seconded by Councilman moved the adoption of thefol- lowing ORDINANCE NO. f a AN ORDINANCE PROVIDING FOR THE ISSUANCE C 1EGU2IABLE COUPON BONDS OF THE GOVERNMENT OF THE CITY OF FORTWORTHO AMOUNTING TC THE, PRINCIPAL SUM R FIVE R THOUSAND ($5000000.00) DOL RS IN ADDITION TO THE SUM OF SIX RED THOUSAND I` 9C,- : ) DOL S,WORT: T SAID BONDS I x E° C 'CRE ;SSS BY THE_' CIT COUNCIL B:Z ORDINANCES DULY7E CITE' COUNCIL PURSUANT TO VALID AUTHORITY VESTED I SAID GOVERNING BODY BY A. REGUDkR AND ;?R02ER ELL40TION HELD ON THE, 10th DAYOF JANUARY A, D . 1928s , OUT OF AN AUTHORIZED ISSUE, OF ONE MILLION, ONE HUNDREDTHOU- SAND (01,100.9000,00) C , ND BEING KNOWN AS SERIES NO. 53 A DESIG ATED AS " `I AR SI*IP'V'ER BONDS" `ICv ISSUED FOR TML POS: C ANG P11R NENT IM- PROVEMENTS FRC S BY IMPROVING,* TENDI.i ' AND ENLARGING THE SANITARY SEWERS AND SEWAGE DISPOSAL PLANT OF SAID CITY$* ALL OF, SAID BONDS TO BE IN THE DENOMINATION OR ONE THOUSAND ( 110OO o O) DOLLARS ACR, O BE DATED WKC1 01, 1929s MATURING O IV ( ) TO FORTY' ( 0) YEARS PROM IM :SATE TH REO , AND C BEAR INTEREST AT THE RATE C FOUR AND ONE-FCURTH PER CENT PEH ANNUM, PAYABLE SEMI-ANNUALLY, TBE INTEREST To R.j, EXPRESSED IV CaURO NOTES Alr2 CHED TO SAID BONDS, DIRECTING I THE EXECUTION OF SAID BONDS BY TM MAYOR AND CITY-SECRETARY TRSAS ER AND PROVIDING FOR AN ADE(XATB TAX IZVY FOR THE PAYMENT OF THE INTEREST ON SAID BONS A TO CREATE A SINKING FUND FOR THE, PAYMENT OF THE PRINCIPAL THEREOFs AS THE SAM MATURES PROM TIEETO TIMES AND PROVIDING THAT THIS ORDINANCE SHALT., BE IN FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS PASSAGE. WHEREAS, cin the 6th day of December, A. Do 1927, pursuant to the authority vested in said City by Section. 19, of Chapter, XXV of the Chartorof the . fir of Fort Worth, adoptedby the qualified voters within the limits of said City on the llth day of December.. A. D. 1924, and the lava and Constitution of the State of Texasothe City Council of the City of Fort Worth,, Texas, by resolution and order of that date directed the submitsibn to the resident property taxpaying qualified rota of ,aid. Citi, at an election to be held.' in, said City on the 10th day of January,, A. D. 1928,0 of the right, power and authority of the City Council it of said City to issue netotiable coupon donde of the corporate government of said City,` in the principal sum of One Million, One dr d Thousand ($l.,100, 00) Dollars, which amount was to be used for the purpose of making permanent improve- ments . prove- e t in the said City by improving., extending and enlarging the Sanitary Sewer. . and Sewage Disposal Plant' of said. City; VY EREA , in on.for it ith said resolution and order, the Mayer of said City dial make proclamation of said election and the date for same was set on the 10th day of January, A. D. 1928; and "R public tion. was made of said; election in the manner and for the time prescribed in said. resolution 'and ; election order; and IAJIHEREAS, on the said 10th day of Januaryi, A. D. 1928, said election was Veld in the City of Fart Worth at the re- ap,petive polling places designated i the election order, at which aid election each issue of bands was submitted` as a separate and distinct proposition to the voters of the said Citi', the official ballot on such occasion, in conformity with the resolution of the Citi' Council and the order of the o- tion in farm and substance was as follows.- ,NIMREAS, at the election n ,d. in said City on the 10th day of January, A. D. 1928, there were 4,941 votes cast in favor of the issuance of said Sanitary Sewer and Sewage Disposal Bonds and 2,358 Votes cast against the issuance o said bonds, leaving majority favor of the issuance o said bonds of 1,583 votes; and 'rV REAS$ by virtue of said election, the said C1` Council vested 17ith. authority by and from the people to issue said bends for: the purpose aforementioneds and to make same valid and binding obligations of the corporate govern- ment of the City of Fent Worth,* and pursuant to the power vested in the City Council.* the duty' on tl ted governing body of the City o Fort 'North, a .d election and the laws and Constitution of the State of Texas, the said City Council did, by an or- dinance rdlne lawfully passed and adopted on the 27th day o ` Hard., A. D. 1928, and which ordinance was amended by an ordinance law- fully passed and adopted by .tine Cite Council on the 12th day of April., A D. 1928, authorize the issuance of e' t . le coupon `ends of the ;government of the City of Fort Worth amount- ing t-ink; t the principal stmi of Six Hundred Thousand ( 6 0,00 *00) aDollars out of an authorized issue of One Million One Hundred 11. a 1010 pOOO, )' Dollar' worth of said bonds authorized by the property taxpaying qualified voters of said Cite at the said election e'ld pan 'the 10th day of January, A. D. 1928 ,p and being known as Series No. and designated as "Senitary Sewer 'and' ,86,tragerl' Disposal Bonds . and I,- 1:REAS$ it is deemed wise expedient Vhe City o ao l o e t ort +t' a t , lay the' e :e of off` the .is- tion reposed in It by lawn that an additional Tile Hundred Th o a�d ($500, .90 Dollars be issued bonds at this. $ said bonds to be issued being part of Series No. 53 and desig- nated .es . -.aced as "Sana tart' Sewer Bonds" T ORDAINED BY THE CITY COUNCIL OF 'TB OF FORT WORTH., SECTION riThSt Pursuant to Section 19 of Chapter XXV of the Charter of the CitY of Fort Worth adopted b7 the qualified voters Within the corporate limits of said City on the lith dly of Deoembero A. D. 19240 and the laws and Constitution of the stato or Texas, and pursuant vote of the residont Property taxpayingvoters of the City of port Worth at an electionbold in said Gita' ;dor such purposes on the 10th day f January, A.Q. 1928$ that thO amnicipal government of the AN Of Art Worth issuO its corporate negotiable epupotz bonds In e PrinCiPal sum of Five dreg Thousand . Dollarsp this sum being in i the Six Hundred Thou- sand ($600,000.00) Dollars worth of said. bonds beretoforp issved by an ordinanh lawfully passed and adoptedthe 27th day of March, A. D. 19 by the City 001m0il Pursuant `;valid authority From the PrOPerty tax paying quallfled id City at a Propera 'gui eleetion beld on the 10th day f Knuary,' .w D. 19Out of an a0horized issue at said Kee-Kee- tion of 02 Million One Evndred Thousand is Dol- lars, h which' uth ized issue is knows as Series No. 53, and desisnated as"Sanitary wsoy and the bonds so to be id shall be in the denomination of One Thu . $1p Dollars t dated Marda i. 19290 bearing inter- est at the ratO, g four and (40%) per cent per payable a0zl-annmally on the first day of September and March of each year respekively, both principal ani. inter- est of Aid bonds being payably at the Knr Naini Bk in the ,' Y of New York, State of Qw Yorko the semi-annual interest being evidensed by interest scoupons attaebod theretooall of said bonds to be 0=006d gor ard on babalf or the City f Fort Warth bY U144 Mayor tboreof p a Weated y its City � f � With' thO 86911f the Gity thereon dul Impressed, but the a � , � � to be eaeautedthe 11thograpbad facsimile aignature of the Hay d City Socre- tary-I!Veasuftr of the QQY Of FOrt WOrth# 0ach of said and poupons aball be mog*tlablo and payable to bearer* and said banda shall be nvmbered In the way ariid manijwsr bereinaftor met OuN maturing ) 10ara from the date thereof and anmV017 theroafter until the last maturing bond shall Wcome, payable within, forty 4 y'1'a arz from the ate 'horoot hi bowds themsolves, five bundred 500) In nl be MOMber0d 060SOWIVAY from six Wdre . Kre 1) Jnol�sjvo, and shall mature In thensen marmr hereinafter set out; ahid. bond,,-,, used for the purposh of making Vermanant Improvements ` yIzilwovil,%os, ex- nd 1 enlarging e naritary 6ew an; Sewage o Plant of said, cito That We gOneral form of said bonds anA the NO. UNITED STATES $1000. OF AMERICA: STATE OF TEXAS, COUNTY OF TA'R.R-A5,,1 SERIES C I T Y O F F O R T W O R T H ---000Osoo--- KNOW ALL LIMEN BY THESE PRESEITTS That the government of the City cf Fort Worth, a municipal corporation, duly created under tizp 1��VTs of the State of Texas, hereby acknowledges itself to owe, Lard for value re- ceived promises to pay, to bearer, ONE THOUSAND DOLLARS ( $1000.00) in lawful money of the United States of America, on the day of A. D. 19 , together with interest thereon at the rate of four and one-fourth (4'�o) per centum per annum, payable semi=annually on the lst day of November and May in each year, on presentation and surrender of the annexed interest cou- pons , as they severally fall due. Both the princioal and inter- est of this bond are -payable at the office of the Hanover National Bank, in New York City, N. Y. , and for the due and punctual pay- ment of this bond at the maturity thereof, and the interest there- on, when it falls due, the full faith, credit and resources of the City of Fort Worth are hereby irrevocably pledged. This bond is one of a series of _ numbered consecutively from�_ to inclusive , each of the denomination of One Thousand ��1,G0�..OU, Dollars , amounting in the aggregate to the sum of issued for the purpose of under and by virtue of the Constitution and laws of the State of Texas , the Charter of the City of Fort Worth, and .an ordinance of the City Council of said City lawfully passed and adopted on the day of A. D, 19 , pursuant to valid au— thority from the property taxpaying qualified votaee of said City, at a proper and legal election held on tb.e 10th dray of January, A. D. 1926. It is hereby. reci-ted, and covenanted by the go va i-L- o -t and with each and every holder of said uond.s �,r :_a ' one of them, that all aots , conditions and things required by the laws of the State of Texas , and of the Charter mad of the City of Fort Worth, precedent to and in the issuance of this bond, have been done , have happened, and have been -performed in pro— per and lawful time, form and manner as ?prescribed by law, so as to make this bond a legal , binding and valid obligation of the City of Fort Worth, and that provision has been made for the levy and collection of a direct annual tax on ),11 taxable property in the City of Fort Worth, and that such tax has been levied in a sufficient amount for the payment of the principal and inter— est of this bond at the respective maturity dates thereof, and that the total indebtedness of said City, including this bond, and the issue of which it is a component n?rt , does not exceed any constitutional or statutory limitation. IN TESTIMONY WHEREOF, the City of Fort Worth, in the State of Texas, has executed this bon(' by c.o;using it to be sign— (FORM OF COUPON NOTE) SERIES NO. $21.25 The City of Fort Worth, in the State of Texas, pro— mises to pay to bearer Twenty-one Dollars and Twenty-five Cents (421.25) , on -the day of A. D.. 19 at the Hanover National Bank in the City of New York, N. Y. , for interest due that day ori its municipal bond, dated May 1, A, D. 1928, and numbered CITY OF FORT WORTH, TEXAS Mayor ATTEST : City Secretary-Treasurer 7bat the said bonds so to Q issuod bq the City of Fit Worth* amountint to Five Hundred Thousand ` 50 0 0 Qllaras a ut of the said-Authorized Issue of one NjUjan Andred Thousand 01#100s000*00) Dollars* sball be Issued Or M PUMse of improving, extending and enlarging the Unitary tory Sw r and Sewage Dispoaal Plant f said My# and sball =a1st of dive `red from six one 601 to eleven hundred o i 1101 and shill hear Interost at tbo rate of tour an one-fawau-th (4-j cent er annump payablenn a yae aforesaid; al of whiedh said live bufired 500) bonds AM be a ;,;.:art of series ON and shall be styled and deaIgnated "Sanitary a 3ower and S " SECTION IIS. That all ofsai . bondup comprisingtho oum tptalo ,Flve 11 n 4500 0 ; ams sball Woome due a,nd pay,' le in AM rumerical order,, &-.n&-.nd they b Mrture In itbavvammar azd amounts as yet out in the tabalated afata- viont Wrowith attached* tea w SECTION IV That the said bonds are hereby authorized to b .d to the best advantage, but in no event shall same be sold for less than par and the accrued interest to the time of delivery, and the proceeds thereof shall be placed in the Treasury of the City of Fort Worth and utilized for special purposes for "which each issue of bcn.d.s is crested, SECTION- That for the purpose of creating a si .n d for the payment and complete extinguishment of the foregoing bonded debt, pr neip .l . and interest., and all and every ,part of arae there is hereby levied and there ' hall 'bee` assessed and collected as provided by lavrj set apart and appropriated or the said purpose$ an annual, direct spec al ad valorem x for the ;year 1929, every successive year thereafter during the die of said bonded debt or any part h reof of 1*9 cents (or such an amount as may be necessary and adequate : be it more or les on every one Hundred 100*00 Dollars of property lon$ real, ;per on and ,, subject to taxation and: not exempt herefro der the Constitution and law of the State' of Texas,,$ situated and ovined In. the City of Fart lorth on the Ist day of January 1929, and on the lat day of `an r each year thereafter until said debt; represented by said bonds as coupon interest notes shall have been fully paid, and if, at any timep such tax should be insufficient., en it shall be the duty of the City Council or any other governing body of the Citi' of o Worth, to set apart and ap- propriate .ppr pr .a e arch additional a .d of money o#t ' of the general revenues of he ;s a .d City, as may be requisite c supply .e deficiency until all interest shall have been paid and the sinking fund established as required by the Constitution of , the State oaf Texas and the Charter of b City of Fort Worth. SECTIO14 VI That it shall be the duty of the City Council of the City of FortOrth and its successors$ and of the government of the City of 'Fart Worth,, by levying taxes for general pur- poses r-poses 'a the said City of Fart Worth for the year 1999$ and or every successive year during the life of said bonded debt or any part thereof.,, to include In suoh, levy the special tax of 1,9 cents on the One H . ($100 oO) Dollars property valuation (or so much thereof as may be requisite and neces- sary) provided for In the next preceding section of this Or- dinanoe., and such special tax shall o whatsoever be displiced therefrom, SECTION I VII' That the special.; tax hereinbefore provided for,, when collected, shall; be placed and kept in a separate fund and shall be devoted to the payment of the interest and the extin- guishmentof theprincipal ofallaadsingular theb re- inabov mentidned as` same s from time to time., and shall ago be used$ applied or diverted to any other purpose or abject whatsoever; and the funds derived from said tax shall be held and listed as a separate dcaount on the "books of 'said City and the proceeds held and kept by the City Treasurer of said City as a separate and distinct a000 t and so specified a such on his books SECTION I II That as soon as convenient after said bonds have been prepared and signed in the manner prescribed by this ordinance they shall be submitted to the Attorney General ofthe State of Texas., at Austinv together with a certified copy of this ordinance and a statement of the total bonded indebtedness of the City of Fart Worthy including the 'bond. herein and hereby authorized; and the assessed value of the taxable property in. said. City, for his approval and nuns of the said bonds shall be negotiated, sold, or transferred until the same shall have received the official sanction (f the At- torney Ge tfor , n.a al, as prescribed by law, and thereafter the bonds shall be presented to,, the StateComptroller of Public Accounts ,for registration* SECTION That the City Secretary-Treasurer of theCity of Fort Worth, or ether` lawful custodian of such funds., during the months of August' anal'' February of each and every year,, during the life of said bonds gar any part thereof and not - later ot ..ater than the 20th dayof Each of sa'i.d. months, shall ll tran mi,t sufficient money' out f the interest funds hereinbefore created for the payment of semi-annual n.tera t ad r ,i. e said bends , to the Hanover National Banc of the Citi' of New York, State of New Fork, and likewise remittance sha,ll b made in, due courseto ptovide for the payment the ine - p l of any of said bends in advance of the maturity same, SECTION All. ord.i.nances and. parts of ordinances in conflict herewith be and: they are 'hereby expressly repealed. SECTION XI'­ The holdingor adjudication of any section,, portion or part hereof to be invalid shall not affect the validity of any other section er part of this ordinanee,, but all of such other sections, portions or parts hereof shall be and remain valid. TBE STATE O SEX& O Y OF N b� 1), 1. L. Van Zandt2 Jroj, Gity Se ore tary-Trea surer of the #City of Fort `" ort1h, do hereby certify that the above and foregoing Ordinance is a true and correct copy of Ordin- ance No. 1559 and that same was unanimouslypassed and adopted by the City Council of the City of Fort `ffo t ., , , at a regular' session held in the Council Chamber at the Oit y Rall on Wednesday the 23rd day of January,, A. D. 1929" IL .Y SAM 3] ND at Fort 'Worth, Texas, this day of January,, A. D. 1929 City tary-Trea surer