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HomeMy WebLinkAboutOrdinance 1974 ORDINANCE NO. 1974 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NEGO- TIARE COUPON BONDS OF THE GOVERNMENT OF TEES CITY OF FORT WORTH, TSXBS, AMOUNTING TO THE PRIN- CIPAL SUM OF TWO HUNDRED SEVENTY-FIVE THOUSAND DOLLARS (6275,000.00), AND BRING KNOWN AS SERIES 66 AND DESIGNATED AS "CITY HALL BONDS," TO BE IS- '"SD FOR THE PURPOSE OF CONSTRUCTIRti9 BUILDING, ACQUIRING AND EQUIPPING A CITY BALL, POLICE STA- TION AND TAIL BUILDING FOR THE CITY OF FORT WORTH, AND FOR SECURING AND ACQUIRING THE NECESSARY LANDS AND SITE THEREFOR, SAID BONDS TO BE IN THE DENOMI- NATION OF ONE THOUSAND DOLLARS (#1,000.00) EACH, TO BE DATED NOVEMBER 1, 1937, MATURING WITHIN FORTY (40) YEARS FROM THE DATE TMEREOF AND TO BEAR INTEREST AT THE RATE OF TBREE AND THREE-FOURTHS PER CENT (3-3/4'%) PER ANNUM, PAYABLE SWI ANNUALLY, THE INTEREST TO BE MaMESSED IN COUPON NOTES ATTACHED TO THE BONDS, DIRECTING THAT THE SAID BONDS BE MCC- CUTFD BY THE MAYOR AND CITY SECRETARY; AND PROVIDING FOR AN AUWATE TAX LEVY FOR THE PAYMENT OF THE IN- TM= QN SAID NOTES AND TO CREATE A SnZING FUND FOR THE PAYMENT OF THE PRINCIPAL THEREOF AS THE SAME MATURES FROM TIME TO TIME; AND PROVIDING THAT THIS ORDINANCE SHALL BE IN FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS PASSAGE. WHEREAS, on the Slat day of Xuly, A. D. 1935, pursuant to the au- thority rested in said City by Section 19 of Chapter XXV of the Charter of the City of Fort Worth, adopted by the qualified voters within the limits of said City on the llth day of December, A. D. 1924, and the laws and Con- stitution of the State of Texas, the City Council of the City of Fort Worth, Texas, by an ordinance of that date, directed the submission to the qualified electors who own taxable property in the City of Fort Worth, Tame and who have duly rendered the same for taxation, at an election to be held in said City on the 3rd day of September, A. D. 1935, of the right, power and authori- ty of the City Council of said City to issue negotiable coupon bonds of the corporate government of the said City in the principal sum of Two Hundred Seventy-five Thousand Dollars (#275,000.00) for the purpose of constructing, building, acquiring and equipping a City Hall, Police Station and Jail Build- ing for the City of Fort Worth and for securing and acquiring the necessary lands and site therefor; and, ➢dD , in conformity with said ordinance, the Mayor of said City did make proclamation of said election, and fixed the date thereof for the 3rd day of September, A. D. 1935; and, SAS, said election order and proclamation thereof were prepared and published in the manner and for the time prescribed in said ordinance; and, MHEPOJS, on the 3rd day of September, A. D. 1835, said election was held in the City of Port Worth at the respective polling places designated in the election order, at which said election the issuance of said bonds was submitted as a proposition to the qualified electors of said City who own tax- able property in the City of Fort Worth, Texas and who have duly rendered the same for taxation; and, REDWYAS, the official ballot on such occasion, in conformity with the ordinance of the City Council, hersinabove mentioned, and in accordance with the order of said election, in form and in substance reads as follows: OFFICIAL BALLOT I. Shall the City of Port Worth, Texas, through its City Council, is- sue its negotiable coupon bonds in the principal sum of Six Hundred Eighty- seven Thousand, Five Hundred Dollars ($687,500.00), for the purpose of con- structing, building, equipping and improving pleasure grounds, parks and playgrounds for the City of Fort Worth, and for securing and acquiring the necessary lands and sites therefor, said bonds being payable serially as may be determined by the City Council, so that the last maturing bonds shall be- come payable within forty (40) years from the date thereof, bearing interest at a rate not to exceed four per cant (4%) per annum from the date thereof, payable asmi-annually, and levy a sufficient tax to pay the interest on said bonds and create a sinking fund sufficient to redeem said bonds at the maturity thereof? FOR the Issuance of Pleasure Grounds, Parka and Playgrounds Bonds. AGAINST the Issuance of Pleasure Grounds, Parks and Playgrounds Bonds. IIe Shall the City of Fort Worth, `texas, through its City Council, is- sue its negotiable coupon bonds in the principal sum of Two Hundred Seventy- five Thousand Dollars (#275,000.00), for the purpose of constructing, build- ing and equipping a city hall, police station and jail building for the City of Port Worth, and for securing and acquiring the necessary lands and site therefor, said bonds being payable serially as may be determined by the City Council, so that the last maturing bonds shall became payable within forty (40) years from the date thereof, bearing interest at a rate not to ex- ceed four per cent (4%) per annum from the date thereof, payable semi-annually, and levy a sufficient tax to pay the interest on said bonds and create a sink- ing fund sufficient to redeem said bonds at the maturity thereof? FOR the Issuance of City Hall, Police Station and Jail Building Bonds. AGAINST the Issuance of City Hall, Police Station and Jail Building Bonds. III. Shall the City of Pbrt Worth, Texas, through its City Council, is- sue its negotiable coupon bonds in the principal sum of Two Hundred Twenty Thousand Dollars (#220,000.00), for the purpose of constructing, building and equipping a library for the City of Fort Worth and for securing and ac- quiring the necessary lands and site therefor, said bonds being payable seri- ally as may be determined by the City Council, so that the last maturing bonds shall became payable within forty (40) years from the date thereof, bearing interest at a rate not to exceed four per cant (4%) per ennum from the date thereof, payable semi-annually, and levy a sufficient tax to pay the interest on said bonds and create a sinking fund sufficient to redeem said bonds at the maturity thereof? FOR the Issuance of Library Bonds. AGAINST the Issuance of Library Bonds, IV. Shall the City of Fort Worth, Texas, through its City Council, ie- sue its negotiable coupon bonds in the principal sum of One Hundred Thirty- seven Thousand, Fives Hundred Dollars (#137,500.00), for the purpose of con- structing, building, acquiring and equipping a hospital for the City of Fort Worth, and for securing and acquiring the necessary lands and site therefor, said bonds being payable serially as may be determined by the City Council, so that the last maturing bonds shall become payable within forty (40) years from the date thereof, bearing interest at a rate not to exceed four per cent (4%) per annum from the date thereof, payable seni-annually, and levy a sufficient tax to pay the interest on said bonds and create a sinking fund sufficient to redeem said bonds at the maturity thereof? FOR the Issuance of New Hospital Bonds. AGAINST the Issuance of New Hospital Bonds. v. Shall the City of Fort Worth, Texas, through its City Council, is- sue its negotiable coupon bonds in the principal sum of Fifty-five Thousand Dollars ($55,000.00), for the purpose of improving, extending and enlarging the City-County Hospital of said City, and for securing and acquiring the necessary lands and site therefor, said bonds being payable serially as may be determined by the City Council, so that the last maturing bonds shall be- come payable within forty (40) years from the date thereof, bearing interest at a rate not to exceed four per cent (4%) per annum from the date thereof, payable sent-annually, and levy a sufficient tax to pay the interest on said bonds and create a sinking fund sufficient to redeem said bonds at the maturity thereof? FOR the Issuance of City-County Hospital Improvement Bonds. AGAINST the Issuance of City-County Hospital Improvement Bonds. VI. Shall the City of Fort Worth, Texas, through its City Council, is- sue its negotiable coupon bonds in the principal sum of Ninety-one Thousand Dollars ($91,000.00), for the purpose of improving, extending and enlarging the sewage disposal plant of said City, said bonds being payable serially as may be determined by the City Council, so that the last maturing bonds shall become payable within forty (40) years from the date thereof, bearing inter- est at a rate not to exceed four per cent (4%) per annum from the date there- of, payable semi-anmzally, and levy a sufficient tax to pay the interest on said bonds and create a sinking fund sufficient to redeem said bonds at the maturity thereof? FOR the Issuance of Sewage Disposal Plant Improvement Bonds. AGAINST the Issuance of Sewage Disposal Plant Improvement Bonds. VII. Shall the City of Fort Worth, Texas, through its City Council, is- sue its negotiable coupon bonds in the principal sum of Twenty-seven Thousand, Five Hundred Dollars ($27,500.00), for the purpose of constructing, building and equipping a tubercular sanitarium for the City of Fort Worth and for so- owing and acquiring the necessary lands and site therefor, said bonds being payable serially as may be determined by the City Council, so that the last maturing bonds shall become payable within forty (40) years from the date thereof, bearing interest at a rate not to exceed four per cent (4%) per an- num from the date thereof, payable semi-annually, and levy a sufficient tax to pay the interest on said bonds and create a sinking fund sufficient to re- deem said bonds at the maturity thereof? FOR the Issuance of Tubercular Sanitarium Bonds. AGAINST the Issuance of Tubercular Sanitarium Bonds. WHEREAS, in the election held in said City of Fort Worth on the 3rd day of September, A. D. 1935s on the question of the issuance of said bonds hereinbefore mentioned, there was a majority of votes in favor of the issu- ance of said bonds; and, WHSRW, by virtue of said election, said City Council is vested with power and authority by and from the qualified electors who own taxable property in the City of Fort 'Worth, Texas and who have duly rendered the same for taxation, to issue said bonds for the purposes aforementioned, and to melee same valid and binding obligations of the corporate government of the City of Port Worth; and, YEAS, it is deemed wise and expedient by the City Council of the City of Port Worth, Texas, in the exercise of the discretion reposed in it by law, that Two Hundred Seventy-five Thousand Dollars ($E75,000.00) worth of said bonds, authorized to be issued by the qualified electors of said City who own taxable property in the City of Fort Worth, Texas and who have duly rendered the same for taxation, at an election held on the 3rd day of Septem- ber, A. D. 1935, be issued in bonds at this time, said bonds to be issued be- ing Series 68 and designated as "City Ball Bonds"; NOW, THEREFOR$, BE IT ORDLINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION I• That pursuant to Section 19 of Chapter ION of the Charter of the City of Fort Worth, adopted by the qualified voters within the corporate limits of said City on the llth day of December, A. D. 1984, and the laws and Con- stitution of the State of Texas, and pursuant to a vote of the qualified electors of the City of Fort Worth who own taxable property in the City of Fort North, Texas and who have duly rendered the same for taxation, at an election held in said City for such purpose on the 3rd day of September, 1. D. 1935, that the municipal government of the City of Fort Worth issue its corporate negotiable coupon bonds in the principal sum of Two Hundred Seventy-- five Thousand Dollars ($275,000.00), which bonds were authorized to be issued at a proper election held on the 3rd day of September, A. D. 1935, and which bonds are known as Series 88 and designated as "City Hall Bonds," and the bonds so to be issued shall be in the denomination of One Thousand Dollars ($1,000.00) each, said bonds to be dated November 1, 1937, bearing interest at the rate of three and three-fourths per cent (3-3/4%) per anmam, payable semi-annually on the first day of May and November of each year respectively, both principal and interest of said bonds being payable at the Central Hanover Bank and Trust Company in the City of New York, State of New York, the semi- annual interest being evidenced by interest coupons attached thereto, all of said bonds to be executed for and on behalf of the City of Fort Worth by the Mayor thereof, attested by its City Secretary, with the seal of the City there- on duly impressed, but the interest coupons to be executed with the litho- graphed facsimile signature of the Mayor and City Secretary of the City of Fort Worth, each of said bonds and coupons shall be negotiable and payable to bearer, and said bonds shall be numbered in the way and manner hereinafter set out, maturing in numerical order one (1) year from the date thereof, and annually thereafter until the last maturing bond shall become payable within forty (40) years from the date thereof, and the bonds themselves, two hundred and seventy-five (275) in mmmber, shall be numbered conaecutively from one (1) to two hundred and seventy-five (275), inclusive, and shall mature in the amount and manner hereinafter set out; said bonds shall be used for the pur- pose of making permanent improvements by constructing, building, acquiring and equipping a City Hall, Police Station and Tail Building for the City of Port Worth and for securing and acquiring the necessary lands and site there- for. That the general form of said bonds and the coupons thereto annexed and the interest added to said bonds shall be executed substantially in the following forms N0. UNITED STATES $ OF AMERICA STATE OF TM(A,S, COUNTY OF TARRANP SMUM 66 CITY OF FORT WORTH --00000-- City Hall Bond of the City of Fort Worth issued for the purpose of construct- ing, building, acquiring and equipping a City Hall, Polioe Station and Jail Building for the City of Fort Worth and for securing and acquiring the necessary lands and site therefor. KNOW ALL MEN BY THESE PRESENTS: That the government of the City of Fort Worth, a municipal oorpora- tion, duly created under the laws of the State of Texas, hereby acknowledges itself to owe, and for value received promises to pay to bearer, DOLLARS ($ ) in lawful money of the United States of America, on the first day of November, A. D. 19 j together with interest thereon at the rate of three and three- fourths per oent (3-3/4%) per annum, payable semi-annually on the first day of May and November in each year, on presentation and surrender of the annexed Interest coupons, as they severally fall due. Both the principal and interest of this bond are payable at the offioe of the Central Hanover Bank do Trust Company, in New York City, A. Y., and for the due and punctual payment of this bond at the maturity thereof, and the interest thereon, when it falls due, the full faith, credit and resources of the City of Fort Worth are hereby irrevoca- bly pledged. This bond is one of a series of two hundred and seventy-five (275) bonds, numbered oonseoutively from one (1) to two hundred and seventy-five (275), inclusive, each in the denomination of One Thousand Dollars ($1,000.00), amounting in the aggregate to the sum of Two Hundred Seventy-five Thousand Dollars ($275,000.00), issued for the purpose of constructing, building, ac- quiring and equipping a City Hall, Police Station and Tail Building for the City of Fort Worth and for securing and acquiring the necessary lands and site therefor, 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 loth day of November, A. D. 1937, pursuant to valid authority from the qualified electors who own taxable property in the City of Fort Worth, Texas and who have duly rendered the same for taxation, at a proper and legal election held on the 3rd day of September, A. D. 1935. It is hereby further expressly represented, recited and oovenanted by the government of the City of Fort Borth, to and with each and every holder of said bonds or any one of them, that all acts, conditions and things re- quired by the laws of the State of Texas, and of the Charter and Ordinances 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 proper and lawful time, form and manner as prescribed by law, so as to make this bond a legal, bind- ing 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 all 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 interest 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 part, does not exceed any constitutional or statutory limitation. IN T&STIWNY WEMMF, the City of Fbrt Worth, in the State of Texas, has executed this bond by causing it to be signed by its Mayor and attested by the City Secretary, with the seal of the City thereunto duly impressed, and has caused the annexed interest coupons to be executed with the fee- simile signature of the Mayor and City Secretary, and dated as the first day of November, A. D. 1937. CITY OF FORT WORM, TMUS BY b[ayur ATTEST: City Secretary (FORS[ of COUPON NOTIC) NO. The City of Port Worth, in the State of Texas, promises to pay to Bearer Dollars ( ) on the lat day of at the Central Hanover Bank and Trust Company in the City of New York, N. Y., for interest due that day on its City Hall Bond, Series 66, dated November 1, 1937, and numbered . CITY OF FORT WORTH, TEXAVGM— ATTEST: City secretary (CERTIFICATE OF COMPTROLUM) OMOIC OF COMPTROLUM, STATIC 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 a—mined by him as required by law, and that he finds 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 Fort Worth, Texas, and said bond has this day been registered by me. WITMM my hand and seal of office, at Anstln, Texas, this the day of A. D. 193 • Comptroller of Public Accounts of the State of Texas SECTION II. That the said bonds so to be issued by the City of Fort Worth, amounting to Two Hundred Seventy-five 'Thousand Dollars ($275,000.00) shall be issued for the purpose of constructing, building, aoquirlag and equipping a City Hall, Police Station and Jail Building for the City of Fort Worth and for securing and acquiring the necessary lands and site therefor, and shall consist of two hundred and seventy-five (275) bonds, numbered from one (1) to two hundred and seventy-five (275), inclusive, and shall bear interest at the rate of three and three-fourths per cent (3-3/4%) per annual payable semi-annually as aforesaid, all of which said two hundred and seventy-five (275) bonds shall be ]mown as Series 66 and shall be styled and designated as "City Hall Bonds"; that all of the said bonds, comprising the sum total of Two Hundred seventy-five Thousand Dollars ($275,000.00) shall mature in numeri- cal order in the manner and amounts as not out in the tabulated statement here- with attached, to wit: CITY OF FORT WORTH PRINCIPAL MATURITIES $075,000.00 CITY HAIL, POLICE STATION AND JAIL BUMING BONDS SERIES 66 DATED NOVEMBMR 1, 1937 WE NOVEMBER LSf PRINCIPAL MATURING 1938 3,000.00 1959 0,000.00 1940 1,000.00 1"1 6,000.00 194E 6,000.00 1"3 0,000.00 19" 6,000.00 1945 6,000.00 1946 10,000.00 1947 10,000.00 1948 10,000.00 1949 30,000.00 1950 10,000.00 1951 10,000.00 1952 10,000.00 1953 10,000.00 1954 10,000.00 1955 10,000.00 1956 10,000.00 1957 10,000.00 1958 30,000.00 1959 10,000.00 1960 11,000.00 1961 12,000.00 1962 18,000.00 1963 12,000.00 1964 12,000.00 (cowI wn) WS NOVA 1M PRINCIPAL MOORING 1965 12,000.00 1966 14,000.00 1967 14,000.00 SECTION III. That the said bonds are hereby authorized to be sold to the best advantage, but in no event shall same be sold for less than par, and the ac- crued interest to the time of delivery and the proceeds thereof to be placed in the treasury of the City of Fort Worth and utilized for the special pur- poses for which they are created• SECTION IV. That for the purpose of creating a sinking fund for the payment and complete extinguishment of the foregoing bonded debt, principal and in- terest, and all and every part of same, there is hereby levied and there shall be assessed and collected as provided by law, set apart and appropriated for the said purpose, an annual, direct special ad valorem tax for the year 1938, and every successive year thereafter during the life of said bonded debt or any part thereof of .9733 cents (or such an amount as may be necessary and adequate, be it more or less) on One Hundred Dollars ($100.00) of property valuation, real, personal and mixed, subject to taxation and not exempt there- from under the Constitution and laws of the State of Texas, situated and owned in the City of Fort Worth on the first day of Tanuary, 1938, and on the first day of January of each year thereafter until said debt represented by said bonds and coupon interest notes shall have been fully paid, and if, at any time, such tax should be insufficient, then it shall be the duty of the City Council or any other governing body of the City of Fort Worth, to set apart and appropriate such additional amount of money out of the general revenues of the said City, as may be requisite to supply the deficiency until all in- terest shall have been paid and the sinking fund established as required by the Constitution of the State of Tomas and the Charter of the City of Fort Worth. SECTION Ve That it shall be the duty of the City Oouncil of the City of Fort Worth and its successors, and of the government of the City of Fort Worth, by levying taxes for general purposes for the said City of Fort Worth for the year 1938, and for every successive year during the life of said bonded debt or any part thereof, to include in such levy the special tax of .9733 cents on the One Hundred Dollar (#100.00) property valuation (or so much there- of as may be requisite and necessary) provided for in the next preceding aso- Lion of this ordinance, and such special tax shall on no account whatsoever be displaced therefrom. SECTION VI. That the special tax hereinbefore provided for, when collected, shall be placed and kept in a separate Hind and shall be devoted to the payment of the interest and the extinguishment of the principal of all and singular the bonds hereinabove mentioned as same mature from time to time, and shall not be used, applied or diverted to any other purpose or object whatsoever; and the funds derived from said tax shall be held and listed as a separate account on the books of said City, and the proceeds held and kept by the City Treasurer of said City as a separate and distinct account and so specified as such on his books• SECTION VII. That as soon as convenient after said bonds shall have been prepared and signed in the manner prescribed by the ordinance, they shall be submitted to the Attorney General of the State of Texas, together with a certified copy of this ordinance and a statement of the total bonded indebtedness of the City of Fort worth, including the bonds herein and hereby authorized and the assess- ed value of the taxable property in said City, for his approval, and none of said bonds shall be negotiated, sold or transferred until the same shall have received the official sanction of the said Attorney General as prescribed by law, and thereafter said bonds shall be placed with the State Comptroller of Public Accounts for registration. SECTION YIII. That the City Treasurer of the City of Fort Worth, or other lawful custodian of such fund, during the months of April and October of each and every year during the life of said bonds or part thereof, and not later than the 25th day of each of said months, shall transmit sufficient money out of the interest funds hereinbefore created for the payment of the semi-annual in- terest accruing on said bonds, to the Central Hanover Bank and Trust Company of the City of New York, State of New York, and likewise proper remittance shall be made in due course to provide for the payment of the principal of any of said bonds in advance of the maturity of same. SECTION I%. All ordinances and parts of ordinances in conflict herewith be and they are hereby expressly repealed. SECTION %. The holding or adjudication of any section, portion or part hereof to be invalid, shall not affect the validity of any other section or part of this ordinance, but all such other sections, portions and parts hereof shall be and remain valid. MOTION %I. That this ordinance shall take affect and be in full force and effect from and after- the date of its passage and it is so ordained. ATTEST t City Secretary APPROVED AS TO FORM AND LEGALITY: City Attornif 3RDINANC E '-----ORDINANCE Vo No /97 i Title a-ggfdjw..e �L& &4&— f7' D D 'ted Adopt /D. �'1r.�7 l Adoption Final Adoption_ ished Publish i nay of , 19 Filed ay of 19 City Secretary City Secretary