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HomeMy WebLinkAboutOrdinance 1786 ORDINANCE NOr 17$6 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NEGOTIABLE COUPON BONDS OF THE GOVEE3RMT OF THE CITY OF FORT WORTH, AMOUNTING TO THE PRINCIPAL SUM OF FIFTY THOUSAND ($50,000.00) DOLLARS, IN ADDITION TO THE SUM OF FIVE HUNIEW AND FIFTY THOUSAND ($550,000.00) DOLLARS WORTH OF SAID BONDS HERETOFORE ISSUED OUT OF AN AUTHORIZED ISSUE OF ONE MILLION FOUR HUNDRED THOUSAND ($1,400,000.00) DOLLARS, AND BEING KNOWN AS SERIES 51, AND DESIGNATED AS "MAIN ARTERIAL THOROUGHFARE BONDS", TO BE ISSUED FOR THE PURPOSE OF CONSTRUCTING, IMPROVING AND EXTENDING ITS SYSTEM OF STREETS AND THOROUGHFARES BY CONSTRUCTING, IMPROV- ING AND EXTENDING A NEW MAIN ARTERIAL STREET AND THOROUGHFARE RUNNING NORTH AND SOUTH, AND A NEW MAIN ARTERIAL STREET AND THOROUGHFARE EXTENDING EAST AND WEST THROUGH SAID CITY; EACH OF SAID BONDS TO BE IN THE DENOMINATION OF ONE THOUSAND ($1,000.00) DOLLARS, TO BE DATED APRIL 1, 1934, MATURING FROM FIVE (5) TO FORTY (40) YEARS,FROM THE DATE THEREOF, AND TO BEAR INTEREST AT THE RATE OF F01UR AND THREE-FOURTHS PER CENT (41bg) PER ANNUM, PAYABLE SEMI-Arm ALLY, THE INTEREST TO BE EXPRESSED IN COUPON NOTES ATTACHED TO M BONDS, DIRECTING THAT THE SAID BONDS BE EXECUTED BY ME MAYOR AND CITY SECRETARY; AND PROVIDING FOR AN ADEgUATE TAX LEVY FOR THE PAYMENT OF THE INTEREST ON SAID BONDS AND TO CREATE A SINKING FUND FOR THE PAYMENT OF THE PRIN- CIPAL THEREOF AS THE SAME MATURES FROM TIME RU TIME; AND PROVID- ING TRAT THIS ORDINANCE SHALL BE IN FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS PASSAGE. WHEREAS, on the 3rd day of November, A. D. 1925, pursuant to the authority vested 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 Constitution of the State of Texas, the City Council of the City of Fort Worth, Texas, by a resolution and an ordinance of that date, directed the submission to the resident property taxpaying qualified voters of said City, at an election to be held in said City on the 24th day of November, A. D. 1925, of the right, power and au- thority 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 One Million, Four Hundred Thousand ($1,400,000.00) Dollars, for the purpose of making permanent improvements in said City by constructing, improving and extending its system of streets and thoroughfares by constructing and extending a new main arterial street and thoroughfare running north and south, and a new main arterial street and thoroughfare extending east and west through said City; and, ` WHEREAS, in conformity with the said resolution and ordinance, the Mayor of said City did make proclamation of said election, and fixed the date thereof for the 24th day of November, A. D. 1925; and, WHEREAS, said election order and proclamation thereof was prepared and published in the manner and for the time prescribed in said resolution and ordinance; and, WREREAS, on the 24th day of November, A. D. 1925, said election was held in the City of Fort Worth at the respective polling places designated in the election order, at which said election the issuance of said bonds was sub- mitted as a proposition to the taxpaying qualified voters of said City; and* WH2EMAS, the official ballot on such occasion, in conformity with the resolution and ordinance of the City Council, hersinabove mentioned, and in so- sordance with the order of said election, in form and in substance reads as fol- lows: OFFICIAL BALLOT I. Shall the City of Fort Worth, Texas, through its City Council, issue its negotiable coupon bonds, running from five (5) to forty (40) years, in the principal sum of Three Million, Three Hundred Thousand ($3,300,000.00) Dollars, for the purpose of improving and extending the water and sanitary sewer system of said City, the first of said bonds being payable at the expiration of five (5) years from the date thereof, and serially thereafter as may be determined by the said 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 five per cent (5%) pea' annum 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 Water and Sanitary Sewer Bonds. AGAINST the Issuance of Water and Sanitary Sewer Bonds. II. Shall the City of Fort Worth, through its City Council, issue its negotiable coupon bonds, running from five (5) to forty (40) years, in the prin- cipal sum of Two Million, Two Hundred Thousand ($2,200,000.00) Dollars, for the purpose of constructing, improving and extending the streets, thoroughfares and storm sewers of said City, including in such permanent improvements the widening, paving, grade separation, bridges and drainage, the first of said bonds being payable at the expiration of five (5) years from the date thereof, and serially thereafter as may be determined by the said City Council, so that the last matur- ing bonds shall become payable within forty (40) years from the date thereof, bearing interest at a rate not to exceed five per sent (5%) per annum 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 Street Improvement Bonds. AGAINST the Issuance of Street Improvement Bonds. III. Shall the City of Fort Worth, through its City Council, issue its negotiable coupon bonds, running from five (5) to forty (40) years, in the grin= cipal sum of Seventy.-one Thousand ($71,000.00) Dollars, for the purpose of constructing, building and equipping an additional incinerator plant for the City of Fort Worth, Texas, and purchasing the necessary lands and site there- for, the first of said bonds being payable at the expiration of five (5) years from the date thereof, and serially thereafter as may be determined by the said 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 ex- ceed five per cent (5%) per annum 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 Incinerator Bonds. AGAINST the Issuance of Incinerator Bonds. IV. Shall the City of Fort Worth, through its City Council, issue its negotiable coupon bonds, running from five (5) to forty (40) years, in the prin- cipal sum of Five Hundred Thousand ($500,000.00) Dollars, for the purpose of purchasing, acquiring and improving lands and property for public parks in the City of Fort Worth, the first of said bonds being payable at the expiration of five (5) years from the date thereof, and serially thereafter as may be determined by the said 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 five per cent (5%) per annum 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? FCR the Issuance of Park Bonds. AGLIIQST the Issuance of Park Bonds. V. Shall the City of Fort Worth, through its City Council, issue its negotiable coupon bonds, running from five (5) to forty (40) years, in the principal sum of One Hundred and Seventy Thousand ($170,000.00) Dollars, for the purpose of purchasing, acquiring and improving play-grounds, athletic fields and other recreation facilities of a permanent nature in said City, the first of said bonds being payable at the expiration of five (5) years from the date thereof, and serially thereafter as may be determined by the said 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 five per cent (5%) per annum 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 Recreation Bonds. AGAINST the Issuance of Recreation Bonds. VI. Shall the City of Fort Worth, through its City Council, issue its negotiable coupon bonds, running from five (5) to forty (40) years, in the principal sum of Eighteen Thousand ($18,000.00) Dollars, for the purpose of constructing, building and equipping an addition to the City-County Hospital in the City of Fort Worth, Texas, the first of said bonds being payable at the expiration of five (5) years from the date thereof, and serially thereafter as may be determined by the said 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 five per cent (5%) per annum 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 City-County Hospital Bonds. AGAINST the Issuance of City-County Hospital Bonds. 4II. -Shall the City of Fort Worth, through its City Council, issue its negotiable coupon bonds, running from five (5) to forty (40) years, in the principal sum of One Million, Four Hundred Thousand ($1,400,000.00) Dollars, for the purpose of constructing, improving and extending its system of streets and thoroughfares by constructing, improving and extending a new main arterial street and thoroughfare running north and south and a new main arterial street and thoroughfare extending east and west through said City, including in such permanent improvements grade separation, bridges, drainage and the purchase of right of way, the first of said bonds being payable at the expiration of five (5) years from the date thereof, and serially thereafter as may be determined by the said 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 five per cent (5%) per annum 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 Main Arterial Thoroughfare Bonds. AGAINST the Issue6ace of Main Arterial Thoroughfare Bonds. WHEREAS, in the election held in said City of Fort Worth on the 24th day of November,, A. D. 1925, on the question of the issuance of said bonds herein- before mentioned, there was a majority of votes in favor of the issuance of said. bonds; and, 'WHEREAS, by virtue of said election, said City Council is vested with power and authority by and from the qualified voters to issue said bonds for the purposes aforementioned, and to make some valid and minding obligations of the corporate government of the City of Fort Worth; and, WHE.RUS, the City Council, in accordance with the power vested in said governing body set forth in the preceding paragraph, did lawfully pass and adopt an ordinance on the 23rd day of October, A. D. 19299 and which ordinance was duly amended by an ordinance passed and adopted on the 4th day of December, A. D. 1929, authorizing the issuance of negotiable coupon bonds of the government of the City of Fort Worth, amounting to the principal sum of Two Hundred and Fifty Thousand ($250,000.00) Dollars; and, WHEREAS, the CitrOouncil, pursuant to the power vested in said govern- ing body, did lawfully pass and adopt an ordinance on the 7th day of May, A. D. 1930, authorizing the issuance of negotiable coupon bonds of the government of the City of Fort Worth, amounting to the principal sum of Three Hundred Thousand ($300,000.00) Dollars; and, WHEREAS, all of the above described bonds were issued out of an au- thorized issue of One Million, Four Hundred Thousand ($1,400,000.00) Dollars worth of said bonds, and which bonds were authorized to be issued by the property taxpaying qualified voters of said City at an election held on the 24th day of November, A. D. 1925, and all of them being a part of and known as Series 51 and designated as "Main Arterial Thoroughfare Bonds"; and, WfYJM S, -it is deemed wise and expedient by the City Council of the City of Fort Worth, Texas, in the exercise of the discretion reposed in it by law, that Fifty Thousand ($50,000.00) Dollars worth of said bonds, in addition to the Five Hundred and Fifty Thousand ($550,000.00) Dollars worth of said bonds heretofore issued out of the authorized issue of One Million, Four Hundred Thousand (41,400,000.00) Dollars, be issued in bonds at this time, said bonds to be issued being a part of Series 51 and designated as "Main Arterial Thoroughfare Bonds", NOW, MMUUMRE, BE IT ORDAINED BY THE CITY COUNCIL CF THE CITY OF FORT WORTH, TEXAS: SECTION I. That pursuant to Section 19 of Chapter XXV 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. 1924, and the laws and Constitu- tion of the State of Texas, and pursuant to a vote of the resident property taxpaying qualified voters of the City of Fort Worth, at an election held in said City for such purpose on the 24th day of November, A. D. 1925, that the municipal government of the C14y of Fort Worth issue its corporate negotiable coupon bonds in the principal sum of Fifty Thousand ($50,000.00) Dollars, this amount being in addition to the Two Hundred and Fifty Thousand ($250,000.00) Dollars worth of said bonds heretofore issued by an ordinance lawfully passed and adopted on the 23rd day of October, A. D. 1929, and which ordinance was amended by an ordinance lawfully passed and adopted on the 4th day of December, A. D. 1929, and in addition to the Three Hundred Thousand ($300,000.00) Dollars worth of said bonds heretofore issued by an ordinance lawfully passed and adopted on the 7th day of May, A. D. 1930, and all of said bonds being issued out of an authorized issue of One Million, Four Hundred Thousand ($1,400,000.00) Dollars, and which bonds were authorized to be issued at a proper election held on the 24th day of November, A. D. 1925, and which bonds are known as Series 51 and designated as "Main Arterial Thoroughfare Bonds", and the bonds so to be issued shall be in the denomination of One Thousand 41,000.00) Dollars each, dated April 1, 1954, bearing interest at the rate of four and three-fourths per cent (41%) per annum, payable asmi•annually on the first day of October and April of each year respeotively, 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 thereon duly impressed, but the interest coupons to be executed with the lithographed 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 five (5) years from the date thereof, and annually thereafter until the last maturing bond shall become payable within twenty (20) years from the date thereof, and the bonds themselves, fifty (50) in number, shall be numbered consecutively from five hundred and fifty-one (551) to six hundred (600) inclusive, and shall mature in the amount and manner hereinafter set out; said bonds shall be used for the purpose of making permanent improvements by constructing, improving and extending a new main arterial street and thoroughfare running north and south, and a new main arterial street and thoroughfare extending east and west through said City. 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 form; N0. UNITED STATES #1000. OF AMERICA STATE OF TM=, COUNTY OF TARRANT SERIES 51 C I T Y O F F 0 R T W 0 R T R ---0000000--- Main Arterial Thoroughfare Bond of the City of Fort forth issued for the purpose of constructing, improving and extending its system of streets and thoroughfares by constructing, improving and extending a new main arterial street and thorough- fare running north and south, and a new main arterial street and thoroughfare ex- tending east and west through said City. SNOW ALL I= BY THESE PREMTS: That the government of the City of Fort Worth, a municipal corpora- 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, ONE THOUSAND DOLLARS (#1000) in lawful money of the Vnited States of America, on the first day of April, A. D. 1939, together with interest thereon at the rate of four and three-fourths per centum (4V) per annum, payable semi-annually on the first day of October and April 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 office of the Central Hanover Bank and Trust Company, in New York City, N. T., 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 irrevocably pledged. This bond is one of a series of fifty (50) bonds numbered consecutive- ly from five hundred and fifty-one (551) to six hundred (600) inclusive, each of the denomination of One Thousand ($1,000.00) Dollars, amounting in the aggre- gate to the sum of Fifty Thousand ($50,,000.00) Dollars issued for the purpose of constructing, improving and extending the system of streets and thoroughfares in the City of Fort Worth by constructing, improving and extending a new main arterial street and thoroughfare running north and south, and a new main arterial street and thoroughfare extending east and west through said City, 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 4th day of April, A. D. 1934, pursuant to valid authority from the property taxpaying qualified voters of said City, at a proper and legal election held on the 24th day of November, A. D. 1925. It is hereby further expressly represented, recited and covenanted by the government of the City of Fort Worth, to and with each and every holder of said bonds or any one of them, that all acts, conditions and things required 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, 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 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'prineipal 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 TESTIMONY WHUMF, the City of Fort 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 facsimile signature of the Mayor and City Secretary, and dated as the let day of April, A. D. 1934. CITY OF FORT WORTH, TEXAS Mayor ATTEST: City 10iii4tary (FORM OF COUPON NOTE) NO. The City of Fort Worth, in the State of Texas, promises to pay to Dearer ($ ), on the 1st 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 municipal bond dated , and ntmbered CITY OF PORT WORTH, TEXAS Vayor ATTEST; city stareulky (CMM FI CAT$ OF COMPMT.LER) OFFICE OF COWMOLLER, 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 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. WITNESS my hand and seal of office, at Austin, Texas, this the day of , A. D. 1934. 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 Fifty Thousand ($50,000.00) Dollars, out of the said authorized issue of One Million, Four Hundred Thousand ($1,400,000.00) Dollars, shall be issued for the purpose of constructing, improving and extending a now main arterial street and thoroughfare running north and south, and a new main arterial street and thoroughfare extending east and west through said City, and shall con- sist of fifty (50) bonds, numbered from five hundred and fifty-one (551) to six hundred (600) inclusive, and shall bear interest at the rate of four and three- fourths per cent (4j%) per annum, payable semi-annually as aforesaid, all of which said fifty (50) bonds shall be known as Series 51 and shall be styled and design - nated as "Main Arterial Thoroughfare Bonds"; that all of the said bonds, eompris- ing the sum total of Fifty Thousand ($50,000.00) Dollars shall mature in numerical order in the manner and amounts as set out in the tabulated statement herewith attached, to wit: CITY OF FORT NORTH PRINCIPAL MATURITIES $50,000.00 MAIN ARTERIAL THOROII(EFARE BONDS DATBD APRIL 1, 1934 DUE APRIL 1ST PRINCIPAL MATURING 1939 $ 2,000. 1940 2,000. 1941 2,000. 1942 3,000. 1%3 3,000. 1944 3,000. 1945 3,000. 1946 3,000. 1947 3,000. 1948 3,000. 1949 3,000. 1950 4,000. 1951 4,000. 1952 4,000. 1953 4,000. 1954 4,000. SECTION III. That the said bonds are hereby authorized to be sold to the beat advantage, but in no event shall same be sold for leas 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 purposes 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 interest, and all and every part of same, there is hereby levied and there shall be assessed and collected as provided by law, act apart and appropriated for the said purpose, an annual, direct special ad valorem tax for the year 1934, and every successive year thereafter during the life of said bonded debt or any part thereof of .1955 cents (or such an amount as may be necessary and adequate, be it more or less) on every One Hundred ($100.00) Dollars of property valua- tion, real, personal and mixed, subject to taxation and not exempt therefrom under the Constitution and law of the State of Texas, situated and owned in the City, of Fort Worth on the lot day of January, 1934, and on the lot 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 interest shall have been paid and the sinking fund established as required by the Constitution of the State of Texas and the Charter of the City of Fort Worth. SECTION V. That it shall be the duty of the City Council 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 1934, 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 .lM cents on the One Hundred ($100.00) Dollars property valuation (or so much thereof as may be re- quisite and necessary) provided for in the next preceding section of this or- 11.0 dinance, 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 fund 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 some 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 proscribed 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 assessed 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 reoeiv- ed 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 VIII. That the City Secretary of the City of Fort Worth, or other lawful custodian of such fund, during the months of September and March 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 interest 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 IX. All ordinances and parts of ordinances in conflict herewith be and they are hereby expressly repealed. SECTION z. The holding or adjudioation 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. SECTION %I. That this ordinance shall take effect and be in Rill force and ef- fect from and after the date of its passage and it is so ordained. ATTEST: City seoretary APPR RM AND LEGALITY: City Attorney ORDINANCE No._ fir y Title v 00 � n Date Filed ' __ day of 19_ City Secretary