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HomeMy WebLinkAboutOrdinance 888 { 1 ORDINANCE NO_ 888 January 12th, 1923. AN ORDINANCE providin for the issuance of 'negotiable munici al bonds of e Government of the dity of Fort forth amoun�inr in the aggregate to the principal sum o f Two Million Seven'Hundred and Fifty Thousand Dollars ( ? 750,000.00), divided. into four series, one of which shall be mown as Series No. 40, and designated as, "Plater and Sewer Improvement Bonds," in the principal sum of �ne Mil- li" Five Hundred Thousand Dollars ($1,500 000.001, one of which shall be known as Series No.' 41, anA designated as "Street Improvement and Extension Bonds." in the pp inc' al sum of Eight Hundred Thousand Dollars ($1800 000.00F; one of which shall be known as Series No. 42, and Aesignated as "Light Improvement and Extension Bonds," in tho prin- t al sum of Two Hundred and Fifty Thousand Dollars ( 50,000.00): one of which shall be known as Series No. 43, and des iga ated as "Fire Protection bonds " in the principal stun of Two Hundred Thousand Dollars ($200,000.00); all said onds to be in the denomination of One Thousand Dollars ($1,000.00 each, to be dated January 1st 19?3 maturingfrom five to forty years from the date thereo , 5 and to ear interest at the rate no t to exceed five percentum per annum, payable semi-annually the interest expressed in coupon notes attached to the fonds; directing the execution of said bonds by the Mayor and Citv Sec- retary and providing for an adequate tax levy for the payment of the interest on said bonds, and to create a pinking fund for the payment of the principal thereof as same x6tures from time .to time, and providing that this ._ XIA anee- shall t r�rrnet- rvm-and after tie passage thereof. 1. WHEREAS, on the 13th day of December, 19212 ppursuant to Section 20, Chapter 6' of the Charter of the City of Fort Worth, g, anted by Act of the Thirty-First Legislature of the State of Texas, .at, the regular session thereof, the Boaxd lof Commissioners of the City of Fort Worth by resolution of that date directed the submission to the property tax payfn qualified voters of the City of Fort Worth, at an election o-be held in said City on the 30th day of December A. D. 1922, of the right, power and authority of the BoarA of Commissioners of said City to issue ne- gotiable bonds of the corporate government of said City, amounting in the aggregate to the principal srm of Two Million Seven Hundred and Fifty Thousand Dollars ($2 750,000.00) o which amouup�t One Million Five Hundred Thousand Dollars (1,500,000.001, was to be issued for the improvement of the water an sewer systgm of the City; Ei ht Hundred Thousand Dollars 4800'000.00] for the construction, i� ��rrrrd extension of the streets and thoroughfa s of said ity; Two hundred and Fi ft y Th ousand Dollars ($250,000.00), for the improvement and extension of tY� lightingg system of the City; Two Hundred Thousand Dollars (( 00, 00.00) for the improvement and extension of the system of fire protection for the City; each of the several issues hereinbefore A�nea- ified to indicate and express its respective purpose; ail said bonds maturing from five to forty years from the date thereof, and o bear interest at the rate of five per centum per annum, payable semi-annually; and, P9fiEREAS, in conformity with said order and re- solixtion the Mavor of said Citq did make proclamation of said election and fixed the date thereoT for the 90th day of December, A. D. 19T,; and ti'PREREAS, publication was made of said elec- tion in the manner and for the time prescribed in said re- solution; and, WFEM AS on said 30 t h day of Pe cembe r, A. D. 1922, said elect lon was held in the City of Fort Worth, at the respective polling places designates in the election order at which said election each issue of boTd s was sub- mittec) as a separate and distinct proposition to the voters of said City, -the official ballot on such occasion, in con- formity with the resolution of the Bo ,id of Commissioners, and the order of the election, in form and substance rea - ing as follows: OFFICIAL BALLOT. (1) Shall the City of Fort Worth through its Board of Commissioners, issue its negotiable coupon bonds running from five to forty years, in the pr cippal sum of One Million Five Fundred-Thousand Dollars t 1,b00,000.001, for the purpose of improving and extending the water and sewer system of said City, payable at the expiration of five years from the date thereof, and serially thereafter from vear to year, so that the last maturing bonds shall become oav- able forth ve rs pram Rate t--he+ree€-, bearin .inte �t the rate of fine per cent per annum from Ne date Preof, ayable semi-annuallv md levy a sufficient *ax to pav he interest on said fonds and create a sinking fund suf- ficient to redeem said bonds at the maturity thereof? FORT'uE ISSTANCE OF SA ID RTMS. AGAINST THE ISSUANCE OF SAID ROT1nS. V Shall the City of Fort Worth through its b board of Commissioners, issue its neMtiable coupon bends running from five to fortv ypa.r in the pri ci al sum of Eight Hundred Thousand Dollars ($800,000.001, or the pur- �pse of constructing improving and extending the streets and thoroughfares off' said City, payable at the ex iratioa of five years from the date thereof, and serially �bere- after from year to year, so that the last maturing bonds shall become payable forty years from the ate thereof, bearin , interest at the rate of five per centum per annum from Ne 'Tate thereof, pa able semi-annually, and levy a suff ici en tax "—pay the interest on said hand.&, and, create a s inl-ing fund sufficient to redeem said bonds at the maturity thereof? FOR T HE I SS11ATJCE OF SAID RIPS. AGAINST THE ISSUANCE OF SAID RONBS. (3) Shall the City of Fort Worth through its Board of Commissioners, issue its nepptiable coupon 2 ' � a bonds running from five to forty nears in the principal sum of Two Hundred and Fifty Thousand 1ollars (TP50 00.001, for the purpose of improving and extending the lig�iting system of said City, payable at the expiration of five years from the date thereof, and serially thereafter from near to Tear, so that the last_ maturing bonds shall become parable fort, Pears from the date thereof, bearinp, interest at the rate of five per centum per annum from the date thereof, payable semi-annually, and levy a sufficient tax to ppav the interest ran said beds, and create 4k- e inki-n;. fund -aX1- cient to redeem said bonds at the maturity thereof? FOR THE ISSUANCE OF SAID BONDS. AGAINST THE ISSUANCE OF SAID RO'dDS. (4) Shall the City of Fort Worth, through its to and of Commissio ners,issue its negotiable coupon bonds running from five to forty yea s in the principal sum of Two Hundred Thousand Dollars (Rb0,A00.00), for the pur- �ose of improvi and extending the system of fire pro- ect ion of said i ty payable at the expirat ion of five uears from the date thereof and serially thereafter from year to year, so that the last maturing vonds stall become ayabl6 forty years from the date thereof, bearing intere- at the rate of five per centum per annum from the date thereof payable semi-annually and levy a sufficient tax to pay tte interest on said b6h, and create a sink- ing fund sufficient to redeem said bonds at the maturity thereof? FCR "NE ISSLf M-B OF SAID ROMS. AGAINST "PE ISSIMCE OF SiID RO'TnS. AND WREIAS, the elect ion held in said Citv of Fort Worth, on the four issues of bonds hereinbefore men- tioned, resulted in a majority in favor of the issuance pf all said bonds and each issue thereof; and, W EREAS, by virtue of said election said 'Board of Commissioners is vested with authority by and from the people to issue said bonds, for the pu.pose aforementioned, and to make same valid and bindin obli , tions of the corpor- ate govermgent of the City of Fort Worth; NOW , THEREFORE RE IT ORDAL^IED t7 THE -BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH: Sec. 1. That pursuant to Section 20. Chapter 6 of the Ch arte r of the Ci ty of Fo rt Worth granted by Act of the Tbirty-First Legislature of the Sate of Texas, at a rern- lar session that convened Januarp 1?th, 1909 and adjourned larch 13th, 1909, and a vote of the property tax paying qualified voters of the City of Fort "forth at an election held in said City for such^ purposes, on the .30th day of December A. D. 1922., that the municipal government of the City of Port Worth issue and utter itscorporate negotiable coupon bonds in the agpgr ate 81 of Two Million Sjjven pan- dred and Fifty Thoueanc� bollars ( ,750,000.00) in the sr 3 .' denomination of One Thousand Dollars ($1,000.00) each da- ted January 1st, 1923, bearing interest at the rate of five per centum per annum, payable semi-annually on the first days of July and January of each year, both principal and inter- es t of said bonds pavabl e at the uanover National Bank, in the City of New Trork State of New York, the semi-annual interest on said bon;s evidenced by interest coupons at- tached thereto all said bonds to be executed for and on behalf of the Laity of Fort Worth by the Mayor thereof, at- tested bir its Olt Secretary with the seal of the City there- on dulo im ress but the interest coupons to be executed with the Ii hograp�ied facsimile signature o' the Favor and City Secretary of the Ci tyy of Fort Worth each of said bonds and coupons shall be negotiable and payable to bearer and said bonds numbered in the wav and manner here inaffer'se't out, maturin five years from the date thereof, and annually thereafter until the last maturing bonds shall become payable, fortv years from the date thereof; said bonds to he divided into four series for the four separate and distinct* purposes hereinafter set out- that is to HR Oee million Five uundred Thousand Dollars, (*1 500,000.00� t�iereof shall be devoted to the im rovement ana extension of the water and eewer system o the My f Fort Worth; Eight Hundred Thousand Dollars ( 800,000.00� thereof for the construction a nd improvement of the streets and thoroughfares of said City; Two Fundeed and Fifty Thousand Dollars ($250,000.00 thereof for the improvement and extension of the lighting system of aid City; and Two Hundred Thousand Dollars MOf.000.001, thereof for the extension and improvement of the fire. system of said City, making the sum tot 1 of Two Mil ion Seven Hundred and Fifty Thousand Dollars (,2,750,000.001 of bonds of said City, divided for.th&%ia=oses-hereinabove set out. That the general form of said bonds and the coupons thereto annexed being the interest to be paid on said bond , shall be executed in substantially the follow- ing form s(va in only in expressing the respective purpose of each issue, �o-wit: UNITED STATES OF AMERICA, STATE OF -EXAS, COUNTY OF 'ARRANT, CITY OF FORT WORM __,fond of the City of Fort "north (here insert a genera 'description of the purposes for which said bond is issued). w No. ] KNOW ALL MEN Br '"HF SE PRE SENT S: w That the government of the City of Fort Worth a municipal corporation, duly created under the laws of tie State of Texas, hereby acknowledges itself to owe, and for value recce ved pproq'ses to pay to bearer One Thousand Dollars ( 1,000.001, in lawfuf money of the United States of America, on the day of A. D. 19 , together with interest thereon at the rate of per centum per annum, payable semi-annually on the first days of July and January in each year, on presentation and sur- render of the annexed interest coupons, as they severally fall due. Both the princip al and interest of this bond are ppayable at the office of the Hanover National 1%nk, in New York City, TT. Y. , and for the due and punctual pay&e nt of �+ this bend at the maturity thereof, and the interest thereon, 4. s— - + i when it falls due the full faith credity and resources of the City .of Fort Worth are hereby irrevocable pledged. This bond is one of a series of bonds numbered consecutively from One 1, to inclusive, e eh of the denom- ination of One Thousand oltars (1,000.00 , amounti in the , aggre ,ate to the sum of , issueg for the purpose o under and by virtue of the Grinstitut !on nind laws of the St ate of Texas, the Charter of the City of Fort Worth and an or- dinance of the Board of Commissioners of-said City lawfully passed and adopted on the d av of .TamiarV, A. D. 19� ursuant to valid authority from the property tax paving nuali- ied voters of said City at a proper and legal election held on the 30th day of December, A. D. 1922. It is hereby further expressly represented recited and convenanted by the government of the Gity of Fort Wo rtb, to and with each and every holder of said bonds or'anv one of them that all acts conditions and thin�.s 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 teen done have happened, and have been performed in proper and (awful time, form and manner as prescribed by law so as to make this bend a legal, binding and valid obliga, ion of the City of Fort Wort and 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 t_- has �1� ;3,e►rted -in sufffcfent amount for tha payae t of the pFincipa`I and 'merest of this bend at the respective maturity ddtes thereof, and that the. total indebtedness of said Ci tv, including t1is; 15md, and the issue of which it is a compponent ppart does not exceed any constitutional or statutory limitat ion. IN TE SP IMONY WNEIMOF., the C i t.7 o f Po rt Wo rth in the State of Texas, has executed this bond by causin, it to be signed by its Mayor and Attested by the City SecWlary, with the seal of the City thereunto duly impressed, and has caused the annexed interest coupons to be executed with the lithographed facsimile signature of the Mayor and City Sec- retary, and dated as of the first day of -Tanuary, A.. I). 1923. TPE CITY OF FOP7 TOITTT, 71E-T4S, ATTEST: GITY : TA:HY ..,,�U ( FORM OF COUPON NOTE.) No. The City of Fort Worth, in the State of Texas, promises o pay to bearer dole rs, , on f1ii day. of A. D. 19 , at th a flan over Na t ional Bank in the Gity of New vork� N. V, , for interest due that s 7 . a day on its municipal bond dated January 1st, 19M, and num be red THE CITY OF FORT WORTH, TnAS. :favor - ATTEST Ci tv erotary:: 71ME Sec. 2. That of the total amount of bonds so to be is- sued by- the Citv of Fort Worth One Million Five Hundred Thousand Dollars $1,5004000.6O) thereof shall be issued for the pu.pose of improving the water and sewer system of said Gi .pose and sh ll consist of fifteen} hundred bonds. numbered from One (11 to Fifteen Hundred (1500) inclusive, of which seven hundred and fifteen, numbered from Ofte (1) to seven hundred and fifteen (715) inclusive, shall bear interest at the rate of frur and one-half percentum per antrum, payable semi-annualy as aforesaid; and seven hun- Bred and eitbty five (781 ereof, numbered from seven hundred and- sixteen (716) to fifteen hundred (1500), inclusive, shall bear interest at the rate of five percen- tum per annum, avable semi-annually, as aforesaid; all of which said fifteen hundred bonds shall be known as Se r- ie8 No. 40 , and styled and designated as, "WELter and Sewer Improvement Lond." Sec. 3. That of the total amount of bonds so to be issued by the City of Fort Worth Eight Hundred Thous- and Dollars ($800,000.00) therFot shall be issued for the purpose of improvinr, and extending the streets and thoroughfares of said C' v, and shall consist of eight hundred b nds (800 , numbered from one fll to eight 'hundred (800) inclusive of which three hundred and a ighty-one (3811, nVe ed from one (l i to three hundred' and eighty-one (381) inclusive shall bear in- terest at the rate of fiur and one-half' per centum per annum, pavable_ semi-annua iv as aforesalcY- and four hundred and nineteen (4101 thereof, numbered from three hundred and ei ghty-two (382) to eight hundred (600), in- clusive, shall bear interest at the rate of five per- centum per annum, avable semi-annually, as aforesaid; all of which said eigh hundred ponds shall be known as Series No. 41 andd styled and designated as " Street Improvement and Extension Bonds." 6. Sec. 4. That of the total amount of bonds so to be issued by the City of Fort Wo th Two Hundred and Fifty Thousand Dollars '($250,000.00f Aereof, shall be issued for the purpose of improving and extending the lighting system of said City, and shall am sist of two hundred and fif b nds, numbered from one (1) to two hundred and fif- ty �50�, inclusive of which one hundred and nineteen numbered from One (f) to one hundred and nineteen (1191 inclusive, shall bear interest at the rate of four and one-half per centum per annum dyable sem an wally, s aforesaid; and one hundred anA �hirty-one (1311 a thereof, -numbered fm -h ne undred and _twenty (120 to two hundred and fiftr ro inclusive, shal inttq—st nt `he rate of five per centum per annum avable semi-annual1v, as aforesaid; all of which saiA two hundred and fifty bonds shall be known as Series No. —42- and stvled and designated as, "Light Improvement and Extension Bonds." Sec. 5. That of the total amount of bonds so to be issued by the City of Fort Worth, Ww o Hundred Thousand Dollars, ($200,000.00) thereof shall be issued for the purpose of improving and extending the fire protection system of the City, and shall. consist of two hundred bonds (200) numbered from one (1) to. two hundred (200), inclusive, of which ninety-six (96) numbered from one (11 to Ninety-six 19 6) inclusive, shall bear interest at the rate of four and one-half per centum per annum, pay - able semi-annually, as aforesaid; and one hundred and four (104) thereof, numbered from ninetv-seven (971 to two hundred (200), inclusive;, shall bear interest at the rate of five per centum per annum, pavable semi- annually, as aforesaid; all of which said two hundred bonds shall be known as Series No. _AL , and styled and designated as, "Fire Protection !Iotds." 7. SCHEDULE OF MATURITIES., for SHE CITY OF FORT WORTH TEXAS. GENERAL IMPROVEhIENT BONDS. Year 4-21% water- 4j Street 1 4 Light 42,% Fire De- Total f Works Bonds Imp. Bonds Imp Bonds partment Bonds Maturit; 1928 17,000 9,000 , 3,000 2,000 $31,000 1929 18,000 10,000 3,000 2,000 33,000 1930 18,000 10,000 3,000 3,000 34,000 1931 20,000 10,000 3,000 3,000 36,000 1932 20,000 11,000 3,000 3,000 37,000 IM 21,000 11,000 3,000 4,000 39,000 22,000 12,000 4,000 3,000 41,000 1935 23,000 13,000 4,000 3,000 43,000 1936 25,000 133,000 4,000 3,000 45,000 1937 26,000 14,000 4,000 3,000 47,000 1938 27,000 14,000 4,000 4,000 49,000 1989 28,000 15,000 5,000 3,000 51,000 1940 29,000 15,000 5,000 4,000 53,000 1941 31,000 16,000 5,000 4,000 56,000 1942 32,000 17,000 5,000 4,000 58,000 1943 33,000 la,,000 6,000 4,000 61,000 1944 35,000 19,000 6,000 4,000 64,000 1945 360000 19,000 6,000 5,000 66,000 1946 38,000 20,000 6,000 5,000 69,000 1947 40,000 21,000 7,000 5,000 73,000 1948 41,000 22,000 7,000 6,000 76,000 1949 43,000 23,000 7,000 6,000 79,000 1950 45,000 24,000 8,000 6,000 83,000 1951 47,000 250-000 8,000 7,000 87,000 Total 4Q's $710, 381,000 119,000 4 96111000 $ 1,311,000 Year Water- 5% Street 5% Light 5%.iftre de- Total for w r�s Bonds Imp.Bonds Imp.Bonds partment Bonds Maturity 1952 49,000 $ 26,000 $ 8,000 7,000 $ 90,000 1953 52,000 28,000 9,000 6,000 95,000 1954 55,000 w MOOO 9,000 7,000 100�000 1955 57,000 31,000 10,000 7,000 105,000 1956 60,000 320-000 101,000 8,000 110,000 1957 63,000 33,000 10,000 9,000 115,000 1958 66,000 35,000 11,000 9,000 121,000 1959 69,000 37,000 12,000 9,000 127,000 1960 73,000 39,000 12,000 10,000( 134,000 1961 76,000 41,000 13,000 10,000 140#000 1962 80,000 43,000 13,000 11,000 147,000 1963 85,000 45,000 14,000 11,000 156,000 Total 5's $ 785;000 419,000 6 131,000 6 104,000 $ 1,439,000 Grand Total 01,500,900 0 800,000 $ 250,000 $ 200,000 0 21750,000 seat. 6 That all said bonds 2o750i0 00)dollars# arranged d the sum total Of oaccording t o Millionetheurespectiv and Fifty thousand (J , ,00 divisions or purposes in to which they fall, including those that bear interest at the said rate of four and one half #ef-444nt (% 422-) 8xxtxx and those that bear interest at the said rate of five per cent (%5) shall matre in setu uforth inethentabulatedmscheduled at the herewithrespective subjoined,periods of time as to-wit; Sec. 7 Said bonds are authorized to be sold to the best advantage, but at not less than par and accrued interest to the time of delivery, and the proceeds theeof covere into the City cf Fort forr rthe special purposes for awhich each sury of eissue of bonds wist h and utilized created See. 8 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, set .,ppart and appropraited for said purpose, and annual , direct special ad valorem tax for the year 1923 , and for every successive year thereafter during the life of said bonded debt, or any part thereof, ma of cents (or such an amount as may be necessary and adequate, be it more or Tss ) xaxxtkff on every one hundred ($100.00) Dollars of property valuationo real, personal and mixed, subject to taxation and not exempt therefrom under the CIDnstlitution and law of the State of Texas, aatW situated and owned in the City of Fort Worth on the first day of January 1923, 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 insuffient, then it shall be the duty of the Board of Commissioners or other governing body of said City of Fort Worth, to set apart and ap- propriate such additional amount of money out of the general reloenues of said City, as may be requisite to supply the deficiency until all interests shall have been paid and the sinking fund established as required by the wo�hitution of the State of Tess and by the Charter of the City of Fort Sec. 9 That it shall be the duty of the Board of Commissioners of the City of Fort Worth, as as successors in office, and of the Government of said City of Fort 4ortht in levying taxes for general purposes for the 6ity of Fort worth for the year 1923 , 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 cents on the one hundred ($100.00) Dollars property valtftV1b'd or so much therof as may be requisite and necessary) provided for in the next preceding section of this ordinance, and such special tax shall on no account whatsoever be displaced therefromt. Sec. 10 That the special tax hereinbefore provided for, when collected, shall be placed and kept in a separete fund and shall be devoted to the payment of the interest and the extinguishment of the principal of all and singular the bonds hereinabdi8e mentioned as same mature from time to time, and shall not be used applied or diverted to any other purpose or object whata,oever. And the funds derived from said tax shall be held and listed as sepparate accounts on the books of said City, and the proceeds held and kept by the City Treasurer of said gity as a separate and distinct account $nd so specified as such on his books; and it shall be unlawful for the reasueee of the said City of Fort Worth, or other lawful custodian therof , to honor or recognize any check, warrant draft or order upon Ach funds except for the purpose afaoresaid. Sec.11 That as soon as convenient after said bonds shall have been prepared and signed in the manner prescribed by thks ordinance they shall be submitted to the Attbvney General of the State of Texas, together with a certified copy of this ordinance and a statement of the total bonded indebtedness of the dity of Fort Worth, including the bonds herein and Hereby authorized and the accessed value of the taxable property in said city, for his approval, and none of said bond shall be negotated, saxaax sold or transferr ed until the same shall have received the official sanction of said Attornry Geheral as prescribed by law, and therrafter said bonds shall be lodged with the State Comptroller for registration Sec. 12 The city Treasurer of the City of Fort Worth, or other lawful custodian of such funds , during the month of Junexx and December of each and every year during the life of said bonds, or any part thereof, and not later than the 20th 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 Hanover National Bank of the City of New York, State of New York; and likewise 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. Sec. 13 All ordinances and parts of ordinances in conflict here*ith be and they are hereby expressly repealed . See. 14 This ordinance shall take effect and be in full force from and after its passage , and it is somordained . F ORDINANCE Title oa Date File day of ..,. 192�— City Secretary