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HomeMy WebLinkAboutOrdinance 2291 ORDINANCE NO. .�.,�, AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NEGOTIABLE COUPON BONDS OF THE GOVERNMENT OF THE CITY OF FORT WORTH, TEXAS, AMOUNTING TO THE PRINCIPAL SUM OF FIVE HUNDRED AND FORTY-SEVEN THOUSAND DOLLARS ($547,000.00), IN ADDITION TO THE SUM OF FIVE HUNDRED AND SIXTY-FIVE THOUSAND DOLLARS ($565,000.00) WORTH OF SAID BONDS HERETOFORE ISSUED OUT OF AN AUTHORIZED ISSUE OF ONE MILLION, ONE HUNDRED AND TWELVE THOUSAND DOLLARS ($1,112,- 000.00), AND BEING KNOW AS SERIES 69 AND DESIGNATED AS "STREET IMPROVEMENT BONDS," TO BE ISSUED FOR THE PURPOSE OF CONSTRUCT- ING, IMPROVING AND EXTENDING THE STREETS, THOROUGHFARES AND STORM SEWERS OF SAID CITY, INCLUDING IN SUCH PERMANENT IMPROVE- MENTS THE STRAIGHTENING, WIDENING, PAVING, GRADE SEPARATION, LIGHTING AND DRAINAGE OF SAID STREETS AND THOROUGHFARES FOR SAID CITY, EACH OF SAID BONDS TO BE IN THE DENOMINATION OF ONE THOUSAND DOLLARS ($1,000.00), TO BE DATED FEBRUARY 1, 1946, MATURING FROM ONE (1) TO TWENTY-FIVE (25) YEARS FROM THE DATE THEREOF, THE FIRST NINETY-THREE THOUSAND DOLLARS ($93,000.00) WORTH OF SAID BONDS TO BEAR INTEREST AT THE RATE OF FOUR PER CENT (4%) PER ANNUM, THE NEXT TWO HUNDRED AND FIFTY-THREE THOUSAND DOLLARS ($253,000.00) WORTH OF SAID BONDS TO BEAR IN- TEREST AT THE RATE OF ONE PER CENT (1%) PER AM=, AND THE RE- MAINING TWO HUNDRED AND ONE THOUSAND DOLLARS ($201,000.00) WORTH OF SAID BONDS TO BEAR INTEREST AT THE RATE OF ONE AND ONE- QUARTER PER CENT (1i%) PER ANNUM, SAID INTEREST BEING PAYABLE SEMI-ANNUALLY, THE INTEREST TO BE EXPRESSED IN COUPON NOTES AT- TACHED TO THE BONDS; DIRECTING THAT THE SAID BONDS BE EXECUTED BY THE MAYOR AND CITY SECRETARY; PROVIDING FOR AN ADEQUATE TAX LEVY FOR THE PAYMENT OF THE INTEREST ON SAID BONDS AND TO CREATE A SINKING FUND FOR THE PAYMENT OF THE PRINCIPAL THEREOF AS THE SAME MATURES FROM TIME TO TIME; AND PROVIDING THAT THIS ORDI- NANCE SHALL BE IN FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS PASSAGE. WHEREAS, on the 12th day of February, A. D. 1941, 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 Uth 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 quali- fied electors who own taxable property in the City of Fort Worth, Texas, and who have duly rendered the same for taxation, at an election to be held in said City on the 4th day of Marich, A. D. 1941, of the right, power and authority of the City Council of the City of Fort Worth, Texas, to issue ne- gotiable coupon bonds of the corporate government of said City in the princi- pal sum of One Million, One Hundred and Twelve Thousand Dollars ($1,112,000.00) for the purpose of constructing, improving and extending the streets, thorough- fares and storm sewers of said City, including in such permanent improvements the straightening, widening, paving, grade separation, lighting and drain— age of said streets and thoroughfares for said City; and, MERW, in conformity with said ordinance, the Mayor of said City did make proclamation of said election and fixed the date thereof for the 4th day of March, A. D. 1941; and, WHEPSAS, said election order and proclamation thereof were prepared and published in the manner and for the time prescribed in said ordinance; and, WHEREAS, on the 4th day of March, A. D. 1941, said election was held in the City of Fort Worth, Texas, at the respective polling places desig- nated 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 taxable property in the City of Fort Worth, Texas, and who have duly rendered the same for taxation; and, 11HF.BEAS, the official ballot on said occasion, in conformity with the ordinance of the City Council hereinabove mentioned and in accordance with the order of said election, in form and in substance reads as followst OFFICIAL BALLOT I. Shall the City of Fort Worth, Texas, through its City Council, issue its negotiable coupon bonds in the princi al sum of One Million, Two Hundred and Fifty Thousand Dollars ($1,250,000.00 for the purpose of establishing, equipping, extending and improving municipal airports and, landing fields for airplanes, aircraft and other aerial machines, and acquiring the neces— sary lands and property 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 in- tereat at a rate not to exceed four per cent (4%) per annum from the date thereof, payable semi—annually, and levy a sufficient tax to pay the inter— eat on said bonds and create a sinking fund sufficient to redeem said bonds at the maturity thereof? FOR the Issuance of- Airport Bonds. AGAINST the Issuance of Airport Bonds. - II. Shall the City of Fort Worth, Texas, through its City Council, issue its negotiable coupon bonds in the principal sum of One Million, One Hundred and Twelve Thousand Dollars (t1,112,000.00) for the purpose of constructing, Improving and extending the streets, thoroughfares and storm sewers of said City, including in such permanent improvements the straightening, widening, paving, grade separation, lighting and drainage of said streets and thorough- fares, 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 (l+%) 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, Texas, through its City Council, issue its negotiable coupon bonds in the principal sum of Three Hundred and Twenty Thousand Dollars ($320,000.00) for the purpose of constructing, building and equipping additional incinerators for said City and acquiring the neces- sary 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 inter- est at a rate not to exceed four per cent (/+%) per annum from the date there- of, 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, Texas, through its City Council, issue its negotiable coupon bonds in the principal sum of One Hundred and Sixty Thousand Dollars ($160,000.00) for the purpose of building, enlarging and improving the garages and repair shops of said City and acquiring the neces- sary 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 inter- est at a rate not to exceed four per cent (4%) per annum from the date there- of, payable seni-annually, and levy a sufficient tax to pay the interest on said bonds and create a sinking Rind sufficient to redeem said bonds at the maturity thereof? FOR the Issuance of Garage and Repair Shop Bonds. AGAINST the Issuance of Garage and Repair Shop Bonds. v. Shall the City of Fort Worth, Texas, through its City Council, issue its negotiable coupon bonds in the principal sum of One Hundred and Fifty- eight Thousand Dollars ($158,000.00) for the purpose of improving, extend- ing and enlarging the sanitary sewer system and 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 interest at a rate not to exceed 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 sinking fund sufficient to redeem said bonds at the maturity there- of? FOR the Issuance of Sanitary Sewer System and Sewage Disposal Plant Bonds. AGAINST the Issuance of Sanitary Sewer System and Sewage Disposal Plant Bonds.; and, WHEREAS, in the election held in said City of Fort f9orth, Texas, on the 4th day of lurch, A. D. 1941, on the question of the issuance of said bonds hereinbefore 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 electors who own taxable prop- erty 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 make same valid and binding obligations of the corporate government of the City of Fort Worth, Texas; and, WHEREAS, the City Council, in accordance with the power vested in said governing body, did lawfully pass and adopt an ordinance on the 26th day of March, A. D. 1941, authorising the issuance of negotiable coupon bonds of the government of the City of Fort Worth amounting to the principal sum of Three Hundred and Forty Thousand Dollars ($340,000.00); and, WHEREAS, the City Council, in accordance with the power vested in said governing body, did lawfully pass and adopt an ordinance on the 10th day of February, A. D. 1%3, authorizing the issuance of negotiable coupon bonds of the government of the City of Fort North amounting to the principal sum of Two Hundred and Twenty--five Thousand Dollars ($225,000.00); and WHEREAS, all of the above described bonds were issued out of an au- thorized issue of One Million, One Hundred and Twelve Thousand Dollars ($1,112,000.00) worth of said bonds, which bonds were authorized to be is- sued by the property taxpaying qualified voters of said City at an election held on the 4th day of March, A. D. 1941, and all of them being a part of and known as Series 69, and designated as "Street Improvement Bonds"; and, WHEREAS, 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 Five Hundred and Forty-seven Thousand Dollars ($547,000.00) worth of said bonds, in addition to the Five Hundred and Sixty-five Thousand Dollars ($565,000.00) worth of said bonds heretofore issued and sold out of the authorized issue of One Million, One Hundred and Twelve Thousand Dollars ($1,112,000.00), be issued in bonds at this time, said bonds to be issued being a part of Series 69 and designated as "Street Improvement Bonds"; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION I. That the municipal government of the City of Fort Worth, Texas, issue its corporate negotiable coupon bonds in the principal sum of Five Hundred and Forty-seven Thousand Dollars ($547,000.00), this amount being in addi- tion to the Three Hundred and Forty Thousand Dollars ($340,000.00) worth of said bonds heretofore issued.by an ordinance lawfully passed and adopted on the 26th day of March, A. D. 1941, and the Two Hundred and Twenty-five Thousand Dollars ($225,000.00) worth of said bonds heretofore issued by an ordinance lawfully passed and adopted on the 10th day of February, A. D. 1943. The said bonds above described were issued and sold out of an au- thorized issue of One Million, One Hundred and Twelve Thousand Dollars ($1,112,000.00), authorized to be issued at a proper election held on the 1Fth day of March, A. D. 1941, and which bonds are known as Series 69, and designated as "Street Improvement Bonds." That the bonds so to be issued shall be in the denomination of One Thousand Dollars ($1,000.00) each, dated February 1, 1946, the first Ninety-three Thousand Dollars ($93,000.00) worth of said bonds, maturing from 191.7 to 1951, inclusive, to bear inter- est at the rate of four per cent (4%) per annum, the next Two Hundred and Fifty-three Thousand Dollars ($253,000.00) worth of said bonds, maturing from 1952 to 1963, inclusive, to bear interest at the rate of one per cent (1%) per annum, and the remaining Two Hundred and One Thousand Dollars ($201,000.00) worth of said bonds, maturing from 1964 to 1971, inclusive, to bear interest at the rate of one and one-quarter per cent (1j%) per an- num, payable semi-annually on the first day of August and February 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, Texas, by the Mayor thereof, attested by its City Secretary, with the seal of the City tb[ereon duly impressed, but the interest coupons to be executed with the lithographed facsimile signatures of the Mayor and City Secretary of the City of Fort Worth, Texas. 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, so that the last maturing bond shall become payable within twenty--five (25) years from the date thereof, and the bonds-themselves, five hundred and forty- seven (547) in number, shall be numbered consecutively from five hundred and sixty-six (566) to one thousand, one hundred and twelve (1,112), in- clusive, and shall mature in the amount and manner hereinafter set out. Said bonds shall be issued for the purpose of constructing, improving and extending the streets, thoroughfares and storm sewers of said City, in- cluding in such permanent improvements the straightening, widening, paving, grade separation, lighting and drainage of said streets and thoroughfares for said City. That the genei-al form of said bonds and the coupons thereto annexed and the interest added to said bonds shall be executed substantially in the following form: NO. UNITED STATES OF AMERICA STATE OF TEXAS, COUNTY OF TARILW SERIFS 69 C I T Y O F F O R T W O R T H —oo0oa— Street Improvement Bond of the City of Fort Worth issued for the purpose of constructing, improving and extending the streets, thorough- fares and storm sewers of said City, including in such permanent improvements the straightening, widen- ing, paving, grade separation, lighting and drainage of said streets and thoroughfares. KNOW ALL MEN BY THESE PRESENTS: That the government of the City of Fort Worth, a municipal corporation duly created under the laws of the State of Texas, hereby acknoxledges .it- self to owe, and for value received promises to pay to bearer, ONE THOUSAND DOLLARS ($1,000.00) in lawful money of the United States of America, on the first day of Febru- ary, A. D. 19 _--, together with interest thereon at the rate of percentum ( %) per annum, payable semi-annually on the first day of August and February in each year, on presentation and sur- render 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, New York, 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 five hundred and forty-seven (547) bonds numbered consecutively from five hundred and sixty-six (566) to one thousand, one hundred and twelve (1,112), inclusive, in the denomination of One Thousand Dollars ($1,000.00) each, amounting in the aggregate to the sum of Five Hundred and Forty-seven Thousand Dollars ($547,000.00), issued for the purpose of constructing, improving and extending the streets, thoroughfares and storm sewers of said City, including in such permanent improvements the straightening, widening, paving, grade separation, light- ing and drainage of said streets and thoroughfares, 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 lawfully passed and adopted by the City Council of the City of Fort Worth, pursuant to valid authority from the property tax- paying qualified voters of said City, at a proper and legal election held on the 4th day of March, A. D. 1941. It is hereby further expresaly 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 Constitution and 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 per formed 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 principal and"interest of this bond at the respective maturity dates thereof, _ r . 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 WHEREOF, 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 imprdssed, and has caused the annexed interest coupons to be executed with the fac- simile signatures of the Mayor and City Secretary, and has caused this bond to be dated as the first day of February, A. D. 1946. CITY OF FORT WORTH, TEXAS BY Mayor ATTEST: City Secretary SECTION II. That the said bonds so to be issued by the City of Fort Worth, amount- ing to Five Hundred and Forty-seven Thousand Dollars ($547,000.00), in addi- tion to the sum of Five Hundred and Sixty-five Thousand Dollars ($565,000.00) worth of said bonds heretofore issued out of the said authorized issue of One Million, One Hundred and Twelve Thousand Dollars ($1,112,000.00), shall be issued for the purpose of constructing, improving and extending the streets, thoroughfares and storm sewers of said City, including in such permanent improvements the straightening, widening, paving, grade separation, lighting and drainage of said streets and thoroughfares for said City, and shall consist of five hundred and forty-seven (547) bonds numbered from five hundred and sixty-six (566) to one thousand, one hundred and twelve (1,112), inclusive, and the first Ninety-three Thousand Dollars ($93,000.00) worth of said bonds, maturing from 1947 to 1951, inclusive, shall bear in- terest at the rate of four per cent (4%) per annum,, the next Two Hundred and Fifty-three Thousand Dollars ($253,000.00) worth of said bonds, matur- ing from 1952 to 1963, inclusive, shall beast interest at the rate of one per cent (1%) per arum, and the remaining Two Hundred and One Thousand Dol- lars ($201,000.00) worth of said bonds, maturing from 1964 to 1971, inclusive, shall bear interest at the rate of one and one-quarter per cent (1j%) per annum, payable semi-annually as aforesaid, all of which said five hundred and forty-seven (547) bonds shall be known as Series 69 and shall be otyled and designated as "Street Improvement Bondst'; and that all of the said bonds, comprising the sum total of Five Hundred and Forty-seven Thousand Dollars ($547,000.00), shall mature in numerical order in the manner and amounts as set out in the tabulated statement herewith attached, to wit: SECTION III. That the said bonds are hereby authorized to be sold to the beat ad- vantage, 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 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 paying the interest of said bonds, as well as the various installments of principal, as the same shall respectively mature, there is hereby levied for the year 1946 and for each succeeding year thereafter so long as the same may be necessary, to provide for the interest and annual installments of principal of said bonds, on all prop- erty in the City of Fort Worth, Texas, liable to taxation, a straight ad valorem tax of 1.6037 cents on the one hundred dollar valuation of said property, or so much thereof as may be necessary, and if at any time the amount of said tax shall not be sufficient to provide for the interest and annual installments of principal, it shall be the duty of the City Council to so increase said rate that an amount shall be realized from said tax suf- ficient to meet the requirements aforesaid for interest and annual install- ments of principal of said bonds; and it is hereby promised and agreed that such increase of tax shall be made, if required for-the purposes named, as often as it may be necessary. There shall be assessed and collected an- nually a sufficient sum to pay the interest on such bonds and to create a sinking fund of at least two percentum (2%) of the principal debt herein authorized. 4 SECTION V. That it shall be the duty of the City Council of the City of Fort Worth, Texas, and its successors, and of the government of the City of Fort Worth, in levying tames for general purposes for the said City for the year 1946 and for every successive year during the life of said bonded indebted- ness or any part thereof, to include in such levy the special tax of 1.6097 cents on the one hundred dollar property valuation (or so much thereof as may be requisite and necessary), provided for in the next preceding section of this ordinance, and said special tax shall on no account whatever be dis- placed 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 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 speci- fied 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 sub- mitted to the Attorney General of the State of Texas, together with a cer- tified copy of this ordinance and a statement of the total bonded indebted- ness of the City of Fort Worth, including the bonds herein and hereby au- thorized and the assessed value of the taxable property in said City, for his approval, and none of said bonds shall be negotiated, sold or trans- ferred 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 VIII. That the City Treasurer of the City of Fort Worth, or other lawful custodian of such fund, during the months of July and January 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 I%. That all ordinances and parts of ordinances in conflict herewith be and they are hereby expressly repealed. SECTION %. That the holding or adjudication of any section, portion or part here- of 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 full force and effect from and after the date of its passage, and t i so Awdained. ATTEST: Mayor of the City of Fort (forth, Texas City Secretary of the City of Fort Worth, Texas APPROVED AS TO FORM AND LEGALITY: 0 City Attorney of the City of Fort Worth, Texas CITY OF FORT WORTH PRINCIPAL MATURITIES $547,000.00 STREET IMPROVEMENT BONDS DATED FEBRUARY 1, 1946 DUE FEBRUARY 1ST PRINCIPAL MATURING 1947 $18,000.00 1948 180000.00 1949 19,000.00 1950 19,000.00 1951 19,000.00 1952 19,000.00 1953 20,000.00 1954 20,000.00 1955 20,000.00 1956 21,000.00 1957 21,000.00 1958 21,000.00 1959 22,000.00 1960 22,000.00 1961 22,000.00 1962 22,000.00 1963 23,000.00 1964 23,000.00 1965 24,000.00 1966 25,000.00 1967 25,000.00 1968 25,000.00 1969 26,000.00 1970 26,000.00 1971 27,000.00 (FORM OF COUPON NOTE) The City of Fort Worth, in the State of Texas, promises to pay to Bearer 4 ___ ) on the 1st day of , 19 , at the Central Hanover Bank and Trust Com— pany-, in the City of New York, New York, for interest due that day on its Street Improvement Bond, Series 69, dated February 1, 1946, and numbered • CITY OF FORT WORTH, TEXAS BY Mlayor ATTEST: NO. City Secretary (CERTIFICATE OF COMPTROLLER) OFFICE OF COMPTROLLER, STATE OF TEXAS. I do 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. 19 Comptroller of Public Accounts of the State of Texas ORDINANCE No. Title? `°r _"�.0 1� i F� -V 5.. Filed ' , day of City SecretaFy .