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HomeMy WebLinkAboutOrdinance 1671 ' t 1 The City Council of the City of Fort Worth met in regalar session in the Council Chamber at the City Hall at nine- thirty o'clock A. M. , Wednesday, the 7th day of May, A. D. 1930, and upon roll call the following were present: Wm. Bryce, ~ Mayor, Dr. W. R. Thompson, Willard Burton, Van Zandt 'Jarvis, Wm. Monnig, E. T. Renfro, A. E. Thomas, J. R. Penn, and John Davis, Councilmen, constituting a majority and quorum of the membership of the said board, and I. L. Van Zandt, Jr., City Secretary-Treasurer, was in attendance at said meeting, and the following proceedings among other things were had and done: Councilman Jarvis, seconded by Councilman Thompson, moved the adoption of the following ordinance: ORDINANCE NO. 1671. AN ORDINANCE PROVIDING FOR THE ISSUANCE OF NEGO- TIABLE COUPON BONDS OF THE GOVERNMENT OF TEE CITY OF FORT WORTH, AMOUNTING TO THE PRINCIPAL SUM OF TWO HUNDRED AND FIFTY THOUSAND ($250,000.00) DOLLARS, IN ADDITION TO THE SUM OF TWO HUNDRED AND FIFTY THOUSAND (0250,000.00) DOLLARS WORTH OF SAID BONDS HERETOFORE ISSUED OUT OF AN AUTHORIZED ISSUE OF FIVE HUNDRED THOUSAND ($500,000.00) DOLLARS, AND BEING KNOWN AS SERIES 57, AND DESIGNATED AS "FIRE PROTECTION BONDS", TO BE ISSUED FOR THE PURPOSE OF IMPROVING AND EXTENDING THE SYSTEM OF FIRE PROTECTION OF SAID CITY; EACH OF SAID BONDS TO BE IN THE EE- NOMINATION OF ONE THOUSAND ($1,000.001. DOLLARS, TO BE DATED JUNE 1, 1930, MATURING FROM FIVE TO FORTY YEARS FROM THE dATE THEREOF, AND TO BEAR INTEREST AT THE RATE OF FOUR AND ONE-HALF PERCENT (4 ) PER ANNUM, AYABLE SEMI-ANNUALLY, THE INTEREST TO BE EXPRESSED IN COUPON NOTES ATTACHED TO THE BONDS, DIRECTING THAT THE SAID BONDS BE EXECUTED BY THE MAYOR AND CITY SECRETARY-TREASURER, AND 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 ORDINANCE SHALL BE IN FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS PA SSAGE. WHEREAS, on the 92nd day of may, A. D. 1929, 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 Decmmber, 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 tax paying qualified voters of said City, at an election to be held in said City on the 25th day of June, A. D. 1929, of the right, power and authority of the City Council of said City to issue nego- tiable coupon bonds of the corporate government of said City in the principal sum of Five Hundred Thousand Dollars ($500,000.00), for the purpose of improving and extending the system of fire protection of said City by constructing, build- ing and equipping a new central fire station, acquiring the necessary land therefor, and extending and improving the fire alarm signal system; and WHEREAS, in conformity with the said resolution and ordinance, the Mayor of said City did make proclamation of said election, and fixed the date thereof for the 25th day of June, A. D. 1929; and WHEREAS, said election order and proclamation thereof was prepared and published in the manner and for the time pres- cribed in said resolution and ordinance; and WHEREAS, on the 25th day of June, A. D. 1929, said election was held in the City of Fort worth at the respective polling places designated in the election order, at which said election the issuance of said bonds was submitted as a proposition to the tax paying qualified voters of said City; and WHEREAS, the official ballot on such occasion, in con- formity with the resolution and ordinance of the City Council, hereinabove mentioned, and in accordance with the order of said election, in form and in substance reads as follows: OFFICIAL BALLOT I. Shall the City of Fort Worth; through its City Council, issue its negotiable coupon bonde running from five (5) tq. forty. (40) .$,ears, in the principal sum of; Two million ($2,000,000.00) Dollars, for the purpose of constructing, improving and extendilg the streets, thoroughfares and, 'storm sewers of said City, includ- ing in such permanent ir;provements the straightening, widening-, paving, grade separation and, drainage of said. streets and thorough- fares; the first of said bonds being payable at the expiration of five (5) years from the date thereof, and serially thereafter ae may be determined by the said City Council, so that, the last matur- ing bonds shall become payable within forty (40) years from the date thereof, gearing interest at a rate not to exceed five i%) per cent' per annum from the date thereof,, payable semi-annually, and levy a duffi.cient tax to pay the interest on`' said bonds and create a sinking fund sufficient to redeem said bonds at the ma- turity th@.reo;? rOR the Ispuance of Street Improvement Bonds. AGAINS'x'z;�hoL.1ssuance of Street Improvement Bonds. Shall the; Oity•.pf Fort Worth•, through its City Council, issue itp"negoti�at7lp: : ottpgn-bonds running:frdm five '( j to forty- (40) ears, �ni.the' prik�ripal_sum of Five Hundred Thousand (0500,�- 000 A) bollarej forjtherpurpose of imptoving and extending t$e' system of fire;.pxt� Set�Ap�gf said City'by constructing, building and equipping a nev ,eeical fire station, acquiring the necessary land therefor, snd, extending; and improving the fire alarm signal system, the first of -val4ibonds being payable at the expiration of five (5) years from the;;date theregf, ,and serially thereafter as may be det°ermined.by Ahe; said City Council, so :that the last maturing bonds shall beoo.me: payable within,forty (40) years from the date thereof,. bearing> interest at a rate not to .exceed five (5%) per cent per annuj.jk.from the date thereof, payable semi-ark- nual�ly, 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 issuanpe of nrp,,•Protection Bonds. AGAINST the -Ispuanoe of Fire Protection Bonds. IM Shall the City of .. Art, Worth, Ahrough its City Council, issue its negotiable ooup m kbonds running.from five ('5)' to- forty (401 }►pars, i.n the prinpi.paZ sum of Five Hundred Thousand ($500, 000.-00) Doll,ar@,.. for the purpose of establishing, equipping, ex- tending and improving a muni,Clpal airport: and landing field for aeroplanes and other aerial machines and acquiripg the necessary lands and property therefor,, the .first of safd bonds being pay- able at the expiratriori of five (5) years- 1rp% ihe,.date thereof, and serially thereafter as may be determi.ne. d,by -the said City Council., Sao that the last maturing bonds -shall become payable within. fatty (40) years from the -date the.reof, bearing interest at a rate pot to exceed five ,(5fa) per cent, pe.r. antrum from the date .hereof,= ,payable semi-annually, and.levy la suffioient tax, to pay the interest on said bonds and create a sinking: fund sufficient to redeem said bonds at the vaturity thereof? FOR the Issuance of Airpart• $onde.-.. AGAINST the Issuance of: A4ppxt.' Sonds. WHEREAS, in the election held in said City of Fort Worth on the 25th day of June, A. D. 1929, 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 voters to issue said bonds for the purposes afore- mentioned, and to make same valid and binding obligations of the corporate government of the City of Fort worth; and WHEREAS, 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. 1929, 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 Dollars (;250,000.00), all of said bonds being issued out of the said authorized issue of Five Hundred Thousand Dollars ($500,000.00) worth of said bonds authorized by the prop- erty tax paying qualified voters of said City at the said election held on the 25th day of June, A. D. 1929, and being known as Series 57 and designated as "Fire Protection Bonds"; and WHEREAS, it is deemed wise and expedient by the City Council of the City of Fort north in the exercise of the discretion reposed in it by law, that Two Hundred and Fifty Thousand Dollars ($250,000.00) worth of said bonds, in addi- tion to the Two Hundred and Fifty Thousand Dollars ($250,000.00) worth of said bonds heretofore issued out of the issue of Five Hundred Thousand Dollars ($500,000.00) worth of said bonds, be issued in bonds at this time, said bonds to be issued being a part of Series 57 and designated as "Fire Protection Bonds"; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: 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 Constitution of the state of Texas, and pursuant to a vote of the resident property tax paying voters of the City of Fort Worth, at an election held in said City for such purpose on the 25th day of June, A. D. 1929, that the municipal government of the City of Fort worth issue its corporate negotiable coupon bonds in the principal sum of Two Hundred and Fifty Thousand Dollars ($250,000.00), this amount being in addition to the Two Hundred and Fifty Thousand Dollars ($250,000.00) 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 all of said bonds being out of an authorized issue at said election of Five Hundred Thousand Dollars ($500,000.00), a nd which author- ized issue is known as Series 57 and designated as "Fire Pro- tection Bonds", and the bonds so to be issued shall be in the denomination of One Thousand Dollars (V1,000.00) each, dated June 1, 1930, bearing interest at the rate of four and one- half percent (4j%) per annum, payable semi-annually on the 1st day of December and June 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 Ci�/P. Fort worth by the Mayor thereof, attested by its City secretary-Treasurer, with the seal of the City thereon duly impressed, but the interest coupons to be executed with the lithographed facsimile signa- ture of the Mayor and City secretary-Treasurer 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 years from the date thereof and annually thereafter until the last maturing bond shall become payable within forty years from the date thereof, and the bonds themselves, Two Hundred and Fifty (250) in number, shall be numbered consecutively from Two Hundred and Fifty One (251) to Five Hundred (500) inclusive, and shall mature in the amount and manner hereinafter set out, said bonds shall be used for the purpose of improving and extending the system of fire protection of said City by constructing, building and equipping a new central fire station, acquiring the necessary land therefor, and extending and improving the fire alarm signal system. 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: NO. UNITED STATED $1000 OF AMERICA STATE OF TEXAS, COUNTY OF TARRANT SERIES C I T Y O F F. 0 R T W 0 R T H ---0000000=-- Bond of the City of Fort Worth issued for the purpose. of 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 acknowledges itself to owe, and for value received promises to pay, to bearer, ONE THOUSAND DOLLARS (�1000) in lawful money of the United Stated of America, on the together with interest thereon at the rate of per centum per annum payable semi-annually on the lst day of and 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 Hanover National Bank, in New York City, N. 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 irrevocably pledged. This bond is one of a series of bonds numbered consecutively from to inclusive, each of the denomination of One Thousand Dollars ($1,000.00), amounting in the ag- gregate to the sum of issued for the purpose of udder and by virtue of the Constitution and haws of the State of Texas, the Charter of the City of Fort Vlorth, and ap ordinance of the City Council of the City lawfully pass- ed and adopted on the , pursuant to valid authority from the property tax paying qualified voters of said City, at a proper and legal election held on the ber, A. It is hereby further expressly represented, re- cited 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 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 man- ner 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, 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 staturoty limitation. IN TESTIMONY WFIEREOF, the City of Fort Worth, in the State of Texas, has executed this bond by causing it to bd s1thad by its Mayor and attested by the City Secretary- ��- with the seal of the City thereuhto duly impressed, c and has caused the annexed interest coupons to be executed with the facsimile signature of the Mayor and City Secre- tary-Treasurer, and dated as the 1st day of CITY OF FORT WORTH, TEXAS M&yor ATTEST: y ecre a y-,Treasurer, (FORM OF COUPON NOTE) SERIES NO. The City of Fort Worth, in the State of Texas, promises to pay to bearer on the 1st day of , at the Hanover National Bank in the City of New York, N. Y., for interest due that day on its municipal bonded dated and numbered CITY OF FORT VVORTH, TEXAS Mayor ATTEST: City. eerc ary-Treasurer. SECTION II. That the said bonds so to be issued by the City of Fort worth, amounting to Two Hundred and Fifty Thousand Dollars (0250,000.00) out of the said authorized issue of Five Hundred Thousand Dollars ($500,000.00), shall be issued for the purpose of improving and extending the system of fire protection of said City by constructing, building and equipping a new central fire station, acquiring the necessary land therefor, and extend- ing and improving the fire alarm signal system of said City and shall consist of Two Hundred and Fifty bonds, numbered from Two Hundred and Fifty One (251) to Five Hundred (500) inclusive, and shall bear interest at the rate of four and one-half percent (4),'-96) per annum, payable semi-annually as aforesaid, all of which said Two Hundred and Fifty (250) bonds shall be known as Series 57 and shall be styled and designated as "Fire Protection Bonds"; that all of the said bonds, comprising the sum total of Two Hundred and Fifty Thousand Dollars ($250,000.00) shall mature in numerical order in the manner and amounts as set out in the tabulated statement herewith attached, to-wit: CITY OF FORT WORTH PRINCIPAL MATURITIES $250,000.00 FIRE PROTECTION BONDS DATED JUNE 1ST, 1930 DUE JUNE 1ST PRINCIPAL MATURING 1935 5,000.00 36 5,000.00 37 5,000.00 38 5,000.00 39 5,000.00 1940 5,000.00 41 5,000.00 42 5,000.00 43 5,000.00 44 5,000.00 45 5,000.00 46 5,000.00 47 5,000.00 48 5,000.00 49 5,000.00 1950 7,000.00 51 7,000.00 52 7,000.00 53 7,000.00 54 7,000.00 55 7,000.00 56 7,000.00 57 7,000.00 58 7,000.00 59 7,000.00 1960 7,000.00 61 7,000.00 62 7,000.00 63 7,000.00 64 11,000.00 65 11,000.00 66 11,000.00 67 11,000.00 68 11,000.00 69 11,000.00 1970 11,000.00 .3SCiTIOb III. That the said bonds are hereby authorized to be sold to the best adv"ntage, taut in no event shall same be sold for less then ppr, an,d the accrued interest to the time of delivery and the prooeeds thereof, to be planed in the treasury of the City of Fort ►orth and utilised for the special purposes for which they are *,,sated. SICTION IV. That for the purpose of *mating a sinking fund for the payment and aeoplete extinguishment of the forsgaing bonded debt,, principal and interest, and all and emery part of some, there is hereby levied and there shall be assessed and collected as provided by law, set apart and approprlAted for the said purpose, an annual, direct special ad valerei tax for the year 1930, and overry suamasive year thereafter deering the life of said bonded debt or any part thereof of .91 cents (or such an amount as may be necossary and adequete, be it more or loss) on every One HoWhoed (#IOD.00) Dollars of property valuations, real,, poirso"l and mixed, subject to taxation and, not exempt therefrom under the Constitution and law of the State of Texas, situated and owed in the City of Fort north on the let day of January 19301, and on the lot day of aamsiary of each year those' sfter until said debt represented by said bonds and coupon Interest notes shall have been fully paid, and if, at s►rW time, such tax should be insufficient, than it shall be the duty of the City Council or any other govornir43 body of the laity of Fort Worth, to set apart Find appropristo such additional assonant of money out of the general revenues of the said City, as mtq be requisite to oWly the dofioiouay vatil all interest shall have been paid and the sinking fined establiahod as required by the Constitution of the state of Texas and the Charter of the City of Dirt Worth. 8=101 V. n.nt it shall be the daty of the "My Counail of the City of Port wovrth Fmd its sueoessore, and of the went of the City' Of -Fart north, by 1OV7ing taxes for gexar ]. porpo*es for the said city of Fort worth for the year bM, and for every sueeessive year during the life of said bonded debt or any pert thereof, to include in such levy the special tax of .01 *onto on the one Hw3dred (9100.00) Dollars property valuation (or so mEtah thereof as may bo roquisito and nosessary) provided for in the next preoodxnd seettion of this ordinance, and such special tax shall on no seaount Whatsoever be dis- plaeed tharef rom6 Thot the speolal tam hereinbefofr provided for, when "lleetted, shall be plaeod and kept Im a separate f nA and shall be devoted to the payment of the interest and the eatingtiishmnt of the principal of all and singorinr the bonds hereinabove men- tioned as same mature Mmm time to time, ,and shall not be used, applied or diverted to aqy other pwnwo se or ob jest %%atsotvor; and the fumds derived from said tax shall be hold and listed as a separate aa"mt an the books of said City, and the prooemb held and kept by the City Treasurer of *aid airy as a separate and distinot aoeount and so specified as male on his books. ;MTIC» VIZ. That as soon as eonvenient after said bonds shall have been prepared and sib in the mawwr presoribed by the* ordinance, they *ball bo sulmitted to tho rttorne,; General of the ,..Ate of Te►xrrh, together with P eertified oepy of this asrdinanee and a statement of the total bonded Indebtedness of the City of Fort worth, including the bonds herein and hereby ahthorised and the assessed value of the taxable property in said City, for his approval, and none of said bonds shall be negotioted, sold or transferred w*11 the some shall have rooeived the official sanction of the said ,-attorney General as preseribod by law, and thereafter said bonds shall be placed with the State Comptroller of Public Accounts for registration. SECTION VIII. That the City Secretary-Treasurer of the City of Fort worth, or other lawful custodian of such fund, during the months of November and May 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 'lust Company of the City of New York, State of New York, a nd 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 X. 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, pprtions and parts hereof shall be and remain valid. SECTION XI. That this ordinance shall take effect and be in full force and effect from and after the date of its passage and it is so ordained. Mayor William Bryce, presiding at said meeting, submitted the motion to adopt said ordinance and all of the Councilmen, including the Mayor, voted "Aye" thereon and none voted "No", and the motion to adopt the ordinance was declared to be unanimously passed and adopted. THE STATE OF TEXAS COUNTY OF TARRANT $ I, I. L. Van Zandt, Jr., City secretary-Treasurer of the City of Fort worth, do hereby certify that the above and foregoing ordinance is a true and correct copy of Ordinance No. 1671, and that same was unanimously passed and adopted by the City Council of the City of Fort worth, Texas, at a regular meeting held in the Council Chambers at the City Ball on wednesday, the 7th day of May, A. D. 1930. WITNESS my hand at Fort worth, Texas, this the day of May, A. D. 1930. City secretary-Treasurer. r THE STATE OF TEXAS � COUNTY OF TARRANT CITY OF FORK' WORTH � WHIMS, the resident, qualified, tax paying voters of the City of Fort Worth, Texas, at an eleetien duly and regularly held in said City on the 25th day of J°ms, A. D. 1929, authorised the issuance, among other bonds, of Fire Mmdred Thousand Dollars (S600,000.00) worth of ne- gotiable bonds of the City of Fort Worth, Texas, for the purpose of improving and extending the system of fire pro- teetion of said City, and being known as series No. 67 and designated as "'Fine Protection Bonds", and CAB, on the 23rd day of October, A„ D. 1929, Ordinance No. 1630 was duly passed and adopted by the City Council of the City of Fort worth, which ordinance was amended by an ordinance passed and adopted on the 4th day of December, A. D. 1929, authorising the issuance of Two HwAred and Fifty Thousand Dollars ($280,000.00) worth of negotiable coupon bonds of the City of Fort worth out of series No. 57, NOW, TH ORB; I, I. L. 9an Zandt, Jr., Secretary- Treasurer of the City of Fort Worth, Texas, do hereby ear- tify that the City of Fort worth has not either by ordinance or otherwise issued or authorised to be issued =W bonds out of series No. 87 except those bonds described in Ordinance No. 1630 passed and adopted by the City Council on Wednesday the 23rd day of October A. D. 1929, which ordinance was amended by an ordinance passed and adopted on the 4th day of December, A. D. 1929, and Ordinance No. 1671 passed and adopted by the City Coameil on Wednesday the 7th day of Nay, A. D. 1930. IN TESTIMONY WMMOF I have hereunto signed my name offioially and caused to be imp"ased hereon the seal of the City of Fort worth, Texas, at my office in said City this the 29th day of May, A. D. 1930. asurer of flio My Of Fort worth, Texas. a ORDINANCE lr �� 1 Date----- . 1 . City Secretary