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HomeMy WebLinkAboutOrdinance 1710 The City Council of the City of Fort Worth met in regular session in the Council Chamber st the City Hall at nine-thirty o'clock A. M., Wednesday, the 27at day of January, A. D. 1931, and upon roll call the following were present: Im. Bryce, Nayor, Willard Burton, Tohn B. Davis, Van Zandt Tarvis, Wm. Monnig, T. R. Penn, E. T. Renfro, A. E. Thomas and Dr. W. R. Thompson, Councilman, constituting the en- tire membership of said Board, and I. L. Van Zandt, Tr., City Secretary- Treasurer, was in attendance at said meeting, and the following pro- ceeding® among other things were had and done: Councilman Burton, seconded by Councilman Thomas, moved the adoption of the following ordinance: ORDINANCE No. 1710 AN ORDINANCE PROVIDING FOR TIM ISSUANCE OF NEGOTIABLE COUPON BONDS OF THE CITY OF FORT WORT$, AMOU=ZG TO THE PRINCIPAL SUM OF SIX HUNDRED THOUSAND (600,000.00) DOL- LARS, IN ADDITION TO THE SUM OF EIGHT UUIDBID THOUSAND (800,000.00) DOLLARS WORTH OF SAID BONDS ITT OFOIE. IS- SUED OUT OF AN AUTHORIZED ISSUE OF TWO MILLION (2,000,- 000.00) DOLLARS, AND BE12SG KUOWN AS MIESS 56 AND MSIGNLT- ED AS "STREET ELTROVMMiT BONDS-, TO BE ISSUED FOR THE PURPOSE OF MLKING PMIANENT IMOV JTS BY CONSTRUCTING, DMOVING AND EXTENDING THE Sr �+'TS, T11OROUG1-7ARES AND STOFM MERS OF SAID CITY, EACH OF SAID BONDS TO BE IN THE DEU M IATION OF ONE ITIMSAND (1,000.00) DOLLARS, TO IF; DATED FEBRUARY 1, 1931, MA'I'U=G FROM FIVE TO FORTY MARS FROM THE DATE `IIMEOF, AND TO BEAR IMFi 0EST AT THE RATE OF FOUR AMID ONE-HALF (4,J) PER CENT PER ANNM, PAYA= MI-ANNUALLY, THE INTEREST TO BE MCERESSID IN COUPON NOTES ATTACM TO THE BONDS, DIRECTING THAT THE SAID BONDS BE EXECUTED BY TEE BIAYOR AND CITY 3ECR�RY-TREASURER; AND PROVIDING FOR AU ADEQUATE TAX LEVY FOR TIN PAM= OF TI'M n=MST ON SAID BONDS AND TO MATE A SINKIMIG FUND FOR M PAn= OF TnE PRINCIPAL TFMMOF AS THE SALM I:ATUItES FROM TIES TO Tn1Z; AND PROVIDING THAT TRIS ORDINANCE MALL BE IN FORCE AND EFFECT FROM: AND AFTER THE DATE OF ITS PASS- AM. WHEREAS, on the 22nd day of May, A. D. 1929, pursuant to the authority vented in said City by Section 19 of (chapter XIV of the Charter of the City of Fort Wmwth, adopted by the quali.fisd voters with- in the limits of said City on the llth day of December, A. A. 1924, and Y 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. 85th day of June, A. D. 1929, of the right, power and authority of the City Council of said City to issue negotiable coupon bonds of the corporate government of said City in the principal sum of Two Million (2,000,000.00) Dollars, for the purpose of making permanent improvements in said City by constructing, improving and extending the streets, thoroughfares and atom sewers of the said City, and to include in such permanent improvements the widening, paving, grade separation, bridges and drainage; and, WREPYBS, in conformity with the said resolution and ordin- ance, the Mayor of said City did make pmclamation of said election, and fixed the date thereof for the 25th day of Tune, A. II. 1929; and XEREAS, said election order and proclamation thereof was prepared and published in the manner and for the time prescribed in said resolution and ordinance; and WZ i10, on the 25th day of June, A. D. 1929, said election was held in the City of Fort Worth at the respective polling places de- signated in the election ordeg, at which said election the iasnance of said bonds was submitted as a proposition to the tax paying qualified voters of said City; and W1MFCE.BS, the official ballot on such occaslen, in conformity with the resolution and ordinance of this City Gounoil, hsreiitabove men- tioned, and in accordance with the order of said election in form and in substance reads as follows: 3 OFFICIAL BALLOT 1. Shall the City of Fort Worth, through its City Council, issue its negotiable coupon bonus running from, five (5) to forty (40) years, in the principal sum of Two Million (2,000,000.00) Dollars, for the purpose of constructing, 1uproving and extending the streets, thoxou,gbfares and storm sewers of said City, including in such perman- ent improvements the straightening, widening, paving, grade separation and drainage of said streets and thoroughfares, the first of said bonds being payable at the expiration of five (5) years from the date there- of, and serially thereafter as may be determined by the said City coun- cil, 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 (5) per cent 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 Street Improvement Bonds. ACAn= the Issuance of Street Improvement Bonds. II. Shall the City of Fort forth, through its City CouAcil� issue its negotiable coupon bonds running from five (5) to forty (40) years, in the principal sum of live Hundred Thousand (500,000.00) Dollars, for the purpose of improving and extending the system of fire protection of said City by constructing, imUlding and equipping a now central fire station, acquiring the necessary land therefor, and ex- tending and improving the fire alarms signal system, the first of said bonus being payable at the expiration of five f-6) ars 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 (5) per cent per ann= from the date thereof, payable semi.-annually, and levy a sufficient tax to pay the interest oa said bonds and create a sinking fund sufficient to redeem said bonds at the maturity thereof? FOR the Issuance of Fire Protection Bonds. AGAINST the Issuance of Fire Protection Bonds. III. Shall the City of Fort Korth, through its City Oouncil, issue its negotiable coupon bands running from five (5) to forty (40) years, in the principal sum of Five Hundred Thousand (500,000.00) Dollars, for the purpose of establishing, equipping., extending and impxoyiug a municipal airport and landing field for aeroplanes and other aerial machines and acquiring the necessary lands and property therefor, the first of said bonds being payable at the expiration of five (5) years frays the date thereof, ar3 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 (5) par cent per ann= 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 t6 redeem said bonds at the maturity thereof? FOR the Issuance of Airport Bonds. AGLUMT the Issuance of Airport Bonds. o i •' . J • s SAS, in the election held in said City of Fort Worth on the 25th flay 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 VEWWAS, by virtue of said eleetion, 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 same valid and binding obligations of the corporate government of the City of Fort forth; and VEMREAS, the City Council, in accordance with the power vest- ed in said governing body set forth in the pieceding 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 oidinance passed and adopted on the 4th flay of December, A. D. 1929, authorizing the issuance of negotiable coupon bonds of the Sover3aent of the City of Fort Worth, amounting to the principal sum of One Hundred and Pifty Thousand (150,000.00) Dollars, said bonds being issued out of the said autherized issue of Two Million (2,000,- 000.00) Dollars worth of said bonds authorized by the property tax paying qualified voters of said City at the said election held on the 25th day of Tune, A. D. 1929, and being known as Series 56 and designated as "Street Improvement Bonds"; and WIMM&S, the said City Council, pursuant to the power vested in said governing body, did lawfully pass and adopt an ordinance on the 7th day of May, A. A. 1930, authorizing the issuance of negotiable coupon bonds amount- ing to the principal sum of Six Ihmdred and Fifty Thousand (650,000.00) Dollars, in addition to the One Hundred and Fifty Thousand (150,000.00) Do1- lays worth of said bonds heretofore issued by authority of an ordinanco lawfully passed and adopted 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, all of said bonds being issued out of the said authorized issue of Two Million (2,000,000.00) Dollars worth of said bonds authorized by the property tax paying qualified voters of said City at the said election held on the 25th day of June, 1. D. 1929, z and being known as Series 56 and designated as "Street Improvement Bonds"; and SAS, it is deemed wise and expedient by the City Coun- oil of the City of Fort Worth, in the exercise of the discretion reposed in it by law, that Six Hundred Thousand (600,000.00) Dollars worth of said bonds, in addition to the Sight Hundred Thousand (800,000,00) Dollars worth of said bonds heretofore issued out of the authorized issue of Two Million (2,000,000.00) Dollars worth of said bonds, be issued in bonds at this time, said bonds to be issued being a part of Series 56 and designat- ed as "Street Improvement Bonds"; NOW, TOMMFORE, BE IT ORDAn= BY TIC CITY COUNCIL OF TIC CITY OF FORT WORTEI: 33CTION I. That pursuant to election 19 of Chapter XXY of the Charter of the City of Fort Worth, adopted by the qualified voters within the corporate limits of said City on the 11th 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 muhieipal goverment of the City of Fort Worth issue its oorporate. negotiable coupon bonds in the principal sum of Six Hundred Thousand (600,000.00) Dollars, this amount being in addition to the One Hundred and Fifty Thousand Dollars (150,000600) Dollars worth of said bonds heretofore issued, by an ordinance lawfully passed and adopted on the 25rd 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 also in addition to Six Hundred and Fifty Thousand (650,000,00) Dollars worth of said bonds heretofore issued by an ordinance lawfully passed and adopted on the 7th day of Dray, A. D. 1930, pursuant to valid authority from the tax paying qualified voters of said City, at a proper election held on the E5th day of Tune, A. D. 1929, and all of said bonds being issued out of an authorized issue at said election of Two Million (2,000,000.00) Dollars, and which authorised issue is known as Series 56 and designated as "Street IwDrovement Bonds", and the bonds so to be issued shall be in the'denomination of One Thousand (1,000.00) Dollars each, dated February 1, 1931, bearing interest at the rate of four and one-half (44) per cent per anaum, payable seam-annually on the lst day of August and February of each year respectively, bath 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-Treasurer, with the seal of the City thereon duly impressed, but the interest coupons to be executed with the lithographed facsimile signature of the Mayer and City Secretary-Treesurer 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 there- after until the last maturing bond shall become payable within forty years from the date thereof, and the bonds themselves, six hundred (600) in number, shall be numbered consecutively from eight hundred and one (801) to fourteen hundred (1400) inclusive, and shall mature in the amount and manner hereinafter set out, said bonds stall be used for the purpose of making permanent improvements by constructing, extending and improving the streets, thoroughfares and. sto= sewers of said City. That the general foim of said bonds and the coupons thereto annexed and the interest added to said bonds stall be executed substantially in the following form; PT4a UNITED STATES $1000. OF AP5MCA STATE OF TEXAS, COUNTY OF TAT ANT SERIES 56 CITY OF FORT WORTH ---0000000- Street Improvement Bond of the City of Fort Worth issued for the purpose of making permanent improvemnts by construct- ing, improving and extending the streets, thoroul§h- fares and storm sewers of said City. KNOT ALL MEN BY TIOSE PRESENTS: That the government of the City of Fort Worth, a municip41 corporation, daly created under the laws of the State of Texas, hereby acknowledges itself to owe, and for value received promises to pay to bearer, ONP THOUSAND DOLLARS ($1000) in lawful money of the United States of America, on the let day of Feb- ruary, A. D. 1936, together with interest thereon at the rate of four and one-half Dbj+"Oentum (4 ) per amnum, payable semi-annually on the first day of August and February in each year, on presentation and surrender of the annexed interest coupons, as tiny severally fall due. Both the princilmd and interest of this bond are payable at the offioe of the Central Hanover Sank and Trust Company, in New York City, N. _., and for the due and punctual payment of this bond at the maturity thereof, and the inter eat 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 six hundred (600) bonds numbered consecutively from eight hundred and one (801) to fourteen hundred (1400) inclusive, each of the denomination of One Thousand Dollars 311000.- 00), amounting in the agate to the sum of Six Yamdred Thousand Dollars ($600,000.00) issued for the purpose of making permanent improvements by constructing, extending and Improving the streets, thoroughfares and storm sewer of the (pity of Fort Worth, 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 Slat day of January, A. A. 1931, pursuant to valid authority from the property tax paying qualified voters of said City, at a proper and legal election held on the 25th day of June, A. D. 1929. It is hereby farther expressly represen"d, recited and covenanted by the Government of the City of Fort Korth, to and with each and every holder of said bonds or any one of them, that all acts, condiw tions and things required by the laws of the State of Texas, and of the Charter and Ordinances of the City of Fort Forth, precedent to and in the issuance of this bond, have been done, have happened, and have been perfoseed 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 forth, and that provision has been made for the levy and collection of a direct annual tax on all taxable property iia 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 respect- ive 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.VEMCF, the City, of Fort 'forth, in the State of Texas, has executed this bond by causing it to be sighed by its Mayor and attested by the City Secretary-Treasurer, with the seal of the City theramto duly impressed, and has caused the annexed interest coupons to be executed with the facsimile signature of the Mayor and City Secretary- Treasurer, and dated as the let day of February, A. D. 1931. CITY OF FORT MRTH, TSXlLS ATTEST: City Sscretary.Treasurer (FORM OF COUPON NOTE) The City of Fort Worth, in the State of Texas, promises to pay to bearer on the let 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 aimed. and nsmbele![ CITY OB Fopr WORM, MIAS E6syor AZT: City Secretary—Treasurer. SECTION II. That the said bonds so.to be issued by the City of Fort North, amounting to Sic Hundred Thousand (600,000.00) Dollars, in addi- tion to the sum of Eight Hundred Thousand (800,000.00) Dollars worth of said bonds heretofore issued out of the said authorized issue of Two Million (2,000,000.00) Dollars, shall be issued for the purpose of making permanent improvements in said City by constructing, improving and extending the streets, thoroughfares and storm suers of said City, and shall consist of six hundred (600) bonds, numbered from eight hundred and one (801) to fourteen hundred (19:00) inclusive, and shall bean interest at the rate of four and ones-half (4j) per cent per annum, payable semi-annually as aforesaid, all of which. said six hundred (600) bonds shall be known as Series 56 and shall be styled and designated as "Street Improvement Bonds"; that all of the said bonds, comprising the sum total of Six Hundred Thousand (600,000.00) Dollars shall mature in numerical order in the manner and amounts as set out in the tabulated statement herewith atUehed, to-wit: CITY OF FORT WORTH PRINCIPAL YATURIT33S $600,000.00 SRFET ndPROVEafENT BONDS DATED FEBRUARY 1ST, 1931 PRINGIPAL DIM -WRRUARY 1ST MATURING 1936 $ 12,000.00 37 12,000.00 38 12,000,00 39 12,000.00 1940 124000.00 41 12,000,00 42 12,000.00 43 12,000,00 44 12,000,00 45 120000000 46 1.2,000.00 47 12$000.00 48 12,000.00 49 12,000.00 1950 12,000.00 51 18,000,00 52 18,000.00 53 18,000.00 54 18,000.00 55 18,000,00 56 18,000.00 57 18,000.00 58 18,000.00 59 18,000.00 1960 18,000.00 61 18,000,00 62 18,000.00 63 182000.00 64 13,000.00 65 24,000.00 66 24,000.00 67 240000.00 68 2.4,000.00 69 24,000.00 1970 24$0006,00 71 24,000.00 w . SECTION III. That the said bonds are hereby authorized to be sold to the best advantage, but in no event shall same be sold for less than par, and the accrued interest to the time of delivery end the proceeds thereof, to be placed in the treasury of the City of Fort North and utilized for the special purposes for which they are created. SECTION 17. That for the purpose of creating a sinking fund for the payment and complete extinguishment of the foregoing bonded debt, prin- cipal 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 apart and appropriated for the said purpose, an annual, direct special ad valorem tax for the year 1931, and every successive year thereafter during the life of said bonded debt or any part thereof of 2.08 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 laws of the State of Texas, situat- ed and o cored in the City of Fort Worth on the lot day of January 1931, and on the lst 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, than 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 my be requisite to supply the deficiency until al], interest sb%U Lave been paid and the sinking fund established as required by the Constitution of the State of Texas and tlxe Charter of the City of Fort Worth. SECiICN 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 1931, 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 2.08 cents on the One Hundred (100.00) Dollars property valuation (or so much thereof 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 therefrom. �f SECTION VI. 7� That the special tax hersinbefore provided for, when collect- ads 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 bereinabove 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 &aid City, and the pro- ceeds held and kept by the City Treasurer of said City as a separate and distinct account and so specified as such on his books. SEM011 VII. That as soon as convenient after said bonds shall have been prepared and signed in the manner prescribed by the ordinance, they shall be submitted to the Attorney General of the State of Texas, together with a certified copy of this ordinance and a statement of the total bonded in- debtedness of the City of Fort North, 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 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 regis- tration. SECTION VIII. That the City Seoretary-Treasurer of the City of Fort North, or other lawful custodian of such fund, during the months of February and JU!Z of each and every year daring 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-anmxal interest accruing on said bonds, to the Central Hanover Bank and Trust Company of the City of Now York, State of Now 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 ad- vance of the maturity of same. SECTION Me All ordinances and parts of ordinances in conflict here- with 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 peat of this ordinance, but all sual other sections, portions and parts hereof shall be and rem in valid. SECTION ai. 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. *.1. MYCE h,:ayor -ATTEST: I. L. JAN .ZAAN.�DT, a, City S emtaly-lfreaga�rer APPROVED AS TO FORK: R,..E. $ MY kttd=eq WE. Bryce, Mayor, presiding at said meeting, submitted the motion to adopt said Ordinance, and Mayor Bryce and Councilmen $Uxton, Davis, Servis, Monnig, Penn, Renfro, Thomas and Tho*son all voted "aye" thereon and none voted "no", and the motion to adopt the ordinance was declared to be unanimously passed. ME STATE OF TSXAS i i COUNTY OF TARRANT E I, I. L. Van Zandt, Tr., City Seoretar76PTreasurer of the City of Fort Worth, do hereby certify that the above and foregoing ordin- ance is a true and correct copy of Ordinance 1710 and that same was un- animously passed and adopted by the City Council of the City of Fort Worth, Texas, at a regular meeting held in the Council Chamber at the City Eal7., on Wednesday t1e 21st day of Tamw y, A. D. 1931. WITLESS my hand at Fort Worth, Texas, this,21*c1a,.- of .Tannery, A. D. 1931. City Secret ai Tr user