HomeMy WebLinkAboutR-1963-22
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RESOLUT ION NO. 22-63
STATE OF TEXAS
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COUNTY OF HARRIS
RESOLUTION AUTHORIZING THE CITY OF lA PORTE TO BORROW THE SUM OF TWENTY-NINE
THOUSAND, ONE HUNDRED THIRTY-THREE AND 55/100 DOLLARS ($29,133.55), TO BE
EVIDENCED BY TAX ANTICIPATION NOTE, PAYABLE OUT OF CURRENT TAXES COLLECTED
DURING THE FISCAL YEAR BE~INNING JULY 1, 1963 AND ENDING JUNE 30, 1964, AND
FURTHER SECURED BY A CHATTEL MORTGAGE OF EVEN DATE HEREWITH ON THOSE CERTAIN
CARS, TRUCKS AND EQUIPMENT AS DESCRIBED THEREIN.
WHEREAS, it has been determined by the City Commission of the
City of La Porte that a necessity exists to borrow the sum of TWENTY-NINE
THOUSAND, ONE HUNDRED THIRTY-THREE AND 55/100 DOLLARS ($29,133.55), and
4It that the anticipated current revenue from ad valorem taxes will amount to
approximately TWO HUNDRED NINETY FIVE THOUSAND, EIGHT HUNDRED SIX AND NO/lOO
DOLLARS ($295,806.00); and
WHEREAS,. the La Porte State Bank at La Porte, Texas has agreed to
make the City a loan in said sum, to be paid with three per cent (3%) per annum
interest thereon, on or before the 30th day of June, 1964; and
WHEREAS, the City will. hav.e current revenues from the collection
of said taxes available and sufficient to pay said obligation at maturity:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF LA PORTE, TEXAS, that the Mayor and the City Clerk (Director of Finance)
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be authorized to issue a promissory note of the City of La Porte, to be designated
"Tax Anticipation Note for the Fiscal Year beginning July 1, 1963 and ending
June 30, 1964", such note to be in the principal sum of TWENTY-NINE THOUSAND,
ONE HUNDRED THIRTY-THREE AND 55/100 DOLLARS ($29,133.55) to bear interest
at the rate of three per cent (3%) per annum until maturity, with the usual
provision for interest at the rate of six per cent (6%) per annum on past due
principal and intereest and ten per cent (10%) attorney's fees, such note to be
sold by the City of La Porte to the La Porte State Bank at La Porte, Texas, at
not less than par value. When such note has been duly executed by the Mayor
and City Clerk and delivered to said Bank, with a copy of this resolution, such
indebtedness thereby evidenced shall be fully binding upon the City; and
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BE IT FURTHER RESOLVED THAT the City furhter secure the payment of
said note be a Chattel Mortgage on those certain trucks, cars and equipment
as follows:
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ResoLution No. 22-63
Page 2 of 2
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One (1) - Used Demonstrator Huber-Warco Model 10-D Motor
Grader with GMC 4-71 diesel engine, including ll-tooth
"V-Type" Scarifier, Machine Serial No. 10DG-1l9364, Eng. No.
4A-85451, plus other standard equipment;
One (1) - International Fire Truck, 1960 Model, Mo. No.
VCO-196-FA-66095F, 5 Tons
One (1) - B-275 International Diesel Tractor, with Peco
60L Cutter and Anderson 6' Hydraulic Side Mount Mowers
and other standard equipment attached;
One (1) - 1963 Ford Pickup, 1/2 Ton 6 Cyl., Mo. No. F10JR 362880;
One (1) - 1963 Ford 4-Door V-8, M o. No. 3J54P 13114;
One (1) - 1963 Ford Pickup 1/2 Ton 6 - Cy1., Mo. No. F10JR 362881;
One (1) - 1963 Chevrolet Truck 6-Cyl. Tilt Cab & Chassis,
Model T 6803-H, Mo. No. H3T683 P 103280 equipped with 2 -
Cubic Yard PAK-MOR GARBAGE Collection Body, Model AF 20; and
that the Mayor and City Clerk be and they are hereby authorized and directed
~ to execute on behalf of the City of La Porte, a chattel mortgage of even
date herewith, on those certain cars, trucks and equipment, on the form
and containing the provisions, agreements, conditions and covenances required
by said Bank.
BE IT FURTHER RESOLVED that the City of La Porte hereby appropriates
and set aside the sum of TWENTY-NINE THOUSAND, ONE HUNDRED THIRTY-THREE AND
55/100 DOLLARS ($29,133.55) out of the current revenues from the collection of
ad valorem taxes for the payment of such indebtedness.
AND IT IS SO ORDERED.
APPROVED and passed this the
1st
day of July, 1963,
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City Commission.
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ATTtST:
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City Clerk of the City of La Porte, Texas
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The State of
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KNOW ALL MEN &HESE PRESENTS:
That D___tha..GltJr...o.f...1A..f.O.t'te.....'I~_D...........
Fonn c-2
4-17-41
. COUNTY OF
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of............B.4~~J!............County.........~.~~..............n............, hereinafter called the mortgagor, in consideration of the sum of
one dollar to me in hand paid by..............:_._:.J.e...PcI'.te8.tate._.Ba11k....La..,O.r-=e._......._.......__......_.~_........_..............., a corporation
hereinafter called bank, and for other valuable considerations, receipt of which is hereby acknowledged, have bargained, sold
and conveyed, and by these presents bargain, sell and convey unto said bank, its successors and assigns, the following described
personal prope~ty, now located and situated in. the County Of.m_......aoJ.f.I.~.................., State ofnn....._t~_~................., to-wit:
(U mortgage covers growing crops. state the kind and the approximate number of acrt'B of each. Fully describe all livestock, give number, kind, al'e and brand)
one (1) · Used Demonstr.to:r Buber-Wal'Co tfoclel 10-D >>iOtor Gr.de~ with IDro 4-71 4lesel
aoatn, lllClwU.q D.-toOth "V-Type" r,carlfler. Machi_ Serlel No. 1ODG-119364.
Boa- No. ~..aS4'1. p1u8 other' standard equlpment
ODe (1) '. !Q~matlonal FiC'e Truek. 196C) t(oC1el. Ho. NOe. \lCO-196..rA...6609S~. 5 Tons
OI1e (1) - B-275 tntetnatlO\\al Diesel Tractor wI:th Peeo 60L Cutter an4 Anderson GQ
Hydraulic Side. t>toWlt "o.1'S aad other 8tall.darc1 equipzneDt 4ttachGd
CIDe (1)- 1963 Ford rlelc.up. 1/2 ion 6 Cyl.. Mo. No. rioJa 362880
One (1) - 1963 ford 4->>001' ,..8 UQ. No.. 3J54P 131114
One (1) - 1963 Ford Pickup I/a Ton 64icyl.e. Mo.' No. 'l'lOm 362881
One (1) .. 1963 Chevrolet Truck 6'!fotyl. Tilt Cab & Chassls. Model 't 6S03..R~
Mo~.-"No. B3TG83' P 103280 equipped With 2~ Cubic Yard 'AK-Wn GARMGB'
Col1ec.t:1011 Bo4y. Mode.l NB 20
. Above located and housed in City JSam. La PoJrte.Usrrf.. County. Texas
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together with all of the Increase of, from and to, the above described property, prior to the full payment of thp Indebtedness hereinafter referred to. Also aU
other cattle. sheep, hogs, horses and other livestock situated In said County aforesaid now owncd, or that may be hereafter acquired, by said mortg&&'or.
until this mortgal'e is rell'8spd in full, save and except ~uch livestock as may be herein especially reserved.
TO HAVE AND TO HOLD all and singular the above described property unto said bank, Its successors and assigns forever. And I do hereby bind
myself, my heirs, executors and administrators to warrant and fo~ever defend the title to said property, and every part thereof, unto said bank, Its
successors.'and assil'ns, agsinst' eVery person whomsoever, lawfully claiming or to claim the same, or any part thereof.
This conveyance, howev~, Is intended as a mortgage.,~ ?:cure said bank, Its, successors, and assigns. In the payment of certain Indebtedness due
and owinl' by me evidenced by ft'1e certain promissory note____. as follows:
One note dated..-_JJih-'___1963.._________due-. On_~_).@fore_ June _~~!+__for $__U___j~:l~~__
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One note i!atEd____..~__________~____,_due,.__________________.____for $.______________________
and as well to secure the paYment of all other Indebtedness. now owhig said bank, and any and all indebtedness hereafter to become owing said bank, Its
SUCCE'llsors, assigns or legal representative. whether evidenced by note, overdraft, or otherwise, which said Indebtedness now or hereafter owing It is agreed
shall be p;'yable to the order of said bank at Its office In_._~--i..__.l.a....fQrte:, Texas -----------.
and bear iuterest at the rate of ten per cent per annum from date of accrual until paid, and the same shall stand secured by and payable under this
mortgage with the .othel' Indebteduess herein mentioned, .
proYided. however, that It Is hereby expressly stipulated, and provided that a first and prior lien Is hereby expressly fixed on the property above described to
secure the note, or notes. above specifically named, and the payment of all other Indebtedness by the maker hereof subsequently accruing. or not definltel;r
and particularly named herein, shall be postponed and subordinated to the payment of the note. or notes, above named. and a first and superior lien Is hereby
declared and fixed on the above described property to secure the note. or notes, above named and described; and provided further that the payment of any
other Indebtedness of the maker hereol, not deflnltel;r and particularly named herein. out of the proceeds of the property above described, shall be made In
the order in which said Indebtedness may have been contraCted.
This mortgal'e Is I'iven and recPived for and upon the representations, al'l'eements, stipulations and conditions, made for the purpose of Induclnl'
said bank. to part with certain moneys herein mentioned and accept the security hereoln given It, as follows, to-wit: (1) That mortgagor is the full owner
~ said property and has perfect right to give this first mortl'age upon .the same, unless.a qualified ownership is herein. expressly named; (2) That so long
sa the p""session of said propE'rty Is permitted to remain with mortgagor the same shall not be sold, morttraKed or I'emoved from the place above named
without the written consent of the bank and that mortg&&,or will use the utmost dillgencp and care to preserve said property from waste or destruction,
aud have the same forthcominl' for delivery to the bank, or purchaser iu 88 good condition as the same now is, unavoidable loss alone excepted; (8) Such
01 the property herein convpyed as is livestock, the mOl'tgalrOr binds himself. at his own expense, to provide with food, pasturage and attention, and to
&'lve the, same all the attention which the most prudent person would give his own propE'rty in mnking the same suitable for market under the mo,t
favo1'llbl, 'circumstances; (4) That said property Is of the rE'88onable agl'l'etrate cash value of $___________at the execution and delivery hereof.
. . It' Is understood that the mortgal'e lien hereby created shall extend to any renewal of tlie Indebtedness hereby secured .and this lien shall continue an~
- be In.fllrce until all the indebtedness above referred to and each and e,'ery extension and renewal thereof shall have been fully paid. '
,- 4t' Is further agreed between the .partiE'll thai if at any time the said mortgalrOr should move. or attempt to move all or any part of the above
desclnfed property outside of the County where thp same Is situated as above stated, or If at any time In the judKlDent of sold bank thp said property
should be nel'lected, injured or abandonPCl or otherwise mistreated or handled so as to impair the said bank's security or render the bank insecure, or
If the mortgagor without the consent of the bnnk should surrender possl."Sslon of any of said property or sell any part thereof. or if the mortgalrOr
shou~ violate any of the otller conditions of this mortgap, then. and In any such case, the said bank, at its option, may declarp all of the Indebted.
ness, above referred to immediately due and payable and proceed at once to enforce collection thereof in the same manner as if the full time for tl;>e
maturity of the same had lapsed, In the event that more than one note is secured by this mortKage, and default is made in the payment of the first
wb.,;. due, then the remainina: indebtedness may be declared immediately due at the option of said bank.
, It Is expressly agreed and stipulated between the partil."S that In case default be made by sold mortgagor In the payment of the Indebtedness above
described when the s"!,,e becomes due or is declared due a!ld p~able according to the ~e""s hereof, then. the .sald bank sh~ll have the ria:ht through Its
a,ents to take ImmedIate possession of all of said property and to either sell the same at private sale without notice to saId mortgagor, or sell the same
~. public sale In. the manner prescribed by law; or the said bank may, If It elects, enforce its lien by suit in the Court of proper jurisdiction. The said
mortg&&,or hereby specially waives all right of appraisement. An attorney's fep of ten. per cent. of the amount of the principal and Interest of the In debt-
pdness remaining unpaid shall be taxed and made a part of the costs of foreclosure.
-It is also agreed that all expense In connection with the seeurlnl', takln'g and barlnl' for any property above described or the I'atherlnl' and marketi'll'
of any crops shall be borne by iaid mortBagor and secured by this mortgalre, I
. Upon paYment In ful.1 of the indebtedness secured by this Instrument the same shall be cancelled and released at the exppnse of the mortgagor.
The takinl' of this mortgage shall not waive or Impair any otlier security sold bank may have or hereafter acquire for the paymeut 01 the above Indeb~.
ness nor _!Iha1;1~;tl1eotaking of any such additional security waive or impair this mortgal'e, but said bank may resort to any security It may have In tlie
order if.5iriay.zsee;)~il~. .
.i.,;-<eir isut.:.of~lf Jl~nder from the said bank or any of Its agents. officers, attomeys, or assigns, as such. conveying the said property or any pa~
f' th.!i"~.v!lhii.ll be fiiJl_altd".$gncl.u~ive evldenc,! and proof that aU of the terms, conditions and prerequisites rPCIuired herein ,have been~iully compli~d wl~;
;;.' ~~d '1I!Prtgal'or'li~~J.\.\&tifles and confIrms any and all acts of the said bank, its officers, &&,euts, attomeys and assltrns:''1'lone 'u!,~r~ ~~~. ~ y:lrtuV
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~ !i - : It Is further agreed~Pi stipulated bl'tween the parties hereto'.that In the event the bank should exercise Its option to dealare lalf of the Inde1)tednessl;
I ;a~, refe}:red- to;tm~ed~atell!; due and payable and proceed at once to enforce collection thereof, In the same manner as If.th!!.-fuU tlme,for the .mat~tr, 'J
I ii1~ same had elapsed, 'by.. t#ason of any .of the foregoing actions on thp part of the mortcagor, that then. and In that event;,.by,-the term "Indebtedn~,/ :/
1s '-mlla~ ful1-. iiDiiiurit:ol9' the princill,L and InteTest due by the mortcal'or at the time that the bank exercises such ~optloii. In no I!vent. shall <tJi1f' :/
Iiat:lk ''lOlIect ~r attBJl!ptlto. ~lect any uneamed Interest on said Indebtedness ,t. the time that the bank so exer~ises such op~n ~decla~sald I~debtedn'j!sig ~
~~)1\ all mterest l!lclludecl." In the face ll!I',!u,nt of the note applicable to a perIod after the accelerated mat!,rlty shall constl~te"a c~E' against, the f!,ce ~
amjlui\t Qf. the no~.-...Jilr'a}l' Interest paid In advance and applicable to a period after thE> accelerated maturIty shall constlt)Jti! aScredIt" on ti!e-Blll.9!1nt.?of" ""
Ind~j~e.!'~;,'\\S-a:Jjov~lI~ed, then lawfully owinl' on such note. ., &1.", ~-' Z' .,. ::
!~ ..t. .I '0 l.~.' ....... '" . ~ .... 6 ;;;; ~ c::-
huras' an'd. inierlineatlons made and approved before slplnl'. ' :;~ ""v. ~,'"'<. ~ "-
. . Wltness__-ottr---- hand_tbls the.___---:.1..s.L__-:__~-day of Jill)' , U, .. . ,;.~A.:D;.l!~;i-
. Executed and .delivered,ln.the presen~~ of the u!)dersiped: ' em Of IA POR:ra. .'J:Wi . ,-<.."-
~ ~~~~~~Uy !,(~Porb,
AftEST: Clovie D. Marm. City Clerk of Clty of
La Porte
.. . THE STATE OF TEXAS ' . } : .~ - ~ .~'~:-; ~Cj;_
COUNTY OF........_..~.!!;.~~..._..._._.n........___....__.......__._.~___ '" .. .Before me._._A BOVlT}' ~lhU4"~" _ . ~ .;:~.
. .". I " .' .' . " '. ~ ..?_....~......'l ..~~ !.';-~
....._.....~'-,.....:.:.~::.....:..:.:..._..:.................._..ln and for s"ald' County and Sbate' an thls'day personallJ' appearecl......H.....P.......P.feiff. or i ~JOr.::..ta....fo.i~
~~..'~< ~~..~ ~~~~~ ".' . \:~ ,~.~t . . ~ _. ~~
knil~'n":-.tO~ me to be 'the" ~fJon....... whose name ._..lS._.sub.cribed to the foregoinlr In.trUment. and acknowledlrN'to me tha~_..._h."e_~_ex8CUted-tlt~'sa~e: ''-.
l;':ih:'+Jlul"JlO.e and co;~~~'ttion therein elCpre88eclo and the espacitv therii~ E1tated ' ~ ,..... ~ , /. . i=::;;
iFU ~'~ "7'--; . . ".' .,.. ~....:~ ,~. ;..;,::....
~ ~ t Giv~n -Uiider-m; ha.h~~I!~d .eal of office. thIB_~~~~--day oL....:_____~_~ ' ~~t,;r,;;:--.t: A. D~19 ..}:~.~:
..... .. . ~~ .. . "0 . 1"~ .e-.o'~
~~"" /'-... /I.-s ~ /lb" :.....,:'}.....Po ...."~'\.
~.......... /' ".'./~ $ .. ... Z;, ~...t-J. p~~_ "(":~.~.:~:"'~';'
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~ (1).8:)-__- ._..- ~. ,: (Title) --'~"'0' . .-
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.!t-t.r.. .- A.'. .:--, ;,,,,"Notary Public. Hard., County. T_s
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. STATE OF NEW MEXICO }
~~ OF____.._...___....____.____...._____._.________~_~
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On thIB.__~-=--.cIQ of_._________.____.__..._;19___. before me
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per8OllallJ' appeared........_........_......._........._......_......_..._..__..:.._._.........__.._..._..,_.._.....__.._..___.~_._.~...._.._..._.......to me known to ~ the ~rson describeCl. in.
:and who executed the fOl'elroinll' Instrument and acknowledged that he a:ecuted the same a. hIB free act and deed.
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MJ' Comml..ion expires .--__..___....____.._____._____
----.(Tltle)-----.----
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THE STATE OF OKLAHOMA' }
COUNTY OF ________._____..._.....____.__....._.._______--,-_...,.._
Before me,__
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Notal"J' Public in and for .aid County a!,d State. on thiB.________cIQ of___.:__________._._-'_______. 19___.' ~r.onalb apreared
..........___.___.._._____........______....._.__,___.____ ._.__.___ to ~e lmown to' be the identical person who executed the within and fotCll'oinlr
in.trument and acknowledged to me thAt he.executed the same 88 his free andvoluntal"J' act and deed for the uses and purposes tbere"in. set forth.
~J',. Commiss~on expires ...:......._.._..._
------,----"'("Title)---""7-
i~UN:~~....~~~~~_.~~__.____~~___} . 1._______,___.__.__.____.__________. County Clerk
--=a".. -" -_ _..-r _._...-.t~. ..-_-o:r-. .-T-.~~.~_""':""r_-:.o-~=-~t~................~~-.~----..-...>>..-~-:;,"~...~.-:_~.~ t--.:---O'
, .if .aid County.. iJo herebJ' certifJ' that the forelrOinll' in.tru~~n~ of writinll'. tolr'!ther' with its certificate of authentication, w.;. filed 'for fCll'lstration ,In IIiJ'
office the__~___._~.._:-_~day. of._...:..__.:..__.____._._.__..___.__.~A.:.'D. 19___. 'at.______..:.:...o"clock :__..___':...M.. arid ~a. dub relti.tereci' ~~._:...___o'clock._._____M.
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in Vol~e.....:.............-:_........... Paae...............-.:.............. of the Rell'ister ,of 'Chattel Mortgages. etc., of said CountJ':
Witnes~ my h!Lnd and official .eal thi..__'--;-__..:.........---:.'.:..ciai ~of__:......__......___':"_~_..-:_
A. D. 19__.
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C~ERK'S RECEIPT OF ORIGINAL FOR FILING:
The orill'inal of this Mortll'all'e' was filed 'for record in mJ' office the.._._...___...___.....daJ' of.______.___,..:_.. A. D. 19___. at_.._..o.clock_____..M.
County Clerk..________--=:.___,:-:=-----------.:..County,
By_.._
_..Deputy.
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Witness'mJ' hand and official seal this.______....___.....daJ' of ----..-.----....--:.-~-
. A. D. 19_...__.
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Cou~ty Cl..rk._.__.____________._____County
BJ'_______.:...._______..:._-'_-'-__..__._Deputy.
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TAX AN'rICIl'ATION NarK
Foa THE YEAR 1963 . 1964
FISCAL YEAR BEGINNING
JULY 1. 1963. ENDING JUNE 30. 1964
$29.133.55
July 2. 1963
The Clt)' of La Porte, Texas. actill8 by and throU$b lts duly
authorized officers, for value received. promises to pay to the order of
the La Porte State Bank at La Porte, Texas, the sum of TWENTY.:.NINB'1'HOUSAND
ONE HUNDRED THIRTY.iBRBB AND 55/100 DOLLARB ($29,133.55), with inter~st at
the rate of three per CGl\t (3'&) per annum, on or before the 30th clay of
June, 1964.
All past due principal and interest shall bear interest at the
rate of six per cent (6%) per annum.
It is hereby spec1ally agreed that if thiG note is placed in the
hands of an attorney for- collecUoD. .or if collected by suit or through the
Probate or Bankruptcy Court, we agree to pay ten per cent (10'&) additional
011 t.he principal and interest then due bereon, as attomey' s fees.
In addition to the appropriat.ion from current tax revenues, this
Dote is further secured by a Chattel Mortgage ot even date herewith on those
certain cars, truck aud equipmeat as described thereil\.
A copy of the Resolution authort.zill8 the borrowing of the sum of
TWENTY-BIN. THOUSAND. OtiS HUNDIED tBtRTY..THB.RE AND 55/100 DOl...LAllS ($29,133.55)
and the issuance of this note is hereto attached.
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CITY OF LA PORTE. TEXAS
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By:
Mayor oftha City of La Porte. Texas
ArrEst:, .
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City Clerk of the Ci~y of LaPorte,. T.xas