HomeMy WebLinkAboutO-1938-268
-
FUlIDING BOND ORDINANCE NO.
2'
!tAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA. PORTE,
TEXAS, AUTHORIZING THE ISSUANCE OF $11,500.00 CITY OF LA PORTE
FUNDIlqQ BONDS BEARING INTEREST AT THE RATE OF 1..% PER AmWM FOR THE
PURPOSE OF FUNDING .AN EQUAL .AMOUNT OF CITY OF LA PORTE &/0 SEVIER
W.ARRANTS AND MATURED INTEREST COUPONS THEREOF; PRESCRIBING THE FORM
AND MATURITIES OF SUCH BONDS; PROVIDING FOR THE LEVY, ASSESSMENT AlID
COLLECTION OF TAXES ON ALL TAXABLE PROPERTY WITHIN THE LIMITS OF SAID
CITY TO PAY THE INTEREST THEREON AND CREATE A SINKING FUND WITH WHICH
TO PAY THE PRINCIPAL AS IT MATURES; DECLARING THE VALIDITY OF THE
W.ABRANTS AND MATURED INTEREST COUPONS THAT ARE BEING FUNDED; AND DE...
CLARING AN Ell4ERGENCY. It
'.
--
"-'
IT APPEARING AFPIRMATIVELY that the City or La Porte has
interest coupons thereof, to-wit:
outstanding and unpaid the following desoribed warrants and matured
.
$9,225.69 City of La Porte Sewer Warrants,
Seri0s 19;1, dated on or about
August 15,19;1, bearing interest
at the rate of 6% per azmum;
also
maturEd interest ooupons of the
above mentioned warrants briefly
described as follows.
9 coupons at $;0.00 eaoh
9 ooupons at $;0.00 eaoh
9 ooupons at $;0.00 each
9 ooupons at $;0.00 eaoh
9 ooupons at $30~00 eaoh
9 ooupons at $30.00 each
9 coupons a't $;0.00 eaoh .
9 ooupons at $;0.00 eaoh
9 ooupons at C30.00 eaoh
8 coupons at $;0.00 eaop
8 coupons at $30.00 each
8 coupons at $;0.00 each
-
$270.00 due 4110;32
$270.00 due 10110/32
$270.00, ~aue 4119~
$270.00 due 10110 3
0270.00 due 4/1P 4
$270.00 due 1011-0/34
$270.00 due 4/1P~
$270.00 due 10110 5
$270.00 due 4/lP 6
$240.00 due 10/10/36
$240.00 due 4I1913J
$240.00 due 10/10~7
AND IT FURTHER APPEARING AFFIRUATIVELY that the
hereinbefore described warrants and matured interest coupons
have been adjudicated in that certain suit in the Distriot
Court of Harris Coun'ty entitled Gayle Bros. VB City of La
v
Porte, No. 210,'-'21, in which it was determined by the Court
that the hereinbefore desoribed warrants and matured interest
ooupons were adjudged to constitute valid and legally binding
indebtedness of the City of La Porte, and that the City of Ia
Porte does not have orolaim ~ offset or oounterclaim thereto;
AND IT FURTHER APPEARING AFFIRMATIVELY that the
.
City does not have on hand available for that purpose suf'fi-
oient money to pay all of such matured interest coupons and
suoh of the warrants as have reaohed their maturity, and that
~11.500 of said warrants and matured interest coupons may be
funded by the issuance of an equal amount of Funding Bonds
.
e
-2-
bearing interest at the rate of l.t% per annum, whioh reduotion
in interest will oonstitute a valuable saving to said City;
e
AND IT FURTHER APPEARING AFFIRUATIVELY that this
Council has eaused notice of intention to issue Funding Bonis
for the purpose ot funding said warrants and matured interest
coupons to be published on the same week day once eaoh week
for at least three consecutive weeks, the tirst publioation
being at least thirty tull days betore the date set tor pao-
sing this Ordinanoe and issuing such Funding Bonds, whioh
notioe is as follows to-wit:
e
NOTICE OF INTENTION TO ISSUE
FUNDING BONDS
THE STATE OF TEXAS,
COUETY OF HARRIS"
CITY OF LA PORTE.
TO THE FROPERTY TAXPAYING VOTERS OF THE CITY OF
LA PORTE, TEXAS, .AlID ALL OTHER INTERESTED PERSONS t
NOTICE is hereby given that it is the intention
of the City Council ot the City of La Porte, Texas, on the
23rd day ot May, 1938, to pass all neoessary Ordinances and
orders to provide for the issuanoe of City of La Porte Fund-
ing Bonds in the maximum amount of 011,500, bearing interest
at the rate of 4 per oent per annum with maximum maturity
date 1961, and to issue suoh Funding Bonds for the purpose
of funding an equal amount of City of La Porte Sewer Warrants,
dated on or about August 15,1931, and bearing interest at the
rate of 6 per cent per aDnUD and matured interest ooupons of
said warrants.
--
VlIT:NESS our offioial signatures this 7th day of
April, 1938.
GEO. H. SHARP, Mayor
lIaRS M.O.LAMBLY,
City Secretary.
AND IT FURTHER APPEARING AFFIRMATIVELY that no-
protest has been tiled by 10% or any other number of property
taxpayers of said City protesting the issuance of such funding
bonds or ot~erwise objeoting thereto;
THEREFORE BE IT ORDAINED BY THE CITY COUNC IL OF THE
CITY OF LA PORTE, TEXAS, as follows:
Seotion 1.
e
That the bonds ot said City to be oalle<l "CIT.l OF
LA PORTE SENlIER FUNDING B01"DS", be issued in the amount of
$11,500.00 for the purpose of funding an, $11,500 of the heroin-
before de~cribed sewer warrants and matured intereat coupons thereot,
.
e
-3-
as authorized by the Constitution and 1aWB of the Stato of Texas
-
and particularly the Bond and Warrant Law of 19,1.
Such Bonds shall be dated the loth day of May
1938, shall be numbered oonseoutively from 1 to 23 inclusive. in
denomination of $500 each, aggregating $11.500.00. aM. shall be
made to mature serially IS follows:
-
NUMBER MATURITY .AMOtT.NT .
1 April 10. 19;9 $500.00
2 April 10.1940 $500.00
3 April 10.1941 0500.00
4 April 10..191.;2 ~500.00
5 April 10,1943 $500.00
6 April 10..1944 $500.00
7 April 10..1945 0500.00
8 April 10,19l.t> $500.00
9 April 10..1947 $500.00
10 April 10.1948 ~500.00
11 April 10..1949 $500.00
12 April 10..1950 $500.00
13 April 10.1951 $500.00
14 April 10..1952 0500.00
----
15 . J..pr11 10..1953 $500.00
16 April 10..1954 $500.00
17 April 10,1955 i)500.00
18 April 10..1956 ~500.00
19 April 10,1957 ~50~~.O0
20 .April 10,l~:58 0500.CO
:?1 April 10..1959 t)50~).OO
22 April 10,1960 ;~5oo.00
23 April10,196:1,' $500.00
.~ ,
......
e
-
Option sha.ll be reserved to redeem any of these bonds at aIJy time
on or attar ten years from their date.
They shall bear interest at the rate of 4% per e~um.
payable April 10.19;9 and semi-annually thereefter on Octcber 10th
and April loth each year. Both prinoipal and interest ot such bonds
.
--
-4G>
shall ce payable in lawful money of the United States of America
upon presentation and surrender of bond or proper coupon at the
e
First Ne3;ional Bank of La Porte in La Porte, Texas.
Each of' suoh bonds shall be signed by the Dayor,
counters~gned by the City Secretary, and registered by the County
-
Treasurer', and the oorporate seal of the City of La. Porte shall be
"
impressecT upon each of them. The coupons attached to su~h conds
may be executed by the fac-simile signatures of ~he Mayor and City
Secretary, and shall have the same effect as if they had been signed
by them.
Such bonds shall be in form and oontain reoitals sub-
-
stantiallyas follower
No.
-
$500.00
UNITED STATES OF .AMERICA
STATE OF TEXAS
CITY OF LA PORTE
CITY OF LA PORTE SEV.TER FOl\J])ING BOND
KNCri ALL MEN BY THESE PRESENTS: That the City of
La Porte, a municipal corporation, duly inoorporated under the laws
n
or the Sta~e of Texas, for value received, aoknowledges itself indebted
and hereby promises to pay to bearer on the loth day of April, 19 the
sum of
--
FIVE :auNDRED DOLLARS
in lawful money of the United States of America, with interest thereon
from date hereof at the rate of ~ per annum, interest payable April
10, 1939, and semi-a.nnually thereafter on October loth and .ti.pril loth
each year; prinoipal and interest payable upon presentation anD. surrend-
er of bond ~r proper coupon at the First National Bank of La Porte, in
La Porte, Texas, and the City of 1& Porte is hereby held and fi:rmly
bound and its faith and credit and all real and personal property in
said city is hereby pledged for the prompt payment of the principal
or this bond and the interest thereon as it matures. The City of
.
1& Porte reserves the right to oall this bond in either for redemption
n
--
or for refunding at any time on or after ten years from its date by
paying par s.nd accrued interest, and in the event this bond chall be
called either for redemption or for refunding before its maturity,
therccf
notice/shall be given in \'7I'iting by the Treasurer of the City of: 1&
Forte to the First National Bank, at La Porte, Texas, at leatt thirty
()
.
tit
-;..
days before the date fixed tor redemption: and after suoh notice
-
shall have been given, if this bond is not presented for payment,
it shall ,ease to bear interest fram and after the date so fixed
for rsdemption.
This bond is one of a series of tv~nty-three bonds
numbered consecutively fram 1 to 23 inclusive, in the denomi:nation of
$500 eaoh, aggregating $11,500.00, issued for the purpose of funding an
equal amolmt of Sewer '~'VarrantG and matured interest coupons thereof,
oonstituting valid existing indebtedness of the City Df La Porte, by
~ o~celling the eveidences thereof and issuing such funding ~ands to
the holders thereof, a8 authorized by the Constitution and lavm of the
State of Texas, including the Bond and Warrant Law of 1931, and in
.
pursuance of an ordinance passed by the City Council of the City of
\oJ
La Porte, which ordinance is of record in the minutes of said Council.
The date of this bond, in conformity with tho Ord-
ina.nce above mentioned, is May loth
, 19;8.
It is hereby certified and recited that the iasu-
anee of this bond and the series of which it is one is duly authorized
by law and that all acts, conditions and things required to be done,
precedent to and in the issuanoe of this series of bonda, end of this
bond, have been properly done, have happened and been performed in
regular and due time, form. and maImer, as required by law; that suf'-
ficient and proper provision for the levy and colleotion of taxes
e
has been made which 'when colleoted shall be appropriated exoluaively
to the pa~nt of this bond and of the series of Which it is a part
and to the payment of the interest couPQns hereto annexed e.B .the same
shall beome due; and that the total indebtedness of the City of La. Porte,
including the entire series of bonds of which this is one, does not ex-
coed any constitutional or statutory limitation.
In witness whereof the City of La. Porte, by its
Ceuncil, ~s caused its oorporate seal to be affixed hereto ~1 this
bond to be signed by its Mayor, oountersigned by its City Seoretary,
and registered by its City Trea.surer, and the interest ooupons hereto.
signatures
attached -to be exeouted by the faa-simile/ot the Mayor and the City
.
Secretary, as of the
day of
,19;8.
-
Mayor, C ~ ty of La. PolTte, Toxas.
~
COillJTERS IGKED:
REGISTERED:
City Seoretary
City Treasurer
.
e
-6..
The form of ooupons attached to such bonds shall be sub-
stantiallyas follows:
No.
$
.~
On the loth day of
19_
the City of La Porte, Texas. will pay to bearer at the First National
Bank of I.a Porte. in La Porte, Texas. the sum of
,
DOLIJ\RS
in lawful money of the United States of America, being
momhs I
imerest due that date on the City of La Porte Funding Bond, dated
, 1938, No. .
Mayor
City Secretary
The followiDg oertificate shall be primed on the back
-
of each of said bonds:
OFFICE OF COMP.rROLLER )
(
STATE OF TEXAS )
I hereby certify that there is on file and of record
in m:y office a oertificate of the Attorney General of the State of
Texas to t~e effect that this bond has been examined ~ him as re-
quired by law and that he finds that it has been issued in oonform-
ity with the Constitution and laws of the State of Texas, and that
it is a valid and binding obligation upon the City of La. Porte, Texas,
-
and said bond has this day been registered by me.
office at
WITEESS my hand and seal of/Austin, Tems, this
day
of
., A.D. 1938.
Comptroller of Publio Acoounts of
the State of Texas.
Section 2.
IT IS FURTHER ORDAIlffiD BY THE CITY COUNCIL OF THE
CITY OF LA PORTE, TEx:AS:
That to pay the interest on all the foregoing de-
-
scribed bonds e.nd oreate a sinking fund with which to pay the
principal as they mature, a tax at a rate sufficiem for said pur-
pose is hereby levied against all taxable property in said city for
the year 1938 e.nd for each sucoeeding year while said bonds or any
of them are outs~andingJ
And to pay the interest on said bonds and to create
a siIlking fund with vlhich to pay the prinoipal at maturity, suoh
.
.
-7...
tax of and at the rate of ten cents (10;) on each One Hundred Dollars t
valuation of taxable property in said city is hereby levied for the year
1938. and the seme. or so muoh thereof as may be neoessary. and as much
,e
more as may be neoessary. is hereby levied for eaoh succeediDg year while
said bonda or UJY of them are outstanding,
And there shall be calculated each year while ~ of
said banda are outstanding and lmpaid what rate of 1;ax is necessary to
provide ourrent interest and the required amount of the prtnoipal for
Buoh year. or proportionate part thereof'. and a tax at such rate on
eaoh One Hundred Dollars' valuation of' taxable propert,y in said city.
within tho limits permitted by the Constitution. shall be levied, as-
sessed and collected during each of suoh years. and said tax of and at
the rate 00 f'ound to be necessary for eaoh of such years is hereby lev-
-
ted. and is ordered to be levied, assessed and colleoted. The tax that
hereby
was levied for the payment of the indebtedness being funded/io hereby
ratified. brought forward and confirmed by this tax levy.
IT IS FURTHER ORDAINED that the Mayor of the City of
La Porte be and he is hereby authorized to take and have oharge of' all
necesaary rooords pending their investigation by the Attorney General
and shall te.ke and have charge and control ot the bonds hereby author-
ized pending their approval by the Attorney General and registration by
the Comptroller of Public Acoounts; and is also authorized to exchange
the hereinbefore described funding bonds f'or the cancellation of the
e
warrants and matured interest ooupons thereof. being funded thereby.
which exc~~e may be made all at one time or in parcels or install-
menta.
The fact that some of the items that are being; funded
are past due, and that the .funding thereot as herein provided will put
the fi33ances of' the City in better condition constitutes or. emergency
~d an imperativo publio necessity that the rule requiring Ordinances
to be passed at more than one meeting be suspended, and sa::..d rule is
hereb,y suspended. and that this Ordinance take effect and be tn foroe
from and after its passage, and it is so ordained.
ATTES T :
& 7lt-OJ~--4'~.
ity Seoretary. 7
(--
It
.
--