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HomeMy WebLinkAboutR-1991-13 e e RESOLUTION NO. 91-13 A RESOLUTION AUTHORIZING THE CITY OF LA PORTE TO BORROW THE SUM OF SIXTY-FIVE THOUSAND ($65,000.00), TO BE EVIDENCED BY A TAX ANTICIPATION NOTE, PAYABLE OUT OF CURRENT TAXES COLLECTED DURING THE FISCAL YEAR BEGINNING OCTOBER 1, 1991, AND ENDING SEPTEMBER 30, 1992; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, it has been determined by the City Council of the City of La Porte that a necessity exists to borrow not to exceed the sum of Sixty-five Thousand Dollars ($65,000.00), for payment of lawful expenses of the City; WHEREAS, Neal Hinson and wife, Selma Joyce Hinson, and Darrell Warden and wife, Niki D'Layne Warden, have agreed to purchase the City's bearer note in said sum, without interest, to be due and payable in full on or before the 1st day of July, 1992; WHEREAS, the City will have current revenue from the collection of said taxes available and sufficient to pay said obligation at maturity; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE Section 1. The Mayor and the City Secretary shall be authorized to issue a bearer promissory note of the City (a true and correct copy of which is attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes), to be designated "Tax Anticipation Note for the Fiscal Year Beginning October 1, 1991, Ending September 30, 1992", such note to be in the principal sum of Sixty-five Thousand Dollars ($65,000.00), without interest, providing for ten percent (10%) per annum interest on matured unpaid principal and interest from date of maturity until paid, and ten percent (10%) attorney's fees, such note to be due and payable in full on or before July 1, 1992; and that said note be sold by the City of La Porte to Neal Hinson and wife, Selma Joyce Hinson, and Darrell Warden and wife, Niki D'Layne Warden, at not less than par value. When such note has been duly executed by the Mayor and City Secretary and delivered to said Neal Hinson and wife, Selma Joyce Hinson, and Darrell Warden and wife, Niki D'Layne Warden, with a certified copy of this Resolution, such indebtedness thereby evidenced shall be fully binding upon the City. Section 2. The City of La Porte hereby appropriates and sets aside the sum of Sixty-five Thousand Dollars ($65,000.00) out of the current revenues from the collection of ad valorem taxes for the payment of such indebtedness. . e RESOLUTION NO. 91-13 Page 2 Section 3. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City of La Porte, Texas for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Resolution shall be in effect from and after its passage and approval. PASSED AND APPROVED this the /4~ day of ~~ , 1991. CITY OF LA PORTE BY:~~~ 'N ~man L. a one, Mayor ATTEST: ~&ek- Cherie Black, City Secretary APPROVED: ~ ~t)). , Knox W. Askins, City Attorney . e City of La Porte La Porte, Texas TAX ANTICIPATION NOTE For the Fiscal Year Beginning October 1, 1991 Ending September 30, 1992 $65,000.00 La Porte, Harris County, Texas October 14, 1991 For the value received, the City of La Porte, a municipal corporation, of La Porte, Harris County, Texas, does hereby promise to pay to the order of NEAL HINSON and wife, SELMA JOYCE HINSON, and DARRELL WARDEN and wife, NIKI D'LAYNE HINSON, not to exceed the sum of SIXTY-FIVE THOUSAND DOLLARS ($65,000.00), in legal and lawful money of the United States of America, without interest thereon from date of advance or advances hereunder until maturity, matured unpaid principal and interest shall bear interest at the rate of ten percent (10%) per annum from date of maturity until paid. This note is due and payable in full on or before July 1, 1992. It is expressly provided that in the event default is made in the prompt payment of this note when due or declared due, and the same is placed in the hands of an attorney for collection, or suit is brought on same, or the same is collected through bankruptcy or other judicial proceedings, then the makers agree and promise to pay ten percent (10%) additional on the amount of principal and interest then owing, as attorney's fees. Each maker, surety and endorser of this note expressly waives all notices, demands for payment, presentations for payment, protest and notice of protest, as to this note. Payment hereof is secured by an appropriation from current tax revenues of the City of La Porte. A certified copy of the Resolution authorizing the borrowing of the sum of Sixty-five Thousand Dollars ($65,000.00) and the issuance of this Tax Anticipation Note, is hereto attached. City of La Porte BYI~b~~( No . .-L. Mal n , Mayor AT1ESTI. ~ ~~~-' Cher1e lack, C1ty Secretary