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},iotion and second that the following ordinsmce be passed
and adopted. ~
0 R D I 1{ A v
STATE OF
CITY OP
COUNTY
this, the It_ h~ day of November, 19S8 the
City Council o~ the~ Ci~f 0P. P~%I~VIEW, TEXAS~, convened in reg-
mia~ aess[on in tim Council Room in the0" m}y Hall, all members
thereof, to-wit:
l,ia~7'o r,
2~l&e rme~n,.
and J, L, Gallaway,~ City ~Seoretary, being present, an~d ~ong
other business tram~sact-e~d, the following %rdin~ce was pas~ed:
~ QR~)!NANu~ B. l~i~ ~'iTY OOUi~OIL .0~ .2~ .ulP_ ~ PLAta-
VIE?f, TEXAS, AUTHORIS~ THE ISSU~:~{0E 0P BOI~S PON T~
PRINOIPA~ oU;¢i O~ ~ ~=OUS.kND DOL~$ (¢t0,000.00) ~OR
~ PURPOSE"~ OP~ O01~STRUOTZON~' ~ n ~DT
0~ ~3 OI~Y 0P P~!I{V!~¢; %ND PiIOVIDING PON THE ~VY,
A:~S~S~/,;~I{T ~D COLLECTION OP A
_ s~.TY
II{TEt~S~ 0N ~.~ID B01~S f~D Pi~0VIDE a ~ILz~l~G PU!{D WITH
~i~IICH T0 PAY THE Wer}~nrp~z~ AT }~TURITY; P~ESO~IBI~G
A. ldezm2an Eiker moved that the ordinance be
placed on its first ~eading; .seconded bY Alderman ¥~atson
and carried by the fo!!o~ng ~vote:
AYES: Kike~
Wet son
Osborne
~az~.o ook
'~0
NOES: N ne.
Carried: Placed on first reading.
Alderman Hanooo. ___ _.k ~ moved that the ordinance pass.
first reading; seconded by Alderman ._?to e~ and carried by
the following vote:
.&YES:
Hanco ck
NOEs: None.
Watson
Osborne .
Carried: Ordinance passed fiz~st r~adingo
Alderman Osborne
moved that the rules be suspended
and that the ordina~uce be placed on second reading; seconded by
Alderman
, and carried by the following vote:
Osborne , ...... Progge
son Kike r
., Hanco ~k .
NOR $: None.
Carried: Ordinance placed on second reading.
A!de~an Pr~ogge .... ~owed that the ordinance pass
second reading; seconded by Alderman
the following vote;
A~'$: Progge
Kiker
NOR S:
Carried:
Osborne
t~one o
H anoo c k
and carried by
Hancock
Wat son
Ordinance passed seafood reading.
Alderman War son
moved .that the ordinance pass
third an& final reading; seconded by ~Alde~man
Kike r
and carried by the following vote:
Watson Kiker
Hancock
~ _ , Osborne _, Prog~ .
NOES: None.
~: >',tt:'~~ t~Iayor Shelton then declared the or~iimanc~e final~jy passed,
The ordinance follows:
AN ORDINAl[CE BY THE CITY COUNCIL OF T~ OiTY OF- PLAI~[-
VI~I, TE~L&S, AUTHORIZING THE iSSU~2~OE {DP BONDS POE
PRINOiPAL SUDI DP T~N THOUSAI~ DOL~!S ($10,000.00) POE
TPI PL~POSE OP OO!~STRUCTION S~D II~OVEif~T OP STPSETS
OP THE CITY OP P~%IA~iEW; ~{D PROVIDIN~ POR THE LE~,
ASSESSD~NT ~D COL~CTION OPA TAX O~ THE 01~
DOL~ ' { ~100. O0 ) VALUATION OF ALL T~~ PROPERTY
WITHIN THE LI}~iITS OP SAID CITY SLTPPIC!ENT TO PAY THE
INTERRUPT OAr SAID BONDS AI~ PROVIDE A SINKINg FUND WITH
~ICH TO PAY T~E PRINCIP~Z AT J~h~TURITY; ~SORIB!NG
T~ FO3~ OF BO!~ AND iNTRUST COUPONS; A!~ DECZARINO
:&N ~NGENCY
WHEREAS, at an election held in the City of P!ainview
on the GOth day of August, 1938, a majority of the qualified
electors of the City of Plainview who ovmed taxable property
in said City and who had d ,u~ly rendered the same for taxation
voting at an election, sustained the proposition to issue the
bonds hereinafter described for the principal sum of Ten Thou-
sand Dollars (~10,000,00) by a vote of 387 affirmative votes,
and which carried by a majority vote of 155 in favor thereof,
being "FOR THE iSSUANCE OF B0~IDS FOR THE PURPOSE OF CONSTRUCT-
I0N AND I~O~I~!~NT 0F STIQEETS ~2~D ~YE LE%mZ OF A T_~ IN PAYmeNT
TEW~EOP';
NOf~ THEREPOP~, ~ ~
BE IT ORDA!I~D BY THE CITY COUNCIL 0~- T~ 0iTY OP
PI~%iNVIE~V:
That the negotiable coupon honda of s~id City to be
I~¥~,0~ ~,~E ~ BONDS be
called "CITY OP PLAINVIEV~, T~S S'T~ET
issued under and 'by virS.ue of the Constitution and laws of the
State of Texas, including Title 22, Chapters ~ and 7, Revised
Statutes of Texas, 1925, and the provisions of the City 0hatter,
for the purpose of construction and improvement of streets of
the City of Plainview, Texas, in the principal sum of Ten Thou-
sand Dollars ($10,000.00).
II,
That said bonds ~shall be numbered consecutively from
One (1) to Ten (10) inclusive, of the denomination of One Thou-
sand Dollars aggregating the sum of Ten Thou-
sand Dollars (~10,000.00).
III,
Tb~at they shall be dated Ootober~l, !9S8, and shall
become due and payable ~s follows:
~iAT UR IT Y
Ii $1,000
2 1,000
S 1,000
4 i,000
5 i,000
6 i,000
7 i,000
8 1,000
9 1,000
i0 1,000
October 1, 194:1
October i, 1942
October i, 1943
October l, 1944
October l, 1945
October l, 19~6
October l, 1947
October l, 1948
October l, 1949
October l, 1950
iV,
Reid bonds shall bear'inter~st at the rate of Pour per
cent { ~
%p} per annum, payable October l, 19S9 and semi-annually
thereafter on the first days of ~pril and October of bach year.
V~
Thgt the principal and interest of said series of
bonds s all. be payable on prBsentation and surrender of bond
or proper coupons, at the Pirst National Ba~uk in Dallas, Dallas,
T ex~.
VI.
Thai', each of said bonds shall, be signed by the l~ayor
of the 0ity of Plainview, countersigned by th~ City Secretary,
~nd the corperkte saul of the City of P!ainview shall be im-
pressed upon each of them.
VII.
That the facsimile signatures of the ~ayor and City
Secretary may be lithographed on the coupons attached to said
bonds, and shall have the same effect as if they had been
signed by them.
VIIi.
~he form of s~id bonds shall be smbstautia!ly as
fo l!ows:
UNITED STATES OF ~'~RtOA
STATE O~~ TEXAS
COUNTY OF HALE
NO.
0ITY Of PI~k!~f!EW
STPJ~ET Ii~PROVEi%'~NT BOND
ALL }~N BY THESE PRESENTS:
That the City of
~lainview, in the Coumty of Hale, State o£ Texas, a municipal
corporation, duly incorporated ~der~the laws off the State of
Texas, for value received, hereby promises to pay to the bear-
er hereof on~ the tst day of October,~ 19 '_, the sum of
01~ THOUS~:~I[~ DOLLf~S
in lawful money of the United States o~ lamer_ca, wzth interest~
from date hereof at the rate of Four ~er 0ent (4~) per annum,
until paid, payable October-l, i9~9, and semi-annually thereafter
on the first days of April and October of e~ch year; both princi-
pal and interest of this bond are payable upon presentation and
smrrender'of bond or pro,er coupons at the First National Bard,s,
in ~allas, ~ailas, Texas, mad the City of 21ainview is hereby
held and firmly bound, and its faith and credit ~d ati rea! and
personal property in the said 0ity are hereby pledged for the
prompt payment o£ the principal of this bond and the interest
thereon at.maturity.
THIS BOND is one of a series of Ten {!0} bonds,
numbered brom One il) to Ten {!0) both inclusive, of the denomi-
nation of One Thousand Dollars i~l,000o00) each,?ggregating the
sum of Ten Thousand Dollars (~10,000o00~ i~sued mcr the purpose
of construction and improvement of streets of the City of Plain-
view, Texas, under and by virtue of the Constitution and laws of
the State of Texas, including Title SE, Chapters I and ? Revised
Statutes of Texas, 19~, and the provisions of the City Charter,
~nd in pursu~£uce of an ordinance p~ssed by the City Council of
the City of Plainview, Texas, which ordinance is of record in
the minutes of said Council.
IT IS HE~REBY 0ERTIPIED F~D RECITED that the issu-
smce of this bond, m~d the series o£ which it is a part, is
duly authorized by law and by vote of ~he qualified property
taxpaying voters of the City of Plainview, Texas, voting at a~
elebtion held for thaz purpose within said city on the 30th
day off August, 1938, that all acts, conditions and things re-
quired to be done precedent to and i~ the issuance o£ this
series of bonds, and of this bond have been properly done m~d
performed, and have happened in regular and due time, form and
manner as required by law; that~ sufficient and proper provision
for the levy and collection of taxes has been made, which when
collected shall be appropriated exclusively to the payment of
this bond and of the series of which it is a part, and to the
payment of the interest coupons hereto annexed as the same shall
become due; 'and that the total indebtedness of said city, of
Plainview, including the entire series of bonds of which this is
one, does not exceed any constitutional or statutory limitation.
IN ~ITI~£SS WHEREOF, the City of Plainview, by its
Oity Council has caused its corporate seal to be affixed hereto
and this bond to be signed by its F~yor, countersigned by its
City Secretary and the interest coupons hereto attached to be
execute~ by the lithographed signatures of the Eayor and City
Secretary, The date of this bond in conformivy with the ordin-
ance above re£erred to, being the 1st day o£ October, 1938.
Countersigned:
J. Z.. Galiaway
CiTY SECRE~?~RY, City
view, Texas,
Tom Shelton
IX.
The for~ of coupon shall be substantially as follows:
On the !st day of
, 19
The City of Plainview, Texas wi!! pay to bearer at the First
l~ational B~ak in Dallas, Dallas, Texas, the sum of
...... DOL.'BARS
in lawful money of the U~ted States of ~erica, being six months'
interest due that date on Oity~ of ~l~nv~ew Street ImprovemSnt
Bond dated the 1st day of October, 1938.
City of---
Piainview, Texas.
~ity o'f ~tainview, Texas.
The :following oeritficate shall be printed on the back of
each bond,:
OPPIOE OP CO}~PTiqOL~R
STATE OP T~XA,s
I HEiqEBY OERTIPY that there is on file and of record
in~n~y office a ceriificate of the Attorney General o£ the State
o£ Texas to the effect that this bond has been exarnined by him
as required by law, and that he finds that it has been issued
in conformity with the Constitution and laws of the State of
Tex~s, and ~;hat it is a valid and binding obligation upon said
City of Plainview, Texas, and ,said bond has this day been re-
gistered by
¥~ITi{ESS my hand and seal of office at Austin, Texas,
this the ~_. _ d&y of _, 19~8.
~7iler of "~ubl'io Accoun~--~f
the State of Texa2.
XZ.
IT IS PURTHER ORDAINED BY THE CiTY 0OUi{OIL of the City of
Pl~inview, Texas, that ~o pay the interest on said bonds and crc-
ere a si~2d~ing fund sufficient to redeem them at maturity, a tax
of one-half cents on each One Eundred ~'oilars' valuation
of taxable property in the Oity o£ Plainview shall be annu-
ally levied on said property and annually assessed aud collect~
ed or so much thereof or in addition thereto as may be require~
until said bonds with interest thereon have been fully paid,
and the said tax o£ one-half cents is here now levied for
the current year 1938 and so mu~h thereof a~ shall be necessary
or in addition thereto as may be req~uire8 is hereby levied for
each succeeding year vfhile said bonds or any of them are out-
standing, and same shall be sn~nually assessed and collected
and applied to k~he purpose named. That for the year 1939 and ~.
each succeeding year while any of said bonds or interest there-
on are outstanding a~ud unpaid, amd at the time that other city
taxes are determined, a tax rate based upon the latest gpproved
tax rolls of the 0ity shall be calculated, and said rate, requi-
site and sufficient to fully make, raise and produce in each of
the said years a sum of money necessary to pay the interest and
principal maturing in said years, shall be levied, assessed and
collected and stid tax so found to be necessary is hereby order-
ed to be levied and is hereby levied ~d shall be assessed and
collected and applied to the ~urpose named.
XII.
That to pay the interest which will become due on Oct-
ober l, 1939 on this issue o£ bonds in amount of Four Hundred
Dollars (~00.00) there shall be and there is hereby apprpp-
riated out of funds on hand said sum o~ ~2our ~undred Dollars
(~400.00) which shall be set aside sa~d held for the purpose
of paying said interest ~?nen and as the same becomes due and
shall be used for no other purpose.
Xitto
It is ~U'RTHER ORDAINED that Tom Shelton ~/iayor of the
City of Plainview shall be authorized to take aud have .charge
of all necessary records pending investigation by the Attorney
- General, and shall take and have charge and co~ntrol of the
bonds herein authorized pending their approval by the Attorney
Geners~l and registration by the 0omptroller of Public Accounts.
The fact that the-ir~nediate passage and amopt_on of this
ordinance is necessary for the preservation of pub!io peace,
property, health and safety, demand tlhat the rmles requiring
ordinances to be read on more than one date before final passage
be suspended and such rule is hereby suspende~ amd this ordin-
ance is adopted as an emergency measure to take e££eot and be
in force immediately upon its. passage and approval.
iAo~D ~:~.~.~) A~ROVED this 7th day of ~'ovember, i958.
Attest:
Tom Shelt on
~.~yor, 'O-i-ty of '~ ' ' '
± la l~.VleW, Texas.
J, L. Gall&way
g~-~~y, ~ity of Plain-
view, Texas.
There being no further business, meetiz~ adjourned.
~y Se~ ary. ~
P!ainview, Texas, Nov, £1, !9~8.
The City 0ouncit met in regular meeting with the following
members present. ~ayor, Tom Shelton. Aldermen: E.'~. Osborne,
C. H. H~ucock:, ~, ~. ~tson, L. ~. Frogge and L. ~. Kiker. City
Attorney Fraz~ R. Day was present in the meeting..
~inutes of the last meeving read and adopted.
~otion by Alderman Osborne, seconded by ,~lderman Kiker that
the ~011owing be p~ssed as ~ resolution. The motion carried and
the resolution is as follows:
RESOLUTION
WHEREAS, - the '~'~ ' " '
,~mty 0ouncii of the--Oity of Piainview, Texas,
has adopted, passed a~:d approved am ordinance, contract, plans,