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HomeMy WebLinkAbout441 OrdinanceSTATE O~ T~EA.S ~ ~ 0.OUNTY O~~ HAI;E ]' $ CITY O? PL~INVIEW $. NO. ~1 On this, the 6th day of ~rch_~, 19S9, the. City Council of the City of PI&ItT¢IE~4 TEX&S, convened in session in the Council Room in the City Hall, all mem, bets thee:eof, to-wit: Tom Shelton, E. ~ Osborne C, H. Hancock L. N, ~rogge Z, W, Hiker ~yor, ,. __): Aides,men _) ~ud J, L. G~llaway, ~ity Secretary, being present,-aud among other business trausacted, the following ordinance was passed. AN ORDINANCE BY THE CITY 0.0UNOIL 0~ THE CITY O~ PLAIN- VIE%~, T~, AD~DING ~:iOi{DIN.~CE' ADOPTED ~EBRUARY 6, 19~9, WHICH AUTHORIZED THE iSSUANCE O~ EZEVEN THOUSAND DOI~RS($11,000,00) ~ BElgiaNS BONDS; AND DECLARING ~RGENGY Alderman Prog. g.e.. moved that the ordinance be placed on its first reading; seconded by Aldermau Hiker ~and oarried by the following votes: AT,E8: ~rogge ~ , Hiker Hancock Osborne NOES: None, Carried: Pla~e~ on first reading, Z~Lderman Hamoook moved that the-ordin- ~nce pass £irst reading; seconded by Alderman Osborne and car~ried bis the following vote~ ]_18 Kike~ , ..... Fregge NOES: Echo. Cmrried:' Ordinauce passed first reading, Alderman Eiker moved that the rules be suepeh~ded and that the ordinance be placed on second reading; seconded by A1der~n- Hah.cock ~ _, ~nd osrried by the following-vote: Y~ker Ha~Go ck , NOES: None Garrmed. 0rdin~nce placed on second reading. Alderman Osborne moved that the ordin~uce pass second reading; seconded by Alderman Kiker carried by the following vote: AYES: Frogge Osborne , _ . Eiker Hancock ~ e NOES: I~on , darried: Ordinance pass.ed secgnd reading. ,~ldermmn Osborne mo%ed that the ordinance pass third and final reading; seconded by Alderm~n Ei~gr .... , and csrried by the following vote: passed. ~rogge __ NOES-: None Os borne ~ ~, ~ ~iker ~ ,~, ~yor Tdm ohetton then declared %he ordinance fin~!!~ The ordinaace f0tlo~s: ~ ORDINANCE BY THE CITY COU~CiL 0P THE CITY PL~iNViEW. TF~X~S. A~iNG AN ORDINANCE ~0PTED FEBRU~RY 6. 19~9. ?~ICH AUTHORIZED THE ISSUanCE 07 EI~VEN THOUSAND DOZLA~RS ($11.000.00) OF !%E~UNDING BOi?DS; AI~D DECiJ~ING 'A31 EDESRGENCY BE IT ORDAINED BY THE CITY COUNC!~ O~ THE CITY PIA ii~¢IEW: That the form of bond described in ~ection-IX ef the Ordinance passed by the City Council on the Sixth day of Feb. rusty. 19~9, authorizing the issu_a~.ce of Refunding Bonds in amotmt o~ Eleven Thousand Dollars (SI1.000.00) be. and the same is hereby amended to read as. follows: UNITED STATES OP -~RICA STATE 0P TE~S COUNTY 0P HA~E $1,000 The ~ity o~ Plainvi~. ~ ~tmieipal corporation of the State of TeXas, ac~owledges itself indebted to ~d for value received, hereby promises to pay te bearer She ~m of ONE THOUSJd~D DOLLARS in ][awful money of the United States of America. on the 1st day thereon from date hereof 'until cent (4~) per 2mn~. payable Sept.m embe~ i. i959. and semi-manually thereafter.on the first days ef ]~ch and September of each year, both ~incipat and interest -of this bond payable upon presentation and s~rrender ~f bond or proper coupons at the First National ~ank in Dallas. Dallas. Texas, az~d the said City of Plainvie~. Texas, is hereby ~held ,and firmly bound, and its faith snd (.redit a~d all real and per- sonat property in said City are hereby pledged for the prompt pa~ent of the interest on this bond and the principal thereof at ~aiurity. TRIS BO~ is one of a series of eleven (tl) bonds of like tenor and effect except as to m~t~rity, nUmbered from One (1) to Eleven (ll) inclusive, aggregating Eleven Thousand Dollars ($~.,000,00) issued for the purpose of refunding, cancelling and in lieu of an equal amount of the existing indebtedness of said City and is issued unde~ and in strict conformity with the Cons- titution az~l laws of the State of Texas, including Chapter 163. ~Acts ~of the Regula= ~ession of the ~orty. se~ond Legislature of the 5tats of Texas, effective ~y~ 21,, 1931. in accordance wit~ ~the provisions of the ~ity charter, ~ud p~rsuant to an ordinance ariel)ted by the City Council of the City of Ptainview, Texas. duty recorded in the b~inutes of said City Council. IT IS HEREBY CERTIfiED, ~qECITED and EEF~SENTED that all acts, conditions and things necessary to be &one precedent to smd in the issuance of this series of bonds, in order to make them legal, valid and binding obligations of said City have ~en done. happened and performed in regula~ and due form, as required by law; that the holder (~r holders of this bond. or the series of which it is a part, are and shall be subregated to all the rights and p=ivileges against said City had and Doss? essed by the holders of the orSginal Lndebtedness; .that due pro- vision has been made for levying ~u~ colledting annually by taxa- tion an amount Su££icien~ to pay thd interest on this series of bonds as it ~ud to provide, a sinking fund for the final redemption of said bonds at maturity; ~ud that the issue o 0£ bonds 0£ which this is one, $ogetherwiZh all other indebted- ness of s&i~ Ci~y. iswithin every debt and other limit prescrib, ed by the Constitution and laws of said State. IN ~ITNE~S ~HE~0~, The Oity Council of the City of Ptainview, Texas, has caused th~ seal of said 0ity to be ed he~eto, ~nd this bond .to be signed by its Eayor and Counter- ~igned by'the attached to be of said D~yor and Oity Secretary; the date of this bond, in conformity with the ordinance above re£erred to. being the day of ~rch, 19~9. O o~uter signed: ~fayor, di'tY 'of ylainview, C'iZ~ uecretary, u~ty £ Ptai view, TexaS. The fact that the 0ity ~ouncil is in argent need of the financial relief afforded by the issuance of Eeikmding Bonds authorized by the 0rdinanoe of ~ebrua~y 6, 19~9, u~eales an emergency ~emanding that the rule r~quiring the reading of the 6~dtna~ee~ o~ more tha~ ~one day before final passage be sas- podded, an~ it is ordained that this ordinance shall t~e effect and be .in force immediately upon its passage ~d approval. PASSED THIS 6th day o£ (SF Z) ~Attest: J. L. GALI~AY CiTT ~EC~TARY~ - O~ty of' Te XaS. TOE SHELTON ~STATE O~ TF~XAS $ COUNTY 0F H~E { CITY OY PLAI~¢IE~Y ~ ]21 I, J. L, City Becretary of the City of Plainview, Te~:as, hereby certify that the foregoing is a true aud correct copy of an ordin~uce passed by the City Council of the City of Plainview, Texas, amending an ordinance adopted Pebr~a~y 8, 1939, which authorized the issuance of Eleven Thou- sand Del~s tS11,000.00) Re~tuding Bonds, and the minutes show- lng the adoption of said ordinance, as the same appears on fi~e ~ud of record in m~-office, in BoOk _.~_~, p~e __lE3 et seq., of t~he ~i~utes of said City ~ouncil, I further certify that after its adoption said ordin- ance was place~ in my office and approved ~ud sig~ed by the on tlhe 8th_ day of ..... ~reh ~ ~, 19~9, and that said ordinance h~s been enrolled by me in ~ccordance with the provisions of the City ~harter, da~ of WI'TNESS'myhand and seal of said City this the ~Ia~:oh ., 1939, 6th view, Texas n~ SlGNATUP~ CERT I~ICATE We, the Undersigned, Officers of City of Plainview State of Tex~s indicated by the offioial~title opposite our names, do hereby certify that we did on the 7th day of ~aroh 19~39 officially sign $tl,000,00 Refunding, ~eries 1939 bonds of Oity of Plainvie~w, Texa_s ..... , denominatio~ ~ 1,O00,00 each, dated ~larc~ h~ ....... , t9 39 ~, interest Pour per centum per annum payable .... ~.eptembe_Er i, 19~9.. and semi? annually .... the~eafter~rch. . and September_. 1st each year. said bonds being n~nbere~ and payable as follows, viz.: ~.Nc~bers from t to ll inclusive Due ~arch 1, 1944 to 195~ inclusive beiz~ at the date of s~ch signmtures ~ud on $~s ~th day O~ ~date ef the actual delivery of ssi ~e , duly chosen, qualified and acting of£icers min~icated ther~n mnd authorized to execute the Ne £urther certify that HO ~ITIGA~ION of anynature is now PENDING~or THREATENFiDRESTR&INING~or ENJOinING ihe issuance aud ~ delivery of said bonds or the levy and collection of t~xes t~ p~y the principml ~nd interest, nor in any~manner questioning the proceedings ~nd ~uthority under which the same is made, es- pecially thmt there are ne proceedings disp~ti~g the Co~titution- mli~ of the Act muthorizing the issuance of s~id bonds, or ~ffeet- ing the va~lidity of the bonds ~the~eunder; that neither the. GOR~ 2ORATE F~ISTENOE or BOU2~DARIEH no~ the TITLE of the present O~EICERS to their respeQtive oE~ices is being contested; and that no amth~ri~y er proceedings £or the issuance of said bonds have been repealed, revoked or rescinded, Tha~ the ~a¢,simile signature ef Tom Shelton, Z~aye.r and ~. L, _Gallaway, Cit~., ~e~retary ............ upon the coupons of said bonds and~ the corporate seat of the ,, Oity ~ of ~Plain~iew, Texas is correctly impressed on all of said bonds. Done ~nd delivered and sealed at Ple~nview, Texas this ~th ~day of__~areh ~ , SIG NATURE Tom Shelton j. ~ G , ~ allaw, ay O~FI0 IAL T ITT~S 0ity Sec eta~y OFfICiAL SEkL HEP~ I ~REBY CERTifY tha~ the signatures of~the officers abo~e subscribed and the impression of the corporate se~l are true and genuine. G. H ~hrz er 0ashier seal here B~nk Dated at Plainview~ , Texas ghie ?th ,, day of ~?oh .... , 19 gg_, Eotion by Alderman Eiker. seconded by A!dermea~ rogge. that the £olloMing ordinance be p~ssed and adopted, The motion was o~rried ~cud it w~s ~o ordered, and the ordinance £ollews: