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HomeMy WebLinkAbout497 Ord Motion by Alderman Osborne, seconded by Alderman ~alone, that R.N. Tekell.be appointed to a place in the s~eetdepartment, and the salary be $140.0.0 per month, and that Claud Yates be appointed to a place in the wa~er department, and the salary be $140.00 per month. The motion was carried and it was so ordered.. There being no further business, meeting adjourned. Plainview, Texas, November 20, 1944. The City Council me~ in regular meeting with the following mem~ bers present. ~ayor, J.N.Jordan. Aldermen: E.M.0sborne, L.M.Frogge, W.C.Malone and C,H.Hancock. ~ Minutes of the last ~eeting, read and adopted. Ordinance No. 497 ORDINANCE AURTHORIZING ISSUANCE OF &50,O00.O0 ~CITY'0F PLAINVIEW, TEXAS AIRPORT BONDS" STATE TEXAS CITY OF PLAI~WIEW C OL~TY OF HALE ON THIS the 20th day of November, 1944, the City Council of the City of Plainview, Texas, convened in. ~egular session, at the regular meeting place in the City Hall, with the following mem- bers thereof, to wit: J · N · JORDAN, MAYOR, E .M. OSBORiIE, ) W. C .MALONE, ) C. H. HANC 0 CK, ) ALDERMEN, L .M. FROU~GE, ) present, and the following absent: Ben F.Smith , Constituting a quo- rum, when, among other proceed~ings had, Were the foli~owing: The Mayor placed before the City Council the following or- dinance: ,'AN. ORDINANCE by the City Council for the City of Plainview, Texas, authorizing the issuance of bonds for the principa! sum of $50,~00.00 For the purpose of acquiring and improving an Airport for said city; pre's~r~.hing the form of thebonds and the form of the inter- est coupons; levying a continuing direct annual advalorem tax on all taxable~roperty within the limits of said City to pay the interest on such bonds and to create a si'nk~ng fund for the redemption thereof and providing for th~ assessment and cb~ilection of such taxes; enacting the provisions incident and relating to ~h& subject and purpose of this ordinance; and declaring an emergency,. Alderman Frogge moved that the ordinance be placed on its first readi.ng, se?onded by ~lderman 0sbo'rne ~, and carried by the fol- lowing vote AYES. ~re .ge , ~0sb~o~ne , Hanc0¢k..' 'and Malone . ~ NOES :' None. CARRIED: Placed on first reading. Alderman Malone moved that the ordinance pass firstlreading, seconded by Alderm~n 'FrOgge , and carried by the following vote: AYES: Aldermen Malone, Frogge, Osborne and Hancock. NOES., None CARRIED: Ordinance pass first reading. Alderman Frogge ~moved that the rule be suspended and that the ordinahoe' be placed on second reading; seconded by Alderman ,0sT borneo, and carried by the following AYES: Aldermen Fr0gge, OSborne, Mal~ene.and Hancock. NOES: None. CARRIED: Ordinance placed on second reading. Alderman Osborne moved that the ordinance pass' Second read~ ing; seconded by ~lderman Malone., and carried by the following vote: AYES: Aldermen Osborne,.. Malone," ~Frog~me and Hancock. NOES: None. ~ .... · CARRIED: Ordinance passed on Second reading. Alderr~an Frogge .moved t~t the rule be suspended and that the ordinance be placed on ~ts thi~i~ and~ 'final reading by caption, seconded by Alderman Malone , and'"ca~rie.d~ by the following 'Vote: AYES: Aldermen Frogge, Osborne, Hancock and Malone. NOES: None. CARRIED: Ordinance passed on third reading. Alderman Osborne moved that. the ordinance pass third and final r~ading; seconded b~'~A'lderman' Ma!on~ , and carried by the fol- lowing vote: AYES: Aldermen Osborne,, Malone, Ha~ncock and Frogge. The Mayor then declared the ordinance finally p~SSe¢~ and adopt®d. The ordinance follows: 365 "AN ORDINANCE by the City Council for the City of Plainview, Texas, authoriming the issuanceOf bonds for the principal sum of $50,000.00 ~or the purpose of acquiring and improving an Airport for said. City; prescribing the form of the bonds and the fore. of the in- terest coupons; levying a continuing direct an~.ual advalorem tax on all taxable property within the limits of the said City to pay the in- terest on such bonds and bo create a sinking fund for the redemption thereof and providing for the assessment and collection of such taxes; enacting the prOvisions incident'and ~elating to the subject and pur- pose of this ordinance; and declaring an emergency.- ~r~REAS, at an election held in the City of Plainview, Texas, on the 3rd day. or.November, 1945, a m~jority of the qualified voters who are prope~tly ~a~oayers of the City of Plainview, voting at said e- lection, susta~ined t~e proposition to issue the bonds hereinarter de- scribed in the principal s~m of $50,000.00 by a vote-of 781 for and $9 against the proposition; WHEREAS, this Council has examined into and investigated the regularity of the prooeedi~gs for said election and finds the same was duly and legally held; that the notice required by law to be given; and that said election was condected in strict conf6rmity with the law; therefore, BE IT ORDAINED BY THE. CiTY COD~NCIL OF T~iE CITY OF PLAIN- VIE~V, TEXAS: SECTION l: That the bonds of said City, to be called "CITY OF PLAINVIEW, TEx~S~ AIRPORT BONDS", be issued under and by virtue of the Constitution and laws of the State of Texas, for the purpose of acquiring and improving an Airport for said City, in the principal sum of FIFTY THOUSAND DOLLARS ($50,000.00). SECTION 2: That said bonds shall be numbered consecutively from One (~y (50), both inclusive; shall be of the denomina- tion of 01VE THOUSAND DOLLARS ($1,000.00) each; aggregating the sum of F~FTY T~0USAND DOLL~RS ($50,000.00). SECTiONa3: That~they shall be dated December 15, 1944, and shall beco~R-d~~'~ ~d payable serially according to the following schedule: BOND ND~BERS (A-i~Inclusi~e) MATURITIES ~0LP~TS i and 2 December 15, 19~5 $ 2,000.00 3 December 15, 1956 1,000.00 4 and 5 December 15, 1947 2,000.00 6 and 7 December 15, 19~$ 2,000.00 8 and 9 December 15, 1949 2,000.00 l0 and ll December 15; 1950 2,000.00 ~2 to l~ December 15, 1951 3,000.00 15 to 17 December 15, 1952 3,000.00 18 to 21 December 15', 1953 $,000.00 22 to 25 December 15, 195~ ~,000.00 26 to 30 December 15, 1955 5,000.00 31 to 35 December 15, 1956 5,000.00 36 to 40 December 15, 1957 5,000.00 $l to 45 December 15, 1955 5,000.00 &6 to 50 December 15, 1959 5,000.00 SECTION 4: That said bonds shall bear interest from date until paid a---~"the rate of ~0AND ONE-FOURTH PERCENTU~! (2~%) per an- num, payable semi-annually on June 15th and December 15th in each year, the first interest payment date being Dcember 15, 1945, and such interest shall be evidenced ~y proper coupons attached to each of said bonds~ SECTION 5: That the principal and interest of said bonds shall be payable on ~resentation and~surrender of bonds or proper coupons, in lawful money of the United States of America, at FIRST NATIONAL BANK IN DALLAS, DALLAS, TEXAS. SECTION 6: That each of said bonds shall be signed by the Mayor, coun"t~rs~gned by the City Secretary, and the corporate seal of the"CITY OF PLAINVIEW, TEXAS~ shall be impressed upon each of them. SECTION 7: That the facsimile signatureS of' the Mayor and City Secretary may be lithographed or printed on the inteEest coupons attached to said bSnds, and sh~ll have the same effect as if they had been signed by them. SECTION 8: That the form of said bonds shall be sub- stantially ~s follows: NO. %~ITED STATES OF ~d~ERICA, $1,000.00 STATE OF TEXAS, C0%~TY' OF HALE. CITY OF PLAINVIEW, TEXAS, AIRPORT B0t~D CITY OF PLAINVIEW, a municipal corporation of the State of Texas, acknowledges itself indebted to and, FOR VALUE RECEIVED, hereby promises to pay to bearer, the sum of ONE THOUS~ND DOLLARS ($1,000.00), in lawful money of tke United States of Americas on the FIFTEENTH DAY OF DECEMBER, 19 ., With interest thereon from the date hereof until paid at the rate of TWO AND 0NEaFOURTH PER CENTUM (2~-~). per annum, payable semi-annually on June 15th and December 15th, in each year, the first interest payment date being December,iSth, 19&5, on presentation and surrender of the annexed coupons as they severally mature. BOTH PRINCIP~AL and interest of this bond are hereby made payable at FIRST NATIONAL BANK IN DAllAS, DALLAS, TEIJ~S~ and for the prompt payment of this bohd and the interest thereon at maturity, the full faith, credit and'reSources of the City of Plainview, Texas, are hereby irrevocably pledged. THIS BOND is one of a s'eri6s of like tenor and effect, except as to number and maturity, numbered consecutively from One (1) to Fifty (50), both inclusive, in denomination of One Thousand Dollars !$1,000,00) each, aggregating in amount Fifty Thousand Dollars ($50,000..00) and issured for the purpose of acquiring and improving an Airport for. said City-, under authority of the Constitution and laws of the State of TeXas, particularly the Charte~ of the City of Plainview and Chapter 83 of the General Laws passed by the Forty-first Legislat~ure at its First Called Ses- sion in 1929, as amended, pursuant to ordinance duly adopted by the City Council of the City of Plainview, Texas, and recorded in the ~linutes of the City Council. iT IS HEREBY CERTIFIED, RECITED~ A~D REPRESENTED that the issuance of this bond and the eeries of which it is a part, is duly authorized by law and by a vote of the qualified property taxpaying voters of the City of Plainview, Texas, voting at an election held for that purpose within said City on the 3rd day of November, ]19~+~; that all acts, conditions and things required to b~ '~on~ p~ecedent to an in the issuance of this series of bonds, and of this bond, have been properly done and 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 collec- tion of taxes has ,been made which, when collected, shall be approp- faired exclusively to the pay~aent of this bond and 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 the City of Plainview, Texas, including the entire series of bonds of Which. this is one, dOes not exceed any cons~ti- tutio~lp~o~ statutory limitation. IN WITNESS %~REOF, the City Oouncil of the City of Plainview, Texas, has.' caused the seal of said City to b~ affixed hereto, and this bond to be signed by the Mayor and countersigned by the City Secretary, and the interest coupons hereto attached to be e~out.ed by the lithographed or printed facsimile signatures of' said Mayor and City Secretary;' the date of this bond, in con- fortuity with the Ordinance above referred to, being the fifteenth day of December, 19~4. COL~'TERSIGNED: Mayor, 'ity o~ Plainview,  Texas. City 'of Plainview, Texas. SECTION 9: That the form of interest coupon attached to each 5f Said bonds shall be subst~a~ially as follows: NO. ON ~ DAY OF , $ '19 , the CITY OF PLAINVIEV.~, a municipal corporation of the State of Texas, hereby promises to pay to bearer, at FIRST NATIONAL BAkrK IN DALLAS, DALLAS, TEXAS, the sum o f DOLLARS ($ ), in lawful money of the United States of America, said sum being months' interest due that day on the "CITY OF PLAINVIEW, TEXAS, AIRPORT BOND", dated December 15, 194~.. ~ond No. . city Sec-~etar'y. '' ~ yor. SECTION 10: That the following certificate shall be printed o-~~k of each bDnd: OFFICE OF C0~PTROLLER .~ STATE OF I~XAS ~ REGISTER NO. I HEREBY CERTIFY that there is. on file and of record in my' office a certificate of the Attorney. General of the State of Texas, to the effect that this bond. has been eXamined 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 Texas, and that it is a valid and binding obligation upon said City of Pl~inview, Texas, and said bond has this day been registered by meo WITNESS MY HAND A10 T~ SEAL OF MY OFFICE at Austin, Texas, this the day of , t9 . Comptroller of Public Account's of the State of Texas. OF TPE~ SECTION 11: BE IT FURTHER ORDAINED BY THE CITY COLU~ICIL CITY OF PLAtNVIEW, TEXAS: That to pay the interest on said bonds and create a sinking fund sufficient to redeem them at maturity, a tax of SIX CENTS ( 6~ ) on each one hundred dollars' valuation Of all "taxable p~r~perty in the City of Plainwiew, Texas, or such an amount as may at all times be legally nec- essary, shall be annually levied on said property and annually assessed and collected, or so much thereof as shall be necessary, or in addition thereto as may be required, until said bonds ~with interest thereon have been fully paid; and said tax of SIX CENTS (___~) is here now levied for the current year, and so much there- of as shall be necessary, or in addition thereto as mays be re- quired, is hereby levied for each succeeding year while said bonds, or any of the, are outstanding, and-the same shall be annually assessed and collected and applied to the purpose named. SECTION 12: BE IT FURTHER ORDAINED BY TP~ CITY COUNCIL OF THE CITY OF PL~INVIEW, TEXAS: That the Mayor of said City .shall be, and he is hereby, authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas, and shall take and have charge and control of the bonds herein authorimed pending their approval by the Attorney General and their registration by the Comptroller of Public Accounts. SECTION 13: AND BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEEAS: The public importance of this measure, and the fact that it is to the best intereEt of the City to acquire and improve such Airport at the earliest possible date, constitute and create an emergency and an urgent p~lic necessity requiring that the r~les, providing for ordinances 'ko be read more than on~ time or at more than one meeting be suspended, and requiring that this ordinance be passed as and take effect as an emergency measure, and such rules and provisions are accordingly suspended and this ordinance is passed as an emergancy measure and shall take effect and be in force from and after ~its passage. PASSED AND APPROVED, on this the 20 day of November, 194~. J.N. Jordan · May6'r!~ 'city of ~lain~'ew,~ Texas.-~ ATTEST: J.L. Gallaway . .~' · w Uity Secretary, city of Pla~nvze , Texa~. ( CITY SE~kL) ORD!~NCE AUTHORIZING ISSUANCE OF $50,000.OD "CITY OF PLAINVIEW, TEXAS, STREET I~PROVE- MENT BONDS ·" THE STATE OF TEXAS ~ CiTY OF PLAINVIEW $ COUNTY OF HALE ~ ON THIS the 20th day of November, 19~4, the City O~uncil of the City of Pl~inview, Texas, convened in REGULAR session, at the regular meeting place in the City Hall, with the following members thereof, to-wit: J .N. JORDAN, MAYOR E .M. OSBORI~E , ) W. C. MAL ONE, ) ALDEPJ~AN, CD~. HANC 0CK, ) L ~. FROGGE, ) Present, and the following absent: Ben F. Smith, constituting a quorum, when, among other proceedings had,. w~e the following: The Mayor ppaced before the City Oouncil the following ordinance: "AN ORDINANCE by the City Council for the City of Plainview, TeEas, authorizing the issuance of. bonds