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HomeMy WebLinkAbout1971-037 NO AN ORDINANCE AUTHORIZING THE ISSUANCE OF ONE HUNDRED FIFTY-FIVE THOUSAND AND NO/lO0 ($155,000 00) DOLLARS OF CITY OF DENTON WARRANTS, SERIES 1971, LEVYING A TAX TO PAY THE PRINCIPAL AND INTEREST THEREOF, PROVIDING FOR THE METHOD OF THE EXECUTION, ISSUANCE AND DELIVERY THEREOF, AND ORDAINING OTHER MATTERS RE- LATING TO THE SUBJECT WHEREAS, the City Council of the City of Denton, Texas, has heretofore determined the necessity for the construction of a fire station, and the purchase of sanitation collection equipment to be paid from the general funds of the City, and WHEREAS, th~s ordinance ~s subject to, and passed pursuant to the provisions of Chapter 163, Acts of the Regular Session of the Forty Second Leq~slature, known as the "Bond and Warrant Law of 1931", now therefore THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS 1 That the construction and purchase of the sa~d fire station and sanitation equipment be and the same are hereby authorized by the C~ty of Denton, Texas, as a qeneral fund obligation 2 That the required contracts between th~s C~ty and the res- pect~ve parties have been executed in the form approved by the City Attorney 3 That the Warrants of the City of Denton, to be called "C~ty of Denton Tax Obligation Warrants, Ser~es 1971", be issued under and by virtue of the Constitution and Laws of the State of Texas, ~n the amount of One Hundred F~fty-F~ve Thousand and No/lO0 ($155,000 00) Dollars, for the purpose of funding said f~re station and sanitation collection equipment 4 Sa~d Warrants shall be numbered consecutively from One (1) to F~ve (5), both ~nclus~ve, for the amount ~ndlcated below, and shall become due and payable as follows WARRANT NUMBER MATURITY DATES AMOUNTS 1 October 1, 1972 $31,000 O0 2 October 1, 1973 $31,000 O0 3 October l, 1974 $31,000 O0 4 October l, 1975 $31,000 O0 5 October l, 1976 $31,000 O0 5 That as to said Warrants the City of Denton shall have the right and option of redeeming such Warrants prior to their scheduled maturities, ~n whole, or in part, on October 1, 1972, or on any ~n- retest payment date thereafter, for the principal amount thereof plus accrued ~nterest to the date f~xed for redemption At least thirty days before the date fixed for any such redemp- tion, the City shall cause a written notice of such redemption to be ma~led to the F~rst State Bank of Denton, Denton, Texas By the date f~xed for any such redemption, due provision shall be made with the paying agent for the payment of the principal amount of the warrants to be so redeemed, plus accrued interest thereon to the date f~xed for redemption If the written not~ce of redemption ~s mailed, and if due provision for payment ~s made, all as provided above, the warrants which are to be so redeemed thereby, automatically shall be redeemed prior to maturity, and they shall not bear ~nterest after the date fixed for redemption, and shall not be reqarded as being outstanding except for the purpose of rece~wng the funds so provided for such payment 6 That sa~d Warrants shall be dated October 1, 1971 7 That said Warrants shall bear ~nterest from their date at the rate of F~ve (5%) per cent per annum, evidenced by coupons pay- able October l, 1972, and annually thereafter on each October 1st 8 That the principal of and interest on said Warrants shall be payable ~n lawful money of the United States of America upon presen- tation and surrender of warrant or proper coupon at the First State Bank of Denton, Denton, Texas, without exchange or collection charges to the owner or holder thereof 9 That each of sa~d Warrants shall be signed by the Mayor, countersigned by the C~ty Secretary, and the Seal of the C~ty of Denton shall be ~mpressed upon each of them 10 That the facsimile s~gnatures of the Mayor and C~ty Secre- tary may be l~thographed or printed upon the coupons attached to -2- said Warrants and said printed or l~thographed signatures shall have the same effect as ~f they had been executed manually by said offi- cers 11 The form of Warrants shall be substantially as follows No $ UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON TAX OBLIGATION WARRANT SERIES 1971 The City of Denton, in the County of Denton, State of Texas, acknowledges ~tself ~ndebted to, and promises to pay to the bearer hereof on the 1st day of October, 19 , the sum of DOLLARS ~n lawful money of the Un,ted States of America, w~th ~nterest there- on from the date hereof at the rate of F~ve (5%) per cent per annum, evidenced by coupons payable October l, 1972, and annually thereafter on October 1st of each year, and the C~ty Director of Finance, being ~ts Treasurer, ~s hereby authorized, ordered and directed to pay to bearer said principal sum together w~th ~nterest thereon evidenced by coupons hereto attached, both principal and ~nterest payable at the First State Bank of Denton, Denton, Texas, w~thout exchange or col- lection charges to the owner or holder hereof The full faith and credit of the C~ty of Denton, Texas, and all of the taxable property ~n said City are hereby ~rrevocably pledqed for the prompt payment of the principal of th~s Warrant at maturity and the interest thereon as It accrues The Warrants of this Series scheduled to mature on and after October l, 1972, may be redeemed prior to their scheduled maturities, ~n whole, or ~n part, at the option of said C~ty, on October l, 1972, or on any ~nterest payment date thereafter, for the principal amount thereof plus accrued interest to the date f~xed for redemption At least thirty days before the date fixed for any such redemption the -3- C~ty shall cause a written notice of such redemption to be ma~led to the F~rst State Bank of Denton, Denton, Texas By the date fixed for any such redemption, due provision shall be made with the pay~n~ agent for the payment of the principal amount of the Warrants to be redeemed, plus accrued interest thereon to the date f~xed for redemp- tion If the written notice of redemption 1s mailed, and if due pro- ws~on for such payment is made, all as provided above, the Warrants which are to be so redeemed thereby, automatically shall be redeemed prior to maturity, and they shall not bear ~nterest after the date f~xed for redemption, and shall not be regarded as being outstanding except for the purpose of receiving the funds so prowded for such payment Th~s Warrant ~s one of a ser~es of Five (5) Warrants of l~ke tenor and effect, except as to number, denomination, maturity and right of prior redemption, numbered consecutively from One (1) to F~ve (5), both inclusive, of the denomination of Thirty-One Thousand (#31,000 00) Dollars each, for a total of One Hundred Fifty-Five Thousand ($155,000 00) Dollars, issued for the purpose of ~mprovlnq the City's fire department and sanitation collection equipment, under and by virtue of the Constitution and laws of the State of Texas, and pursuant to an Ordinance passed by the City Council of the C~ty of Denton, Texas, duly recorded ~n the minutes of sa~d C~ty Council The date of th~s Warrant ~n conformity w~th the ordinance above mentioned ~s the 1st day of October, 1971 AND IT IS HEREBY CERTIFIED AND RECITED that the issuance of th~s Warrant and the ser~es of which it is a part ~s duly authorized by law and that all acts, conditions and things required to be done precedent to and in the issuance of th~s ser~es of Warrants and of th~s Warrant have been properly done and performed and have happened ~n regular and due t~me, form and manner as required by law, and that the City of Denton has received full value for this Warrant, that due prows~on has been made for levying and collecting annually by taxation -4- an amount sufficient to pay the interest on these Warrants as it falls dua and to provide a sinking fund for the final redemption of said Warrants at maturity, that the issuance of Warrants of which this is one, together with all indebtedness of said City is within every debt and other limit prescribed by the Constitution and laws of the State of Texas IN WITNESS WHEREOF, the City of Denton, by its City Council, has caused the Seal of said City to be hereto affixed and this War- rant to be signed by its Mayor, countersigned by its City Secretary, and the interest coupons hereto attached to be executed by the lltho- graphed or printed facsimile signatures of the Mayor and City Secre- tary COUNTERSIGNED BROOKS 'HOLT, CITY SECRETAR'Y 12 The form of coupon shall be substantially as follows ON THE 1ST DAY OF , 19 The Director of Finance, being the Treasurer of the City of Denton, Texas, will pay to bearer, unless due provision has been made for the redemption prior to maturity of the Warrant to which th~s interest coupon is attached, the amount of DOLLARS in lawful money of the United States of America, without exchange or collection charqes to the bearer, upon presentation and surrender of this interest coupon, at the First State Bank of Denton, Denton, Texas, said amount being interest due that day on the Warrant bear- lng the number hereinafter designated, of that ~ssue of City of Denton Tax Obligation Warrants, Series 1971, dated OctOber l, 1971 No '5- ALEXANDER M FINLAY, JR , MAYOR 13 That a special fund to be designated "City of Denton Tax Obligation Warrants, Ser~es 1971 Fund", is hereby created and the proceeds from all taxes collected for and on account of this ser~es of warrants shall be credited to said fund for the purpose of pay- lng the interest as ~t accrues and to provide a s~nk~nq fund for the purpose of paying each installment of principal as it becomes due, and said fund shall be used for no other purpose For each year while any of said warrants or ~nterest thereon are unpaid, there shall be computed and ascertained, at the t~me other taxes are levied, the rate of tax based on the latest approved rolls of sa~d City as w~ll be requisite and sufficient to make, raise and produce in each of said years a fund to pay the interest as ~t accrues and to pay the pr~nclas it matures, or to prowde at least two (2%) per cent of the principal as a s~nk~ng fund, whichever ~s greater, full allowance be- lng made for delinquencies and costs of collection A tax at the rate as hereinabove determined is ordered to be levied and ~s hereby lev~ed against all of the taxable property in sa~d City for the current year and for each year thereafter wh~le sa~d warrants or any of them are outstanding and unpaid, the sa~d tax each year shall be assessed and collected and placed ~n the fund hereby created and the Director of Finance shall honor warrants against sa~d fund for the purpose of pay- lng the interest on and principal of sa~d warrants and for no other purpose 14 After sa~d Warrants shall have been executed as hereinabove provided, they shall be held ~n the custody of the City Secretary to be delivered only at such times and in such amounts as hereinafter d~rected by the City Council of the C~ty of Denton, Texas PASSED AND APPROVED th~s the~day of ,~J~ , -6- BROOKS NOLT, CITY SECRETARY CITY OF DENTON, TEXAS I, the undersigned, City Attorney of the C~ty of Denton, Texas, hereby certify that I approve as to legality the attached and fore- go~ng Ord3nance prior to ~ts passage as aforesa3d JA/61~/Q BARTON, CITY ATTORNEY /lry OF DENTON, TEXAS -7-