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ORD 1994-22 - Claim - Delivery CO - 60 inch Flail Mower 08-09-1994ORDINANCE NO. 94 -22 AN ORDINANCE APPROVING CLAIM AND DELIVERY OF A CERTIFICATE OF OBLIGATION FOR A ONE (1) NEW AND UNUSED 60" FLAIL MOWER; AND CONTAINING OTHER PROVISIONS RELATED HERETO. WHEREAS the City of Huntsville, Texas (City) found that it was advisable for the City to purchase one (1) 60" flail mower and that Certificates of Obligation be issued by the City for all or any part of the cost of same; and WHEREAS WHEREAS WHEREAS the notice for the action to issue Certificates of Obligation was published at the times and in the manner required by law; and the City awarded a contract to Watson Distribution (Houston) in the amount of $11,480 as the lowest and best bid for the purchase of the flail mower; and the City Council wishes to authorize payment thereof and delivery of a Certificate of Obligation. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: SECTION 2: There is now due and owing to Watson Distribution (Houston) in the sum of $11,480. The Certificate of Obligation herein authorized to be delivered shall bear interest at the rate of 5.49 % per annum from date of initial delivery shown on the face of such certificate. SECTION 3: There shall be executed and delivered to Watson Distribution (Houston) a City of Huntsville, Texas, Equipment Acquisition Certificate of Obligation, dated August 10, 1994. SECTION 4: The Mayor, City Secretary and other appropriate City officials are hereby authorized and directed to deliver the Certificate and to do any and all things necessary or convenient to carry out the terms of this ordinance. INTRODUCED, READ AND PASSED by the unanimous vote of the City Council of the City of Huntsville, on this the 9th day of August, 1994. CITY OF HUNTSVILLE, TEXAS W. H. Hodges, May ATTEST: Danna Welter, City Secretary APPROVED: ../ • *. / S ott Boun rs, City Attorney Dated: July 26, 1994 Amount: $11,480 Issued: August 10, 1994 Register No. 94 -05 UNITED STATES OF AMERICA COUNTY OF WALKER STATE OF TEXAS CITY OF HUNTSVILLE, TEXAS, EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION The City of Huntsville, a Municipal Corporation of the State of Texas, acknowledges itself indebted to and FOR VALUE RECEIVED hereby promises to pay to the registered owner hereof in installments and on the dates as below indicated the total sum of Eleven Thousand Four Hundred Eighty And No/ 100 Dollars ($11,480) in lawful money of the United States of America, with interest thereon from date of issue until paid at the rate of 5.49% per cent per annum, payable on August 10, 1995, and annually thereafter on the 10th day of August of each and every year as hereinafter provided until such sum is fully paid. BOTH PRINCIPAL AND INTEREST on this Certificate of Obligation are hereby made payable in Huntsville, Walker County, Texas, without exchange or collection charges to the registered owner hereof, with such payments to be due on the dates and in the amounts as follows: DATE PRINCIPAL INTEREST TOTAL 1995 $ 2,870.00 $ 630.25 $ 3,500.25 1996 2,870.00 472.69 3,342.69 1997 2,870.00 315.13 3,185.13 1998 2,870.00 157.56 3,027.56 TOTAL $ 11,480.00 $ 1,575.63 $ 13,055.63 The City reserves the right to prepay all or any part of this Certificate at any time prior to the due date or maturity thereof without premium or penalty of any kind. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the issuance of this Certificate of Obligation, to render the same lawful and valid have been properly done, have happened and have been performed in regular and due time, form and manner as required by law; that due and proper provision has been made for the levy of a direct and continuing annual ad valorem tax against all taxable property within the said City sufficient to pay the interest on this Certificate of Obligation as due and to provide for the payment of each installment of principal as same matures; that the City has received full value and consideration for this Certificate of Obligation and that the total indebtedness of the City of Huntsville, including this Certificate of Obligation, does not exceed any constitutional or statutory limitation. This Certificate shall be registered as to principal and interest in the owner's name upon books of the City to be kept for that purpose at the office of the Finance Director of the City, the registrar, such registration to be noted hereon. After such registration, no transfer of this Certificate shall be valid unless made on the City's books at the request of the registered owner hereof, or his duly authorized agent, and similarly noted hereon. IN TESTIMONY WHEREOF the City Council has caused the seal of said City to be impressed hereon and this Certificate of Obligation to be signed by the Mayor and attested to by the City Secretary, the date of this Certificate of Obligation being the 10th day of August, 1994. DATE OF INITIAL DELIVERY OF THIS CERTIFICATE: /- 6/1 ATTEST: anna Welter, City Secretary ASSIGNMENT AND TRANSFER Full consideration therefor being hereby acknowledged, this Certificate of Obligation was delivered to Watson Distribution (Houston), the original holder, on this the I to day of 1994, and by it hereby assigned and transferred to C. M. Brown. WATSON DISTRIBUTION (HOUSTON) CERTIFICATE OF REGISTRATION IT IS HEREBY CERTIFIED that I have this day registered this Certificate as to principal in the name of the holder as indicated in the registration blank below, on the books kept by me for such purpose. The principal of and interest on this Certificate shall be payable only to the registered holder named in the below registration blanks. Name of Registered Holder C. M. Brown Signature Date of Finance Director Registration (Registrar)