ORD 1981-30 - CO Fire EquipmentORDINANCE NO. 81 -30
AN ORDINANCE AUTHORIZING ISSUANCE OF A CITY OF HUNTSVILLE
FIRE EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION IN
THE AMOUNT OF $155,415.00; AND CONTAINING OTHER PROVISIONS
RELATED TO THE SUBJECT.
WHEREAS, the City Council of the City of Huntsville received competitive bids
for a ladder pumper truck and awarded a contract for said fire equipment
acquisition in accordance with Texas Revised Civil Statute article 2368a.1;
and
WHEREAS, the City authorized the publication of a notice of intention to issue
Certificates of Obligation, payable from City ad valorem taxes, for the
purpose of evidencing the indebtedness of the City for all or part of
the acquisition of the ladder pumper truck at an amount not to exceed
$160,000.00; and
WHEREAS, the notice of intention to issue Certificates of Obligation was pub-
lished at the time and in the manner required by Texas Revised Civil
Statute article 2368a.1 on March 11, 1981 and March 18, 1981.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS:
Section 1: The City Council ratifies the contract with Mack Trucks, Inc. to
acquire the ladder pumper truck and hereby confirms the contract to ac-
quire said equipment.
Section 2: A single series interest bearing Certificate of Obligation of the
City of Huntsville, Texas, to be known and designated as "City of Hunts-
ville Fire Equipment Acquisition Certificate of Obligation" is hereby
authorized to be issued and delivered in the principal amount of $155,415
for the purpose of paying for the acquisition of the ladder pumper truck
for use by the City, and the Mayor and City Secretary shall have joint
control of such Certificate for the purpose of delivering same to the
owners in accordance herewith.
Section 3: The Certificate shall be dated April 1, 1981, shall mature and
be payable in four (4) equal installments (subject to the City's option
of prior payment), shall be registered as hereinafter set forth, and
shall be in the following basic form, to -wit:
Date:
April 1, 1981 Amount: $155,415.00
Issued: April 1, 1981 Register No. 81 -11
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF WALKER
CITY OF HUNTSVILLE, TEXAS, FIRE 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
ONE HUNDRED FIFTY -FIVE THOUSAND FOUR HUNDRED FIFTEEN AND NO /100 DOLLARS
($155,415.00) in lawful money of the United States of America, with interest
thereon from date of issue until paid at the rate of
payable on April 1, 1982, and annually thereafter on the 1st day of April of
each and every year as hereinafter provided until such aggregate 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 collec-
tion 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
1982 $ 38,853.75
1983 38,853.75
1984 38,853.75
1985 38,853.75
$155,415.00
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 prin-
cipal 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.
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 1st day of April, 1981.
ATTEST:
Mayor
City Secretary
FULL CONSIDERATION therefor being hereby acknowledged, this Certificate
of Obligation was delivered to MACK TRUCKS, INC., the original holder, on
this date, to -wit: , and by it hereby transferred and
assigned to
for MACK TRUCKS, INC.
Section 4: While said Certificate of Obligation or installment thereof is
outstanding and unpaid, there shall be annually levied, assessed and
collected in due time, form and manner a tax upon all of the taxable
property in said City sufficient to pay the current interest thereon
and to create a sinking fund sufficient to pay each installment of
principal as the same becomes due, or a sinking fund of 2 %, whichever
is greater; and in order to pay the interest on said Certificate of
Obligation for the first year and to create a sinking fund with which
to pay the principal as the same becomes due, or a sinking fund of
2 %, whichever is greater, there is hereby levied a sufficient tax on
each ONE HUNDRED DOLLARS valuation of taxable property in said City
for the current year and the same shall be assessed and collected and
applied to the purposes named; and while said Certificate of Obligation
is outstanding and unpaid, a tax each year at a rate from year to year
as will be ample and sufficient to provide funds to pay the then current
interest on said Certificate of Obligation and to provide the necessary
sinking fund, full allowance being made for delinquencies and costs of
collection, shall be and is hereby levied for each year, respectively,
and said tax shall each year be assessed and collected and applied to
the payment of the principal of and interest on said Certificate of
Obligation, to be kept separate and apart from all other funds of the
City. The City Council hereby declares and covenants that it will pro-
vide and levy a tax legally and fully sufficient for such Certificate
of Obligation, it having been determined that the existing and avail-
able taxing authority of the City for such purposes is adequate to
permit a legally sufficient tax in consideration of all other outstand-
ing obligations.
Section 5: The Mayor and City Secretary are hereby empowered and directed
to proceed with the delivery of said Certificate of Obligation and the
closing of said acquisition at the earliest practicable date and are
authorized to complete the same in accordance with the terms hereof and
to do all things necessary or prerequisite thereto.
Section 6: The interest rate for the Certificate of Obligation hereinabove
authorized shall be as follows:
Certificate Register No. 81 -11 $155,415.00 %
At the time said Certificate of Obligation is issued such Certificate
shall be registered and recorded by such register number on the books
of said City to the registered owner thereof.
Section 7: That the public importance of this measure and the fact that it
is to the best interest of the City to acquire the equipment herein con-
templated at the earliest possible date, for the immediate preservation
of the public peace, property, health and safety of the City and its
citizens, creates an emergency and an imperative public necessity, and
this ordinance shall take effect and be in force from and after its
passage and approval, and it is so ordained.
Section 8: Notwithstanding any other provisions in the within ordinance to
the contrary as to the authorized issuing date for such Certificate of
Obligation, such Certificate shall be dated and bear interest from date
of delivery and execution by the Mayor and City Secretary.
PASSED AND APPROVED on first reading by unanimous vote of the City Council
of the City of Huntsville, Texas, on this the 31st day of March, 1981.
MORRIS I. WALLER, Mayor
OP
ik dill /_�
uth DeShaw, ity Secretary
APPROVED AS TO FORM:
S?€44
Scott Bounds, City Attorney