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ORD CC 01/07/1941 - Waterworks System Improvements AN ORDINANCE AUTHORIZING WATERWORKS SYSTEM IMPROVEMENTS AND THE ISSUANCE IB OF TIME WARRANTS IN PAYMENT THEREOF The City Council of the City of Huntsville, Texas, met in regular session on the 7th day of January, A.D. 1941, with the following named officers and persons present: E. C. Stiernberg, Mayor 71. X. Hill W. T. Robinson L. A. Northingtor Vittor Randel Wilbor Smither g Mr. Robinson introduced an ordinance 4 entitled: "AN ORDINANCE MAKING PROVISION FOR THE CON- 1, STRUCTION OF I14!PROVEMENTS TO THE WATERWORKS SYSTEM OF TIM CITY OF HUNTSVILLE, TEXAS; PROVIDING FOR THE CITY TO CO-OPERATE WITH THE WORKS PROGRESS ADMINISTRATION IN THE 1 CONSTRUCTION OF SUCH WATERWORKS SYSTEM p1 II11PROVEVENTS; PROVIDING FOR THE ISSUANCE ry OF 50,000.00 TIME WARRANTS OF SAID CITY, BEARING 2-3/4% INTEREST, IN PAYMENT THERE- FOR; PROVIDING FOR THE LEVY AND COLHECTION OF TAXES ON ALL TAXABLE PROPERTY IN SAID CITY SUFFICIENT TO PAY THE INTEREST ON SUCH WARRANTS AS IT ACCRUES AND THE PRINCIPAL THEREOF AT MATURITY; PROVIDING FOR THE 'MANNER AND MEANS OF DELIVERING SAID WARRANTS, AND DECLARING AN EMERGENCY." The ordinance was read in full and it was moved by Mr. Robinson and seconded by Mr, Randel that the rules be suspended and that it be passed on first reading, which motion was 666 carried by the following vote: Ayes, Robinson, Hall, Notthington, Rar.del e- Smither Noes, none. -1- The ordinance was read a second time in full and it was moved by Mr. Randel and se- conded by Mr. Robinson that the rules be suspended and that it be passed on second reading, which motion was carried by the following vote: Ayes, Robinson, Hall, Northinvton. Randel & Smither Noes, none. Mr. Hall then moved that the rules be suspended and that the ordinance be finally passed, which motion was seconded by Mr. Randel ° and carried by the following vote: Ayes, Robinson Hall, Northington, Randel, NC Smither Noes, none* Thereupon, the Mayor declared the ordinance fin- ally passed. The ordinance follows: AN ORDINANCE MAKING PROVISION FOR 17TE CONSTRUCTION OF IMPROVEMENTS TO THE WATER- !YORKS SYSTEM OF THE CITY OF HUNTSVILLE, TEXAS; PROVIDING FOR THE CITY TO CO-OPERATE WITH THE WORKS PROGRESS ADMINISTRATION IN THE CONSTRUCTION OF SUCH WATERWORKS SYSTEM I14IPROVIKENTS; PROVIDING FOR THE ISSUANCE OF X50,000.00 TIME WARRANTS OF SAID CITY, BEAR- ING 2-3/4;% INTEREST, IN PAYMENT THEREFOR; PROVIDING FOR THE LEVY AND COLLECTION OF TAXES ON ALL; TAXABLE PROPERTY IN SAID CITY SUFFICIENT TO PAY THE INTEREST ON SUCH WARRANTS AS IT ACCRUES AND TrIE PRINCIPAL THEREOF AT MATURITY; PROVIDING FOR THE MANNER AND MEANS OF DELIVERING SAID WAR- RANTS, AND DECE.LRING AN EMERGENCY. WHEREAS, on the _LLthday of December, 1940, The City Council of the City of Huntsville, Texas, adopt- ed a resolution authorizing the 'Mayor of said City to give notice that bids will be received on the 6th day of January, 1941, for the purchase of the follow- ing described materials, to-wit: -2- (1) 400,000 Gallon elevated water tank and tower; (2) 568 feet of 12" Cast Iron Pipe; (3) 7,395 feet of 10" Cast Iron Pipe; (4) 3,217 feet of 8" Cast Iron Pipe; (5) 13, 112 feet of 6" Cast Iron Pipe; (6) 2,000 feet of 2" Cast Iron Pipe; (7) Miscellaneous parts and necessary fittings, to be used in the construction of improvements to the City's Waterworks System, wherein notice was also given of the intention of the City of Huntsville to make pay- went therefor by the issuance of time warrants in the maximum amount of Fifty Thousand Dollars (050,000.00), bearing interest at the rate of two and three-quarters per cent (2-3/4%) and maturing serially with a maximum maturity date of December 31, 1952, which said improve- ments are to be made in co-operation with the Works Progress Administration of the United States Government; and WHEREAS, said notice was given by the Mayor of said City for the time and in the manner provided by law. and WHEREAS, bids for furnishing the materials above described have been this day received and contracts have been awarded and entered into by the City Council of the City of Huntsville and. the lowest and best bidders are as follows, to-wit: P ttsbargh-Des Moines Steel Company--400,000 gallon tank Drawing Design WT-- 40825------------------ $23,000.00 American Cast Iron Pipe Company 568' - 12" B&S Mono-Cast Centrifugal Pipe Class 150, 16' lengths, per ft-----------------t2.08 7395' - 10" Ditto 1.62 3217' - 8" Ditto 1.21 13112' - 6" Ditto 0.84 2000' - 2" B&S Pipe, Class 150, 20' lenghhs, Per ft.---------0.255 Standard B &S Fittings 6" and larger per net ton, $100.00, 2" Fittings per not ton, $180,00 These prices f.o.b., Huntsville, in carload lots. -3- and WHEREAS, no petition of any kind whatsoever has been filed requesting a referendum upon the question of issu- ing bonds for the purpose of paying for such improvements and no request for an election has been received and no protest to the issuance of said time warrants has been presented and it is affirmatively found that this City Council is now authorized to proceed with the construc- tion of said. improvements and the issuance of said time warrants and it is to the best interest of said City that said improvements be made in co-operation with the Works Progress Administration of the United States Gov- ernment: THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: I. That the City Council of the City of Huntsville, Texas, does hereby ratify the hereinbefore mentioned contracts for the purchase of the materials described in the preamble to this ordinance to be used in the i construction of improvements to the Waterworks System of said City, and does hereby declare its intention of co-operating with the Works Progress Administration of the United States Government in the construction of such improvements and to make payment of the City's j portion of the cost thereof, which is hereby estimated to be Fifty Thousand Dollars ($50,000.001, by the issuance of interest-bearing time warrants he-reinafter more fully described. II. That the time warrants of said City of Huntsville -4m, be 18sued In the principal sum of Fifty Thousand Dollars ($50,000.00) to be known as "City of Huntsville Waterworks System Improvement Warrants, Series 1940" for the purpose of evidencing the indebtedness of said City for the pur- chase of the materials described in the preamble to this ordinance and the cost of the construction of said improve- ments, additions and extensions to its waterworks System, under and in strict conformity with the Constitution and laws of the State of Texas, particularly Chapter 163, Acts of the 42nd Legislature of Texas, 1931. III. Said warrants shall be dated December 15, 1940, shall bear interest at the rate of two and three-quarters per annum, per cent (2-3J4%)�, payable December 31, 1941, and annually thereafter on December 31st of each year. They shall be numbered consecutively from 1 to 50, both inclusive, shall be in the denomination of One Thousand Dollars ($1,000.00) each, aggregating Fifty Thousand Dollars (450,000.00) and shall mature on December 31st in each of the years, and for the amounts shown in the following scheduler Numbers Dates Amounts 1 to 5 1941 '$5,000.00 6 to 10 1942 .5,000.00 11 to 15 1943 5,000.00 16 to 20 1944 5,000.00 21 to 25 1945 5,000.00 26 to 30 1946 5,000.00 31 to 35 1947 5,000000 36 to 40 1948 5,000.00 41 to 45 1949 5,000600 46 to 50 1950 5,000000 Said warrants shall be payable, both as to principal and interest, in such funds as are, on the respective dates of payment, lawful tender for debts due the United —5— States of America, to the holders at the office of the Treasurer of the City of Huntsville in Huntsville,^lexas. IV. Said warrants shall be signed by the Mayor and coun- tersigned by the City Secretary, and the seal of said City shall be impressed upon each of them. V. Said warrants shall be substantially in the follow- ing form: No. $1,000.00 UNITED STATES OF ANPERICA STATE OF TEXAS COUNTY OF WALKER CITY OF HUNTSVILLE WATERWORKS SYSTEM IMPROVEKE T WARRANT SERIES OF 1940. The City of Huntsville, a municipal corporation situated in Walker County, Texas, duly incorporated under the Constitution and laws of the State of Texas, for value received, acknowledges itself indebted and hereby promises to pay to bearer on the 15th day of December, 19_, the sum of ONE THOUSAND DOLLARS with interest thereon from date hereof at the rate of per annum two and three-quarter per cent (2-3/4%.Y, payable Deeem- ber 31, 1941, and annually thereafter on December 319 of each year. Both principal and interest are payable at the office of the Treasurer of said City, located in Huntsville, Texas, in such funds as are on the respec- tive dates of payment, lawful tender for debts due the United States of America, -6- . This warrant is one of a series of fifty (50) warrants of like date and tenor, except as to maturity, numbered consecutively from 1 to 50, both inclusive, in the denomination of One Thousand Dollars ($1,000.00) each, aggregating Fifty Thousand Dollars ($50,000,00), and is issued for the purpose ,of evidencing the indebt- edness of said City for the purchase price of materials received and the cost of construction of improvements, additions and extensions to the Waterworks System of said City, the benefits of which are hereby acknowledged to have been received by said City, under and in strict conformity with the Constitution and laws of the State of Texas, including particularly Chapter 163 of the Acts of the 42nd Legislature of Texas, 1931, and pursuant to an ordinance passed by the City Council of said City which is of record in the Minutes of said City Council. The date of this warrant, in conformity with the ordinance above mentioned, is 'December 15, 1940. And it is hereby certified and recited that all acts, conditions and things required to be done prece- dent to, and in the issuance of this warrant and of this series of warrants, have been properly done, have happen- ed and been performed in regular and due time, form and manner, as required by law; that due provision has been made for the levy and collection of ad valorem tax upon all taxable property within said City sufficient to pay the principal of and interest on this warrant, and this series of warrants, as the same mature; and that the total indebtedness of said City, including this war- rant, and the series of which this warrant is a part, does not exceed any constitutional or statutory limitation* IN TESTIMONY WHEREOF, the City Council of the City x-700 of Huntsville, Texas, has caused the seal of said City to be affixed hereto and this warrant to be signed by the Mayor and countersigned by the City Secretary of said City, as of the 15th day of December 1940. COUNTERSIGNED: Mayor, City of Huntsville, Texas. City Secretary. VI. That after the materials described in the preamble to this ordinance are received and the benefits from the construction of said improvements are received, said warrants shall be executed and delivered as hereinbefore provided in payment of claims for the purchase price of such materials and compensation for labor and services performed in the construction of said improvements to the Waterworks System of said City, when such claims have been approved by this City Council and upon the further orders of this City Council, VII. BE IT FURTHER ORDAI14ED that to pay the interest on t o tea Y said warrants and to create a Sinking Fund :a the princi- pal as it matures, w-kika, while said warrants or. any part of the principal or interest thereof remain outstand- ing or unpaid,, there is hereby levied a tax at such rate as shall be sufficient for said purposes upon all taxable property within said City and to pay the interest on -8- said warrants and to provide a Sinking Fund with which to pay the principal at maturity, there is hereby levied for the current year, 1941, a tax of Thirty-tvio cents ( $.32) on each One Hundred Dollar valuation of taxable property in said City and the same shall be assessed and collected and applied to the purposes named. And there shall be calculated each year while any of said warrants remain outstanding and unpaid, the rate of tax necessary to provide funds sufficient to pay the current interest as it accrues and to pay the principal thereof as it matures, and such tax as shall be necessary for said purposes, shall each year be levied, assessed and collected during each of said years, and the same is hereby levied and ordered to be assessed and collected and applied to the purposes named. VIII. That said warrants may be issued in installments and if the claims, in payment of which such warrants are authorized to be issued, are not in such sums and denominations as will permit the delivery of warrants to cover the entire amount of such claims, the balance remaining, after the delivery of such numbered warrants as will leave unpaid a claim for less than One Thousand Dollars (61,000.00), may be carried forward until other claims sufficient to bring the total to at least One Thousand Dollars (1,000.00) have been lawfully incurred, at which time an additional warrant or warrants may be delivered as the facts and circumstances shall require. The fact that the City of Huntsville, Texas, is -9-