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ORD CC 07/29/75 - Promissory Note - Police DepartmentORDINANCE N0. 75 -13 AN ORDINANCE AUTHORIZING THE PURCHASE OF REAL ESTATE FOR PUBLIC PURPOSES, CONFIRMING A RESOLUTION HERETOFORE PASSED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, FINDING THAT A NECESSITY EXISTS FOR THE PURCHASE OF REAL ESTATE FOR FUTURE EXPANSION OF THE CITY POLICE DEPARTMENT, AUTHORIZING THE MAYOR OF THE CITY TO EXECUTE AND DELIVER A PROMISSORY NOTE FOR THE PURCHASE PRICE BEARING INTEREST AT 6% PER ANNUM, AND PAYABLE IN 15 ANNUAL INSTALLMENTS OF BOTH PRINCIPAL AND INTEREST, LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX ON ALL TAXABLE PROPERTY WITHIN THE LIMITS OF SAID CITY TO PAY THE INTEREST THEREON AND TO CREATE A SINKING FUND FOR REDEMPTION THEREOF, AND PROVIDING FOR THE ASSESSMENT AND COLLECTION OF SUCH TAXES. WHEREAS, the City Council of the City of Huntsville, Texas, has heretofore by Resolution duly made, determined that a necessity exists in the public interest for the purchase of real estate for future expansion of the City Police Department and authorize the acqui- sition for certain real estate as located in Block 14 of the City of Huntsville, Texas, such purchase to be concluded upon successful sale by the City of certain excess property with the proceeds derived from such sale to be applied to the purchase of the real estate to be acquired for future expansion of the City Police Department, all of which con- ditions have now been met and the owner of said property to be purchased by the City stands ready to convey said real estate to the City upon authorization of the Mayor to execute and deliver evidence of the City's indebtedness for the purchase of such premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: Section 1: That such Resolution heretofore passed by the City Council determining that a necessity exists for the purchase of certain real estate located in Block 14 of the City of Huntsville for future expansion of the City Police Depart- ment is in all things adopted and confirmed by the City Council of said City and that the said City is hereby authorized to purchase from E. M. SCHULZE, JR., TRUSTEE, real estate located in Block 14 of said City consisting of 8,283 square feet of land, more or less, as more particularly described in Exhibit "A" attached to this Ordinance and in- corporated hereby by reference and adoption, for a total purchase price of $25,000.00, with the sum of $10,000.00 to be paid in cash and the balance in the amount of $15,000.00 to be paid by City in 15 annual installments of principal and with the aggregate unpaid balance to bear interest at the rate of 6% per annum until fully paid off and dis- charged. Section 2: That the Mayor of said City be, and he is hereby authorized to execute and deliver to E. M. SCHULZE, JR., TRUSTEE a promissory note to be a valid obligation of the City of Huntsville, Texas, which shall be a general obligation of said City, the same to be payable in 15 equal annual in- stallments upon principal in the amount of $1,000.00 each, together with accrued interest on the unpaid principal balance at the rate of 6% per annum, and to accept in return therefor a General Warranty Deed to the real estate described in Exhibit "A" attached hereto, together with an Owner's Policy of title insurance insuring said real estate title to the City of Huntsville. Said promissory note to be executed in behalf of said City shall be as set forth in the following form: $15,000.00 Huntsville, Texas , 1975 In installments as hereinafter provided, and after date, without demand or notice, and without grace, for value received, the City of Huntsville, Texas, a municipality, promises to pay to the order of E. M. SCHULZE, JR., TRUSTEE, at the office of the Payee in the City of Huntsville, Walker County, Texas, the sum of FIFTEEN THOUSAND AND NO /100 ($15,000.00) DOLLARS, with interest thereon from date until maturity at the rate of 6% per annum, with interest payable annually as it accrues. The indebtedness evidenced hereby shall be a general obli- gation of the City of Huntsville, Texas, a municipality, as authorized pursuant to City Ordinance passed by the City Council of the City of Huntsville, Texas, on July 29, 1975, and it is hereby certified and re- cited that all acts, conditions and things required to be done precedent to and in authorization of the execution of this evidence of indebtedness as a general obligation of said City of Huntsville to render the same lawful and valid have been properly done and 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 said City sufficient to pay the interest on this obligation as due and to provide for the payment of each installment of principal as same matures; that the City has re- ceived full value and consideration for this indebtedness and that the total indebtedness of the City of Huntsville, Texas, including this in- debtedness, does not exceed any Constitutional or Statutory limitation. In the event default is made in the payment of the principal of this note, or any installment of interest hereon as the same becomes due and payable, then the legal holder hereof shall have the option, without demand or notice to the Maker to declare this note immediately due and payable and may institute any legal action against the said City of Huntsville to enforce the payment of same to the same extent as if such obligation had been the obligation of a private individual. The principal and interest of the within note shall be due and payable by the City of Huntsville, Texas, in fifteen (15) annual installments on principal in the amount of $1,000.00 each, plus the accrued interest on the unpaid principal balance, and with the first of such annual installments upon principal and interest, to be due and pay- able on or before , 1976, and a like installment of both principal and interests to be due and payable on or before the day of - of each and every year thereafter until said note and indebted- ness, and all interest to accrue thereon, has been fully paid off and discharged. IN WITNESS WHEREOF, the Mayor of said City has executed this note on the day and date first above written pursuant to authorization by Ordinance duly passed on July 29, 1975. THE CITY OF HUNTSVILLE, TEXAS BY: ATTEST: RUTH DeSHAW, City Secretary MORRIS I. WALLER, MAYOR Section 3: That while said indebtedness or any 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 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 $100.00 valuation of taxable property in said City for the current year and the same shall be assessed and collected and applied to the purposes stated herein; and while said obligation is outstanding and unpaid, a tax each year at a rate from year to year as will be ample and suffi- cient to provide funds to pay the then current interest on said obligation and to provide the necessary Sinking Fund, full allowance being made for the delinquencies and cost of collection, shall be and is hereby levied for each year, re- spectively, and said tax shall each year be assessed and collected and applied to the payment of the principal of and interest on said indebtedness as a general obligation of said City. The City Council hereby declares and covenants that it will provide and levy a tax legally and fully suffi- cient for such indebtedness, it having been determined that the existing and available taxing authority of the City for such purpose is adequate to permit a legally suffi- cient tax in consideration of all other outstanding obli- gations. Section 4: That the Mayor and City Secretary are hereby empowered and directed to proceed with the delivery of said promissory note as evidence of indebtedness and the closing of said acquisition of real estate at the earliest practicable date and authorized to complete the same in accordance with the terms hereof and to do all things necessary or requisite thereto. July,1975. PASSED AND APPROVED IN OPEN COUNCIL on this the 29th day of DeSHAW, City Secretary VED AS TO FO : RTIN D. COLLEY, City Attorney THE CITY OF HUNTSVILLE, TEXAS BY 1%%1 / t.fr,S 7' �l l/ Z4Z4r MORRIS I. WALLER, MAYOR