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ORD CC 03/16/76 - Certificates of Obligation - $100,000ORDINANCE NO. 76 -5 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, CREATING AND ISSUING PREVIOUSLY APPROVED AND AUTHORIZED "CITY OF HUNTSVILLE, TEXAS, PUBLIC IMPROVEMENTS CERTIFICATES OF OBL'GATION" SUCH CERTIFICATE TO BE ISSUED TO BE ONE IN THE SERIES AUTHORIZED BY ORDINANCE NO. 75 -15 DATED SEPTEMBER 9, 1975, AND TO BE ISSUED FOR THE AMOUNT OF $ 100,000.00 TO BEAR INTEREST AT THE RAT OF SIX AND ONE -HALF (6 1/2 %) PER ANNUM TO BE PAYABLE IN FIETE'N (15) INSTALLMENTS OF PRINCIPAL ON THE ANNIVERSARY DATE OF ISSU CE, AND WITH INTEREST TO BE PAYABLE IN SEMI- ANNUAL INSTALLMENTS, CONTAINING PRE - PAYMENT PROVISION THEREIN SET FORTH AND SUC CERTIFICATE TO OTHERWISE BE IN THE FORM PRESCRIBED BY SUCH AUTHORIZING THE ISSUANCE OF SAME: LEVYING A CONTINUING DI AD VALOREM TAX ON ALL TAXABLE PROPERTY WITHIN THE LIMITS CITY TO PAY THE INTEREST THEREON AND TO CREATE A SINKING F REDEMPTION THEREOF, AND PROVIDING FOR THE ASSESSMENT AND OF SUCH TAXES; AND ENACTING PROVISIONS INCIDENT AND RELA THE PURPOSE AND SUBJECT OF THIS ORDINANCE. WHEREAS, the City Council of the City of Huntsville has heretofore by Ordinance duly passed on September 9, 1 numbered 75 -15 within the Minutes of the City Council of City of Huntsville, authorize the issuance of City of Hun Texas, public improvements certificates of obligation in not to exceed TWO HUNDRED FIFTY THOUSAND DOLLARS AND NO /1 ($ 250,000.00), and which ordinance provided that such ce were to be created and issued by supplemental ordinance a needed; and, WHEREAS, the City Council of the City of Huntsville has now determined that the sum of ONE HUNDRED THOUSAND D ($ 100,000.00) is needed out of the total authorized issu TWO HUNDRED FIFTY THOUSAND DOLLARS ($ 250,000.00) for Cit Huntsville, public improvements certificates of obligatio all prerequisites notices and requirements of the law hall and that otherwise all prerequisites to the valid authori of the intended certificate of obligation for its stated has been accomplished in accordance with the law, includi Certificate of Obligation Act of 1971, and that this Coun therefore proceed with the ordinance authorizing and crea issuance of said Certificate of Obligation heretofore au NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 0 CITY OF HUNTSVILLE, TEXAS: ORDINANCE CT ANNUAL THE SAID D FOR OLLECTION ING TO Texas, 75, and he said sville, n amount 0 tificates the time Texas, LLARS of of and that been met ation urpose, g the it may ing the orized; THE Section 1: That one interest bearing certificate o obligation of the City of Huntsville, Texas, to be known designated as City of Huntsville, Texas, public improveme certificate of obligation, certificate number 1 in the se authorized by Ordinance dated September 9, 1975, in the p sum of ONE HUNDRED THOUSAND DOLLARS ($ 100,000.00), shall the same is hereby authorized to be issued and the same i issued for public purposes, to -wit: Progress payment in construction and equipping of a City Hall and related fac all in the public interest, and the Mayor and City Secret have joint control of such certificate for the purposes o ing same to the owners in accordance with this ordinance shall see to the proper completion thereof in accordance Section 2: That said certificate shall be dated on that delivery is made, shall mature and be payable in fif annual installments of principal and interest shall be du payable each six (6) months as it accrues. Said certific be in the form as prescribed by Section 2 of Ordinance No dated September 9, 1975. Said certificate of obligation shall specifically pr the City of Huntsville reserves the right to redeem not m 50% per cent of the principal amount of such certificate two years of the issue date, and the balance or all of sa certificate of obligation in the third or any subsequent without penalty for such redemption. • nd t ies incipal be, and hereby he lities, ry shall deliver - nd they erewith. the date een (15) and to shall 75 -15, vide that re than ithin d ears Section 3: While said Certificate of Obligation or nstall- ments thereof are outstanding and unpaid, there shall be nnually levied, assessed and collected in due time, form and mann r a tax upon all of the taxable property in said City sufficient o pay the current interest thereon and to create a sinking fund sufficient to pay each installment of principal as the same becomes eue, or a sinking fund of 2 %, whichever is greater; and in order to Fay the interest on said Certificate of Obligation for the first ear and to create a sinking fund with which to pay the principal :s the same becomes due, or a sinking fund of 2 %, whichever is g eater, there is hereby levied a sufficient tax on each $ 100.00 aluation 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 - d unpaid, a tax each year at a rate from year to year as will be am le and sufficient to provide funds to pay the then current interest on said Certificate of Obligation and to provide the necessa 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 an to the payment of the principal of and interest on said C of Obligation, to be kept separate and apart from all oth of the City. The City Council hereby declares and covena it will provide and levy a tax legally.and fully sufficie said Certificate of Obligation, it having been determined existing and available taxing authority of the City for s purpose is adequate to permit a legally sufficient tax in eration of all other outstanding obligations. Section 4: The Mayor and City Secretary are hereby and directed to proceed with the delivery of said Certifi Obligation and are authorized to complete the same in acc with the terms hereof and to do all things necessary or p thereto. applied rtificate r funds ts that t for that the ch consid- powered ate of rdance erequisite PASSED AND APPROVED on first reading by unanimous vote of the City Council of the City of Huntsville, Texas, on this the 16th day of March, 1976. P1 .4 ....1.7 1 qp2Es . W, c T- ECRETARY ore al) MORRIS I. WALLER, MAYOR APPROVED AS TO FORM: R I D. OLL Y CITY ATTORNEY