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ORD CC 1980-17 - Certificate of Obligation - $16141.55ORDINANCE NO. 80-17 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING ORDINANCE NO. 80 -14, HERETOFORE PASSED BY THE CITY COUNCIL OF HUNTSVILLE, TEXAS, AUTHORIZING THE ISSUANCE OF A "CITY OF HUNTSVILLE, TEXAS, EQUIPMENT ACQUISITION CERTIFICATE OF OBLIGATION" IN THE MAXIMUM AMOUNT OF $16,141.55, PRESCRIBING THE FORM OF SAID CERTIFICATE AND THE FORM OF ENDORSEMENT TO APPEAR THEREON; LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX ON ALL TAXABLE PROPERTY WITHIN THE LIMITS OF THE 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; AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE PURPOSE AND SUBJECT OF THIS ORDINANCE. WHEREAS, heretofore on the 29th day of April, 1980, City Council did adopt an ordinance authorizing the issuance of a series of FOUR (4) City of Huntsville, Texas Equipment Acquisition Certifi- cates of Obligation; and WHEREAS, City Council desires to correct certain deficiencies in said ordinance relating to the recitals of notice dates and maturity dates; and WHEREAS, the City Council has found that all notices required by law have been issued and all things requisite done in order to adopt an ordinance authorizing the issuance of an interest bearing Certificate of Obligation of the City, amount not to exceed $16,141.55 for such purposes upon terms approved by the City Council. WHEREAS, it appears to the City Council that all prerequisites to the valid authorization of the intended Certificate of Obligation for its stated purposes, have been accomplished in accordance with law, including the Certificates of Obligation Act of 1971, and that this Council may therefore proceed with the Ordinance author- izing the issuance of said Certificate of Obligation; WHEREAS, at this time, City Council desires to amend the ordinance to authorize the issuance and delivery of the Certificate of Obligation in the amount of $16,141.55. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: Section 1. That an interest bearing Certificate of Obligation of the City of Huntsville to be known and designated as "City of Huntsville, Texas Equipment Acquisition Certificate of Obligation" in the principal sum not to exceed $16,141.55 shall be, and the same is hereby, authorized to be issued and the same is hereby issued, to -wit: the acquisition of Mack Truck rigging for use by the City of Huntsville, 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 2. That said Certificate shall be dated and shall bear interest as hereinafter set forth, shall be registered as here- inafter set forth, and shall be in the following basic form, to -wit: Date: June 18, 1980 Amount: $16,141.55 ISSUED: June 18, 1980 UNITED STATES STATE OF COUNTY OF CITY OF HUNTSVILLE, TEXAS, CERTIFICATE OF Register No. 80 -3 OF AMERICA TEXAS WALKER EQUIPMENT ACQUISITION 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 install- ments and on the dates as below indicated the total sum of SIXTEEN THOUSAND ONE HUNDRED FORTY -ONE AND 55/100 DOLLARS ($16,141.55), in lawful money of the United States of America, with interest thereon from date of issue until paid at the rate of 8.0 per cent per annum, payable on June 18, 1981 and annually thereafter on the 18th of June 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 collection charges to the registered owner hereof, with such payments to be due on the dates and in the amounts as follows: -2- DATE PRINCIPAL INTEREST TOTAL 1981 $ 3,228.31 $1,291.32 $ 4,519.63 1982 3,228.31 1,033.06 4,261.37 1983 3,228.31 774.79 4,003.10 1984 3,228.31 516.53 3,744.84 1985 3,228.31 258.26 3,486.57 $16,141.55 $3,873.96 $20,015.51 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, condi- tions 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 re- quired 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. 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 18th day of June, 1980. ATTEST: RUTH DeSHAW, City Secretary MORRIS I. WALLER, Mayor -3- FULL CONSIDERATION therefor being hereby acknowledged, this Certificate of Obligation was delivered to the original holder, on this date, to -wit: and by it hereby transferred and assigned to Section 3. While said Certificate of Obligation or install- ment 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 be- comes 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 col- lected 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 allow- ance 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 pay- ment 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 provide and levy a tax legally and fully sufficient for such Certificate of Obligation, it having been determined that the existing and available taxing authority of the City for such purposes is adequate to permit a legally sufficient tax in consideration of all other outstanding obligations. Section 4. 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 ac- cordance with the terms hereof and to do all things necessary or prerequisite thereto. -4- • • Section 5. The interest rate for the Certificate of Obligation hereinabove authorized shall be as follows: Certificate Register No. 80 -3 $16,141.55 8.0 % At the time said Certificate of Obligation is issued such Certi- ficate shall be registered and recorded by such register number on the books of said City to the Registered owner thereof. Section 6. 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 contemplated at the earliest r 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 7. 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 //tA day of c7cmne. , 1980. 4111r-Alv i 'UT R'eSHAW, ity ecretary 1'' L•,.� APPROVED AS TO FORM: dtQV OTT BOUNDS, City Attorney -5-