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ORD CC 1980-24 - Certificate of Obligation - $60,000• • ORDINANCE NO. 80 -24 AN ORDINANCE AUTHORIZING ISSUANCE OF A SERIES OF CITY OF HUNTSVILLE PUBLIC WORKS CERTIFICATES OF OBLIGATION, IN THE AMOUNT OF $60,000.00; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. WHEREAS, the City Council of the City of Huntsville, Texas, has heretofore purchased land for police and municipal court building purposes for the City; and WHEREAS, the City Council finds it necessary to employ, and has employed, an architect to supervise the remodeling of said property; and WHEREAS, the City has authorized the publication of intention to issue certi- ficates of obligation, payable from City ad valorem taxes, for the purpose of evidencing the indebtedness of the City for all or part of the archi- tectural services forthg.remodeling of the police and municipal courts building; therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: Section 1: The City Council hereby approves, ratifies, and confirms in all respects the contract with the architect for said building remodeling. Section 2: The City's negotiable certificates of obligation, to be designated as City of Huntsville, Texas, Police and Municipal Court - Architect Certificates of Obligation, Series 1980 (hereinafter called Certificates) are hereby authorized to be issued and delivered in the principal amount of $6Q,.ODQ for the purpose of evidencing the indebtedness of the City for all or any part of the cost of architectural services for the remodel- ing of the Police and Municipal Courts Building. Section 3: The Certificates shall be dated July 9, 1980, shall be numbered consecutively from 1 through 60, shall be in the denomination of $1,000 each and shall mature serially on July 9th of each of the years, and in the amounts, respectively set forth in the following schedule: YEAR AMOUNT 1981 1982 1983 1984 $15,000 $15,000 $15,000 $15,000 The Certificates may be redeemed prior to their scheduled maturities, at the option of the City, at any time after delivery, in the manner provided in the Form of Certificate. Section 4: The Certificates shall bear interest from the date of initial delivery shown on the face of each Certificate at a rate per annum not • • in excess of that prescribed by Article 717K -2, Texas Revised Civil Statute, as amended, interest payable on July 9th, 1981, and annually thereafter on July 9th of each year until maturity or redemption. Section 5: The Certificates shall be registered as hereinafter set forth, and shall be in the following basic form, to -wit: NO. July 9, 1980 FORM OF CERTIFICATE UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF WALKER CITY OF HUNTSVILLE, TEXAS POLICE AND MUNICIPAL COURT - ARCHITECT CERTIFICATE OF OBLIGATION SERIES 1980 $1,000.00 On July 9, 1981, the CITY OF HUNTSVILLE (the "City ", in the County of Walker, in the State of Texas, promises to pay to bearer the principal amount of ONE THOUSAND DOLLARS and to pay interest thereon, from the initial date of delivery shown on the face hereof, at the rate of % per annum, payable July 9, 1981, and annually thereafter on the 9th day of each and every year while this Certificate is outstanding. The principal of this Certificate and the interest shall be payable to the registered owner hereof in lawful money of the United States of America, without exchange or collection charges, upon presentation and surrender of this Certificate at (Bank), , Texas, which shall be the paying agent for this series of Certificates. THIS CERTIFICATE is one of a series of negotiable certificates, dates July 9, 1980, numbered consecutively from 1 through 60, in the denomination of $1,000 each, aggregating $60,000, issued in accordance with the Constitution and laws of the State of Texas, particularly Article 2368a.1, Texas Revised Civil Statutes, as amended, for the purpose of providing up to $60,000 for the cost of architectural services incurred in connection with the remodel- ing of the Police and Municipal Court Building of the City. 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. -2- • IT IS HEREBY certified, recited, and covenanted that this Certificate has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the issuance and delivery of this Certificate, have been performed, existed, and been done in accordance with law; that annual ad valorem taxes sufficient to pro- vide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the City nad have been pledged for such payment within the limits prescribed by law; that this Certificate shall be a debt of the City within the meaning of Article XI, Sections 5 and 7 of the Constitution of Texas. 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 Pro tem and attested to by the City Secretary, the date of this Certificate of Obligation being the 9th day of July, 1980, Certificate No. ATTEST: E. Larry Dickens, Mayor Pro tem Ruth DeShaw, City Secretary FULL CONSIDERATION therefor being hereby acknowledged, this Certificate of Obligation was delivered to KOETTER, THARP, COWELL & BARTLETT, Architects, the original holder, on this date, to -wit: and by it hereby transferred and assigned to for KOETTER, THARP, COWELL & BARTLETT Section 5: While said Certificates of Obligation or installment thereof are 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; -.3- • • 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 suffi- cient to provide funds to pay the then current interest on said Certificates 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 Certificates 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 Certificates 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 6: Claims incurred for the purposes set forth in Section 2 hereof may be funded and exchanged for a like total principal amount of Certificates, and any amount in excess of the principal amount of Certificates delivered at any one time may be paid in cash or carried forward to a subsequent exchange or exchanges of claims for certificates. Section 7: The Mayor and all other officers of the City are authorized and directed to do any and all things necessary or convenient to carry out the provisions of this ordinance. Section 8: At the time said Certificates of Obligation are issued such Certificates shall be registered and recorded by such register number on the books of said City to the Registered owner thereof. Section 9: That the public importance of this measure and the fact that it is to the best interest of the City to construct thepubli•c, works: 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. PASSED AND APPROVED on first reading by unanimous vote of the City Council of the City of Huntsville, Texas, on this the 8th day of July, 1980. Air � •"F' DeS aw, ity Se r tary APP Scott Bounds, City Attorney Ct 0 E. Larry ickep ' Mayor Pro tem