Loading...
ORD CC 1980-78 - Certificate of Obligation - Cab chassisORDINANCE NO. 80 -78 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE ISSUANCE OF A SERIES OF TWO "CITY OF HUNTSVILLE, TEXAS, EQUIPMENT ACQUISITION CERTIFICATES OF OBLIGATION," FOR FRONT LOADING REFUSE TRUCK - CAB CHASSIS AND PACKER BODY IN THE AMOUNTS OF $39,326.34 AND $28,091.80; AND CONTAINING OTHER PROVISIONS RELATED THERETO. WHEREAS, the City Council of the City of Huntsville received competitive bids for front loading refuse truck - cab chassis and packer body and awarded contracts for the purchase of such equipment in accordance with Texas Revised Civil Statutes Article 2368a.1; and WHEREAS, the City authorized the publication of notice of intention to issue Certificates of Obligation, payable from City ad valorem taxes, for the purpose of evidencing the indebtedness of the City for all or part of the purchase of a front loading refuse truck - cab chassis and packer body at an amount not to exceed $80,000.00; and WHEREAS, the notice of intention to issue Certificates of Obligation was pub- lished at the times and in the manner required by Texas Revised Civil Statutes Article 2368a.1; therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: Section 1: The City Council ratifies the contracts to purchase a front loading refuse truck - cab chassis and packer body and hereby confirms the purchase of such equipment as follows: Moore Henry Motors, Inc. Davis Truck & Equipment Co. $39,326.34 $28,091.80 Section 2: A series of two interest bearing Certificates of Obligation of the City of Huntsville, Texas, to be known and designated as "City of Huntsville, Texas, Equipment Acquisition Certificates of Obligation" are hereby authorized to be issued and delivered in the principal amounts of $39,326.34 and $28,091.80 for the purpose of acquiring front loading refuse truck - cab chassis and packer body, respectively, for use by the City, and the Mayor and City Secretary shall have joint control of such certificates for the purpose of delivering same to the owners in accordance herewith. Section 3: The Certificates shall be dated December 17, 1980, shall mature and be payable in four (4) equal installments (subject to the City's option of prior payment), and shall be registered as hereinafter set forth, and shall be in the following basic form, to -wit: Date: December 17, 1980 Amount: $ Issued: Register No. 81- UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF WALKER CITY OF HUNTSVILLE, TEXAS, EQUIPMENT ACQUISITION 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 installments and on the dates as below indicated the total sum of ($ ) in lawful money of the United States of America, with interest thereon from date of issue until paid at the rate of per cent per annum, payable on (Date of Delivery) and annually thereafter on the day of 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 collec- tion charges to the registered owner hereof, with such payments to be due on the dates and in the amounts as follows: DATE 1983 1984 1985 PRINCIPAL INTEREST TOTAL 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 pen- alty of any kind. It is hereby certified and recited that all acts, conditions 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 required 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 prin- cipal 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 day of , 1980. MORRIS I. WALLER, Mayor 1982 ATTEST: RUTH DE SHAW, City Secretary FULL CONSIDERATION therefor being hereby acknowledged, this Certificate of Obligation was delivered to (Contractor) , the original holder, on this date, to-wit: (date of initial delivery), and by it hereby transferred and assigned to (Bank) (Contractor) Section 4: While said Certificate of Obligation or 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 prin- cipal 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 Obliga- tion 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; 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 suffic- ient to provide funds to pay the then current interest on said Certificate 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 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 suf- ficient 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 5: 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 accordance with the terms hereof and to do all things necessary or prerequisite thereto. Section 6: The Certificates of Obligation 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 Statutes, as ameuded. At the time said Certificates of Obligation are issued, such Certificates shall be registered and recorded by such register numbers on the books of said City to the registered owner tbereof. Section 7: 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 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 ordaiued. Section 8: Notwithstanding any other provisions in the within ordinance to the contrary as to the authorized issuing date for such Certificates of Obligation, such Certificates shall be dated and bear interest from date of delivery and execution by the Mayor and City Senretary, INTRODUCED, READ AND APPROVED by unanimous vote of the City Council of the City of Huntsville, Texas, on this the 16th day of December, 1980. ATTEST: RUTH DE SHAW, City Secretary APPROVED: SCOTT BOUNDS, City Attorney MORRIS I. WALLER, Mayor