Ord. 0407 11-26-79ORDINANCE NO. 407
AN ORDINANCE AUTHORIZING THE ISSUANCE OF TIME WARRANTS OF
THE CITY OF PEARLAND, TEXAS FOR THE PURPOSE OF OBTAINING
AN ENGINEERING DRAINAGE SURVEY AND LEGAL OPINIONS RELATING
THERETO; PRESCRIBING THE TERMS AND CONDITIONS THEREOF AND
UPON WHICH SUCH WARRANTS SHALL BE ISSUED; LEVYING TAXES TO
PROVIDE FOR THE PAYMENT THEREOF; AND CONTAINING OTHER PRO-
VISIONS RELATING TO THE SUBJECT.
WHEREAS, the City Council of the City of Pearland has determined that
it would be in the best interest of the City to have a comprehensive drainage
plan; and
WHEREAS, the formulation of such plan would require qualified legal
opinions as well as engineering expertise; and
WHEREAS, several concepts have been recommended by the City Manager as
possible solutions to area flooding problems; and
WHEREAS, these concepts must be varified as to their engineering
feasibility and legal impact, along with any other concepts developed by the
engineer; and
WHEREAS, there is allocation of funds budgeted for this purpose; and
WHEREAS, on the 8th day of October, 1979, and pursuant to Article
2368a, Section 5, Vernon's Texas Civil Statutes, 1925, as amended, the City
Council of the City of Pearland, Texas, adopted a resolution authorizing and
directing the giving of notice of intention to issue Time Warrants of said
City in the maximum principal sum of $15,000.00, bearing interest at a rate not
to exceed Six and one-half (6 %) per cent per annum and maturing serially over
a period of years not to exceed two (2) years from their date or dates of their
issuance for the purpose of evidencing the indebtedness of said City for all or
any part of the cost of an engineering drainage study and legal opinions relating
thereto; and
WHEREAS, said notice of intention has been given in the manner and
for the time required by law, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
SECTION I
That all facts recited in the preamble of this Ordinance are hereby
found and declared to be true and correct.
SECTION II
That for the purpose of evidencing the indebtedness of the City of
Pearland, Texas, for personal services in the development of a drainage study
and legal opinions related thereto, there shall be issued the Time Warrants of
said City in the principal sum of $15,000.00, to be known and designated as
"City of Pearland Drainage Study Time Warrants, Series 1979", in strict
conformity with the Constitution and laws of
Chapter 163, Acts of the 42nd Legislature of
amended, compiled as Article 2368a, Vernon's
amended..
the State of Texas, particularly
Texas, Regular Session, 1931, as
Texas Civil Statutes, 1925, as
SECTION III
That said warrants shall be dated December 1, 1979, shall be numbered
consecutively from 1 to 15, both inclusive, shall be in the denomination of
$1,000.00 each, aggregating $15,000.00, shall bear interest at a rate of Six and
one-half (6 %) per cent per annum, interest payable December 1, 1979, and
annually thereafter on December 1st in each year until the principal sum is
paid, and shall be payable, without exchange or collection charges to the owners
or holders thereof, at the office of the City Secretary of the City of Pearland,
Texas, in any coin or currency which, on the respective dates of payment of such
principal and interest,'is legal tender for the payment of debts due the United
States of America. Said warrants shall becomedue and payable serially on the
1st day of December in each of the years 1980 to 1981, both inclusive, in the
respective amounts shown in the following schedule to -wit:
Warrant Numbers
1 - 7
8 - 15
Year of Maturity Amount Maturing
1980 $7,000.00
1981 8,000.00
SECTION IV
That each of said warrants shall be signed by the Mayor of the City of
Pearland and countersigned by the City Secretary, and the official seal of said
City shall be impressed upon each of said warrants.
No.
SECTION V
That said warrants shall be in substantially the following form:
$1,000.00
UNITED STATES OF A1dERICA
STATE OF TEXAS
COUNTIES OF HARRIS & BRAZORIA
CITY OF PEARLAND DRAINAGE STUDY TIME
WARRANTS, SERIES 1979.
THE CITY OF PEARLAND, in the Counties of Harris and Brazoria, State
of Texas, for value received, acknowledges itself indebted to and hereby
PROMISES TO PAY TO BEARER ON THE FIRST DAY OF DECEMBER, 19, the sum of
ONE THOUSAND DOLLARS ($1,000.00), with interest thereon from the date hereof until
the principal is paid at the rate of Six and one-half (61%) percent per annum,
interest payable December 1, 1979, and annually thereafter on December 1st in
each year until the principal sum is paid. Both principal of and interest on
this warrant shall be payable in any coin or currency which on the respective
dates of payment of such principal and interest is legal tender for the payment
of debts due the United States of America, at the office of the City.Secretary
of the City of Pearland, Texas, without exchange or collection charges to the
owner or holder. And for the prompt payment of this warrant at maturity and
the interest hereon as it becomes due, the full faith, credit, and resources of
said City are hereby irrevocably pledged.
THIS WARRANT IS ONE OF A SERIES OF 15 SERIAL TIME WARRANTS of like
tenor and effect, except as to serial numbers and maturity, being numbered
consecutively from 1 to 15, both inclusive, in the denomination of $1,000.00
each, aggregating $15,000.00, and together with the other warrants of this
series, is issued for the purpose of evidencing the indebtedness of said City
for all or any part of the cost of the Contract for engineering drainage study
and legal opinions for the City of Pearland, under and in strict conformity with
the Constitution and laws of the State of Texas, including particularly Chapter
163, Acts of the 42nd Legislature of Texas, Regular Session, 1931, as amended,
compiled as Article 2368a, Section S, Vernon's Texas Civil Statutes, 1925, as
amended, and pursuant to an ordinance adopted by the City Council of said City,
which ordinance is of record in the official minutes of said City Council.
THE DATE OF THIS WARRANT, in conformity with the ordinance above
mentioned is DECEMBER 1, 1979.
IT IS HEREBY CERTIFIED, RECITED, AND REPRESENTED that the issuance of
this warrant and the series of which it is a part is duly authorized by law;
that all acts, conditions and things required to be done precedent to and in
the issuance of this series of warrants have been properly done and performed,
and have happened in regular and due time, form, and manner, as required by law;
that due provision has been made for levying and collecting annually by taxation
an amount sufficient to pay the interest on these warrants as it falls due and
to create and provide a sinking fund for the final redemption of said warrants
at maturity; that the issue of the series of warrants, of which this is one,
together with all other indebtedness of said City is within every debt and other
limitation prescribed by the Constitution and laws of the State of Texas.
IN WITNESS WHEREOF, the City Council of the City of Pearland, Texas,
has caused the corporate seal of said City to be affixed hereto and this warrant
to be signed by the Mayor and countersigned by the City Secretary, all as of
December 1, 1979.
Mayor, City of Pearland, Texas
COUNTERSIGNED:
City Secretary, City of Pearland, Texas
(SEAL)
SECTION VI
That while said warrants, or any part of the principal thereof or
interest thereon, remain outstanding and unpaid, there is hereby levied and
there shall be annually assessed and collected in due time, form, and manner,
and at the same time other City taxes are assessed, levied, and collected, in
each year, beginning with the current year, a continuing direct annual ad valorem
tax upon all taxable property within said City sufficient to pay the current
interest on said warrants and to create and provide a sinking fund of not less
than two (2%) per cent of the principal amount of said warrants then outstanding
or of not less than the amount required to pay the principal payable out of said
tax, whichever is greater, full allowance being made for delinquencies and costs
of collection and said taxes when collected shall be applied to the payment of
the principal of and interest on said warrants, and to no other purpose.
SECTION VII
That the Mayor and City Secretary are authorized and directed to execute
and countersign each of said warrants for and on behalf of the City of Pearland,
but said warrants shall not be delivered until further authorized by this City Council.
SECTION VIII
That this ordinance shall be effective after its passage and approval
upon second and final reading.
PASSED AND APPROVED on FIRST READING this /3 day of
, A. D., 1979.
Mayor, City of Pearland, Texas
ATTEST:
6 -J
City Secretary
PASSED AND APPROVED ON SECOND AND FINAL READING this
f-yar/ Lt e_4, A. D., 1979.
ATTEST:
City Secretary
Effective Date: i/- 26- 7,9
Mayor, City of Pearland, Texas
day of