Ord. 0400 07-23-79ORDINANCE N0. 400
AN ORDINANCE AUTHORIZING THE ISSUANCE OF EMERGENCY MEDICAL SERVICES
TIME WARRANTS OF THE CITY OF PEARLAND, TEXAS; PRESCRIBING
THE TERMS AND CONDITIONS THEREOF AND UPON SVHICH SUCH WARRANTS
SHALL BE ISSUED; LEVYING TAXES TO PROVIDE THE PAYMENT THEREOF;
AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT.
WHEREAS, the City Council of the City of Pearland has heretofore
determined that it would be in the best interest of the City to purchase
equipment and services for the Emergency Medical Services Department; and
WHEREAS, on the 29th day of May, 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 to bidders and notice of intention to issue Time Warrants of
said City in the maximum principal sum of $50,000.00, bearing interest at a
rate not to exceed Six and one-half (61%) per cent per annum and maturing
serially over a period of years not to exceed three (3) 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 the purchase of the equipment and
services;. and
WHEREAS, said notice to bidder and notice of intention has been given
in the manner and for the time required by law; and
WHEREAS, on the date specified in said notice the City Council caused
the bids to be received and to be opened and tabulated; and
WHEREAS, in a regular meeting of the City Council held on June 25, 1979,
the City Council determined the following to be the best bids received:
BIDDER ITEMS AMOUNT
Item A - Two Cabs $ Chassis $24,052.00
Item B - Modular Ambulance Body 20,661.00
Item C - Remount of Ambulance Body 3,175.00
WHEREAS, such Time Warrants are necessary to provide for the immediate
preservation and protection of public property, and the lives and health of the
citizens of the City of Pearland, 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 all or any part of the cost of the purchase of. equipment..
Superior Southwest, Inc._
•
and services by the City of Pearland, Texas, including personal and professional
services to be rendered in connection therewith and other incidental expenses in
connection therewith, there shall be issued the Time Warrants of said City in
the principal sum of $50,000.00, to be known and designated as "City of Pearland
Emergency Medical Services Time Warrants, Series 1979", in strict conformity
with the Constitution and laws of the State of Texas, particularly Chapter 163,
Acts of the 42nd Legislature of Texas, Regular Session, 1931, as amended, compiled
as Article 2368a, Vernon's Texas Civil Statutes, 1925, as amended.
Section III.
That said warrants shall be dated August 1, 1979, shall be numbered
consecutively from 1 to 10, both inclusive, shall be in the denomination of
$5,000.00 each, aggregating $50,000.00, shall bear interest at a rate of Six and
one-half (6 %) per cent per annum, interest payable October 1, 1980, and annually
thereafter on october:lin 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 become due and payable serially on the first day of
October:,t„.in each of the years 1980 to 1982, both inclusive, in the respective
amounts shown in the following schedule to -wit:
WARRANT NUMBERS YEAR OF MATURITY AMOUNT MATURING
1 - 3 1980 $15,000.00
4 - 6 1981 15,000.00
7 - 10 1982 20,000.00
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.
Section V.
That said warrants shall be in substantially the following form:
NO.
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF HARRIS $ BRAZORIA
CITY OF PEARLAND EMERGENCY MEDICAL SERVICES
TIME WARRANTS SERIES 1979
$5,000.00
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 OCTOBER, 19, the sum of
FIVE THOUSAND DOLLARS
($5,000.00),.with interest thereon from the date hereof until the principal is
paid at the rate of Six and one-half (61%) per cent per annum, interest payable
Octoberl, 1980, and annually thereafter on october'lin 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 10 SERIAL TIME WARRANTS of like tenor
and effect, except as to serial numbers and maturity, being numbered consecutively
from 1 to 10, both inclusive, in the denomination of $5,000.00 each, aggregating
$50,000.00, and together with the other warrants of this series, is issued for
the purpose of evidencing the indebtness of said City for all or any part of the
cost of the purchase of equipment and services, including personal and professional
services rendered in connection therewith and other incidental expenses in
connection therewith, 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 5, 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
intheofficial_minutes of said City Council.
THE DATE OF THIS WARRANT, in conformity with the ordinance above
mentioned, is August 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 singed by the Mayor and countersigned by the City Secretary, all as of
August 1, 1979.
COUNTERSIGNED: Mayor, City of Pearland, Texas
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 an 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 ,4y of
A. D., 1979.
Mayor, City of Pearland, Texas
.rt
Wilson; McComb, FrauenberSr
PASSED AND APPROVED on SECOND and FINAL READING this
ATTEST:,
;.City Secretary
APPROVED AS TO FORM:
2\1 day of
Mayor, City of Pearland, Texas.
gd_a_}
Effective Date: 7_. ,, 3 - 79
VOTING RECORD: ORDINANCE NO. 400__
FIRST READING: (Da.e)— ul 9 1979
AYES: COUNCILMEN Wilson, McComb,
Mack , , and PP inger =-- ----
NoES• None
SECOND READING: (Date) July 2 , . �7c�-
AYES: COUNCILMEN
Mack and Co p n r
NOES: None