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O67-09CERTIFICATE, FOR ORDINANCE AUTI3.ORIZING,THE ISSUANCE OF WARRANTS THE STATE OF TEXAS COUNTY OF TARRANT CITY OF KENNEDALE We, the undersigned officers of said City, hereby follows: 1. The City Council of said City convened in SPECIAL MEETING ON THE 12TH DAY OF APRIL , 1967, at the City Hall, and the roll was called of the duly constitut- ed officers and members of said City Council, to -wit: B. T. Webb, Mayor Don Lyon Cecil Lyon Bobby R. Vaughn certify as Nettie 0. Roberts, City John J. Biondi, Jr. Mrs. Evelyn Blissard and all of said ersons were present, ex absentees: l� thus constituting a qu um, Whereupon, among of the following was transacted at said Meeting a written ORDINANCE AUTHORIZING THE ISSUANCE OF WARRANTS was duly introduced for the consideration of said City Council and read in full_ It was then duly moved and seconded that said Ordinance be passed; and, after due discussion, said motion, carrying with it the passage of said Ordinance, prevailed and carried by the following vote: AYES: All members of said shown present above NOES: None. 2, That a true, full, and Ordinance passed at the Meeting described in the above and fore- going paragraph is attached to and follows this Certificate; that said Ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Or- dinance; that the persons named in the above and foregoing para- graph are the duly chosen, qualified, and acting officers and members of said. City Council as indicated therein; and that each of theofficers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for said Meeting, and each of said officers and members in advance, to the holding of said Meeting for such Secretary passage at consented, purpose. 3, That the Mayor of said City has approved, and hereby approves, the aforesaid Ordinance; that the Mayor and the City Secretary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordinance for all purposes_ ept the City Council voted "Aye." ollowing r business, correct copy of the aforesaid SIGNED -AND SEALED the 12th day of (SEAL) April , 1967. ifdee,2s�~ City' Secretary Mayor KENNEDALE ORDINANCE N0, 67-9 ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF KENNEDALE INTEREST BEARING TIME WARRANTS WHEREAS, the City Council of the City of Kennedale, Texas, has heretofore determined that it is to the best interest of the City to construct improvements and extensions to the City's Waterworks System; and WHEREAS, the City Council has heretofore, on the. l6th day of March , 1967, passed an ordinance authorizing and directing the City Secretary to give Notice to Bidders for the purpose indicated herein, which notice is in words and figures as follows, to -wit: NOTICE TO BIDDERS OF CITY'S INTENTION TO LET A CONTRACT' OR CONTRACTS FOR THE SUPPLIES NECESSARY FOR THE EXTENSIONS TO THE CITY'S WATERWORKS SYSTEM,. AND OF THE CITY'S INTENTION TO DELIVER INTEREST BEARING TIME WARRANTS IN PAYMENT OF ALL OR A PORTION' OF THE COST THEREOF SEALED PROPOSALS addressed to the City of Kennedale, Texas, City Hall, will be received at the office of the City Secretary, in the City of Kennedale., Texas until 2:00 o'clock, P.M., on the 6th day of April, 1967, for the furnishing of material for: The materials and supplies for the construction of improvements and extensions to the City's Waterworks. System not exceeding $13,000. in accordance: with specifications therefor now on file in the office of the City Secretary, and at such time and place all such proposals will be publicly opened and read. Bidders are expected to inspect the site. and to inform themselves of all local conditions. Plans and Specifications covering the work to be done may be examined at the office of the City Secretary in the City Hall at Kennedale, Texas. Plans, Specifications and Bidding Documents may be secured at the office of Freese, Nichols and Endress, Consulting Engineers, 508 Throckmorton Building, Fort Worth, Texas, without deposit. It is the intention of the City Council to issue the time warrants of the City of Kennedale for payment of a part or all of the contracts to be made pursuant to this notice, and to pay part or all of the Engineer's fees. The maximum amount of time warrant indebtedness to be incurred for said purposes shall be $15,000, the'maximum rate of interest such time warrants are to bear is 6% per annum, and the maximum maturity date thereof shall be 1988. The City has obtained a commitment from an investment company for the purchase of said warrants from the Contractor, so that said warrants shall be delivered to the Contractor on approved estimates and the Contractor will immediately deliver said warrants to said investment company and receive in cash the par value therefor. NO BID may be withdrawn within thirty (30) days after the date on which bids are opened. IN CASE of ambiguity or lack of clearness in stating the price in the bids, the City reserves the right to consider the most advantageous construction thereof, and to reject any or all bids, and to award a contract or contracts to that bidder or bidders who, in the opinion of the City Council, offers the proposal to the best interest of the City. The City may also waive formalities. /s/ B. T. Webb Mayor, City of.Kennedale, Texas. WHEREAS, said notice has been duly published in the "Kennedale News", a newspaper published in, the City of Kennedale, Texas, in its issues of March 23 , 1967, and March 30 , 1967; and WHEREAS, no petition for a referendum election has been filed with the City Council as permitted under the pro- visions of Chapter 163, Acts of the Regular Session of the Forty Second Legislature, known as the "Bond and Warrant Law of 1931"; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE: 1. That the warrants of the City of Kennedale, Texas, to be called "City of Kennedale Time Warrants, Series 1967-A", be issued under and by virtue of the Constitution and Laws of the $15,000, State of Texas in the amount of $Y2TV, for the purpose of ac- quiring materials and supplies for the construction of improve- ments and extensions to the City's Waterworks System, in the sum of 12 b00, and for the purpose of paying engineering fees in the sum of 2,400 on sail prsaicd warrants shall be numbered consecutively from 1 through 16, shall be and 16 Warrants NoQ ]/, in the in the denomination of $1,000 each, except and $400, respectively, denominationsof $60Q; and shall become due and payable on April 1 of the years, as follows: YEARS AMOUNTS 1986 1987 1988 3. That said $5,000 5,000 X $5,000. warrants shall be dated April 1, 1967. 4. Said warrants shall bear interest from their at the rate of 6% per annum, evidenced by coupons payable April 1, 1968 April 1. and semi-annuallythereafter on date each October 1 and 5. That the principal of and interest on said warrants shallbe payable in lawful money of the United States of America upon presentation and surrender of warrant or proper coupon at the Mercantile National Bank at Dallas, Dallas, Texas, without exchange or collection charges to the owner or holder thereof. 6. That each of said warrants shall be signed by the Mayor and countersigned by the City Secretary, and the seal of said City shall be impressed upon each of them. 7. That the facsimile, signatures of the Mayor and City Secretary may be lithographed or printed on the coupons attached to said warrants, and said printed or lithographed signatures shall have the same. effect as if they had been executed manually by said officers. 8. The form of warrants shall be substantially as follows NO. UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF TARRANT CITY OF KENNEDALE TIME WARRANT SERIES 1967-A The City'of Kennedale, in the County of Tarrant, State of Texas, acknowledges itself indebted to, and'promises to pay to the bearer hereof on the 1st day of April, 19, the sum of DOLLARS in lawful money of the United States of America, with interest thereon from the date hereof at the rate of 67 per annum, evidenced by coupons payable April 1, 1968, and semi-annually thereafter on October 1 and April 1 of each year, and the City Treasurer is hereby authorized, ordered and directed to pay to bearer said principal sum together with interest thereon, evidenced by coupons hereto attached, both principal and interest payable at the Mercantile National Bank at Dallas, Dallas, Texas, without exchange or collection charges to the owner or holder hereof. The full faith and credit of the City of Kennedale; Texas, and all of the taxable property in said City are hereby irrevocably pledged for the prompt payment of the principal of this warrant at maturity and the interest thereon as it accrues. This warrant is one of a series of 16 warrants of like tenor and effect, except as to number, denomination and maturity, numbered consecutively from 1 through 16, of the 15 and 16, denomination of $1,000 each, except WarrantsNcs. 10C of the and $400 respectively, $15,000, denominationsof $609', aggregating $10000, issued for the purpose of acquiring materials and supplies for the construction of improvements and extensions to the City's Waterworks System, and paying the engineering fees on said project, under and by virtue of the Constitution and laws of the State of Texas, and pursuant to an ordinance passed by the City Council of the City of Kennedale, Texas, duly recorded in the minutes of said City Council. The date of this warrant in conformity with the -ordinance above mentioned is the 1st day of April, 1967. AND IT IS HEREBY CERTIFIED AND RECITED that the issuance of this warrant and the series of which it is a part is duly authorized by law and that all acts, conditions and. things required to be done precedent to and in the issuance of this series of warrants and of this warrant have been properly done and performed and have happened in regular and due time, form and manner as required by law, and that the City of Kennedale has received full value for this warrant; 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 provide a sinking fund for the final redemption of said warrants at maturity; that the issue of warrants of which this is one, together with all indebtedness of said City is within every debt and other limit prescribed by the Constitution and laws of the State of Texas. IN WITNESS WHEREOF, the City of Kennedale, by its City Council, has caused the seal of said City to be hereto affixed and this warrant to be signed by its Mayor and counter- signed by its City Secretary, as of the 1st day of April, 1967. Mayor, City of Kennedale, Texas COUNTERSIGNED:.. City Secretary, City of Kennedale, Texas follows: NO. 9. The form of coupon shall be substantially as ON THE 1ST DAY OF 19 The City Treasurer of the City of Kennedale, Texas, will pay to bearer the amount shown on this interest coupon, in lawful money of the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this interest coupon, at the Mercantile National Bank at Dallas, Dallas, Texas, said amount being interest due that day on the warrant, bearing the number hereinafter desig- nated, of that issue of City of Kennedale Time Warrants, Series 1967-A, dated ,April 1, 1967. No. City Secretary Mayor 10. Said warrants, in the authorized amount of $15,000.. V@, shall be printed, and with the printed or lithographed coupons attached, shall be executed by the Mayor and counter- signed by the City Secretary. The warrants thus executed shall. be placed in the custody of the City Secretary and shall be delivered in installments, as and when and in the amount,neces- sary from time to time, to the contractor.furnishing material and to the engineers on said project or engineers. and suppli4, or ,to assignees of such contracto/. Under no circumstances shall any of said warrants be delivered by the City except for the purposes for which they are authorized. A finding by the City Council that a specific item of indebtedness was incurred for a purpose for which said warrants are authorized shall be conclusive when contained in an ordinance passed by the City Council. 11. After claims and estimates shall have been approved by the City Council for any purpose for which said warrants are authorized, the Mayor and City Secretary shall issue and deliver to each claimant an amount of warrants not exceeding the amount of the claim. 12. That a special fund to be designated "City of Kennedale Time Warrants, Series 1967-A Fund" is hereby created and the proceeds from all taxes collected for and on accountof this series o•f warrants shall be credited to said fund for the purpose of paying the interest as it accrues and to provide a sinking fund for the purpose of paying each installment of principalas:it becomes due, and said fund shall be used for no other purpose., :For each year while any of said warrants or interest thereon ascertained, at the ,are unpaid,'there shall be computed and._: timeother taxe,s.are levied, the rate of tax based on .the latest approved rolls of said City as will be requisite and sufficient to make, raise and produce in each of said years a.'fund to pay the the principal as it matures, principal as a sinking fund, interest as it accrues and to pay or to provide at least 2% f.the., whichever is greater, full allow- ances being made for delinquencies and costs of collection. A tax at the rate as hereinabove determined is ordered to b levied and is hereby levied against all of the taxable property in said City for the current year and for each year hereafter while said warrants or any of them are outstanding and unpaid, the said tax each year shall be assessed and collected and placed in the fund hereby created and the Treasurer shall honor warrants against said fund for, the purpose 'of. paying the interest on and principal ofsaid warrants and for no other purpose. 13. .The assignees of said claims and the holders of said warrants are hereby subrogated to all rights which the persons to whom.the original warrants were issued had against the City of Kennedale. 14. The Mayor and City Secretary are hereby ordered to do.any :and all things necessary to accomplish the transfer of said moneys to the interest and sinking fund of this issue in ample time to pay such items of principal and interest. •