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HomeMy WebLinkAboutOrdinance - 2417-1958 - Amending Zoning Ordinance $160,000 Park Bond - 02/27/19580.-;l -~-=~--l.S '5CO ORDINANCE NO. 2417 All OBDIRANCE AJIIENDIBO ORDINANCE NO. 2395 1 AtrrHORIZING TBB ISSUANCE OP $160,000 "Cift' OP LUBBOCX:1 '.rBXAS, PARK BONDS, SERIES 1958" 1 DATED JIARCB 1, 1958 'fBE STATB"QF TEXAS CITY OF LUBBOCK COUNTY OF LUBBOCK I OR T.HIS, the 27th day or Pebruary, 1958, the City Co~asion or the City ot Lubbock, Texas, convened in ~gular session at the regular meeting place thereof in the City Hall, all the members thereof being present to .. it: S. S. FORREST, JR. LINNIS BAKER O. L. BYRD HOJIID. G. MAXEY DAVID CASEY MRS. LA.VENIA LOWE .l and MAYOR COMMISSIONERS CITY SECBETABY alsG being present; constituting a quorum, at which time the following among other business was transacted: Commiasioner _______ ~~r~d _________ preaented tor the consideration ot the City Col11Ri.aa1Gn an or41nanee amending Ordinance No. 2395, passed an4 adopted by the City Commission on the lOth day or February, 1958, authorizing the issuance ot $160,000 "Cit~ ot Lubbock, Texas, Park Bonds, Series 1958", dated March l, 1958. The ordinance was read in full by the City Secretary. Thereupon, Commiasioner _____ ~~d~ __________ naoved that the rule requiring that no ordinance shall be passed on the day on which it is introduced be suspended_ and in view ot the emergency set torth and derined in the preamble to the proposed ordinance, the same be declared an emergency measure. I This motion was duly seconded by co .. iaaioner ~sey • ------------------T.be Motion eartied by the following vote: YEAS: Mayor Forrest and Commissioners Baker, Byrd, Maxey and casey. NAYS' NQne. Thereupon~ Commisa1Qner ____ ~~-r_d ____________ moved that the ordinance as read in tull by the City Secretary be finally passed and adopted by the Commission. This motion was seconded by QQ .. isaioner ~sey , and tbe motion ------------------· carrying with it the final passage and adoption of the ordinance, was unaniaously carried by the following vote: YEAS: JJayor Forrest and co-iaaionera Baker, Byrd~ lllaxey and casey. NAYS: None. Thereupon, the Mayor announced that the ordinance had been finally passed and adopted by unanimous vote ot the Com- mission in accordance with the requimments ot Sect1Qna 15, 16 and 17 ot Article IX ot the Lubbock, Charter; and the Mayor thereupon signed and approved the ordinance in the presence ot the CoiiiDliaaion. The ORDINANCE is as tollows: NUIIBBR 2417 "AN ORDINANCE by the City Commission of the City ot Lubbock, Texas amending Ordinance No. 2395 passed and adopted by the said -City Commission on the loth day Gt Bebruar71 19581 authorizing issuance ot $16Q.OOO 1City of Lubbock, Texas, Park Bonds', Series 1958 1 , dated March l, 1958, so as to pro- vide for the manual countersigning ot said bonds by the City Secretary in lieu of facsimile signa- ture; enacting provisions incident and relating to the subject and purpose of this ordinanceJ and declaring aD eaergenc7." J WHEREAS, heretofore, to-wit: on the lOth day ot February, 1958, the City Commission ot the City ot Lubbock, Texas, duly passed and entered or Record Ordinance No. 2395 authorizing the issuance ot $160,000 "Oity ot Lubbock, Texas, Park Bonds, Series 1958", dated March 1, 1958; and WHEREAS, it is now found and determined that it is necessary and advisable that the aforesaid ordinance be amended so as to provide in Sections o and 7 thereof tor the eounter- sign*ng ot said bonds by the manual signature ot the City Secre- tary ~n lieu ot the facsimile signature of said City Secretary prescribed under the terma·or said ordinance herein amended; and WHEREAS, it is FOUND, DETERMINED AND ADJUDGED that it is necessary and to the best interest ot the City of Lubbock that the aforementioned ordinance No. 2395 be amended as hereinabove provided, so as to expedite the delivery ot the bonds and the receipts ot the proceeds thereof by the City tor the purpose of purchasing and/or improving lands tor public parks in and tor said City, at the earliest possible date, tor the ~ediate preservation ot the public peace, property, health and safety ot the citizens ot the City Qf Lubbock, Texas, and that by virtue thereof this ordinance shall be passed and adopted as an emergenc measure; therefore ' BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: . SECTION 1: That the aforesaid Ordinance No. 2395 passed and adopted o~ the lOth day ot February, 1958, authorizing the issuance ot $160,000 "City ot Lubbock, Texas, Park Bonds, Series 1958", dated March 1, 1958, be and said ordinance is hereby amended as follows: ·. That Sectien 6 or said Grdinance shall hereafter read and provide as follows: "SECTION 6; That the corporate seal ot the nciTY OF LUBBOCK1 TEXAS" shall be impressed upon each of said bonds and each may be signed ~Y the imprinted facsimile signature or the Mayor and shall be countersigned manually by the City Secretary. The facsimile signatures ot both the Mayor and Oity Secretary shall be impressed upon each ot the interest coupons attached to eec~ ot said bonds, and execution ot the bonds and interest coupo~s by tacstmile signatures in the manner aforementioned shall have the same etteot as if manual signatures were employed throughout, all in accordance with the provisions ot Chapter 293, enacted by the 54th Legislature or Texas at its Regular Session in 1955 (codified as Article 717J Vernon 1s Annotated Civil Statutes ot Texas, 1925, as amended)." That Section 7 ot said ordinance shall hereafter read and provide as follows: "SECTION 7: That the torm ot said bonds shall be substantially as follows: NO. UNITED STATES OF AJIIERICA STATB OF TEXAS COUN'tY OF LUBBOCK CITY OF LUBBOCK, TEXAS, PARK BOND SEBIES 1958 $1,000 The CITY OF LUBBOCK, a municipal corporation of the State ot Texas~ acknowledge• itself indebted to, and FOR VALUE RECEIVED, hereby promises to pay to bearer. without right ot prior redeaption, the sum ot ONE THOUSAND DOLLARS ($1~000) • in lawtul-~mceey ot the United States of America, on the FIRST DAY OP MARCH, 19 with interest thereon from the date hereot until paid at the rate or --------------------------PER Cmr.rtJK ( ~) per annum, payable en March 1, 1959, and semi-annually thereatter on September 1st and March 1st ia each year, and interest falling due on or prior to maturity hereof is payable only upon presentation and surrender ot the interest coupons hereto attached as they severally become due. BOTH PRINCIPAL and interest ot this bond are hereby made ·payable .at THE FIRST NATIONAL CI'rY BANK OF NEW YORK, New York ' New York, or, at the option of the holder, at the CITIZENS NATIONAL BANK, Lubbock, Texas, without exchange 0r collection charges to the. owner or holder, and for the prompt payment or this bond and the interest thereon at maturity, the tull faith, credit and resources or the City or Lubbock, Texas, are hereby irrevocably pledged. THIS BOND is one ot a series ot One Hundred SiXty (160) serial bonds, numbered consecutively from One (l) to One Hundred Sixty (160), both .imclusive, 1n denomination ot One Thousand Dollars ($1,000) each, aggregating 1n amount ONE HUNDRED SIXTY THOUSAND DOLLARS ($160,000), (being the second pareel or install- ment ot a total voted authorization ot $1,100,000 bonds), and issued tor the purpose ot making permanent public improvements to-wit: purchasing and/or improving lands tor public parks in and tor said Oity, under authority or the Constitution and laws Gt the State ot Texas, and pursuant to an ordinance d~ adopted by the City Commission ot the City ot Lubbock, Texas, and recorded in the Minutes ot said City Commission. IT IS HEBEBY CEB'l'IFIED, RECITED AND BEPRESENTED that the issuance ot this bond and the series ot which it is a part, is duly authorized oy law and by a vote ot the qualified proper- ty taxpaying voters of the City of Lubbock, Texas, voting at an election held tor that purpose within said City on the 8th day ot November, 1955; that all acts, conditions and things required to be done precedent to and in the issuance ot this series ot bonds and or this bond, have been properly done and performed and have happened in regular and due tiMe, form and manner as required by law; that sufficient and proper prQvision for the levy and collection ot taxes has been made which, when collected shall be appropriated exclusively to the payment of thisbond and the series of which it is a part, and to the payment of the interest coupons thereto annexed, as the same small become due; and that the total indebtedness of the City of Lubbock,Texas, including the entire series of bonds of which this is one, does not exceed any constitutional or statutory limitation. IN TESTIMONY WHEREOF, the City coaaission has caused the seal ot said City to be impressed hereon, and this bond to be signed with the ~printed facsimile signature of the Mayor. countersigned by the manual signature or the City Secretar.y, and the appurtenant coupons to be signed b7 the imprinted facsimile signatures ot said Ma7or and City Secretary. (in accordance with authority conferred b7 the provisions ot Chapter 293, enacted by the 54th Legislature or Texas at its Regular Session, 1955), the . date ot this bond, in confo~ty with the ordinance above reterre to, being the lat COUNTERSIGNED: city Secretary, city or tubbock, 'l'ixas .. SEOfiOH 2: Except as amended in conformity with the foregoing, said ordinance or February 10, 1958, ia hereby ratified, approved and confirmed. SECTION 3: The tact that it is to the best interest ot the City or Lubbock, that the atorementioned Ordinance No. 2395 be amended aa hereinbefore provided so as to expedite the delivery or the bonds and the receipt of' the proceeds thereof' by the City tor the purpose ot purchasing and/or improving lands tor public parks in and tor said ·City, at the earliest possible date, creates this an emergency measure tor the immediate preser- vation ot the public peace, property, health and safety, as well as a more efficient administration and operation or the C1ty1s above mentioned parks, demanding that the Charter provi- sion to the etteot that no ordinance shall be passed on the day on which it shall be introduced be suspended, and this ordinance ia hereby declared an emergency measure by unanimous vote of the City Oo~ssion, the same shall take effect from and after its passage, and it is so ordained. .• PASSED AND APPROVED, this the 27th day of' February, 1958. (City Seal) CERTIFICATE OF OI!Y SECRETARY THE STATE OF TEXAS CITY OJ' LUBBOCK I COUNTY 01! LUBBOOK I 1 the undersigned6 City Secretary or the City ot Lubbock, Texas, DO HEREBY CERTIFY that the tore going is a true and correct copy of an ordinance amending Ordinance No. 2395 authorizing the issuance or $1601 000 neity ot Lubbock. Texas, Park-Bonds", dated March 1. 1958, (and Minutes pertaining to its adoption), said ordinance passed· and adopted by the City CoDDission on the 27th day ot February .. 1958, at a ReauJar session ot said Commission, and which ordinance is ot recdrc:l in Book 17 , page et seq.., ot the Minutes ot said ---- Commission. IN WITNESS WHEBEO:F, I have hereunto signed m::J name officially and attixed the seal ot said City, this the 27th day of February, 1958. (City Seal)