ORDINANCE NO. 206
:
. .
, .
,
AN ORDINANCE #" ~ O&:,
APPROVING THE BIDS OF Silllins Fire Eq-uip. Co. Inw.BY ,THE CITY OF SCHERTZ,
TEXAS, FOR THE PURCHASE OF FIRE EQUIPMENT AND AUTHORIZING THE
ISSUANCE OF THE CITY OF SCHETZ, TEXAS, TIME WARRANTS SERIES, 1969,
AGGREGATING $30,000.00 BEARING INTEREST AS THEREIN SPECIFIED FOR
THE PURPOSES OF PAYING FOR FIRE EQUIPMENT FOR THE CITY OF SCHERTZ,
TEXAS, AND PROVIDING FOR THE LEVYING AND COLLECTION OF TAXES ON
ALL OF THE TAXABLE PROPERTY IN SAID CITY SUFFICIENT TO PAY THE
INTEREST ON SAID WARRANTS AND THE PRINCIPAL AS IT MATURES AND DE-
CLARING AN EMERGENCY.
WHEREAS, as shown by ordinance heretofore made the City of
Schertz, Texas, authorize the purchase of certain fire equipment
for the fire department of the City of Schertz, Texas, andl
WHEREAS, on.-"..
thSl 20th day of November, 1969, to which
date the said council had recessed from a meeting held for the
hereinafter set out purposes on November 6, 1969, the City of Schertz,
Texas, acting by and through its Mayor authorized by the City Council
Inc.
accepted the bid of Simms Fire Eciuio~ Co. / to furnish the said City
of Schertz, Texas, certain fire equipment in accordance with notice to
bidders issued by said City, Whereby the said Simms Fire Equinment Co. Inc.
is obligated to sell and deliver the aforesaid fire equipment, to said
city andl
WHEREAS, the City Council finds and adjudicates: (1) That all
legal requirements in reference to said purchase of fire equipment
and notice to bidders in connection therewith and in reference to
the organization of this meeting and in reference to passing this
ordinance have been complied with, and (2) that pursuant to provi-
sions of Chapter 163, acts of the Regular Session of the Forty-Second
Legislature of the said City is duly authorized to issue time war-
rants for the payment to said fire equipment, andl
WHEREAS, the City does not have on hand funds available for
the purpose of paying for said fire equipment, but will have funds
on hand from taxation sufficient to pay for warrants herein
authorizedl now, therefore:
BE IT ORDAINED BY THE CITY .cOUNCIL OF THE CITY OF SCHERTZ, TEXAS:
Inc.
1. That the bid of Simms Fire EQuio. ColfC!I!Dc"the sale of fire equipment
to the city of Schertz, Texas, as herein above designated is hereby in
all things ratified, confirmed, approved and adopted as an act of said
citYl
2. That the terms of the said bid contains the provision that
,
,
, .
"
time warrants be issued to the lo~est and best bidders as above
mentioned to be denominated, ,the: ' City of Schertz, Texas, Time
Warrants, Series of 1969, in payment therefor and such warrants
in the sum of $30,000.00 payable to bearer be issued evidencing
the indebtness due by said city for the payment for the fire equip-
ment aforesaid and incidental costs therewith;
3. Said warrants shall be numbered from one (1) to ten (10),
inclusive, shall be in the denomination of Three Thousand Dollars
($3,000.00) each, aggregating Thirty Thousand Dollars ($30,000.00).
They shall be :dated NovembElX'~, 1969, and shall bear interest
at the rate of six per cent (6%) per annum payab1e November ~,
1970, and annually thereafter on the:" 19 day of November or each
year, which interest is a part of the contract price agreed to be
pad.d for said fire equipment and incidental services. Such warrants
shall provide that same may be redeemed or any of such warrants may
,
be redeemed on any interest bearing date upon payment of principal
of said warrants and the accrued interest thereon. Principal and
interest shall be payable at the Schertz State Bank, Schertz, Texas,
and said warrants shall be made to mature as follows:
WARRANT, NUMBERS
1
2
3
4
5
6
7
8
9
10
MATURITY DATES
'. AMOUNTS
November 19 , 1970
November 19 , 1971
November 19 , 1,972
November 19, 1973
November 19, 1974
November 19 , 1975'
November 19, 1.976
November 19, 1977
November 19, 1978
November 19, 1979
$3,000.00
3,000.00
3,000.00
3,000.00
3,000.00
3,000.00
3,000.00
3,000.00
3,000.00
3,000.00
$30,000.00
4. Said warrants shall be signed by the Mayor, countersigned
by the City Secretary, and registered by the City Treasurer and
the seal of the City shall be impressed upon each of them.
5. The form of such warrants shall be as follows:
No.
$3,000.00
UNITED STATE OF AMERICA
STATE OF TEn.S
CITY OF SCHERTZ
TIME'WARRANTS
SERIES 1969
-2-
'.
The city of Schertz, Texas, a municipal corporation in Guada-
lupe County, Texas duly incorporated under the,general laws of
the state of Texas for value received, acknowledges itself indebted
to the bearer, on the ~ day of November, 1970 in the sum of
($3,000.00) Three Thousand Dollars in lawful money of the United
States of America, with interest thereon from date hereof, at the
rate of six per cent (6%) per annum, payable November J:L, 1970,
and annually thereafter on the ~ day of November of each year
which interest is evidenced by coupons attached hereto, principal
and interest payable at the office of the Schertz State Bank, Schertz,
Texas, upon presentation and surrender of warrants or proper coupons;
and the City Treasurer is authorized, ordered and directed to paybearer
said principal sum and interest as the same matures. The city of
Schertz, Texas, reserves the right to prepay on any interest paying
date this warrant upon payment of accrued interest. In the event
the sum of money evidenced by this warrant and annexed coupons shall
not be paid at maturity, the same shall thereafter bear interest
at the rate of six per cent (6%) per annum, until fully paid, and in
the event of such default and it becomes necessary for the holder
hereof or of any of the coupons attached hereto to place claim there-
for in the hands of an attorney for collection or to institute
suit hereon, then said City obligates itself to pay to holder and
additional ten per cent as attorney's fees.
THIS WARRANT is one of a series of ten warrants of like date
and tenor except as to maturities, numbered One (1) to Ten (10) .
inClusive, in the denomination of $3,000.00 each, aggregating the sum
of $30,000.00, issued for the purpose of evidencing the indebtness
due by said City to the bearer, for purchase of fire equipment
for such city; and pursuant to an ordinance passed by the City Council
of said City, which ordinance is recorded in the Minutes of said
Council.
THE DATE of this warrant in conformity with the ordinance
above mentioned is November 20 , 1969.
-3-
___n___.-,
, ." _,t
... . ..
. '
','
'.
"
AID IT IS HEREBY CERTI:FIED AND RECITED that all acts, condi-
tions, and things required to be done, precedEmt to and in the iss-
uance of this warrant and of this series of warrants, have been
properly, done, have happened and been performed in regular and due
time, fOrIl\ and manner as required. by law, and that the total in-
debtedness of said City, including this warrant and ,the entire
series of which this is one, does not exceed. any constitutional or
stat"liltory limitation, and that a sufficient. tax to pay the principal
and interest of this warrant: and the entire series of which this
is one has been levied. for said purpose and will contin"lile to be
annually levied, assessed and collected.
of them are outstanding.
IN 'filS'l'IMONl' WHEREOF, the city Counc 1 of the City of Schertz,
Texas, has caused. the seal of said City t be hereto affixed and
this warrant to be signed by the llIlayor, c "tersigned by the City
Secretary, and r gis.tared by the City 'l're
cbupons hereto a tacl:).ed to be executed. by
signatures of th Mayor and City Secretar
interest
fac-simile
Noveinber, A. D.
20th day of
COUN'.t':ti:RSIGNED:
'l'exas.
~e
C1tySecre.ary,
REGJ:S'filRED
Texas.
~/~ day-of n~.J , A.p.;19l!i9.
~sG:r~,-1fS6hertz~
Texas.
6. The fOrIl\ of interest coupons attached toeach of said warrants
shall be substan.ially as follows,
No.
ON TRIS 'l':ElE
DAY OF
19
$
the city treasur r of the City of Schertz in Gtladalupe COlW.ty, 'il!exas,
-4-
. . .
. ,
. .
, .
.... ..
will pay to bearer at the Schertz State Bank, Schertz, Texas, the
sum of
DOLLARS
being month's interest due that date on the "City of
Schertz Time Warrants, Series 1969" dated November _, 1969.
WARRANT NO.
MAYOR
City Secretary
7. Be it further ordained by the City Council of the City of
Schertz, that to pay the interest and to create a sinking fund to
retire said warrants at their maturity and to provide 10% attorneys'
fees in event of default, a tax at a sufficient rate on the one
hundred dollars valuation of all taxable property in the said City,
out of the $1.50 taxing fund of said City to produce the sum of
t}. '-lit) (j. b {) is hereby levied for the year 1970;
that during the year 19,71 and each year thereafter
while any of said warrants are outstanding and unpaid and at the time
other city taxes are levied in each of said years there shall be
computed and ascertained what rate of tax based upon the latest
approved tax rolls of said City will be necessary, requisite and
sufficient to fully made, raise, and produce in each of said years
the amount of principal necessary to be raised for that year, plus
the interest maturing in said year upon the amount of this series
of warrants outstanding and unpaid and provide for 10% attorney's
fees in case of default, and for each of said years there is hereby
ordered to be and there is hereby levied and ordered to be assessed
and collected in due time, form and manner a tax at the rate which
shall be found necessary as aforesaid, and all the proceeds of such
taxes shall be placed in a separate fund for this series of warrants,
-5-
:- .------- ---
~
..4 .. ..... ..,
, "
.' .
. .
. . ...
. ,
. .
..... ".
.. .
. '
known anGLdesignated as " City of Schert:i!l T~c,:'Warrali1ts ,Series of
19.(i9, "and the City 'r'reasUrer ahall not honor any . draft upon said
fund or payout any of the same except in the paylIlemt of interest
on saieiil. warral'lts'or for ret'ClrIling the same, or fe~ attorneys' fees
as provided above.
8. :The Mayor anlil City .$e~etary are hereby directed to exeC:lU,te
said warrants, and the Treas\tJ:er is hereby directed, to register them,
anQ. said offioers are hereby directed to deliver said warrants to
Simms Fire Equipment Co., Inc. in consideration for the delivery to the
City of said t;i.me eqtl.ipment when same shall have been delivered to
the City and accepted 'by the City as in accorda-nce with the contract.
PASSEl::> AND Al?)?ROVJ!:J!), this the ~ O~ day of November, A. D., 1969.
CS:E:AJ:.)
G(~~~. . ...
Mayo, C ty of".e' tz, Te:x:aS.
. A~C'~
Cii:y Secretary, City 0 .c::l' '.z,
:Texaa
THE STA']'Jll OF 'll'i$XAS, . X
CotlNTY ,OF GtJADA:r.tJPE, , X
CITY OF SCli:l!:R'TZ.. I
I; the 'tiln<:lersigned CitYSec,::etary of the City of Schertz, .Texas,
hereby certify that the forefoU!T isa t:weud coiltreot copy of an
oar:dinance passed by the CitY.C<>Unoil 0:1( it:heCity ofSoke'/:'tz, 'le:x:as,
held at Ue City.t;[all in said CitY on tha~~day of November, 19U,
which ordinuoe is ;t'ecorded in BookS page/.$"3, etseq., of the
Minutes of said. CityCoUnoil. '
. . d . .., e!
Ga. ven under my hand and seal of sai Ca. ty this the ~ day of
November, A.D. 19'69.
. t$:EMi)
~e~
. ..-. .'. ~-~ - ".- - . - '.-- -- --' -, '.-
a.ty Seoretary, Ca.t;y ofSebertz,
Texas.
-6-
.,'1
.1
'I
J