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HomeMy WebLinkAboutOrdinances Book 9, Page 469, No Ordinance NumberPage 469 FUNDING ORDINANCE #1 I AN OF INANCE AUTHORIZING THE? 18; UAi?CF, AND SI'LF OF FU`IDIVG BONDS OF THE CITY OF PADUCAH, KENTUCKY, IN THT AGGFT'GATP AMOUNT OF 175,000., THE PFOCFEDS OF W111ICH TO BE USED FOR THE PAY'•°F'NT AND REDEMPTION OF NOTES, JUDGMFWTS ANP CLAIM,- OP TUT CITY OTS' PA DU('AH,KFNTUCKY, IN A LIKF A1074T NOW OUTSTANDING VALID OBLIGATIONS OF THF CTTY OF PADUCAH, KFPTUCKY. P.iFFFFAS, heretofore, to -reit: between t'e years 1904 and 1929 inclusive, the City of Pad•)cah, McCracken County, Kentucky, a city of the second class under and by virtue of the Constitution and Statutes of Kentucky, having, according to the United States Census of 1900 a population of 19,446, according to the like Census of 191.0 a population of 22, 7600 and according to the like Census of 1920 a population of 24, 735, and since said last Census to the present year, to -'..:it: 1930, having had a normal increase in population from year to year, and which ropulation during the years 1900 to 1930 inclusive has never been less than 15,000, but has always exceeded that amount, duly authorized by the electors thereof, issued and has no outstanding 71,147,500. of its bonds, the proceeds of ­ahich were employed to build a hospital, a market -house,. trunk sewers and streets, and to refund other bones likewise authorized by the electors, the payment- of the principal of ,-,rich could not be met because of the fniure to Bevy a sufficient tax for that purnose and, 77EPPA.S, during nll of said years, to -wit: 1904 to 1929 Inclusive, the several governing bodies of the s^id city undertook to and did meet the interest and large nortions of the principal of the aforesaid bonded indebtedness out of the pl.50 tax levy on each $100. of property valuation, constitutionally allowed to be imposed under Section 157 of the Kentucky Constitution, for the purpose of defraying the general expenses and costs of administration and governance of the said city without imposing any additional levy to meet the interest and principal of voted bonds as permitted by Sections 157 and 159 d' the Kentucky Constitution, and 19iFFEAS, during the years 1904 to 1919 inclusive, the said city was enabled out of its 71.50 tax levy for general nurposes to pay i the costs of administering its affairs and meet the interest and principal of its outstanding bonded debt without the neceeaity of borrowing money therefor, but in 1920 to 1924 was compelled to make loans from year to year to meet the deficiencies in its General Fund so created, but which loans were completely liquidated st the end of the year 1924, and WHEREAS, beginning in the year 1925 and terminating with the year 1929, the General Fund ag^in becoming depleted to the extent of Pnge 470 ,1p175,000., at the rate of approximately $35,000. a year, because of the payment out of such Fund of the interest and portions of the principal of the aforesaid bonded indebtedness and, 1711'iFAS, during such years 1925 to 1929 inclusive, in order to pay deits, claims and judgments existing against t'c:City of Paducah, it was compelled during such years to borrow money to liquidate same, and i:!hich loans evidenced by notes, bearing 6p interest per annum, are now outstanding :in the aggregate amount of $175,'00., the proportion thereof incurred in any one year, together with all other expcndituies made in qnv such year, being not in excess of the revenues provided for such years or ^n y of them, and i accordingly found and determined to be valid, subsisting and binding obligations of the City o" Paducah and "`T-IBFFAS, there are no funds nvailable out of the revenues accruing to the General Fund for 1930 to liquidate such indebtedness' without again borrowing money to properly administer the affairs of the city, and it would be an extreme hardship on the taxpayers of the city to impose a tax to liquidate the said indebtedness in any one year and, 7MEREAS, the city is enabled to fund such indebtedness so that the principal amount thereof may be liquidated in convenient sums over a series of years, which funded debt will bear a lower rate of interest than that now being paid by the City on the said $175,000. outstanding indebtedness, and 191FREAS, the said $175,000. indebteaness (plus all other indebtedness of the city, namely; $1,147,500, of outstanding bonds less $149,769.40 in a Sinking Dund applicable to the payment thereof, thus leaving a net bonded indebtedness of $997,730.60 which added to $175,000. floating indebtedness aforesaid aggregates a total indebtedness of $1,172,730.60 which is materially less than 10 per centum of the valuation of the property in the city as assessed i for taxation in the year 1928, namely; $24,699,175., and in the year 1929 $25,3200250., and during none of the years 1925 to 1929 was the aggregate indebtedness of said city at any time equal to or in excess or such 10 per centum as in Section 158 of the Constitution provided, but during all. such years was materially less than such ten p r centum) may be more economically lignidnted by funding the same into an obligation, bearing a lo-er rate of interest, the principal of which may be redeemed from year to year after the fifth year, in such amounts as will not further impair the revenues accruing to the General Fund, Novi, Therefore, BE IT ORDAINED by the Board of CO-missioners of the City of Paducah, McCracken County, Kentucky; Page 47M Section 1. That the said floating indebtedness of $175,000., bearing 61,0.' interest per amrmzm, be funded into an indebtedness bearing interest at the rate of 5Y. per annum, so that the total indebtedness of the City of Paducah, now within the limits prescribed by the Constitution and I&ws of Kentucky, will in no wise be increased, but the proportion herein provided for changed as to its form. SECTION 2. That the Funding Bonds of the City of Paducah be issued in the aggregate amount of $175,000.; that they be in the denomination of $1,000. each; numbered from 1 to 175 inclusive; that they bear date of February 1, 1930; that they bear interest at the rate of 5-21% per annum, payable semi-annually, both principal and interest being ppyable at The Chemical Bank & Trust Comnany, in the City and State of New York; and that they mature as follows, and-.not:otherwise, to-wit- $5,000' on February 1st in each of the years 1935 to 1941 inc. 10,000, on February 1st in each of the years 1942 to 1945 inc. 20,000, on February 1st in each of the years 1946 to 1950 inc. and that they be substantially in the following form, to -mit: UNITED STATES OF AITFICA W11,1011WEALTH OF KENTUCKY COUNTY OF McCRACKEN CITY OF PADUCAH 5-1/2% FUNDING BOND NO. $1,000. KNO17 ALL -KEN BY THFSE PRESENTS: That the City of Paducah, McCracken County, a municipal corporation of the second class in the Commonwealth of Kentucky, for value received, hereby acknowledges itself to owe and nromise to pay to bearer the sum of ONE THOUSAND DOLLARS in lawful money of the United States of America, on the first day of February, 19 , with interest thereon at the rate of five and one-half (5-5%) per cent per annum, payable on the first days of February and Augus of each ,year, upon presentation and surrender of the interest coupons hereto attached, as they severally become due, at The Chemical Bank & Trust Company, in the City and State of New York. ' . This bond is one of a series of one hundred. and seventy-five bonds, numbered from One (1) to One Hundred and Seventy-five (175) inclusive, aggregating One Hundred and Seventy-five Thousand (,f.',175,000.) Dollars in amount, or like denomination, tenor and effect, except as to maturity, issued for•the purpose of funding a like amount of indebtedness of Paducah, Kentucky, heretofore legally contracted by the said city, pursuant to Sections 157 and 158 of the Constitution of Kentucky, and by virtue of certain ordinances and proceedings dulry adopted and had by the Board of Commissioners of the City of Paducah, McCracken County,Kentucky. It is hereby certified and recited that all acts, conditions and things required by the Constitution and Statutes of Kentucky to be done, exist, happen and be performed prededent to and in the issuance of this bond, exist, have been done, have happened and been performed in regular and due farm and manner, as required by law; that the indebtedness created hereby, together with all other indebtedness outstanding against the city, does not exceed nny constitutional or statutory limitation cT indebtedness or taxation; that due provision has been made for the levy and collection of an annual ad valorem tax, sufficient in amount to pay the interest and to create's sinking fund for the payment ofthe principal as they severally mature; and that the full credit, faith, taxing power and resources of the said City of Paducah are hereby itrevocably pledged for the prompt payment of the interest and principal of this bond. This bond is subject to registration as to principal, in the name of the holder on the books of the Commissioner of Finance of said city, such registration to be evidenced by notation of said Commissioner of Finance through the City Auditor on the back hereof, and after such registration'no transfer hereof, except upon such books end similarly noted hb reon, shall be valid u~less the last registration shall have been to bearer. Registration hereof shall not affect the negotiability of Page 472 the coupons attached, which shall continue negotiable by delivery merely. IN WITNESS ?11 RFOF, the City of Paducah has caused this i bond to be signed by its Mayor, -his fellow members of the Board of Commissioners of'the City of Paducah, countersigned by the City Auditor, the corporate seal of the City to be affixed, and the coupons to be signed with the facsimile signatures of all of the aforesaid Commissioners .^nd Officers, as of the first day of February; 1930. Tdayor- Oi1�* —of a�cah j Comm ss oner lCountersigned: omm ssioner Commissioner 73'Ey—Au or - a uca , Commissioner KY C 0 U P 0 N INo. $27.50 On the first day of February (August) 19 , the city of Paducah, Kentucky, will pay to bearer Twenty Seven and 50/100 Dollars in lawful money of the United States of America, at the Chemical Bank & Trust Company, in the City and State of New York, being six months' interest then que on its Funding Bond, dated February 1, 1930, No. 6Tayor - o —City f P—Scucah-� Commiss oner Comm ss oner Commissioner Commissioner Countersigned: City Auditor - a uca , Ky FORM OF REGISTRATION. Date of Name of Signature of Registration Registered Owner City Auditor Section 3. That there be and is hereby levied on all the taxable property subject thereto, in the City of Paducah, a direct, annual tax sufficient in amount to pay the interest on said bonds and to create a sinking fund to redeem the principal as they severally mature. 8eotion 4. That immediately upon receipt of funds by the Commissioner of Finance, the Treasurer of the City of Paducah, that he forthwith pay, cancel and hold for naught 1,175,000. in notes, claims, debts, judgments, demands mf the City of Paducah, or however the said floating indebtedness may be evidenced. Section 5. That the Board ha-ing heretofore carefully considered the advisability of funding the indebtedness herein, confirms the sale of the said Funding Bonds to Walter, Woody & Heimerdinger of Cincinnati, pursuant with their offer of January 8, Page 473 1930, and the Board's acceptance thereof, at a price of not less than Par and accrued interest, and the payment by the purchasers of expenses incident to the preparation of the bond forms, and to the legal examination of the proceedings. Section 6. That the public safety reouirina, an emergency is hereby declared to exist by the unanimous vote of the Board of Commissioners of the City of Paducah and this ordinance shall take immediate effect upon its a,'option; and that it be published once after such adoption in the Sun -Democrat, the official newspaper of general circulat- ion in the City of Paducah and in McCracken County, selected by the Board for the publication of its ordinances; and recorded, as required by.lnw. Signed vlayor "- Passed by the Board of Commissioners January 17, 1930 Recorded by Hunt Crossland, Clerk, January 18, 1930