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HomeMy WebLinkAbout1944-04-10-1000AM-Regular April 10, oRJ~J~ At~HU~7.£~ 'RTE ISSU~E ~ STA~ OF '~ 00~ OF ~S ~ On thee the loth day of Apr~!~ Brezos Co~ty,Tex~s, convene~ ~n ~ular session at a ~e~ler Term of sa~ Co~t, at the re~u~r meet~ place ~ereof ~n the Co~thouse a~ Br~n~ Texas, a~ members of sa~ Co~ present, to-wit A. S. Ware Norton R. Bur~lter~ ~o A. Ryohlik, D. ~. Cunnin~hem, Roy D~ort~, A. B. Sypt~ County Judge Commissioner Precinct No. 1, Co~tssloner Precinct No. 2, Commissioner Precinct No. ~, co~m~esioner Precinct No. &~ County Clerk, and the followi,6 prooeediucs, am~n~ others, were had, to-wit: ' Commissioner J. A. Ryohlik introduced an order and moved its adoption. The motion was seconded by Co~missioner Roy Da,forth. Thereupon, the County Judge put the question to a vote and the ~otion carried by the followin~ vote: AYES: Norton R. Burkhalter, D. G.Cunnl~ham NOES: NONE. The Judge then declared the order adopted. J. A. Ryohlik, Roy Danforth. The order is es follows: WHERF_,A~, Brazos County,Texas, has heretofore lesally authorized and issued it0 bon~s known as BRAZOS COUNTY ROAD AND B~II~E REFt~I~ BOED5, ~P~.TES 1929~ de,ed Aprll. l~, 1929, Nos. 1 to 86, inclusive, in denomination of $1,000 each, a~'..recatin~ $86,000°00, bearl~ } 1-/~ interest ~r e~, end ~ on April 1}, $1,000 ~n ee~ of the years 19}1 to 1939, ~nolus~ve; $~,000 ~n ~ of the years 19&0 to 19~0, ~nclus~ve~ e~ ~,000 ~n each of the years 19}1 to 1961, ~nol~ve; of ~oh issue there are n~ outstand~ ~d bonds ~reget~ $6~,000.~; e~ ~, the Oo~ss[oners Co~t de~ ~t advisable and to ~e best ~nteres~ of sa~d County to ~y off and retire $~,~0.00 of said outsta~ bonds end to ref~ the hal%nos of ~2,000.00 of outstand[~ bonds; ~ORE, BE ~ 0~D~D, AD~D ~ DEC~ED BY T~ CO~SI0~ CO~T 0F CO~Y,~: I. ~at the bo~s of Braz~ County~Texas, to be ~n as B~azos Cowry Road end Bridce ~ef~d~ Bo~s, Series 19&&, be issued ~er and in strict oo~or~ty w~th constitution a~ Laws of the State of Texas, In the prl~l~l s~ of ~lzty-two ~ousa~ {$62,000.00) Dollars, for ~e purpose of oanoelinc, refundi~ end In lieu of e l~ke ~o~t of ou~s~andl~ bonded l~ebtednees of Brazos Co~y~Texas. II. ~at sa~d bonds ~all be n~bered consecutively from I ~o b2, $nolusSve; s~ be of the den~tion of One Tho~a~ ($1,000.00) Dollars each, a~e~e~i~ SSz~y-two Thou- ,end ($62,000.00) Doller,; sa~d bo~s s~ll ~ar interest fr~date et the rate of ~r cent per a~, pay,bls Norther 1~ 19&&, and se~-ann~lly thereafter on May 1st and November l.t In each year; prinoi~l end interos~ on said bo~s .~11 be payable ~n money of the Un,ted States of ~rioa upon presentat$on and surrender of bo~s or proper coupons at the F~rst NeW,cna1 Bank, Bryan, Texas. ,I ~ ~ The said bonds, shall be' ~ated May 1, 19&& and shall~ beco~ due end payable serially '~-~ · 'as follows: ' ', ' . .' ". " ' ' : ' ' 0.00 ... 13-14-1~-16-17-18 May 1, 19&7 26-~7-2S-29-30-31-3~- . ~ 1:19&9 ' : ~ . 7,000,00 . ;. ~.. ' 7,000.00 ' :' ~'::' 3&~35'36'3?'3S- ~:ay 1, 1950 6,000,00 39-~O-~l-&2-~3-~& May 1, 1951 , 6,000.00 &5-~6-&7-28-&9-50 May 1, 19~2 6,000.00 ~1-~2-53-~&-5~-~6 May 1, 19~3 6,000.00 ~7-~8-~9-60-61-62 ~y 1, 19~A 6,000.00 with option of red~ption on o~nytXms after May i, 19~2, , .~he Co~XssXoners C~t hereby efflr~ti~ely adjudges that ~e fXnancXal oond~tion of smXd Catty ~11 not permXt ~e tss~noe of s~ld refu~1n~ bonds Xn such instalments , es ~1 ~ the b~den of taxation to support the ~me epprox~tely uniform throu~cu~ the term of saXd bond ~ssue, save and exoept es said o~Jeot Xs accomplished by ~e of ~t~XtXes here[~bo~e set out, whXoh mt~itles are hereby fo~d to be by the fXneno~el condition of ~ld Catty. ~8t e~eh ~ seXd bo~s ~ell ~ signed hy the County ~udge, oountersX~ed by the Clerk~ end registered by the County Treas~er, end the seal of the Co~t of Brazos Catty,Texas, shell be impressed upon each of them. ~e faos~le ~ ~tures of the County ~udEe end Catty Clerk ~y be 1Xtho~aphed or printed on ~e coupons atteohed to the said bonds end s~ll have ~e s~e effeot ms Xf they hsd been signed ~y seXd 'offXosrs. V. .. 'T~t eeoh of seXd bonds shell oonta~n on its feo~ these ~ords: ~ ,_ ' IN ~D~XON to all o~er rX~ts, the holder or holders of this bond,, end of the ~' ,~ ~ ~er~e's of whXoh Xt X~ a pert, Xs and ere subrogeted to ~ll the r~ts, e'nd ~s,end ~v~ ' ~,~ . all of the remedies of the holders of the ~rXgX~l Xndebte~ess refun~e~ by this issue : UNITED STATES OF A~ERICA $1,000.00' .... :: BRAZOS COUI~ ROAD AND BRIDGE RF~ING BOND . T~E COUNTY OF'BRAZOS, s duly organized end existing politXasl subdivision of the . State of Texas, aoknoWled¢es itself, Xndebtedr. to and FOR VALU~ RECEIVED, hereby promises to pay to bearer, the sum of '. ". i' ' ($1,000.00),-in, lawful mon~y'~)f the ~nXte4 States of ~erXoa, on ~e ls~ day of ~v, 19 ~ , , the rate of two {2~) per oent per a~, ~yable ' ' ' ' ' ' ' '.~,.'. November 1, 19~, en~ ~-a~ly'~hereefter ~n ~y let and November let Xn eaoh' .,..... .~ ......... .. . ~' es evXdenoe4'by the-'oou~o~ heret~ atteohed ~'[l'the prXno~l io'~e~, , ' ' , ' J' ' - ' ' t ' ,~, ' ' . ' ' , . . , , , , - ,.... · . B ~ ~I~IP~ ~ ,~ST of this bo~ are hereby ~de pebble et thetXrs~ National J ..... ~ .... .~ . - ,, ' ,., - ..... . . .,'. . ./ . :. . - . . , ,,.. ; , . . : .... - ' v,..~, -." ~,.. ~. ,, ' , ~' , ..... , .. - -, , - ~ BOI0) is one of a cerise of sixty-two (62) bonds, the authorized principal of ·hioh is Sixty-two Thousand (~2~O00o00) Dollars, issued for the purpose of oenoelin~, rafundin~ and in lieu of a like par amount of valid and subeistin~ bonded indebtedness of Brazes County,Texas, and this bond, and the aeries of which it is a part, is issued is strict conformity with the Constitution and Laws of the State of Texas, and in. pursuance of an order duly passed and adopted by the Commissioners Court of Brazes County,Texas, which order is duly recorded In the }~lnutes of said Court° IT IS ~ERFBY CERTiFiED, RECITED AND I~EI~EST~ITED that all acts, conditions and thin~E necessary to be done precedent to and in the issuance of these bonds, in order to make them legal, valid and binding obl~ations of said County have been done, have happened and been performed In re~tlar and due time, form and manner, aa required by law; that the faith and credit of said County ars hereby irrevocably pledged for the prompt pay- meat of the principal and interest of these bonds at maturity; that due provision has been mede for levyin~ and eolleotin~ annually by taxation an amount sufficient to pay the interest on these bonds as it falls due, and to provide a sinking fund for the final redemption of said bonds at matt~rity; and that the issue of bonds of which this is one, together with all other indebtedness of said County, is within every debt an.d other limit prescribed by the Con-~titutlon and Laws of the State of Texas. IN ADDITION to all other ~i~hts, the holder or holders of this bond, 'and of the series of which it is a part, is and are subrogated to all the rights, and has and have all of the remedies of the holders of +~e original indebtedness refunded by this issue of bonds. Brazes County,Texas, reserves the option of redeeming this bond on or anytime after ~ay 1, 1952, by paying principal and accrued interest thereon, and in ease the same shell be called in for redemption before maturity, notice thereof in writin~ shall be ~iven by the County Treasurer of said County to the ~'lrst National Bank, Bryan, Texas, at lecst thirty (SO) days prior to the date fixed for redenption, and said County Treasurer shall also cause said notice to be published in a finanoisl Journal published in the State of Texas, one time at least thirty (SO) days prior to the date so fixed for redemption, and should this bond not be presented for redemption, the same ~hall cease to bear interest from and after the date so fl~sd for redemption. IN WITI~ESS ¥~E~EOF, the County of Brazo~, State of Texas, by its Com~tssioners Court has caused the seal of the Comm~ssionars Court to be affixed hereto', and this bond to be s!~ne~ by the County Judge, countersigned by the County Clerk, and registered by the County Treasurer, and the interest coupons hereto attached to be e;eouted by the L~tho~ graphed or printed facsimile signatures of the ~ounty Judge and the County Clerk. The date o~ this bond, in conformity with the order above referred to, is ~y 1, 19~. ~ounty ~ud~e, Bre~os county,Texas C OU~ITE~SIC~D: COunty Clerk, Brazes County,Texas ]~EG ISTL~E D: County Treasurer, Brazes COunty,Texas .. VII. The form of the interest coupons attached to each of said bonds shall be sub-. ,. sthntially ss follows: No. 0Il THE let DAY OF .19 THE.~ COUNTY OF B~AZC~, TEXAS, hereby prom~ses to pay to bearer in lawful. , money of ,! , , ,- ..... , ,, ,, ; 105 " ,, .~ the United States of America, at the First National Bank, Bryan, Texao, ~e ~ ' ' ($. .j. sa~d s~ bo~.six months' interes~ ~ue t~t da~ on B~OS C0~ ROAD ~II, · ~' ' ~at s~bstantlally the foll~l~ certificate shall be printed on the back of , . . ~ ~Y C~TI~ that ~ere ~ on f~Ze and of record in ~ office a certificate of ~[ned by h~ as required by law, and that he f~nds t~t it ~o been ~ssued in con- ( ~°rmltY with the Co~tltutlon ~ ~ws of the 8tat~ of Teae~ and t~t bl~t~ o~l~tlon upon said Brazo~ County,Tea~s, and said bond has , ~T~ ~ ~N ~ seal of off,ce at Austin, Texas, this the day :' ~ The State of Texas ~; It ls further ordered by the Court, that while said bonds, or any of them, are ou~- ~ J. sta~d~ and un~d, t~ere shall be, and ~t ~s hereby ordere~ t~t tho~e be lev~ed, '. 'assessed'and oollec'ted ~n ~ue time, form end ~nner, a tax upon all the taxable property ~ : ~a S~azos Co~tz,Texea~ out o~ the ~onst~tut~onel' ~5~ ~oe~ an~ B~t~e ~y ~he o~ren~ interest on sa~d bonds and' create a s~tng f~d for the pa~ent of the ',~, ;- ,, prino~l thereof at mt~ity, and to 'pay the interest on said bonds and provide the . ~ :'..- . requisite sinkin~ f~d for the first year there is hereby lev~ed for the year ~ '; r"; ' ' the ~onstltuttonal 1~ ~d and Bridge Taxt a s~ftotent tax on each ~100,00 valuation j i' , of taxable property in sa~d ~o~ty, and while said bonds, of a~ of'them, are butstandl~ .~ f[olent to provide f~s to ~y tho interest 'on sa~d bonds and provide the necessary ~ ' of collection, shall be, end lo hereby levied for each year, respectively, whi~e said bo~e ,~ ~ oo~e~e~ a~ a~p~e~ ~ ~e ~Z~ o~ ~e ~e~ee~ 'o~ a~ p~o~pa~ o~ sa~ ~o~e , , ~' .'. ', All moneys in the sl~l~ f~d, and all taxes ~eretofore levied or In puooese of ual- , leot~on for ~e benefit of the bonds bei~ refunde~ by aa~d refund~ bonds, shell  ~ ~ the' same ar~ hereby a~roprlated and transferre~ to the benefit of '~ - XI .... · .~ That the ~o~ty ~udge of Brazes Co~ty shall ~e an~ he is here~y authorize~ to taka ~ ''. . ~n~ ~ve ~arge of all neoesoary orders an~ records pertinent to sai~ refundl~ bonds ~n- .~ ..."~ . ' Sing ~eir investi~tio~'by ~he Attorney Ge~e~al 6f ~he' State' of Texas, .~nd the Co~ty i ~ -~ ~e shall also take and ~ve ~arge of the bonds herein, au~orlzed pendi~ their ap-  ' '~' . ~' , . , . ~ . '~.' . , .... ,, , .' ~, ,. ~ .., ~ - prov~ by ~e Attor~y O~neral, and their registration by the ~om~tr~lle~ of ~blio'Aoot~t~, ",-; ,, .... .. ....... , .. ..... ' [ .~ j 7." , - ~. ~ ~ j ..... . ," ........... L .................. '" '. ........ The State Comptroller Ls hereby authorized to accept from Dewar, ~oberteon & Panooaet,' br ' theLr duly authorized agent, in lnstallJ~ents or otherwise, the obl/gatlons herein refun- ded, end after cancellation thereof, to register_, a like amount ,of the bounds' here~n au-, ~ml '~ thorized a~d deliver .s~ to said Dewar, l~obertson & Penooast,-or their agent. P.J~SED, AD01~I'ED ~D ~0~D ~i8 10~h day of April, ,, A. ~. Ware, Co~ty du~e ~orton ~, ~k~ltor, ~. A. ~y~hl~k, Co~se~oner D. G. C~n~nShem ~oy De~orth, ~o~ssioner ~eg~ot C~see~oner ~eo~not No. ~ The Court received and approved as suba~ttted reports for the month of ~aroh as follows: ~Irs. do L. Brook, Clmirn~n, Brazes ~ounty Welfare Board; t,-'lse Z~yrn~ Holman, County Home Demenstratlon A~ent; ~-. 0. Pace, ~iegro County A~ent; Fannie E, ~eo~on~ Ne~o H~e D~o~tra~lon ~ent. County and Precinct Off leers* reports of ~ees ooll~e~ an~ duplicate receipts. ~owl~ remZtte~e9 to the cowry Tress~er of the smelts s~o~fie4 were reoeZve4 and approved es foll~s: A. S. Ware, County Judge ................ A. B. Syptak, County Clerk S~m C. Hoyle, Assistant County Attorney . Henry Koontz, ~her~ff ................. Fo T. Gels, Clerk of District cour~ o , ...... E. Mo Dodson, ~ustioe of Peace Precinct Fees collected and paid to County Fees due h~m by County 37.~0 Do L)° ~olly, Constable, Precinct No. Fees colleated and retains4 .......... 56.35 ' O~ req~st of eo~sa~o~r ~y~l~k, the Oourt vote4 to aooe~ a deed, .D~* ~..~.~ ~ Bol~var ~. Lloyd to a one-acre di~n~ ~t e~te ~a the W~ll~ ~. n~lson 8~vey ~eBr ~ohoolhouee In Co~ssioner Precinct No. 2, end authorize4 the reoond~t~on~ of the ~ns~ end chutes ~n co.cotton therewith so ag to ~ke these facilities evadable to the livestock o~ers of that oo~ity. On ~tZon duly seconded end u~n~sly adopts4 tt ~s vote4 to ~y a~ bZIXs h~d been filed end properly approved. ¥~I~EU?0N the Court adjourned°