10-09-1952 Continued Regular Meetingi0o
G . (R . Yarbr ougUj
C. C. Terrell
Eugene Rice
Continuation of regular meeting October 9, 1952, 7:45 p.m.
Mayor Pro-tem., C. M. Hamby presiding with the following'Council-
men present; Harry Mitchell, Eugene Rice, G. R. Yarbrough and
Co C. Terrell.
Recommendations of electrical board read by Councilman Harry
Mitchell, churn of electrical board.
Motion by C. C. Terrell seconded by Harry Mitchell to adopt a-
mendments as read. Amendments attached to these minutes and made
a part thereof. Voting for Harry Mitchell, Glenn Yarbrough,
and C. C.,Terrell. Not voting, Eugene Rice. Motion carried.
Mr. H. P. McCollum, supt.,water dept. ask -Council to give Homer
Prather a full time job. No action taken but will be given con-
sideration.
Motion by C. C. Terrell seconded by Harry Mitchell to accept check
for paving in full from Bennett Realty Co., without interest charge
(Mr. Bennett failed to receite first notice) Voted unanimous.
Motion by Councilman Terrell that no interest ':charge be made to
checks received for paving on Hamby St., due to the fact the paving
was'''nob; affording to ordinance passed. Voted unanimous.
City Attorney Harold Willingham gave report on application for
Federal Grant. Letters from FFHA and Weiderman and Singleton
read and filed.
Mr. Willi igham instructed by Council to send letters to builders
inquiring"as to present status of building from July 1950 also
anticipated building.
Motion by C.qC. Terrell seconded by Glen Yarbrough authorizing City
Attorney to draft ordinance to validate $100,000.00 Water and Sewer
revenue certificates and to provide in such ordinance additional
$100,000.00 water and sewerage revenue certificates which may be
issued at a future time on equal preference basis. Vote unanimous.
Motion by Eugene Rice seconded by Harry Mitchell to pay utility bills
and any other bill necessary to save discount. Voted unanimous.
Motion by C. C. Terrell seconded by Harry Mitchell to recess meeting
until Monday night Oct, 132 1952, 7:45 p.m. Voted unanimous.
Meeting recessed
Mayor Pro-tem C. M. Hamby
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Clerk ,
G. C. Terrell
Eugene Rice
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ELECTRICAL BOARD MEETING OF SEPTEMBER 20, 1952
1. Eliminate Sect. 7,of Electrical Rules and Regulations
established February 28, 1951.
2. No partnership or corporation shall have the right to
engage in the business of wiring for light, heat and
power installations -anywhere in the City'of Smyrna,
unless there is connected with such partnership or
corporation a person actually engaged in the perfor-
mance of such business who holds a certificate issued
to him by said City. Such persons shall not be em-
ployed by more than one firm -at the same time.
3. In Sect. 1 the Smyrna Code will snpercede the National
Electric Code.
4. overhead service wires shall enter buildings only in
metallic raceway, and only metallic raceway shall be
used in commercial buildings.
5. Each day that work is done a performed in erection of
poles, laying of cables, installation of equipment or
otherwise and each day the same are maintained in vio-
lation of the provisions of the preceding section shall
be held to be a separate offense and any"person so per-
forming or maintaining the work and each employee of
such firm actually engaged -in the doing or maintaining
of such work upon conviction thereof shall be punished
by fine not to exceed $100.00.
6. Each person holding an electrical certificate must make
renewal of same on or before the 15th of January of each
year or be required to stand examination for renewal.
7. Before calling for a rough inspection main switch must
be set and all taps made and soldered and inspection
approved before being covered.
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Electrical • /
'AN ORDINANCE PROVIDING FOR IMPROVING, EXTENDING
AND EQUIPPING THE EXISTING WATER AND SEWERAGE SYSTEM OF THE
CITY OF SMYRNA, AND ACQUIRING THE NECESSARY PROPERTY THEREFOR,
AND PROVIDING FOR THE ISSUANCE .OF REVENUE ANTICIPATION CERTI-
FICATES, SERIES 1952, FOR FINANCING IN WHOLE OR IN PART THE COST
OF SUCH ACQUISITION,, PAYABLE"SOLELY FROM THE EARNINGS OF SAID �
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EXISTING SYSTEM AND AS HEREAFTER ENLARGED AND EXTENDED; PRO-
VIDING FOR, FEES` AND -CHARGES FOR THE SERVICES OF SAID SYSTEM,
AND PROVIDING FOR THE CREATION OF CERTAIN FUNDS, AND THE
REMEDIES OF THE HOLDERS °OF SAID CERTIFICATES; AND FOR ,OTHER
41
PURPOSES::
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WHEREAS, under and by virtue of the authority of the Revenue
Certificate LaW.(Georgia Laws 1937, p. 761, as amended, Georgia Laws 1939, I
p. 362), the CITY OF SMYRNA, GEORGIA, a .Municipality as defined in said
` Revenue. Certificate Law, (hereinafter sometimes referred to as,the "City" or
It
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the "Municipality") is authorized'to acquire additional water and sewerage
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facilities by the, addition thereto of improvements to its present system as
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€ heretofore combined, and to construct such additions, and maintain said system,
as added to and extended for its own use, and for the use of the public, and to
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prescribe, revise and collect rates, fees, -tolls and charges for�the services }
and .facilities furnished by 'said system, as added to and extended, and in
anticipation of the collectionfof;revenues from such water and sewerage system]
�
to issue Revenue Anticipation -Certificates, to finance, in whole or in part, the
cost of "such additions, alterations and extensions, improvements and better- f
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ments to the existing system;'and #
WHEREAS, the City of Smyrna has heretofore by ordinance
adopted the 19th day of May, 1950, issued .$350, OOO.City of Smyrna 3% Water
and Sewerage Revenue Anticipation Certificates, Series 1950, maturing on the
1 st day of .January,
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I' '.$10, 000 in each of the years 1952.to 1955, inclusive,
i $11, 000 in each of the years 1956 to 1958, inclusive,
$12, 006 in the years 1959 and 1960, I
$13, 000 in each of the ,years. 1961 to 1963, inclusive,,
$14, 000 in the years 1964 and 1965,
$15, 000 in each of the years 1966 to 1968, inclusive,
$16,_0'00 in the years" 19�69, and 1970
$17, 000 in the years. 1971 and 1972,
a.. $18, 000 in the years 1973 and 1974, r
k $19, 000 in the year 1975,
$26, 000*in the year 1976';
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and
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L' WHEREAS, the -City of Smyrna has heretofore by, ordinance
adopted March 5,' 1.951, issued $175 b00,4City••of Smyrna Water. and Sewerage
c i x {
t Revenue Anticipation Certificates, ,Series: 1951, maturing on the 1 st day of
January,
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$4; 000'.iii"each of the.years'1'953 to"1'957,, inclusive,
$5, 000 in each of the years .1958 to 1964, inclusive,
$6, 000 in each'ofjttieFyears 1965 to 1970, inclusive,
$7, 000 in each of the years 1971 to 1,975, inclusive,
$8, 000 in'each of the years 1976 to 1980, inclusive,
$9, 000 in the year 1981; '
-and h
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WHEREAS, the proceeds of said above described Series 1950 i
and Series 1951 Certificates have been used for the purpose for which issued,
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A but it, now develops that it is imperative to make further -additions, extensions
{ and improvementsto its system and the services of M. J. Hensley., Engineer,
x.
Smyrna, Georgia, have been procured to make recommendations and prepare
plans and„sp•ecifications for' "such improvements and extensions and to supervise
the installation of, same, copy of which recommendations and. plans are -on file
+ in. ,the office of the Clerk of the City of Smyrna; and
S
7 .WHEREAS, after a thorough investigation it is, -deemed advisable
to make such improvements to, the Municipal Water and ,Sewerage System .by
spending in the immediate futur.e,the sum of $100, 000 and to issue -revenge
ff certificates for that purpose,:., all substantially in accordance with said recom- t.
1 mend ations and plans; and
,
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rWHEREAS, as already proven;_ as extensions and improvements
are 'completed; additional demands develop for further extensions and improve
ments, and in `orderkto meet this situation,- this, Municipality .should provide for.
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I: the issuance of-$100, 000 principal amount of .additional certificates for such
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purpose, said certificates if so issued, 'all or any part, to, stand on a parity i
with and be of equal dignity to the certificates,now actually about to be issued
l and delivered; and
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.' WHEREAS, the Municipality' has not as yet had an opportunity
f to realize a, substantial .increase in its ,revenues from the water and sewerage
system as extended and improved during the year 1951 from•the proceeds of
the sale of;its- $1,75, 000„principal amount of certificates, .Series 1951, so as to i
enable it to issue additional revenue certificates, as- provided iri.Section 5 of
Article IV of the `ordinance of March 5, .1951, which required, among other -
things, that the net earnings of the system for a full twelve (12) consecutive
months' period immediately preceding the date of the passage of the proceed- -
�+ ings authorizing such additional certificates total an amount equal to not less
!� than' one and ,one-half times the largest combined principal and interest .require-,
I� ments for any, succeeding full twelve (12) months period ,on a,ll of the certifi-
Cates then outstanding and on'the ,additional certificates proposed to be issued;
'and
WHEREAS, after due consideration, it is deemed,to the advan-
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tage of the -City to issue at -this time $100, 000 principal amount of certificates I
to pay the. cost,of extending and improving the system as- determined by -the
Engineers; and
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' WHEREAS, the City"is authorized to issue'such certificates
under the provisions of the Constitution and "laws of the State of Georgia,, and..
} particularly the. Revenue Certificate Lawof 1937, as amended; and
WHEREAS, the City has been and is now complying with the
terms and conditions of the ordinances of the Mayor and Council of the City of i
Smyrna, adopted May 19, 1950 and March,,5, 1951, in all respects.,
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'NOW, THEREFORE, BE IT ORDAINED by th6 Mayor, and
Council of the City of Smyrna', Wand it is hereby ordained by authority of same
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as follows:'*
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4 ARTICLE I
AUTHORIZATION, FORM AND REGISTRATION 'OF CERTIFICATES
Section 1. .Under authority.'of the Revenue Certificate Law, for
the ur" ose of paying the• cost in whole or in art of improving, addin to and
P P P Y• g �N Pg
extending the water and sewerage system of the, City ,of Symrna, there be and
is hereby authorized to be issued, Revenue Anticipation Certificates of the City
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of Sy'mrna'in the principalamount of One Hundred' Thousand Dollars,($100, 000). ?
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The princip'al,and interest of all certificates shall be payable solely from a
special fund hereinafter created and designated "City of Smyrna Water and
,
Sewerage System Sinking Fund, Series 195211, and all of the covenants, 'agree-
ments and provisions of this ordinance shall•be for the equal and proportionate
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benefit and security of all holders,of the certificates and interest coupons•
issued hereunde`r..
Section 2. Said certificates shall be, designated "City of Smyrna
Water and Sewerage Reveiiue,Ariticipation Certificates, Series 1952" , and shall
be in -the tota•17amount of $1.00 000 t` in the denomination y°of $1., 000 each, 1
numbered" l,to 100 'inclusive; all to be dated"Novein.ber 1, '1952, to .bear
interesti,at{the,rate �of jour and o'ne' *quarter per .cejitum-(4 1/4%) per annum,
+ 7
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�. payable semi-annually on the first days of January and July in each year,
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beginning July 1, 1953, and the principal shall, mature in annual installments
on the 1'st day'bf,January in each,year', lowest numbers first, as follows: '
,
' $4, 000 in each of -the. years 1955 to 1959, inclusive,
$5, 000 in each of the years 1960 `to 1963, inclusive,
I` $6, 000 in each of the years 19641to 1967, inclusive, i
A $7,,000 in.each•of"the years 1968 to 1971, inclusive,
$8,,000 in the year 1972. C
' Section _3. The certificates shall be, signed by the Mayor and
attested by the Clerk of the City of Smyrna and the corporate seal, of. the City
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shall be affixed The coupons to be attached tothie certificates shall be executed
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with the facsimile signature's of said .officers. In case any officer whose
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signature shall appear .on the certificates or .coupons shall crease to be such
officer before delivery .of such. certificates, such signatures shall nevertheless
F be 'valid and' sufficient for 'all purpo-s'es,.the same as if he had remained in
office until such delivery. ,. T1ie certificates and interest coupons to be attached
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thereto -shall be, substantially in the following form, to -wit: ' tt
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UNITED STATES OF AMERICA
" STATE OF GEORGIA
CITY OF SMYRNA
WATER .AND ,SE,WERAGE 'REVENUE ANTICIPATION CERTIFICATE
SERIES 1952
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Noz �'... $1, 000.
FOR VALUE RECEIVED; the City of Smyrna, a municipal
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'corporation of the- County of Cobl , ,State of Georgia, hereby promises to pay,
solely from the'+special fund provided therefor, as' hereinafter set ,forth, to t
bearer, or if registered as herein provided, to the registered owner" hereof,
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on the 1 st day of January, '19 the principal sum of
ONE THOUSAND DOLLARS
and to pay solely from said special fund interest thereon, at the rate of four and
one -quarter per centum (4 1/4%) per annum, payable semi-annually on the 1st
I
days of January and July in each year', beginning July 1, 1953, until payment i
of the principal amount .hereof, upon the presentation and surrender, of the
annexed interest coupons as they' respectively become due. Both the principal
of and interest on this certificate are payable in lawful money of 'the United
.States .of America at the office of The Fulton.,National,Bank.of Atlanta, Atlanta,
+! Georgia.
1
This certificate is one of a _series of like tenor, except as to
I
numbers, redemption provisions and dates of maturity, aggregating the sum
of $l00, 000,. issued for the purpose of improving, repairing, making additions,
extensions, alterations and improvements to its water, and sewerage system,,
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L'. and is issued under authority of the Revenue'Certificate Law (Ga. Laws 1937,
I
761, as,amended, Ga. Laws 1939, 362) of the -State of Georgia, and the Charter
of the City of Smyrna, and: duly authorized by ordinance of the Mayor and -
Council of the'City of Smyrna, passed on the day of s 1952.
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In addition to the aggregate principal amount of certificates of this series, the
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UNITED STATES OF AMERICA
" STATE OF GEORGIA
CITY OF SMYRNA
WATER .AND ,SE,WERAGE 'REVENUE ANTICIPATION CERTIFICATE
SERIES 1952
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Noz �'... $1, 000.
FOR VALUE RECEIVED; the City of Smyrna, a municipal
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'corporation of the- County of Cobl , ,State of Georgia, hereby promises to pay,
solely from the'+special fund provided therefor, as' hereinafter set ,forth, to t
bearer, or if registered as herein provided, to the registered owner" hereof,
.. :...I ,
on the 1 st day of January, '19 the principal sum of
ONE THOUSAND DOLLARS
and to pay solely from said special fund interest thereon, at the rate of four and
one -quarter per centum (4 1/4%) per annum, payable semi-annually on the 1st
I
days of January and July in each year', beginning July 1, 1953, until payment i
of the principal amount .hereof, upon the presentation and surrender, of the
annexed interest coupons as they' respectively become due. Both the principal
of and interest on this certificate are payable in lawful money of 'the United
.States .of America at the office of The Fulton.,National,Bank.of Atlanta, Atlanta,
+! Georgia.
1
This certificate is one of a _series of like tenor, except as to
I
numbers, redemption provisions and dates of maturity, aggregating the sum
of $l00, 000,. issued for the purpose of improving, repairing, making additions,
extensions, alterations and improvements to its water, and sewerage system,,
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L'. and is issued under authority of the Revenue'Certificate Law (Ga. Laws 1937,
I
761, as,amended, Ga. Laws 1939, 362) of the -State of Georgia, and the Charter
of the City of Smyrna, and: duly authorized by ordinance of the Mayor and -
Council of the'City of Smyrna, passed on the day of s 1952.
i k
In addition to the aggregate principal amount of certificates of this series, the
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�f City of Smyrna may, under certain conditions as provided in said 'ordinance,
�t issue not,exceeding $100, 000 principal amount of Water and"Sewe'rage,Revenue
'i Anticipation ,Certificates, and if issued, in'whole or in•part, will rank on a
" parity with the certificates of. this series. R'eference to said ordinance is i
j hereby 'made for a description of the fund charged with .and pledged to the
payment of the principal of and interest on the certificates of -this or any other
series, the nature and .extent of.,the .security and a statement of rights, duties
and obligations of the City, and the'rights of the-holdeis of the certificates, and
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the terms and: conditions under which all, or a part of the total $200, 000 author-
-
ized .amount of, certificates may be issued, to all.the provisions -of which the
holder hereof; ,byAhe acceptance of,this certificate, assents._
The ordinance provides,among other provisions:, for;prescrib-
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ing and revising rates and for 'collecting fees .and charges for the services.,.
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facilities and commodities furnished`by the existent water and sewerage system;
and all further additions and improvements thereto, sufficient to provide funds
7
to pay the cost,of maintaining, repairing and operating said system, and .to pay
the certificates and the interest thereon, and to provide for the payment into a }
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special fund., designated "Water and Sewerage System Sinking Fund, Series
1.95211, from the. revenues of the system of .an amount sufficient to pay the
principal of and interest oh'the'certificates as. the same become due and payable
1
in .the current fiscal year, and to create and maintain a reserve to pay the '
principal of ,and interest .on the certificate`s, as. samekmature ih the next
succeeding fiscal�yea!r,� subject, however, "to,a prior lien on,. -,said revenues
created by prior issues of City of Smyr.na�Water and .Sewerage Revenue Certifi,-;
41
cates, Series 19'50�a.nd SeriesY1951, a re` atin 25 000 authorized'b t
gg g g:=$5;. Y
ordinances of the Mayor and.Council adopted May 19, '1950,, and March 5, 19.51" ,z r
respectively, i
This. certificate shall not be deemed to constitute a debt of the
:City of Smyrna, or a pledge of the faith and credit of said .City, nor shall the
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City be subject to any pecuniary liability thereon. This certificate, shall not be,
payable from, or charged upon,. any funds other than the revenue pledged to
the payment thereof, and is payable solely from the fund provided therefor from j
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the earnings of the said system, including all future additions thereto. No j
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holder, of this certificate shall ever have the right to, compel the exercise of the.
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taxing"power of the City to -pay the same, or the interest thereon, or to enforce
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payment thereof against any property of the City, nor shall this certificate, or
any interest coupon, constitute a charge, lien or. encumbrance, legal or equit-
able, upon any property of the.. City.
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The certificates of said issue- may be redeemed prior to their
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respective maturities at the option of the City°either in part, on the 1st day of
January in any year, not earlier than January 1, 1955, from monies in the
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Water and Sewerage System -Sinking Fund not required for paying the principal
* and-'intdre st coming due upon such certificates in the then current fiscal year i
and- it the*next succeeding fiscaf year, or do whole, on the 1 st day of January in,
any year, not earlier than -January, 1, 1955,' from any monies which may be
.& }
made available,for such,pu-rpose.. Such, redemption may be, made upon at least I
thirty days' prior notice by publication and otherwise as provided in the ordi-
nance, at the principal amount thereof and accrued interest, together with a F
premium of five per centum (576) of such principal amount ,if redeemed on or
prior to January 1, -1959, four per centum (4.0/6) if redeemed thereafter and on
or prior to January 1, 1964, three per centum (30/6) if redeemed thereafter and
on or prior to January 1, 1969, two pe'r centum (21%) if redeemed thereafter and
on or prior to January 1, 1974, and one per, centum (10/6) if redeemed thereafter
prior to maturity. If the certificates are called in part, then any certificate so
called for redemption shall be in the inverse order of their .numbering. f
This certificate shall be fully negotiable for all purposes as
declared by the Revenue Certificate Law and is issued with the intent that the
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laws of the State of Georgia shall govern its construction.
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c In- case of default,, the holder of *this certificate shall be
entitled,to the remedies provided by'the ordinance and the Revenue -Certificate
Law of 1.93.7,, and'any*amendments thereto
This 'certificate, may_ bt' register'ed .as to the payment of. principal!
>t and irit'erest on the books of the Treasurer of the City of Smyrna, and thereafter{.
1� the principal and interest thereof shall be.pay able to the,registeredYowner, and i
no transfer'thereafter shall be valid unless made on the books of'the Treasurer';
and an endorsement of such registration upon the back of this certificate, unless
tfie�last registration shall have` been made to bearer. This certificate shall
F • I
continue .subject to, successive registration and transfer to bearer at the option
+
of the owner. I
t It is hereby recited and certified.that all acts, conditions and
things. required to be, done precedent to'and in' the issuance of..this Water and
" ,Sewerage Revenue Anticipation _Certificate have been done, have happened and
been performed in due and legal,form as required by+ law, and that provision !
f r e
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ha.s... been made, for the allocation of the anticipated charges and fees from the .!
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water and sewerage services necessary and sufficient to pay the principal and
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interest of said certificates -as same mature in the current year, and in the
next succeeding year, and that said funds are .irrevocably allocated and pledged,
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for..the•payment of said certificates and,, interest thereon.
t n IN WITNESS WHEREOF the. City of Smyrna has caused this certi?
ficate to be signed by its Mayor, and its corporate seal to be hereunto affixed, 1
and attested by its Clerk, and has caused the annexed interest coupons to be I
j authenticated with the facsimile signatures `of its said officers as, of the 1 st day
of•November, 1952
CITY OF SMYRNA ,
By - t
r Mayor j
Attest:
f
Clerk
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C'QUPON
e
No. $21. 25
,On the 1st day of _ 19 , ,unless the hekeinafter
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mentioned certificate shall have been called. for previous redemption and provi-
sion made for the payment thereof, the City of,Smyrna, Cobb :County, Georgia,
promise's to pay to bearer at The Fulton National Bank of Atlanta, Atlanta,
Georgia, E
TWENTY-ONE AND 25/100 DOLLARS -
in. lawful money of the United States of America, solely from the special fund
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referred to herein, and for the semi-annual interest then due upon .its Water
1
and Sewerage Revenue Anti cipation;.Certificat e, Series 1952, dated November 1,1
1952, numbered
f
Clerk Mayor
(Coupon No. 1; maturing July 1, 1953 shall be in the amount of $28. 33)
VALIDATION CERTIFICATE,
STATE -OF GEORGIA )
COUNTY OF COBB
y= The undersigned Clerk of. the Superior Court of Cobb County,
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State of -Georgia; keeper df .,the records and seal thereof does hereby certify
that this "certificate' was validated and confirmed by' judgment of the Superior
Court of .Cobb. County,- Georgia, on,the,, day of � 1952', and
that no appeal has been prosecuted therefrom. F
IN WITNESS WHEREOF, I have hereunto set my hand and affixed] ,
the seal of the Superior Court of Cobb County, Georgia, on this, the day i
of 1952. 1
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(.SEAL)
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Clerk, Superior Court, Cobb
County, Georgia
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-CERTIFICATE OF REGISTRATION,k
j7 At the re'quest,of 'the holder of the within certificate for its
t #111� conversion into a fe`gistered certificate, I have'this,day cut off allt coupons
i' attached to' said•'certificate, and the within certificate is hereby converted into
a registered certificate, with -the principal thereof and interest thereon payable
to the registered holder. Hereafter no transfer„thereof while registered. shall
be .effectual unless -made on the books of .the'Treasurer -of the City of"Smyrna i
by the registered holder br' his attorney and noted-he`reon. But -this certificate
may bedischarged-from registraton'by being so transferred to bearer, in
• 9
- " which .case the Treasurer will reattach ,ther.eto all' coupons then unmatur:ed,
which were* detached'. therefrom.
Treasurer, City of Smyrna
DATE:, OF REGISTRATION: IN WHOSE NAME REGISTERED : TREASURER
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'Section 4. Tiile'to th`e,.certificates,, and to the interest coupons
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thereto appertaining,'shall pass by delivery in the same manner as a negotiable'
instrument,payable'to bearer, unless, such certificate is registered,,. in•the
manner hereinafter provided. The certificates -may be registered as to the
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payment'of principal and interest on the books of the`Treasurer.�of the City of
Sniyrna`kept!,for that purpose, and ther,eaft'er the pr.incipal,'and interest thereof
..
shall be payablbjo^the registered owner, and no transfer thereafter shall-be
valid unless made on the books/of the Treasurer of tie City of Smyrna and an t
endorsement'of such -registration shall have+been; made to Bearer.." The certifi-
Cate .shall continue subject 40o� Successive registration and transfer to bearer
at :the option of the owner'. At the r.equest of the holder. of lady certificate for
its` conversion into a registered certificate,the. Treasurer will cut-off all
c coupons attached to the certificates so`ught'to be registered`, and will make
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proper notatiori.of registration, and will pay alf interest as it• accrues on said a
` r,egi'ster,ed certificates-to•the �r,egistered holder thereof. 'The certificates may-
' be discharged from"registration, by being transferred'to bearer, in which case'
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the, Tr.easur,er will reattach .to the certificates all coupons then unmatu'red which`
may have been detached therefrom.
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Section 2. Nothing herein contained shall be construed to limit
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the right"of the Municipality to purchase with the excess'monie's, as hereinabove
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defined, in the'Sinking Fund Series 1952, and. for ,Sinking Fund, purposes,
,
in"tlie operf market,,at,a price less thanstlie callable price herein-
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, �certificates
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above set forth. .Any such :cert ficate.so_purchased.' cannot be reissued and
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shall'be disposed .of*as. is providedtin,S6ction 4*•of 'this _Article.
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Section 3. Notice having been given in the manner and under the
conditions hereinabove provided, the certificates so designated for°+'redemption
It
shall, on the redemption date desigiidted in such notice, become and be due aril
payable,at the redemption price' hereinabove specified,, and from and after•the
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`date of redemption so designated, unless'default shall be made in the payment
of certificate's called for redemption, interest on the certificates, so desi nested
or, redemption., shall cease to accrue and interest coupons maturing after the
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redemption,sha•11 become .void.
x Section 4. Cerrtificates. redeemed and unmatured coupons appur-
,tenant thereto .shall~be cancelled or` otherwise mutilated and destroyed,` and
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record of .such mutilation shall .be made and preserved in the records of the
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Municipality,
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ARTICLE III
CUSTODY AND APPLICATION OF PROCEEDS OF CERTIFICATES
Section 1. A special fund is hereby created and designated "WATER
AND SEWERAGE SYSTEM CONSTRUCTION FUND", sometimes hereinafter
referred to as "Construction Fund", into which the proceeds from the certifi--
i
cates issued hereunder shall be deposited, including accrued interest, or any
other funds acquired by gift, donation, grant or otherwise. The monies in the
Construction Fund; shall be held by the Depository in trust and applied to the
payment of the cost of acquiring., constructing, reconstructing, improving, j
bettering and extending the present system of the Municipality in accordance
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with and subject to the provisions and restrictions set forth in this Article and
the Municipality covenants that it will not cause or permit to be paid from the
lConstruction Fund any sums except -in accordance with such provisions and
f, restrictions. All monies in the Construction Fund shall be subject to a lien
and charge in favor of the holders .of the certificates, issued hereunder, and
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outstanding -at any time, and shall be held for the future security of such holders I
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until paid out, as hereinafter provided.
Section 2. For the purpose of this Article, the cost of reconstruct-
ing, constructing, improving, bettering, adding to or extending the system shall
include the purchase or condemnation of lands, easements, rights of way,
storage tanks and. reservoirs, installation of fire hydrants, taking up and ,laying
mains, laying of conduits for water and sewerage disposal, building and y
equipping of sewerage disposal' plant and°any and all necessary equipment and
'buildings` usual and incident thereto, and any and',all materials necessary for
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the construction of„a modern and efficient system without; intending thereby to
II limit or restrict, or to extend, any proper definition of such cost, as contained
in the Revenue Certificate' Law, as amended, or usual and incident to the
modernization and operation of an efficient system, which, in addition, shall
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include:
(a) Interest accruing upon the certificates prior to the
commencement of and during the construction and reconstruction
of the system, as added to and improved and for six months after
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the date of the completion of the .:improvements to, -said system
and the reasonable fees of paying agents for the payment of such
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interest; `
' (b) 'The cost of indemnity and fidelity bor.ds either to secure -
b� deposits in the Construction Fund or to insure the faithful corn-
pletion of any construction contract pertaining to said improve -
ments to aaid system;
(c) Any taxes or any charges lawfully levied or assessed
against the `undertaking.;
(d) Fees and expenses of Engineers for engineering studies,
surveys and estimates, and --the 'preparation of plans and super-
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wising of construction;
(e) Legal expenses and fees, costs of audits and of preparing
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and issuing the certificates) and-all..,other items of expense not
elsewhere in this Section specified -incident-to the construction,
adding to, and improvement`of -the' system;A
(f)� Payments made for labor, contractors, -builders and
material'men fn' connection with'the construction grid payment
for machinery and equipment and for the restoration of property
damaged or destroyed in connection with such construction.
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Section 3. All payments from the Construction Fund- shall be made.
upon checks signed ,by the officers of. the Municipality properly authorized to
sign in its•behalf, but before they,shall,sign any such checks there shall be
filed`with,the Depository: ,
1 (a) A requisition ior,,such payment i(the above mentioned,
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checks may be deemed a requisition for the purpose of this'.
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Section), stating each amount=to be paid and the name of the
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person, firm,or• corporation to whom payment thereof 'is due, "~
and
1� (b)• A certificate attached to the .requisition and certifying:
1. That an obligation'in the stated amount has been incurred
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by the Municipality, and that tie same is a proper charge
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against the 'Construction Fund;and.has not been ,paid,
specifying the purpose and �circurristanc'es of, such -obliga-
tion in eta ble`dil;' and't'o whom such`obligatio&is•
re7asona.y
{ owed, 'accoinpaAniedµby`thebill.or statement of account.
`p r for suchobligation, or•••a copy thereof; and
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2. That they have. no noticeofany vendor's, mechanic's or
t other liens or.rights to liens, chattel mortgages, or
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-conditional sales contracts which should be satisfied or r
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discharged befog asuch.payme.nt,is made;_ and
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3. That'such requisition contains no'item representing pay-
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ment on account or' any retained percentages which the
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kMunicipalityi's, at, the date of such certificates, entitled
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to retain.
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(c) ;No requisition.for'payment shall be made until the Mu.nici- f
pality has been furnished with prope'"r certificate of the project
superintendent that in so far, as such obligation was incurred for
work, material, 'supplies or equipment in connection with the.under-1
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taking,, such work was `actually performed, or such material, supplies`
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or equipment was actually installed in or,,about the construction•,or
delivere'd• at thesite of the work for that purpose'; � a,
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Section 4. No payment shall be made from the Construction Fund
which will reduce the amount in the Construction.Fund below an amount suffi,- .
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-'cient to pay -interest on the certificates then outstanding that may become due #
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and -payable .up to and including thelime the system`, as" added to and -improved,',
`will be completed as estimated by the project superintendent, and; for, six
months thereafter;, provided, however, should there be in the Sinking Fund,
Ii lie reinafte r -provided for, monies for the payment I'of such interest, then this,'
Section becomes inapplicable. ;
Section \5. All requisitions and certificates as required'by this
Article shall be retained either by the Depository or by the Municipality,
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subject'"at all times to inspection of'any,officer of the Municipality, the'pr:oject
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superintendent and the duly authorized agent or representative of the firm
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I purchasing the certificates.+
` Section 6. When the system-, as added to 'and improved; shall have
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been completed, said fact shall,be evidenced by a certificate from`the project
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superintendent, stating the date of completion; and should there then be any
balance in the Construction Fund,' 6dch balance shall be paid into the Sinking
Fund hereinafter provided for.
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Section 7. The Cobb Exchange Bank of Ma' rietta, Marietta,
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Georgia, be and is hereby designated as the Depository for the Construction
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Fund under the terms of this Article'.'
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{{ =- A4TfCI: E:IV
REVENUES AN]b'FUNDS
The Municipality covenants:
Section 1. That itjs now operating, and ''shall hereafter operate,]
its water and sewerage system on a,' fiscal yearly basis, to, -wit:. January 1st
through December 31st, but should it at some future date Jie.deemed desirable
to change its fiscdl"year, then same can be ,done by proper ordinance so
authorizing.
d Section 2*..�'So long,ag the certificates are outstanding and unpaid,'
issued pursuant t6.,t`his ordinance, all revenues arising from the operation of
the water and sewerage system of.,the City of Smyrna, as then improved and
extended, and thereafter improved, added to and extended, shall be collected
by, it, or by .its agents or employees-, and deposited promptly With the Deposi-
•
tory to the. credit of a special fund which has heretofore by, ordinance adopted
May 19,'1950, and reaffirmed by ordinance of March 5, 1951, been created I
And'designated, as "Water and Sbwerage -Revenue Fund!' (hereinafter sometimes
called the "Revenue Fund") and shall be digposed of in the following manner
and order:
1 -There shall first be paid from "said' Revenue Fund
into.. a special -fund heretofore created by Article"IV, Section 3,'
Paragraph I of ordinance- of May 1,9, 1950, de"signated "City
of Smyrna Water and Sewerage ,System :Sinking Fund", from
month to month therespective amounts and/or percentage of
the revenues of the,system covenanted to -be paid into said fund,
for. the purpose as stated therein.
2. There shall next be paid from the monies in the Revenue
Fund.,the reasonable and necessary expenses of operating and main-
'iaining said system as provided in Article IV, Section- 3, Paragraph
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Z -,of 'sL,dordinance of M,a'y r9, 1950.
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3'. There shall next,be paid from the monies in the
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Revenue Fund into a special fund heretoforecreated by Article
IV, Section 2, Paragraph 3 of ordinance of March 5, 1951,
designated '"City. of.Smyrna Water and Sewerage System -Sink-
ing Fund No. Yfrom month to month the respective amounts !
of the revenues of the system covenanted to paid into said I
fund for the purpose stated therein.
4. There shall next be paid from the monies in the Revenue
''a ;�,• Fund, beginning with the month of ':LJ—UnOA i, r, 1953, into a special
II fund which is hereby created and designated, as "Water and Sewer-
age 'System Sinking Fund, Series 1952" (sometimes hereinafter i
called '-''Sinking Fund,, -Series 1952"), and from month.to month
j. thereafter, the hereinafter_ stated. sums for the purpose of paying
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the principal and interest requirements oii the certificates herein
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authorized to be issued coming due.dn the then current.fiscal year
Wand to. create and ,maintain a surplus in said Sinking Furid,,,Series i
1
1952 equal to the principal and. interest requirements .onthe certi=.
ficates coming due in the .next succeeding fiscal year, which sums
M " shall be payable on or before the last day of each month, the sum of
�- Seven Hundred Fifty' Dollars ($750) per month, until sufficient funds
are on hand to pay all outstanding certificates of this series at
their respective,maturities, and the interest which will become
due and payable thereon; provided, however, that should the Muni- i
cipality at this time issue less than the authorized $100, 000 princ.i- l
" )pal amount of certificates, the payments covenanted to be made in
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`this paragraph. shall4 b'e reduced proportionately with,the amount
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of certificates' not ?issued k'
If, in'ariy month,Y for .any: reason, ,the; amounts required herein
shall not be paid into said,. -Sinking Fund ; Series 1952, any such deficiency shall
I be added to the amount required to be paid into said fund in the next succeeding
month. i
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Section 3. That it at all times, and from time to -time, will
prescribe and' place into effect a schedule of, rates, fees and 'charges for the
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services, facilities and :commodities to be furnished by it's water and sewerage_
system, and as often as it shall appear- necessary, will- revise and adjust such
schedule of rates, fees and charges as may be necessary to produce funds -
sufficient at all times to maintain- and operate said water and sewerage system
on a sound businesslike basis, and to. provide sufficient revenues for the
creation and maintenance of the, Sinking Funds required under ordinances of
May "19, 1950 and March. 5, 1951, and the Sinking Fund, Series 1952 herein
created by this ordinance, which shall be sufficient to discharge the payment
of the principal and interest requirements in the current fiscal year, and in
the next, succeeding fiscal year. '
-In the event it shall fail to adopt a schedule or schedules of rates;
fees and charges, or to revise its schedule or schedulles of rates, fees and
charges, in accordance with the provisions` of this Section, any certificate
Bolder, without regard to whether any default,, as -defined in -Article VII of
this ordinance; ,shall have occurred, sinay institute and prosecute in any court
of competent jurisdiction, an appropriate action to compel it to adopt a
schedule or schedules of rates`, fees and charges, or revis-ed schedule or
schedules of rates, fees. and charges, in accordance with requirements of this
.Section..
Section 4. Such funds as shall from time to time remain in the
Revenue Fund after the required payments into the Sinking Funds,. created by
ordinances of May 19,. 1950 and March 5, 1951, which are now being maintain
Iunder said ordinances as required, and the Sinking Fund, ,Series 1952, herein
fff created, ^,and the payment of reasonable and necessary cost of operating and
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i,maintaining the system, shall not be subject to any lien created byany of said
ordinances and may be withdrawn from said fund and used as it may so deter-
{f mine, provided said Revenue Fund shall in no event ever be less than One
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Thousand Dollars ($1, 000), to meet any emergency or unforeseen contingency
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affecting the water and sewerage system.
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Section 5. That it will not hereafter.issue any other certificates f
or obligations of any kind or nature payable from or enjoining`a lien onnthe }
revenues of the -system prior `to the, lien for the payment of the certificates
herein.,authoriz'ed to be'issiied,, excepting however, any reservations or
rightsprovided relatively.the•reto iri Section^5,•.Article IV'of•the-ordinance of
March 5`,+ 1951. 1Nothing contained, herein, however,' restricts the issuance of
t additional` certificates or "'obligations from tme`to time°payable from the
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revenues of the said, system junior -'and subordinate to the lien herein created. J
It is expressly provided, however, that additional revenue
�. certificates o'r obligations may be issued•in.,a`n aggregate amount not"to exceed
' $10.0,.000 ranking as to the lien on the revenues of, said `system.pari passu with
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the certificates herein authorized to be is"sued provided such additional certifi-
* ; r cates are 'issued on or before July 1, 1954 and all of the following conditions
are met:
(a) The payments covenanted to be made into the .Sinkiiig
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Funds, provided, in Article IV, Section"3, Paragraph 1 of the,ordi-
na`nce of May 19, 1950,, Article IV, Section 2,, Paragraph 3 of'the
l° ordinance of'March, 5, 19,51,, and,in Paragraph 4 of Section 2 of
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this Article must have been made As required.- -
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(b) The governing body of this Municipality'shall pass proper
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` proceedings authorizing the issuance of all or a part of said certifi=
cate`s which -proceedings shall, among others, provide for the date
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and.rate„or rates of interest, maturity dates and redemption provi-
sions, and the interest shall- fall due on January 1 and July 1 of each
•
' year and the certificates shall mature in annual installments on
January 1 or" July 1 of each year (but not necessarily in each, year j
or in,,equal installments), and provided further that any such pro,-
ceedings shall restate and,reaffirm by reference allthe terms,, 4
conditions, and provisions of this ordinance. +
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;(c) Such, additional, certificate's bi, obligations and all pro-
ceedi,ngs relative thereto, and the ,security therefor shall be
. of � i- .. - Q..." 1
validated as: prescribed by law.
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Section 6. All transfers from the Revenue Fund,. and all pay- !
ments from said, fund• into other funds, .or to other sources, shall be made by
check signed bythe officers: of the. Municipality properly authorized to sign, in 1
its behalf.
Section 7. That the Sinking Fund, Series 1952 herein provided
will be kept as a separate fund from the other deposits and the Depository I
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holding said Sinking "Fund shall be designated as "Sinking Fund Custodian,
Series' 1952", and said Sinking Fund Custodian be, and is hereby designated as I
the'Bank of Smyrna, Smyrna, Georgia, and said Custodian to comply with all
necessary requirements as hereinafter' more specifically provided under
Article V of this ordinance.. The Fulton National Bank, Atlanta, Georgia, is
hereby designated as *the Paying Agent for the certificates,, which, said` certifi-
cates and the coupons:, thereto appertaining shall be paid"at par. There may
from time to time be designated a successor Sinking Fund Custodian, provided
said Custodian complies with the provisions of Article V of this ordinance.
3 Section 8. Subject to the terms and conditions set forth in this
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ordinance, monies in.the Sinking Fund shall be disbursed by,the Mayor and k
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Council for':
(a) the payment of interest upon certificates secured '
hereby as such, interest falls due, and
(b) the payment of the principal of the certificates secured
hereby at their respective maturities, and
(c) the redemption of certificates secured hereby before
maturity at the price and under the conditions provided therefor
in Article II hereof, or c
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ti (d) *theypurchas'e of certificates in the open market,
provided, however, 'the price paid shall not exceedthe authorized
call rice, and
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(e) the payment of the necessary charges of the Paying
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Agent for paying certificates and interest.
Monies in the Sinking`Fund not required to pay the interest
coming due July 1, or the'interest and principal coming due January 1 of any
p:
year, may, in the discretion of the Mayor and Council, and after proper
C` 'resolution of said body, be invested in short term notes or certificates or bonds!
e:
of stated redemption value of the United States Government, 'any such notes,
bonds and certificates to be' held'by the Sinking Fund Custodian for the benefit
of said Sinking Fund, Series 1952. The monies in s'aid'Sinking Fund and all
securities held in, and for said fund and the.income therefrom are hereby
. 1
pledged to -and charged with the payments mentioned.. in this Section..
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Section 9. All certificates paid, purchased, or redeemed,
either at or. before maturity; shall be delivered to the Clerk of'the governing
body when.such payment or redemption is:; made, together wth`all unmatured°
3
coupons appertaining thereto, and such certificates and .coupons shall there- I
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upon be cancelled and shall not be reissued. All interest coupons shall be
cancelled upon their payment and delivered to said Clerk. All certificates
and coupons so cancelled shall be, cremated and record of same shall be filed
with the governing body. f
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ARTICLE V
DEPOSITORIES'OF MONIES AND SECURITIES.FOR DEPOSITS
Section 1. Except as otherwise provided, all monies received
by the Municipality under the terms hereof shall be deposited with the Deposi-
tory, or with the Sinking Fund Custodian in the name of the Municipality, and
all such monies so deposited shall be applied in accordance with the terms
hereon and for the.purposes set forth herein, and shall not be subject to lien
or attachment by any creditor of this Municipality.
No monies, whether belonging to the Construction Fund, the
Revenue Fund, or the Sinking Fund, or any other fund, shall be deposited or
remain on deposit with the Depository, or the Sinking Fund Custodian, in an
amount in excess of the amount guaranteed'by the Federal Deposit Insurance
Corporation or other Federal agency, unless such institution shall have
pledged for the benefit of the Municipality and the holders of the certificates,
as -collateral security for the monies deposited, direct obligations of, or obli-
gations the principal and interest of which are unconditionally guaranteed by
the United States Government, or other marketable securities eligible as
security for the deposit of trust.funds ,under regulations of the Board of
Governors of the Federal Reserve System and having a market value (exclusive
of accrued interest) at least equal to the amount of such deposit.
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ARTICLE VI
PARTICULAR COVENANTS
The Municipality covenants: ,
Section 1. That it will promptly pay the principal of, and interest
on, every certificate issued hereunder and secured hereby at the place, on the
dates and in the manner herein, and in said certificates and in the coupons
thereto appertaining, specified, and any premium required for the redemption
of said certificates, according to the true intent and meaningJhereof. The
principal, interest, charges of the paying .agent and .premiums, if any, are
payable solely out of the revenues of the system, which revenues .are hereby
pledged to the payment thereof in the manner and, to the extent hereinabove
particularly,specified; and nothing herein or i! the'certificat 's or coupons
shall be construed as obligations of the Municipality to levy or to pledge any
form of taxation whatever therefore or to make any appropriation. for their pay-
..,
ment, except from ;revenue s� of the' system; �a.nd=' no certificate holder shall
have any recourse to the power ,of�taxation.
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Section 2. That it has and will continue to enforce reasonable
rules and regulations governing the system and the operation thereof, and that
all compensation, salaries, fees and wages paid by it in connection with the
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maintenance^, repair and operation of such system will be reasonable, and that
no more persons willbeemployed by it than are necessary, and that it will
operate same in- an efficient and economical manner,_ and will at all times
maintain the 'same in good, repair and in sound operating. condition, and will,
make all necessary repairs,- renewals and replacements, and that it will
comply with all valid acts, rules; regulations, orders and directions of any
legislative,, executive, administrative or judicial body applicable to such
undertakings and enterprise.
Section 3. That any contracts" for labor or materials or construction
shall also provide that payments thereunder shall not be made by it in excess of "
ninety (900/6) per cent of current estimates, except payment of the .final balance
under any such contract.
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F Section 4. That it will not create or suffer to be, created, `in the
operation and maintenance`ofWthe, system, any lien, or charge thereon, or any
part `thereof, or upon the revenues derived therefrom, ranking :equally with or
{� prior to the lien -and charge herein authorized upon such revenues, and that it
will pay, ,or`causv.to be discharged, or'will make adequate provisions to satisfy
and discharge, within sixty (60),.days after the same shall accrue, all lawful
claims and demands for labor, materials, supplie.s or 'other objects, which,
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"> if unpaid, might by "law become a lien upon such, system, or, any part thereof,
or ,upon the r`even'es therefrom; provided,. however, that nothing contained in
j this Section shall require the Municipality to pay, or cause to be discharged,
-or make provision'for, any such lien. or charge, so long as the validity *thereof
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shall be contested in good faith and by appropriate legal proceedings.' 4
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Section, 5. ' That it will carry adequate public liability insurance
and will.insureYand*at ail times keep the following properties_ belonging to the `
ti system insured to -the full tnsurable,value thereof in a responsible insurance
5
company, or companies; authorized and qualif id under the laws of the,h State of
I' Georgia to assume the risks thereof against loss or damage thereto from the
following".causes: t `
,.All buildings andAall machinery and equipment therein
l: Y'-_hgainst loss;.or damage by,fi•r,e,a lightning,'tornado or winds;
' - .. All .other property, against loss or damag'e,,by fire or
lightning if the ysame is not fireproof, -and against loss 'or
{ z r damage from other causes customarily insured against by
companies engaged in similar business. All such policies
shall be for the benefit of and made payable to the Municipality
w Y, and, shall be on deposit therewith.
The proceeds of -all, such insurance policies, except the public
liability policies, arc pledgedras security for the certificates, ,.but `shall be
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available. fo'r and ~shall, to the extent necessary and desirable, be applied to
the repair and replacement of the damaged or destroyed property.
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All insurance policies shall be open to the inspection of the certifi-
cate, holders and their representatives at all reasonable times:
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Section. 6. That it will keep the funds•and accounts of the system
l separate from all other funds and accounts of the Municipality, or any of its
departments, and that it will keep accurate records and accounts of all `items
of cost and all expenditures relating to the system, and, of the revenues collected
and the application thereof, and of the number of consumers, and that it will
keep said records and accounts with respect to its physical properties in such
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manner, that it will be,,possible at"all`.times to identify -.both .the amounts and the
items�of all additions and retirements. Such records and accounts shall be open
r to the insp.ectibn of all inter.esteld persons.
Section,7'. That -at least semi-annually'it will cause to be filed with
the original purchasers of the certificates issued hereunder. copies of-�any'
material revisions of charges and fees or change in management -during the
preceding six months and a report, signed by the proper officers of the
Municipality, setting forth in respect of the preceding six months and of the
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twelve months period ending with such last month:
(a),• -A separate income and expense account of such
system;
(b) All payments to and withdrawals from the 5various
funds created herein; R
(c) The aggregate amount of certificates issued, paid,
purchased or redeemed;
(d) A balance sheet as of the end of said six months;
(e) The amount on deposit at the end of such six months
period 'to the credit of each of the funds.
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Section 8. That in the month of January of each year, or as soon
thereafter as practicable, it will cause anauditto be made of its books and
accounts pertaining to, the system by an independent and recognized firm of
Certified Public Accountants of suitable experience and responsibility, to be
chosen by the governing body of the Municipality. Such semi -annual reports
VI-3
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and audit reports shall be'dpen to the inspection of all interested persons and
a copy of same sent to the original purchasers of the certificates. It will also
cause'any additional reports or "audits relating to such system to be 'made, as
required by law, and -that from time to time as often as may be requested, it
will furnish to the original purchasers of certificates issued hereunder such
other information concerning. such system, or the operation thereof, as any of
them,.may reasonably° requests The cost of audits shall.be treated as a part
of the cost of operation.
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Section 9. That so long as any of the certificates shall be out-,
standing it'will not encumber the system or any part thereof, and it will not sell`
or,otherwise dispose of the system or any integral part thereof, except it may. k
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sell such system as.a whole, or•"substantially-as a whole, if the proceeds of
such sale be at least sufficient to provide for the redemption of all certificates �
and any interest accrued, or to accrue, authorized under and secured by
this ordinance, and that the proceeds of any such sale shall be deposited, with
the Sinking Fund Custodian in trust, and by it applied to the extent necessary
to the purchase or redemption of such certificates. Nothing, contained herein,
however, shall preclude sale of a part of the system where the sale would not
j in any way adversely affect the revenues of the system, and ,provided further
that the proceeds from such sale are used for extensions and improvements to
{ the system, or deposited with the Sinking Fund Custodian in trust and applied
towards" the purchase or redemption of certificates.
It will not hereafter createl or permit to be created any charge
or lien on the revenues of such system, as now existent and as hereafter
extended and improved, ranking prior to the certificates of this issue, except E
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as authorized'under the provisions of Section 5, Article IV of the ordinance of
March 5, 1951,E or ranking equally with the charges or lien of the certificates
of this' issue, except, it may issue "additional certificates standing on a parity f
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herewith; in accordance with :Section 5 ,of Article •IV, of this ordinance.
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ARTICLE VII
REMEDIES
Section 1. Each of the following events is hereby declared an
"event of default", that is to say, if:
(a) Payment of the aprincipal of, any of the certificates
shall not be made when the same yshall become due and payable.,
either at its maturity or by proceedings for redemption;
(b) Payment of any installment of interest shall not be made
when,the same becomes due and payable, or within thirty'(30)
days thereafter; or
(c) The Municipality shall, for any reason, be rendered
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incapable of fulfilling its obligations hereunder; or
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(d) An order' or ,decree shall ber entered, with the consent
or`' acquiescence of the Municipality, Mappointing .a Receiver, or
W Receivers, of the system, or of the revenues thereof, or any
proceedings shall be instituted, with the consent or acquiescence
of the Municipality, for the purpose of effecting a composition
between the Municipality and its creditors, or for the purpose
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of adjusting claims of such creditors, pursuant to any Federal
or State statute,now or hereafter enacted, if the claims of such
creditors are under any circumstances payable out of the revenues
of the system, or if such order or decree, having been entered with-
out the consent and acquiescence of. the Municipality,. shall not be
vacated or discharged oristayed on appeal within sixty (60) days
after^entry thereof, or if such proceeding, having been instituted
without the consent or .acquiescence of the%Municipality, shall not
be withdrawn, or any orders entered shall not be vacated, dis-
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charged or stayed,on appeal, within sixty (60) days after the in-
stitution of such proceedings, or the entry of such orders; or
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,(e) .The Municipality shall make a default in the due and
punctual performance of any other of the covenants, conditions,,
agreements or provisions contained in the certificates or in
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this - ordinance, on the part of the Municipality to be performed, {I
T, and such default shall continue for thirty'(30) days after written
notice, specifying such default and requiring same to be remedied,
shall have been given to the Municipality by any certificate holder.
Section 2. Upon the happening and continuance of any event of
default specified in Section 1 of this Article, then and'in every such case the
holders of not less, than'fifty-five (55016) per, cent in the principal amount of the
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certificates then outstanding may, by,a notice in writing to the Municipality,
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declare the principal of all of the certificates then outstanding (if not then due
and payable), to be due and payable immediately; and upon such declaration the
same shall become and be immediately due and payable, anything in the certifi-
cates or herein contained to the contrary not withstanding; provided, however,
that if at any time after the principal of the certificates shall have been so
declared to be due and payable,, all arrears of interest, if any, upon all the
certificates then outstanding, and all other indebtedness secured hereby, except
the principal of any certificates not then due by their, terms, and the interest
accrued on such certificates since the last interest payment date, shall have 'bees
paid, or shall have been provided for by deposit with the paying agent of such
certificates of a sum sufficient to pay the same, and every other default in,the
observance or performance of any covenant, condition or agreement in the
certificates. 4or herein contained,, shall'be made good, or provisions therefor
^ saiisfactory,to,sdch ce'rtificatefholder's shall have` bee.nImade, then and in every
such case the".holde,rs of�not�le'`ss,thanvfifty'=five-(55%):.per cent in, principal
amount of the certificates •then outstanding may; 'bye written notice to the Munici -
pality, rescind and annul such declaration and its consequences, but no such
rescission or' annulment shall extend to, or affect, any subsequent default or
impair any right consequent thereto.
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Section 3. Upo.n..the happening and continuance of any event of
default as provided in Section 1 of this Article, then and in every such case any
certificate holder may proceed, subject to the' provisions of Section 5 of this
Article,Ao protect and enforce -the rights bf,the certificate holders hereunder
by, a,'suit�, action or special proceedings in equity, or at law; either for the,
appointment of. a R.ecelver of the system as authorized by the Revenue Certifi-
cate•.Law, or for the., special performance of any,covenant,or agreement con-
tained.herein or in aid or execution of any power ,herein granted, or for the
..enforcement of any proper legal "or•equitable remedy as such certificate holder
shall deem most effectual to protect and enforce the rights aforesaid, ,in so
far as such„may be authorized by law.
Section 4. In case'any proceeding taken by any certificate holder
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on account of any default shall have, been discontinued or abandoned for any
reason, or shall have been determined adversely to such certificate holder,
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then, a:nd`in°every such easethe Municipality and the certificate holders sha11
be restored to their former positions and rights hereunder, respectively, and
all rights; remedies, powers and duties of the certificateholders shall continue
as though `no such proceedings had been taken. i
Section.5. No one,, or more, holders of the certificates secured
hereb shall have an right in an manner whatever b his or their action to
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affect, disturb, or prejudice the security granted and provided for herein, or
to enforce. any right hereunder, except in the manner herein provided, and all
proceedings at law or in equity shall be; instituted, had and maintained for .the,
equal benefit,of all holder's of such outstanding certificates and,coupons:
Section 6`:'"N.i remedy herein conferred upon the •cer'tificate holders
is intended to be' exclusive of any other remedy,, or remedies, and each and
every such remedy shall be cumulative, a:nd shall be in.addition to every" other
remedy give.n,he eunder` or "now or`Ihereafterfexisting at law or in equity,. or
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Section 7, No delay or omission of any certificate holder to exercise
any right or power accruing upon ,any default'occurring •and continuing as afore-
said- shall impair a.ny such default -or be,construed as an acquiescence therein;
and every power and remedy given by ,this Article to�the holders of the certifi-
cates, respectively, mays be,exercised from time to time and as often as may
be deemed expedient.
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ARTICLE VIII,
MISCELLANEOUS PROVISIONS AND DEFINITIONS
Section 1. Any bank or trust company with, or into, which, the
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Paying Agent mentioned in Section 7 of Article IV of this ordinance may be
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merged or consolidated, or to which the assets' and the business of'such Paying
Agent may be sold, .shall be -deemed the, successor of suchk,Paying Agent for
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the purposes of this ordinance.
Whenever used in this ordinance, the,singular shall include,.the 4
plural and the plural shall include the singular, unless the context otherwise
indicates.
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The term. "fiscal year" shall be deemed to be the period com-
mencing on the first 'day of January and -ending on the last day of December.
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Section 2. In,case any one or more of the provisions of this
ordinance, or the certificates,or coupons issued hereunder, shall for"any
reason.be field to be 'illegal or invalid, such: -illegality: or .invalidity shall not
affect any other..provsion of this ordinance, or said certificates. or coupons,
but this ordinance and said certificates and coupons shall be construed and
enforced as if such illegal o'r invalid provisions had not been contained therein.
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Section 3. The'provisibns of this ordinance shall constitute a I
contract by and between the City of Smyrna and the holders of the certificates.
authorized to be issued hereunder, and after the issuance of 'said certificates,
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this ordinance shall not be repealed or amended in any respect which will
adversely affect the rights, and interests df the holders of; said; certificates, nor
shall the Mayor and Council of the City of Smyrna pass any ordinance in any
way adversely'affecting the rights of such holders, so long as any of the certifi-1
cates authorized by this ordinance, or the interest thereon, shall remain unpaid.
Any subsequent ordinance, or proceedings, authorizing the issu-
ance `of all or any part of the _certificates provided for under Section 5,' Article
IV of .this ordinance shall in, nowise conflict with the terms and conditions df i
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this 4ordinance, but, shall,for -all legal purposes,., contain all the covenants,
• agreements and provisions of this ordinance for the equal protection and benefit.
of all certificate holders.
Section 4. The term "Mayor and Council" shall be construed
to mean the presentgoverning body of the City of Smyrna, and. any successor
or successors in office to -said present body, and any person, body,or authority
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i to whom, or which, may hereafter be delgated •byr law the duties, powers,
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authority, obligations or liabilities of the present body, either in whole, or in
r.elation"to tNe water and sewerage system. -
Jr The terms "water and sewerage system" and "system" shall `
be construed as one and the same and shall mean the usual facilities now or
hereafter owned by the City of Smyrna and used -by -it in furnishing water and
sewerage services and facilities.
The term. "engineer" and "project superintendent", shall be
construed to' mean the, Engineer for the City, M. J. Hensley, or his successor ,.
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or s,uch;,other -engineer or engineering firm#that might hereafter be employed
i in lieu of the said M.. J., "Hensley in relation to the supervision of,the. construc-
ition of the.`add,it ons` and �i`mprovements, to the system, and in relation to the
services 'to'be rerfdei,ed as in thisr•ordinance provided. F,
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Section 5, tThe certificates herein authorized shall be validated t.
} iri the manner provided by law, -and to. that_ end notice of the adoption of this 1
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ordinance and a copy thereof,be served on the Solicitor General of -the Blue
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Ridge- Judicial Circuit; in order that proceedings for the above purpose be t
instituted ;in the Superior Court of Cobb County'and..said notice shall be executed
by -the Mayor arnd attested by the Clerk of the City of Smyrna. {
Section 6, Any and all ordinances, o.r parts of ordinances, in
conflict with this ordinance this day passed be and are hereby repealed, and
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this ordinance shall be in full force and effect from and 'after its adoption.
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CLERK'S: CERTIFICATE
GEORGIA, COBB COUNTY,
do heieby certify that I a Im"
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-Clerk of the Mayor and Council of the City of Smyrna, Georgia, and,,that the
ordinance was adopted by attached. ordin the Mayor and Council of the -City of Smyrna
in meeting duly -assembled by unanimous, vote onvt he A3 V'da%y of Oct'o'ber, 1952,
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and that said or-dinahce is in full force and, effect and has, not -in any wise been
amended or repealed.
This the-i4 day of October, 19 5'Z*.
-Clerk
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-to,
OATH OF REGISTRARS
We, and each of us do solemnly swear that we will faithfully and
impartially discharge to the best of our ability the duties imposed
upon us by law as such registrars.
Sworn to, before me,
this the 2Bth day of
October 1952
Clerk
OATH OF ELECTION MANAGERS
We, and each of us do swear that we will faithfully and impartially
conduct this dayts election according to law. That we will permit
no one to Mote who is not entitled to vote, and will prevent all
illegal voters to the best of our skill and power, So Help us God.
Sworn to, before me,
this the_Zj day of
1952
'Clerk
CERTIFIED ELECTION RETURNS OF REGULAR CITY ELECTION HELD
THIS THE lst DAY OF NOVEMBER 1952
We, the duly appointed Election Managers to conduct this
election, declare the f ollowing'results:
FOR MAYOR:
Guy, N. Duncan
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J. M. Gibson 3
FOR COUNCIL:
J. H. Akins '� !a
John S. Collier 3 3 1
John L. Hodgson 3r/ 7 /
H. L. McEntyre 3 cle 0
We, therefore, certify "to the Mayor and Council of the City
of Smyrna, the election of tfor Mayor,
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,for
Council, they recei ing the hi est number of votes.
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Election Managers
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' ARTICLE' II
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•' REDEMPTION OF `G* R#TIFICATES BEFORE MATURITY
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`Section 1. The certificates 'securedhereby may be redeemed
.,-,at the option of the Muriicipality,.in part `obi the I st.day of Januaryin any year.,
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not earlier �than January 1, 055, •from�nonie'W iri. the Sinking Fund not required
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for paying the principal and interest coming•due upon the certificates in the ,
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then current fiscal year and in,the- next succeeding fiscal year, or, in whole on
st day of January in any year not earlier than ,January 1, "1 q55, from any
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monies in the Sinking Fund which may be'made available for such purpose 'and,•,
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depos_ited with the paying agent on or before the date" fixed' for redemption. + At '
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least thirty (30) days'notic.e before any date upon which any such redemption
is, to be made, a notice of intention'so to xedeem'signed by,the Mayor and .
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attested by the" Clerk of the. City of Smyrna designating the redemption date and {
the certificates to -be 'redeemed shall be published. in a -newspaper -of general" '
circulation in the City of Atlanta, Georgia, and shall be filed at the place at ,
which the principal and interest of the certificates shall be payable -and shall
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be mailed, postage prepaid, to all registered owners of certificates to be
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redeemed whose addresses -shall appear upon the books of registration lierein-, '
above providedfor; but failur-e 'so to mail any such notice shall not affect the
validity.of the proceedings for•such redemption. The redemption of certificates
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.under this }Article shall be made .by the, payment of the principal amount of the ;
certificates to be redeemed and' accrued interest to date -of redemption, together
with a premium of five per of such principal amount if redeemed
�centum.(51o)
on, or prior to, January 1, 1959,' four per centum (4%) if redeemed thereafter 1
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and on or prior ,to January.1, 1964, three,per centum (3%o)' if redeemed there- 1
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after and on'or prior to January 1, 19691 two per centum (20/6) if redeemed i
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thereafter -and on or prior to January- 1, 1974, and one per centum (1%) if
redeemed thereafter before maturity. If the certificates ar.e redeemed in part,
such redemption as to said certificate's shall be in the. inverse order of the
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numbers ofthecertificates and maturities, beginning with certificate number
100 and working _backwards.
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