The herald. [volume] (New Orleans, La.) 1905-1953, 1922-09-28
AMENDMENT TO CHARTER OF
NEW ORLEANS PUBLIC SER
VICE, INC,

NEW ORLEANS PUBLIC SER
VICE, INC.
United States of America, State OF
Louisiana, Parish of Orleans, City of
New Orleans, Be il known and remem-
bered that on this 22nd day of the
month of September, in the year of our
Lord, one thousand. nine hundred and
twenty-five and of the Independence of
the United States of America. the one
hundred and forty-seventh: Before me.
Stamps Farrar, a notary public. duly
commissioned, sworn and qualified in
and for the Parish of Orleans. State of
Louisiana, therein residing, and in the
presence Of the witnesses hereinafter
named and undersigned: Personally
came and appeared, a. L. Kempster,
president, and Maurice II. Rooney, sec
rotary, respectively of New Orleans
Public Service, Inc, corporation Gre
ated by and existing under the laws of
the State of Louisiana by an act be-
fore Stamps Farrar, notary public,
of date August IS. 1922. recorded in
the Mortgage office for the Parish of
Orleans, State of Louisiana, on the 18th
day of August, 1922, in Book No. 1878.
tary of State of the State of Louis
lana, at Baton Rouge, Louisiana, in
Book Record of Charters No. los,
Folio =. on the 23rd day of August,
1922. and said appearers declared that
general meeting of stockholders OF
said New Orleans Public Service, Inc,
was held on the 21st day of September,
1922, at the office of the company in
the City of New Orleans, Louisiana. at
which meeting all of the stockholders
OF said corporation were present and
voted, and il was unanimously deter
mined and resolved to amend Article
" of the charter OF articles of associa-
ton of said corporation so that same
should read as hereinafter set forth
The said A. l.. Kempster and the said
Maurice II. Rooney. the president and
| secretary respectively of New orleans
| Public Service. Inc, further declared
| that at said general meeting of stock
! holders it was resolved that they, as
| officers of the company. be authorized,
empowered and directed to take such
steps as may be or become necessary
to make effective said amendment to
| the charter.
Whereupon the said A. L. Kempster,
president and the said Maurice II.
| Rooney. secretary, of New Orleans Pub
! lie Service, Inc, declared that they do
now appear for and on behalf of said New
! Orleans Public Service, Inc, Tor the
| purpose of making effective the action
| of the stockholders of said company by
embodying the said amendment in no.
| tarial form, and they now declare unto
me, notary. that Article Nv of the char
ter or articles of association OF New
Orleans Public Service, Inc, snail De
and is now amended so as to read as
| follows, to-wit:
ARTICLE IV-The capital stock of
this corporation is hereby declared to
be and is fixed as follows:
Ten million $4,000 OOOOO) dollars
of preferred stock represented by one
hundred thousand UO0,0O0) shares OF
the par value of one hundred (SlOO.OO)
dollars each; and
lars of common stock represented by
one hundred and fifty thousand (l5O,-
OOO) shares of the par value OF one
hundred (s100.00) dollars each.
he dnGiUnnflOnG voting
powers, restrictions and qualifications,
of the preferred stock shall be as fol-
lows:
..The preferred stock shall he en-
titled in preference TO the common
| common stock to dividends at the rate
| of 20 per annum payable quarterly or
| semi-annually as the board or dlrec-
tors shall determine and such DIVIDENDS
shall be cumulative from and after the
| date of issue thereof. No dividends
shall be declared OF set apart for pay,
ment on the common stock until an
dividends then accrued on the preferred
| stock shall have been set apart Tor
| I'm any distribution of assets other
than by dividends from surplus or
| profits, whether voluntary or lnVolun-
| tary, the preferred stock shall also
have a preference over the common
stock until the full par value thereon
| and 10 per annum thereon from the
| date of issue thereof shall have been
l
preferred stock shall not receive any
dividends from surplus or profits in eX-
/ cess of said par value and the amount
of such accumulated dividends unpaid
thereon. but the common stock alone
shall receive all further dividends and
shares in distribution.
"All but not less than all of the pre-
ferred stock shall be subject to redemp-
ton at the option or the corporatioI
upon any dividend date at it's par value
and accrued and unpaid dividends there
on to the date fixed for redemption
upon the vote of not less than major
ity in interest of the outstanding com
mon stock. Notice of the intention OF
| the company to redeem the preferred
stock shall be mailed thirty days be
, fore the date of redemption to eaci
holder of record of preferred stock a
, his post office address appearing upor
, the books of the company. and upon tn
, deposit of the aggregate redemption
? price with any national bank or trus
company in the city of New York NAMED
: in such notice, payable to the order o
the record holders of the preferre'
! stock on endorsement and surrender o
: their certificates, said holders snail a
the expiration of said notice cease Z
: be stockholde 8. Upon any issue or al
, tionaI stock of the company of an!
class or holder of outstanding stock o
any class shall be entitled or right D.
, reason of such stock holding TO SUB
: scribe for, purchase or receive any por
i but the board of directors of the com
| pany may dispose of all or any portion
3 of such additional stock without otfer
Z ing the same in the first instance Z
the stockholders of the company 10
subscription or purchase. 49,,
'The preferred stock shall not entiti
: any holder thereof to vote at any meet
ing of stockholders or election of tn
: corporation or otherwise to participant
: in any action taken by the company o
: stockholders except as may be require
: by law; and except that IL at any tim
, the accumulated and unpaid dividend
. on the preferred stock to the last div
: dend date shall equal seven CS7.oO) do
lars per share a meeting OF the stocB
holders for the election of director
shall be called in accordance with TN
bylaws upon the request OF the holder
= of record of ten U0To) per cent. 9
: standing. and at such meeting and q
r all other meetings Of stockholders fo
q the election Of directors held while an