The herald. [volume] (New Orleans, La.) 1905-1953, 1922-11-02
AMENDMENT TO CHARTER OF
NEW ORLEANS PUBLIC SER
VICE INC

VICE, INC.
United States of America. State q
Louisiana. Parish of Orleans. civ y
New orleans. BE il known and remem
bered that on this 22nd day of III
month of September in the year of ON
Lord, one thousand, nine hundred an,
twenty-five and of the Independence q
the United states of America. the on,
hundred and forty-Seventh: Before me
Stamps Farrar, a notary public dul,
commissioned. sworn and qualified il
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
Parish Of Orleans. State of Louisiana,
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. 1879,
| folio 4, and in the office of the Secre-
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,
II.
1922. at the office of the company in
the City of New Orleans, Louisiana, at
which meeting all of the stockholders
or SAID corporation were present and
| voted, and IT was unanimously deter
mined and resolved to amend Article
~ of the charter or articles of associa-
tlon or 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
IL
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 H.
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. for the
purpose of making effective the action
or the stockholders of said company by
embodylng the said amendment in no.
tarlal form, and they now declare unto
me, notary. that Article " of the char
ter or articles of association of New
Orleans Public Service, Inc, shall be
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, 00O. 00) dollars |
of preferred stock represented by one
hundred thousand (1Oo,OOO) shares of
the par value of one hundred (s1O0.00) !
dollars each; and
Fifteen million (s15,0OO, 100000 dol
lars OF common stock represented by
one hundred and fifty thousand G50,-
OOO) shares of the par value of one
hundred S100.00) dollars each.
The preference designations. voting
powers, restrictions and qualifications,
lows:
The preferred stock shall be en-
Titled in preference to the common
common stock to dividends at the rate
OF 70 per annum payable quarterly or
semi-annually as the board of direc-
tors shall determine and such dividends
shall be cumulative from and after the
date of issue thereof. No dividends
snail be declared or set apart for pay
nent on the common stock until all
dividends then accrued on the preferred
stock shall have been set apart for
payment.
, I'm any distribution of assets other I
han by dividends from surplus or
Iary, the preferred stock shall also
nave a preference over the common !
stock until the full par value thereof
ina 20 per annum thereon from the {
'ald by dividends or distribution. The S
PREFERRED stock shall not receive any {
lVldends from surplus or profits in ex- /
ess or said par value and the amount !
y such accumulated dividends unpaid ?
nereon, but the common stock alone Q
man receive all further dividends and Q
hares in distribution. S
All but not less than all of the pre- e
erred stock shall be subject TO redemp- I
ION at the option of the corporation {
pom any dividend date at it's par value Z
M accrued and unpaid dividends there '
II TO the date fixed for redemption 5
pom tne vote OF not less than major !
" In interest of the outstanding COM
non stock. Notice of the intention of e
ne company to redeem the preferred
lock snail be mailed thirty days be- 4
ore the date of redemption to each b
oluer or record of preferred stock at g
ne books of the company. and upon the
epoSlt or the aggregate redemption G
rice with any national bank or trust s.
onpany in the city of New York named u
he record holders of the preferred Il
lock on endorsement and surrender of n
lelr certificates, said holders shah at s.
he expiration of said notice cease to
: stockholders. Upon any issue of adj 81 81
onal stock of the company of any c
ass or holder Of outstanding stock OF o.
ny class shall be entitled of right by NJ
JASON or such stock holding to sub
1iiOS toI, purchase or receive any poI- "
on or the additional stock so issued 81
lt the board of directors of the COM M
any may dispose of all or any portion eI
such additional stock without offer u
y the same in the first instance TO M
lie stockholders of the company for "a
Inscription or purchase
me preferred stock shall not entitle =,
~ holder thereof to vote at any meet M
u or stockholders or election of the
or otherwise to participate -
any action taken by the company or -
ockholders except as may be required ~
law; and except that IL at any time 10
e accumulated and unpaid dividends sn
the preferred stock TO the last divi- AZ
nd date shall equal seven ($700) dol
RS per share a meeting of the stock
'iders for the election of directors
all be called in accordance with the Bs
laws upon the request of the holders ~
record of ten (108o) per cent. or ia'
ore or the preferred stock then out,
anding, and at such meeting and at
other meetings of stockholders for