The herald., 1922-10-26
AMENDMENT TO CHARTER OF
NEW ORLEANS PUBLIC SER
VICE. INC

VICE, INC.
United States of America. State o.
Louisiana, Parish Of Orleans CITY q
New Orleans, Be il known and remem
bered that on this END day Of tn,
| month of September, in the year of ou1
/ Lord. one thousand. nine hundred anr
1 twenty-five and of the independence o,
the United States Of America. the on,
hundred and forty-seventh: Before me
Stamps Farrar, notary public. duly
commissioned sworn and qualified il
/ and for the Parish of Orleans. State OF
! Louisiana, therein residing. and in tht
| 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, a corporation ere.
/ 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
I Book Record of Charters" No 1O5
/ 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 We're present and
voted. and IL was unanimously deter
mined and resolved to amend Article
" of the charter or articles of associa-
uon of said corporation so that same
should read as hereinafter set forth.
The said A L. Kempster and the said
Z NIIr1RA Rnnnay ha mn
secretary respectively of New Orleans
Public Service, Inc, further declared
that at said general meeting of stock
holders IL 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 4. 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
of the stockholders of said company by
embodying the said amendment in no.
tarial 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. 000.00) dollars
OF preferred stock represented by one
hundred thousand G0O,0OO) shares of
the par value of one hundred ($100.00)
dollars each; and
Fifteen million (s15.OOO. OOO.OO) dol
one hundred and fifty thousand Q5O.-
000) shares of the par value of one
hundred (S100.00) dollars each.
THE preference , designations. voting
powers, restrictions and qualifications,
of the preferred stock shall be as fol-
lows:
The preferred stock shall be en-
titled in preference to the common
common stock to dividends at the rate
of 10 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
shall be declared or set apart for pay
ment on the common stock until all
dividends then accrued on the preferred
stock shall have been set apart for
payment.
In any distribution of assets other
than by dividends from surplus or
profits. whether voluntary or invOlun-
tary. the preferred stock shall also
have preference over the common
stock until the full par value thereof
ana 70 per annum thereon from the
date of issue thereof shall have been
paid by dividends or distribution. The
preferred stock shall not receive any
ulVldends 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-
, ,s stock shall be subject to redemp-
non at the option of the corporation
upon any dividend date at its par value
and accrued and unpaid dividends there
on to the date fixed for redemption
upon the vote of not less than a major
lty 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-
Iore the date of redemption to each |
holder OF record of preferred stock at
MS post office address appearing upon |
ne DOCKS or the company, and upon the
ieposit OF the aggregate redemption |
price with any national bank or trust |
company in the city of New York named |
N such notice, payable to the order OF
STOCK on endorsement and surrender of
.heir certificates said holders shall at
me expiration of said notice cease to |
De stockholders. Upon any issue of ad-
.ionai stock of the company of any
;lass or holder of outstanding stock of |
my class shall be entitled of right by
,eason of such stock holding to sub
scribe for, purchase or receive any por-
Ion or the additional stock so issued
,ut the board of directors of the COM
'sny may dispose of all or any portion
u such additional stock without offer
ng the same in the first instance TO
ne stockholders Of the company for
or purchase.
The preferred stock shall not entitle
my holder thereof to vote at any meet
ng or stockholders or election of the
or otherwise to participate
n any action taken by the company or
except as may be required
" law; and except that IL at any time
ne accumulated and unpaid dividends
m the preferred stock to the last divi-
lend date shall equal seven (s700) dol
ars per share a meeting of the stock
FOLDERS for the election of directors
hall be called in accordance with the
y-laws upon the request OF the holders
Il record of ten (0Go) per cent. or
more of the preferred stock then out
landing, and at such meeting and at
ii other meetings Of stockholders for
all