The herald., 1922-10-12
AMENDMENT TO CHARTER OF
NEW ORLEANS PUBLIC SER
VICE INC

1 ANo"1NT ~ CAAaTER OF
NEW ORLEANS PUBLIC SER.
VICE, INC.
United States of America, State q
Louisiana, Parish of Orleans. CITY q
! New Orleans, Be il known and ranar,
bered that on this 22nd day of m
! month of September, in the wear of or
| Lord. one thousand. nine hundred an
twenty-five and of the Independence n
the United States of America. the on
hundred and forty-seventh: Before ms
stamps Farrar, a notary public dul,
commissioned, sworn and qualified il
and for the Parish of Orleans. State q
Louisiana, therein residing and in tn
presence of the witnesses hereinafte
named and undersigned: PERSONAL,
came and appeared. A. L. Kempster
president. and Maurice H Rooney, sec
rotary, respectively of New Orlean.
Bubllc 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 or August, 1922. in Book No 1879
folio 4. and in the Office of the Score.
tary of State of the State of Louis.
lana. at Baton Rouge. Louisiana, in
Book Record of Charters" No. 1O5
Folio =, on the 23rd day of August
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
tne CITY or 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 or articles of associa-
ton of said corporation so that same
should read haraiDa ffar
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
oiilcers 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.
nc 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
II the stockholders of said company by
the said amendment in no.
-arial form. and they now declare unto
ne, notary. that Article w of the char
er or articles of association of New
orleans Public Service, Inc. shall be
ma is now amended so as to read as
.ollowS. to-wit:
ARTICLE IV-The capital stock of
his corporation is hereby declared to
re and is fixed as follows:'
Ten million $4,000. 00O.00) dollars
u preferred stock represented by one
hundred thousand QOO,0OO) shares of
he par value of one hundred (slOO.OO)
dollars each; and
Fifteen million (s15,OOO. 900. oO) dol
ars or common stock represented by
ne hundred and fifty thousand G50,-
oo) shares of the par value of one
hundred (S100.00) dollars each.
Inc preference designations, voting |
overs, restrictions and qualifications, |
the preferred stock shall be as fol- |
The preferred stock shall be en-
tiled in preference to the common /
ommon stock to dividends at the rate |
20 per annum payable quarterly or |
as the board of direc-
prs shall determine and such dividends
nail be cumulative from and after the
ate OF issue thereof. No dividends
hall be declared or set apart for pay
tent on the common stock until all
vidends then accrued on the preferred
,ock shall have been set apart for
ayment.
I'm any distribution of assets other
ian by dividends from surplus or
'ofits, whether voluntary or involun-
ny the preferred stock shall also
I'VE a preference over the common
ock until the full par value thereof
ID 10 per annum thereon from the
tie OF issue thereof shall have been
I'D by dividends or distribution The
eierred stock shall not receive any
vIuenus from surplus or profits in ex-
SIS OF SAID par value and the amount :
such accumulated dividends unpaid I
ereon, but the common stock alone
an receive all further dividends and {
ares in distribution. .
All but not less than all of the pre- {
Ieu STOCK snail be subject to redemp-
IN at the option OF the corporation I
on any dividend date at its par value I
u accrued and unpaid dividends there
10 the date fixed for redemption 5
Oh me vote or not less than a major J
IN interest of the outstanding COM
On stock. Notice of the intention of e
company to redeem the preferred
'ch snail be mailed thirty days be- I
re the GATE of redemption to each b
iuer OF record OF preferred stock at G
, post oILlce address appearing upon n
DOCKS OF the company, and upon the
posit OF tne aggregate redemption C
ce win any national bank or trust $
npany In the city of New York named f
'uen n9uce, payable to the order of o
record holders of the preferred q
'ch on endorsement and surrender of n
'ir certificates. said holders shall at s
expiration of said notice cease TO G
o'OShnoluerS. Upon any issue of ad- s.
MAJ stock of the company of any C
IS or holder of outstanding stock of o
class shall be entitled of right by N
son son OF such stock holding to sub
Ipe ior, purchase or receive any por- D
n or the additional stock so issued s.
the board of directors of the com h
~ may dispose of all or any portion 81
such additional stock without offer G
the same in the first instance to n.
stockholders of the company for q
,Seriptlon or purchase.
Inc preferred stock shall not entitle
holder thereof to vote at any meet NJ
OF stockholders or election of the
poratlon or otherwise to participate
any action taken by the company or as
;,hHoiuers except as may be required L.
raw; and except that If at any time "a
accumulated and unpaid dividends 81
.he preferred stock to the last divi- a
q cate shall equal seven (s7.OOO dol
> per snare meeting of the stock
1ers for the election of directors
~ De called in accordance with the 81
avs upon the request of the holders 10
record of ten Q0%o) per cent. or ia
e or the preferred stock then out
loing, and at such meeting and at
other meetings of stockholders for
n