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HomeMy WebLinkAbout1971-057 ORDINANCE NO 71-~7 ORDINANCE CALLING AN ELECTION THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, it ~s deemed necessary and advisable to call the elect~on hereinafter ordered, and WHEREAS, ~t ~s hereby officially found and determined that a case of emergency or urgent public necessity exists whlch re- quires the holding of the meeting at which th~s Ordinance ~s passed, such emergency or urgent public necessity being that the proceeds from the sale of the proposed bonds are required as soon as possible and without delay for necessary and urgently needed public ~mprovements, and that sa~d meeting was open to the public, and public not~ce of the time, place, and purpose of sald meetlng was g~ven, all as required by Vernon's Ann Clv St Article 6252-17 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS 1 That an eleotlon shall be held on JANUARY 25, 1972, in sald C~ty at the following designated polling place THE COMMUNITY BUIIDING IN THE CIVIC CENTER Sa~d C~ty shall constitute a s~ngle e!ectlon precinct for sa!d elect~on, and the following elect~on officers are hereby appoint- ed to hold sald elect~on Presiding Judge J L CARRICO Alternate Presiding Judge CHARLES ORR ? That the Presiding Judge shall appoint not less than two qualified elect~on clerks to serve and assist ~n conducting sa~d elect~on, provided that if the Presld~ng Judge actually serves as expected, the Alternate PresIding Judge shall be one of such clerks 3 That by approving and signing th~s Ordinance the Mayor of sa~d Clty officially conf~rms h~s appointment of the aforesaid elect~on offlcers to serve at sa~d election, and by passing th~s Ordinance the governing body of said Clty approves and concurs In the appointment of the aforesaid elect~on officers 4 That said election shall be held and conducted in effect as two separate but slmultaneous elect~ons, to-w~t one election at whlch only the resident, qualified electors who own taxable property In the C~ty and who have duly rendered the same for tax- ation shall be entitled to vote, and another elect~on at which all other resident, qualified electors of the C~ty shall be en- titled to vote The votes cast at each of sa~d separate but s~multaneous electlons shall be recorded, returned, and canvass- ed separately It ls hereby declared that the purpose of holding the elect~on ~n such manner ~s to ascertain arithmetically, with respect to a submitted PROPOSITION, (a) the aggregate votes cast at the election for and against the PROPOSITION by resident, qualified electors of the C~ty, and also (b) the aggregate votes cast at the election for and against the PROPOSITION by resident, quallfled electors who own taxable property in the City and who have duly rendered the same for taxation Each elector shall be entitled to vote once, ~n accordance with the provls~ons of th~s Ordinance 5 That not~ce of sa~d elect~on shall be g~ven by posting a substantaal copy of this Ordinance at the Municipal Building (Caty Hall) and at two other places ~n said City, not less than 15 days prior to the date set for said elect~on, and a substan- ta&l copy of thas Ordanance also shall be published on the same d&y an each of two successave weeks an a newspaper of general czrculation publashed an sa~d Caty, the date of the first publa- catzon to be not less than 14 days praor to the date set for saad election 6 That at sazd elect~on the followzng PROPOSITIONS shall be submitted ~n accordance w~tk la~ PROPOSITION NO 1 , Shall the C~ty Councal of said C~ty be authorized to zssue the bonds of said Caty, in one or more series or zssues, an the aggregate prznclpal amount of $8,700,000, wath the bonds of each such series or zssue, respectively, to mature serzally wzthzn not to exceed 40 years from thear date, and to be sold at such prices and bear ~nter- est at such rates as shall be determzned wzthzn the dzs- cretzon of the Caty Counczl, for the purpose of construct- · ng and amprovang streets ~n said Czty, and prov~dzng drain- age and flood control facllztzes in connection therewith, and shall said Czty Counczl be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount suffzclent to pay the annual interest on sazd bonds and provide a sinking fund to pay said bonds at maturity~ PROPOSITION NO 2 Shall the City Councl! of sazd Czty be authorazed to assue the bonds of sazd Czty, in one or more serzes or assues, ~n the aggregate prznclpal amount of $950,000, w~th the bonds of each such series or ~ssue, respectzvely, to mature serially wlthzn not to exceed 40 years from their date, and to be sold at such prices and bear inter- est at such rates as shall be determined wlthln the dls- cretaon of the Czty Council, for the purpose of purchas- ing and lmprovzng lands for park purposes, and shall said C~ty Counczl be authorized to levy and cause to be assess- ed and collected annual ad valorem taxes zn an amount sufficient to pay the annual interest on sazd bonds and provlde a s~nklng fund to pay sa~d bonds at maturity~ PROPOSITION NO 3 \ Shall the C~ty Council of said City he authorized to zssue the bonds of said C~ty, 11/ one or more series or issues, in the aggregate principal amount of $850,000, with the bonds of each such sermes or issue, respective- ly, to mature serially within not to exceed 40 years from their date, and to be sold at such prices and bear inter- est at such rates as shall be determined within the dis- cretion of the City Council, for the purpose of improving and extending the City's Airport, and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount suffi- cient to pay the annual interest on said bonds and pro- vide a sznkmng fund to pay said bonds at maturity~ PROPOSITION NO 4 Shall the City Council of said City be authorized to lssue the bonds of said Cmty, ~n one or more ser~es or mssues, in the aggregate prmnclpal amount of $6,000,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed 40 years from their date, and to be sold at such prices and bear inter- est at such rates as shall be determined within the discre- tion of the City Council, for the purpose of improving and extending samd City's Waterworks System, w~th said bonds to be secured by and payable from a lien on and pledge of the Net Revenues of said City's Waterworks and Sewer System~ PROPOSITION NO ~ Shall the City Councml of samd City be authorized to issue the bonds of said Cmty, in one or more series or ~ssues, in the aggregate principal amount o~ $9,000,000, with the bonds of each such series or issue, respectively, to mature serially wlthmn not to exceed 40 years from their date, and to be sold at such prmces and bear inter- est at such rates as shall be determined within the discre- tion of the City Council, for the purpose of improving and extending said City's Sewer System, with said bonds to be secured by and payable from a lien on and pledge of the Net Revenues of sa~d City's Waterworks and Sewer System~ 7 That the offmclal ballots for said election shall be pre- pared mn accordance with the Texas Election Code so as to permmt the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITIONS, which shall be set forth in substantially the following form PROPOSITION NO 1 FOR ) ) THE ISSUANCE OF $8,700,000 OF STREET ) AND DRAINAGE GENERAL OBLIGATION BONDS AGAINST ) PROPOSITION NO 2 FOR ) ) THE ISSUANCE OF $950,000 OF PARK ) GENERAL OBLIGATION BONDS AGAINST ) PROPOSITION NO 3 FOR ) THE ISSUANCE OF $850,000 OF AIRPORT ) GENERAL OBLIGATION BONDS AGAINST PROPOSITION NO 4 FOR ) ) THE ISSUANCE OF $6,000,000 OF WATER- ) WORKS SYSTEM REVENUE BONDS AGAINST ) PROPOSITION NO 5 FOR ) ) THE ISSUANCE OF $9,000,000 OF SEWER ) SYSTEM REVENUE BONDS AGAINST ) 8 That mt ms hereby found and determmned that the probable permod of usefulness of the proposed mmprovements covered by each of the aforesamd PROPOSITIONS ms 30 years 9 That Artmcle 9, Sec 9 02 of the City Charter contains the followmng provmsmon and requmres this election ordmnance to distmnctly specmfy "(6) a determmnatmon of the net debt of the Cmty after mssuance of the bonds thereby authorized, together with a declaratmon that the bonds thereby authorized w]ll be wmth- mn all debt and other llmmtatlons prescrmbed by the Consti- tution and laws of the State of Texas ", and Artmcle 9, Sectmon 9 01 (b) provmdes that "In no event shall revenue bonds be consmdered an mndebtedness of the City" There- fore no such determmnatmon ms requmred to mnclude the revenue bonds heremnabove submitted As to the general obligation bonds herein proposed to be submmtted the determination ms hereby made that the net debt of the Cmty after the issuance of said bonds wlll be not more than $17,078,000, and it ms hereby declared that samd general oblmgatmon bonds w~ll be wzthln all debt and other lzmmtatmons prescrmbed by the Constmtutlon and laws of the State of Texas CERTIFICATE FOR ~DINANCE CALLING AN ELECTl THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON We, the undersigned officers of said City, hereby certify as follows 1 The City Council of said City convened REGULAR MEETING ON THE 28TH DAY OF DECEMBER, 1971, at the Municipal Bulldlng (City Hall), and the roll was called of the duly constituted officers and members of said City Council, to-wit Brooks Holt, City Secretary Dr Alexander Flnlay, Mayor Bob Chambers Bill Neu Harold L Ramey Hugh M Ayer and all of said persons were present, except the following absentees BrQoks Hol~ ' thus constituting a quorum Whereupon, among other buslnes=, the following was transacted at said Meeting a written ORDINANCE CALLING AN ELECTION was duly introduced for the consideration of said City Council and read in full It was then duly moved and seconded that said Ordinance be passed, and, after due discussion, said motion, carrylng with it the passage of said Ordinance, prevailed and carried by the following vote AYES All members of said City Council shown present above voted "Aye" NOES None 2 That a true, full, and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and fore- golng paragraph is attached to and follows this Certificate. that said Ordinance has been duly recorded in said City Council's minutes of said Meeting, that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Ordi- nance, that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein, that each of the officers and members of said City Council was duly and sufficiently noti- fied officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at sa~d Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meet- lng was open to the public, and public notice of the tame, place, and purpose of said meeting was given, all as required by Vernon's Ann Clv St Article 6252-17 3 That the Mayor of sa~d City has approved, and hereby approves, the aforesaid Ordinance, that the Mayor and the City Secretary of said City have duly signed said Ordlnance, and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordinance for all pur- poses ~ SIGNED AND SEALED the~ ~ day of 197L Wayor (SEAL) ......................................................... We, the undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Denton, Texas, hereby certify that we prepared and approved as to legality the attached and following Ordinance prior to as aforesaid City ~ Y . · ~ Attorneys