HomeMy WebLinkAbout1979
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LAW OFFICES
MID CALL, PARKHURST SI HORTON
1400 MCRCANTILC 6ANR OUILDINO
116107 H. MCCAtL
PAUL NORTON DALLAS,TEXAS 76901 JOHN MCCALL 11668.1081)
I114119R7 T. LIWI• M16LARO PARANORIT 1$0441111
W6111 M. TART MIACO01114748•9301 C1.4RINCI I. CROWC IUOf•IIM
R•7 M. ►OINIITT
•ICNAND C. +ORTIR 1
CNARLI• MOIOI/N
April 10, 1979
Mr. Brooks bolt
City Secretary
City of Denton
215 E. McKinney Street
Denton, Texas 76201
Dear Brur)ke:
City of Denton Water and Sewer System
Revenue Bonds, Series 1979, $41000,000
we are enclosing herewith for the City's permanent
records the transcript of proceedings authorizing the issu-
ance of the captioned Bonds.
Sincerely yours,
McCALT,j PARKHURST a HORTON
Paul B. Horton
PBHtk
Ence
cc: First Southwest Company
COUNTY OF DENTON
AMERKA
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ciTY OF. :)£NTON GENERAL OBLIGATION BONDS
SERIES 1979
$4,500,000 `
Hwy`
I
TRANSCRIPT OF PROCEEDINGS
WITS DELIVERY PAPERS
A
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.a
C =IFICA" Z FOR
OrDINANCE CALL_TNG A BOND ELECTION
THE ST?,'"E OF TEXAS
COUNTY OF DENTOY:
;
CITY OF DEN TON
we, the undersigned officers of said City, hereby, certify
as follows=
`=C
s^_
1_ The City Council of said City convened in -
SPECIAT, M=" TOING ON T3E 30TH DAY OF JANTUAaY, 1978,
at the Municipal;Building (City Hall;, and the roll was called ;V
of the duly constituted officers and members of said City
Council, to-wit:
Brooks-Bolt, City Secretary Elinor Hughes, Mayor
Bill Nash Dick Stewart
Coe'Mitch ell Mazy Claude Gav
and all of said ersons were present, except the following
absentees: ,
thus constituting a quorum. whereupon, among of er business,
the fallowing was trar.,sacted at said Meet ing: a written _
OF U?ANCE CALL14NG A BOND 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 mo-
tion, eAL-.tying with it the passage of said ordinance, prevaLl- _
ed 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 :Ui the above and fore-
going 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 fore,oing 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 Para-
graph 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 suffi-
ciently notified officially and personally, in advance, of t.*:e
time, place, and purpose of the aforesaid Meeting, and that said
Ordinance would be int--oduced and considered fzr passaap at said
meeting,: and each .of said officers and members consented, in ad-
vance, to the holding of said Meeting for such purpose; and that
said meeting was open to the public, and public notice of the
time, place, and purpose of said meeting was given, all as re-
quired by Vermoa's Ann. Civ. St. Article 6252-17.
3. That the,mayor of said City has approved, and hereby
approves, the aforesaid Ordinance; that the mayor and the City`
Secretary of said City have duly signed said Ordinance; and
tha- the Mayor and the City Secretary of said City hereby de-
elate that their signing of this Certificate shall constitute
the signing of the attached and following copy of said Ordinance
for all purposes.
S1 AND SEALED the 30th day of Janus.-y, 1973.
;PI =y secreta--y mayor
($r.aL) - - - - - - - - - - - - - - - - - - - - - - - - - -
we, the undersigned, being respectively City /T~tornnly
and the Bond Attc=eys of the City ofiiTLjnton;~ T s, hecepy cer-
ti.fy that we, prepared and approved s t leg 114 tY matt hed
and following Ordinance prior to is passag a r~sa3' -
City Att rnev '
Bond'Aitorneys '
v
T\
J.
t
ORDINANCE NO. 78-5
ORDn OUNCE CA L=G A BOND ELECTION
THE-STATE OF TEXAS
COUNTY OF D~ z
CITY OF D&'^ITON _
WREREAS, it deemed necessary and advisable V) call the
election hereinafter ordered; and
WB=PJ=, it is hereby officially found and determined: that^
a cash of emergency or urgent public necessity exists which re- ~
q ;res the holdiag of the meeting at Which this Ordinance is
passed, such emergency or urgent public necessity bein3 that the 44
proceeds from the sale of the proc;.)sed bonds are required as soon
as possible and without delay for necessary and urS=tly needed
public i=gravements:; and-that said meeting was open to the public,.
and public notice of the time, place, and purpose of said meeting
was ga.ven, all as required by Vernon's Ann. Civ. St. Article
6252-17. TEE COUNC= OF THE CITY OF DE.`1TON HEREBY ORDAINS:
1. That an e`Ie-r-tion shall be held on FEBRUARY 28, 1978,
in said City at' the following designated polling place: •c
THE COM C=TY BU=ING IN THE CHIC C=R.
Said City shall constitute a single election precinct for said
election, and the following election officers are hereby appoint- =4
ed to hold said election:
- s
Presiding Judge: Lee Knox
Alternate Presi.dirg Judge: Robert E. Miller
2. That the Presiding Judge shall appoint not less than
two qualified election clerks to serve and assist in conducting
said election; provided that if the Presiding Judge actually
serves as expected, the Aitp^ate Presiding 3u:ge shall be one
cf,such clerks.
3. That by approving and signing this Ordinance the Mayor
of said 'City officially' conf ms his appointment of the aforesaid-
election officers to serve at said election; and by paasi..- this
Ordinance the governing body of said City approve=r and concurs
in the appointment of the aforesaid election officers .
4. That all resident, qualified electors of the City shall
be entitled to vote at said election.
5. That notice of said election shall be given by posting
a substantial copy of this Ordinance at the City Sall and at
two other places in said City, not less than l5 days prior to I Ii As
the date set for said election; and a substantial copy of this
Ordinance also shall be published on. the same day in each of tdo
successive weeks in a newspaper of general circulation published
in said City, the:Adate of the first publication to be not less
than 14 days prior to the date set for said election.
"Y
,s.
S. That at said election the following PROPOSITIONS shall T
be submitted in accordance with law:
PROPOSITION NO. 1
Shall the City Council of the City of Denton be
authorized to issue the bonds of said City, in one
or more series or issues, in the aggregate principal
amount of $1,815,000, with the bonds or each such
a:
series or-issue, respectively, to mature serially with-
in not to exceed forty years from their date, and to
be sold at such prices and bear interest at such rates,
not to exceed the maximum rates permitted by law, as
shall be determined wit**in the discretion of the City
Council, for the purpose of the acquisition of proper-
ty =d making improvements for public purposes, to-wit:
coa:tructing ane ' moroving streets in said City 3
providing drazgp ::acilities in connection therewith;
and shall said Council be authcc:_ ized to levy and
cause to be assessed and collected annual ad valorem
t xes in an amount sufficient to pay the annual inter-
est on said bonds and provide a sinking fund to pay
said bonds at maturity?
PROPOSITION NO. 2
Shall the City Council of the City of Denton be
authorized to -issue the bonds of said City, in one
or mare series or issues, in the aggregate principal
amount of $775,000, with the bands of each such
series or issue, respectively, to mature serially with-
in not to exceed forty years from their date, and. to
be sold at such prices and bear interest at such rates,
not to exceed-the maximum rates permitted by law, as
shall be dete= ned within the discretion of the City
r_ouncil, for the purpose of the acquisition of proper-
`y and nakdmg improvements for public purposes, t:-wit:
providing additional•City pubL.c library facilities;
and mhall said City Council be ;t:thorized to levy and
cause to be-assessed and collr_ted annual ad valorem:
taxes in as amount sufficient to oav the annual inter-
est on said bonds-and provide a sinking fund to pay
said bonds at maturity?
PROPOSITION NO. 3
Shall the City Council cf the City of Denton be
autthorized to issue the bonds of said City, in one
o more'seri:es or issues, in the aggregate principal
amount of $888,000, with the bonds of each such
series or isszre,.respectively, to mature serially with-
in not to e+x<4&s forty years „om their date, and to d '
be sold at"suclh prices and bear interest at such rates,
not to exceed the maximum, rates permitted by law, as
shall be dete--mired within the discretion of the City
Council, for ;the purpose of the acquisition of proper-
ty and making improvements for public pm-.poses, to-wiz:
..providing additional City police faci1_t-es: and shall
said City Council be authorized to levv and cause to
be assessed and collected annual ad valorem taxes in
an "amount sufficient to pay the annual i.-iterest on
said bonds and provida .i sinking fund to pay said bends
at maturity?
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PROPOSITION NO. 4 `
Shall the City Council of the City of Denton be
au-horized- to -issue the bonds of said City, in one ;z
cz more series or .issues, in the aggregate priac_pal
amount of'S530,000,- with the bonds of each such
series or sssue.. respectively, to mature serially with- "
in not to• exceed forty years from their date, and to
be sold at such prices and bear interest at such rates,
not to exceed the maxinn= rates permitted by law, as
shall be' dete=; ned with:.n the discretion of the City
Council, for>the_purpose of the acquisition of proper-
ty and makimg'=provements for public purposes, to-wit:
providing additional City fire fighting facilities; k:
and shall said City council be authorized to levy and
cause to be-assessed and collected annual ad vz-lorem
taxes in as amauat sufficient to pay the annual inter-
est on said bonds and provide a sinking fund to pay
said bonds-wt maturity?
7. That they:official ballots for said election shall be
prepared i.a accozdar^e with the Texas Election Code so as to
permit the electors to vote "FOR" or "AGAINST" the aforesaid
PROPOSITIONS, with-.the ballots to contain such provisions,
markings, and'xanguage as required by law, and with such
PROPOSITIONS to he expressed substantially as follows:
PROPOSITION N.O. 1
4
FOR
THE ISSUANCE OF $1,815,000 OF STREET
AND DRAINAGE BONDS
AGAINST
PROPOSITION NO. 2 r:-
} THE ISSUANCE OF $775,000 OF LIBRARY
AGAINST ) =ys
PROPOSITION NO. 3 _
FOR T1.7,r ISSUANCE OF $880,000 OF POLICE r.
FACILITIES BONDS
s-
AGA'G& )
PROPOSITIONS ':O_ 4
FOR
THE ISSUANLCE OF $530,000 OF FIRE
FIGHTING FACILITIES BONDS
AGAINST
8. That it is. hereby found and determined that the prob-
able period of-usefnlxtess of the propozad improvements covered
by each of theaforesaid PROPOS=ONS is 30 years. .H
• 9 That Art.-~cle 9, Seca 9.02 of the City Charter contains
the following-provision and requires this electon ordinance to,u
distinctly specify;
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(6) ecdetermination of the net debt of the City
after issuance 'of the bonds thereby authorized, together
w -,t!:. a decSawation that the bonds the=ebv authorIzed
will be within all debt and other 'Uaitat=ozzs
prescrib-
ed ' by the Constitution and laws of the State of Texas.
and
The dete.-Mi++atica is hereby made that the net debt of the City
after the issuance of the Ponds herei. i proposed to be tted
will be not more thaa.$ ot:- and it is hereby declared
that said genera, obl,gat-oa bonds will be with!.- all debt and
tither limitations prescribed by the ConstitL'_ion and laws of
the State of Texas.
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ACIOZOWZDGMENT OF NOTICE OF SPECIAL MEETING
A
FOR ABSENTEES
THE .STATE .OF TEXAS
COUNTY..OF DErzw
CITY OF DENTOR
Each of the undersigned officers or members of the City
Council of said City hereby acknowledges and certifies that
he or she was duly an s+ifficiently notified officially and
personally, in advance, of the tune, place, and purpose of
the Special Meeting of said City Council which was held at ~Y
the Municipal `SaLlIding -(City Hall) of said City on January 30,
1478. and that an
OR=WCE CALLING A BOND ELECTION
woul be introduced and considered for passage at said Special
Meeting,:and that he or she consented, in advance, to the hold-
ing of said Special tinq for such purpose
SIGNED the of 1978
;A.
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AFFIDAVIT OF `POSTING NOTICE
THE STATE Off' TEXAS _
COIINT'Y OF 'DEN_'ON -
CITY OF DENTON
BEFORE ME, al" notary public in and for the above maned
County, on this day personally appeared the Affiant whose name
y5 subscribed- below, whor having been duly sworn, says uFPon
19780 a true and correct copy of the
oath that on
attached and following NOTICE OF ELECTION was duly posted in
the above named City at each of the public places as follows: -
+s-
Building (city Hall):
(a) oae at the Mtinicipal
20,
(b) one at '
one at
(c)
cant
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AND SWORN TO BEFORE ME on 1978.
SUBSCRZBED
Public
Notary
_1- 7? r
MY commission expires
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(NOTARX PUBLIC SEAL)
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NOTICE OF ELECTION
THE SPATE OF TEXAS
COUNTY OF DENTON _
CITY-OF DENTON
TO THE RSSIDENT,'QUALIFIED ELECTORS OF TEE ZITY OF OMM. N,
~t
TEXAS:
TMM NOTICE THAT AN ELECTION WILL BE HELD 1N, T=
CITY OF DENTON AS PROVIDED IN AN ORDINANCE CALL-
ING -A BOND ELECTION DULY PASSED BY THE CITY COUNCIL
OF SAID CITY, WHICH ORDINANCE IS SUBSTAZNTIALLY AS
FOLLOWS c z`k
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ORDINANCE NO. 78-3
ORDMANCE CALLING A BOND ELECTION
PIT
a _
THE STATE OF TEXAS F>
COUNTY OF DENTON - '
CITY OF DENTON
WHEREAS it is deemed necessary and advisable to call the
election hereinafter ordered: and
WHEREAS, it is hereby officially found and determined: that.
a case at emergency or urgent public necessity exists which re-
quires the holding of the meeting at which this ordinance is
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 impr~-**r*+~;-and that said meeting was open to the public,
and public notice of the time, place, and purpose of said meeting
was given* all as required by Vernon's Ann. Civ. St. Article
6252-17_ -
3.
THE COUNCIL OF TEE CITY OF DENTON HEREBY ORDAINS:
1. Than 'an *14w. on shall be held on P=UARY 28, 1978,
in said City at the follo».ng designated polling place:
THE COMMUNITY BUILDING IN THE Cl~IC CEDIT R.
Said Lit, shall,coastitute a single election precinct for said
election., and the following election officers are hereby appoint-
ed to hold said election:
S Fip
Presiding Judge: Lee Knox
Alternate Presiding Judge: Robert E. Miller
2. That the 'Presiding Judge shall appoint not less than
two qua it ed'election clerks to serve and assist in Conducting
said election provided that if the Presiding Judge actually
serves as expected; the Alternate Presiding Judge shall be one
of such clerks.
a+,
3. That by'approving and signing this Ordinance the Mayor
of said City officially confirms his appointment of the aforesaid
election officers-to serve at said election; and by passing this
Ordinance ..the'governing`body of said City approves and concurs
in the appointment of.the aforesaid election officers.
4..• That alZ resident, qualified electors of the City shall
be entitled to vote at said election.
5._ That notice of said election shall be given by posting
a 3UbXtA=tia1 COPY ,of this Ordinance at the City Hall and at
two other places IM, L said Ci.ty,_ not less than 15 days prior to
the_date ~met far ~d election: and a substantial copy of this
O:dinaace'alsa.shall be published on the same day in each of two
succp-ssive weeks in'a newspaper of general circulation published
in saidCity, thw.-dite of the first publication to be not less
than 14 days prior-to the date set for said election-
.
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6._" That at'said election the following PROPOSITIONS shall
be submitted in accordance with law_
PROPOSITION NO_ 1
shall the City Council of the City of Denton be
authorizes'-to issue the bonds of said City, is one
or more series or issues, in the aggregate principal
amount of .Sl:,8I5, 400, -Ath the bonds of each such
series or :issue, respectively, to mature serially With-
in not to emceed forty years from their date, and to R=
be sold at-such prices and bear interest at such rates,
not to exceed the maximum rates pets fitted by law, as
shall be de<priai**ed within the discretion of the City
Council, :fob -the purpose of the acquisition of proper-
ty and making improvements for public purposes, to-wit:
constzuc`-li2q and improving streets in said City and
providing,drai:nage facilities in connection therewith;
and shall-said City Council be authorized to levy and
cause to be-assessed and collected annual ad valorem
taxes in an amount sufficient to pay the annual inter-
est on said 'bonds and provide a sinking fund to pay
said bonds at maturity? F
PROPOSITION NO. 2
Shall the City Council of the City of Denton be
authorized to-issue the bords of said City, iz one
Or more series or issues, in the aggregate principal
amount of $775400, with the bonds of each such
series or ."issue, respectively, to mature serially with-
in not to ixceed forty y*aars from their date, and to
be sold at such prices and bear interest at such rates,
not to exceed the maximum rates permitted by law, as
shall be'detezmined within the discretion of the City
Council";°tor`the purpose of the acquisition of proper-
ty and making improvements for public purposes, to-wit:
providing additional City public library facilities:
and shall. said City Council be authorized to levy and
cause to be;assessed and collected annual ad valorem y'
taxes in an:"amount sufficient to pay the annual inter-
est-on said , bonds and. provide a sink mg fund to pay
said bonds at maturity?
PROPOSITION NO. 3
Shall; the City Council of the City of Denton be
authorize8'to 'issue the bonds of said City, in one
16 or more series `or issues, in the aggregate principal
amount-o1!-M0r000, with the bonds of each such
series- or issue, respectively, to mature serially with-
in not:to'"exceed forty years from their date, and to +
be sold at such prices and bear interest at such rates,
not,to exceed rhe`maxix= rates pe=mi.tted by law, as
sbaiL be`detezmined within the discretion of the City
Couzsci.l, "for; the, purpose of the acquisition of proper- y
tw and making .__improvements for public purposes, to--wit:
providirg'.additional City police facilities; ar% shall '
said Cf yv;Couacil.be authorized to levy and cause to
! be assessed and collected annual ad valorem taxes is
I~ - an anouat.sufficient to pay the annual interest on
said bonds and provide a sinking fund to pay said bonds
at maturity?
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141,
PROPOSITION NO. 4 b
Shall the City Council of the City of Denton be
authorized to 'issue the bonds of said City, in one
or more series or "sues, is the aggregate principal
mount '-of'S530,000' with the bonds of each such
series or issue, respectively, to mature serially with- -
.in not to.exceed forty years from their date, and to '
be sold at-such prices and bear interest at such rates,
not to exceed;-the maxim= rates permitted by law, as i•
shall be dete=ned within the discretion of the city
Council,,'tos---tbe purpose of the acquisition of proper-
ty and makJ=q improvements for public purposes, to-wit:
providing additional City fire fighting facilities:-
shall said City Council be authorized to levy and '
cause to be "assessed and collected annual ad valorem
taxes is as amount sufficient to pay the annual inter-
est an said bonds and provide a sinking fund to pay
said bonds at maturity?
~P7_4 That the official ballots for said election shall be y
prepared in accordance with the Texas Elect-'on Code so as to
permit the electors to vote "FOR" or "AGAI.~IST" the aforesaid
PROPOSITIONS,-with the ballots to contain such provisions,
markings, and.lanquage as required by law, and with such
PROPOSITIONS to be expressed substantially as follows:
PROPOSITION NO. I
FOR 3 -
} THE ISSUANCE OF $1,815,000 OF STRPL'T
AND DPJLU AGE BONDS .
AGAMNST t,
PROPOSITION NO. 2~
r
FOR )
THE ISSUA'ICE OF $775,000 OF LIBRARY
BONDS
'~SI' )
PROPOSITION NO. 3
FOR )
THE ISSUANCE OF $880,000 OF POLICE
FACILITIES BONDS ft
AGA'.L=T )
PROPOSITION NO. 4
3
FOR
THE ISSTk'%NCE. OF $530400 OF FIRE
FIGHTING FACII,:L'1'T'r.vs BONDS
AGAINST t
q
r s, it>-Is'hereby found and dete=.ned that the prob-
able period. of use-fulness of the proposed =provements covered
by each of the tforcsaid:PROPOS=ONS is 30 years.
9. Thaw Article 9; Sec. 9.02 of the C:ty Charter cons .t=". '
• the folloordmg-; provision and requires this election ordinance to,
dsti=ctly speci'y:
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" (6) a detera:.ziation of tie net debt of the City r.
after issuance of the bonds thereby authorized, toreth..r
with a decla=ation that the bonds thereby authorized
w2.1 be within 'all debt and other limitations prescrib-
ed the C=stitutioa and laws of the State of Texas.
and
The determination '_is' hereby made tl^.-,t the net debt of the City
after the issuance of the bonds herein proposed to be subsaitted
will be not more, than S i.{ ~~_!3!r? and it is hereby declared
that said genetval obl yatzoa bonds w;ll be within all debt and
othP 1imttations prescribed by the Constitution and laws of
the State of Texas.
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F iA
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AFFIDAVIT OF POSTING NOTICE
THE STATE OF TEXAS - F
t>a
MINTY OF DENTON
CITY OF DENTON -
BEFORE ME, a notary public in and for the above named
ca=ty, on this day personally appeared the Affiant whose name
is subbcrzbed below, who, having been duly sworn, says upon
,j
oath that on`' , 1978, a true and correct copy of the
_,SY
attached and following NOTICE OF ELECTION was duly posted in
the above named -City at each of the public places as follows:
(a) onemat the Municipal Building (City Hall):
(b) One• at ~ / "
one at (C)
4
Af f cant -n_
SUBSCRIBED AND SWORN TO BEFORE ME on mot, / , 1978. 7J-
Notary r -.o"ci
My commission expires 7?
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(NOTARY PQBLZC SEAL) `
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Y
AVISO DE ELECCIONES
ESTADO DE, TEXAS' _
CONDADO Dr DENTON' _
CIUDAD DE DENTON _
A LOS RESIDENTES. CON Or CEO A VOTAR, DE LA CIUDAD DE DENTON:
SE LES BALE SABER QUE unas elecciones tomaran Lugar
-73
en la Ciudid:de Denton tat como se estipula en la
ORDENANZA LLAMA~IDO A LAS ELECCION''ES, coal Ordenanza
sue debida=e to dada por el Cuerpo de Consejeros
Municipales de dicha Ciudad, y cual ORDENANZA dice -
sustanciaimeiite c:omo a continuacion sique:
.3
1
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,AS
EL ESTADO DE TEXASp
CrJgDADO DE D=I-q
CIIJDAD DE D7<3rI _
CMSMERANDO., qum se lugga necesario y convenien*_e e1 iIamar a 1as
elecciones'de aqui en adelarrte ordenadas; y
F.
CONSMERANDO, que oficialmente se encuentra y determine aqua que exists -
un caso de emergencia de"necesidad publica urgente el cual requiere que tenga
lugar una reunion en la coal esta Ordenanza sea-pasada, siendo tal emergencia de
necesidad pftlfca urgmte la necesidad de adquirir los fondos ha obtenerse con la
vetta de los boons propuestos, siii retrasos, y To mss pronto posible, Para el fin
r
de utilizarse para meforas p6blicas urgentes y necesarias; y Rue dicha reun16n
se hizo pnblica, bab a publicado la Nora, la fecha, el lugar, y el propbsito
de dicha retmibn, todo tal cc= esti estipuiado por Vernon's Ann. Civ. St.
Articul4 67M-17,
POR CODSIGUT_Z E, ORDEUA EL CLERPO DE CONSWEROS inu-.IICIPALES DE LA
C UtLAD DE D=1=1
1• Que se sostendrin unas elecciones el dia 2s FZBPZRD, 1978;
en dicta -Ciudad en Ias s guientes lugares de votac16n:
CUMAD DE DENTON CIVIC -CENTER `F
,DER.w, TEXAS
Dicha Ciudad se constituiri en un solo precinto de votacibn pars tales elections,
y los siguientes oficiales de eIecciones son aqui nombrados pars sostener tales
eleccioaes=
El Juez pe Preside. Lee Knox
EI- Juez-Alterno que Preside: Robot. -E _ -Mi.11er
2. -Qm el Juez que Preside nombrare no menos de dos oficinistas
dependientes calificados'pars servir y asistir en el conducto de dichas elections;'.
y si el Jue::que Preside'accualmente sirve cow expresado, entonces el Juez Alter-1111,
s
no debera-de ser uw de tales dependientes.
3_ Que al aprobar y firmar esta Urdenanza el Alcalde (Mkyor) de did a
Ciudad-oficialmente confirma el nombramiento de dichos oficiales de votac16n pare
servir en dichas elecelonei; y al pasar esta Ordenanza el Cuerpo de Concefales
de dicha Ciudad aprueba -y estA conforme con los nombramientos de dichos oficiales .
de votaciun.
s
4. Que todoz los electores residentes y calificados de
dicha Ciudad tendran el derecho a votar en dichas elecciones_
5_ Onese tiara noticia publica de dichos elecciones ex-
hibiendo tuna copia fidedigna de esta Ordenanza en las Oficiaas
MunIcipales de dicha Ciudad, y en otros dos lugares en dicha =
Ciudad, no menos de 15 dias de anterioridad de la fecha fijada '
parra sostener`dichas elecciones y tambien se publicara ur_a '
copia fidedigna de esta Ordenanza en el mismo dia de calla una ^
de dos semaaas sucesivas en un diar;o (periodico) de circula-
cion general en.dicha Ciudad, y tambien se publicara an el
Condado la fecha`de la p.imera publication Pero con no menos
de 14 dias de anterioridad a la fecha fijada para dichas
elecciones-
6. Que en:dichas elecciones las siguientes PROPUES:AS
sewn sometidas de acuerdo a la ley:
PROPBESTA NO. 1
_t
Si se'Ie-autoriza al Cuerpo de Consejeros Munici-
pales de la Ciudad de Denton el emitir los bonds de
dicha Ciudad,`'en una o =as series de emisioa, en el
monto°-principal agregado de $1,615,000, con los bons `a
de cads tal serie o envision, respectivamente, a ven-
cerse por"serie dentro de pero no execediendo cuarenta
anos`desde su-fecha de envision, y de ser vendidos a
tales precios y acarrear tales promedios de intereses,
de'.acuedo a la ley, como se determine a discretion Jel
Caerpo dexC.onseje-os Municipalas, con el proposito de
a=
const--air y-mejorar las calles de dicha Ciudad, los
mismo,que el sum.inistro de desague con respecto a las
m smas,z y,si se le autoriza a dicho Cuerpo de Consejeros
.%ftinicpales-el asignar y ocasionar e' fijar y colecci.onar,
de i puestos ad valorem aauales en una cantidad sufici-
ente para.._pagar-los intereses anuales sobre dichos bonos
y.el_-manxener~-una raja de amortization para pager dichos
bons al vencerse estos?
PROPBESTA %zm. Z
Si se le autoriza al Cuerpo de Consejeros Munici-
pales. de "la--'•Ciudad de Denton el emiti.r los bons de
dicha Ciudad,`-en una o mat series de envision, en el
monto principal;agrerado de 5775,000, con los bons
de cadA-tal`serie o emislon, respectivaments, a ven-
ce=se_por_:se=e dent-o de pero no execediendo cuarenta
anos-desde sm:fecba de envision, y de ser vendidos a
tales-precios,;y_acarrear tales promedios de intereses,
de acuedo a Ia`ley,'como se determine a discretion -del
CUerpo de."Consejeros-Municipales, con el proposito de
faci JAaiI z para biblioteca.s para dicha Ciudad ;y si se °
le autoriza a-dicho Cue.--po de Conse?eros Mianicipales
el`_asigaa y-ocasionar el fijar y coleccionar-de im- 'y
puestoz ad valorem anuales en una cantidad sufici-
ente para pagan los'intereses anuales sobre dichos bonds
y el_`mantener"'una.caja de amortizacicn pars pager dichos
bonos al vencerse estos?
PROPUESTA NO. 3
- IA
Si se le autoriza al Cuerpo de Consejeros Muni.ei-
pales de ?a ,Ciudad de Denton el e~~t~ir ios bonos de
dicha Ciudad;,-rra o mas series de envision, en el
morta principalagregado de $880,000, con los bons
de cada tal"serie o envision, respectivamente, a ven-
cerse Por serie dentro de Pero no execediendo cuarenta V
anos desda zu_fecha de envision, y do ser vendidos a
tales prealos'-y acarrear tales promed os de intereses,
de acuedo. a.,' a-, ley, como se determine a discrecion del
Cue.po de,,Ccnseieros Municipales, con el aroposito.de '
facilidades Para policia de dicha Ciudad,--y si se le
autoriza a dicho Cnerpo de Consejeres Munic.pales el
asignatr;y ocasionar el fijar y coleccionar de impuestos y
ad valorem anuales en =A cantidad suficiente para
pagan'los iatereses anuales sobre dichos bons y el
mantaner unacaja de amortization para pagan dichos
bons-al vencerse estos?
PROPUESTA NO. 4
Si se le,antoriza al Cuerpo de Consejeros Munici-
pal de- .la Ciudad de Denton el em:: tis los bons de
dlc s Ciudad:,en una o mas series de envision, en el
moato princ-~pal agregado de $530,000, con los bons
de calla tal`serte o envision, respectivamente, a ven-
cerse-por serie dentro de pero no execediendo cuarenta
anos•desde zu fecha de envision, y de ser vendidos a
tales`preczos"y acarrear tales promedios de intereses, f~
de acuedo a la.ley, como se determine a discrecion del
Cuerpo,de•Consejeros Municipales, con el proposito de
facilidades para bomberos de dicha Ciudad; y si se le
autoriza a dicho Cuerpo de Consejeros %Wixicipales el
asignar-y ocasionar el fi.jar y coleccionar de zmpuestos
ad valorem aauales en una cantidad suficiente para
pagan 'los tit meses anuales sobre dichos bonos y el
maatener una~caja de amortization para pagan dichos
bons al vencerse estos?
7_ Que los balotes oficiales Para dichos elecciones se
prepararan de`acue.--do con el Codigo de Elections de Texas para-
asz pe=:LtI= al elector el votar "A FAVOR" o "Et CONTRA" de las,
antesidichas PROPUESTAS, tales balotes a--ser sustancialmente r,
escritos conten endo tales provisions, marcas, a idioma Como
to reguiere la ley, y que tales PROPUES"AS seran subtancial-
mente expresadas comp sirue:
PROPCMSTA NO. I
A FAVOR, DE )
LA MUSION ,7E S1,815,000 DE BONOS
CALLES Y :)ESA=
EN CONTRA )
PROPUESTA N0. 2
4.
A FAVOR DE s
LA EMISION DE $775.000 DE SONOS
PARA BIBLIOTECAS
EN CONTRA
-3-
a
PROPUESTA NO_ 3
A FAVOR DE
LA =SION DE $880,,000 DE BONds
PARA FAC=I)ADES PARA POLIC2A
EN CONTRA
PROPUESTA NO. 4
A FAVOR DE )
LA =SION DE $530,000 DE BONOS
PAPA FA(~Tr__=_T ADES PARA BOMBEROS
EN CONTRA )
4
8.. One por:este medio se encuentra y se deter+++i-±a que
el tiempo probable'de utilidad de las mejoras propuestas
cubridas por cads antesdicsa PROPQESTAS es 30 anos.
9. Que Articulo 9, Sec. 9.02 de la Ca_.-ta Constitucional`
~r
Mnaicipal contiene la siguiente estipulacion v recuiere que
ester ordena za de eleccion distinctamente estipule_
(6):- , -.:d~at•erminacion de is deuda neta de la
Ciudad despues.de la emision de los bonos pr este
medio autoritados, junta=ente con una declaracion
que los bons por este medio autorizados estaran
dentro de todas las deudas y otras limitaciones
prescribidas`por la Constitucion v las leyes del
Estado de Texas."; y
La detemminacion esta par este medio hecha I
qae a deuda seta
de la Ciudad despues de la emision de los boats aqu dent=o
propuestos a ser sometidos sera no maz de $ D S, y esta
por este medio'declarado rue dichos bons de obligation general f
es..aran dentro de toda deuda y otras limitaciones prezcribidas '
por a Constitution y las leyes del Estado de Texas.
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- AsFFIDAVIV OF PUBLICATION
THE STATE OF TEXAS -
COUNTY OF DENTON - L
CITY OF DENTON -
s
BEFORE ME, 'a notary public in and for Denton County,
Texas, on this day personally appeared the person whose name
is subscribed below, who, having been duly sworn, says upon
oath that he or she is a duly authorized officer or employee 'w
of the "Denton Record-Chronicle", which is a newspaper of gen-
e=al circulation published in the City of Denton, Texas: and
that a true and correct copy of the NOTICE OF ELECTION, a
clipping of which is attached to this Affidavit, was publish-
ed in said newspaper on the following dates:
February Ti, 1978
February 9 , 1978
14 If
Au prized O icer o ee
SUBSCRIBED AND SWORN TO BEFORE ME on the 9 day of
February 1978.
v
Notary Public
my commission expires ^7
P -
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(NOTARY PUBLIC,-SEAL)
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AFFIDAVIT OF PUBLICATION
THE STATE OF TEXAS _
COUNTY OF DENTON _
CITY OF DENTON _
BEFORE ME, a notary public in and for Denton County,
Texas, on.this day personally appeared the person whose name
is subscribed below, who, having been duly sworn, says upon
oath that he or she is a duly authorized officer or employee
of the "Denton Record-Chronicle", which is a newspaper of gen-
eral circulation published in the City of Denton, Texas; and
that a true and correct copy of the NOTICE OF ELECTION, a
clipping of which is attached to this Affidavit, was publish-
ed in said newspaper on the following dates:
February 2, 1978
A74
February 9, 1978
Au oriz p oyes a
SUBSCRIBED AND SWORN TO BEFORE ME on the 9 day of
r~hr~sbrv i 1978.
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Notary Pub Ic
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My commission expires Z-2
{NOV Rx r'w.M_LIC SEAL)
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CERTIFICATE FOR
ORD11MKCE CANVASSING ELECTION RETURNS w:
THE STATE OF TE=
COUNTY" OF, -DEI=N
CITY OF DENTON _
We, the undersigned officers of said City, hereby certify
as follows:
r
1. City' .Council of said C*ty convened is k
~4 6Eh- MEETING ON THE 7,S:v DAY OF A' Relt, 19781 at the Municipal,'-Building (City Hall), and the roll was called
ofthe duly constituted officers and members of said City
Council.' to-w is y
Brooks Holt; City Secretary Elinor Hughes, Mayor X
B:Lll Nash . Dick . Stewart
Joe Mitchell Mary Claude Gay
and all of said persons were present, except the following =k`
absentees--'
thus const tuti S a quorum. :whereupon, among o er business,
the following was.,-transacted at said Meeting: a written
ORDINANCE-CANVASSING ELECTION RETURNS
was duly introduced for the consideration of said City Council
and read in'fuYl. It was then duly moved and seconded that
said Ordinance be_passed; and, after due discussion, said mo-
Lion, carrying with;it the passage of said Ordinance, prevail
ed and"cam-ed 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
gri.i!g' paragraph ,is: attached to and follows this Certificate;
t: at 'said= Ordinance has been duly recorded in said City Council'.s
nxiri res of said Meeting; that the above and foregoing paragraph
117
is a true.'fullf--and correct excerpt from said City Council's a
minutes of`said' Meetin5 pertaining to the passage of said Ordi-
nance- that the persons `named in the above and foregoing pars
graph are the. duly? chosen, qualified, and acting officers and ;
members af.said Citg Council as indicated therein; that each of
the officers ands°members of said City Council was duly and suffi-
ciently not fied`officially_and personally, in advance, of the
time, place`,--and purpose of the aforesaid Meeting, and that said
Ordinance wo%% d 'be•- introduced and considered for passage at said ,
Meeting,' and each. of°said - officers and members consented, in ad-
vane, to-the holding of said Meeting for such purpose; and that
said Meeting-was open to'the`public, and public notice of the
time, place' :and'.purpose of said meeting was given, all as re-
quired by' Ve==on! -s ann., Civ. St. Article 6252-17. ,
3. That the:Xayor of said City has approved, and hereby
approves,-,the aforesaid Ordinance; that the Mayor and the City
Secretary'of .said City have duly signed said Ordi.nanco; and i
that the. Mayor aad'the City Secretary of said City hereby de-
Clare L
that'-'their` signing of this Certificate shall constitute the signing,of`-the attached and following copy of said Ordinance
for all purposes. _
-SIGNED AND- SEALED the day of Alt ~ 1978.
Cxty, ecreta_-y. Mayor._ w'
(SEAL) - - - - - - - - - - - - - - - - - - - - - - -
We, the,uadersigned, being respectively the City Attorney-
and the Bond-Attorneys of the City of Denton.. Texas, hereby cer
tify that • we' pxepaxed and' approved as to lecA.lity the attached
and following: Ordinance prior to its sage as aforesaid.
City Attorney
P~
Bond 'A-ttorneys
y:
a
ORD QNCE NO. 78-L {
ORDnumcz C;%.%VA.SSIYG =CTION RETUMNS fr,
~s
TEE STATE OF COQNTY _ OF =.DEIITON -
CITY OF` DENTON _
WEMIMAS, the'Cty Council of said City ordered an election r
to be held,in saiC,City on FEBRUA .v 28, 1978, on the PROPOSI-
TIONS hereinafter stated; and
WHEPzAs said- City Council has investigated all utters
41
pe,-taiainc, to sa_d election, including the order :g, g:-vi :g
`
notice, ofdicers, holding, and ...acing retu--ss of said electiea;
and
WHERMS,'tre--election officers who held said election have
duly. made the. iet=ms of the result `,'-:ereof, and said returns w
have beet duly delivered to this City Council.
TH" COMICIL OF TEE, CITY OF DENTON SEREBY ORDAINS:
I. ; That 1-14 City Council officially finds and deter3 nes;
that- saidelectica=was duly, ordered, that proper notice of
said electioa was°dLly given, that proper election officers we=e
duly appointed prior to said election, twat said election was
duly held, that due returns of the result of said election have
been made 'anal`delivered, and that the City Council has duly can-
vassed said, rattirns.,- all in accordance with law and the Ordi-
nance calling said-.election.
1=2~ That the City Council afficiall_v finds and dete=i--zes
that the follow nq'-vrotes were cast at said election on each
submitted PROPOSTION, by the resident, qualified electors of -
said Citv who voted`-at the election: }
PROPOSI'T'ION NO. I
VOTES: FOR = ) a'
THE fSSUmLCE OF $1,8ls,000
OF STREt'I` .~.ND DRAIXAGZ BONDS
VOTES. AGA MST }
PROPOSITION NO. 2
~7 voTES : FOR.. )
TEM ISSUANCE OF $775,000 OF
LMRIRY BONDS
,7 7- (&7 VOTES: AGXINST
rA PROPOSITION NO. 3
Vas : FOR )
Y T= 'ISSuANCZ OF $8800000 OF
POLICE FACILITIES BONDS
c~ VOTES : AGAr%TST )
PROPOSITION NO. 3
von
T?.E ISSUa.` cz of S530"000 OF '
- F I?z' FIG=I:TG ?AC=L==- S; BONDS
VOTES : AGAINST )
3. That` the 'Clty Council officiary f.ds, detPr=i es, .
and decl axea th_e ,resiz ,t, of said election to be twat each
?ROPOSTTZbN'so.subatted has 'received a favorable majority vote
La all respects and. =has car=fed, and that the aforesa d bonds
maybe issued : accordance with law.
C-RTIFIC1.v FOV
ORDINANCE DIRECTING THE ISSUANCE OF `OTI= OF SALE OF SODS
TEM :STATE' OF ;-rMMS= _
COONTX -Orr" DEt.'TON
CITY OF DENTOL3
We., the ,u.~dersigned off; ers Of said City, hereby certi_y
as follows: -
1. The City 'Council of said City convened in
REGULAR MEETING ON THE 16TH DAY OF JANUARY, 1979,
at the Municipal Building (City Hall), and the roll was called` -
Of the'duly.constituted officers and members of said City
council, Go-wit:
Brooks Halt, City Secretary Joe Mitchell, Mavor x,
Bill Nash;. Dick Stewart
Elinor. Hughes Mary Claude Gay}
and all of said persons were present, except the following
absentees: node' ,
thus consti.tutZag ,a auorUm. :thereupon, among other business,
the Eolloi;;ing w'as -'transac.ed at said Neetinc: a written ks
ORDINANCE DZRECT.ING THE ISSWONCE OF NOTICE OF SALE OF BONDS
was duly introdueed for the consideration of said City Council }
and read in full. `:Zt was then duly moved and seconded that
said ordinance be passed; and, after due discussion, said mo-
tion, c i~ w the passage o= said ordinance, prevail-
arrY .g, zth;
ed and c3zzied by"-the ollowing vote:
AYES: All,'nfe~ rs of -said Cit.: Council
shown present above voted "Aye".
NOICS: None.
2 That=a true, fuel, and correct ,copy of the aforesaid
ordinance passed'at-:the Y.eeting described in the above and fore=
rS
golmg -paragraphs 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 fo-egoing paragraph
is-a' tee; 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 para-
graph-are the duly~'..-chosen, qualified, and acting officers and
meML -4-of maid City Council as indicated therein; that each of }
the officers a1`.d:-"&embers of said City Council was duly and suffi-
cientiy r1ot f ed off cra ls,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 said
Meeting, ard each o~ said officers and members consented, in ad-
vance, to'the holding of said meeting for such purpose; and that
said "ping: was open to the public, and public notice of the
t m_; place, and purpose of said meeting was given,, -all as re-
quired°by Vernon's-A n.-Civ St. Article 6252-17.
3. That the Mayor of said City has approved, and hereby
approves, the,'afoXesaid Ordinance; that the Mayor and the City
Secretary of said'City have duly signed said ordinance; and
that the Mayor'arid the City Secretary of said City hereby de-
clare'that their signing of this Certificate shall constitute
the Signing of the attached and following copy of said ordinance
four all purposas _
)G S4AL NED' AND the 16th day of J ry, 1979.
-S
....City Secretary or -
(SBAL) - - - _ - - - - - - _ - _ - - - - - -
We, the undersigned,_ being respectively the City attorney
,ancl- they Bond Attortiol-Ys of t:.e City of Denton, Texas, hereby cer-
tify that we, prepared and approved as to legality the attached
and following Ordinance prior to passage as aforesaid.
A City Attorney
BonZ Attorneys
9-
o1_mIVA.vcB xo. 7
ORDINANCEDIREC'_" INM T= ISSUANCE OF NCTICE OF SA=- Cr BONDS
TEE STATE: OF TEXAS, -
COUNTY. OF DENTMN
CITY OF DENTON
COUNCIL OF 'L'T"-. C;TY OF DENTION EE: EBY O9-D1INS :
1. That the`-City Secretary is directed to issue a Notice
of Sale of Bonds''in substantially t::e following fo=.
OFFICIAL NOTICZ OF SALE
-CITY OF DEN'TON, TEXAS
54,000,000 i
WATERWORKS aYD SE)y-=R SYSMAS IREVENGE BONDS, y*=
SERIES 1979
$4,500,000
GENERAL OBLTGATIO` BONDS,
SERIES 1979
The City' Council of the City of Denton, Denton Cou_tty,
Te.Xas, will receive sealed bids at the Municipal Build- 1
ing, 215 E. McKinney Street, in the City of Denton until:
7:00 p:zn_ , Tuesday, Marc.`. 61 1979 :
for thepurchase of:
S4`, 00 0 000 'Waterworks and Sewer Svsten F. zvenue Bonds, to
be; 11a _5,; 19 7 9, and to mature ser~al_- Ju y 15
each year 1M through 2 0 0 0 .
S4,500400 Gez:era! Obligation Bonds, to be dated :".nrcY•.
5, 1 aad to mature serialiv Marc . 15 each year 1981
}
through 2000
Sealed oids,:plainly ,marked "Bid for Bonds", should be
addressed' to:"Honorable Mayor and City Council, City of
Denton, Texas and must be submitted on tae "Official
Bid` 'Forst":' t6.-be made available by the City Council prior
to the `date of sale.
All sealed bids will be publicly opened and tabulated
before the Council.
Copies ow the."Oft!icial Statement", "Notice of Sale",
and "Offiei2tl ;Hid Forst" are being prepared and will be
trailed to _pXOSpective bidders on or about r ebrua_*v 20.
1979'1, =d- will be fix'nished to any presaect:-ve bidder
upon request;-by First Southwest Compary, 900 mercantile '
Bank :Sxi 2:dir_g. Dallas, Texas, 75201, Financial advisors
to the City.
- ~ acs
The 'City reserves the irh` to =eject a" y and all b'
azd- to waive any a.-(4- all e:3.
By order of the City Cou_^_c_1 of `.*-.e City of Denton, Texas.
BROOKS BOLT -
City Secreta=v
City of Denton, Texas-
F -
2. ':hat said wotice shat; be published once i. The Bond
Buyer,. New York,, 1\7e4.- York, xhich is a na:.iorai publication
regularly. and prima;r l_v carrying financial news and municipal f
bond sale rat cs: `a7GC sa d-Noc~ce also sha).1 be published c.^.ce
in the '"Deatori record-Chronicl which has been designated as
the of~xicial newsaeger Of the' City of Denton. Said pubiica-
tioas shall be made'- at leas,: -h4 -tv days prior to t-he day set
for receiving bids'-"
A
n
On:K33AL NGTKi-4F SALE,
MTY OF .DENNTON c' =
$4.0W.W
Ifflu rla ad Saar bum M*.
Sees 1979
The Oty Connotl of the City of Denton, Denton County, Texas. will receive
se"' bids at the.Mtmi*al Barlda& 215 E Damn ry Street. in the City of
Daatma maul: 7~00 7-m+ Tuesday.
MARM 6, i979
for for posehom 'eE`
UOOP.MWaterwoft and Sewer System Revenue Bonds, to
be,btsdXaeeh 15:1979, and-to mature serially July 15 each year
•I881'$taaldF3D00:= -
iR500A00:Gimral Obilapation-Bonds, to be dated March I5.
1979, and w ammu A riaft 119mch 25 each year 1961 through 2000.
-Sealed bid%-pWai marked 'Bid for Bands", should be addressed to
-E;m ruble M&lar z:!dQt r Coumetl. City of Denton. Tccas". sad most be sub-
mitmtoo the'OLSti Bld Form to be made available by the City Council prior
W the do* of sale: .
Till armed bids wM be publicly opened and tabulated before the Council.
Copies of ttw- al StatemenC, "tiotim of Sale", and "~cial Bid
Foy' ate beingpeepared:and wM be milled to prospective bidders on or about =v
Febmm! r20.1g7q ,aAd wM'be fmrnisbed to any prespective bidder upon request, a-
by-2 cast-Southwrat Compimy, 900 N%rc mtile Bank Building Dallas. Texas. E "
P=., F$maocisl ,Ad %cm-to -the City.
MaCity tesermtbe;right to rid o any and all bide. and to waive any and
all iera - 1" . I
By order of the City Council of tae Ozty of Denton. Texas.
Clq• sbMuffy "
s CW of Damtoei. Texas.
CHy and Coanfy of New York, ss..--
ArEK-QAI , . DoxcxExxo; being duly sworn. says.
that she is the Advertising Clerk of THE Bem Buy=
a daily and weekly newspaper printed and published at
One State Street Plaza, in the City of New York
County of New York. State of New York; and the `
coff notice, of which the annexed is a printed copy. was
regularly published in said THE DAMY BOND Bum on
d
F EB 1 1979
.
Adreg CLrk
SubstA-ibed =dd sworn to before me W&
day of -------r~ 19t~
A X T. PEIMNE
Dietary Pubtk- State of new York
Na 24 -833 Gn
Qeditsed is Nix" Coenty
Cea> ooa e. Vireo 3lareh 30, 1380
t -
L THE vIaTTER of .
Ci'Y of '3era^ 0.0rs unit ;
t.
THE STATE OF TEXAS Roy Appleton, Jr.
County of Donton
ing duly sworn, says he is the General Manager of the Denton Record-Chronicle. a newspaper
f ;eneral circulation which has b" continuously and regularly published for a period of not "
than one vear in the County of Denton. Texas. preceding the date of the attached notice, and {
at the said notice was-published in said paper on the following dates:
:o,zce of sale of Waterworks an w
!-erat GGri¢a tjon r c ° -
..t
'anuarr
jj(
and sworn-to before -awe this 31 day of z r. u a r y .19 'O -
fitness myhaad and tsffieialseal= i otary public, Denton County, Texas
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4* Domem. T4,04
CERTIFICATE FOR
ORDINMCE-ADTSOT=ING THE ISSUANCE OF 'GENERAL OBLIGATION BONDS
THE' STATE OF TE=S . _ ;
COUNTY OF DENTON
CT'Z' - CF' DENTON - . -
We,'the undersigned officers of said City, hereby certify
as follows: -Ij
l'- The City--Council of said City convened in'
REGULAR=_MEETING"ON'THE 6TH DAY OF MARCH, 1979.
at the Munic,106X Building (City Hall),, and the roll was called
of the,,duly constituted officers and members of said City
Brooks Halt,-City Secretary Joe Mitchell, Mayor
$iIl'I1ash Mary Claude Gay, Mayor Pro Tem}
Elinor Hughes Dick Stewart r
and al'1 of said, were present, except the following
absentees,
thus constituting 4,- quorum. -Whereupon, among other business, ~A
the;follrowing waa_transacted_at said Meeting: a written.
ORDnWNCE -AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS
was duly introduced for the' consideration of said City Council
and read is full'. It was-then duly moved and seconded-that
said Ordinancei~:be',passed; and, after due discussion, said mo-
tion, carrying,wil -it-the passage of said ordinance, prevail-
ed and carried by_ the' following vote:
AYES All-members of said City Council
-present-above voted "Aye". "
NOES:: 1QOne_
2_ " That a true, full, and correct copy of the aforesaid
Ordinances.passed=az'the Tweeting described in the above and fore
going paragrapw is -attached;to and follows this Certificate;
that said'.Ordxn~mce has been duly recorded is said 'City -Council's ;
'r.inutes-of sai&.:Meetirig, -
, that. the above and foregoing paragraph' .
XS a true; :-fug,:-;a,nd correct excerpt from said City Council's ,
minutes of saza"Meetinq "per~taiining to the passage of said Ordi-
nanc a ' that the` persons- named is the above and foregoing:_para-
-graph ;are= the clay= chosen, qualified, and acting officers: and
members-.of said City.Counc l as indicated therein; that each of
the" o#fcers ands members- af' said City Council was duly and suff
c flatly notifie&:ofiicially and personally, in advance, of the
time;-~place. anc,Npuxpose'-of', the aforesaid Meeting, and that said,
Ordinance-would,'be'introduced and considered for passage at said`' "
Meec~ng, azsd'eat,Zu71,f-.said officers and members consented, izl ad-,
vane-.` to= the holding' Of, said Meeting for such purpose; and that
said'Meeting was-,',open to the-''public, and public notice of the
time,;place.-and-purpose of `.said meeting was given, all as re-
quired by Ve=_=n_ `s. Ann. Civ. St_ Article 6252-17. ,
3_ That themayor of-said City has ,naroved, and hereby r
approveets the-aforesaid Ordinance; that the Maycr and the City
Secretary of said-Clty, have: duly- signed said ordinance; and
that', the: Mayor -:and= the- City Secretary of, said City hereby` de-
clare.-:that= their-=signing o£ ` this Certificate shall constitute
the signing of the attached-and following copy of said ordinance-",
for all-- purposes- -
D A= SSAr.E the 6th day r.- Marc 79.
L City_ Mayor
(SEAL) - - - _ -
W4-dr the undarsigneci' being respectively the City Attorney
rad'_txte:'Bond Attorneys of the City of Denton, Texas, hereby .cer-
ti.fy 'that 'we prepared and approved as to legality the attached
and following Ordfzianee prior is passage aforesaid:
City Attorney
B ttorneys
-l_
ORDINANCE NO. 79-1~
ORDINANCE AUTBOIG:ZING THE ISSUANCE OF GENERAL OBLIGATION. BONDS-
THE STATE OF =1S
COUNTY OF DENTON
4".
CITY-OF DENTON'
WHEREAS.. the bonds hereinafter authorized were lawfully
and-favorably,-voted at elections duly held in said City on
DECEMBER 18, 1973, and FEBRUARY 28, 1978 and
WHEREAS, out, of the bonds voted at the election held on DECEMBER 18, I9T3, for such purpose, the following previously
have been issued-and delivered:
$3.500,000 out of avoted tor-al of $6,000,000 for the
purpose of.constructing and improving streets
in.said-
City., and providing drainage and
flood control facilities in connection there-
with,, represented by the Bonds of Series°
1974, pares of the Bonds of Series 1976, and
part of the Bonds of series 197.7; and
WHER1CAS, none of the'bonas voted at the election held on
FffiRIIARY 28,,1978.--has been authorized, issued, or delivered;
and
WHEREAS, -it is-necessary and advisable to authorize, i.ssue,'
and deliver another installment or series of said bonds and w
a
WHEREAS, the bonds hereinafter authorized and designated
were voted and.are";to be-issued and delivered pursuant to
vernon'i Articles 823 and 1175.
THE CCE-bN= OF 'THE •CITY OF DENTON HEREBY ORDAINS :
s
Section.I. That. the 'said City's bonds are hereby author.
ized to be issued_Jn the--aggregate principal amount of
$4,504::000, FOR.A=4-P*;RPOSE OF PROVIDING: S500,000 FOR CON-
STRQCTINGAND IlY 7d)VING :STREETS IN SAID CITY, AND PROVIDING
DRAINAGE AND YLOOD`CONTROL--:FACILITIES IN CONNECTION THEREWITH;
$1;815;000 FOR;TM-ACQBZSITION OF PROPERTY AND MAKI`tG IMPROVE-
MEMTS _rm PLTBL`IC InMOSE.S. TO-WIT : COUSTRUCTING AND IMPROVING
tY_
ST MN'SAID CITY: AND PROVIDING DRAINAGE' :4CILITIES IN CON-
NECI'ION':'LEMMW=f7: -$`775:.00'0; FOR THE ACQUISITION OF PROPERTY AND-" c;
MAAING"~M41PROQFMZITS';.:FOR PUBLIC PURPOSES, TO-WIT: PROVIDING
ADDITIONAL,:C21'Y-PUBLIC LIBRARY FACILITIES; $880,000 FOR ''_'~s
ACQUISITION O~PROPEP.TY =AND 'MAKING IMPROVEMENTS FOR PUBLIC
PURPOSES:"-TO-WIT:: ,PROVIDING ADDITIONAL CITX POLICE FACILITIES
AND- .5530"0,000 FOFrTBE. ACQUISITION OF PROPERTY AND MAILING IM
PRaVEMtiW- FOR PUBLIC PURPOSES. TO-WIT: PROVIDING ADDITIONAL
CITY FIM FIGHTING'FACILITIES.
Section, 2y 'That said bonds shall be designated as the:
"CITY"0F D=MN'GENERAL OBLIGATION BONDS, SERIES 1979
Section 3_." ,That said- bonds shall be dated MARCH 15, 1979, -
shall be" in the_denomnationof $5,000 each, shall be numbered; ;
consecutively from--one upward, and shall mature serially on the''
matur1.1t7j- dataeach of the years, and in the amounts. xe-
s y~i:aly as set -forthin the following schedule:
s_ .
MATURITY DATE: MARCH 15
YEARS AMOUNTS YEARS AMOUNTS
1981 $225.000 1991 $225,000
1982= 225,.000 1992 225,000
1":; 2250,000 1993 225.3C0
1984 225.000 1994 225,000 y
1985' 225;,000 1995 225,000
`_1986 225,000 1996 225,000
1987 '225,000 1997 225,000
1988 225.000 _ 1998 225,000
1989 225,OOo 1999 225,000
1990 225,000 2000 225, 000
Section 4. That the bonds scheduled to mature during the
years respecti-vely,-set fort's below shall bear interest at the
following rates per annum
maturities 19811 7.008 maturities 1991. 5.20% -
maturlties.1982, 7.00$ maturities 1992, 5.208
maturit es.Z9.93, 7.008 maturities 1993, 5.258
maturities 1984, 6.,258 maturities 1994, 5.308
maturities 1985, 5.20% maturities 1995, 5.4.;8
maturities'198 5.158 maturities 1996, 5.458 '=a
maturities 1987, 5.15$_ maturities 1997, 5.508-
maturit.i-es_ 19480, S_I5% maturities 1998, 5.
maturi.tses 1989, 5.208 maturities 1999, 5.50%
maturities 1990, 5_208' maturities 2000, 5.508
Safd'iAterest shall be evidenced by interest coupons which shall
appertain to said bonds`, and which shall be payable in the manner
Provided mad on-the dates stated in the FORM OF BOND set forth
is this.Ordinaace_ t
section 5. Tht-t said bonds and interest coupons shall be f
issued-;,sha?1 be payable.. MAY be redeemed prior to their schedul_ Y
ed Muir ties; shall have the characteristics, and shall be sign-=r'>
ed and: executed Jand'said bonds shall be sealed), all as provided,:
and ="the manner indicated. in the FORM OF BOND set forth in this:
Ordinance.
Section- 6. That-.t2ie- form of said bonds, including the form
of Registration'Ceitificate of the Comptroller of Public Accounts
of' the.State-of'.Texas'to,be printed and endorsed on each of said
bonds, and the fo->df the aforesaid interest coupons which shall f
appertain; and be' `attached _'Initially to each of said bonds, shall
be, respect vely,'substedtially as follows:
I FORM OF BOND-
f NO
$5,000
UNITED STATz~ OF AMERICA
STATE OF TEXAS
COUX= OF DENTON
CITY OF,DENTON
GIIZERAL OBLIGATION BOND
SERIES 1979
ON MAR^8 lS,. , THE CITY OF DENTON, Denton County. -Texas,
hereby promises tx1-pay to bearer hereof the principal amount of
FIVE T80USAND DOLLARS
~
and to =pay ?ntemewt thereon. " from date hereo at the rate Of
per a==, -evidenced_by interest coupons payable MARCH 15, 1980,
and Semi= ually' thereafter while this bond is outstanding.
T2mp AL.-of this bond and the interest coupons aPPer-
ta ning.heret.o shall be payable to bearer, in lawful money---of the N`
united'States of`America, without exchange or collection charges
to the beare , -Up0n presentation and surrender of this bond or f
proper interest coupon, at the following, which shall constitute '
and be def' ed as - the- "Paying Agent" for this Series of Bonds :
CITIBANK'0. '!FW YORK, NEW YORK, r-
oR AT`=TEE OPTION OF THE BEARER, AT
,FIRST NATXONAL -BANK. IN DALLAS # DALLAS, TEXAS -
Tju BOND is one'of a Series dated as of MARCH 15, 1979,
authorized', issued.- and delivered in the principal amount of
S4-500- 000 FOR l1 .'PURPOSE` OF PROVIDING : 5500, 000" FOR CON-
STRUCTING AND 114PRDVING STREETS 1.1 SAID CITY, AND PROVIDING
DRAINAGE AND--F'*.,OOD `CONTROL FACILITIES IN CONNECTIOti THEREWITH,
$1,$15, 000 FOR ',TIM ACQUISITION OF PROPERTY AND MAKING IMPROVE
M,ENTS FOR PUBLIC PURPOSES, ,TO-WIT: CONSTRUCTING AND IMPROV.IXG
STREETS-IN SAID CITY AND PROVIDING DRAINAGE FACILITIES IN COU- ,
NECTION TEERSWITH: `$77$;000`FOR THE ACQUISITION OF PROPERTY AND
MAKING zt~'1~ '~0 `PtJR `PUBLIC pup2 SES , TO-WIT: PROVIDING
ADDITIONAL CI'Z'Y PUBLIC LIBRARY FACILITIES; $880,000 FOR THE
ACQUISITION OF PROPERTY-AND MAKING IMPROVEMENTS FOR PUBLIC
per. TO-WIT PROVIDING ADDITIONAL CITY POLICE FACILITIES:
AND $53c,000 FOR ACQUISITION OF PROPERTY AND MAKING ni- ~
PROVEM N'1,3_ FOR':PUBLIC PURPOSES, TO-WIT: PROVIDING ADDITIONAL
CITY FIBS FIGHTING FACILITIES- y
ON MARCH 15, 1532,
or on any- interest; payment `date thereafter, any outstanding bonds=`
of this Series' may, be redeemed prior to their scheduled mature
ties-; _ at R the options of said city , in whole , or in part, for the- R
principal' =ourit.`theraof and accrued interest thereon to the date- £R,
fi>e'for redemptior:_ At least thirty days prior to the date
fixed.-for, any sach,.redemption said City shall cause a written r~
notice _ of suth..xidemption to be published at least once is a fi
nancialpubLcati:on".:published in the City of New York. New York. -
By the -date 'fixed' for any such redemption due provision shall be
made; 'with the "Paying Agent-" for the payment of the principal
amount_of-=the banAw:which -are to be so redeemed and accrued in h_
terest,°°t'texeon" toy the data fixed for redemption. If such writ-
of ;xedemption is published and if due provision for T
ten' noti-cq provided above, the bonds which are
is made, all
as such plat -
to be .ao ;redeemed; :thereby automatically shall be redeemed prior.
totheir scheduled maturities, and they shall not bear interest y,
after, the date" fixed. for redemption, and they shall not be re-
gard as ed`bci groutstanding except for the right of the bearer to
the
receive the. redemption":price from the "Paying Agent" out of
fua~sl-'provided for such payment.
IT -w. mmam °:certified, recited, and covenanted that this
bond bas° beenduly and vaUdly voted, authorized, issued
livered; that''all: acts. conditions, and things required -
to be per'fo3=ed:.._exist and be done precedent to or in the
attthor zatioa.r - nuance, and delivery of this bond have been pe?~-~
in accordance with law; that this` X
fem., e~risto aad'`been-'done
obligation -of said City, issued on the: 'full
bond =is,"a general
faith an cre3zt"--thereof. and. that annual ad valorem taxes s.iff` =
cient "to- provide for- the `payment of the interest on and prince pal
t
-3-
Of- thisbond,"as"such interest comes due and such principal ma-
tax
tures, have been,'levied and ordered to be levied against -all
able:. property--An said City, and have been pledged irrevocably for:;
su~Mmeat, within the l 1rit prescribed by law.
SAI. WITNESS'YWBEREOr^, . this. bond and the interest coupons apper--
tanning-''Kereto,'_have. been `signed with the facsimile signature of -
the Mayor'cf sa+d City and countersigned with the facsimile signs--
ture' of : the Cit-Z'Se~zretary =of said City, and the official seal of-..
said City has'been•duly impressed, or placed in facsimile;, on
bond. .
a
- `
Mayor
City- -Secretary
FORM OF REGISTRATION CERTIFICATE:
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
I hereby certify that this bond has been examined, certi-
fied as-to validity_'' and` approved by the Attorney General' of
the State-of 'Texas, and that this bond has been registered by
the 'Ccmptrol1v= of Public Accounts of the State of Texas.
Witness my sign. *mre and seal this Y
:oncsoooac
omptro er of PM xc Accounts o 5
the State of Texas.
FORM OF:XHTEREST coupON:
ON 15. ,
-'.THE CITY OF DENTON, in Denton County, State of Texas,
promises to pay'to'bearer the amount shown on this interest
cOupon, in lawful-money Of-the United States of America, with-
out ° exc a ge_-or col,lett:i.on charges to the bearer, unless, due
provis3.on has61een_-made for the redemption prior to scheduled
maturity°of'the==bond to which this interest coupon appertains,.
Upon preseatati0& And surrender of this interest coupon:, at r
CtTI HIC`, N:A.., -`NEW YORK, NEW YORK,
OR; "AT OPTION OF THE BEARER, AT
FIRST ' AIATYOiiI : _BANK iN DALLAS , DALLAS, TEXAS,
said amount being:-interest coming due that. day on the bond,
bea= ng;-the znmbi=-hereinafter designated, of that issu*. of
CITY-,'OF DENTM-`GENERAL OBLIGATION BONDS, SERIES 1979, DATED
MARCH -15 , ' I979 y
Bond No
c-i-ty SecretaryMayor
Sertioa 7_ That a special "Interest and sinking Fund" is
hereby, created solely for the benefit of said bonds, and said
interest: and `S1Mk1 iq.- Fund :`shall be established and maintained
by aid. "fifty at- `aa `official depository bank of said City: ` Said : -
Interest__and?'S iii Fund.'yshall be, kept separate and apart fro' 'V ,
ali;,other funds 'aaid ,accounts of said city, and shall be used only
for--paying the interest On and principal of said bonds. All ad.
vaTarem.taxes:,levted and'collerted for and on account of, said .
bands shall be'deposited, as collected, to the credit Of :_,said
' k-
Interest and
Sinking Fund. During each year while any of said
bonds or interest'coupons_appertaining thereto are outstanding
and unpaid, the governing body of said City shall compute and =
ascertain a rate and amount of ad valorem tax which, will be
dent to raise and produce the money required to pay th interest
on said bonds as.such interest comes due, and to provide and ~
maintain a_sinkxng"f+=d adequate to pay :.the principal of such
bonds-as.such'p~-Iidipal matures (but never less than 2% of the y
original principal`'amount of said bonds as a sinking fund each
year): and said--tax-shall be based on the latest approved tax
rolls of said city ,with full allowance being made for tax de-
linquenc es and-the cost of tax collection. Said rate and amount
of ad-valorem--t
ax=is hereby levied, and is hereby ordered to be
1evied,'.against all,taxab~e proper' in said City for each year
while -any' of -said bonds' or interest coupons app"-rt ; ping' thereto,-
are outstanding a=d;unpaid;'and said tax shall be assessed and.
collected each.such-`year,aud deposi~-sd to the credit of the afore-
said Interest and;-Sinking Fund. Said ad valorem, taxes
snfficieat:_ ;
to provide for.the;payment of the interest on and principal of
said bonds, az~;suc2i interest `comes due and such principal- mature _
are hereby pledged irrevocabl for such
prescribed by Iaw.: y per; 's_t , within it" a i wit.. .
Section 8.;: That the Mayor of said City is hereby authorized .
to`have-control of-;said bonds and all necessary records and pro-
ceedings pe-rtainiia,.-to said bonds pending their delivery and
their investigation, exzminatiou, and approval by the Attorney
General-of the State of Texar„--and their registration by the
Comptroller of Pubuc Accounts of the State of Texas. Upon
registration of,said bonds; said Comptroller of Public Accennts
(or a"'deputy designated in.wri.ting to act for said Comptroller)
shall manrjally sign'- the Canzpotroller's Registration Certificate
printed.and endorsed.•on eachof said bonds, and the seal of said
Comptroller shall be impressed, or placed in facsimile, on each ~r
of said`: bonds
_f
Section 9~ That the City covenants to and with _he;pur-
chaser of the bonds-that it will make no use of the proceeds
of the bonds at,'aay-time throughout the term of this issue of
bonds which, if_ L such Use, had been reasonably expected on the
date of delivery of; the bonds to and payment for the bonds by
the-Lpurehaserw.., wonl.. ,have caused the bonds to be arbitrage bonds
within'-the mean nq,_ of Section 103(c) of the Internal Revenue Code,-
of 1954,x.-as ameniaed,~ or any regulations or rulings pertaining
thereto;,.-and by',,thi3-covenant the City is obligated to comply
with the- requirements. of the aforesaid Section 103(c) and all
applicable'-and'pei:,tinent'Department of the Treasury regulations
relati:ig'to'arriitrage~bonds_ The City further covenants that the
proceeds 'of:the bonds will not otherwise-be used directly or in-
directly so as'ta`cause all or any part of the bonds to be or be=•
come arbitrage bonds within the meaning of the aforesaid Section
103(c),-or .any regulations.or rulings pertaining thereto.
' Seddon 10,_ fihat the -City Council officially finds, de-
term3nes,~a.-%d declares that said bonds have been duly advertis-
ed for ,sale as:requireo'hy_the Home Mule Charter of said City;
that sealed bids:_have been received at a public sale of said
bonds heldl on March',C 1979; that all of said bonds are hereby
sold-and,'.-shall ' be 'delivered to a syndicate managed or headed
by :'irst'City National Bank of Houston, Houston, Texas, being
the-,best bidder At said public sale, for the principal amount
of , said bonds, and =acc ued interest thereon to the date of de-
livery, plus a:;premum of:S 0
;section 22_ it is farther found and detP_rmined that a
notlc6--of wale for said bonds as required by the Home Rule
Charter-of said City was c?-aly published on February 1, 1979,
in'The Bond Buyer, New York, New York, which is a national
pub2.ication regularly and primarily carrying fi.-lancial news and
Younicipal bond':sale notices, and on January 31, 1979, in the
Denton Record-Chriaicle, which has been designated as the offi-
cia2°newspaper of the City of Denton. The form and substar_e ;
of said Official Notice of Sale, and the aforesaid publications r,
thereof, are.hereby approved and ratified in all respects by the, 6e
City Council.
Section 12_ That it is hereby officially found, determin-
ed, and declared•that said bonds have been sold at public sale' ter,
to the bidder offering the lowest interest cost, af`er receiv-
ing sealed`bids.pursuant town official Notice of Sale and
Official Statement da*_ed Februar, L, 1979, prepared and dis-
tributed-in-connection with the sale of said bonds. Said Offi-
cial Notice cl-Sale and Official Statement have been and are
hereby approved-by the City Council. it is further officially $y
found, dete=:L ned,`and declared that the statements and repre-
sentations contained in said Official Notice of Sale and offi-
cial Statement are t-*-ue and correct in all material respects,
to the best knowledge and belief of the City Council.
w
.L~
Sy
• S
.'STS
444
yr,
R 3w
*EFtAL CERTIFICATE
THE STATE OF TEXAS:
COBNTY OF DFZSTON
Crry OF DENTON hereby cer-
We, the undersigned oricers of said City.
tify as follows
certificate is executed for and of
1_ :--That--`this the issuance of he DA-TED PrOPO"
of said Cft :I.Ath reference to SERIFS 1979,
gp;F. OBLIGATION
amBONDS#
ount of $4,500,000-
CITY OF DENTS rincipal
yggCg 15. 1979. in the P
duly incorporated Home Rule City,
2.That said City is a ts, operating and existing
SOOa it1habitan s 0 the State of Texas and t',e
having MOre;th~ and laws which Charter has
under the Constitution er of said City- of the ordinance
duly adopted, Home: Rule Chi P,,,ssac; issued, and
been changed or a dd since the r`~ently dated.
author %-;the issuance of the most _
this certificateY r `hown on
>Certificat s edlto
not ouittA is attach filed
any na ;:ure har ever been (a) the
con,
.gati on Oft
3_ That no li or
bonds described
~,~±-ai nz ng to,fecting • queS~ ,nzng -
elect ` authorized s ydcaC3. - te (b)room issuance, execution,
which ;a_ the 5ed bonds,
is ?ar 3 .of this _ c~ or validity of srxn propo said
t, -'--nrlty• body and the officers Of
delivery, PaYMen of the governing the crxrent
(c) the authority and deliver =aid bonds, (d)
to issue. 'execute, t curre_zt boundaries of said City
City of said City, (e) he or the Tax .-Rolls of the corpprate existenctehe DistXi.ctaC urt of
or {f) the- v~for Cause No. 78-1462A City of Denton*
said City, , aP entitled Don Edwardourt at Law of Denton
ty, xathe County vs_ The City of
Denton Co='6
and Caere No- .9258 is F +~e Original
Tg O. Blasdell , et pal,
Texas , ent~.tled c. ies o-
CouatY► True and correct CI
Ding Causes r„e attached to this 1
eAtoa., Te°. e~ tbz roreg
Petition-in each of final Petitions has been
and nei x'aer of said ori:g hereof _ Also at-
Certificate.
or amended . trace the original fdlcoorrect copy Of
Change3 is a f a gdwars the
the Court in th Plaind
Cached to -this CertzflCzLte true an
judgment entered in favor of the City by from by the
judgment has been appeaj ayment on the merits
case. s:tpra, -pp 1 is now Pending, ra, and _
tiff, and such aPP in the Blasdell case, sup
has been rendered by the court on its merits.
has not been tried or heard
such case
matters relating to ordering, giving at
on held on February 28. 1978.
4_ That in a1l
horized, the City E
the electi sed bonds were au}.
.%d holding' of 1975 and the
rice, &r
which $4.000:030 of the P P°_ Rights Act- partXCU- Of
lte'Federal Voting Egon Co de: inc plertain
complied'"with t ing to bi
abl!' Parts of the Texas Elect- Code P
appl e on.l_Oga' of the Texas Elect-
larxY Section-1-08a
_
Lingual require vExhibit
this certificate and marked of the
5. That attached schedule and statement
fla and COQect ly outstanding
A. is a t.,rne.. and of all present
aforesrid p~~~ bonds .
tax indebtedness of said city-
rem, Tax Rolls of
tax valc,
currently e£feC`V 8, being the Est recent
_b-... That the ear 1_, has caused
are; those for the y t;iat said City required b}
said Gxt_y Rolls of said City, assessed as
ly approvedTax said City to be City has equalized
the taxztb2g P~cf Ectual=nation of rc dY in said City for?
law; that the valuation og taxable p Pe
and `approved the
;y
said year; that the Tax Assessor of said City has duly verified
the aforesaid Tax Rolls, and said Board of Equalization has
finally approved the s-=e; and that the assessed value of tax- ;t.
able property in said City upon which the annual ad valoram tax
of `-said, C ty actually has been or will be levied (after deduct-
ing the amount of a.Ll exemptions, if any, under Sectio.: 2.-b(b). and Se:-tion 2(b), of Article 8 of the Texas Constitution, and
Article 7150h, v_A-T-.C.S.), according to the aforesaid Tax RoU-s ma y.
for said year,-as delivered to the City Secretary of said City,
and finally approved and recorded by the City Council of said
City, is $288,402,702.
I~ooo
SI AND STFUALLED the 6th day of 1979. - j-
4CIA09 City Secretary yor 4a
(SEAL}
Y.
y
+F
f
iY
Y.
of
"FD H T A"
General Obligation Bonds. Series 1979, dated 3/15/79, bearing Y
interest, and maturing as set forth in the Ordinance authoriz-
ing said Bonds_
General Obligation Bonds, Series 1960, dated 7/15/60, now out
standing in'the principal amount of $175,000, bearing interest,
and maturing in the amcu*+ts on July 15 of the years, as follows;
3_853: 2SK-79/85.
Street Improvement Bonds, Series 1962, dated 3/15/62, now out-
standing in the principal amount of $180,000, bearing interest, s
and maturing in the amounts on March 15 of the yea=s, as follows:
3-1/88: 20X-79/83; l
3.203: 201+-84/x7. -
General Obligation Bonds, Series 1963, dated 3/15/63, now out-
standing in the principal amount of $200,000, bearing interest,
and maturing in the amounts on March 15 of the years, as followsa_
33: 20M-79/80;
3_203: 20X-81/86;
3-1/43: 20M-87/88.
General Obligation Bonds, Series 1964, dated 7/15/64, now out-
standing in the=principal amount of $225,000, bearing interest, _
and mat=: ng-in the amounts on July 15 of the years, as follows:
3.153 60M-79; 55M-80;
3.203: SSM-81/82.
Park Improvement Bonds, Series 1964, dated 7/15/64, now outstand-
ing in the principal-amount of $60,000, bearing interest, and
maturing in the amounts on July 15 of the years, as follows:
3.153: 15,14-79/80; 3_2011: 25X-81/82.
General Obligation Bonds, Series 1966, dated 1/15/66, now out- R
standing in the principal amount of $420,000, bearing interest,
and ma±uring inthe amounts on January 15 of the years, as
follows -
3-3/88: 60X-80/82;
3-1/2$: 60M-33/86.
Airport Improvement Warrants, Series 1966, dated 12/1/66, now
outstanding in the:principal amount of $29,000. bearing inter- "
est, and maturing. in the amounts on December J_ of the years,
as follows:
4-7/23: 12M-79; 12M-80; 6M-81.
e~
General Obligation Bonds, Series 1967, da':ed 11/15/67, now out-
standing in the principal amount of 7330,000, bearing interest.
and maturing in the amounts on May l~ of the years, as follows: `
4-1/43: 30M-79/89.
r
General Obligation:Bonds, Series 1968, dated 2/1/68, now out-
standing in the principal amount of $475,000, bearing interest,
and maturing in the amounts on February 1 of the years, as -
follows: `'i.=i
4.108: 50M--80;
4-20%: 50M-8J,/ 82;
4-1/48: SOM--33;
4.308: SOM-84/87; 75M-88.
General obligation Bonds, Series 1969, dated 4/13/69, now out-
standing in the principal amount of $745,000, bearing interest,
and matto-1ng in the amounts on April 15 of the years, as follows:
y
4. CA : 60M:--79;
4.90$: µwM-80; 65M-81;
54_ `70N-82/84;
5_108: 70-85/87; f'
5-20%: 7OM-88/89.
General'Obligation-Bonds, Series 1970k dated 9/15%70, now out
standing in ':.he•priincipal amount of $650,000, bearing interest,
and maturing in the amounts on March 15 of the years, as follows. -
5-114ar SOM-79/81;
5-1/2%: SOM-82/83;
5.65%: 5OM-84 ;
5.808: SOM-85;
5_908: SM-o6;
58: 54M-87;
6_101-_ SOM-88 ; a
6.208: 5014-89/90;
5%z SON-91.
General Obligation Street Improvement Bonds, Series 1974, dated
7/15/74, novr outstanding in the principal amount of $1,575,000, bearing interest, and maturing in the amounts on July 15 of the
years, as follows:
7-1/48: 75r.---79,-
5-1/4%: LOOM-80/82;
5.308z 1OON-83;
5.41A: LOOM-84/85; 3.
5-1/2% z 10OM-86; °rr
5.608: 100M-87/88;
5.708: LOOM-89/90:
5_808: i00M-91,_
5_908: 10OH--92;
68: 10014-93/94.
- y
General Obligazion,FA-fundiag Bonds, Series 1974; dated 7/15/741
now outstanding in the principal amount of $810,000, bear=g
interest, and maturing in the rmounts on July 15 of the years,'
as follows: ;
S-3/48 5514 79;
S-1/48: 5514-80; 50M-81/82;;
5_ 30'z 50M-83.-
`5 _ , SOM-84/85;
8- 28: SON-86;
5.608: SONw87/88;
7.708- SOM-89/90;
5_808: SQM-91,-
5.90%: SON-92;-
68: SOM-93/94_
e
General Obligation Bonds, Series 1976, dated 4/15/76, now out-
standing in the principal amount of $2.375,000, bearing interest:'
and matursng in the'- amounts on July lr of the sears, as follows.
6-1/28: I25M-79/81;
5.10$_ 12514-82;
4-1/23: 12SM-83/84; Y--
A-6a3: 125M-85;
4.801: 12SM-87;
4.908: 129; 8e:
5_2a3- 12514-91
5.303_ 150M-92-
5.40$: 250M-93/95;
4-1/28: 150M-96.
Genar. ~ligation'Bonds, Series 1977, dated 6/1/77, now out- A
standing in the principal amount of $3r000,OOO, bearing inter-'
est, and maturing-n the amounts on June I of the years, as =
follows:
6.008: 15OM-79/84;
4.:08: 250M-85;
4.408: 150M-86;
4.503: -35OM-87;
'4.60%: 15OM-88 ;
4.708: ISOM--89;
4_803: ISOM--90;
4.903 1SOM-91;
5.00%-. 711.5OM-92/93;
S. 201k 25OM-94; `o•
5.253: 20OM-95/96;
4._00$: 20OM-97.
Lertificates of Obligation,-Series 1978, dated 3/1/78, now out-~'
end ng in the principal amount of $125,000, bearing inr_eiest, v;
and maturing in the amounts on March 1 of the years, as folla-..s: 5.50%: 514-80/81; 1OM_82/27; ISM-88/89;
25M-9.0 .
Total:-:utstanding-f-~neral obligation Indettedness - $1:,374,000_
t =s_
t
~S
r
NO
.DON EDWARDS - X DISTRICT COURT
M?, !IA. 1 & Z2 _ -
VS_ X OE-AENTON COUNTY, TEXAS
r 41' iA`Mc~ r~x
CITY OF DENTON, TEXAS 7DICIAL DISTRICT
y
[ti~srh++
ORIGINAL PETITION
TO THE HONORABLE JUDC,E OF SAID COURT:
COMES NOW DON EDWARDS, Plaintiff, complaining !~-f r:-a
OF DENTON, TEXAS, Defendant, and for cause of action would res-_
pecttully show to the Court_
r
I_
Plaintiff is'a resident taxpayer, qualified voter of the
>-S
City of Denton, Texas, and a consumer of electrica= power Prim
the municipally owned power plant of the City of Denton. ^uxas_ F
II.
That the City of Denton, Texas is a municipal corporation,
wholly situated in Denton County, Texas, organized under a Home- .
pule Charter, with Chris.Y.artung its City Manager, who resides
in Denton,' Denton County. Texas, upon whom service of citation
may be had;
That Elinor Hughes was duly elected as a member of the
City Council of the City of Denton, Texas on the Sth day of Apr-
thereafter qualified by subscribing to the constitutia
al oath of office, and was duly seater: as a member of the City
Council of the City of Denton Texas, and was elected as Mayer
of-the City of Denton, Texas by the City Council or the City of
Denton, Texas.
That_thereefter, on the 9th day of June, 1978, Elinor Hughes
during her tet= of office as a councilperson c-f the City of
f! ►
Denton, Texas was appointed as a Director of ~"exas Municipal P
a~
Agency,. and assumed the office of Director of Texas Municipal.
Power Agency, and continues to so act. 5
IV.
That Jcc Mitchell was, duly elected as a member of the City`'
t
Council of the City of Denton, Texas on the 5th day of April, 19
ORIGIH7tG PETITION Page One -
and thereafter gvwl f~ by subsc=ibing to the constitutional
-oath of OES:rce, and, was d=v seated as a member of the City Counc`
of z`he- Casty C.f Denton . Texas; that thereafter, on the 19th day
of July, 1977,Joe'Mitchell,-during his term as Councilperson of
the City of Denton, Texas, was appointed as a Direc.-tcr of Texas"
Mimiaipal Power agency, and assumed the office of Director or;.
Texas Municipal Power Agency,- and assumed the office of Director
of.T-== Municipal Power Agen:_y, and continued to act as such ry,_
=tiz-the City Council of the City of Denton, Texas was organized'-
subsequent to-the PAM ular Annual Election in 1978.
V...
That Bill Nash was duly elected as a member of the City
qk
Couhncil cf the City of Denton. Texas on tlhe lst day of Apr:.., l9,
and thereafter qualified by subscribing to the constitutional
oath -of office, ' and was culy seated as a member of -the City
-a;
Council of the City of Denton, Texas; th?* thereafter, on the
9th clay of June, ~ 2978, Bill Nash, during his tern as a Council--
person-of the City of-Denton, Texas, was -appointed as a Directox_
of Texas Municipal Power Agency, of and assumed the office p_ Der-
ector of Texas Municipal Power Agency, and continues to so act_
to the present time.. -
VI_
That-on Friday, June 30th, 1978, at 1:30 P.M., Joe Mitchell,4, '
Mary Claude Gay, Bill Nash, Dick Stewart and Elinor Hughes pur
pca ed to hold a meeting of the City Council of the City of
Denton, Texas and Purported to enzrt an ordinance entitled:
ORDINANCE NO. 78-24
AN ORDnVU= `AMEN0T!TG CRAP= 25 OF THr CODE OF ORDINANCE .
OF THE c TY OF DEN:""-,,.`i, TEXAS. PROVIDING M .N WATER AND SEWP:R
TA]PPLING _FEES_ A'I+ID !M4,: RATE CHARGES FOR TdATER AND
SEWER SER71CE;" ~~1',IftG CONFLICTING ORDINANCES: PROVIDING
A SEVERABILITY C'a.AUSE: AND DECLAR-IPIG AN EFFECTINTE DATE_
V11-
That on the Sth day cf July, 19780- at 5:00 P .M. , Joe Mitchell
Mary Claude Gay, Bill Nash,'Dick Stewart and Elinor Hughes pur
ported .`_o -hold -a meeting of the City Council of the City of
Dcntonr Texas, and purporz4.to take certain legi:latlve action
.ORIGINAL_--P LTITT= - Page Two
s
on behalf of the City of Denton, Texas. Among other purported`..
action taken at. such purported meetinc* was the purported passage
of an ordinance, entitled-
OW)INANCE NO. 78-25
AN ORDIIJANCE ATD~~'.; THE ZONING MAP OF T3E CITY OF
DENTON,, `TEXhS~; AS SAME WiS ADOPTED AS AN APPENDIX
To 2'AE CODE"' ORDIrlmaz or THE CITY O: DENTON,
^S_AY'_ORDINANCE NO. 6.9-1, AND AS SAID MAP APPLIED
TO -A 1310=ON OF LOT 23.3: Block 178-J, AS SHOWN THIS
DATE ON = OFFICIAL TAX MAP OF THE CiTY OF DENTON, TEXAS,:"
AND=MOM P'ARTICULAtL'T DESCRIBED THEREIN; AND DECLARING- Q
AN EFFECTIVE' DATE.
E•
aL : -f=-her_ purported to pass an ordinance, entitled:
ORDINMCE NO. 7826
AsZ,C.RDIl .i
~le~7~~.DING THE ZONING MAP OF THE -CITY OF
DMUON01 ',S►. AS SAME WAS ADOPTED AS N APPENDIX
T.) TEE CODE`-OF ORDrXANCES OF THE CITY OF DENTON, TEXAS.
`EY7,ORDnVg1CE 'NO_ 69-1, AND AS SA_TD MAP APPLISL' TO A PORTION
OF LOT 2,-BLOCK 3020, AS SHOWN THIS DATE ON THE OFFICIAL -
' AX 'MAP O'=M CIT -OF DETON. TEXAS, AND MORE PARTICULAR-
LY Dom'-THEREIN AIM DECLARING AN EFFECTIVE DATE.
andpurported., to `airehorize- the purchase of certain land for the
extension of sewer treatment facilities. 1Y
That perforce the foregoing allegations, uo quorum was prey
at rxLther the purp=rtea meeting held on June 30, 1978, or the
purported meeting-held on the 5th day of .Taly, 1978, and that..:
ull actions purported to have been taken by the named persons YF.
purporting to hoTA such meetings are null and void and of no for
and effect-'
WHFORE,. premises considered, your Plaintiff prays that
citation be issued and served as provided by the Rules of CIVIV4
Procecb=e and upon hearing hereof, this Honorable Court enter its
judgment'.decUring all of the purported action purported to have
been taken at the purported meetings of the named persons on the
30th day of June, 1978 and the 5th day of July, 1978, null and
void and•of no f6rce an& effect, declaring the offices of Council„.
men purporting tote held by Elinor Hughes, Joe Mitchell, and {
Bi11 Nash vafant,`aad to issue its most gracious w=-it of ujuaeR
tion, enjoining the City ~•F Denton, Texas, its officers, agents.
and employees from performing or attempting to perform any act
required ro be performed,by any purported legislation purported
ORIGINAL PETITION-- Page Three
to have been. enacted at such purported meetings, for costs c;: -SE
suit, and for such-other relief, both in equity and in law, to
x>x
%hich Plaintiff--may show himself justly entitled.
Respectfully Submitted,
s
ZY.
- WILLIAK E. J.HA -
Ai'r ORNEY FOR PLAINTIFF
1005-C West University Dr.
P. 0. Box 395
Denton, Texa- 76201
~~~I
a rR= COPY
D4ztrict
' __J
ORIGINAL A'LCTI MON Page roux
r73 -S
No.
0. B7 AS=. Er AL
:Y IN THE COL:. COURT
DVS. .y .
AT LAM
THE C= OF DENTM, TEXAS, Et AL ) DENTON COMM, TM AS F
k OR?CLVAL PETIT
rt IOY
TO THE HON08A= J`JDM OF SAID COURT:
COME NOWT C. BLASD)MM and RdZMtyL BIDDY, Plaintiffs, complaining of
the City of-Denton, Texas, JOE MITCHELL, MINOR HUGHES. MARY C. CAY, RICHARD 0. 'r
STEM4ATs, A. S. NASH, "ROBERT NEL-7N and GMUS HARM.-C, Defendants. and for cause -
of action would respeetfullT show the Court: -
T~ k
That"the.Cxty=of Denton, Texas is a municipal corporation, wholly aitua
ted within Denton.Qxmry, Texas, and organized under a Home Rule Charm.:, with
BROOKS HOLT its City Secretary, upon whom service may be had at his office in"
the City Hall, Denton, Denton C*uaty, Texas; that JOE .2ITCHELL is a resident of
Denton,-Denton County. Texas, where service of process may be had upon him;
that MJMDR UUGHM-Ii~-a resident of Denton, Denton County, Texas, where service
of process may be had upon he=.hat MIRY C. GAY is a resident of Denton,
Denton County, Texas, where service of process may be had upon her; that n
RYA O. STEAART is a resident of Denton, Denton County, Texas, where ser-
vice of process may be had upon him; that W. S. NASH is a resident of Denton,:
Denton County. Texas, 4bere service of process may be had upon him; that
r-
ROBERT NELSON is a_reaident of Denton, Tiencon County, Texas, where service or-:"
proeLnts maybe had upon him; trat =..4ZS HARTUNI G is a resident of Denton,
Denton County, Texas, where service of process may be had upon him.
a
• I2.
That the Plaintiffs, ana.,each of them, are resident, t"-
-payers and
qual:Lfled voters of the City of Denton, Texas, and toners of water from tLe.
water system owned by'the City of Denton, Texas, and services from the Ranitary
sewer system owned by the City of.Denton, Texas.
`1
i;
That the City of Denton, Texas, in its proprietary capacity, owns, a
operates and maintains a water system and sanitary sewer system, and sells
water and furnishes, sewer seivices on a commercial basis from such water and
sewer systems. -7-
IV.
That the.Mefendants. JOE MITCHELL, ELI:NOR HUGHES and W. S. NASH (well
-•Y
knowing that they ha,d vacated their positions on the City Council of the City
of Denton, Sexas).joined by Defendants NARY C. GAY and RICHARD 0. STEWART (who
well knew that:the. Defendants JOE MITCHELL, ELINOR HUGHES and W. S. HASH, had'
vacated their positions on the.City Council of the City of Denton,.Texas) gave -
notice to the consumers of wi6ter and sewer servic... _ Nm ifza crater and sewer
systems of the City's intention to exact an ordinance raising the rates for
water and sewer services furnished by the City, such rate increase to be effec-
tine July r, 198_ -
V.
That'on Friday, June 30, 1978, at 1-30 P.M., JOE MITCHELL, MARY C GAY`; ,y.
W. S. NASSH, RICHARD 0 'STEWART aad ELINOR HUGHES (each well knowing that the .
Defendants JOE Mr1!CHEt?., ELINOR. HUGHES, W. S. NASH hAd vacated their poe ttions
on the City Council of the City of Denton, Texas) purported to hold a meeting
N
of the City Council of the City of ;.::.ton, Texas, and purported to take such
legislat_<.ve action oa behalf of the City, i.e.; purported to enact an ordinance
ti
entitledi R~-
ORDINANCE78 24 "Q
Ali` ORDM%&NCE, AMECIDIl~IG CHAPTER 25 OF THE CODE OF ORDINANCES OF '
THE CITY,'0'F MERTON,' Tock5rL PROVIDING Nn WATER AND SEWER
TAPPINGS--r=4=,WW SEUICE RATE CHARGES F0% WATER AID SEWI'R
SERVICE;' BEEIti r ',COb*= =G ORDnUL17CES. PROVIDING A
SZ7ZZA==X CLOSE; AND'DECLARING AN EFFECTIVE DATE. ve:„
that such purported ordinance provides that the rates established br such pur-
ported ordinance *ball take e.fect July I, 1978.
That perforce the foregoing allegations, no quorum was present at the
purported meetiag-of-`the City Council of the City of Denton, Texas, held on '
June 30,.197&, and that all actions purported to have bran taken by the named,
persons purporting-to-bold said meeting are 'null and void, and of no force.
and effect.
-2-
That notwithstanding the invalidity of the purported ordinance, never-
tbeless the Defend=ts.'CUM HARMC, and ROBERT NELSON have enforced the fro-
visions of the purported ordinance retroactively against your Plaintiffs eider
. x~
the threat of discontianing service to-them and each of them, and the class of
which they area part, resulting in damages to the Plairtiffs in the sum of.
$750-00-
hat tbe:facts herein alleged constitute a deceptive trade practice
within the meaning of the Deceptive Trade Practice-Consumer Protection Act am,
the Plaintiffs are entitled to triple damages, together with reasonable attor b
nay's fees.
VIII_
That the amount of exec-as charges for water and sewer services is Parti-
cularly within the knowledge of the Defendants and is not available to the
Plaintiffs,-the Defendants should be requi-ed to furnish an accounting.
EREF=,.,premises considered, Plaintiffs pray that Defendants, and s.
each of them, be cited to appear and answer herein, as provided by the Rules
of Civil ProcedsrKe,' aan,:.~oa hearing hereof, this Honorable Court enter its
judgment declaring the positions of TOE MILL, ELINOR HUGHW; and. W. S. M ,
'#r
` on the City Council of the City of Denton, Texas, vacant; that this Honorable
Court appoint trustees to serve in such positions until such time as sum::
positions arer filled in the manner provided by law; that this Honorable Court p
enter an order requiring the Defendants to file a sworn accounting of the _
amounts o" excess rates for water and sewer services.collected by the Defend-
ants under the provisiow of the
purported ordinance herein alleged; that
judgment be entered herein against Defendants, jointly and severally, for the
individual customers and consumers of P-.-vices f.-= the municipally owned water
and sewer syste= in an amount three times the amount of excess charges collects-y
ed under the pnx-ported 'ordinance hereiaabove alleged, together with reasonable,
attorneg's fees, for 'costs of Court, and for su:h other relief, both general
and special, in. equity, and in law, to which Plaintiffs may show themselves, to
be justly entitled... ;
Respectfully submitted,
-3--
Al
`NO. 78-1462-A
Ae" vo~ FAGE 688
DON EDVJMDS X IN THE DISTRICT COURT OF '
V. X DENTON COUNTY, TEXAS
CITY OF DENTON, TEXAS X 16TH JUDICIAL DISTRICT
• JUNT 13
On the 4th day.of January, 1979, came on to be heard the above
styled cause whe`ein Doa Edwards is plaintiff and the City of Denton,
Texas is defendant.
r
The City of Denton, Texas, having filed a motion for summary 'y
A 7'.
judgment and said motion for summary judgment having-been duly set
by the Court"for hearing and copies of said motion and other docu-
ments having pz,ziperly been served on plaintiff and due and proper
notice of said hearing having been given to plaintiff, all parties y=
" -X r
appeared on-the above mentioned date, by and through their attorneys
of record, and said'mot'Lon for summary judgment of the City of Dent
on°,
Texas, was 'duly and properly presented to the Court. Q
The Court , having considered the pleadings, affidavits, and other
instruments -on file herein, and having heard the arguments of counsel
finds that the law is with the defendant, that there is no genuine
issue as to any mate:cial fact, and that defendant, City of Denton,
~r
Texas is entitled to`.-judgment herein as a matter of law. 4-
It-is, therefore; ORDERED, ADJUDGED AND DECRF;ED that the motion, fv
for summary judgment of tL%e City of Denton, Texas should be and said-
motion is hereby in _al': things GRANTED.
It is, further r-ORDERED, ADJUDGED ADID DECRM that all relief
requested by plaintiff against defendant is hereby in all things
Aenied and that plaintiff,recover nothing herein.
- „Y
It is rst'$. g-!-?UB AND DECREED that all Costs of
courr. herexa-ate----taxedlagasinst,pia ntift' for which let execution
SIG; -this ~ of January. A. D. 1979.
J =
i BISTRI JUDGE
A ~e
F-M IT""
OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF TEXAS
March 26, 1979
THIS IS TO CERTIFY that the following described bonds,
together with authenticated copies of the i.roeeedings relating
to and authorizing tho issuance of same, haves been submitted
to me for: examination in accordance with tho requirements of
the statutes of the State of Texas, to-wit:
CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 1979, issued
by virtue of an ordinance adopted by the City Council of said
City on the 6th day of March, 1979: for the purpose of providing;
$500,000 for constructing and improving streets in said City, and
providing drainage and flood control facilities in connection
therewith) $1,815,000 for the acquisition of property and making
improvements for public purposes, to-wit: constructing and im.
proving streets in said City and providing drainage facilities
in connection therewith) $775,000 for the acquisition of property
and making improvements for public ppurpposes, to-wits` providing.
additional City public library facilities) $880,000 for'che ao-
quisition of property and, makingg improvements for public pur-
poses,`to-wit: providing 6,14itional City police facilities); and,
for. 000 for the
ur qu of property and making improvements
firh~. tin0 facurposes,toiwitn ,providing additional City,.fire.
fr g itiear dated MaZoh 15,'1079r nUmbered consecutively
1` to 500 inclusivei in the 'deport rat[on eE"rive xhquO Li
6d
11ars iSS►d~Q) .;eaq~, O gregati' the `*InO4pal ;i6in of Poor., Ilion"Five_hur~ red.
• y , hoUSbnc3 ,nb1 are ; t~1+,15D4 'e0C) t''teaturin
se+r"iali' bh March' l5 in.ahch oF'the years as ox-owss
1582/2000 $2256000
bearing interest at the following rates per annum, to-wit:
r~
fbstids :,saturing 7,981/1983 7.009 Bonds maturing 1993 5:4259
Bonds maturing 1984 6.258 Bonds maturing 1994 5,309
Bonds maturing 1985 5.208 Bonds maturing 1995 5.4,18
Bonds maturing 1986/1989 5,159 Bonds maturing 1996 5.451
Bonds maturing 1989/1992 5,204 Bonds maturbxj 1997,4400 5.50,E
payable on March 15,110.80, hAd semiannually thereafter on Stiptem-
bar 15 and March 15 while said bonds are outetanding) both
principal and interest payable at Citihank, f; A,, New Yorks or,,
at the option of the bearor, at First National an
Bk in Dallda,
Dallas, Texasr said bonds being subject to pprior redemption to
the extent and in the manner provided in said authorizing ovdi
nance,
Prom a catoful exar9in,ation of said' bonder and proceed 1'911
and tho' ConstiVutioh am"lawn of the State of Texas on the sub=
ject of thorax eaution and issuance thereof, I find the following
facto, to-Wit::
(1) That, the Ci►,y of Denton was, at th46 time, of the adoption
of the ardinaricd above referred to, and is'; as of this date,'
legally incorpkir ated
s a. ti J IP
V "Y
P 1
i
Page -2-
(2) That annual ad valorem taxes sufficient to provide for t.
the payment of the interest on and principal of this series of
bonds, as such interest comes due and auch princip,il matures,
have been levied and ordered to be levied Rvainst all taxable
property in said City, and have been pledgeal irrevocably for
such payment, within the limit prescribed by law;
(3) That the ordinance authorizing the issuance of said
bonds is in proper form. and was :.egally adopted;
(4) That said bonds and interest ttoufoons attached thereto
are proper in form anti in accordance with the ordinance authoriz-
ing their issuance.
IT IS MY JUOGMENTr and I so find, that Bill of the require-
ments of the laws under which said bonds wera issued have been
met; that said bonds were issued in conformity with the Consti-
tution and laws of the State of Texas; and that said bonds are
valid and binding obligations of said city of Denton.,
WHEREFORE, said bonds are hereby approved.
IN TESTIMONY WHEREOP1, I have hereunto aigndQ my name offi-
cially and caused'the,,voi~l of my 6ffice to-be"impressed. hereon,
in the City of Austin'; Texas,'.'
orney Genera o e ate o axes
116415
Book 165
pAM aNli•LN s
i
)FI.ICE OF COMPTROLLFR i
QF THE STATE OF TEXAS i
I, Pob Bullock, Comptroller of Public Accounts of the State of Texas, do hereby
certify that tha foregoing hereof is a true and correct copy of the opinion of the Attorney
City of Denton General Obligation Bonds, Series 1979
General approving the
900 of the denomination of
1 to
numbered consecutively from
Harch 15 lq 79 -,due See forego
S 5,400.00 each, dated
Various rcenl, under and ty authority of which said bonds were registered
Interest, pe
27th day of ~~-r--.. i9 as the came app4rs of record
in this offl4e, on the....,...
on glstef Number
112 Bond Register of th'e Cs;rnpj~ollee Office, Vol. Re
page ,
44842
27th
Given under my hand and seal of office, at Austin. Texas, the
March 19. 779
day of _
Bob Bullock
Comptroller of Public Accounts of the
State of Texas
• - _ ~
OFFICE OF COMPTROLLER
OF THE STATE OF TEXAS l
i1 Hollers
t, 0 Bond Clerk 6d Assistant Bond Clerk in the office
of tha Comptroller of the Gtate'of Texas, do hereby ca.tify that, acting under the direction and
authority of said Comptrolleron the 27th day of March .19 79
1 signed 'he name of said Comptroller to the certificate of registration indorsed upon each of the
City of Denton GeneralGbligation Bonds. Series 1979
numbered from _ l to 400 inclusive, dated March 15, 1979
and that in signing Said certificaDsr}o¢ txxs c+d the following signature:
la
IN WITNESS WHEREOF I have executed this certifi=ate this 27th day of y
March ,TS 79
1, Bob Bullock, Comptrofler of Publicll=untr of the State of Texas, do hereby certify
_p
that the person who has signed the above certificates w,ss duly designated and appointed by me .r
vs Bond Clerk in the office of the Comptroller of Public Accounts of the State of Texas under w
authcity rested in me by Tax. Rev. Civ. Stat_ Ann_ art 4362 (1969), wiih authority to sign my
na"-- w aA certificates of nnviswat . and/or -,4rnceilation of bonds required by law to be registered
andAir cancelled by ms. and was acting as such on tM date first mentioned in said certificate, and
that the bonds described in said certificate have been duly registered in the office of said
Comptrdler as appears; of record` on page 122 of volume 81 under Registration
N• rnber "B42
in the Bond Register kept in the office of the said Comptroller.
GIVIEN under my hand and-'seal of offiw at Austin. Texas. this 27th day of
March 791
BOB BULLOCK
Comptroller of Public Accounts of the
State of Texas
Form 2W0-1.03 (Rev.-2}.77) _
.
OFFICE OF COMPTROLLER
OF THE STATE OF TEXAS
i• Betty Me7_ber O Bond Clerk 2 Assistant Bond Clerk in the office f
of the Com
pholler of -the.1State of Texas. do hereby certify that, acting under the dir:ction and
authority of said CorrptroAer%.rr the 27Th day of Flare R , 19 74
1 signed the name of said Comptroller to the certificate of registration indorsed upon each of the
City of Denton General Obli scion Bonds Series 1979
s
y4
numben:d from 401 900 inclusive, dated March 15, 1979
and that in signing said ce -tificau of t the following signature:
:N WITNESS WHEREOF I'liave exaoraed this c&-tificate this 27th day of
March ,Z9 79 a
1. Bob Bullock,. Compzrotlar of Public Accounts of the Stara of Texas, do hereby certify
that the person who has signed the above certificates was duly designated and appointed by me
as Bond Clerk in the office of the Comptroller of Public Amounts of the State of Texas under
authority vested in am by Tex. Rev. Civ_ Stat Ann_ art, 4362 (1969), with authority to sign my
rcme to all cwdrm ates of registration, and/or cancellation of bonds required by law to be registered
and/or anoellm! by me, and was acting as such 1:m the date first mentioned in said cer-eficmu, arid
that the bortds descn'bed in saW certKicafle have been duly registered in the office of said
Comptroller. at appears of record on pag& 122 of volume 81 under Registration
riumber 44842 in the Bond Register kept in the offies of the said Comptroller.
GIVIOV under my hard and seal of office at Austin, Texas, this :7th day of
Iia-ct► 19 79
BOB BULLOCK
Comptroller of Public Accounts of the
s; State of Texas
4,
NO-ARBITRAGE CERTIFICATE
.Y
THE STATE OF TIMMS -
COUNTY OF rCNMN
CITY OF DEDTX'm- -
The undersigned'," being the duly chosen and qualified
mayor and-City'Manager, respectively, of the City of Denton
(the "City"3-t hereby certify with respect to that issue of
City ,of Denton``General Ubligation Bonds, Series 1979, dated
March 15, 19794inn the principal amount of $4,500,000 (the
"bonds") as follows: y
-along y-1. thaw-we,.with other officers, are charged
with the responsibility of issuing the bonds and ex
pending the proceeds of the bonds.
°.r
2- 'chat this- certificate and covenant are made pur
svn-t to Sections 1.103-13, 1-103-14, and 1.103-15 of w
the proposed"_Inccme Tax Regulations (the "Regulations")
of the'Internal-Revenue Service with respect to arbitrage
bonds as desc bed in Section 103(c) of the internal:
Revenue Code of `1954, as amended (the "Code"), and the
words and-,phrasAs used herein have the same meanings as
defined ancc n~red iL ' the Regult dons. ,
3. that this certificate is based on facts, estimates, +
and circumstances in existence on the date of this certi-
ficate, which-2.9- the date of issue of the bonds, and on r'
such basis, it t.s reasonably expected that the following
will occur with, respect to the fonds, and, to the best ,
knowledge amd'belief of the undersigned, such expecta- r:
tions =are- reasonable: 3
(a) -that the bonds are issued for the purpose of f
providing $500,000 for constructing and improving streets
in said City, and-providing drainage and flood control
facilities: in `connection therewith; $1,,815,.000 for the
acquisition of property and making improvements for pub-
lic purxm;,s., to-wit- constructing and improving streets
in said Ciiy. and providing drainage facilities in con-
nection therewith; $775,000 for the acquisition of "
prclwrty'and;-ms;king improvements for public purposes,
to-ftia.t: providing additional City Public Library Fa-
cilities,-- 58?s0 000 for the acquisition of property and
making improvements' for public purposes, to-wit: pro- ~
vil-ng additional City Police Facilities; and $530,000
for=the =1zdz1t on of property and making improvements
for public purposes, to-wit: providing additional City
Fire -FfghtingFacilities; s
(b) that theCity will incur, within six months
after the".date of a~.ixe of the bonds, binding obli-
gaz ons to`cmnwnce.each of the projects, respective-
ly , to be- nanced =by -=tee bonds, either by entering
into contracts for tha construction of such projects
to be financDd by the bonds, or by entering into can-
tracts for architectural oz engineering services for
such--projects; or contracts for land acquisition, site
development-,.purchase of construction materials, or
purchase of"egxdpment, for such projects, or in case
of sezvx-ces.,"will=commit"itself to make an equivalent `
expenditure for similar services by employees of the
.
city, with the-amount to be paid-under each such eon-
tract and'commItment with respect to each such project,
a-
respectively, to be in ex.~ss of two and one-half per-
cent of 'they portion of the amounts received from the
sale of-the bonds allocated to each such project,
respectiq!ely."-(with the aggregate amounts to be paid
under a l:, of such. contracts to be in excess of two
' and- one-bAlf,• percent of all of the- amounts received
iroma the sale-of the bonds);
M
c3 that .after entering into said contracts or
makings such co=itus, work on all of such projects
will--.proceed promptly and with due diligence to com-
pletion x
x :
(d) -that all of the amounts received from the
sale af`the,..bonds will be expended for the purposes
r3.
of the bondw by-the end of the threeyear period be-
giNning on 'the date of issue of the bonds;
(e) that none of the amounts received from the
sale of the 'bonds will be placed in a reserve or re-"
placement`tfund, and, except as provided in (f) and (g),
below, ztone of the amounts received from the sale of
the bondsm=and none of the proceeds of the bonds of
any kind gill either (i) be placed in a reserve or
replacement"fund, = `{ii) be used directly or indirect-
ly to::replace,_funds'which were used directly or in-
e~y to acquire any securities or obligations of
any
M that a separate and special 'Interest and
Sinking kimcr has been seated and established solely
to pay.the.winripal of and interest on the bonds,
wi•ch a
gart;ioa o2r`"such fund constituting a bona fide.
debt- `servic&- -kf for the bonds, and money deposited
MAto the "'M terest and Sinking Fund" for the bonds
will,`not be :invested except during the thirteen month '
period beq';nning-on the date of each such deposit of '
money, and the..amounts received from the investment
of money, -in t3ie "Interest and Sinking Fund" will not
be invested except durin the one
g year period beginning .1
on the date of "receipt of such amounts; providecr, how-
ever and except that, if any money so deposited, and y
any ca==nts received from the investment thereof , are accuotulated izr the "Intcrest and Sinking Fund" and re-
main; on :hand" in the_ -"Itterest-and Sinking Fund after
thirteen `months -from the date of deposit of any such
money or one year-after the receipt of any such amounts
fraa;the ~stment thereof0 such money an amounts, to
the extent "of 'air:;aggregate not exceeding 15% of the ori-
ginal face amouai.of'the bonds (with the bonds having
been sold-at face value or par), shall constitute a
reasonably` requireddebt sex-rice reserve fund for the
bonds, and may,°be invested, and will not be subject to
nvestment y eld restrictions, and shall constitute a
separate portion of the "Interest and Sinking Fund
(g). that it is expected that a portion of the
"Interes - mod; S$.nking Fund" will be used primarily t'a
achieve a proper" matching of tax revenues collected
for the -bcnds-,;_and debt -service on the bonds within
sach'bond ,yeazj*-and it is expected that such portion
of the "Interest and Sinki_--g Fund" will be.depleted
once a -yehe on:r -a-first in - first ' out basis, except
for ar poss7ble "carryover- amount which will not exceed
the-greater of one year's earnings on such fund` or
f
1/12 of annual debt service payable from such fund,
but-any-money and amounts which may be accumulated in
the .jjLteres~ and Sinking Fund" to constitute a debt a
service'reser,.e fund for the bonds as described in (f)f
above, shall-coast tote a separate portion of the wl -
teres-t had-Sinking Fund, and will not be depleted an-
nuaaiiyand will not be subject to yield restrictions:
provided° that in no event will much debt service re-
serve fund, p-~rtion.of the 'Interest and Sinking Fund'
ever exceed of "tFq original face amount of the
bonds:
(h) that except as provided in (f) and (g) , above, no money, or a..~^unts will be held or accumulated in or
invested froao any sinkina- fund, debt service fund, 're- `
demption fund, reserve fund, replacement fund, or simi-
lar •fun.4 which lz 'reasonably expected to be used to pay
priacipaY_: y 1Y1teres t on the bonds ;
thatnone of the projects to be financed by
the- bondswill-be sold or otherwise disposed of, in
whole or in part, prioz-to the final maturity of the
bonds/
(jy. that-the amounts received from the sale of-
the bond.--will not exceed the amounts necessary for
the gove aental purposes of the bonds: T_
(k)' thatLthe City has not been notified of any
listing of it-by the Znteraal Revenue Service as as A_
issuer that may not certify its bonds.
4 that it is not expected that the proceeds of the bonds,-
in -any be Bred manner that would cause such obligations
to be- °arbtrage'bonds under Section 103(c) of the code and nn
the"geguTation Vrescribed under that Section, and It is {
further-specifically' covenanted that the proceeds of the
bonds will nut :used directly or indirectly so as to cause
all or any._part of the bonds to be or become arbitrage bonds
of-th=t'Section or the Regulations pre-
within the- weaning
scribed by that`Secti'on_
z
5. -that.to our best kncwledge and belief there are no
other ;facts,P`..estimates or circumstances that would ma- E
tertally :hangs the foregoing conclusions or statements. x
_7
Vie== this APR 5
ton. T
ma , City.of
City ag City o Den on, s
(SEAL)
t
a
r
SIfatULTIIRE IDEZMFICATION AND LITIGATION CERTIFICATE
T3E'_ STA S OF- 'Mn=
COQNT , OF DE.' N _
C=TY OF -DEM'ON' =
.We, the undersigned, hereby certify as follows:
(a) Thar-: thisce -=ficate is executed and delivered with
reference to that .issue of
C= Or"'DESTON GMJLRAL OBLIGATION BONDS,
Series 1979, dat4 , -ch 15, 1979, in the principal aacun;, of
S4,500,000_
(b)' That we,Officiall
y-executed and signed said Bonds ana
the interest coLnx s' attached thereto by causing facsimiles of
ouw manual sigaatu=Ps to be imprinted or lithographed on each
of s'ii d: Bonds, °aadl;`i aterest corpons, and :;+e hereby adopt said
facsimile sigaat=Os as our own, respactively, and declare that
said facsimi74;':`signatures constitute our. signatures the same as
y4
if we had mPavAlly~sigaed eech of said-Ponds and interest coupons
(c) That`sazd,•Bonds and interest coupons are substantially
in tre fora, and-aave been duly executed and signed-in the manner, }
prescribed in-- tht ordinance aathorizing the issuance of.: said
s
Bands and interest-coupons.
Lz
(d) That-at the time we so executed and signed said Bonds
and interest-couposs we were, and at the time of executing this
cprt-+~ate we'; the duly chosen, qualified, and acting offi
cers indicated'rhezv;n. and authorized to execute the same.
(e) That'A%a 14t4gation of any nature has been filed or is
now pending•:to;,res=a:2n or enjoin the issuance or delivery of
said Boats or =interest'' ~nupons , or which would affect the -pro-
vis on`- made. for- t32$W_iX_ payment or security, or in any manner
questioning_t:he validity, or the proceedings or authority con-
cerniag the ssnannce>_of said Bonds and interest coupons, ex-
cer described i.n ~f), below.
(f)' Th, ad "authority or proceedings for the issuance of
said;-Bonds and--interest coupons have been repealed, revoked, or =r
resciaded,;andZth' ft'corporate existence of said issuer is not
beiaa Coates ted r„ and.: no li.tzgation has been filed or is now
pendi.ag htch°s.i~vs d~a eet the authority of zhe officers of
said ' a~"= to" issre,execur_e, and deliver said Bonds and in-
terest aoupons>,_,.except jor Cause No. 78=1462A in the District
Court of Dentoft Coanty, Texas, entitled Don Edwards vs. City of
Denton, `Texas, and misuse No. 9258 in the County-Court at Law of
Denton. County:, '1"eXas„ entitled C. O Blasdeli, et al, vs. The
City-cf Denton,"-Texas, et al. True and correct copies of the
Original'Petit on;,V a each of the foregoing Causes are attached
tc. this Cex*- ate 'and neither of said. Orig=_nal Petitions has
besn changed ar".amended since the original filing thereof. 'IA
Also alttached-to r. s_'.Cortificate is a true and correct copy
of the "
Judgmeat. entered in favor of the City by ....e Court
the `FXhrards case, slpra, which _,7udg.ztnnt has been
by the Pl ai.:t~:._ ar*+d a appeared' :
appeal is now pending. No judgment
on the merits -hams been rendered by the Court in the Blasdell .
case, supra; and~suc2 case has not been tried or heard on its
merits
.TM
q~
r
(g) Thim we have caused the- official seal of said issuer
to be -i=pressed,- *r -printed, or lithographed ou each of Sa d,
Bonds; -and said seAl or said Bonds has been duly adopted as, and
z.s hereby _ declared.: to be, the official ' seal of said issi- er.
MMC=.= and delivered this APR 5 1979
SIOSATUIvS OFFICS~.I TITZ.E5
{
Mayor
City Sec=-etary
The- signatures`'`of the officers subscribed above
are hereby certified to be true and genuine
FIrs Stde Bank of MentM Texas % .
Bank
By. Authorized Oz lcer
(BANK .S=T-) ;
LNG 1/{ G i..LJ
McCa21, Parkh=st & Horton
1400 • Mercaatile Bank 8c*ilding
Dallas, Texas 75201
_ j
ao_ V~j h A _
i - DON } WARDS X In ulgiEZ 2DISTRICT COURT o-
acta 1 . s
VS. X DENTON COUNTY, TEXAS =
CITY OF DENTON, _1MT2 =S ICIAL DISTRICT
ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SA.-D- COURT
COM 'WR DON EDWARDS, Plaintiff. complaining of the CITY
OF DENTON, TEXAS,' Defendant, and for cause of action would res-
pectfully show, to the Courts
I.
taxpayer, qualified voter of the '
Plaintiff is a resident
City oF.Denton, Texas, and a consumes of electrical power from
the muazcipal y owned power plant of tho City of Denton, Texas.
That the City of Denton, Teas is-'a municipal corporation,, ?
wholly situated is Denton County, Texas, organized under a Home-".`,
j Rule Charter;, vit3r_ Chris Hartung its City Manager, who resides.-,
in Denton, Denton~County, Texas, upon whom service of citation 2
may be .-.had;
- TTY -
That-fMlini 'Hughes was duly elected as a member of the
CityCouncu of the City of Denton, Texas on the 5th day of April,
1977, and thereafter qualified by subscribirg to the constitution ti
(y al oath of office,. and was duly seated as a member of the City µ A
Council of the City of Denton, Texas, and was elected as Mayor p'w
of the City of-Denton,-Texas by the City Council of the City of
r.
Denton, Texas.` ,
That -hereafter, oa' the 9th day of June, 1978, Elinor Hughes==
during-her term of office as a councilperson of the City of
Denton, Texas vaw- appointed as a -Director of Texas muni.cipa.'. Power ;V
Agency, and assumed the office of 'Director of Texas Municipal
- f
Power'Agenc-, -andContinues to so act.
IV.
That Joe Mit.c_hell was duly.- lected as a member.of'the City
Council of the City of Denton, Texas on the 5th clay of April,` 1.9 ,
q -ORIGINAL PE=OW.- Page `One - 'ter
and therea_ z 3s;ied by = bscrib: ng to the cons-titutional h~ t~:
oath`of office, and was' duly seated as a member.of the City CoffiC
of the City of-'Denton, Texas: that thereafter, on the 19th day
of July; ' 1977, Joe -,Mitchell, during his term as Counc lperson of.~ .
the City of-., Texas,-was appointed as a Directorof Texas 'A
~ Municipal, Power ,agency, and assumed the office of Director or
Texas Municipal Power Agency,--an-I assumed the office of Director`; _
of Texas `Municipal'' Power Agency, and continued _to act as such
until the Clt-r'Council of the City of Denton, Texae was organized" -
4
subsequent to the Regular Annual Election in 1978.
V. -
That Bill Nash' was, du.''y . elected a^_ n member of the City
:ter:
Couhacil'of =the City of 'Denton, Texas on the lst day of April, 197,
.4F .
and thereafter- qualified by subscribing to ttie constitutional
2
oath,of office, and was duly seated as a member of 'the City
Council of the City of Denton.. Texas: that thereafter, on the
r.
9th day of Jtisie, 1970, Bill Nash, during his term as a - Council-
persoa -?f the°'City>of-Denton,. Texas, was appointed as a rirector
of Ter as Municipal Parer Agency, and assumed the office: of )ir-
ectaK of Texas Nwilcipal Power Agency, and continues to so act:'
to the present time.
v2 . r
I
That oli Friday, Jane 30th, 1978, at 1:30 P.M., Joe MitCho1.l _
Mary Claude Gary,'r`Bill Nash, Dick Stewart and Elinor Eughes pur- -
ported to hold' a meeting of the City Council of the City of
Denton, Texas and purported to enact an-ordinance entitled: rh
ORDnQWCE NO. 78-24
I.N ORDINANCE AME.;DING CHAPTER 25 OF THE CODE OF ORDINANCES!"
OF THE C=.-9F DEr:TON, TEXAS, PROVIDING N04 WATER; A-M SEk'ER "
TAPPING:=`EE~`r2D NEV"SF,F2VIe^E CHARGES FOR tJATER aI3D?
SEWEit"SERV-X4=,;'• REI?EALnNG CONFLICTING ORDINANCES'. PROVIDINCr ,
A SEV UkB=XTY' CLAUSE: AM DECLARING AN EFFECTIVE ` DATE .
VII.
That on •the,Sth day of July, 1978, at 5:00'P.M. J64 Mitc3ie
Nary Claude Gay,. Bill Nash; Dick Stewart and Elinor Hughes puz-
port,ed to hold .,a meeting of-the city Council of the City of "
Denton, Texas, and purported to take certain legislative action
ORIGINAL ` PETITIONS - Page; Two r
on behalf of the City of Denton, Texas. Among other purported
action taken at' such purportec meeting was the purported Passage-
•s
of an ordinabce, entitled:
ORDINANCE NO. 78-25 '
AN ORDINANCE_AI1END=(; THE ZONING MAP OF THE CITY OF
DMMIT,., `TEXASr,1AS SAME WAS ADOPTED AS AN APPENDIX
To.:Tgg,vQODE:'OF ~ORDXNANCES OF THE CITY OF DENTON,
TEXAS BY1;ORDI 1M= NO-`- 69-~., AND AS SAID MAP APPLIED
TO A~pCF=OWIOF LOT, 13.3: Block 178-J, AS SHOWN THIS
DATE ON -THE :OFFICIAL -TAX :RAP OF THE CITY OF DE<MU4. TEXAS,
Fa
AND MORE PA1Fi'ZCI3LAMY DESCRIBED THEREIN; AND DECLA~2ING
DATE.
AN EFFECFZVE:
and--;further purported to pass an ordinance, entitled:
ORDINANCE NO. 79Y26
AN ORDnu~ ADDING THE ZONING MAP OF THE CITY OF
DEN':'ON;, 'TEXAS AS SAME WAS ADOPTED AS AN APPENDIX -
To .THE;' OODE.''-OF ORDINANCES OF THE CITY OF DENTON, TEXAS,
BY ORDINANCE=NO. 69-1, AND AS SAID MAP APPLIED •20 A PORTION1,
OF WT' Z 'BLOCK 3030, 'AS SHOWN: THIS DATE ON THE OFFICIAL
TAX MAP'.~~OF THE`'CI YX OF DENTON, TEXAS, AND MORE PARTICULAR-
LY DESCRIBED_`TSEREIN; AND DECLARING AN EFFECTIVE LATE.
and purported to authorize the purchase of certain land for the
extension of sewer treatment facilities.
That perforce the foregoing allegations, no quorum was presen
at.either the purported meeting held on June 30, 1978, or the
purpoi-~ed meeting held on the Sth day of July, 1978, and that
all actions purported to have been taken by the named persons'
purporting to.rold.such meetings are null and void and of no forc e-
ahd effect.
WHEREFORE, premises considered, your Plaintiff prays that"_
citation be issued and served as provided by the Rules of Civil..- i
Procedure and upon bearing hereof, this Honorable Court enter its"
tudgment°declaring all of the purported action purported to have.
been taken z the p=ported r-_etings of the named persons on the-
30th day:of'June, 1978--and the Str day of July, 1978, null ands,.
void and of no force and effect, declaring the offices of Councsl _
mm purporting to be held by Elinor Hughes, Joe Mitchell, and, y'
-
Bi.11 Mash vacant; and to issue its most gracious writ of in>ur=-
tion, enjoining the City of Denton, Texas, its officers, agents
and employees-from' performing or attempting to perform any act.-
regw rod to"be performed by any purported legislation purported' t~
ORIGINAL ,PETTT"1 Page Three
to bane been enacted at such Purported meetings, fc+r c.,,sts of
su3.t: and for such other relief. -both in e4L=t1' and in lay', to
which Plaintiff may show bjmself justly entitled.
Respectfully submitted,
wlz.L T
r'ORNEy FOR PLA2=
A w
%
1005-C West University 'Dr
P. O. Box 395
Denton, Texas 76201
C~ ED A TRUZ COPY ;
f Taxaa ry.
AIJ t,
f
' try
r
n ~
1► rETrTZON - Page Tour
C RIGINAL
t73AUG-9 ~1!M-3;
C. O. BT.CSDELL,_ ET A7.. ) r v XX THE COU.YZY COURT -
)
=VS. } AT LAW
.123E C= OF DENTON, `TESAS, Ai. ) D TO:T COUNTY, TERAS
ORIGL'ML PE71 iG`• _
TO ° THE HONORABLE JUDG&_ OF SAID COtMT ;
CMM IOW:C► 4.,BLASDELL and RA*wxz, BIDDY, Piaintiffs, complaining of.--
the City of Denton, Texas, JOE'MITCHE"LL, EMOP. RUCHES, :fA.RY C. 'GP.Yo PSCHAY.'C.
STE L%.?X, Q. •S. SLASH, ~20M RT NZ°^N and CIIRIS HARTUNG, Defendants, and for cAL isate
of action would respectfully show the Court:
- Jy- - corporaeion... whopy s rv
That-the City of Deatsu, texas is a muaici??_, itua-..-
ted within Denton Coaaty., Texas,'-and organized -.order a Home Rule Ck&Arter, with
BROOKS HOLT its'City Secretary, upon whom service may be had ,t hLs office :Lw
the City Hall, Denton. Denton Caunty, Texas; that JOE XXTCSEL'L is a resident of',.-
*Dentoa, Denton County, Texas, where service of process may be had upon him, N
;r
that MINOR IIXHES is a resid*.at of Denton, Denton County, Texas, where service
on
o£ -process may be`had upon her; that MARY C. GAY is a resident of Denton,
Denton County, Texaswhere service of process may be had upon her; that
RICHARD "0. STEWART is a resident of Denton, Denton County, Texas, inhere ser•
tttt ~
tv cr of proc,fta&~may b9 had upon him; that W. S. MASH is a resident of Denton,
Denton County,-T4wAs,--where service of process may be had upon him; that
PD=T NELSON is a resident of Denton, Denton County, Texas, where 'service oir `
process may be had upon him; that CIS HARTLNG is a resident of Denton,
Denton County, Texas,?where service of process maybe had upon him.
II. z
That the'Plaintlffs, and each of them, are resident, t",payers and Y
qualified voters of the-City of D..:ou, Texas, and consumers of water fzu= the,.
water system owned ty the City of'Dento«, 7cxas, and service from the sanitary
sever system owned by the City of Denton, Texas.
F
ZII. .
That-the.City of Beaton, Texas, in its proprietary cspacitys owns,
operates and maintains a water system and sanitary sewer system. and sells w
water. and furnishes' sewer services on a coaamercial basis from such water and y;
sealer systems-
ti
That the Defendants, JOE MITCHELL, ELINOR HUGHES and W..S`. NA-!M
knowing that they had vacated the:-_ positions on the City Council of the CizY=:
o£"Denton, Texas) joined--by Defendants MARY C. GAY and RICHARD 0. STENART (who -
well loa w that, the Defendants JOVXITCaaFr:r, E=OR HUGHES and W. S. MASH, had
vacated their positions on the Cit7 Counc:U of the Cit7 of Denton, Texas) gava
notice to the,r_onsumers of water and sever services from the water and sewer
systems of the'°City`s~tntentioa to enact an ordinance raising the rates for `
water and sever services furnished by the City, such rate increase to be effec-
Live July 1, 1978_
That on Friday. June 30', -19787, -r,_ 1:30 P.M., JOE MITCHELL. XARY C GAY, Y
W. S NASti, RICHARD O. ` STEWART sad ELMOR HUGHES (each well knowing that th*-- - `
Defendants JOE 2=CH>MZs UMOR.HUCHEE, W. S. NAM had vacated their positive
os"thq City Council of the City af Denton, Texas) purported to hold a meeting
of the city: 1110t`the City of Denton, Texas, and purported to- take suetr;
-legislative action on_behal£ of the City, 3.e., purported to enact an ordinaneas
ectitled: ,
OR :FIANCE NO. 78 24 t
AN O A14C><,:11Zt►~!4}L'r L~illr~':'ER 25 OF THE CODE OF ORDINANCES OF
THE CT1!evrtDMMN, TEXAS1'ROVYDING NEW WATER ARID 5 tdEEt
YAFPIIW~ AND NEW SERVICE. RATE CHARGES FOR WATER XND SEWER
SEKQC= LING CWLICTMk ORDINANNCW; PROVIDING A
SEVEGABa.ZZY' LAifSE;` AND `DECLARrNG AN EFFECTIVE DATE.
that such purported- ordinance provides that the rates established by such
ported ordinance shall: take effect July 1, 1J78. 3
That perforce the foregoing allegations, no quorum was: present at the
purported meeting of the City Council of the Cizy of Denton, Texas, held
21
June-30 1978, `and. that all actions purported' to have been taken by the named
persons} purporting t&-hold- said meeting are 'null and void, and of no force
x
and effect..
I -_7
2
F a T L d
That ~twithstaAdiag the invalidity of the purported ordinance, never-
toeless the Dependants L'~tIS ~ ItA=G and ROBERT IQF3.SODt have eafos^ .ed_ the pro-
visions of the purported ordinance retroactively against your, Plaintiffs wader
the threat of"discontinuing' service to-them and each of th..., and the class:of
which they aee a part, resu7.ting Sn damages to the Plaintiffs,in the sum of
'k
$750.00:
- tT
That the facts herein alleged constitute a deceptive trade practice
within the meaning<of the Deceptive Trade Practice-Coc<maex Protection Act, and
:the-Pxalatiffs are entitled to triple damages, together with reasonable attor- Y
neyis fees-
That-the amount of excess charges for water and sever services is partly
culxrly within the knowledge of the Defendants and is not available to the
Plaintiffs, the Defendants should be required to furnish an accounting.
ARE; premises considered, Plaintiffs pray that Defendants, and
be cited to appear aad.ansver herein, as provided by.thc Rulimr A hr
each of them,
of Civil Procedura,.and_upon hearing hereof, this Honorable Court enter its
ELmm HQGBES and W. S. PSASB ~ .
judgment-declaring the position. of 30E MITCHELL,
on the City Council of-the City of Denton, Texas, vacant; that this Honorablwi
t.
appoint trusties to serve In such positions until such time as such-
Court, Positions are filled in the manner provided by law; that this Honorable
enter an order requiring the Defendants to file a sworn accrtunting of the
amounts of 4xcess rates for water and sewer -services- collected by the Defend-- ,y
ants under, the provisions of the purported ordinance herein alleged; that
judgment be Entered herein against Defendants, jointly and severally, for the y
x
individual customers and consumers of services frog the municipally owned water
and sewer systems.in'an amount three times thc* :mount of excess charges collect
ed under"the purpox ordinance hereinsbove alleged. together with remsoo.~zn
1 attorney's fees: f<±s costs of Court, and for such other relief. both general
and special, in egaity and in law, to which Plaintiffs may shor::,-hemselves'-ta
•entitlCd.
be justly
Respectfully suboiitted•,
Ir r.
-3-
NO. 78-1462-A
121 ~e~ 'L~OQ
Yd. - E1C£L
DON EDWARDS X IPI THE DISTRICT COURT OF'
X DENTON COUNTyr TE}G►s a
,
yn
CITY OF , DEN^"ON. - TM9LS . X 16TH JUDICIAL DISTRICT
JUDGMENT
On the 4th day of January, 19790, came on to be heard the above
styled cause wherein Don Edwards is plaintiff and the city of Denton,- -
Texas is defendant. {
The City` of Denton :`Texas, having filed a motion for summary
judgment artd said"motion-for summary judgment having. men duly set•
by the Court for hearing and copies of said motion and other do==,
'el
meats-having proper2~► been served on plaintiff and due and proper
notice° of said-hearing-having been given to plaintiff, all parties
r.
appeared on the above mentioned date, by and through their attorneys`_ nY.
of record, and sand motion for summary judgment of the City of Deatc- .
Texas, was duly4nd,properly presented to the Court.
The Court, baving considered the pleadings, affidavits, and other
instruments on -Me .,herein, and having heard the arguments of counsel,. - -
finds that the law is'wth`the defendant, that there is no genuine
issue as,to any materfal``faict and that defendant,. City of Denton,
exas is entitled'toJjudgment herein as a matter of law.'
It-isr therefore, ORDERED, ADJUDGED AND DECREED that the notion
or sunoary judgment of the City of Denton, Texas should be and said',
tion is :hereby in.au things GRANTED.
It is,' further,' ORDERED.. ADJUDGED AND DECREED that all relies ;
equested by'plaintiff'against defendant is hereby in all things
enied and that ' pla int;=#_" recover notlh ing herein.
It isfurther"ORDERED, AND DECREED that all costs of -
-ADJUDGED
f
urt: herein are. taxPA -against p :,ainzlff for which let execution -
ssue_
_ D. 1979.
SIGI= t2iiZ of Janua,'-vr
h:" 7DISTreIc.T_ JUDGE
r iA
TREASURERS RWIMPT
THE STATE OF TEXAS_
COUNTY OF,DENTQN
CITY OF DENTON
_ k
The cmdersianed hawW certifies as -1ollows:
(a) That this certificate is executed and delivered with reference to that issue of
City of-Denton General. Obligation Bonds,
Series 1979, dated March 15 1979, in the principal amount of S 4.500, 000
(b) That the undersigned is the s4ub- chosen, qualified. and acting Treasures of the issuer of
said Bonds. x
(c) That all of mid Htadsliave-been duly delivered to the parchssers thereof, namely:
,f
FIRST CITY ,gATIOV_-K, BANK OF HOUSTON, HOUSTON, TEXAS x`
(d) That as of said Ze_,ads have-been paid for in full by said purchasers concurrently with the
delivery of thin certificate, and the issuer of said Bonds has received, wad hereby acknowledges
tea;
receipt of; the sQreed;pumhaae`prscs for said Bonds, being the par or principal amount thereof
,x
and armed interest to the date of ?slivery:
;rr
(e) That an interest coupons representing'iaterest scheduled to come due on said Bonds were '
attached tO said `Bonds at the time of delivery` thereof : except that all interest coupons, if any,
scheduled to come due prior to the date of delivery o: j 1d Bonds were detached and cancelled prior
to acid delivery,
E=1 UTED and delivered this
APR 51979
- TREASUREFi
L
CLOSING CERTIFIMTE
CITY OF DENTON
"We, tie undersigned officers of said Cirv, hereby certify
as follows,__ :
Z:.-' That this- certificate i_ e.2cccuted for and on behalf
of said City with-'reference.-to the issuance of the proposed s
CITY- OF DENTON GENERAL OBLIGATION BONDS, SERTF.S 1979, DATED
MARCH" 15,, 1979',. x~;~,the ,principal amount of $4,500,0(1-0, and its
Official 5tatemaA't; with rzspect thereto.-
2- That, to our;. best knowledge and belief
f~3 Scher- descriptions - -=d state ream "-3 of or per
taininq, to;- the` City contai.nzd in its Official State-
meat: 'datedt'-Pe =ary I5, 1979, And any addenda, supple-
men .or.amaendment thereto, for its $4,500,000 General
Obligation Bends; Series 1979 on the date of such
Offici ail - Statement. on' the date of sale of said Bonds
and the.~:acreptance of -.:he nest bid therefor, and on, : -F
the date:..of'the-delr'~.sy, were and are true and correct
in aIZ material respects;►
r..,
(b):: ,tn s.r as, the City and its affairs, includ-
=9 ts~,f#.nanc£aI affairs,' are concerned, such Official
Statement did; r.ot and does. not contain an untrue state- 4r
meni 'of a mat~riaI -fact v _ omit to state a material v Yr;
fact sequd:red to be states-` therein or necessary to md- a ,
the;statements;-°thereia::in the light of the circumstances-
under'which `they were made, not mislead
.t
(c)insofar as the descriptions and statements in-
cludimg : f 'nn r~ ~.l data; of or pertain :ng to entities ;
`_~ther than.`the -City, and their activities contained.n
such- Official' Statement "are concern~al, sach statements
as~d, data, have";been obtained from sources which the City
tieli:eves"Lo be-:reliable--and that the City has no reason
t:o::believe that they. are unt.=-:ae in any material respect:
and
'there has been no material adverse change in
the•financ al._'condition of the City, since September 30, ,
1478, the date of the `last audited financial statement
of the 'City.
SIGNED AND SEALED this APR 51979
-•~s
0000
Cxt'y WeCretiBry 7/r
Mayor
y J/ f
•
LAW pF )CES
M% CALL.PARKHt;RST S HORTON
- MOO MCAGN(TKC 13AN1l BUIlDINO
"owr "ccilk - - DALLAS.TOSAS 75ZO1
•wYL D."ORTO" "11480 rRwwwuRi7(to•IS1s) hy,J
r('{t} W. TART Aw[n Cib(bi'bOSOt CIAR(MCl CROWK 11~ i"21
R.C"A}D G IONTSR APR 5 1007S
` s
CITY OF 'DEDITON GENERAL OBLIGATION BONDS,
SER;-ES 1979, "OA"'...D MARCH 15, 1979, 7N
THE PRINCIPAL AMOUNT OF S4,500,000
AS BOND COUNSEL for the issuer (the "Issuer") of the
bon's described above (the "Bonds"), we have examined into
the legality and validity of the Bonds, which bear interest `=a
from their date, until maturity or redemption, at the fallow- _
iing rates per annum:
maturities 1981, 7.00% xaturities 1991, 5.20%
maturities 1982, 7.00% maturities 1992, 5.20%
maturities 1983, 7.00% maturities 1993, 5.25%
maturities 1984, 6.25% maturities 1994, 3.30% -.--A
maturities 1985, 5.208 :raturities 1995, 5.40%
maturities 1986, 5.15% :maturities 1996, 5.45%
maturities 1987, 5.15% maturities 1997, 5.50%
maturities 1988, 5.15% maturities 1498, 5.50%
maturities 1989, 5.20£ ma1:urit.ies 1999, 5.503
maturities 19-an, 5.20% aatu ities 2000, 5.50%
evidenced by interest coupons payable on MARCH 15, 19R:, and
semiannually thereafter, and maturing serially on XA.RCH 15 in
each of the years 1-981 througl, 2000, and wit; the Bonds being
redE_saable prior to their scheduler: maturities on MARCH 15,
1992, or on any interest payment date thereafter, in accord-
ance with the terms and conditions sated on the fa, -Q of each
of the Bonds. R
WE HAVE EXAXINED the applicable and pertinent provisions _
of the Constitution. and 'Laws of the State of Texas, and a tram
script of cerUified proceedings of the Issuer, and other per-
tinent instruments authorizing and relating to the issua.-i^e of s
the Bonds, :including one of the executed Bonds (Bond No. 2,.
BASED ON SAID EXAMn'aTION, IT IS OUR OPINION that said
Bonds have been authorized, issued, and delivered in accordance
with law, and constitute valid and legally binding obligations 3
of the,Issuer; and that the interest on and r..rincipal of said
Bonds are sayable from ad valorem taxes, within the limit pre-
scribed by law, levied upon all taxable property within the
Issuer.
ALSO, IT IS OUP OPINION that the interest on the Bonds is
exempt from Federal`Income Taxes under existing statutes, regu-
lations, rulings, and court decisions.
WE HAVE AC.= AS BOPID COCPISEL for the Issuer for the sole
purpose of reneging an opinion with respect to the legality
and validity of the Bonds under the Constitution and laws of
the State of Texas, and with respect to }e exemption of t.*,e
interest on the B%_xds From Federal _ncoce Taxes, and for no
other reason or pu_*pose. Ve have not been requested to in-
vesti;ate or ver%fy,,jnd have not independently investigated
or ':erifled, any records, date, cs oth.ar material relating to
the financial condition or. capabi?.ant=Zs of the Issuer, and
have not assumed .any;'respons;.bi.'ity with respect thereto. we
have :-~zlied solely rn certificates executed by officials of
the Issuer a L to e current outsta-:dinq indebtedness of , and
assessed valuation of taxable pznpexty within, the Issuer.
RespectF!ully,
s