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1978-062 ORDINANCE NO 78- ~.~ O_R_DINANCE CALLING A BOND ELECTION THE STATE OF TEXAS 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 of 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 improvements, 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 Clv St Article 6252-17 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS 1 That an election shall be held on DECEMBER 5, 1978, in said Clty at the following designated polling place THE COMMUNITY BUILDING IN THE CIVIC CENTER Said City shall constitute a s~ngle election prec!nct for said electzon, and the following election officers are hereby appoint- ed to hold said election Presiding Judge Lee Knox Alternate Presiding Judge Robert ~ M~ller 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 Alternate Presld~ng Judge shall be one of Such clerks 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 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 Hall and at two other places in saxd City, not less than 15 days prior to theldate set for said election, and a substantial copy of this Ordinance also shall be published on the same day in each of two successive weeks in a newspaper of general circulation published in Said City, the date of the first publication to be not less than 14 days prior to the date set for sa~d election -1- 6 That at said electmon the following PROPOSITION shall be submmtted in accordance with law PROPOSITION Shall the Cmty Council of the Cmty of Denton be authormzed to mssue the bonds of said Cmty, in one or more series or issues, in the aggregate prmnclpal amount of $2,000,000, with the bonds of each such series or issue, respectmvely, to mature serially wmth- 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 maxmmum rates permmtted by law, as shall be determined withmn the discretion of the Cmty Council, for the purpose of the acqulsmtlon of proper- ty and makmng improvements for publmc purposes, to-wit constructing a City Fine Arts Center, and shall said Cmty Councml be authorized to levy and cause to be assessed and collected annual ad valorem taxes mn an amount suffi- cient to pay the annual Interest on samd bonds and pro- vide a sinking fund to pay samd bonds at maturity? 7 That the offmcmal ballots for samd electmon shall be prepared mn accordance wmth the Texas Electmon Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesamd PROPOSITION, with the ballots to contain such provlsmons, markings, and language as requmred by law, and with such PROPOSITION to be expressed substantmally as follows PROPOSITION FOR ) ) THE ISSUANCE OF $2,000,000 OF FINE ) ARTS CENTER BONDS AGAINST ) 8 That mt is hereby found and determined that the prob- able period of usefulness of the proposed mmprovements covered by the aforesamd PROPOSITION is 30 years 9 That Artmcle 9, Sec 9 02 of the City Charter contains the following provision and requires this electmon ordinance to dlstmnctly specmfy "(6) a determmnatlon of the net debt of the Cmty after issuance of the bonds thereby authorized, together wmth a declaratmon that the bonds thereby authormzed wmll be within all debt and other lmmltatmons prescrmb- ed by the Constitution and laws of the State of Texas ", and the determlnatmon is hereby made that the net debt of the City after the issuance of the bonds herein proposed to be submmtted will be not more than $17,994,000, and mt is hereby declared that samd general obllgatmon bonds will be wlthmn all debt and other limitations prescrmbed by the Constltutmon and laws of the State of Texas -2- CERTIFICATE FOR ORDINANCE CALLING A BOND ELECTION THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON We, the undersigned officers of sa~d Clty, hereby certify as follows 1 The C~ty Council of sa~d C~ty convened ~n SPECIAL MEETING ON THE 24TH DAY OF OCTOBER, 1978, at the Municipal Building (Clty Hall), and the roll was called of the duly constituted offlcers and members of sa~d C~ty Council, to-w~t Brooks Holt, C~ty Secretary Joe M~tchell, Mayor B~ll Nash Dlck Stewart El~nor Hughes Mary Claude Gay and all of sa~d persons~3~ere present, except the following absentees ~o~ , thus constituting a quoruln Whereupon, among other business, the following was transacted at said Meeting a wrltten ORDINANCE CALLING A BOND ELECTION was duly lntroduced for the consideration of sa~d City Council and read ~n full It was then duly moved and seconded that said Ordlnance be passed, and, after due discussion, sa~d mo- tion, carrying with ~t the passage of sa~d Ordinance, preva~l- ed and carried by the following vote AYES All members of sald 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 ~n the above and fore- golng paragraph is attached to and follows this Certlflcate, that sald Ordinance has been duly recorded ~n said City Council's minutes of said Meetlng, that the above and foregoing paragraph Ks a true, full, and correct excerpt from said Clty Council's mlnutes of sald Meeting pertaln~ng to the passage of said Ordi- nance, that the persons named in the above and foregolng para- graph are the duly chosen, quallfled, and acting officers and members of sald City Council as lndlcated therein, that each of the officers and members of sa~d C~ty Councll was duly and suffi- ciently notlfled officially and personally, in advance, of the t~me, place, and purpose of the aforesaid Meeting, and that sa~d Ordlnance would be introduced and cors~dered for passage at sa~d Meetlng, and each of sa~d officers and members consented, ~n ad- vance, to the holding of said Meeting for such purpose, and that sald Meeting was open to the public, and public notice of the tame, place, and purpose of sa~d meeting was g~ven, all as re- quired by Vernon's Ann Clv St Artlcle 6252-17 3 That the Mayor of sa~d City has approved, and hereby approves, the aforesald Ordinance, that the Mayor and the C~ty Secretary of sald City have duly signed said Ordinance, and that the Mayor and the City Secretary of said City hereby de- clare that their signing of th~s Certificate shall constitute the slgnlng of the attached and following copy of said Ordinance for all purposes 4th day of 1978 (SEAL) .......... We, the undersigned, being respectively the C~ty Attorney and the Bond Attorneys of the C~ty of Denton, Texas, hereby cer- tify that we prepared and approved as to legality the attached and followlng Ordlnance prior to ~ts passage as aforesaid Bond Attorneys