1972-016 ORDINANCE NO 72-/~
ORDINANCE CALLING AN ELEC"rION,
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 publzc necessity exists which re-
quxres the holding of the meeting at which thms 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 lmprovements, and that said meeting was open to the public,
and publxc notice of the time, place, and purpose of saxd 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 5~%Y 16, 1972,
said City at the following desxgnated polling place
THE COMMUNITY BUILDING IN THE CIVIC CENTER
Said City shall constitute a single election preclnct for saxd
election, and the following election officers are hereby appomnt-
ed to hold said electmon
Presiding Judge J L CARRICO
Alternate Presxdlng Judge CHARLES ORR
2 That the Presiding Judge shall appoint not less than
two qualified election clerks to serve and assist in conducting
said electxon; provided that if the Presxdmng Judge actually
serves as expected, the Alternate Presiding Judge shall be one
of such clerks.
3 That by approving and s~gnlng thxs Ordinance the Mayor
of said Cmty officially confmrms his appointment of the aforesaid
electxon officers to serve at said elect~on, and by passing this
Ordinance the governing body of saxd C~ty approves and concurs
in the appointment of the aforesamd election offxcers
4 That all resident, qualified electors of said 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 Municipal Building
(City Hall) and at two other places in sa~d City, not less than
15 days prior to the date set for said election, and a substan-
tial copy of th~s Ordinance also shall be published on the same
day in each of two successive weeks in a newspaper of general
circulation published ~n said City, the date of the first publi-
cation to be not less than 14 days prior to the date set for said
election
6 That at said election the following PROPOSITIONS shall
be submitted in accordance with law
PROPOSITION NO 1
Shall the City Council of sa~d City be authorized to
issue the bonds of sa~d C~ty, ~n one or more series or
issues, in the aggregate principal amount of $5,275,000,
with the bonds of each such ser~es or issue, respectively,
to mature serially w~thln not to exceed 40 years from
their date, and to be sold at such prices and bear inter-
est at such rates as shall be determined within the discre-
tion of the City Council, for the purpose of Improving and
extending said C~ty's Waterworks System, with said bonds
to be secured by and payable from a lien on and pledge of
the Net Revenues of said City's Waterworks and Sewer System~
PROPOSITION NO 2
Shall the City Council of said City be authorized to
· ssue the bonds of said City, in one or more series or
issues, in the aggregate principal amount of ~5,725,000,
with the bonds of each such ser~es or ~ssue, respectively,
to mature serially within not to exceed 40 years from
their date, and to be sold at such prices and bear inter-
est at such rates as shall be determined within the discre-
tion of the City Council, for the purpose of improving and
extending said City's Sewer System, with said bonds to be
secured by and payable from a lien on and pledge of the
Net Revenues of said City's Waterworks and Sewer System9
7 That the official ballots for said election shall be pre-
pared in accordance with the Texas Election Code so as to permit
the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITIONS,
which shall be set forth an substantially the following form
PROPOSITION NO 1
FOR )
) THE ISSUANCE OF $5,275,000 OF WATER-
) WORKS SYSTEM REVENUE BONDS
AGAINST )
PROPOSITION NO 2
FOR )
THE ISSUANCE OF $5,725,000 OF SEWER
) SYSTEM REVENUE BONDS
AGAINST )
8 That it is hereby found and determined that the probable
period of usefulness of the proposed improvements covered by
each of the aforesaid PROPOSITIONS is 30 years
9 That Article 9, Sec 9 02 of the City Charter contains
the following provisIon and requires this election ordinance to
distinctly specify
"(6) a determination of the net debt of the City after
issuance of the bonds thereby authorized, together with a
declaration that the bonds thereby authorIzed will be w~th-
in all debt and other l~mltatlons prescribed by the Const~-
%utlon and laws of the State of Texas ", and
Article 9, Section 9 01 (b) provides that "In no event shall
revenue bonds be considered an indebtedness of the City" There-
fore no such determination is required to ~nclude the revenue
bonds herelnabove submitted
~FIDAVIT OF POSTING NOTICE
THE STATE OF TENS
COUNTY OF DENTON
CITY OF DENTON
BEFO~ ME, a notary p~llc in and for the above n~ed
Count, on this day personally appeared the Affiant whose name
· s subscribed below, who, hav~ng been duly sworn, says upon oath
that on ~ ~7, 1972, a true and correct copy of the at-
tached and following NOTICE OF ELECTION was duly posted ~n ~e
above n~ed City at each of the p~llc places as follows
(a) one at the Municipal Building (C~ty Hall),
(b) one at~
(c) one at
SUBSCRIBED AND SWORN TO BEFO~ ME on , ,~ ~, 1972
F Notary Public
My commission expires June 1, 1973
(NOTARY PUBLIC SEAL)
NOTICE OF ELECTION
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
TO THE RESIDENT, QUALIFIED ELECTORS OF SAID CITY
TAKE NOTICE THAT AN ELECTION WILL BE HELD IN
SAID CITY AS PROVIDED IN AN ORDINANCE CALLING
AN ELECTION DULY PASSED BY THE CITY COUNCIL OF
SAID CITY, WHICH ORDINANCE IS SUBSTANTIALLY AS
FOLLOWS
CERTIFICATE FOR
0~ NANCE CALLING AN ELECTIO
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
We, the undersigned officers of said Caty, hereby certafy
as follows
1 The Caty Council of said City convened in
REGULAR MEETING ON THE 25TH DAY OF APRIL, 1972,
at the Munacapal Bulldang (City Hall), and the roll was called of
the duly constatuted offacers and members of saad City Councal,
to-wit
Brooks Holt, City Secretary Bill Neu, Mayor
Bob Chambers Tom D Jester, Jr
Harold L Ramey Hugh M Ayer
and all of said persons were present, except th~ foll__owlng
absentees ,
thus, constatuting a quorum Whereupon, among other business,
the following was transacted at said Meeting a written
ORDINANCE CALLING AN ELECTION
was duly introduced for the consaderataon of saad Caty Councal
and read an full It was then duly moved and seconded that said
Ordanance be passed, and, after due discussion, said motion,
carryang wath at the passage of saad Ordanance, prevaaled and
carried by the following vote
AYESAil members of said Caty Council
shown present above voted "Aye"
NOES None
2 That a true, full, and correct copy of the aforesaid
Ordinance passed at the Meetang descrabed an the above and fore-
goang paragraph as attached to and follows this Certificate,
that saad Ordinance has been duly recorded in sa~d Caty Council's
minutes of said Meetang, that the above and foregoing paragraph
is a true, full, and correct excerpt from said City Council's
minutes of said Meeting pertaining to the passage of saad Ordi-
nance, that the persons named an the above and foregoing parag[aph
are the duly chosen, qualified, and acting offacers and members of
said City Councal as and~cated therein, that each of the officers
and members of saad City Council was duly and suffac~ently noti-
fied officially and personally, in advance, of the time, place,
and purpose of the aforesaid Meetang, and that saad Ordinance
would be antroduced and considered for passage at said Meetlng,
and each of saad officers and members consented, an advance, to
the holdang of saad Meeting for such purpose, and that said Meet-
lng was open to the public, amd public notice of the time, place,
and purpose of said meeting was glven, all as required by Vernon's
Ann Cav St Article 6252-17
3 That the Mayor of saad City has approved, and hereby
approves, the aforesaad Ordinance, that the Mayor and the City
Secretary of said City have duly sagned said Ordlnance, and that
the Mayor and the Caty Secretary of sa~d Caty hereby declare that
thear signing of th~s Certificate shall constatute the signing of
the attached and followang copy of said Ordinance for all pur-
poses
SIGNED AND SEALED the 25t~ day of April, 1972
(SEAL)-- ....................................................... -
We, the undersigned, beang respectively the City Attorney and
the Bond Attorneys of the City of Denton, Texas, hereby certify
that we prepared and approved as to legallt~the attached and
passa foreDa~d
following Ordinance praor to ars ~,~ l ~ ~-~.- -