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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 ~ ~-~.- -