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1967-043 ORDINANCE NO 67-~ ORDINANCE CALLING AN ELECTION THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON . WHEREAS, the City Council of sazd City deems it advzsable to issue the bonds of sazd City for the purposes hereznafter staged, and WHEREAS, the probable perzod of usefulness of the proposed improvements covered by each of the PROPOSITIONS hereznafter set forth zs 30 years THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS 1. That an election shall be held zn sazd Czty on the 9th day of December, 1967, at the Communzty Buzldang zn the Czvac Center. Said City shall constztute a szngle Electaon Precinct for said election, and the followzng electaon offzcers are hereby appointed to hold said electzon at the aforesazd Pollzng Place: Jewell Smith, Presiding Judge, and Dan Dudley, Alternate Presadzng Judge Th~ePrssidzng Judge shall appoant not less than two nor more than~ualzfaed electzon clerks to serve and asszst an conductzng said election, provided that if the Presadang Judge named above actually serves at saad electaon as expected, then the Alternate Presiding Judge shall be one of such clerks By approving and signing thas Ordanance the Mayor of sazd City officially confzrms hzs appointment of the aforesazd electzon offzcers to serve at said electzon, and by passing thas Ordznance the Czty Council of sazd CAty approves and concurs zn the appoznt- ment of the aforesaid electaon offzcers 2. That at said electzon the followzng PROPOSITIONS shall be submitted in accordance with law PROPOSITION NO 1 Shall the Czty Counczl of saad Czty be authorzzed ito issue the bonds of sazd City, an one or more serzes or assues, zn the aggregate prlnczpal amount of $15,000,000, with the bonds of each such seraes or assue, respectzvely, ,to mature serially wathzn not to exceed 40 years from thear date, and to bear interest at rates not to exceed 6% per annum, for the purpose of amprovzng and extendang .the Caty's E]ectrzc Light and Power System, wzth saad bonds to be secured by and payable from a lzen on and pledge of the Net Revenues of said C~ty's Electric Laght and Power System? PROPOSITION NO 2 Shall the City Council of said City be authorized to issue the bonds of said Clty~ in one or more series or issues, in the aggregate principal amount of $2~500~000, with the bonds of each such series or lssue~ respectlvely~ to mature serially within not to exceed 40 years from their date, and to bear interest at rates not to exceed 6% per annum, for the purpose of constructing and improving streets in said City, and providing drainage 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 interest on said bonds and provide a s~nklng fund to pay said bonds at maturity? 3. That the official ballots for said election shall be prepared 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 in substant- ially the following form: PROPOSITION NO, 1 FOR ) ) THE ISSUANCE OF ELECTRIC LIGHT AND ) POWER SYSTEM REVENUE BONDS AGAINST ) PROPOSITION NO~ 2 FOR ) ) THE ISSUANCE OF STREET AND DRAINAGE ) GENERAL OBLIGATION BONDS AGAINST ) -2- 4. That only reszdent, qualzfzed electors who own taxable property in said Czty and who have duly rendered the same for tax- ation shall be entitled to vote at sazd electzon 5 That notice of sazd electzon shall be gzven by postzng a substantial copy of thzs Ordznance at the Munzczpal Buzldzng (Czty Hall) and at two other places in sazd Czty, not less than 15 days prior to the date set for said election, and a substantial copy of thzs Ordznance also shall be publzshed on the same day zn each of two successive weeks zn a newspaper of general czrculatzon publzsh- ed ~n sazd Czty, the date of the fzrst publzcatzon to be not less than 14 d~ys przor to the date set for sazd electzon 6. Artzcle 9, Sec 9 02 of the Czty Charter contazns the following provision and requires this electzon ordznance to dzs- t~nctly speczfy. "(6) a determznatzon of the net debt of the Czty after issuance of the bonds thereby authorzzed, to- gether with a declaratzon that the bonds thereby authorized wzll be wzthln all debt and other lzmz- rations prescribed by the Constztut~on and laws of the State of Texas." Artzcle 9, Sec 9 01 (b) provides that "In no event shall revenue bonds be considered an indebtedness of the Czty" Therefore no such determination is required to include the revenue bonds herezn- above submitted As to the general ob]zgatzon bonds herezn proposed to be submitted the determination ~s hereby made that the net debt of the City after the issuance of said bonds wzll be not more than $6,907,500, and it is hereby declared that sazd general oblzgatzon bonds will be withzn all debt and other limitatzons prescribed by the Constitution and laws of the State of Texas. -3- CERIIFICAiE FOR OI~INANCE CALIINC AN ELECIION TH~ STARE OF TEXAS COUNTY O~ DEN%ON CI£Y OF DENTON We, the undersigned officers of said City, hezeby certify as follows 1 f~he~Clty Council of sal~y convened in /f~Z~.~__ MEE%ING ON £HE //_~Z~ DAY OF NOVE~mFR, 196/, at the Mum-iclpai Building, and the roll was called of the duly con- stituted officers and members of said C~ty Council, to-wit Brooks Holt, City Secretary Zeke Martin, Mayor Warren Whltson, Jr J % Jones, Jr L A Nelson Marvin iovel~ss arid all of said persons wer~ present, except the following absentees ..... ~/~__~_-- thus constituting a quorum Whereupon, among other business, the following was transacted at said Meeting a written ORDINANCE CALLING AN ELECTION was duly introduced for the consideration of said City Council and read in full It was then duly moved and seconded that said Ordinance be passed, and, after due discussion, said motion, carrying with it the passage of said Ordinance, prevailed and cazrled by the follow~ lng 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 aforeoa]d Or- dinance passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate, that sa~d Ordinance has been duly recorded zn said City Council's minutes of said Meeting, that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Ordinance, that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein, and that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public as required by law 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 O~dlnance, and that the Mayor and the City Secretary of said City hereby declare that their signing of this Car- tlflcate shall constitute the s~gnlng of the attached and following copy of said Ordinance for all puzposes ~~ALED the~day o~~1~67 ~ C~ty Secretary / ) Mayor (SEAL) ........................... ~ ....................... We, the undersigned, being respectively the City Attorney amd the Bond Attorneys of the C~ty of Denton, Texas, hereby certify that we prepared and approved as to legality the attached and ~ollowlng Ordinance prior to its passage as afor~ld City Attorne~ Bond ~ttorneys