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HomeMy WebLinkAbout1976-1025 - Ordinance - 06/02/1976ORDINANCE NO. #,Z.S_ AN ORDINANCE CALLING BOND ELECTION; PROVIDING AND FIXING DETAILS RELATING THERETO; AND DECLARING THAT SAID ORDINANCE SHALL BE EFFECTIVE IMMEDIATELY UPON ADOPTION WHEREAS, the outstanding bonds of the following described revenue bond issues of the City of College Station, Texas, constitute the only indebtedness chargeable against the net revenues of the City's Waterworks System, Sanitary Sewer System and Electric Light and Power System, to -wit: and City of College Station Waterworks and Sewer System and Electric Light and Power System Revenue Refunding Bonds, Series 1967, dated February 1, 1967, originally issued in the principal amount of $333,000; City of College Station Waterworks and Sewer System and Electric Light and Power System Revenue Bonds, Series 1967, dated February 1, 1967, originally issued in the principal amount of $600,000; City of College Station, Texas, Utility System Revenue Bonds, Series 1971, dated August 1, 1971, originally issued in the principal amount of $800,000; and City of College Station, Texas, Utility System Revenue Bonds, Series 1973, originally issued in the principal amount of $500,000; WHEREAS, it is provided in the ordinances authori- zing the issuance of said outstanding bonds, and in said bonds, that additional revenue bonds may be issued on a parity with said outstanding bonds; and WHEREAS, there is a need for the construction of extensions and improvements to the Electric Light and Power System of said City, and the City Council has determined, and hereby determines, that a proposition for the issuance of additional revenue bonds for such purpose should be submitted to an election, as hereinafter provided, said bonds =to be pay- able from the net revenues derived from the operation of the Waterworks System, Sanitary Sewer System and Electric Light and Power System on a parity with said outstanding bonds; and ' WHEREAS, the City Council has also determined, Ordinance No. 1025 and hereby determines, that the propositions for the is- suance of tax bonds of said City for the purpose of mak- ing certain permanent public improvements, as hereinafter provided, should also be submitted at said election; and WHEREAS, the City levies and collects a tax upon the cost of occupancy of any sleeping room furnished by any hotel in the City as authorized by, and in accordance with the conditions contained in, Article 1269j-4.1, V.A.T.C.S., as amended and although not required by such Article, the City Council wishes to submit to the qualified voters in the City a proposition for the issuance of bonds secured by a portion of such tax revenue as authorized by said Article for the purpose of constructing and equipping a civic center ✓ convention building; and WHEREAS, the City Council wishes to proceed with the ordering of such election; Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: Section 1: That a special election shall be held in and throughout the City of College Station, Texas, on the 29th day of June, 1976, which is not less than fifteen nor more than thirty days from the date of this ordinance, at which election there shall be submitted to the duly qualified resident electors within said City, for their action thereupon, the following propositions, to -wit: PROPOSITION NO. 1 SHALL THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, BE AUTHORIZED TO ISSUE THE TAX BONDS OF SAID CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $370,000, MATURING SERIALLY WITHIN 30 YEARS FROM THEIR DATE OR DATES AND BEARING INTEREST AT A RATE OR RATES NOT TO EXCEED THE MAXIMUM NOW OR HEREAFTER AUTHORIZED BY LAW, ALL AS SHALL BE DETERMINED BY SAID CITY COUNCIL, FOR THE PURPOSE OF MAKING PERMA- NENT PUBLIC IMPROVEMENTS, TO -WIT: CONSTRUCTING IMPROVE- MENTS TO THE STREETS IN SAID CITY, INCLUDING NECESSARY DRAINAGE IN CONNECTION THEREWITH, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN SAID CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL r► OF SAID BONDS AS THEY MATURE? :WM Ordinance No. 1025 m PROPOSITION NO. 2 SHALL THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, BE AUTHORIZED TO ISSUE THE TAX BONDS OF SAID CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $970,000, MATURING SERIALLY WITHIN 25 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT A RATE OR RATES NOT TO EXCEED THE MAXIMUM NOW OR HEREAFTER AUTHORIZED BY LAW, ALL AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF CONSTRUCTING OR PURCHASING PUBLIC BUILDINGS, TO -WIT, A POLICE STATION, A FIRE STATION, AND A WAREHOUSE INCLUDING THE SITES THEREFOR, AND ADDITIONS AND IMPROVEMENTS THERETO, AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN SAID CITY ANNUALLY, SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS THEY MATURE? PROPOSITION NO. 3 SHALL THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, BE AUTHORIZED TO ISSUE THE TAX BONDS OF SAID CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $360,000, MATURING SERIALLY WITHIN 25 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT A RATE OR RATES NOT TO EXCEED THE MAXIMUM NOW OR HEREAFTER AUTHORIZED BY LAW, ALL AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF CONSTRUCTING ADDITIONS AND IMPROVEMENTS TO THE CITY HALL, AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN SAID CITY ANNUALLY, SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS THEY MATURE? PROPOSITION NO. 4 SHALL THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, BE AUTHORIZED TO ISSUE THE TAX BONDS OF SAID CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $425,000, MATURING SERIALLY WITHIN 25 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT A RATE OR RATES NOT TO EX- CEED THE MAXIMUM NOW OR HEREAFTER AUTHORIZED BY LAW, ALL AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF PURCHASING AND/OR IMPROVING LAND FOR PARK PURPOSES, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN SAID CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS THEY MATURE? PROPOSITION NO. 5 SHALL THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, BE AUTHORIZED TO ISSUE THE TAX BONDS OF SAID CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,475,000, MATURING SERIALLY WITHIN 25 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT A RATE OR RATES NOT TO EX- CEED THE MAXIMUM NOW OR HEREAFTER AUTHORIZED BY LAW, ALL AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF EXTENDING AND IMPROVING THE CITY'S EXISTING WATERWORKS SYSTEM, AND TO LEVY TAXES UPON ALL.TAXABLE PROPERTY WITHIN SAID CITY ANNUALLY, SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS THEY MATURE? ----- PROPOSITION NO. 6 SHALL THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, BE AUTHORIZED TO ISSUE THE TAX BONDS OF SAID CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,040,000, MATURING SERIALLY WITHIN 25 YEARS FROM THEIR 3- 0"" Ordinance No. 1025 m DATE OR DATES, AND BEARING INTEREST AT A RATE OR RATES NOT TO EXCEED THE MAXIMUM NOW OR HEREAFTER AUTHORIZED BY LAW, ALL AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF EXTENDING AND IMPROVING THE CITY'S EXISTING SANITARY SEWER SYSTEM, AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN SAID CITY ANNUALLY, SUFFI- CIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS THEY MATURE? PROPOSITION NO. 7 SHALL THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, BE AUTHORIZED TO ISSUE THE TAX BONDS OF SAID CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,725..000, MATURING SERIALLY WITHIN 25 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT A RATE OR RATES NOT TO EX- CEED THE MAXIMUM NOW OR HEREAFTER AUTHORIZED BY LAW, ALL AS SHALL BE DETERMINED BY SAID CITY COUNCIL, FOR THE PURPOSE OF EXTENDING AND IMPROVING THE CITY'S EXISTING ELECTRIC LIGHT AND POWER SYSTEM, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROP- ERTY WITHIN SAID CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS THEY MATURE? PROPOSITION NO. 8 SHALL THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, BE AUTHORIZED TO ISSUE THE REVENUE BONDS OF SAID CITY, IN ONE OR MORE SERIES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $3,000,000, MATURING SERIALLY WITHIN 30 YEARS FROM THEIR DATE OR DATES AND BEARING INTEREST AT A RATE OR RATES NOT TO EXCEED THE MAXIMUM NOW OR HEREAFTER AUTHORIZED BY LAW, ALL AS SHALL BE DETERMINED BY SAID CITY COUNCIL, FOR THE PURPOSE OF EXTENDING AND IMPROVING THE CITY'S EXISTING ELECTRIC LIGHT AND POWER SYSTEM; SAID BONDS TO BE ISSUED IN ACCORDANCE WITH AND SECURED IN THE MANNER PRO- VIDED IN ARTICLES 1111 TO 1118, BOTH INCLUSIVE, VERNON'S TEXAS CIVIC STATUTES, AS AMENDED; AND TO SECURE THE PAYMENT OF THE INTEREST ON SAID BONDS AS IT ACCRUED AND THE PRINCIPAL OF SAID BONDS AS THEY MATURE BY PLEDGING THE NET REVENUES FROM THE OPER- ATION OF THE CITY'S WATERWORKS SYSTEM, SANITARY SEWER SYSTEM AND ELECTRIC LIGHT AND POWER SYTEM; EACH BOND TO BE CONDITIONED THAT THE HOLDER THEREOF SHALL NEVER HAVE THE RIGHT TO DEMAND PAY- MENT OF SAID OBLIGATION OUT OF ANY FUNDS RAISED OR TO BE RAISED BY TAXATION; AND SAID BONDS TO BE ON A PARITY IN ALL RESPECTS WITH THE OUTSTANDING BONDS OF SAID CITY PAYABLE FROM THE NET REVENUES OF SAID WATERWORKS SYSTEM, SANITARY SEWER SYSTEM AND ELECTRIC LIGHT AND POWER SYSTEM? PROPOSITION NO. 9 SHALL THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS BE AUTHORIZED TO ISSUE THE REVENUE BONDS OF SAID CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $500,000, MATURING SERIALLY WITHIN 25 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT A RATE OR RATES NOT TO EX- CEED THE MAXIMUM NOW OR HEREAFTER AUTHORIZED BY LAW, ALL AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF ACQUIRING SITES FOR AND CONSTRUCTING, IM- PROVING, ENLARGING, EQUIPPING, OPERATING AND MAINTAINING CON- VENTION CENTER FACILITIES INCLUDING, BUT NOT LIMITED TO, A CIVIC CENTER CONVENTION BUILDING; SAID BONDS TO BE ISSUED IN M -4- Ordinance No. 1025 ACCORDANCE WITH AND SECURED IN THE MANNER PROVIDED IN ARTICLE 1269j-4. 1, VERNON'S TEXAS CIVIL STATUTES, AS AMENDED; AND TO SECURE THE PAYMENT OF THE INTEREST ON SAID BONDS AS IT ACCRUES AND THE PRINCIPAL OF SAID BONDS AS THEY MATURE BY PLEDGING A PORTION OF REVENUE FROM THE CITY'S HOTEL OCCUPANCY TAX; EACH BOND TO BE CONDITIONED THAT THE HOLDER THEREOF SHALL NEVER HAVE THE RIGHT TO DEMAND PAYMENT OF EITHER THE PRINCIPAL OF OR INTEREST ON SUCH BONDS OUT OF FUNDS RAISED OR TO BE RAISED BY TAXATION, EXCEPT FOR SUCH OCCUPANCY TAX? Section 2: That said election shall be conducted and held in the six City election precincts heretofore es- tablished by the Charter and/or by ordinance of the City Council of the City of College Station, wherein said election precincts are described by natural or artificial boundaries or survey lines, and that the respective polling places in said election precincts and the following named persons are hereby appointed officers to conduct said election in said election precincts, respectively: (a) In County Voting Precinct No. 8, the polling place shall be South Knoll Elementary School, 1220 Boswell Street, and the following named persons shall be the election officers: Presiding Judge Julia H. Phillips Alternate Presiding Judge Lonnie Jones (b) In County Voting Precinct No. 9, the polling place shall be the A & M Consolidated I.S.D. Special Ser- vices Building, 1330 Jersey Street, Room 113, and the following named persons shall be the election officers: Presiding Judge E. E. Burns Alternate Presiding Judge Anton J. Bockholt (c) In County Voting Precinct No. 10, the polling place shall be the College Station Fire Station, 101 Gil- crist Street, and the following named persons shall be the election officers: Presiding Judge Edith Menefee Alternate Presiding Judge Mrs. Russell D. Larsen -5- a,'. 1 Ordinance No. 1025 23 (d) In County Voting Precinct No. 20, the polling place shall be the TAMU'University Center, Joe Routt Blvd .,and the following named persons shall be the election officers: Presiding Judge Jody Smothers Alternate Presiding Judge Sharon Scudday (e) In County Voting Precinct No. 21, the polling place shall be the College Station Municipal Bldg., 101 Church Street, and the following named persons shall be the election officers: Presiding Judge Mrs. Charles Hall Alternate Presiding Judge Ernest Gregg (f) In County Voting Precinct No. 24, the polling place shall be the College Hill Elementary School, 101 Williams, and the following named persons shall be the election officers: Presiding Judge Mrs. George H. Draper Alternate Presiding Judge Mrs. A. G. Kemler Said Presiding Judges shall appoint as many Clerks as are deemed necessary for the proper conduct of the election, pro- vided such number of Clerks shall be at least two and not more than four. Section 3: Absentee voting in said election shall be conducted by the City Secretary., Mrs. Florence Neelley, at her regular office in the City Hall of the City of College Station, Texas. Said City Secretary shall keep said office open for at least eight (8) hours, that is from 8:00 A.M. to 5:00 o'clock P.M. on each day for absentee voting which is not a Saturday, Sunday, or an official State holiday. The procedures for counting any absentee ballots voted by personal appearance.and by mail, shall respectively be the same as prescribed for the election held in and for the City on April 3, 1976 cr,ana nrnin aRa Desiae Lfle SLdLCltletll. Ordinance No. 1025 s Voting in said election, including absentee voting, shall be by the use of substantially the same electronic voting system and procedures as were used in said City elec- tion on April 3, 1976. Ballots for the election shall conform to the requirements of the Texas Election Code, as amended, and shall have printed thereon the following (ab- breviated to the extent necessary, but a verbatim statement of each proposition shall be displayed at each polling place): OFFICIAL BALLOT Place a punch hole (mark) in the f space provided beside the statement indicating the way you wish to vote. PROPOSITION NO. 1 FOR THE ISSUANCE OF $370,000 STREET _ IMPROVEMENT TAX BONDS AND THE AGAINST LEVYING OF THE TAX IN PAYMENT THEREOF PROPOSITION NO. 2 FOR THE ISSUANCE OF $970,000 POLICE, _ FIRE AND WAREHOUSE BUILDI14G TAX AGAINST BONDS AND THE LEVYING OF THE TAX IN PAYMENT THEREOF PROPOSITION NO. 3 FOR THE ISSUANCE OF $360,000 CITY _ HALL EXPANSION TAX BONDS AND THE AGAINST LEVYING OF THE TAX IN PAYMENT THEREOF —_ PROPOSITION NO. 4 /_7 FOR THE ISSUANCE OF $425,000 PARK _ IMPROVEMENT TAX BONDS AND THE AGAINST LEVYING OF THE TAX IN PAYMENT THEREOF PROPOSITION NO. 5 Z FOR THE ISSUANCE OF $2,475,000 WATERWORKS SYSTEM IMPROVE- / /AGAINST MENT TAX BONDS AND THE LEVYING OF THE TAX IN PAYMENT THEREOF 0 0 111 E,- Z � 1; crc Ordinance No. 1025 PROPOSITION NO. 6 FOR THE ISSUANCE OF $2,040,000 _ SANITARY SEWER SYSTEM IMPROVE- / / AGAINST MENT TAX BONDS AND THE LEVYING OF THE TAX IN PAYMENT THEREOF PROPOSITION NO. 7 FOR THE ISSUANCE OF $2,725,000 ELECTRIC SYSTEM IMPROVEMENT TAX BONDS AND _ AGAINST THE LEVING OF THE TAX IN PAYMENT THEREOF PROPOSITION NO. 8 FOR THE ISSUANCE OF $3,000,000 ELECTRIC SYSTEM IMPROVEMENT _ AGAINST REVE14UE BONDS PROPOSITION NO. 9 FOR THE ISSUANCE OF $500,000 CIVIC _ CENTER CONVENTION BUILDING AGAINST REVENUE BONDS The Council Room in the College Station City Hall is hereby established as the Central Counting Station to re- ceive ballots for said election, the ballots to be transported to Texas Data Center Incorporated located at 114 South Bryan Street, Bryan, Texas, to be tabulated and returned to the Central Counting Station. The following persons are hereby authorized and ap- proved as persons employed and designated to handle the bal- lots, operate the tabulating equipment, and count the ballots: Presiding Judge: Doyle M. Ransom. Clerks: To be named by Presiding Judge. The following State officials and other designated persons are hereby authorized to be present at the Central Counting Station to observe the election counting process. (a) The Mayor and members of the City Council of the City of College Station. (b) The County Judge and members of the Commissioner's Court of Brazos County. (c) The Attorney General of the State of Texas or his authorized representative. (d) Frank Boriskie, County Clerk of Brazos County. Ordinance No. 1025 (e) City Secretary. A committee is hereby established consisting of the following persons to hold a computer accuracy test prior to the start and subsequent to the count of the voted ballots to ascertain that the computer will accurately count the votes cast for the propositions to be voted upon in said election. (a) Mayor Lorence L. Bravenec. (b) City Manager North Bardell. (c) City Secretary Florence Neelley. (d) Presiding Judge Doyle M. Ransom. Section 4: That all election material shall be printed in both English and Spanish, or Spanish translations thereof and/or other assistance shall be provided as required by the Texas Election Code and the Federal Voting Rights Act of 1965, each as amended. Section 5: That notice of said election shall be given by posting a copy thereof containing a substantial copy of this ordinance at the City Hall and at a public place in each of the election precincts within said City not less than fourteen (14) days prior to the date upon which said election is to be held, and by publishing such notice on the same day in each of two (2) successive weeks in The Eagle, the first such publications to be not less than fourteen (14) days prior to the date set for said election. It is hereby found and declared that The Eagle is a newspaper of general circulation within said City. Section 6: That this ordinance shall take effect and be in full force upon and after its adoption. PASSED AND APPROVED this 2nd day of June, 1976. Mayor, City of College Station, Texas ATTEST: City Secretary -9-