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HomeMy WebLinkAbout1978-1103 - Ordinance - 03/08/1978THE STATE OF TEXAS COUNTY OF BRAZOS The City Council of the City of College Station, Texas, convened in special session, open to the public and duly noticed in accordance with ARTICLE 6252-17, V.A.T.C.S., as amended, at the regular meeting place thereof in the City Hall, within said City, on the 8th day of March, 1978, with the following members present, to -wit: Lorence L. Bravenec Mayor Gary M. Halter Councilman Lane B. Stephenson Councilman Larry J. Ringer Councilman J. R. Gardner Councilman Ms. Anne Hazen Councilman James H. Dozier Councilman and the following members absent, to -wit: %V 04 C' , when, among other business, the following was transacted, to -wit: The Mayor introduced an ordinance which was read in full. Councilman C t L T moved that the or- dinance be adopted as read. Councilman l4tl&r seconded the motion for adoption of said ordinance. The motion, carrying with it the adoption of the ordinance, pre- vailed by the following vote: Noe AYES: /T�� b✓ecE,, NOES: The Mayor thereupon announced that the motion had duly and lawfully carried and that the ordinance had been duly and lawfully adopted. The ordinance thus adopted follows: 0 ORDINANCE NO. 1/03 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: 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; City of College Station, Texas, Utility System Revenue Bonds, Series 1973, originally issued in the principal amount of $500,000; and City of College Station, Texas, Utility System Revenue Bonds, Series 1976, originally issued in the principal amount of $3,000,000. and WHEREAS, it is provided in the ordinances authoriz- ing 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 Waterworks System and Sanitary Sewer System of said City, and the City Council has determined, and hereby determines, that propositions for the issuance of additional revenue bonds for such purposes should be submitted at an election, as hereinafter provided', Ordinance No. 1103 said bonds to be payable 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, and hereby determines, that the propositions for the is- suance of tax bonds of said City for the purpose of making certain permanent public improvements, as hereinafter pro- vided, should also be submitted at said election; 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 j Jl day of ,r` , 1978, which is not less than fifteen nor more than ninety days from the date of this ordinance, at which election there shall be submitted to the duly quali- fied 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 REVENUE BONDS OF SAID CITY, IN ONE OR MORE SERIES, IN THE AGGREGATE PRINCIPAL AMO 'tr $5,300,000, MATURING SERIALLY WITHIN 25 YEARS FROM THEIR DATE OR DATES AND BEARING INTEREST AT A RATE OR RATES NOT TO EXCEED THE MAXIMUM NOW AUTHORIZED BY LAW, ALL AS SHALL BE DETERMINED BY SAID CITY COUNCIL, FOR THE PURPOSE OF EXTEND- ING AND IMPROVING THE CITY'S EXISTING WATERWORKS SYSTEM; SAID BONDS TO BE ISSUED IN ACCORDANCE WITH AND SECURED IN THE MANNER PROVIDED IN ARTICLES 1111 TO 1118, BOTH INCLUSIVE, 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 THE NET REVENUES FROM THE OPERATION OF THE CITY'S WATERWORKS SYSTEM, SANITARY SEWER SYSTEM AND ELECTRIC LIGHT AND POWER SYSTEM; EACH BOND TO BE CONDITIONED THAT THE HOLDER THEREOF SHALL NEVER HAVE THE RIGHT TO DEMAND PAYMENT OF SAID OBLI- GATION 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? � r•�: 1 Ordinance No. 1103 PROPOSITION NO. 2 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 $845,000, 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 AUTHORIZED BY LAW, ALL AS SHALL BE DETERMINED BY SAID CITY COUNCIL, FOR THE PURPOSE OF EXTEND- ING AND IMPROVING THE CITY'S EXISTING SANITARY SEWER SYSTEM; SAID BONDS TO BE ISSUED IN ACCORDANCE WITH AND SECURED IN THE MANNER PROVIDED IN ARTICLES 1111 TO 1118, BOTH INCLUSIVE, 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 THE NET REVENUES FROM THE OPERATION OF THE CITY'S WATERWORKS SYSTEM, SANITARY SEWER SYSTEM AND ELECTRIC LIGHT AND POWER SYSTEM; EACH BOND TO BE CONDITIONED THAT THE HOLDER THEREOF SHALL NEVER HAVE THE RIGHT TO DEMAND PAYMENT OF SAID OBLIGA- TION 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. 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 $530,000, MATURING SERIALLY WITHIN 25 YEARS FROM THEIR DATE OR DATES AND BEARING INTEREST AT A RATE OR RATES NOT TO EXCEED THE MAXIMUM NOW AUTHORIZED BY LAW, ALL AS SHALL BE DETERMINED BY SAID CITY COUNCIL, FOR THE PURPOSE OF MAKING PERMANENT 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 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 $1,810,000, MATURING SERIALLY WITHIN 25 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT A RATE OR RATES NOT TO EXCEED THE MAXIMUM NOW 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 $680,000, MATURING SERIALLY WITHIN 25 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT A RATE OR RATES NOT TO EXCEED THE MAXIMUM NOW AUTHORIZED BY LAW, ALL AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, -3- Ordinance No. 1103 FOR THE PURPOSE OF CONSTRUCTING OR PURCHASING PUBLIC BUILDINGS, TO -WIT: A POLICE STATION, A FIRE STATION, AND A WAREHOUSE AND.ADDITIONS AND IMPROVEMENTS THERETO, AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN SAID CITY ANNUALLY, SUF- FICIENT 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? 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 elec- tion 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 elec- tion in said election precincts, respectively: (a) In Council District No. 1, the polling place shall be College Hills Elementary School, 101 Williams, and the following named persons shall be the elec- tion officers: Presiding Judge: Mrs. Jay Zal Alternate Presiding Judge: Mrs. Sally Forehand (b) In Council District No. 2, the polling place shall be the A & M Consolidated• Special Services Building, 1330 Jersey Street, Room 13, and the following named persons�`�~ shall be the election officers; Presiding Judge: Mrs. Fred Gardner Alternate Presiding Judge: Mrs. Peggy Owens (c) In Council District No. 3, the polling place shall be the Lincoln Center. 1010 Eleanor Street, and the following named persons shall be the election officers: Ordinance No. 1103 Presiding Judge: Mrs. Helen Hawkins Alternate Presiding Judge: Mr. G. W. Litton (d) In Council District No. 4, the polling place shall be South Knoll Elementary School, 1220 Boswell Street, and the following named persons shall be the election officers; Presiding Judge: Mrs. Fumi Sugihara Alternate Presiding Judge: Mrs. Doris Watson (e) In Council District No. 5, the polling place shall be the Bee Creek Municipal Swimming Pool, 1900 Madison Avenue, and the following named persons shall be the election officers: Presiding Judge: Mrs. Leatrice Bouse Alternate Presiding Judge: Mrs. Sharon Claassen (f) In Council District No. 6, the polling place shall be the College Station Fire Station, 101 Gilcrist Street, and the following named persons shall be the election officers: Presiding Judge: Mrs. G. H. Draper Alternate Presiding Judge: Mrs. Nina Quitta Said Presiding Judges shall appoint as many Clerks as are deemed necessary for the proper conduct of the election, provided such number of Clerks shall be at least two •a4i0klxigt more than eight. 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, located at 1101 Texas Avenue. Said City Secretary shall keep said office open_ for at least eight (Z I 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 or an official State holiday. The procedures for counting n Ordinance No. 1103 any absentee ballots voted by personal appearance and by mail, shall respectively be the same as prescribed for the regular City election on April 1, 1978. Voting in said election, including absentee voting, shall be by the use of substantially the same electronic voting system and procedures as prescribed for the regular City Election on April 1, 1978. Ballots for the election shall conform to the requirements of the Texas Election Code, as amended, and shall have printed thereon the follow- ing (abbreviated 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 space provided beside the statement indicating the way you wish to vote. PROPOSITION NO. 1 /7 FOR THE ISSUANCE OF $5,300,000 WATERWORKS SYSTEM IMPROVEMENT _ AGAINST REVENUE BONDS PROPOSITION NO. 2 /-7 FOR THE ISSUANCE OF $845,000 SANITARY SEWER SYSTEM REVENUE _ AGAINST BONDS PROPOSITION NO. 3 FOR THE ISSUANCE OF $530,000 STREET IMPROVEMENT TAX /% AGAINST BONDS PROPOSITION NO. 4 FOR THE ISSUANCE OF $1,810,000 PARK IMPROVEMENT TAX _ AGAINST BONDS PROPOSITION NO. 5 /-7 FOR THE ISSUANCE OF $680,000 POLICE, r .�E AND Wt%.REHOUSE _ AGAINST BUILDING TAX 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 ®z7©� Ordinance No. 1103 to Texas Data Center, Inc. located at 1705 East 29th 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: 0. M. Holt 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 Itoo 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. (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�bdl:lVts 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 0. M. Holt Section 4. That all election material shall be printed in both English and Spanish, or Spanish translations -7- LIM Ordinance No. 1103 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 fouteen (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 publication to be not less than four- teen (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 8th day of March, 1978. ATTEST: \Ci� Secretary [ SEAL] yor, City of College Station, Texas _$_ V1f/JV •