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HomeMy WebLinkAbout1981-1272 - Ordinance - 03/05/1981CITY OF COLLEGE STATION, TEXAS Certificate for Bond Election Ordinance #1272 I, the undersigned, City Secretary of the City of College Station, Texas (the "City "), hereby certify as follows: 1. The City Council of the City (the "City Council ") convened in session, open to the public and duly noticed in accordance with Art. 6252 -17, V.A.T.C.S., as amended, at the regular meeting place thereof in the City on March 5th , 1981, and all of the duly constituted officers and members of the City Council, to -wit: Gary M. Halter Roy W. Kelly Robert C. Runnels Larry J. Ringer Patricia B. Boughton Tony Jones James Dozier Mayor Councilman, Councilman, Councilman, Councilwoma Councilman, Councilman, Place Place Place n, Pla Place Place No. 1 No. 2 No. 3 e No. 4 No. 5 No. 6 were present, except Councilman Dozier constituting a quorum. 2. Among other business transacted at such meeting, a written ORDINANCE CALLING BOND ELECTION; PROVIDING AND FIXING DETAILS RELATING THERETO; AND DECLARING THAT SAID ORDINANCE SHALL BE EFFECTIVE IMMEDIATELY UPON ITS ADOPTION (the "Ordinance ") was duly introduced for the consideration of the City Council and read in full. It was then duly moved and seconded that the Ordinance be adopted; and, after discussion, said motion, carrying with it the adoption of the Ordinance, prevailed by the following votes: AYES: Six NOES: none 3. A true, full and correct copy of the Ordinance adopted at such meeting as the same appears of record in the official minutes thereof on file in the offices of the City is attached to and follows this Certificate; and the above and foregoing is a true, full and correct excerpt from the minutes of said meeting relating to the adoption of the Ordinance. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY this the 5th day of March , 1981. City Secretary, City of College Station, Texas [SEAL] ��• . f 'VI ORDINANCE NO. 127 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; *AW,,r' 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; City of College Station, Texas, Utility System Revenue Bonds, Series 1976, originally issued in the principal amount of $3,000,000; and City of College Station, Texas, Utility System Revenue Bonds, Series 1979, originally issued in the principal amount of $6,145,000. and WHEREAS, it is provided in the ordinances authorizing 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, the Sanitary Sewer System and the Electric Utility System of said City, and the City Council has determined, and hereby determines, that propositions for the issuance of additional 033'70 0 revenue bonds for such purposes should be submitted at an election, as hereinafter provided, 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 issuance of tax bonds of said City for the purpose of making certain permanent public improvements, as herinafter provided, 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 4th day of April , 1981, 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 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 REVENUE BONDS OF SAID CITY, IN ONE OR MORE SERIES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $7,850,000, MATURING SERIALLY WITHIN 30 YEARS FROM THEIR DATE OR DATES AND BEARING INTEREST AT A RATE OR RATES NOT TO EXCEED THE MAXIMUM AUTHORIZED BY LAW AT THE TIME OR TIMES SUCH BONDS ARE ISSUED, ALL AS SHALL BE DETERMINED BY SAID CITY COUNCIL, FOR THE PURPOSE OF EXTENDING 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 OBLIGATION OUT OF ANY —2— oi3 *?JL 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. 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 $6,510,000, MATURING SERIALLY WITHIN 30 YEARS FROM THEIR DATE OR DATES AND BEARING INTEREST AT A RATE OR RATES NOT TO EXCEED THE MAXIMUM AUTHORIZED BY LAW AT THE TIME OR TIMES SUCH BONDS ARE ISSUED, ALL AS SHALL BE DETERMINED BY SAID CITY COUNCIL, FOR THE PURPOSE OF EXTENDING 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 OBLIGATTION 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 REVENUE BONDS OF SAID CITY, IN ONE OR MORE SERIES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,185,000, MATURING SERIALLY WITHIN 30 YEARS FROM THEIR DATE OR DATES AND BEARING INTEREST AT A RATE OR RATES NOT TO EXCEED THE MAXIMUM AUTHORIZED BY LAW AT THE TIME OR TIMES SUCH BONDS ARE ISSUED, ALL AS SHALL BE DETERMINED BY SAID CITY COUNCIL, FOR THE PURPOSE OF EXTENDING AND IMPROVING THE CITY'S EXISTING ELECTRIC UTILITY 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 6w 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 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 POIVER2 ___ _ _ SYSTEM? PROPOSITION NO. 4 SHALL THE CITY COUNCIL OF THE CITY OF Ci BE AUTHORIZED TO ISSUE THE TAX BONDS OF MORE SERIES OR ISSUES, IN THE AGGREGATE $5,760,000, MATURING SERIALLY WITHIN 30 DATE OR DATES AND BEARING INTEREST AT A EXCEED THE MAXIMUM AUTHORIZED BY LAW AT DLLEGE STATION, TEXAS SAID CITY, IN ONE OR PRINCIPAL AMOUNT OF YEARS FROM THEIR RATE OR RATES NOT TO THE TIME OR T IVE S UXo 7 -3- SUCH BONDS ARE ISSUED, ALL AS SHALL BE DETERMINED BY SAID CITY COUNCIL, FOR THE PURPOSE OF MAKING PERMANENT PUBLIC IMPROVEMENTS, TO -WIT: CONSTRUCTING IMPROVEMENTS 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. 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 $1,805,000, MATURING SERIALLY WITHIN 30 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT A RATE OR RATES NOT TO EXCEED THE MAXIMUM AUTHORIZED BY LAW AT THE TIME OR TIMES SUCH BONDS ARE ISSUED, ALL AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF CONSTRUCTING OR PURCHASING PUBLIC BUILDINGS, 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 $2,080,000, MATURING SERIALLY WITHIN 30 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT A RATE OR RATES NOT TO EXCEED THE MAXIMUM AUTHORIZED BY LAW AT THE TIME OR TIMES SUCH BONDS ARE ISSUED, ALL AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF IMPROVING THE EXISTING PUBLIC PARKS IN THE CITY, 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.-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 $1,150,000, MATURING SERIALLY WITHIN 30 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT A RATE OR RATES NOT TO EXCEED THE MAXIMUM AUTHORIZED BY LAW AT THE TIME OR TIMES SUCH BONDS ARE ISSUED, ALL AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF PURCHASING 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? Section 2. That said election shall be conducted and held in the seven City election precincts heretofore es- tablished by the Charter and /or by ordinance of the City 4W Council of the City of College Station, wherein said election 03313 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 Polling Place No. 8, the polling place shall be South Knoll Elementary School, 1220 Boswell, and the following named persons shall be the election officers: Presiding Judge: Mrs. Beverly Pedulla Alternate Presiding Judge: Mrs. Sue Melton (b) In Polling Place No. 9, the polling place shall be the A & M Consolidated Special Services Building, 1330 Jersey Street, and the following named persons shall be the election officers: Presiding Judge: Mr. Norm Waggoner Alternate Presiding Judge: Ms. Nadine Billingsley (c) In Polling Place No. 10, the polling place shall be the College Station Central Fire Station, 1101 Texas Avenue, and the following named persons shall be the election officers: Presiding Judge: Mrs. Audrey Bunting Alternate Presiding Judge: Mrs. Ruby Freeman (d) In Polling Place No. 20, the polling place shall be TAMU University Center located on the Texas A&M University Campus, and the following named persons shall be the election officers: Presiding Judge: Mr. Steve McGee Alternate Presiding Judge: Mr. Martin Fox -5- 0433741 (e) In Polling Place No. 21, the polling place shall be the College Station Municipal Building, 101 Church Avenue, and the following named persons shall be the election officers: Presiding Judge: Mr. Ernest Gregg Alternate Presiding Judge: Mrs. Lela Gregg (f) In Polling Place No. 24, the polling place shall be the College Hills Elementary School, 101 Williams, and the following named persons shall be the election officers: Presiding Judge: Ms. Janet Natowitz Alternate Presiding Judge: Ms. Mary A. Johnson (g) In Polling Place No. 31, the polling place shall be the A&M Consolidated High School, 701 West Loop South, and the following named persons shall be the election officers: Presiding Judge: Ms. Nelda Norman Alternate Presiding Judge: Ms. Kathleen Kenefick 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 and not more than four. Section 3. Absentee voting in said election shall be conducted by the City Secretary, Glenn Schroeder, at his regular office in the City Hall of the City of College— " Station, Texas, located at 1101 Texas Avenue, College Station, Texas 77840. Said City Secretary shall keep said office open for at least eight (8) hours, that is from 8:00 A.M. to 5:00 P.M. on each day for absentee voting which is not a Saturday, Sunday, or an official State holiday. The OM-75 am procedures for counting any absentee ballots voted by personal appearance and by mail, shall respectively be the same as prescribed for the regular City election on April 4, 1981. 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 4, 1981. Ballots for the election shall conform to the requirements of the Texas Election Code, as amended, and shall have printed thereon the following (abbreviated to the extent necessary, but a verbatim statement of each proposition shall be displayed at each polling place): OFFICIAL BALLOT ?37M -7- Place a punch hole (mark) in the space provided beside the statement indicating the way you wish to vote. PROPOSITION NO. 1 FOR THE ISSUANCE OF $7,850,000 WATERWORKS SYSTEM IMPROVEMENT AGAINST REVENUE BONDS PROPOSITION NO. 2 C3 FOR THE ISSUANCE OF $6,510,000 SANITARY SEWER SYSTEM REVENUE AGAINST BONDS PROPOSITION NO. 3 FOR THE ISSUANCE OF $2,185,000 ELECTRIC UTILITY SYSTEM Q AGAINST REVENUE BONDS PROPOSITION NO. 4 FOR THE ISSUANCE OF $5,760,000 STREET IMPROVEMENT TAX AGAINST BONDS PROPOSITION NO. 5 FOR THE ISSUANCE OF $1,805,000 PUBLIC BUILDING TAX AGAINST BONDS PROPOSITION NO. 6 FOR THE ISSUANCE OF $2,080,000 PUBLIC PARK IMPROVEMENT TAX AGAINST BONDS ?37M -7- olive -aw PROPOSITION NO. 7 FOR THE ISSUANCE OF $1,150,000 TAX BONDS FOR THE PURCHASE OF AGAINST LAND FOR PARK PURPOSES Room 005 of the Teague Building, Texas A&M University, is hereby established as the Central Counting Station to receive ballots for said election, the ballots to be tabulated and returned to the Office of the City Secretary of the City of College Station. The following persons are hereby authorized and approved as persons employed and designated to handle the ballots, operate the tabulating equipment, and count the %,,, ballots: Presiding Judge: E.E. Burns Alternate Judge: Tony Bockholt 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 Board of Trustees of the A&M Consolidated Independent School District. (c) The City Secretary and designated members of the staff. r (d) The Superintendent and designated members of the staff. (e) The County Judge and members of the Commissioner's Court of Brazos County. (f) The Attorney General of the State of Texas or his authorized representative. (g) The County Clerk of Brazos County. " (h) Candidates for Councilmen and for Trustees. u77 -8- 3 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 Gary Halter (b) Board President John Reagor (c) Board Vice President (d) City Secretary Glenn Schroeder (e) Assistant Board Secretary Nancy Beamer (f) City Manager North Bardell VOPOW (g) Presiding Judge E. E. Burns 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 three other public places 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 publication 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. M LA U3S78 mm PASSED AND APPROVED this 5th day of March 1981. May / City of College Station, Texas ATTEST: ity Secretary [SEAL] K M 03 3 " -10-