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Home My WebLink About1971-0727 - Ordinance - 03/09/1971ORDINANCE NO. 727 THE STATE OF TEXAS COUNTY OF BRAZOS The City Council of the City of College Station, Texas, convened in special session at the regular meeting place thereof in the City Hall, within said City, on -the 9th day of March, 1971, with the following members present, to -wit: D. A. Anderson Mayor Bill J. Cooley Councilman Dr. Cecil 3. Ryan Councilman Joseph J. McGraw Councilman =XXX�XXXX=W= mouZzmexx James H. Dozier Councilman Dan R. Davis Councilman and the following members absent, to -wit: Dr. Q, HRansk�l Councilman when, among other business, the following was transacted, to -wit: The Mayor introduced a resolution which was read in full. Councilman McGraw moved that the resolution be adopted as read. Councilman Davis seconded the motion for adoption of said resolution. The motion, carrying with it the adoption of the resolution, prevailed by the following vote: AYES: Councilmen Cooley, Ryan, McGraw, Dozier and Davis NOES: None The Mayor thereupon announced that the motion had duly and lawfully carried and that the resolution had been duly and lawfully adopted. The resolution thus adopted follows: 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 follow- ing described revenue bond issues of the City of College Station, Texas, constitute the only indebtedness charge- able 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; and 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; and WHEREAS, it is provided in the ordinances au- thorizing the issuance of said outstanding bonds, and in said bonds, that additional revenue bonds may be is- sued 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 Light and Power System of said City, and the City Council has de- termined, and hereby determines, that propositions for the issuance of additional revenue bonds for such pur- poses, respectively, should be submitted at an election, as hereinafter provided, said bonds to be payable from the net revenues derived from the operation of the Water- works 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, I= and hereby determines, that the proposition for the is- suance of tax bonds of said City for the purpose of mak- ing permanent public improvements, to -wit: constructing improvements to the streets in said City, including necessary drainage in connection therewith, should also he 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 6th day of April, 1971, which is not less than fifteen nor more than thirty days from the date of this ordinance, at which election there shall be sub- mitted to the duly qualified resident electors who own taxable property within said City and who have duly ren- dered the same for taxation, for their action thereupon, the following propositions, to -wit: 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 $500,000, 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 OF SAID BONDS AS THEY MATURE? 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 $125,000, 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 AU- THORIZED BY LAW, ALL AS SHALL BE DETERMINED BY SAID CITY COUNCIL, FOR THE PURPOSE OF EXTENDING AND IMPROVING THE CITY'S EXISTING WATERWORKS SYSTEM; # BONDS SUED IN ACCORDANCE WITH AND SECURED IN THE MANNER PRO- VIDED IN ARTICLES 1111 TO 1118, BOTH INCLUSIVE, VERNON'S TEXAS CIVIL STATUTES, AS AMENDED; AND TO SECURE THE PAY - ON # THE PRINCIPAL OF r BONDS THE NET REVENUES FROM THE OPERATION OF WATER- WORKS POWERAND HOLDER THEREOF SHALL NEVER HAVE THE RIGHT TO DEMAND PAY- MENT TAXATION;BE RAISED BY SAID BONDS TO BE ON PARITY IN ALL RESPECTS WITH THE OUTSTANDING BONDSOF SAID CITY PAYABLE FROM THE NET REVENUES OF SAID WATERWORKS SANITARY SEWER SYSTEM AND ELECTRIC LIGHT AND POWER SYS- SHALL O OF • TEXAS, BE AUTHORIZED TO ISSUE THE REVENUE BONDS OF SAID CITY, IN ONE OR MORESERIES, AMOUNT OF $795,000, MATURING SERIALLY WITHIN 30 YEARS FROM DATE OR DATES AND BEARING INTEREST AT RATE OR RATES NOT TO EXCEED THE MAXIMUM NOW AU- THORIZED BY LAW, ALL AS SHALL BE DETERMINED COUNCIL,t AND IMPROVING THE SANITARYCITY'S EXISTING BONDS t BE PRO- VIDED IN ARTICLES # 1118, BOTH INCLUSIVE, VERNON'S STATUTES,TEXAS CIVIL AMENDED; AND SAID B.# ACCRUES PRINCIPAL OF # BONDS AS THEY MATURE NET REVENUES FROM THE OPERATION WATERWORKS SYSTEM, SANITARY SEWER SYSTEM AND ELECTRIC LIGHT AND POWER SYSTEM; EACH BOND TO BE CONDITIONED THAT THE HOLDER DEMANDTHEREOF SHALL NEVER HAVE THE RIGHT TO PAYMENT OBLIGATIONSAID FUNDS OR TO BE RAISED BY TAXATION; AND SAID BONDS TO BE ON 1 OUTSTANDING BONDS OF SAID CITY PAYABLE SANITARYFROM THE NET REVENUES OF SAID WATERWORKS SYSTEM, SEWER SYSTEM AND ELECTRIC LIGHT AND POWER SYSTEM? larjoRiNalm 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 $380,000, 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 AU- THORIZED 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 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 PLEDG- ING 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 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? -3- Section 2: At the same time and at the same places hereinafter set forth, a second election shall be held simultaneously at which said propositions shall also be submitted to the duly qualified resident elec- tors of said City. However, their ballots shall be kept separate and apart from the ballots of the afore- said duly qualified resident electors who own taxable property within said City and who have duly rendered the same for taxation, and the election returns of each such group of electors shall be canvassed separately and in- dependently of each other. Section 3: That said election shall be con- ducted and held in the three City election precincts heretofore established by the Charter and/or by ordi- nance 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 pre- cincts, respectively: (a) In Ward No. 1, the polling place shall be the A&M Consolidated Independent School District Music ROOM, 1300 Jersey Street, and the fol- lowing named persons shall be the election of- ficers: Presiding Judge Dr. L. G. Jones Alternate Presiding Judge Mrs. J. N. Holnigreen (b) In Ward No. 2, the polling place shall be the College Station Fire Station at the corner of Texas and Gilcrest Streets, and the following named persons shall be theelectionofficers: Presiding Judge Mrs. George Draper Alternate Presiding Judge Mrs. E. D. Parnell -4- OILS54 (c) In Ward No. 3, the polling place shall be the old College Station City Hall, 101 Church Street, and the following named persons shall be the election officers: Presiding Judge Mrs. W. D. Lloyd Alternate Presiding Judge Mr. W. H. Freiberger Said Presiding Judges shall appoint as many Clerks as are deemed necessary for the proper conduct of the elec- tion, provided such number of Clerks shall be at least two and not more than four. Section 4: Absentee voting in said election shall be conducted by the City Treasurer, Mrs. Florence Neelley® at her regular office in the City Hall of the City of College Station, Texas. Said City Treasurer shall keep said office open for at least eight (B) 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. Voting in said election, including absentee voting, shall be by the use of paper ballots. Such bal- lots shall conform to the requirements of the Election Code of the State of Texas, Chapter 492, Acts of the 52nd Legislature of Texas, Regular Session 1951, as amended, and shall have printed thereon the following: OFFICIAL BALLOT Place an "X" in the square beside the statement indicating the way you wish to vote. PROPOSITION NO. 1 FOR THE ISSUANCE OF $500,000 STREET IMPROVEMENT TAX BONDS AND THE /_7 AGAINST LEVYING OF THE TAX IN PAYMENT THEREOF -5- 01955 /7 FOR THE ISSUANCE OF $125,000 WATER- WORKS SYSTEM AND IMPROVEMENTS AGAINST REVENUE BONDS PROPOSITION NO. 3 FOR THE ISSUANCE OF $795,000 SANITARY SEWER SYSTEM EXTENSIONS AND IM- AGAINST PROVEMENTS REVENUE BONDS PROPOSITION NO. 4 /7 FOR THE ISSUANCE OF $380,000 ELECTRIC LIGHT AND POWER SYSTEM EXTENSIONS /7 AGAINST AND IMPROVEMENTS REVENUE BONDS Section 5: That notice of said election shall be given by posting a copy thereof containing a substan- tial 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 pub- lishing such notice on the same day in each of two (2) successive weeks in The Bryan Daily 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 Bryan Daily Eagle is a news- paper of general circulation within said City. Section 6: That this ordinance shall take ef- fect and be in full force upon and after its adoption. PASSED AND APPROVED this 9th day of March, 1971. Mayor, City of College Station, Texas ATTEST: City Secretary [SEAL] -6- A956 NOTICE OF BOND ELECTION THE STATE OF TEXAS X COUNTY OF BRAZOS X TO THE DULY QUALIFIED RESIDENT ELECTORS OF THE CITY OF COLLEGE STATION, TEXAS WHO OWN TAXABLE PROPERTY WITHIN SAID CITY AND WHO HAVE DULY RENDERED THE SAME FOR TAXATION: NOTICE IS HEREBY GIVEN that a special election will be held in and throughout the City of College Station, Texas, on the . 6th day of April, 1971, pursuant to and in accordance with the annexed Election Ordinance adopted by the city council, said Ordinance being hereby made a part of this Notice for all intents and purposes. IN WITNESS WHEREOF, I have hereunto signed my name officially and affixed hereto the seal of the city of College Station, Texas, this the 9 th day of March, 1971. Sue Gough City Secretary City of College Station, Texas (SEAL)