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RESO CC 10/05/1971 - Canvassing Bond Election RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF BOND ELECTION WHEREAS, there was held in the City of Huntsville, Texas, on the 5th day of October, 1971, an election at which the following propositions : PROPOSITION I SHALL THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, BE AUTHORIZED TO ISSUE THE BONDS OF SAID CITY IN THE MAXIMUM AMOUNT OF $500 ,000, MATURING SERIALLY, IN SUCH INSTALLMENTS AS ARE FIXED BY SAID BOARD OVER A PERIOD OR PERIODS NOT EXCEED- , ING FORTY ( 40) YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT ANY RATE OR RATES AND TO SELL SAID BONDS AT ANY PRICE OR PRICES, PROVIDED THAT THE NET EFFECTIVE INTEREST RATE, AS DEFINED BY ARTICLE 717k-2, VERNON'S TEXAS CIVIL STATUTES, AS AMENDED, ON ANY ISSUE OR SERIES SHALL NOT EX- CEED TEN PER CENT ( 10%) PER ANNUM, ALL AS MAY BE DETERMINED BY THE CITY COUNCIL OF SAID CITY FOR THE PURPOSE OF CONSTRUCTING PERMANENT PUBLIC IMPROVEMENTS, TO-WIT: CONSTRUCTING AND IMPROV- ING THE ROADS, BRIDGES, AND STREETS OF SAID CITY, INCLUDING RELATED DRAINAGE FACILITIES; 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 II SHALL THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, BE AUTHORIZED TO ISSUE THE BONDS OF SAID CITY IN THE MAXIMUM AMOUNT OF $100, 000, MATURING SERIALLY, IN SUCH INSTALLMENTS AS ARE FIXED BY SAID BOARD OVER A PERIOD OR PERIODS NOT EXCEED- ING FORTY (40) YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT ANY RATE OR RATES AND TO SELL SAID BONDS AT ANY PRICE OR PRICES, PROVIDED THAT THE NET EFFECTIVE INTEREST RATE, AS DEFINED BY ARTICLE 717k-2, VERNON'S TEXAS CIVIL STATUTES, AS AMENDED, ON ANY ISSUE OR SERIES SHALL NOT EX- CEED TEN PERCENT (10%) PER ANNUM, ALL AS MAY BE DETERMINED BY THE CITY COUNCIL OF SAID CITY FOR THE PURPOSE OF CONSTRUCTING AND ACQUIRING PERMA- NENT PUBLIC IMPROVEMENTS, TO-WIT: CONSTRUCTING AND EQUIPING A FIRE STATION; AND TO LEVY AN i 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? were submitted in accordance with law; and WHEREAS, said election was held and conducted as two ! separate but simultaneous elections, to-wit : one election i in which only the resident, qualified electors of the Dis- trict who owned taxable property within the District and who had duly rendered the same for taxation were entitled to vote on the propositions and another election at which all resident, qualified electors of the City were entitled to vote on the propositions; and WHEREAS, the votes cast by each of the two classes of voters described above were recorded and returned separately and were as follows : 1 . The resident, qualified electors of the District who owned taxable property within the District and who had duly rendered the same for taxation cast 1863 votes as follows: PROPOSITION I FOR THE ISSUANCE OF $500, 000 STREET IMPROVEMENT BONDS votes AGAINST THE ISSUANCE OF $500, 000 STREET IMPROVEMENT BONDS 457 votes MAJORITY FOR THE (for or against) ISSUANCE OF $500, 000 STREET IMPROVEMENT BONDS 25 votes PROPOSITION II FOR THE ISSUANCE OF $100, 000 FIRE STATION BONDS 589 votes AGAINST THE ISSUANCE OF $100, 000 FIRE STATION BONDS 335 votes MAJORITY FOR THE (for or against) ISSUANCE OF $100, 000 FIRE STATION BONDS 254 votes 2 . All qualified resident electors of the City cast 2029 votes as follows: PROPOSITION I FOR THE ISSUANCE OF $500, 000 STREET IMPROVEMENT BONDS 558 votes w i AGAINST THE ISSUANCE OF $500, 000 STREET IMPROVEMENT BONDS 454 votes MAJORITY FOR THE (for or against) ISSUANCE OF $500, 000 STREET IMPROVEMENT BONDS 104 votes PROPOSITION II FOR THE ISSUANCE OF $100, 000 FIRE STATION BONDS 688 votes AGAINST THE ISSUANCE OF $100, 000 FIRE STATION BONDS 329 votes MAJORITY FOR THE (for or against) ISSUANCE OF $100, 000 FIRE STATION BONDS 359 votes and . WHEREAS, the above totals are shown in the official election returns heretofore submitted to the City Council of the City of Huntsville and filed with the City Secretary of such City; and WHEREAS, the election was called and held in all res- pects under and in strict conformity with the Constitution and laws of the State of Texas and the United States of America; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS : Section 1: That the matters and facts recited in the above preamble of this Resolution are found to be true and correct . Section 2: That the election held in the City on the 5th day of October, 1971, and which is more fully described in the preamble of this Order and which was held and con- ducted as two separate but simultaneous elections, was called and notice thereof given in accordance with law; that the election was held in all respects in conformity with law; that only qualified, resident electors of the City voted at the election; that the votes of the resident, qualified electors of the City who owned taxable property within the City and who had duly rendered the same for taxation, voting at the election, were recorded, returned, and are here canvassed sep- arately from the votes of all resident, qualified electors of the District who voted at the election; that returns of the election have lawfully been made by the proper officers; and that the election has resulted favorably to the issuance of the street improvement bonds and the fire station bonds, as described in the propositions . Section 3 : That the City Council of said City is now authorized to issue all of such bonds described above, and that the City Council is authorized to do any and all things necessary and/or convenient in connection therewith. PASSED AND APPROVED this 5th day of nntn har s 1971. /s/ W. B n Bla oc/� Mayor, City of Huntsv le, Texas ATTEST: o Col mom/, L C �g� -- ity Secretary, City of Huntsville, Texas (SEAL) i I ACKNOWLEDGEMENT OF NOTICE OF SPECIAL MEETING; WAIVER AND RATIFICATION THE STATE OF TEXAS § COUNTY OF WALKER § I acknowledge that the Council received timely and sufficient notice of the special meeting of the City Council of the City of Huntsville, Texas, held on the 5th day of October , 1971, at which a resolution can- vassing the returns and declaring the results of the October 5, 1971, bond election held in and for the City of Huntsville, Texas, was adopted and T_ hereby waive any and all defects or irregularities, if any, relating to said notice and I hereby ratify, adopt and confirm all proceedings had by said Council at said meeting. WITNESS HAND this A,h day of October , 1971. WELDON COLEMAN, CITY SECRETARY CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS § COUNTY OF WALKER § We, the undersigned officers of the City Council of the City of Huntsville, Texas, hereby certify as follows: 1. The City Council of the City of Huntsville, Texas, con- vened in Regular Session, open to the public, on the 5th day of October , 1971, in the City Business Office, within said City, and the roll was called of the duly constituted officers and members of said City Council and the City Secretary, to-wit : W. Ben Blalock, Jr . Mayor John W. Amick Alderman Scott E. Johnson Alderman Marion A. King Alderman, Mayor Pro Tem Paul W. Knox Alderman Thomas N. Mainer III Alderman Frank Murray Alderman Frank A. Vickers Alderman Morris I. Waller Alderman Weldon Coleman City Secretary and all of said persons were present, except the following ab- sentee(s) : None , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF BOND ELECTION was introduced for the consideration of said City Council. It was then duly moved and seconded that said Resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of said Resolution, prevailed and carried by the follow- ing vote: AYES : All members of said City Council present . NOES : None . 2 . That a true, full and correct copy of the aforesaid Resolution adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate; and that said Resolution has been duly recorded in said City Council 's minutes of said meeting; that the persons named in the above and foregoing paragraph are the duly chosen, quali- fied and acting officers and members of said City Council as indicated therein; 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 Resolution would be introduced and considered for adoption at said meeting, and each of said officers and members consented, in advance, to the holding of said meeting for such purpose; that said meeting was open to the public as required by law; and that public notice of the time, place and subject of said meeting was given as required by Vernon's Texas Civil Statutes, Article 6252-17, as amended. SIGNED AND SEALED the 5th day of October , 1971. City Secretary Mayor ^ (SEAL)