RESO CC 12/06/1971 - Canvassing Election results RESOLUTION CANVASSING RETURNS AND DECLARING
RESULTS OF ELECTION
WHEREAS, it is hereby affirmatively found and declared
that notice of this meeting of the City Council of the City
of Huntsville, Texas, has been given in the manner and for
the 'time required by law; and
WHEREAS, there was held in and throughout the City of
Huntsville, Texas, on the 4th day of December, 1971, an
election at which there was submitted to the duly qualified
resident electors of said City the following propositiono
PROPOSITION
SHALL THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, BE AUTHORIZED TO ISSUE THE REVENUE BONDS OF
SAID CITY IN THE MAXIMUM AMOUNT OF $200,000, MATUR-
ING SERIALLY IN SUCH INSTALLMENTS AS ARE FIXED BY
SAID CITY COUNCIL OVER A PERIOD OR PERIODS, NOT EX-
CEEDING 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 EXCEED
TEN PERCENT (10%) PER ANNUM, ALL AS MAY BE DETER-
MINED BY THE CITY COUNCIL OF SAID CITY FOR THE
PURPOSE OF CONSTRUCTING PERMANENT IMPROVEMENTS,
TO-WIT: . IMPROVING, ENLARGING, EXTENDING OR RE-
PAIRING THE CITY'S 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 PAYMENT OF THE INTEREST
ON SAID BONDS AS IT ACCRUES AND THE PRINCIPAL OF
SAID BONDS AS IT MATURES BY PLEDGING THE NET
REVENUES DERIVED FROM THE OPERATION OF SAID CITY'S
WATERWORKS AND SANITARY SEWER 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 OUT. OF TAXATION; AND THE LIEN OF SAID BONDS
TO BE JUNIOR AND SUBORDINATE IN ALL RESPECTS TO
THE LIEN OF THE OUTSTANDING BONDS OF SAID CITY PAY-
ABLE FROM THE NET REVENUES DERIVED FROM THE OPERA-
TION OF SAID WATERWORKS AND SANITARY SEWER SYSTEM;
PROVIDED, HOWEVER, THAT IF THIS PROPOSITION RE-
CEIVES A MAJORITY OF THE VOTES CAST AT THE ELEC-
TION TO BE HELD THEREON, THE CITY COUNCIL SHALL
NO LONGER BE AUTHORIZED TO ISSUE THE REMAINING
$200,000 SANITARY SEWER SYSTEM REVENUE BONDS VOTED
AT AN ELECTION HELD WITHIN SAID CITY ON NOVEM-
BER 17, 1970?
and
WHEREAS, there were cast at said election:
128 votes by the duly qualified resident electors
of said City, of which number there were caste
FOR THE ISSUANCE OF $200, 000 SANITARY
SEWER SYSTEM REVENUE BONDS 115 votes
AGAINST THE ISSUANCE OF $200,000
SANITARY SEWER SYSTEM REVENUE BONDS 13 votes
MAJORITY FOR THE ISSUANCE OF $200,000
SANITARY SEWER SYSTEM REVENUE BONDS 102 votes
as shown in the official election returns heretofore sub-
mitted to the City Secretary of said City and duly filed
with the City Secretary of said City; and
WHEREAS, said election was called and held in all
respects under and in strict conformity with the Constitu-
tion 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 election held in and throughout
the 'City of Huntsville, Texas, on the 4th day of December,
1971, which election is more particularly described in, the
preamble to this resolution, was duly called and notice
thereof was given and said election was held under and in
strict conformity with law; that the duly qualified resi-
dent electors of said City voted at said election; that due
returns of said election had been made by the proper officers;
that said election has resulted favorably to the issuance
of the bonds described in the preamble of this resolution;
and that a majority of the duly qualified resident electors
of said City voting in said election have voted in favor
of the issuance of such bonds,
Section 2; 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;
prodded, however, that such Bonds are to be payable
from the Net Revenues derived from the operation of the.
City's waterworks and sanitary sewer system, but are to be
junior and subordinate in all respects to the outstanding
bonds of said City payable from the Net Revenues derived
from the operation of its waterworks and sanitary sewer
system, and that the City Council of said City shall no
longer be authorized to issue the remaining $200,000 sanitary
sewer system revenue bonds voted at an election held within
sail City on November 17, 19700
PASSED AND APPROVED this 6th day of December, 19710
/s/ W. Ben Blalock, Jr,
Mayor, City of Huntsville, Texas
ATTEST°
/s/ Frank Jo Robinson, Jr.
Assistant City Secretary,
City of Huntsville, Texas
(SEAL)
i
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,
convened in Regular Session on the 6th day of December, 1971, in
the City Business office, within said City, and the roll was
called of the duly constituted officers and members of the
City Council and the Assistant City Secretary, to-wit:
W. Ben Blalock, Jr. Mayor
Morris I. Waller Alderman and Mayor Pro-Tem
Frank H. Moore Alderman
John W. Amick Alderman
Scott E. Johnson Alderman
Paul W. Knox Alderman
John F. Thompson Alderman
Frank Murray Alderman
Danny R. Billingsley Alderman
Frank J. Robinson, Jr. Assistant City Secretary
and all of said persons were present, except Aldermen Amick,
Billingsley, and Amick, thus constituting a quorum. Whereupon,
among other business, the following was transacted at said
meeting: a
RESOLUTION CANVASSING RETURNS AND DECLARING RESULTS
OF ELECTION
was introduced for. the consideration of said City Council and
rea in full. 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 following vote:
AYES: All members of said City Council present voted "Aye".
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 certifi-
cate; and that said Resolution has been duly recorded in said
Council's minutes of said meeting; that the persons named in
the above and foregoing paragraph are the duly chosen, quali-
fie, and acting officers and members of said Council as indicated
therein; that each of the officers and members of said 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 con-
sidered for adoption at said meeting, and each of said offi-
cers 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 re-
quired by Vernon?s Texas Civil Statutes, Article 6252-17,
as amended.
SI ED AND SEALED the 22nd day of December 1971.
City Secretary "' °"" M� �—
YdIr-
(SEAL)