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ORD CC 03/10/1970 - Ordering bond electionAN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF HUNTSVILLE, TEXAS, ON THE PROPOSITION OF EXPENDING THE UNEXPENDED FUNDS DERIVED FROM THE SALE OF THE $393,000 CITY OF HUNTSVILLE, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1965, FOR THE PURPOSE OF CONSTRUCTING A SWIMMING POOL WITH RELATED RECREATIONAL FACILITIES, WITHIN SAID CITY; DESIGNATED THE PLACES AT WHICH SAID ELECTION IS TO BE HELD; AND APPOINTING PRESIDING OFFICERS THEREOF, WHEREAS, pursuant to an election held within the City of Huntsville, Texas, on the 6th day of April, 1965, and to an ordinance adopted by the City Council of said City on the 1st day of June, 1965, the following bonds of said City were issued: City of Huntsville, Texas, General Obligation Bonds, Series 1965, dated July 1, 1965, numbered from 1 to 323, both inclusive, in the denomination of $1,000 each, aggregating $323,000, maturing serially on July 1 in each of the years 1966 to 1993, both inclusive; and WHEREAS, $95,000 of said bonds were issued for the purpose of purchasing and /or improving lands for park purposes, to -wit; a swimming pool and bath house, with related facilities, at Immancip ation Park and at South Side Park, both within said City; and WHEREAS, all of said Series 1965 bonds were sold and delivered to the purchasers thereof in accordance with law and all bonds which have not matured according to their terms are presently outstanding; and WHEREAS, the proceeds derived from the sale of said $95,000 bonds have been used only for incidental expenses in connection with the issuance and sale of said bonds and the balance of said unexpended funds is in excess of $90,000; and WHEREAS, said unexpended funds have not been expended for the reason that the purposes for which said $95,000 bonds were issued have been abandoned; and WHEREAS, Article 703b, Vernon's Texas Civil Statutes, authorizes the governing body of an incorporated city, in such instances, to call and hold an election for the purpose of submitting to the qualified voters of said city the proposition of whether or not such unexpended funds or proceeds may be expended for other and different purposes; and WHEREAS, there is a need in said City for a swimming pool and related recreational facilities; and WHEREAS, the City Council of said city has determined, and hereby determines, that an election should be ordered and held on the proposition of whether the unexpended funds mentioned above may be expended for the purpose of purchasing and /or improving lands for park purposes, to-wit ° a swimming pool and related recreational facilities, within said city; Now, Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: Section le That an election be held in and throughout the City of Huntsville, Texas, on the 4th day of April, 1970, b"tween the hours of 7x00 a.,m, and 7:00 porno, at which the following proposition shall be submitted° PROPOSITION SHALL THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, BE AUTHORIZED TO EXPEND THE UNEXPENDED FUNDS DERIVED FROM THE SALE OF THE 5323,000 CITY OF HUNTSVILLE, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1965, FOR THE PURPOSE OF PURCHASING AND /OR IMPROVING LANDS FOR PARK PURPOSES, TO—WIT: A SWIMMING POOL AND RELATED RECREATIONAL FACILI- TIES, WITHIN SAID CITY, AS AUTHORIZED BY THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, INCLUDING PARTICULARLY ARTICLE 703b, VERNON'S TEXAS CIVIL STATUTES? Section 2: Said election shall be held in the four election precincts of the City, being the four wards of the City heretofore established and described by natural or artificial boundaries or survey lines by order adopted by the City Council of the City of Huntsville, Texas, and duly set out in these minutes, and at the respective polling places hereinafter stated, The following named persons are hereby appointed officers of said election at said polling Places, respectively: Ward Polling Election No, Place Officers 1 2 3 14 County Village Mrs, Eunice Gilpin Presiding Judge Mrs. Alice Howard Alternate Presiding Judge Fire Station Mrs. Margie Golden Presiding Judge Mrs. Marjorie Ray Alternate Presiding Judge Huntsville National Bank Mrs. Ethel Rikard Presiding Judge Mrs, Ma Kirk Alternate Presiding Judge National Guard Mrs, Norma Ramage Armory Presiding Judge Mrs, Peggy Krcesche Alternate Presiding Judge Each Presiding Judge shall appoint two qualified voters who are residents of his respective precinct to serve as election clerks and shall appoint, as many additional clerks as he deem:; necessary for the proper iondncl of ine electron in said precinct, not to exceed the maximum number of four, Section 3: Voting in said election shall be by use of paper ballots which shall conform to the requirements of the Election Code of the State of Texas, and have printed thereon the following: OFFICIAL BALLOT [ ] FOR ) THE EXPENDING OF THE UNEXPENDED APPROXIMATELY ) $95,000 PROCEEDS DERIVED FROM THE SALE OF ThE $323,000 CITY OF HUNTSVILLE, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1965, FOR THE PURPOSE OF PURCHASING AND /OR IMPROVING LANDS FOR PARK PURPOSES, TO -WIT: A SWIMMING POOL AND RELATED [ ] AGAINST ) RECREATIONAL FACILITIES WITHIN THE CITY.. The voters shall vote on the proposition by placing an "X" in the square beside the statement indicating the way he wishes to vote, Absentee voting shall be conducted by Frank .1., Robinson, Jr,, and the place at which absentee voting shall be conducted is designated as the Office of the City Secretary In the City Rosiness office, Huntsville, Texas, which ,s also the absentee voting clerk's mailing address to which ballot applications and ballots voted by mail may be sent. Said Secretary shall keep his office open for at least eighi (8 noirs; that is, from 8 :00 a.m. to 500 p.rn.. on each day for absentee voting which is not a Saturday, a Sunday, or an off1c ai State holiday. Section 4: The election shall be held and conducted and returns made to this City Council in accordance with the Election Code of the State of Texas. Section 5: It is hereby found that certain recent decisions of the Supreme Court of the United States of America may have created uncertainty as to the lawful manner of calling and conducting said election; therefore, said election shall be called, held and conducted as two separate but simultaneous elections, to -wit: one election at which only the resident, qualified electors of the District who own taxable property within the District and who have rendered the same for taxation shall be entitled to vote on the pro- position and another election at which all resident, qualified electors of the District shall be entitled to vote on the pro- position. The votes cast at each of said separate simul- taneous elections shall be recorded, returned and canvassed separately. Section 6: Notice of said election shall be given by posting a copy of a notice containing a substantial copy of this Resolution at the City Hall and at a public place within each of the election precincts not less than fourteen (14) days prior to the date on which said election is to be held, and by publication of said notice on the same day in each of two consecutive weeks in The Huntsville Item, a news- paper published in, and of general circulation within, the City of Huntsville, the first of said publications to be made not later than fourteen (14) day to the date set for said election. PASSED AND APPROVED this /0 day of eleAd 19700 /s/ Weldon Coleman City Secretaty, City of Huntsville, Texas (SEAL) /s/ W. Ben Blalock, Jr. ly�Y/ ! , Mayor, City H of d lle, Texas THE STATE OF TEXAS § COUNTY OF WALKER § I, the undersigned, City Secretary of the City of Huntsville, Texas, certify that the attached and foregoing is a true and correct copy of an ordinance adopted by the City Council of said City, together with an excerpt from the minutes of the meeting at which said ordinance was adopted showing the adoption thereof, as same appears of record in the official minutes of said City Council on file in my office. I do further certify that said meeting was open to the public as required by law, that written notice of the date, place and subject matter of said meeting was posted on a bulletin board located at a place convenient to the public in the City Hall of the City, and that such notice was posted at least three days prior to said meeting. WITNESS MY HAND AND OFFICIAL SEAL OF SAID CITY THIS /O day of i� -z42/ , 1970. (SEAL) C ty Secretary, City of Huntsville, Texas