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RESO CC 07/29/74 - Calling 8-27-74 bond electionRESOLUTION NO. 74 -10 RESOLUTION CALLING BOND ELECTION WHEREAS, the City Council of the City of Huntsville, Texas has determined and does hereby determine that an election should be held in said City on the propositions of issuing City bonds for the purposes hereinafter set forth and the City Council wishes to proceed with ordering such election; Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: Section 1: That an election shall be in and throughout the City of Huntsville, Texas, on the 27th day of August, 1974, at which election there shall be submitted in accordance with law, the following propositions, to -wit: PROPOSITION NO. ONE 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 $300,000 MATURING SERIALLY, IN SUCH INSTALLMENTS AS ARE FIXED BY SAID BOARD OVER A PERIOD OR PERIODS NOT EXCEEDING 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 DETERMINED BY THE CITY COUNCIL OF SAID CITY FOR THE PURPOSE OF CONSTRUCTING PERMANENT IMPROVEMENTS, TO -WIT: IMPROVING, ENLARGING, EXTENDING OR REPAIRING THE CITY'S 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 PRINCI- PAL OF SAID BONDS AS IT MATURES BY PLEDGING THE NET REVENUES 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 BY TAXATION; SAID BONDS TO BE ON A PARITY WITH THE OUTSTANDING FIRST OR SENIOR LIEN BONDS OF SAID CITY, PAYABLE FROM THE OPERATION OF SAID WATER- WORKS AND SANITARY SEWER SYSTEM? PROPOSITION NO. TWO 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 $250,000 MATURING SERIALLY, IN SUCH INSTALLMENTS AS ARE FIXED BY SAID BOARD OVER A PERIOD OR PERIODS NOT EXCEEDING 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 DETERMINED BY THE CITY COUNCIL OF SAID CITY FOR THE PURPOSE OF CONSTRUCTING PERMANENT IMPROVEMENTS, TO -WIT: IMPROVING, ENLARGING, EXTENDING OR REPAIRING THE CITY'S SANITARY SEWER SYSTEM, TO -WIT, SOUTH HUNTSVILLE SEWER LATERALS; 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 IT MATURES BY PLEDGING THE NET REVENUES 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 BY TAXATION; SAID BONDS TO BE ON A PARITY WITH THE OUTSTANDING FIRST OR SENIOR LIEN BONDS OF SAID CITY, PAYABLE FROM THE OPERATION OF SAID WATERWORKS AND SANITARY SEWER SYSTEM? PROPOSITION NO. THREE 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 $1,300,000 MATURING SERIALLY, IN SUCH INSTALLMENTS AS ARE FIXED BY SAID BOARD OVER A PERIOD OR PERIODS NOT EXCEEDING 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 DETERMINED BY THE CITY COUNCIL OF SAID CITY FOR THE PURPOSE OF CONSTRUCTING PERMANENT IMPROVEMENTS, TO -WIT: IMPROVING, ENLARGING, EXTENDING OR REPAIRING THE CITY'S SANITARY SEWER SYSTEM, TO -WIT, NORTH HUNTSVILLE SEWER PLANT; 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 IT MATURES BY PLEDGING THE NET REVENUES FROM THE OPERATION -2- 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 BY TAXATION; SAID BONDS TO BE ON A PARITY WITH THE OUT- STANDING FIRST OR SENIOR LIEN BONDS OF SAID CITY, PAYABLE FROM THE OPERATION OF SAID WATERWORKS AND SANITARY SEWER SYSTEM? Section 2: That the hours during which the polls will be open for voting in said election will be from seven o'clock a.m. to seven o'clock p.m. Section 3: That voting shall be at the following respec- tively designated polling places in each of the following num- bered precincts heretofore or hereafter established and described by natural or artificial boundaries or survey lines by order adopted by the City Council of said City and duly set out in its minutes. The following named persons are hereby appointed officers to conduct said election in the said election precincts, respectively: PRECINCT NO. POLLING PLACE ELECTION OFFICIALS 1 (consisting of Emancipation Park the area within Building Ward No. One) 310 Avenue F 2 (consisting of the area within Ward No. Two) Mrs. Bob Rikard Presiding Judge City Library Ray Lynch 1216 - 14th Street Presiding Judge 3 (consisting of New Fire Station the area within 2202 Sam Houston Ward No. Three) Avenue 4 (consisting of the area within Ward No. 4) University Heights Baptist Church 2400 Sycamore Julie Hanna Presiding Judge Peggy Kroesche Presiding Judge section 4: That it is hereby determined that voting in said election shall be by the use of paper ballots which shall conform to the Election Code of the State of Texas and shall have printed thereon the following: OFFICIAL BALLOT PROPOSITION NO. ONE ( ) FOR ) THE ISSUANCE OF $300,000 ) WATERWORKS SYSTEM REVENUE ( ) AGAINST ) BONDS PROPOSITION NO. TWO ( ) FOR ) THE ISSUANCE OF $250,000 SANITARY ) SEWER SYSTEM (SOUTH HUNTSVILLE ( ) AGAINST ) LATERALS) REVENUE BONDS PROPOSITION NO THREE ( ) FOR ) THE ISSUANCE OF $1,300,000 SANITARY SEWER SYSTEM (NORTH ( ) AGAINST ) HUNTSVILLE SEWER PLANT) REVENUE BONDS The voter shall vote on such propositions by placing an "X" or other clear mark in the square beside the statement indicating the way he wishes to vote on each proposition. Absentee voting shall be conducted by a clerk for absentee voting, namely, Ruth DeShaw, and the place at which absentee voting shall be conducted is designated as the office of the City Secretary in the City Hall, Huntsville, Texas, which is also the absentee voting clerk's mailing address to which ballot applications and ballots voted by mail may be sent. Said clerk shall keep said office open for at least eight (8) hours, that is, from 8:00 a.m. to 12:00 noon and from 1:00 p.m. to 5:00 p.m., on each day for absentee voting which is not a Saturday, a Sunday, or an official State holiday; provided, however, except as authorized by Article 5.05, Subdivision 3d, Texas Election Code, said clerk shall not permit anyone to vote absentee by personal appearance on any day which is not a regular working day for the clerk's office, and under no circumstances shall she permit anyone to vote absentee by -4- A personal appearance at any time when her office is not open to the public. Section 5: That said election shall be held and conducted in accordance with the Constitution and laws of the State of Texas and the Constitution of the United States of America, and all duly qualified resident electors of the City shall be qualified to vote on said propositions. Section 6: That notice of said election shall be given by posting a substantial copy of this resolution at the City Hall and at a public place in each of the election precincts of said City not less than fourteen (14) days prior to the date upon which said election is to be held and by publication of said notice on the same day in each of two (2) successive weeks in the Huntsville Item, the first of s8id publications to be made not later than fourteen (14) days prior to the date set for said election. It is hereby found and declared that the Huntsville Item is a newspaper published in the City of Huntsville, Texas, is of general circulation within said City, and is the official newspaper of said City. PASSED AND APPROVED this the 29th day of July, 1974. Mayor, City of Huntsville, Texas ATTEST: -6( City City Secretary, City of Huntsville, Texas (SEAL) -5- RESOLUTION 74 -10 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, open to the public, on the 29th day of July, 1974, 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: Morris I. Waller John W. Amick Frank H. Moore Andrew Martinez Larry Dickens Paul W. Knox Jack Parker Ralph A. Davis Scott E. Johnson Ruth DeShaw Mayor Councilman Councilman Councilman Councilman Councilman Councilman Councilman Councilman City Secretary and all of said persons were present, except the following absentee(s): Frank H. Moore and Ralph A. Davis , thus constituting a quorum. Where- upon, among other business, the following was transacted at said meeting: a written RESOLUTION CALLING BOND ELECTION was duly introduced for the consideration of said City Council and read 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 shown present above voted "Aye NAYS: None. it 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; that said resolution has been duly recorded in said City Council's minutes of said meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said meeting pertaining to the adoption of said resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified 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 date, hour, place and subject 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 such meeting for such purpose; that said meeting was open to the public as required by law; and that public notice of the date, hour, place and subject of said meeting was given as required by Vernon's Article 6252 -17, as amended: SIGNED AND SEALED the 29th day of July, 1974. C1t .ecretary Mayor (SEAL) NOTICE OF BOND ELECTION TO THE DULY QUALIFIED RESIDENT ELECTORS OF THE CITY OF HUNTSVILLE, TEXAS: NOTICE IS HEREBY GIVEN that an election will be held in and throughout the City of Huntsville, Texas, on the 27th day of August, 1974, pursuant to and in keeping with the.foliowing order adopted by the City Council of the City of Huntsville, Texas, to -wit: