RESO CC 02/14/78 - Calling bond electionRESOLUTION NO.
RESOLUTION CALLING BOND ELECTION; PROVIDING DETAILS RE-
LATING TO SAID ELECTION AND CONTAINING OTHER PROVISIONS
RELATING TO SAID 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 elections; And,
WHEREAS, at an election held on the 27th day of August, 1974,
the City Council of the City of Huntsville, Texas, was authorized to
issue $ 1,300,000 bonds for the purpose of constructing permanent
improvements, to-wit: Improving, enlarging, extending or repairing
the City Sanitary Sewer System, to-wit, North Huntsville Sewer Plant:
Said bonds to be payable from the net revenues derived • from the
operation of the City's Water Works and Sanitary Sewer System and to
be on a parity with the outstanding bonds of said City payable from
'the net revenues derived from the operation of the City's Water Works
and Sanitary Sewer System; and,
WHEREAS, on the Z-1-h day of Wovevrvhcr , 1914, the
City Council authorized the issuance of 190,000 of such bonds, leaving
$1,200,000 bonds to be issued, sold, and delivered at a later date when
needed to carry out the voted purposes; and,
WHEREAS, the City Council now desires to issue said remaining
$ 1,200,000 bonds for the voted purpose and in addition to the voted
purpose to authorize the issuance of said remaining $ 1,200,000 bonds
and the proceeds therefrom to include construction, installation, and
'cot% 41 nokrAlk NuhiliAsku,g4ALeocima:
repair of Sanitary Sewer Lateral Lines.in conjunction with and in
addition to, but not in substitution thereof, the voted purposes,
so that said remaining $ 1,200,000 bonds may be used for the voted
purposes and the new additional voted purpose as determined by the
exigencies of said City, said bonds to otherwise be issued as
authorized by law; and,
WHEREAS, ..:he City Council deems it necessary and desirable
that such issue be submitted at an election to be called and held
within said City for the purpose of voting on the proposition of
authorizing .rf additional purpose for the issuing of said
awl
$ 1,200,000 Sanitary Sewer System Bonds^in all other respects as
previously authorized at the election held on August 27, 1974;
Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS:
Section 1: That an election shall be held in and throughout
the City of Huntsville, Texas, on the 7th day of March, 1978,
which date is not less than fifteen (15) nor more than thirty (30)
days from the date of this resolution, at which election,there shall
be submitted in accordance with law, the following propositions;
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 $ 1,400,000 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
WATER WORKS 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 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. TWO
SHOULD THE CITY OF HUNTSVILLE, TEXAS, BE AUTHORIZED
TO ISSUE THE BONDS OF SAID CITY IN THE MAXIMUM AMOUNT OF
$ 600,000, 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 PUBLIC IMPROVEMENTS, TO -WIT: CONSTRUCTING AND
IMPROVING 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 PRIN-
CIPAL OF SAID BONDS AS THEY MATURE?
PROPOSITION NO. THREE
SHALL THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
BE AUTHORIZED TO ISSUE THE BONDS OF SAID CITY IN THE MAXIMUM
AMOUNT OF $ 400,000, MATURING SERIALLY, IN SUCII 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 (1D %) PER ANNUM, ALL AS MAY BE DETERMINED BY THE
CITY COUNCIL OF SAID CITY FOR THE PURPOSE OF IMPROVING, REPLACING,
REPAIRING, AND ENLARGING RECREATIONAL FACILITIES AND EQUIP-
MENT AT EXISTING DESIGNATED CITY PARK 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 NO. FOUR
SHALL THE ADDITIONAL PURPOSE OF CONSTRUCTING, IMPROVING AND
REPAIRING SANITARY SEWER LATERAL LINES FOR THE NORTH HUNTSVILLE
SEWER PLANT BE INCLUDED IN THE VOTED PURPOSES AUTHORIZED WHEN
THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ISSUES THE
REMAINING $1,200,000 BONDS OF THE $1,300,000 BONDS AUTHORIZED
ON AUGUST 27, 1974, SAID $1,200,000 BONDS TO OTHERWISE BE ISSUED
IN EVERY OTHER RESPECT AS PREVIOUSLY AUTHORIZED, 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, PROVIDING 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; 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 WATER WORKS 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 OUSTANDING FIRST OR SENIOR LIEN BONDS OF
SAID CITY, PAYABLE FROM THE OPERATION OF SAID WATER WORKS AND
SANITARY SEWER SYSTEM;
•
( ) FOR
( ) AGAINST
)
)
)
PROPOSITION NO. THREE
THE ISSUANCE OF $400,000
PARKS IMPROVEMENT GENERAL
OBLIGATION (TAX) BONDS
PROPOSITION NO. FOUR
( ) FOR ) AUTHORIZING THE REMAINING
) $1,200,000 OF PREVIOUSLY
) AUTHORIZED $1,300,000 SANITARY
) SEWER SYSTEM (NORTH HUNTSVILLE
) SEWER PLANT) REVENUE BONDS TO
) ALSO BE USED FOR THE ADDITIONAL
) PURPOSE OF LATERAL SEWER LINE
( ) AGAINST ) DEVELOPMENT
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 any-
one to vote absentee by personal appearance at any time when her
office is not open to the public.
Section 5: The 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 said 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.
Section 7: That further, in compliance with the law, the notices
provided for herein shall be published and posted in both the English
and Spanish languages, and the said ballot shall be printed in both
said languages and all provisions of the law relative to bilingual
elections shall apply to said election.
PASSED AND APPROVED this 14th day of February, 1978.
DeSHAW, CITY SECRETARY
CITY OF HUNTSVILLE, TEXAS
(Seal)
4. III
ROVED AS TO 0 '
MARTIN D. COLLEY, CITY A RNEY
I
CITY OF HUNTSVILLE, TEXA
ORRIS I. WALLER, MAYOR
CITY OF HUNTSVILLE, TEXAS