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ORD 1993-08 - TRA-COH Sanitary Sewer System Facilities Installment Sale Contract 02-16-1993ORDINANCE NO. 93 -08 ORDINANCE AUTHORIZING AND DIRECTING THE EXECUTION OF THE TRINITY RIVER AUTHORITY OF TEXAS - CITY OF HUNTSVILLE SANITARY SEWER SYSTEM FACILITIES INSTALLMENT SALE CONTRACT, PLEDGING AND APPROPRIATING WATERWORKS AND SEWER SYSTEM REVENUES AND LEVYING A CITY AD VALOREM TAX IN CONNECTION THEREWITH, AND PROVIDING FOR THE EFFECT OF SAID ORDINANCE AND CONTRACT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE: SECTION 1 That, for and on behalf of the City of Huntsville, the Mayor of the City of Huntsville is hereby authorized and di- rected to sign, deliver, and otherwise execute, and the City Secretary of the City of Huntsville is hereby authorized and directed to sign, attest, and seal, the Trinity River Authority of Texas - City of Huntsville Sanitary Sewer System Facilities Installment Sale Contract (the "Contract ") in substantially the form and substance attached to this Ordinance and made a part hereof for all purposes. SECTION 2 That, upon its execution by the parties thereto, the Contract shall be binding upon the City of Huntsville in accordance with its terms and provisions; and the revenues of the City's combined waterworks and sewer system are hereby pledged and appropriated to making payments under the Contract as provided therein. SECTION 3 That during each year during the term of said Contract the Council of the City of Huntsville shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce annually the money necessary to make any payments, including indemnities, required to be made by the City under the Contract, and to create a sinking fund of at least 2% as required by Article 11, Section 5 of the Texas Constitution; and said tax shall be based on the latest ap- proved tax rolls of the City, with full allowance being made for tax delinquencies and costs of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the City for each year during the term of the Contract; and said tax shall be assessed and collected for each year and used for making the aforesaid payments to the extent required by the Contract. Said ad valorem taxes sufficient to provide for making the aforesaid payments are hereby pledged irrevocably for such payment, within the limit prescribed by law. SECTION 4 That this Ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained; and all ordinances and resolutions of the City of Huntsville in conflict herewith are hereby amended or repealed to the extent of such conflict. CERTIFICATE FOR ORDINANCE AUTHORIZING AND DIRECTING THE EXECUTION OF THE TRINITY RIVER AUTHORITY OF TEXAS - CITY OF HUNTSVILLE SANITARY SEWER SYSTEM FACILITIES INSTALLMENT SALE CON- TRACT, PLEDGING AND APPROPRIATING WATERWORKS AND SEWER SYSTEM REVENUES AND LEVYING A CITY AD VALOREM TAX IN CONNECTION THEREWITH, AND PROVIDING FOR THE EFFECT OF SAID ORDINANCE AND CONTRACT THE STATE OF TEXAS COUNTY OF WALKER CITY OF HUNTSVILLE We, the undersigned officers of the City of Huntsville, Texas, hereby certify as follows: 1. The City Council of the City of Huntsville convened in REGULAR MEETING ON THE 16th DAY OF FEBRUARY, 1993, at the City Hall, and the roll was called of the duly consti- tuted officers and members of said City Council, to -wit: Danna Welter, City Secretary Dan S. Davis Jim Carter William B. Green JoAnn Matthews W. H. Hodges, Mayor Dave Luning Ila G. Gaines Ronald L. Lange Harold Norton and all of said persons were present, except the following absentees: Mayor W. H. Hodges , thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written ORDINANCE AUTHORIZING AND DIRECTING THE EXECUTION OF THE TRINITY RIVER AUTHORITY OF TEXAS - CITY OF HUNTSVILLE SANITARY SEWER SYSTEM FACILITIES INSTALLMENT SALE CON- TRACT, PLEDGING AND APPROPRIATING WATERWORKS AND SEWER SYSTEM REVENUES AND LEVYING A CITY AD VALOREM TAX IN CONNECTION THEREWITH, AND PROVIDING FOR THE EFFECT OF SAID ORDINANCE AND CONTRACT was duly introduced for the consideration of said City Council and duly read. It was then duly moved and seconded that said Ordinance be passed on first and final reading, to become effective immediately; and, after due discussion, said motion, carrying with it the final passage of said Ordinance, prevailed and carried by the following record vote: AYES: All members of said City Council shown present above voted "Aye ". NOES: None. 2. That a true, full, and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certifi- cate; that said Ordinance 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 passage of said Ordinance; that the persons named in the above and forego- ing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; and 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 Ordinance would be introduced and considered for passage at said Meeting; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said Meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Ordinance; that the Mayor and the City Secretary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordi- nance for all purposes. SIGNED AND SEALED the l6th day of February, 1993. ,96-tuttA)-/ City Secretary (CITY SEAL) the undersigned, City Attorney of the City of Huntsville, Texas, hereby certify that I read and approved as to legality the attached and following Ordinance prior to its passage. 1/41(1 ad A 4Iir . 14 City A'Arl% ney, City of Huntsville, Texas CERTIFICATE FOR ORDINANCE AUTHORIZING AND DIRECTING THE EXECUTION OF THE TRINITY RIVER AUTHORITY OF TEXAS - CITY OF HUNTSVILLE SANITARY SEWER SYSTEM FACILITIES INSTALLMENT SALE CON- TRACT, PLEDGING AND APPROPRIATING WATERWORKS AND SEWER SYSTEM REVENUES AND LEVYING A CITY AD VALOREM TAX IN CONNECTION THEREWITH, AND PROVIDING FOR THE EFFECT OF SAID ORDINANCE AND CONTRACT THE STATE OF TEXAS COUNTY OF WALKER CITY OF HUNTSVILLE We, the undersigned officers of the City of Huntsville, Texas, hereby certify as follows: 1. The City Council of the City of Huntsville convened in REGULAR MEETING ON THE 16th DAY OF FEBRUARY, 1993, at the City Hall, and the roll was called of the duly consti- tuted officers and members of said City Council, to -wit: Danna Welter, City Secretary Dan S. Davis Jim Carter William B. Green JoAnn Matthews W. H. Hodges, Mayor Dave Luning Ila G. Gaines Ronald L. Lange Harold Norton and all of said persons were present, except the following absentees: Mayor W. H. Hodges , thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written ORDINANCE AUTHORIZING AND DIRECTING THE EXECUTION OF THE TRINITY RIVER AUTHORITY OF TEXAS - CITY OF HUNTSVILLE SANITARY SEWER SYSTEM FACILITIES INSTALLMENT SALE CON- TRACT, PLEDGING AND APPROPRIATING WATERWORKS AND SEWER SYSTEM REVENUES AND LEVYING A CITY AD VALOREM TAX IN CONNECTION THEREWITH, AND PROVIDING FOR THE EFFECT OF SAID ORDINANCE AND CONTRACT was duly introduced for the consideration of said City Council and duly read. It was then duly moved and seconded that said Ordinance be passed on first and final reading, to become effective immediately; and, after due discussion, said motion, carrying with it the final passage of said Ordinance, prevailed and carried by the following record vote: AYES: All members of said City Council shown present above voted "Aye ". NOES: None. 2. That a true, full, and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certifi- cate; that said Ordinance 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 passage of said Ordinance; that the persons named in the above and forego- ing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; and 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 Ordinance would be introduced and considered for passage at said Meeting; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said Meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252 -17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Ordinance; that the Mayor and the City Secretary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Ordi- nance for all purposes. SIGNED AND SEALED the 16th day of February, 1993. City Secretary Mayor (CITY SEAL) I, the undersigned, City Attorney of the City of Huntsville, Texas, hereby certify that I read and approved as to legality the attached and following Ordinance prior to its passage. n n �q( City At o ney, City of Huntsville, Texas