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RESO 1983-19 - Calling Bond Election• RESOLUTION NO. 83 -19 RESOLUTION CALLING BOND ELECTION WHEREAS, the City Council of the City of Huntsville, Texas, has determined, and hereby affirmatively determines, that an election should be held in said City on the propositions of issuing City bonds payable from ad valorem taxes for the purposes hereinafter set forth; and WHEREAS, the City Council deems it necessary to call the election hereinafter described; Now, Therefore BE IT RESOLVED BY THE CITY OF HUNTSVILLE: 1. That an election shall be held in and throughout the City of Huntsville, Texas, on the 21st day of January, 1984, at which election the following propositions will be submitted in accordance with law: PROPOSITION NO. ONE SHALL THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, BE AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THE BONDS OF SAID CITY IN THE AMOUNT OF $2,000,000, MATURING SERIALLY OR OTHERWISE WITHIN 40 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH RATE OR RATES, NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW,AS SHALL BE DETERMINED WITHIN THE DISCRETION OF SAID CITY COUNCIL AT THE TIME OF ISSUANCE, FOR THE PURPOSE OF CONSTRUCTING PERMANENT PUBLIC IMPROVEMENTS IN AND FOR SAID CITY, TO -WIT: ROADS, BRIDGES AND STREETS, INCLUDING RELATED DRAINAGE FACILITIES, AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN SAID CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES? PROPOSITION NO. TWO SHALL THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, BE AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THE BONDS OF SAID CITY IN THE AMOUNT OF $2,200,000, MATURING SERIALLY OR OTHERWISE WITHIN 40 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH RATE OR RATES, NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF SAID CITY COUNCIL AT THE TIME OF ISSUANCE, FOR THE PURPOSE OF CONSTRUCTING PERMANENT PUBLIC IMPROVEMENTS IN AND FOR SAID CITY, TO -WIT: ROADS, BRIDGES AND STREETS, INCLUDING RELATED DRAINAGE FACILITIES,AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN SAID CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES; PROVIDED, HOWEVER, THAT SAID CITY COUNCIL SHALL NOT ISSUE SAID BONDS UNLESS AND UNTIL SAID COUNCIL DETERMINES THAT AT LEAST AN EQUAL ADDITIONAL AMOUNT OF STATE, FEDERAL OR OTHER OUTSIDE FUNDS IS AVAILABLE TO THE CITY TO CONSTRUCT SAID PERMANENT PUBLIC IMPROVEMENTS? 2. The City Council hereby declares that it will not issue the bonds described in Proposition No. Two unless and until said Council determines that at least an equal additional amount of State, Federal or other outside funds is available to the City to construct the permanent public improvements included within said Proposition No. 2. 3. The hours during which the polls will be open for voting in said election shall be from seven o'clock a.m. to seven o'clock p.m. • • 4. Voting shall be at the designated polling places in each of the numbered Walker County Voting Precincts in the City of Huntsville heretofore established and described by natural or artificial boundaries or survey lines by order adopted by the Commissioners Court of Walker County and duly set out in its minutes. The respective polling place for each election precinct, and the persons appointed to serve as respective Presiding Judge and Alternate Presiding Judge for each election precinct are set forth in Exhibit A, attached hereto and made a part hereof for all purposes, and such polling places and election officers are hereby designated and appointed as such for the election. Each Presiding Judge for each election precinct shall appoint two clerks and as many additional clerks as he deems necessary for the proper conduct of the election, provided that not more than a total of five clerks shall be appointed for any precinct. 5. Voting in said election shall be by the use of paper ballots, and the ballots shall conform to the requirements of the Texas Election Code, as amended, and shall have printed thereon the following: ( ( ( OFFICIAL BALLOT PROPOSITION NO. ONE ) FOR ) THE ISSUANCE OF $2,000,000 ) - -- STREET IMPROVEMENT AND RELATED ) AGAINST ) DRAINAGE BONDS PROPOSITION NO. TWO FOR ) THE ISSUANCE OF $2,200,000 ) - -- STREET IMPROVEMENT AND RELATED ) DRAINAGE BONDS WHEN STATE, FEDERAL ) AGAINST ) OR OTHER OUTSIDE FUNDS ARE AVAILABLE The voter shall vote on each proposition by placing an "X" or other clear mark in the square beside the statement indicating the way he wishes to vote on such proposition. Absentee voting shall be conducted by a clerk for absentee voting, namely, Ruth DeShaw, City Secretary, and the place at which the absentee voting shall be conducted is designated as the Office of the City Secretary, City Hall, 1212 Avenue M, Huntsville, Texas 77340, which address is the mailing address to which absentee 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 3(d), 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 personal appearance at any time when her office is not open to the public. 6. All of the duly qualified resident electors of said City shall be qualified to vote on each proposition. 0 • • EXHIBIT A Election Polling Election Precinct Place Officials No. 101 Fire Station #2 2109 Sam Houston Ave. No. 102 Walker County Courthouse 1100 University Ave. No. 105 Ruth Klimko, Presiding Judge Alternate Judge Lillian Nimmo, Presiding Judge Alternate Judge First Baptist Church Frank Baker, 1500 10th Street Presiding Judge No. 201 Holiday Inn 1407 Interstate 45 No. 202 First Presbyterian Church No. 206 Pine Bluff Church 3721 Possum Walk No. 301 (that portion within City) No. 401 Emancipation Park Bldg. 300 Avenue F Goree Recreation Center 30,000 Highway 75 South Alternate Judge Dorothy Shandera, Presiding Judge Alternate Judge Robert Biles Presiding Judge Alternate Judge Percy Pace, Presiding Judge Alternate Judge Larry Snyder, Presiding Judge Alternate Judge Peggy Kroesche, Presiding Judge Alternate Judge O O 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 meeting on the 13th day of December, 1983, at the regular meeting place thereof, 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: William V. Nash Mayor Murray A. Brown Councilmember Larry Corley Councilmember Stephen E. Davis Councilmember Jerry L. Dowling Councilmember William Hodges Councilmember Percy Howard, Jr. Councilmember Jane Monday Councilmember Robert M. Tavenner Councilmember Ruth DeShaw City Secretary and all of said persons were present, except the following absentees: William Hodges thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written RESOLUTION CALLING BOND ELECTION and 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 ". 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 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 purpose 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 said 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 this 13th day of December, 1983. uth DeShaw, City Secretary (Seal) William V. ash, Mayor • • 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 21st day of January, 1984, pursuant to and in keeping with the following resolution adopted by the City Council of said City, to -wit: • • 7. Notice of said election (both in the English language and in the Spanish language) shall be given by posting a substantial copy of this election resolution at three (3) public places in such City and also at the City Hall, not less than fourteen (14) days prior to the date set for said election, and same shall likewise be published on the same day in each of two (2) successive weeks in The Huntsville Item, the official newspaper of the City, same being a newspaper published in the English language and of general circulation in said City, the date of the first publication to be not less than fourteen (14) days prior to the date set for said election. PASSED AND APPROVED this 13th day of December, 1983. ATTEST: uth DeShaw, City Secretary (Seal) William V. Nash, Mayor CITY OF HUNTSVILLE, TEXAS APPROVED AS TO FORM GD� Scott Bounds City Attorney