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HomeMy WebLinkAboutOrdinance No. 436 ORDINANCE NO. 43¢ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, CALLING A BOND ELECTION TO BE HELD WITHIN THE CITY, MAKING PROVISIONS FOR THE CONDUCT OF THE ELECTION AND OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE OF THIS ORDINANCE; DECLARING AN EMERGENCY THE STATE OF TEXAS § COUNTY OF DENTON § CITY OF THE COLONY § WHEREAS, the City Council has determined that an election should be e/died and held in the City of The Colony, Texas, for the purpose of submitting eert/dn propositions for the issuance of bonds of the City for the purposes hereinafter set forth; and WHEREAS, the City Council finds and declares that the meeting at which this Ordinance is considered is open to the public as required by law, and that public notice of the time, place and purpose of said meeting was given as required by Article 6252-17, Tex. Rev. Civ. Stat. Ann.; and therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: 1. That an election shall be held in and throughout the City of The Colony, Texas, on the 13th day of September, 1986, which date is not less than fifteen (15) nor more than ninety (90) days from the date of this Ordinance, at which election the following propositions shall be submitted: PROPOSITION NO. 1 "Shall the City Council of the City of The Colony, Texas, be authorized to issue general obligation bonds of said City in the amount of $500,000 maturing serially in such installments as may be fixed by the City Council, the maximum maturity being not more than over a forty (40) years from their date, to be issued in such installments and sold at any price or prices and to bear interest at any rate or rates as shall be determined within the discretion of the City Council under laws in effect at the time of issuance, for the purpose of providing funds for permanent public improvements, to wit: improving and acquiring sites for park purposes for said City, and to provide for the payment of the principal of and interest on said bonds by levying a tax sufficient to pay the annual interest on and to create a sinking fund sufficient to redeem said bonds as they become due?" 0593D PROPOSITION NO. 2 "Shall the City Council of the City of The Colony, Texas, be authorized to issue general obligation bonds of said City in the amount of $2,500,000 maturing serially in such installments as may be fixed by the City Council, the maximum maturity being not more than forty (40) years from their date, to be issued in such installments and sold at any price or prices and to bear interest at any rate or rates as shall be determined within the discretion of the City Council under laws in effect at the time of issuance, for the purpose of providing funds for permanent public improvements, to wit: improving and acquiring sites for park purposes for said City, and to provide for the payment of the principal of and interest on said bonds by levying a tax sufficient to pay the annual interest on and to create a sinking fund sufficient to redeem said bonds as they become due?" 2. That the City election precincts for this election shall consist of the territory situated within the various Denton County election precincts located within the corporate limits of the City and bearing the following numbers, and the polling places and officers of said election shall be as follows, to-wit: DENTON COUNTY CITY ELECTION ELECTION PRESIDING ALTERNATE PRESIDING PRECINCTS PRECINCTS POLLING PLACES JUDGE JUDGE 2N and 2D 4 and 5 Peters Colony Rita Webster Dee Cole Elementary School 5101 Nash Drive The Colony, Texas 2B and 2C 6 and 3 Carney Elementary Janet Chapin Kay Einig School 4949 Arbor Glen Road The Colony, Texas Said polling places shall be open from 7:00 a.m. to 7:00 p.m. on the date of the election. The Presiding Judge herein appointed shall appoint not less than two (2) nor more than six (6) qualified election clerks to serve and assist in the conduct of said election, provided that if the Presiding Judge named above actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. By approving and signing this Ordinance, the Mayor of said City officially confirms his appointment of the aforesaid election officers to serve at said election; and by passing this Ordinance, the City Council approves and concurs in the appointment of the aforesaid election officers. osg3D --2-- 3. That voting at and on the date of said election, and absentee voting therefor, shall be by the use of paper ballots, mud the preparation of the official ballots for said election shall conform to the Texas Election Code, as amended, so as to permit the elections to vote "For" or "Against" the aforesaid Propositions, with the official ballots to contain such provisions, markings and language as may be required by law, and summaries of the above propositions shall be set forth on said ballots in substantially the following form and language: No. Bond Election City of The Colony Denton County, Texas September 13, 1986 OFFICIAL BALLOT Place an "X" in the square beside the statement indicating the way you wish to vote: PROPOSITION NO. 1 / / For THE ISSUANCE OF $500,000 GENERAL OBLIGATION PUBLIC PARK BONDS AND THE LEVY OF A TAX IN PAYMENT / / Against THEREOF PROPOSITION NO. 2 / / For THE ISSUANCE OF $2,500,000 GENERAL OBLIGATION PUBLIC PARK BONDS AND THE LEVY OF A TAX IN / / Against PAYMENT THEREOF 4. That absentee voting shall be conducted by the City Secretary, who is hereby appointed the Clerk of Absentee Voting, at the City Secretary's office in the City Hall, 5576 North Colony Boulevard, The Colony, Texas. For the period absentee voting for said election is permitted by law, the Clerk shall keep said office open foe absentee voting during regular hours on each day except Saturday, Sunday and official State holidays. The absentee ballots for said election shall conform to the requirements of the Texas Election Code, as amended, and so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid propositions, and each elector shall place an "X" in the square beside the statement indicating the way he wishes to vote. 5. That all resident, qualified electors of the City shall be permitted to vote at said election. In addition, the election materials enumerated in the Texas Election Code, as amended, shall be printed in both English and Spanish for use at the polling places and for absentee voting for said election. oSg3D --3-- 6. That the holding of the election herein ordered shall be in compliance with the Texas Election Code, as amended, except as modified by other applicable provisions of law. 7. That the above named election officers shall make returns of the election to the City Council and the ballot boxes shall be delivered to the custody of the City Council in compliance with the applicable laws of the State of Texas; and the ballots properly marked in conformance with the provisions of the Texas Election Code, as amended, for votes east both during the period of absentee voting and during the election herein ordered, shall be counted in the manner required by law. 8. That notice of said election shall be given by posting a notice containing a substantial copy of this Ordinance at three (3) public places within the City and also at the City Hall 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 a newspaper of general circulation published within said City, the date of the first publication to be not earlier than the 30th day or later than the 14th day prior to the date set for said election. 9. That the public importance of this measure and the fact that it is to the best interest of the City and its citizens to call an election to vote on propositions to provide funds for public parks for said City at the earliest possible date for the immediate preservation of the public health, safety, general welfare, or public property of the City and its citizens creates an emergency and an imperative public necessity, requiring that this Ordinance be passed as an emergency measure which shall be effective and be in full force from and after its passage, and it is so ordained. PASSED, APPROVED AND EFFECTIVE this 28th day of July, 1986. ATTEST: ~ /,.,ayor,'Cit:y~f Tl~e ~ony~ City Secretary, City of Th-~'Colony, Texas [SEAL] APPROVED: City Attorney, City of The Colony, Texas 0593D --4-- MINUTES AND CERTIFICATION PERTAINING TO PASSAGE OF AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, CALLING A BOND ELECTION TO BE HELD WITHIN THE CITY, MAKING PROVISIONS FOR THE CONDUCT OF THE ELECTION AND OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE OF THIS ORDINANCE; DECLARING AN EMERGENCY THE STATE OF TEXAS § COUNTY OF DENTON § CITY OF THE COLONY § On this the 28th day of July, 1986, the City Council of the City of The Colony, Texas, convened in Special Meeting at the regular meeting place thereof, the meeting being open to the public and notice of said meeting, giving the date, place and subject thereof having been posted as prescribed by Article 6252-17 Tex. Rev. Civ. Stat. Ann., and the roll was called of the duly constituted officers and members of said City Council, which officers and members are as follows to-wit: Larry D. Sample, Mayor Rick Harris ) Patti A. Hicks, City Secretary Tom Arrambide ) David W. Dye, III ) Don Amiek ) Couneilmembers Harvey Bradley ) Marlene Poole ) and all of said persons were present, except the following absentees: ~/0 tv ~ , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: A written Ordinance bearing the following caption was introduced: "An Ordinance of the City Council of the City of The Colony, Texas, Cslllr~g a Bond Election to be held within the City, Making Provisions for the Conduct of the Election and Other Provisions Incident and Related to the Purpose of this Ordinance; Declaring and Emergency" The Ordinance, a full, true and correct copy of which is attached hereto was read and reviewed by the City Council. Thereupon, it was moved by Councilmember /~ D~ ~ ¢ P( and seconded by Couneilmember Poc)~.- that the Ordinance be passed and adopted. The Mayor then put the motion to a vote of the members of the City Council and the Ordinance was passed and adopted by the following vote: AYES: NOES: ABSTENTIONS: 0S93D MINUTES APPROVED AND CERTIFIED TO BE TRUE AND CORRECT, and to correctly reflect the duly constituted officers and members of the City Council of the City, and the attaebed and following copy of the Ordinance is hereby certified to be a true and correct copy o~f .~n official copy thereof on file among the official records of the City, all on this ~__ day of July, 1986. t/fi~l ¥ , C'ty of The Colony, Texas ATTEST: City Secretary, City of The Colony, Texas (SEAL) O593D --2--