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HomeMy WebLinkAboutOrdinance No. 438 ORDINANCE NO. 4ff~,~J~ 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; REPEALING ORDINANCE NO. 436; 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 called and held in the City of The Colony, Texas, for the purpose of submitting certain propositions for the issuunee of bonds of the City for the purposes hereinafter set forth; WHEREAS, the City Council believes that the Ordinance it passed on July 28, 1986, eslllng for such election was not clear as to the purpose of the bonds; WHEREAS, the City Council desires to repeal Ordinunee 436 and in its place consider this Ordinance clarifying such purposes; 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 instsllments 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 0593D permanent public improvements, ~to wi{: improving and aequiring sites for park purposes for said City, including but not limited to the improvement of Stewart Creek Park, and to provide for the payment of the principal of and interest on said bonds by levying a t~x sufficient to pay the annual interest on and to create a sinkin~ fund suffieient to redeem said bonds as they become due?" PROPOSITION NO. 2 "Shall the City Couneil 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 inst~llments as may be fixed by the City Council, the maximum maturity being not moro 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 constructing and acquiring sites for park purposes for said City, including but not limited to a public goff course to be located at Wynnewood Park, 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 foliows, 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 eleetinn. 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 offieiaily confirms his appointment of the aforesaid election of fleers to sewe at said election; and by passing this Ordinunee, the City Council approves and concurs in the appointment of the aforesaid election officers. 3. That voting at and on the date of said election, and absentee voting therefor, shall be by the use of paper ballots, and 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, INCLUDING BUT NOT LIMITED TO IMPROVE- MENTS OF STEWART CREEK PARK, AND THE LEVY OF A / / Against TAX IN PAYMENT THEREOF PROPOSITION NO. 2 /___/ For THE ISSUANCE OF $2,500,000 GENERAL OBLIGATION PUBLIC PARK BONDS, INCLUDING BUT NOT LIMITED TO THE ACQUISITION AND CONSTRUCTION OF A PUBLIC GOLF COURSE AT WYNNEWOOD PARK, AND THE LEVY OF A /.~/ Against TAX IN PAYMENT THEREOF 4. That absentee voting shah be conducted by the City Secretary, who is hereby appointed the Clerk of Absentee Voting, at the City Secretary's office in the City HaH, 5576 North Colony Boulevard, The Coinny, Texas. For the period absentee voting for said eleetinn is permitted by law, the Clerk shall keep said offFe~ 6pen for absentee voting during regular hours on each day except Saturday, Sunday and official State holidays. The absentee ballots for said election shah 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 prepositions, and each elector shah place an 'X' in the square beside the statement indicating the way he wishes to vote. 0593D --3-- 5. That all resident, qualified electors of the City shall be pemitted 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. 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 previsions 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 Coaneli in compliance with the applicable laws of the State of Texas; and the bailots 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 shail 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 eanh 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 fant 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 shal/be effective and be in full force from and after its passage, and it is so ordained. 10. That Ordinance No. 436 eailing for said election passed by this City Council on July 28, 1986, be and is hereby repealed. PASSED, APPROVED AND EFFECTIVE this 18th day of August, 1986. ATTEST: [~ /lkfayo~, C~ y~i~'-0-f Th~ Colony, Texas City Secretary, City of The Colony, Texas [SEAL] APPROVED: City Attorney, City of The Colony, Texas 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; REPEALING ORDINANCE NO. 436; DECLARING AN EMERGENCY THE STATE OF TEXAS § COUNTY OF DENTON § CITY OF THE COLONY § On this the 18th day of August, 1986, the City Council of the City of The Colony, Texas, cenvened in Regular 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 censtituted officers and members of said City Council, which officers and members are as follows to-wit: Larry D. Sample, Mayor Rink Harris ) Patti A. Hicks, City Secretary Tom Arramhide ) David W. Dye, III ) Don Amiek ) Couneilmembers Harvey Bradley ) Marlene Poole ) and .all, of said persons were present, except the following absentees: /~)/t~ A~ /-/~) ~ ~/~5 , 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, 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; Repealing Ordinance No. 436; 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 Couneilmer~ber ~'~//~/E.A~ and seconded by Conneilmember i'~'~,~l~al~ )~z_r 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: ~ 0593D 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 attached and following copy of the Ordinance is hereby certified to be a true and correct copy of~j~ official copy thereof on file among the official records of the City, all on this /q~r~day of August, 1986. {~ /1~ ayo ~ o~e C~lony, Texas ATTEST: City Secretary, City of The Colony, Texas (SEAL)