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HomeMy WebLinkAboutOrdinance No. 97-990 ORIGINAL · CITY OF THE COLONY, TEXAS ORDINANCE NO. 97-990 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD IN SAID CITY ON THE 9TH DAY OF AUGUST, 1997, DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE THE STATE OF TEXAS § COUNTY OF DENTON § CITY OF THE COLONY § WHEREAS, the City Council by ordinance duly passed and adopted, made provision for an election to be held within the City on the 9th day of August, 1997, for the purpose of submitting certain propositions for the issuance of general obligation bonds to the resident, qualified electors of said City; WHEREAS, this City Council has investigated all matters pertaining to the election, including ordering, giving notice, appointing officers, holding and making returns of the election; and the election officers who held the election have duly made the returns of the results thereof, and the returns have been duly delivered to this City Council for official canvassing of the returns thereof; and WHEREAS, upon consideration of the returns of the election, it appears that the election was held in accordance with the authorized proceedings and was in all respects legally held after proper notice had been given, and that the returns were duly and legally made, showing the following results: PROPOSITION NO, I SHALL THE CITY COUNCIL OF THE CITY THE COLONY, TEXAS, BE AUTHORIZED TO ISSUE AND SELL THE BONDS OF SAID CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF $14,500,000, FOR THE PURPOSE OF PROVIDING FUNDS FOR STREET IMPROVEMENTS, INCLUDING RELATED SIDEWALK, SIGNALIZATION, LIGHTING, DRAINAGE, UTILITY RELOCATION AND THE ACQUISITION OF LAND AND INTERESTS IN LAND AND PROPERTIES THEREFOR; WITH SAID BONDS TO BE ISSUED IN ONE OR MORE SERIES OR ISSUES, TO MATURE SERIALLY OR OTHERWISE AND BEAR INTEREST AT SUCH RATE OR RATES, NOT TO EXCEED THE RESPECTIVE LIMITS PRESCRIBED BY LAW AT THE TIME OF ISSUANCE, AND TO BE SOLD AT SUCH PRICE OR PRICES, AS THE CITY COUNCIL IN ITS DISCRETION SHAIJ. DETERMINE; AND SHALL THERE BE LEVIED AND PLEDGED ASSESSED AND COLI.ECTED ANNUALLY AD VALOREM TAXES ON ALL TAXABLE PROPERTY IN SAID CITY IN AN AMOUNT SUFFICIENT TO PAY THE ANNUAL INTEREST ON SAID BONDS AND PROVIDE A SINKING FUND TO PAY SAID BONDS AT MATURITY? VOTES FOR 584 VOTES AGAINST 693 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That each and every one of the recitals, findings and determinations contained in the preamble to this Ordinance are adopted as findings of fact by this governing body and as part of its judgment. Section 2. That it is further found and determined that the results of the election as canvassed and tabulated in the preamble reflect the expressed desires of the resident, qualified electors. Section 3. That the following proposition is declared failed and therefore no bonds may be issued thereunder. Proposition No. 1 Section 4. As a result of this canvass, the City Council hereby finds and determines that a total of 1277 persons voted in the City of The Colony, Texas, Bond Election held August 9, 1997. Section 5. That the public importance of this measure and the fact that it is in the best interest of the City to declare the duly elected officers of the City at the earliest possible date for the immediate preservation of the public peace, property, health and safety of the City and its citizens creates an emergency and an imperative public necessity which requires that this Ordinance shall take effect and be in force from and after its final passage and approval, and it is accordingly so ordained. PASSED AND APPROVED this the llth day of August, 1997. Mary Bl'k/r Wa(Js, Mayor ATFEST: Patti A. Hicks, TRMC, City Secretary APPROVED AS TO FORM: ity Attorney MINUTES AND CERTIFICATION PERTAINING TO PASSAGE OF AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, CANVASSING RETURNS AND DECLARING THE RESULTS OF A BOND ELECTION HELD IN THE CITY ON THE 9TH DAY OF AUGUST, 1997; DECLARING AN EMERGENCY THE STATE OF TEXAS § COUNTY OF DENTON § CITY OF THE COLONY § On this the llth day of August, 1997, the City Council of the City of The Colony, Texas, convened in a Special Session at the regular meeting placed 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 Section 551 of the Local Government Code, 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: Mary Blair Watts, Mayor Bill Longo ) Patti A. Hicks, City Secretary Bemetta Henville-Shannon ) David Stanwick ) Wilma Avey ) Councilmembers John Dillard ) Dave Kovatch ) and all of said persons were present, except the following absentees: ~-~~l~ -~-~r~( , 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, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD IN SAID CITY ON THE 9TH DAY OF AUGUST, 1997, DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE" The Ordinance, a full, true and correct copy of which is attached hereto was read and reviewed by the City Council. Thereupon, it was move~d by Counqilmember ~ / ~_ ~. ~ ,9 td~. r~ and seconded by Councilmember._~"x~ v~.__ ~,.~._ v/07~, 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: 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 trued and correct copy of an official copy thereof on file among the official records of the City, all on this 1 lth day of August, 1997. Mary Etlair W~Jts, Mayor ATTEST: Patti A. Hicks, TRMC~ City Secretary