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Home My WebLink AboutORD 1321 - ORD Calling Bond Election to Authorize the Issuance of Permanent Public Improvment Funds 110 -----: Ordinance No. 1321 ORDINANCE CALLING BOND ELECTION TO AUTHORIZE THE ISSUANCE OF PERMANENT PUBLIC IMPROVEMENT BONDS IN THE PRINCIPAL AMOUNT OF $3,050,000 TO IMPROVE THE WATERWORKS SYSTEM, $3,850,000 TO IMPROVE THE SANITARY SEWER SYSTEM, $100,000 FOR STREET IMPROVEMENTS AND THE LEVY OF TAXES SUFFICIENT TO PAY PRINCIPAL OF AND INTEREST ON SAID BONDS, AND DECLARING AN EMERGENCY WHEREAS, THE City Council of the City of West University Place, Texas (the "City"), has determined, and hereby affirmatively declares, . that an election should be held in and for said City on the propositions of issuing City bonds payable from taxes for the purposes hereinafter stated; and WHEREAS, the City Council wishes to proceed with the ordering of such election; therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE THAT: L An election shall be held in the City on the 13th day of August, 1988, whi ch is not 1 ess than fi fteen *15) days nor more than ninety (90) days from the date hereof, in which all resident, qualified electors of the City shall be entitled to vote, and the City Council hereby finds that holding the election on such date is in the public interest, at which election there shall be submitted in accordance with law the following PROPOSITIONS, to wit: PROPOSITION NO.1 SHALL THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, BE AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THE BONDS OF THE CITY IN THE PRINCIPAL AMOUNT OF $3,050,000 MATURING SERIALLY OR OTHERWISE WITHIN 40 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH RATE OR RATES (FIXED, FLOATING, VARIABLE OR OTHERWISE) NOT TO EXCEED THE MAXIMUM INTEREST RATE NOR OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL AT THE TIME OF ISSUANCE OR SALE, FOR THE PURPOSE OF CONSTRUCTING PERMANENT PUBLIC I I I . , '--.--J o n u lJ -J- 111 IMPROVEMENTS IN AND FOR THE CITY, TO WIT: IMPROVING, EXTENDING, REPLACING, REPAIRING AND REHABILITATING THE CITY'S WATERWORKS SYSTEM INCLUDING ALL MATTERS NECESSARY FOR INCIDENTAL THERETO, AND TO LEVY TAXES UPON ALL,TAXABLE PROPERTY WITHIN THE CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST 0 THE BONDS AS IT ACCRUES AND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF THE BONDS AS IT MATURES? PROPOSITION NO.2 SHALL THE CITY COUNCIL OF THE CITY OF WET UNIVERSITY PLACE, TEXAS, BE AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THE BONDS OF THE CITY IN THE PRINCIPAL AMOUNT OF $3,850,000, MATURING SERIALLY OR OTHERWISE WITHIN 40 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH RATE OR RATES (FIXED, FLOATING, VARIABLE OR OTHERWISE) NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL AT THE TIME OF ISSUANCE OR SALE, FOR THE PURPOSE OF CONSTRUCTING PERMANENT PUBLIC IMPROVEMENTS IN AND FOR THE CITY, TO WIT: IMPROVING, EXTENDING, REPLACING, REPAIRING AND REHABILITATING THE CITY I S SANITARY SEWER SYSTEM INCLUDING ALL MATTERS NECESSARY OR INCIDENTAL THERETO, iAND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN THE CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON THE BONDS AS IT ACCRUES AND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF THE BONDS AS IT MATURES? PROPOSITION ~O. 3 SHALL THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, BE AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THE BONDS OF THE CITY IN THE PRINCIPAL AMOUNT OF $100,000, MATURING SERIALLY OR OTHERWISE. WLTHIN_40 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH RATE OR RATES (FIXED, FLOATING, VARIABLE OR OTHERWISE) NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUT~ORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL AT THE TIME OF ISSUANCE OR SALE, FOR THE PURPOSE OF CONSTRUCTION PERMANENT PUBLIC IMPROVEMENTS IN AND FOR THE CITY, TO WIT: STREET IMPROVEMENTS AND ALL MATTERS NECESSARY OR INCIDENTAL THERETO, AND TO LEVY TAXES UPON ALL I~ 112 TAXABLE PROPERTY WITHIN THE CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON THE BONDS AS IT ACCRUES AND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF THE BONDS AS IT MATURES? 2. The hours during which the polls will be open for voting in said election shall be from 7:00 a.m. to 7:00 p.m. 3. Voting shall be at the following respectively designated polling places in each of the following numbered Harris County Voting Precincts in the City of West University Place heretofore established and described by natural or artificial boundaries or survey lines by order adopted .by theCommi ss i on I s Court of Ha rri s County and du ly set out in its minutes. The following named persons are hereby appointed officers to conduct the election in said election precincts, respectively: Voting Precicnt #183 West University Community Building 6104 Auden Ann W. Covert J. R. Covert Presiding Judge Alternate Presiding Judge Voting Precinct #133 Colonial Park Recreation Center 4130 Byron Haze 1 Pitts Terri Grainger Presiding Judge Alternate Presiding Judge Voting Precinct #87 West University Elementary School 3756 University Blvd. John B. Hurst Joan Worley Voting Precinct #15 St. Andrew's preSbyterian Church 5308 Buffalo Speedway Burt Ballanfant Ramsay Elder Presiding Judge Alternate Presiding Judge Presiding Judg,e Alternate Presiding Judge The presiding judge for each election precinct shall appoint not less than two election clerks to serve and assist in conducting the election at the polling plate under her/her jurisdiction. 4. It is hereby determined by the City Council that voting on the day of the election shall be by the use of electronic voting , ~ 113 o systems and by punch cards, and that absentee voting shall be by use of paper ballots. The official ballot cards, and ballot labels, and absentee ballots for the election shall be prepared in accordance wit the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid Propositions, which shall be set forth on such ballot cards, ballot labels, and absentee ballots in substantially the form as presented below, in English and in Spani:sh: OFFICIAL BALLOT 'PROPOSITION NO.1 FOR AGAINST ) ) ) [ ] [ ] THE ISSUANCE OF $3,050,000 WATERWORKS SYSTEM IMPROVEMENT BONDS PROPOSITION NO.2 ) tHE ISSUANCE OF ) $3,850,000 SANITARY SEWER ) SYSTEM IMPROVEMENT BONDS [ ] FOR 0 [ ] AGAINST [ ] FOR [ ] AGAINST PROPOSITION NO.3 ) THE ISSUANCE OF ) $100~000 STREET ) IMPROVEMENT BONDS o The City Council hereby appoints a Presiding Judge, Jerry D. Nickell, for the Central Counting Station, which for purposes of this election shall be:locatedat the West University Place City Hall, 3800 University Boulevard. Betty Zorn shall serve as the Manager of the Central Counting Station, and Audrey Nichols shall serve as the Tabulation Supervisor for the election. The City of West University Place will conduct a test of the automatic tabulating equipment on Thursday, August 11, 1988,at 9:00 a.m. in Council Chambers at City Hall, open to the public. Absentee voting shall be conducted by a clerk for absentee voting, namely, Audrey Nicholsiand the place at which the absentee voting shall be conducted shall be the Municipal Building, Room 225, 3800 University Boulevard, Houston, Texas 77005, which is also the absentee voting clerk's mailing address to which ballot applications and ballots voted by mail may be sent. The clerk shall keep the place for absentee voting open from 8:00 a.m. to 5:00 p.m. 'on each day for absentee voting which is not a Saturday, a Sunday or an official State holiday, during the period for absentee voting by personal appearance, which shall begin on July 25, 1988, and end on August 9, 1988. For purposes of \ 114 processing absentee voting results, the precinct election officers Precinct #15 shall serve as the Absentee Ballot Board for this election. 5. Notice of the election shall be given by posting a substantial copy of this election ordipance, in English .and Spanish, at the City Hall, West University Place, Texas, and by posting a substantial copy of this election ordinance, in English and Spanish, at the polling place in each of the election pr~cincts, which are each found to be public places in the City, no less than 14 days prior to the date set for the election; and a substantial copy of this election ordinance, in English and Spanish, shall likewise be published on the same day in each of ,two (2) successive weeks in a newspaper or newspapers published in Harris County, Texas, of general circulation in the City, the date of the first publication to be not more than thirty (30) days no less than fourteen (14) days prior to the date set for the election. 6. In all matters relating to the ordering, giving notice, and holding the election, the City shall comply with the applicable parts of the Texas Election Code, including particularly Chapter 272 of the Texas Election Code pertaining to bilingual requirements and the Federal Voting Rights Act of 1965, as amended, and Chapters 1 and 7 of Title 22, Revised Civil Statutes of Texas. 7. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. 8. If any word, phrase, clause, sentence, paragraph, section or other part of this ordjnance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or ci rcumstances shall not be affected thereby. 9. The Mayor, City Manager, City Secretary and other appropriate City official are hereby authorized on behalf of the City Council to do any and all things legal and necessary in connection with the holding and consummation of the election hereunder authorized and to give effect to this Ordinance. 10. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the.public as required by law at all times during such discussion, consid~ration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. ------' 115 c Section 11. The public importance of this measure and the requirements of the law create an emergency and an urgent public necessity requiring that this Ordinance be passed and take effect as an emergency measure and shall take effect and be in force immediately from and after its passage and signature. PASSED AND APPROVED, this 27th day of June 1988. Mayor, City of West University Place, Texas ATTEST: City Secretary, City of West University Place, Texas o (SEAL) APPROVED AS TO FORM: City Attorney, City of West University Place, Texas Councilmembers Voting Aye: Mayor Parks, Councilmembers Bryan, Bell Britton Councilmembers Voting No: None Councilmembers Absent: Councilmembers Schwartzel n u