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HomeMy WebLinkAboutORD 1324 - ORD Canvassing Returns & Declaring Results of Bond Election Held august 13 126 ORDINANCE NUMBER 1324 ORDINANCE CANVASSING RETURNS AND DECLARING RESULTS OF BOND ELECTION HELD AUGUST 13, 1988, AND CONTAINING RELATED FINDINGS AND PROVISIONS WHEREAS, in accordance with the laws of the United States of America, the State of Texas, The Charter of the City of West University Place, Texas (the "City"), and Ordinance No. 1321 adopted pursuant thereto, an election was held within and for said City on the 13th day of August, 1988, at which election there was submitted to all duly qual ifi ed res i dent electors of the Ci ty forthei r action thereon three propositions relating to the issuance of public improvement bonds of the Ci ty and the 1 evy of taxes to pay sa i d bonds, sa i d propos it ions being: PROPOSTTION 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 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'S WATERWORKS SYSTEM INCLUDING ALL MATTERS NECESSARY OR INCIDENTAL THERETO, AND 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 NO.2 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 $3,850,000, 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 INTER~ST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL B~ 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.S SANITARY SEWER SYSTEM INCLUDING ALL MATTERS 127 o NECESSARY OR INCIDENTAL THERETO, AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN THE CITY ANNUALLY SUFJ=ICIENT 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 NO.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 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 IMPROVEMENTS IN AND FOR THE CITY, TO WIT: STREET IMPROVEMENTS AND ALL MATTERS NECESSARY OR INCIDENTAL THERETO, AND 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? r: I . L' WHEREAS, in accordance with the terms and provisions of the Texas Election Code, the judges of said election have recorded, signed and delivered the returns of said election~ together with the poll lists and tally 1 i sts, to the Mayor and City Council, and have fil ed same with the City Secretary; and WHEREAS, the Mayor and City Councilmembers, duly assembled on this date, have opened and' examined said election returns, and, in accordance wi th the Ci ty Charter and the 1 aws of the Sta te of Texas, wi'sh to pass an ordinance canvassing said returns and declaring the results of said election; Now, th~refore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE THAT: Section 1. The City Council hereby officially finds, determines and declares that: (a) At a reular meeting of the City Council held June 27, 1988, the City passed an ordinance calling the aforesaid bond election, appointing all requisite election officials and designating polling places (designated by the City Council and referred to herei n as "Ordi nance No. 132P); o (b) Notice of the June 27 meeting was posted at the City Hall at a place convenient and readily accessible to the general public at all times for at least 72 hours preceding the scheduled time of such meeti ng and such meeti ng was open to the pub 1 i c at all times during which Ordinance No. 1321 and the subject matter 128 thereof was discussed, considered and acted upon, all in compl iance with the Open Meetings Act, Article 6252-17, Vernons I Texas Civil Statutes, as amended; (c) Notice of the aforesaid bond election was given by posting a notice containing a substantial copy of Ordinance No. 1321 in English and Spanish at the City Hall and in each of the four election precincts, which were each found to be public places in the City, not less than fourteen (14) days prior to the date on which the election was held, and same was likewise published on Wednesday, July 20, 1988"and Wednesday, July 27,1988, in English and in Spanish in a newspaper published in Harris County, Texas, of general circulation in the City; (d) The ballots for the bond election were provided in English and in Spanish in accordance with law; (e) Absentee voting and voting on the date of the election were carried out in accordance with the Texas Election Code and the provisions; of Ordinance No. 1321; and (f) All appointed election officials were duly qualified to serve and all carried out their duties in accordance with law. Section 2. The City Council, pursuant to an official canvass of the returns of said e 1 ecti on, hereby declares the results of the voting on each of the three propositions, whicb, are set forth in full in the preamble to this Ordinance, to be as follows: Precinct #183 Preci nct #133 Precinct #87 Precinct #15 Absentee PROPOSITION NO. 1 .E2!: 85 57 86 70 13 311 PROPOSITION NO. 2 .Em: 83 53 87 70 14 .ill 18 19 14 19 5 75 Aqainst TOTAL 18 21 15 18 6 78 Aqainst Precinct #183 Precinct #133 Precinct #87 Precinct #15 Absentee TOTAL !I I I ~ ! \ j I '--.i i J 129 [ PROPOSITION NO. 3 For Against Precinct #183 Precinct #133 Precinct #87 Precinct #15 Absentee TOTAL 86 54 91 70 -.li 316 15 19 12 19 '4 69 n , I LJ Section 3. The City Council hereby finds and declares that more than a majority of the duly qualified voters voting at said election have voted in favor of each of the three propositions submitted; that, therefore, the election has resulted favorable to each of said propos it ions; and that the Ci ty Council is, therefore, authori zed to issue $3,050,000 in bonds for improvements to the waterworks system as provided in Proposition No.1; $3,850,000 in bonds for improvements to the sanitary sewer system as provided in Proposition No.2; $100,000 in bonds for street improvements as provided in Proposition No.3; and to levy taxes annually to pay principal of and interest on said bonds. Section 4. The City Council further officially finds, determines and declares that this Ordinance was read once, carefully considered, and adopted at a meeting of the City Council beginning at 7:00 o'clock p.m. on August 15, 1988; that sufficient written notice of the date, hour, place and subject of this meeting was posted at the City Hall at a place convenient and readily accessible to the public for the time required by law receding this meeting, as required by the Open Meetings Act, Article 6252-17, Vernon's Texas Civil Statutes, as amended; and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter hereof has been discussed, considered and acted upon. The City Council further ratifies, approves and confi rms such written noti ce and the contents and posting thereof. Section 5. The public importance of this measure and the requi rements of the law create an emergency and an urgent pub 1 i c necessity requiring that this Ordinance be passed and take effect as an emergency measure, and a state of emergency is hereby declared, and this Ordinance is accordingly passed as an emergency measure and shall take effect and be in force immediately from and after its passage and signature. n " 'I I LJ . 1"--"" :., l'<1rln. i- '_ l~"' .~I ,IUIUl~llll~t...,rr-- '"\':--...-- ~:JI_r.l1Tl"'n"'T:'.'"--C-'----- 130 -'II_I':~1 ~.;, ._~ It:; L-....:.I......;... . _" 1___ ._ I PASSED AND APPROVED the 15th day of August, 1988. Councilmembers Voting Aye: Councilmembers Voting No: Councilmembers Absent: ATTEST: Audrey Nichols City Secretary (SEAL) APPROVED AS TO FORM: James L. Dougherty City Attorney < ~ Mayor Parks, Councilmembers Bryan, Bell, Britton, Schwartzel None None Signed: Michael L. Parks Mayor i I '----'