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1986E29-Bond Election January 10, 1987 " ORDINANCE NO. 86-E-29 AN ORDINANCE CALLING A BOND ELECTION TO BE HELD IN THE CITY OF SCHERTZ, TEXAS, MAKING PROVISION FOR THE CONDUCT OF THE ELECTION AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION. * * * * * * * * * * * * * * * * * * * * * * WHEREAS, the City Council of the CITY OF SCHERTZ, TEXAS (the Ci ty) hereby finds that an election should be held to determine whether said governing body shall be authorized to issue bonds of said City in the amounts and for the purposes hereinafter identified; therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1. An election shall be held on the lOth day of January, 1987, in the CITY OF SCHERTZ, TEXAS, which date is not less than fifteen (15) nor more than ninety (90) days from the date of the adoption of this Ordinance, for the purpose of submitting the following propositions: PROPOSITION NO. 1 "Shall the City Council of the CITY OF SCHERTZ, TEXAS be authorized to issue and sell general obligation bonds of the City in the principal amount of $980,000 for the purpose of making permanent public improvements and for public purposes~ to wit: constructing street improvements and associated drainage incident thereto; such bonds to mature serially or otherwise not more than forty (40) years from their date; and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating, variable or otherwise) as may be determined within the discretion of said City Council, provided that such rate of interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; and shall the City Counci 1 of the City be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes on all taxable property in said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" 3083E PROPOSITION NO. 2 .Shall the City Council of the CITY OF SCHERTZ, TEXAS be authorized to issue and sell general obligation bonds of the City in the principal amount of $100,000 for the purpose of making permanent public improvements and for public purposes, to wit: constructing park improvements; such bonds to mature serially or otherwise not more than forty (40) years from their date; and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating, variable or otherwise) as may be determined within the discretion of said City Council, provided that such rate of interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; and shall the City Council of the City be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes on all taxable property in said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" PROPOSITION NO. 3 "Shall the City Council of the CITY OF SCHERTZ, TEXAS be authorized to issue revenue bonds of the City in the principal amount of $1,020,000 for making permanent public improvements and for public purposes, to wit: const ruct ing improvements and extensions to the City's combined waterworks and sanitary sewer system; such bonds to mature serially or otherwise over a period not to exceed forty (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; said revenue bonds t6 be special obligations of the Ci ty payable as to both principal and interest solely from and secured by a first lien on and pledge of the net revenues of the City's combined -2- waterworks and sanitary sewer system, after deduction of reasonable operation and maintenance expenses, as such expenses are defined by statute; and in the event of the later acquisition by said City of an electric light system and natural gas system, either or both, to then and thereupon and thereafter have all of such bonds, including those revenue bonds that may be issued in the acquisition of said electric light system and/or natural gas system, payable both as to principal and interest solely from and secured by a first lien on and pledge of the net revenues of the City's combined waterworks and sanitary sewer system and electric light and/or natural gas system; each such bond to be on a parity and equal dignity with other such bonds; and each such bond that is issued is to be conditioned so that the holder thereof shall never have the right to demand payment of said obligation out of any funds raised, or to be raised, by taxation; all in accordance with and as authorized by the Constitution and laws of the State of Texas, particularly Texas Revised Civil Statutes Annotated Articles 1111-1118, both inclusive, as amended?" SECTION 2. The City shall constitute one election precinct for the holding of said election. The polling place hereby designated for holding said election shall be at the City of Schertz, Texas Community Center. That Ms. Janistine Kvapil is hereby appointed presiding Judge and Mr. Ralph J. Kavooras is appointed Alternate Presiding Judge. The Presiding Judge shall appoint not less than two (2) nor more than four (4) resident qualified electors of said City to act as clerks to properly conduct said election. However, if the Presiding Judge appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks. The appointment of such clerks must include a person fluent in the Spanish language to serve as a clerk to render oral aid in the Spanish language to any voter desiring such aid at the polls on the day of said election. In the absence of the Presiding Judge named above, the Alternate Presiding Judge shall perform the duties of the Presiding Judge. holding absentee SECTION 3. Paper ballots shall be used for of said election. Paper ballots shall also be used voting by personal appearance and by mail. the for The -3- J083E official ballots shall be prepared in accordance with the Texas Election Code, as amended, so as to permit electors to vote "FOR" or "AGAINST" the aforesaid propositions which shall appear on the ballot substantially as follows: PROPOSITION NO. 1 "THE ISSUANCE OF $980,000 OF GENERAL OBLIGATION BONDS FOR STREET IMPROVEMENTS." PROPOSITION NO. 2 "THE ISSUANCE OF $100,000 OF GENERAL OBLIGATION BONDS FOR PARK IMPROVEMENTS," PROPOSITION NO. 3 "THE ISSUANCE OF $1,020,000 OF REVENUE BONDS FOR WATERWORKS AND SANITARY SEWER SYSTEM IMPROVEMENTS." On election day, the polls shall be open from 7: 00 o'clock a.m. to 7:00 o'clock p.m. SECTION 4. Absentee voting shall be conducted at the City Secretary's office in the City Hall, 1400 Live Oak Road, Schertz, Texas 78154. With the exception of Saturdays, Sundays and official State holidays, said office or place shall remain open from 8:00 o'clock a.m. to 4:00 o'clock p.m. for absentee voting. An Absentee Ballot Board is hereby established for the purpose of process ing absentee voting results. Ms. Janistine Kvapil is hereby appointed the Presiding Judge of the Absentee Ballot Board. Said Presiding Judge shall appoint not less than two (2) nor more than four (4) resident qualified electors of the City to serve as members of the Absentee Ballot Board. SECTION 4. All resident qualified electors of the City shall be permitted to vote at said election and on the day of the election, such electors shall vote at the designated pOlling place. The election shall be held and conducted in accordance with the provisions of the Texas Election Code, as amended, and the provisions of Texas Revised Civil Statutes Annotated Chapter 1 of Title 22, as amended, and as may be required by any other law. All election materials and proceedings shall be printed in both English and SpaniSh. -4- 3083E " SECTION 5. A substantial copy of this Ordinance shall serve as a proper notice of said election. Said notice, including a Spanish translation thereof, shall be posted at three (3) public places within the City and at the City Hall not less than fourteen (14) full days prior to the date such election is to be held, and be published on the same day in each of two (2) successive weeks in a newspaper of general circulation in said City, the first of said publications to appear in said newspaper not more than thirty (30) days, and not less than fourteen (14) full days prior to the day of the election, PASSED AND APPROVED, this the 18th day of November, 1986. THE CITY OF SCHERTZ, TEXAS ATTEST: ~~cr~~.~ (SEAL OF CITY) -5- JOB J E COPy CERTIFICATE OF CITY SECRETARY CITY OF SCHERTZ ~ ~ ~ ~ ~ ~ THE STATE OF TEXAS COUNTIES OF BEXAR, COMAL AND GUADALUPE I, the undersigned City Secretary of the City Council of the City of Schertz, Texas (the City), DO HEREBY CERTIFY as follows: 1. That the Ci ty Council of the City of Schertz, Texas, convened on the 18th day of November, 1986, in regular session at its regular meeting place in the City; the duly constituted officers and members of the City Council being as follows: Earl W. Sawyer Charles B. Sharpe Hal Baldwin Raymond Stanhope Adolph Aguilar Ken Greenwald Mayor Councilmember Councilmember Councilmember Councilmember Councilmember and all of said persons were present, thus constituting a quorum. Also present were Mr. Jimmy Gilmore, the City Manager, and Ms. June Krause, the City Secretary. Among other business considered at the meeting, the attached ordinance (the Ordinance) entitled: AN ORDINANCE CALLING A BOND ELECTION TO BE HELD IN THE CITY OF SCHERTZ, TEXAS, MAKING PROVISION FOR THE CONDUCT OF THE ELECTION AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION. was introduced for the consideration of the City Council and ~~ in full. It was then duly moved by Counailmember and seconded by Councilmember (J ~ t at ~inance be adopted; and, after due dis~ssion, said motion, prevailed and carried by the fOllowing vote: S voted "For" o voted "Against" d "Abstained" c' , all as shown in the official Minutes of the City Council for the meeting held on aforesaid date. 2. That the attached Ordinance is a true and correct copy of the original on file in the official records of the City; the duly qualified and acting members of the City Council on the date of the aforesaid meeting are those persons shown above and, according to the records of my office, each member of the City Council was given actual notice of the time, place and purpose of the meeting and had actual notice that the matter would be considered; and that said meeting, and deliberation of the aforesaid public business, including the sUbject of the entitled Ordinance, was posted and given in advance thereof in compliance with the provisions of Texas Revised Civil Statutes Annotated Article 6252-17, as amended. IN WITNESS WHEREOF, I Officially and affixed the seal of November, 1986, have hereunto signed my name of the Ci ty, this the 18th day (SEAL OF CITY) -2- 3 0 B S E