1986E29-Bond Election January 10, 1987
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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.
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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?"
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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
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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
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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.
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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)
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JOB J E
COPy
CERTIFICATE OF CITY SECRETARY
CITY OF SCHERTZ
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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)
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