HomeMy WebLinkAboutOrd. 1985-1440 - call bond election
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ORDINANCE NO. 1440
AN ORDINANCE CALLING BOND ELECTION; PROVIDING
AND FIXING DETAILS RELATING THERETO; AND
DECLARING THAT SAID ORDINANCE SHALL BE
EFFECTIVE IMMEDIATELY UPON ADOPTION
WHEREAS, the outstanding bonds of the City of
La Porte Waterworks and Sewer System Revenue Bonds, Series
1965 constitute the only indebtedness chargeable against the
net revenues of the Waterworks and Sewer System of the City
of La Porte, Texas (the "City"); and
WHEREAS, it is provided in the ordinance authoriz-
ing the issuance of said outstanding bonds, and in said bonds,
that additional revenue bonds may be issued on a parity with
said outstanding bonds; and
WHEREAS, there is a need for the construction of
extensions and improvements to the waterworks ,and sewer sys-
tem of the City, and the City Council has determined, and
hereby determines, that propositions for the issuance of
additional revenue bonds for such purposes should be submit-
ted at an election, as hereinafter provided, said bonds to
be payable from' the net revenues derived from the operation
of the City's waterworks and sewer system on a parity with
said outstanding bonds; and
WHEREAS, the City Council of the City of La Porte
has also determined, and hereby determines, that propositions
for the issuance of tax bonds of the City for the purpose of
making certain permanent public improvements, as hereinafter
provided, should also be submitted at such election; 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 LA PORTE:
Section l. That a special election shall be held
in and throughout the City of La Porte, Texas, on the l5th
day of June, 1985, which is not less than fifteen nor more
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than ninety days from the date of this ordinance, at which
election there shall be submitted to the duly qualified res-
ident electors within the City, for their action thereupon,
the following propositions, to-wit:
PROPOSITION NO.1
SHALL THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS, BE AUTHORIZED TO ISSUE THE REVENUE BONDS OF
SAID CITY, IN ONE OR MORE SERIES, IN THE AGGREGATE
PRINCIPAL AMOUNT OF $800,000, MATURING SERIALLY
WITHIN 25 YEARS FROM THEIR DATE OR DATES AND BEAR-
ING INTEREST AT A RATE OR RATES NOT TO EXCEED THE
MAXIMUM AUTHORIZED BY LAW AT THE TIME OR TIMES
SUCH BONDS ARE ISSUED, ALL AS SHALL BE DETERMINED
BY SAID CITY COUNCIL, FOR THE PURPOSE OF EXTENDING
AND IMPROVING THE CITY'S EXISTING WATERWORKS SYSTEM;
SAIO BONDS TO BE ISSUED IN ACCORDANCE WITH AND
SECURED IN THE MANNER PROVIDED IN ARTICLES 1111 to
1118, BOTH INCLUSIVE, VERNON'S TEXAS CIVIL STATUTES,
AS AMENDED; AND TO SECURE THE PAYMENT OF THE IN-
TEREST ON SAID BONDS AS IT ACCRUES AND THE PRINCI-
PAL OF SAID BONDS AS THEY MATURE BY PLEDGING THE
NET REVENUES FROM THE OPERATION OF THE CITY'S
WATERWORKS AND SEWER SYSTEM; EACH BOND TO BE CON-
DITIONED 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;
AND SAID BONDS TO BE ON A PARITY IN ALL RESPECTS
WITH THE OUTSTANDING BONDS OF SAID CITY PAYABLE
FROM THE NET REVENUES OF SAID WATERWORKS AND SEWER
SYSTEM?
PROPOSITION NO. 2
SHALL THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS, BE AUTHORIZED TO ISSUE THE REVENUE BONDS OF
SAID CITY, IN ONE OR MORE SERIES, IN THE AGGREGATE
PRINCIPAL AMOUNT OF $8,550,000, MATURING SERIALLY
WITHIN 25 YEARS FROM THEIR DATE OR DATES AND BEAR-
ING INTEREST AT A RATE OR RATES NOT TO EXCEED THE
MAXIMUM AUTHORIZED BY LAW AT THE TIME OR TIMES
SUCH BONDS ARE ISSUED, ALL AS SHALL BE DETERMINED
BY SAID CITY COUNCIL, FOR THE PURPOSE OF EXTENDING
AND IMPROVING THE CITY'S EXISTING SANITARY SEWER
SYSTEM; SAID BONDS TO BE ISSUED IN ACCORDANCE WITH
AND SECURED IN THE MANNER PROVIDED IN ARTICLES
1111 to 1118, BOTH INCLUSIVE, VERNON'S TEXAS CIVIL
STATUTES, AS AMENDED; AND TO SECURE THE PAYMENT OF
THE INTEREST ON SAID BONDS AS IT ACCRUES AND THE
PRINCIPAL OF SAID BONDS AS THEY MATURE BY PLEDGING
THE NET REVENUES FROM THE OPERATION OF THE CITY'S
WATERWORKS AND SEWER SYSTEM; EACH BOND TO BE CON-
DITIONED 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;
AND SAID BONDS TO BE ON A PARITY IN ALL RESPECTS
WITH THE OUTSTANDING BONDS OF SAID CITY PAYABLE
FROM THE NET REVENUES OF SAID WATERWORKS AND SEWER
SYSTEM?
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PROPOSITION NO. 3
SHALL THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS, BE AUTHORIZED .TO ISSUE THE TAX BONDS OF
SAID CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE
AGGREGATE PRINCIPAL AMOUNT OF $2,500,000, MATURING
SERIALLY WITHIN 25 YEARS FROM THEIR DATE OR DATES
AND BEARING INTEREST AT A RATE OR RATES NOT TO
EXCEED THE MAXIMUM NOW OR HEREAFTER AUTHORIZED BY
LAW, ALL AS SHALL BE DETERMINED BY SAID CITY COUN-
CIL, FOR THE PURPOSE OF MAKING PERMANENT PUBLIC
IMPROVEMENTS, TO-WIT: CONSTRUCTING IMPROVEMENTS TO
THE STREETS IN SAID CITY, INCLUDING NECESSARY
DRAINAGE IN CONNECTION THEREWITH, AND TO LEVY AN
ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN SAID
CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS
AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING
FUND TO PAY THE PRINCIPAL OF SAID BONDS AS THEY
MATURE?
PROPOSITION NO. 4
SHALL THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS, BE AUTHORIZED TO ISSUE THE TAX BONDS OF
SAID CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE
AGGREGATE PRINCIPAL AMOUNT OF $3,000,000, MATURING
SERIALLY WITHIN 25 YEARS FROM THEIR DATE OR DATES
AND BEARING INTEREST AT A RATE OR RATES NOT TO
EXCEED THE MAXIMUM NOW OR HEREAFTER AUTHORIZED BY
LAW, ALL AS SHALL BE DETERMINED WITHIN THE DIS-
CRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF
CONSTRUCTING PERMANENT DRAINAGE IMPROVEMENTS WITHIN
SAID CITY BY THE EXCAVATION, CLEANING, DEEPENING
AND WIDENING OF DRAINS AND DITCHES AND THE PURCHASE
OF PUMPS, PIPES, MOTORS AND OTHER EQUIPMENT, APPA-
RATUS AND FACILITIES FOR THE DRAINAGE OF THE SUR-
FACE AND FLOOD WATERS FROM THE SAID CITY, AND TO
LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN SAID
CITY ANNUALLY, SUFFICIENT TO PAY THE INTEREST ON
SAID BONDS AS IT ACCRUES, AND TO CREATE AND PROVIDE
A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS
AS THEY MATURE?
PROPOSITION NO. 5
SHALL THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS, BE AUTHORIZED TO ISSUE THE TAX BONDS OF
SAID CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE
AGGREGATE PRINCIPAL AMOUNT OF $4,000,000, MATURING
SERIALLY WITHIN 25 YEARS FROM THEIR DATE OR DATES
AND BEARING INTEREST AT A RATE OR RATES NOT TO
EXCEED THE MAXIMUM NOW OR HEREAFTER AUTHORIZED BY
LAW, ALL AS SHALL BE DETERMINED WITHIN THE DIS-
CRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF
ACQUIRING AND IMPROVING A SANITARY LANDFILL, IN-
CLUDING THE PURCHASE OF NECESSARY SITES THEREFOR,
AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY
WITHIN SAID CITY SUFFICIENT TO PAY THE INTEREST ON
SAID BONDS AS IT ACCRUES, AND TO CREATE AND 'PROVIDE
A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS
AS THEY MATURE?
PROPOSITION NO. 6
SHALL THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS, BE AUTHORIZED TO ISSUE THE TAX BONDS OF
SAID CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE
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AGGREGATE PRINCIPAL AMOUNT OF $2,5UO,000, MATURING
SERIALLY WITHIN 25 YEARS FROM THEIR DATE OR DATES
AND BEARING INTEREST AT A RATE OR RATES NOT TO
EXCEED THE MAXIMUM NOW OR HEREAFTER AUTHORIZED BY
LAW, ALL AS SHALL BE DETERMINED WITHIN THE DIS-
CRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF
PURCHASING AND/OR IMPROVING LAND FOR PARK PURPOSES
(BUT EXCLUDING THE IMPROVEMENTS SPECIFIED IN
PROPOSITION NO.7), AND TO LEVY AN ANNUAL TAX ON
ALL TAXABLE PROPERTY WITHIN SAID CITY SUFFICIENT
TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES,
AND TO CREATE AND PROVIDE A SINKING FUND TO PAY
THE PRINCIPAL OF SAID BONDS AS THEY MATURE?
PROPOSITION NO. 7
SHALL THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS, BE AUTHORIZED TO ISSUE THE TAX BONDS OF
SAID CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE
AGGREGATE PRINCIPAL AMOUNT OF $1,500,000, MATURING
SERIALLY WITHIN 25 YEARS FROM THEIR DATE OR DATES
AND BEARING INTEREST AT A RATE OR RATES NOT TO
EXCEED THE MAXIMUM NOW OR HEREAFTER AUTHORIZED BY
LAW, ALL AS SHALL BE DETERMINED BY SAID CITY COUN-
CIL, FOR THE PURPOSE OF IMPROVING LAND FOR PARK
PURPOSES, TO-WIT: CONSTRUCTING OR PURCHASING A
GYMNASIUM, SUPPORT FACILITIES AND RELATED IMPROVE-
MENTS IN LITTLE CEDAR BAYOU PARK, AND TO LEVY AN
ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN SAID
CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS
AS IT ACCRUES, AND TO CREATE AND PROVIDE A SINKING
FUND TO PAY THE PRINCIPAL OF SAID BONDS AS THEY
MATURE?
PROPOSITION NO. 8
SHALL THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS, BE AUTHORIZED TO ISSUE THE TAX BONDS OF
SAID CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE
AGGREGATE'PRINCIPAL AMOUNT OF $550,000, MATURING
SERIALLY WITHIN 25 YEARS FROM THEIR DATE OR DATES
AND BEARING INTEREST AT A RATE OR RATES NOT TO
EXCEED THE MAXIMUM NOW OR HEREAFTER AUTHORIZED BY
LAW, ALL AS SHALL BE DETERMINED WITHIN THE DIS-
CRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF
CONSTRUCTING OR PURCHASING A PUBLIC BUILDING,
NAMELY A FIRE STATION, AND ADDITIONS AND IMPROVE-
MENTS THERETO, AND TO LEVY TAXES UPON ALL TAXABLE
PROPERTY WITHIN. SAID CITY ANNUALLY, SUFFICIENT TO
PAY THE INTEREST ON SAID BONDS AS IT ACCRUES, AND
TO CREATE AND PROVIDE A SINKING FUND TO PAY THE
PRINCIPAL OF SAID BONDS AS THEY MATURE?
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PROPOSITION NO. 9
SHALL THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS, BE AUTHORIZED TO ISSUE THE TAX BONDS OF
SAID CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE
AGGREGATE PRINCIPAL AMOUNT OF $1,500,000, MATURING
SERIALLY WITHIN 25 YEARS FROM THEIR DATE OR DATES
AND BEARING INTEREST AT A RATE OR RATES NOT TO
EXCEED THE MAXIMUM NOW OR HEREAFTER AUTHORIZED BY
LAW, ALL AS SHALL BE DETERMINED WITHIN THE DIS-
CRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF
CONSTRUCTING OR PURCHASING A PUBLIC BUILDING,
NAMELY A FIRE DEPARTMENT TRAINING FACILITY AND
RELATED IMPROVEMENTS, INCLUDING THE PURCHASE OF A
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SITE THEREFOR, AND TO LEVY TAXES UPON ALL TAXABLE
PROPERTY WITHIN SAID CITY ANNUALLY, SUFFICIENT TO
PAY THE INTEREST ON SAID BONDS AS IT ACCRUES, AND
TO CREATE AND PROVIDE A SINKING FUND TO PAY THE
PRINCIPAL OF SAID BONDS AS THEY MATURE?
Section 2. Said election shall be held at each of
the following voting places within the City, and the fol-
lowing named persons are hereby appointed as officers of
said election, to-wit:
Election Precinct No.1: All voters living in
Precinct No. 1 (consisting of that portion of the City which
is located north of an imaginary line 900 feet south of and
parallel to Avenue "H", and west of the Southern Pacific
Railroad) shall vote at the Lomax Elementary School, which
is located at 10615 North Avenue ilL" in the City, with the
following election officers:
Sarah Armand, Presiding Judge
Jerrie Neumann, Alternate Presiding Judge
Election Precinct No.2: All voters living in
Precinct No. 2 (consisting of that portion of the City which
is west of Big Island Slough and south of an imaginary line
900 feet south of and parallel to Avenue "H", (and consisting
of that portion of the City which is enclosed by San Jacinto
Junior College on the West; Spencer Highway [West Main
Street] on the North; Fairmont Parkway on the South; and
Underwood Road on the East) shall vote at the Baker School
Cafetorium, which is located at West Main Street and Under-
wood Road in the City with the following election officials:
Bertha Cook, Presiding Judge
Georgette Oliver, Alternate Presiding Judge
Election Precinct No.3: All voters living in
Precinct No. 3 (consisting of that portion of the City which
is enclosed by Big Island Slough, Fairmont Parkway, the
Southern Pacific Railroad, and an imaginary line 900 feet
south of and parallel'to Avenue "H") shall vote at the
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Leo Rizzuto Elementary School, which is located at 320l
Farrington Boulevard in the City with the following election
officials:
Janet Graves, Presiding ~udge
Roberta Sodaro, Alternate Presiding Judge
Election Precinct No.4: All voters living in
Precinct No. 4 (consisting of that portion of the City which
is east of the Southern Pacific Railroad, north of "B"
.
Street and west of Broadway) shall vote at the DeWalt Special
Services Center, which is located at Madison and N. 6th
Street in the City with the following election officials:
Pauline Lewis, Presiding Judge
Anna Humphrey, Alternate Presiding Judge
Election Precinct No.5: All voters living in
Precinct No. 5 (consisting of that portion of the City which
is enclosed by Broadway, Little Cedar Bayou, Galveston Bay,
Donaldson Avenue, and Barbour's Cut Boulevard) shall vote at
the La Porte Senior High School, which is located at 301 E.
Fairmont Parkway in the City with the following election
officials:
Reba Felscher, Presiding Judge
E. W. Felscher, Alternate Presiding Judge
Election Precinct No.6: All voters living in
Precinct No. 6 (consisting of that portion of the City which
is enclosed by the Southern Pacific Railroad, "B" Street,
Broadway, Little Cedar Bayou, Galveston Bay, and the north
line of the Bayshore Municipal Utility District) shall vote
at the La Porte City Hall, which is located at 604 W.
Fairmont Parkway in the City with the following election
officials:
Nadine Jones, Presiding Judge
Delores Gonzales, Alternate Presiding Judge
The Presiding Judge at each polling place shall appoint as
many Clerks as he deems necessary for the proper conduct of
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the election, provided such number of Clerks in each
Precinct shall be at least two and not more than four.
Section 3. That voting in said election, including
absentee voting, shall be by the use of an electronic
voting/punch card system, and the official ballots for said
election shall conform to the requirements of the Texas Elec-
tion Code, as amended, and in addition shall have printed
thereon the following:
OFFICIAL BALLOT
/7
D
FOR
PROPOSITION NO.1
THE ISSUANCE OF $800,000 WATERWORKS
SYSTEM IMPROVEMENT REVENUE BONDS
AGAINST
PROPOSITION NO. 2
n
D
FOR
THE ISSUANCE OF $8,550,000 SEWER
SYSTEM IMPROVEMENT REVENUE BONDS
AGAINST
PROPOSITION NO. 3
17
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FOR
THE ISSUANCE OF $2,500,000 STREET
IMPROVEMENT TAX BONDS
AGAINST
PROPOSITION NO. 4
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FOR
THE ISSUANCE OF $3,000,000 DRAINAGE
IMPROVEMENT TAX BONDS
AGAINST
PROPOSITION NO. 5
L7
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FOR
THE ISSUANCE OF $4,000,000 SANITARY
LANDFILL TAX BONDS
AGAINST
PROPOSITION NO. 6
D
L/
FOR
THE ISSUANCE OF $2,500,000 PARK
IMPROVEMENT TAX BONDS
AGAINST
PROPOSITION NO. 7
D
FOR
THE ISSUANCE OF $1,500,000 LITTLE
CEDAR BAYOU PARK GYMNASIUM TAX
BONDS
/ / AGAINST
PROPOSITION NO. 8
D
D
FOR
THE ISSUANCE OF $550,000 FIRE
STATION TAX BONDS
AGAINST
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PROPOSITION NO. 9
D
FOR
THE ISSUANCE OF $1,500,000 FIRE
DEPARTMENT TRAINING FACILITIES TAX
BONDS
/ / AGAINST
AS TO EACH PROPOSITION, place a punch hole (mark) in the
space provided beside the statement indicating the way you
wish to vote.
Section 4. Absentee voting in such election shall
be conducted by-Cherie Black at her office in the City Hall
of the City of La Porte, Texas. The absentee clerk's
mailing address to which ballot applications and ballots
voted by mail may be sent is P. O. Box 1115, La Porte, Texas
77571. Mrs. Black shall keep said office open for at least
nine (9) hours, that is from 8:00 A.M. to 5:00 P.M. on each
day for absentee voting which is not a Saturday, Sunday, or
an official State holiday.
Section 5. The Council Conference Room of the
La Porte City Hall is hereby designated as the Central
Counting Station to receive all ballots cast at said
election, and Cherie Black is hereby appointed the Presiding
Judge for said Central Counting Station. Said Judge shall
appoint any clerks necessary to assist in receiving ballots
and other records and in performing the other duties of said
Judge in this regard. The Mayor is her~by authorized and
directed to obtain, or cause to be obtained, the necessary
electronic tabulating equipment, to arrange for the testing
thereof as 'provided by law and to employ a duly qualified
manager and a duly qualified tabulation supervisor to
perform the duties respectively imposed on them by law with
respect to the processing and tabulation of ballots at the
Central Counting Station.
Section 6. That all election materials including
notice of the election, ballots, instruction cards, affida-
vits, and other forms which voters may be required to sign
and all absentee voting materials shall be printed in both
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English and Spanish, or Spanish translations thereof and/or
other assistance shall be provided, as required by the Texas
Election Code and the Federal Voting Rights Act of 1965,
each as amended.
Section 7. That notice of said election shall be
given by posting a copy thereof containing a substantial
copy of this ordinance at the City Hall and at three other
public places within the City not less than fourteen (14)
days prior to the date upon which said election is to be
held, and by publishing said notice on the same day in each
of two (2) successive weeks in The Bayshore Sun, the first
such publication to be not less than fourteen (14) days prior
to the date set for said election. It is hereby found and
declared that The Bayshore Sun is a newspaper of general
circulation within the City.
Section 8. That this ordinance shall take effect
and be in full force upon and after its adoption.
PASSED AND APPROVED this 29th day of April, 1985.
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Texas
ATTEST:
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City Secreta y, City of
La Porte, Texas
[SEAL]
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City Attorney, City of
La Porte, Texas
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