Loading...
HomeMy WebLinkAbout1976-12-21 - Special City Council72 SPECIAL SESSION - TUESDAY DECEMBER 21, 1976 - 10:00:.A.M CHAMBER OF THE CITY COUNCIL CITY HALL, CITY OF STEPHENVILLE, TEXAS The City Council of the City of Stephenville, Texas, met Tuesday, December 21,. 1976, at 10:00 a.m. with Mayor Donald R. Jones present and presiding., Councilmembers Jim Chamber, W.M.Irwin, Calvin McGee, Charles Riggins, Raymond Anderson, Ermer Ferguson, Larry Hammett and Betty Heath were present. Others attending the meeting were City Administrator Marshall. Shelton, Director of Public Works R.Y.Gann, City Secretary Joyce Pemberton and Conrad Callicoatte. Mayor Jones called the meeting to order and explained that the purpose of this meeting was to accept bids and authorize contracts for the water improvements. Mr. Conrad Callicatte of Hunter & Associates Engineering Company, Dallas, Texas, came before the Council with the itemized and tabulated bids for the ground storage reservoir and materials (list attached to and becoming a part of these minutes.) Mr Callicoatte gave each member a copy of said list. After considerable discussion, Councilman Anderson moved to accept the low bid of Power Builders, Inc., Dallas, Texas, for the construction of the ground storage reservoir at their base bid of $361,500 with authority to the Mayor to execute change orders to per- petrate the reductions that were discussed in this meeting. (The reductions being $15,000 on instrumentations and items set forth in letter of December 20, 1976, in amount of $3,383 and pump bid selection of approximately $800.00) Councilwoman Heath made the second. Motion carried unanimously. Councilwoman Heath moved to accept the bids as underlined on said itemized list for materials with the exception of Trans -Tex bid on item 9 in the amount of $285.00, this bid to go to Clow Corp. in the amount of $270.00 and rejecting all bids on the fiberglass buildings. Councilman McGee made the second. Motion carried unanimously. Mayor Jones read the ordinance to accept bids and authorize contracts for said water improvements and the above motions were in fact adopting and passing said ordinance.as read. City Administrator Shelton advised the Council that the National Guard had requested the City of move the 1942 fire truck stored in the Armory and there is not a space available in either fire station. After some discussion, it was the consensus of the Council to check with Tarleton Uni- versity to see if they would be interested in keeping the 1942 truck at the University and to see if :the trucks could be stored at the Water Dept. warehouse., There being no further business, the meeting adjourned at 11:25 a.m. AT ST: t ecretary CERTIFICATE FOR ORDINANCE AUTHORIZING THE ISSUANCE, OF REFUNDING BONDS THE STATE OF TEXAS COUNTY OF ERATH .CITY OF STEPHENVILLE We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 1ST DAY OF FEBRUARY, 1977, at the City Hall, and the roll was called of the duly constituted officers and members of said City Council, to -wit: r Raymond Anderson Joyce Pemberton, Secretary Jim Chambers W. M. Irwin Charles Riggins Jess Sexton Mrs. Betty Heath Calvin McGee Larry Hammett and all of said persons were pret, except the following absentees: A lybv %Jo— j' vy thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written ORDINANCE AUTHORIZING THE ISSUANCE OF REFUNDING BONDS was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Ordinance be passed; and, after due discussion, said motion, carrying with it the passage of said Ordinance, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye ". NOES: None. 2. That a true, full and correct copy of the aforesaid Ordinance passed at the Meeting described in the above and fore- going paragraph is attached to and follows this Certificate; that said Ordinance has been duly recorded in said City Council minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Ordinance; that the persons named in the above and fore- going paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated there- in; that each of the,officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose; and that said Meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252 -17. 3. That the Mayor of said City has approved and hereby approves the aforesaid Ordinance; that the Mayor and the City Secretary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing o: the attached and following copy of said Ordinance for all purposes. SEAL SIGNED ANP,--$EALED the 1st day of February, 1977. - Secretary - Mayor ORDINANCE AUTHORIZING THE ISSUANCE OF REFUNDING BONDS THE STATE OF TEXAS COUNTY OF ERATH CITY OF STEPHENVILLE WHEREAS, heretofore on December 17, 1976, the City Council passed an ordinance authorizing the issuance of City of Stephenville, Texas Certificates of Obligation, Series 1976 -A, dated December 15, 1976, hereinafter called "Series 1976 -A Certificates of Obligation "; and WHEREAS, Series 1976 -A Certificates of Obligation, in the principal amount of $910,000, being Certificates of Obligation Nos. 1 through 182, have been issued and delivered, and the City has received full value therefor; and 1,7HEREAS, in order to effectuate an interest savings, the City deems it advisable to issue refunding bonds, as hereinafter set out, to refund Series 1976 -A Certificates of Obligation, in the principal amount of $910,000 pursuant to Article 717k -3, V.A.T.C.S. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section 1. That the said City's bonds are hereby author- ized to be issued in the aggregate principal amount of $910,000 for the purpose of refunding the Certificates of Obligation described in the preamble of this Ordinance. Section 2. That said bonds shall be designated as the CITY OF STEPHENVILLE, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 1976. Section 3. That said bonds shall be dated February 1, 1977, . shall be in the denomination of $5,000 each, shall be numbered consecutively from one upward, and shall mature serially on the maturity date, in each of the years, and in the amounts, respeectively, as set forth in the following schedule: MATURITY DATE: FEBRUARY 1 YEARS AMOUNTS 1984 $ 70,000 1985 95,000 1986 100,000 1987 105,900 1988 110,000 1989 120,000 1990 130,000 1991 130,000 1992 50,000 Section 4. That the bonds shall bear interest at the rate of 6% per annum. Said interest shall be evidenced by interest coupons which shall appertain to said bonds, and which shall be payable in the manner provided and on the dates stated in the FORM OF BOND set forth in this Ordinance. Section 5. That said bonds and interest coupons shall be issued, shall be payable, may be redeemed prior to their scheduled maturities, shall have the characteristics, and shall be signed and executed (and said bonds shall be sealed), all as provided, and in the manner indicated, in the FORM OF BOND set forth in this Ordinance. Section 6. That the form of said bonds, including the form of Registration Certificate of the Comproller of Public Accounts of the State of Texas to be printed and endorsed on each of said bonds, and the form of the aforesaid interest coupons which shall appertain and be attached initially to each of said bonds, shall be, respectively, substantially as follows: NO. FORM OF BOND UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF ERATH CITY OF STEPHENVILLE, TEXAS GENERAL OBLIGATION REFUNDING BOND SERIES 1977 $5,000 ON FEBRUARY 1, 19 , THE CITY OF STEPHENVILLE, IN THE COUNTY OF ERATH, STATE OF TEXAS, hereby promises to pay to bearer hereof the principal amount-of FIVE THOUSAND DOLLARS and to pay interest thereon, from date hereof, at the rate of per annum, evidenced by interest coupons payable August 1, 1977, and semi - annually thereafter while this bond is outstanding. THE PRINCIPAL of this bond and the interest coupons apper- taining hereto shall be payable to bearer, in lawful money of the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this bond or proper interest coupon, at the following, which shall constitute and be defined as the paying agent for this Series of bonds: STEPHENVILLE BANK AND TRUST CO., STEPHENVILLE, TEXAS THIS BOND is one of a series dated as of February 1, 1977, issued in the aggregate principal amount of $910,000, for the purpose of refunding the outstanding Certificates of Obligation of said City. ON FEBRUARY 1, 1987, or on any interest payment date there - fter, any outstanding bonds of this Series may be redeemed rior to their scheduled maturities, at the option of said ity, in whole, or in part, for the principal amount thereof nd accrued interest thereon to the date fixed for redemption. t least thirty days prior to the date fixed for any such re- emption said City shall cause a written notice of such redemp- ion to be published at least once in a financial publication ublished in the City of New York, New York. By the date fixed for any such redemption due provision shall be made with the Paying Agent for the payment of the principal amount of the bonds which are to be so redeemed and accrued interest thereon to the date fixed for redemption. If such written notice of redemption is published and if due provision for such payment is made, all as provided above, the bonds which are to be so redeemed thereby automatically shall be redemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the bearer to receive the redemption price from the Paying Agent out of the funds provided for such payment. IN ADDITION to all other rights, the holders of this Series of bonds have been subrogated to all pertinent and necessary rights of the holders of the obligations being refunded thereby. IT IS HEREBY certified, recited and covenanted that this bond has been duly and validly authorized, issued and delivered; that all acts, conditions and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance and delivery of this bond have been performed, existed, and been done in accordance with law; that this bond is a general obligation of said City, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this bond, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in said City, and have been pledged irrevocably for such payment, within the limit prescribed by law. IN WITNESS WHEREOF, this bond and the interest coupons appertaining hereto have been signed with the facsimile signa- ture of the Mayor of said City and countersigned with the fac- simile signature of the'City Secretary of said City, and the official seal of said City has been duly impressed, or placed in facsimile, on this bond. xxxxx xxxxx City Secretary Mayor FORM OF REGISTRATION CERTIFICATE COMPTROLLER'S. REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this bond has been examined, cer- tified as to validity, and approved by the Attorney General of the State of Texas, and that this bond has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this xxxxx Comptroller of Public Accounts of the State of Texas FORM OF INTEREST COUPON NO. 13 ON _, , THE CITY OF STEPHENVILLE, in the County of Erath, State of Texas, promises to pay to bearer hereof the amount shown on this interest coupon, in lawful money of the United States of America, without exchange or collection charges to the bearer hereof, unless due provision has been made for the redemption prior to scheduled maturity of the bonds to which the interest coupon appertains, upon presentation and surrender of this interest coupon, at Stephenville Bank and Trust Co., Stephenville, Texas, said amount being interest coming due that day on the bond, bearing the number hereinafter designated, of that issue of CITY OF STEPHENVILLE, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES SERIES 1977. Dated February 1, 1977. Bond No. 11 "111 Xxxxx City Secretary Mayor Section 7. That a special "Interest and Sinking Fund" is hereby created solely for the benefit of said bonds, and said Interest and Sinking Fund shall be established and main- tained by said City at an official depository bank of said City. Said Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of said City, and shall be used only for paying the interest on and principal of said bonds. All ad valorem taxes levied and collected for and on account of said bonds shall be deposited, as collected, to the credit of said Interest and Sinking Fund. During each year while any of said bonds or interest coupons appertaining thereto are outstanding and unpaid, the governing body of said City shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on said bonds as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of such bonds as such principal matures (but never less than 2% of the original amount of said bonds as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of said City, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in said City for each year while any of said bonds or interest coupons appertaining thereto are out- standing and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of said bonds, as such interest comes due and such principal matures, are hereby pledged irrevocably for such payment, within the limit prescribed by law. Section 8. That the proper proportionate part of the Interest and Sinking Fund originally established for the ob- ligations being refunded, together with the proper proportionate part of all taxes heretofore levied and now in the process of collection for the benefit of said obligations being refunded, are hereby appropriated, and shall be transferred immediately to the Series 1977 Interest and Sinking Fund created herein. Section 9. That the Mayor of said City is hereby authorized to have control of said bonds and all necessary records and proceedings pertaining to said bonds pending their delivery and their investigation, examination, and approval by the Attorney General of the State of TExas, and their regis- tration by the Comptroller of Public Accounts of the State of TExas. Upon registration of said bonds, said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate printed and endorsed on each of said bonds, and the seal of said-Comptroller shall be impressed, or placed in facsimile, on each of said bonds. Section 10. That the Comproller of Public Accounts of the State of Texas is hereby authorized and directed to deliver said bonds to the holder or holders of the Series 1976 -A Certificates of Obligation being refunded thereby, in exchange for, and upon surrender and cancellation of, a like amount of said obligations being so refunded, provided that all current and unmatured in- terest coupons are attached to each of said Series 1976 -A Cer- tificates of Obligation surrendered for exchange. In addition to all other rights, the holder of the bonds shall be subrogated to all pertinent and necessary rights of the holder of the ob- ligations being refunded hereby. Section 11. That it is hereby officially found and deter- mined that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Ordinance is passed, such emergency or urgent public necessity being that the proceeds from the sale of said bonds are required as soon as possible and without delay for necessary and urgently needed public improvements; and that said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252 -17. Section 12. That this Ordinance was read once by the City Council and it was deemed by the City Council that upon passage of this Ordinance it shall take effect immediately. GENERAL CERTIFICATE THE STATE OF TEXAS COUNTY OF ERATH CITY OF STEPHENVILLE We, the undersigned officers of said City, hereby certify as follows: 1. That this certificate is executed for and on behalf of said City with reference to the issuance of the proposed City of Stephenville, Texas General obligation Refunding Bonds, Series 1977, dated February 1, 1977, in the principal amount of $910,000. 2. That said City is duly.incorporated Home Rule City, having more than 5000 inhabitants, operating and existing under the Constitution and laws of the State of Texas and the duly adopted Home Rule Charter of said City, which Charter has not been changed or amended since the passage of the ordinance authorizing the issuance of the most recently dated, issued, and outstanding obligations of said City, shown in Exhibit A. which is attached to this certificate. 3. That no litigation of any nature has ever been filed pertaining to, affecting, questioning or contesting: (a) the ordinance which authorized said City's proposed REfunding Bonds described in paragraph 1 of this certificate; (b) the issuance, execution, delivery, payment, security or validity of said pro- posed Refunding Bonds; (c) the authority of the governing body and the officers of said City to issue, execute and delivery said Refunding Bonds; (d) the validity of the corporate exist- ence of said city; or (e) the current tax rolls of said City; and that no litigation is pending pertaining to, affecting, questioning, or contesting the current boundaries of said City. 4. That attached to this certificate and marked Exhibit A is a true, full and correct schedule and statement of all presently outstanding tax indebtedness of said City. 5. That the currently effective ad valorem tax rolls of said City are those for the year 1976, being the most recently approved tax rolls of said City; that said City has caused the taxable property in said City to be assessed as required by law; that the Board of Equalization of said City has equalized and approved the valuation of taxable property in said city for said year; that the tax assessor of said City has duly verified the aforesaid tax rolls, and said Board of Equalization has finally approved the same; and that the assessed value of tax- able property in said City upon which the annual ad valorem tax of said City actually has been or will be levied (after deduct- ing the amount of all exemptions, if any, under Section 1 -b(b), and Section 2(b) of Article 8 of the Texas Constitution, and Article 7150h, V.A.T.C.S.), according to the aforesaid tax rolls for said year, as delivered to the City Secretary of said City, and finally approved and recorded by the City Council of said City, is $21,833,634. 6. That none of the City of Stephenville, Texas Certifi- cates of Obligation, Series 1976 -A, dated December 15, 1977, being refunded by the aforesaid proposed City of Stephenville, Texas General Obligation Refunding Bonds, Series 1977, has ever been held in, or purchased for the account of, the Interest and Sinking Fund created and maintained for the benefit of such ob- ligations being so refunded and nothing in said Interest and Sinking Fund is available and can be used for the retirement of any such obligations. SIGNED AND SEALED the 1st day of February, 1977. ecretary ayo�f r SEAL EXHIBIT A Refunding Bonds, Series 1977, dated February 1, 1977, to be outstanding in the principal amount of $910,000, bearing interest, and maturing as set forth in the Ordinance author- izing said bonds. * Certificates of obligation, Series 1976 -A, dated December 15, 1976, now outstanding in the principal amount of $910,000, and maturing in the amounts on February 1 of the years as follows: 6 1/40: 70M -84, 15M -85, 100M -86, 105M -87; 110M -88; 120M -89, 130M- 90/91, 50M -92 Refunding Bonds, Series 1976, dated 6/10/76, now outstanding in the principal amount of $375,00, and maturing in the amounts on July 10 of the years as follows: 4 1/8 %: 5M- 77/78; 1OM- 79 -84; 15M- 85 -90; 20M- 91 -94; 25M- 95 -97; 30M -98/99 Waterworks Improvement Refunding Bonds, Series 1970, dated 9/1/70, now outstanding in the principal amount of $240,000, and maturing in the amounts on July 1 of the years as follows: 7 %: 20M- 77/78; 25M- 79;- 45M -80 7.25 %: 40M- 81/82; 50M -83 Refunding Bonds, Series 1969, dated 1/1/69, now outstanding in the principal amount of $224,000 and maturing in the amounts on January 1 of the years as follows: 5.25 %: 40M -81; 6014 -82; 70M -83; 54M -84 Refunding Bonds, Series 1966, dated 5/1/66, now outstanding in the principal amount of $144,000, and maturing in the amounts on December 1 of the years as follows: 4.50 %: 25M -77; 5011- 78/79; 19M -80 Airport Refunding Bonds, Series 1960, dated 4/1/60, now outstanding in the principal amount of $40,000, and maturing in the amounts on April 1 of the years as follows: 4..75 %: 20M -77/78 * These obligations will be refunded by the proposed Refund- ing Bonds, Series 1977. POWER BUILDERS, INC. 11138 MORRISON POST OFFICE BOX 29345. DALLAS, TEXAS 75229 214/243 -0036 December 20, 1976 Hunter Associates 5630 Yale Blvd. Dallas, Texas 75206 Attention: Mr. Conrad S. Callicoatte, P.E. Re: Stephenville Ground Storage Reservoir & Pumping Equipment City of Stephenville, Texas Gentlemen: The following items are to be deducted from our lump sum base bid, per our December 14, 1976, discussion: 1. Paving & Base $2,000 2. Seeding 350 3. Chlorination Equipment 100 4. Manholes -0- 5. Concrete (3,500# to 4,000 #) 783 6. Painting inside of Control Bldg. 150 Deduct Lump Sum $3,383 Very truly yours, POWER BUILL RS, INC. J. H. Farrow Vice President JHF /wm 61 e 6.` 1 —14/ 1�1 516 01, 11 ;;, V4- 176 7 :3 5 'F OILS, LCS,5 �'055'jhlc�, ri 'Pe oo 15-pyl F`gj i L) o, o0 a 1 D u c 'r D C z .n .n i Ti I r Z �c I� y V V • n :^ � � � „. n \ \ y yr, : � � � \ \ � � � � „ y • • � � t t. � � � �I N N . . t to � � � J J 0 p p 0 0 1 t 1 Z � 6 6 fly N NI 0 l ll r r1 r• a y H M m b ra (D N m 'd �d H o 0 H r• H n H C O M N l7. O It M o .. c ro H. E n N N m N m w N H CL ro o. O Z c r n w w ,.� n n a' cn cn cn � � Z m � m c [ Z �r roh A � N n m i n 0 n 0 0 0 0 0 0 0 0 0 0 o o w r• w r• w r• td w w r• w r• w r• w r• w w w w td n r' r• r• r r �, m 00 tj A C 0 0 m w c� c r� z �E Fl.� 0 � xn A �'d O m h y 0 O O O Nw �x w w y H. f. H. a r r 10 o A o G c z � ro X r . A (D h- n h G 11 m N C O 0 0 0 0 0 0 0 0 o N o r H 0 9' w H. w H. w P. w P. w w td w w ~ w m ol w { a a a a a. r• a r•- a r• a H. a p. o H. P. D r F .P N W r d to � io v rn A 0 O W n H A N O In - O m cc O D �cc c r D -I 0 'Z Im i rn td a N O d 0 qw (D - m (D na I-rC Z� ro b = ro m N m ro m H. H v, C n ran m m H. �d 3 H r H. _ N M N M H D b H O 0 n M C o H W .j O M .. • N H N fD = C .d a r P £ H :' N N H m r m` r w o :d ro w r r r r r o z C C C C G C Z m = OM { 0I 0 i v oa• A xl� x m w NI ` " tP Z Z Z z 7, Z l7N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o o 0 o r O_• td td td W w w w bd td td td trJ trJ td � W N• a W a V. a N. a N. N. F'• N. F'• N. H. N• N. N. D Pa N a a a a a rl a a a a w r .. 10 p H A o O 0 V m v N V C nG Z M -i rz m � cdx k td _A m nor oa N• 0 0 0 -i 5uo O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q•� td �• td r• w tr td td td td ed td td x i no Im . a' O H. w a H. 0.. H. Q. m N. L1. N. 0. r. P. H. QL r, N• r• �,. p. W C1. Q• - P• of _ H O p D5 O A V v c z 1 v ; A t- C m c - - - — — — — — — — m 0 1 n r a a n m td a N O d 0 qw (D - m (D na I-rC Z� ID IQ N '2 m I� IO N• W C w N Iq ID H H rti w r N H ro H o H O H C H O rn C H 11 H H O H w P. r - C: ro N £ H n N m n m r r a cl ro r O w v o r r r r r r O Z m w w C C C C C e r w w c 3 c Z H rt n i w p H r p M' m O m m 4j b v r 0 0 0 o z 1 o N' P. P. P. P. N P• W V W W H r co In In In N W �O O O O O O N In W co m In rn m In T A n m c z m H n w T A C7 w m � rt H H O O P O O O 0 m m m w w w m w V V ° w ro r • P • PO • P . P• F• P. P. P. H. CL P. P. N H. P 41 w P O U, O n - N W 0 O O O W u O O V M N H V ' r c o Z �:s 1 m W A � H n O O O z 0 z 0 z z z z z z z z 0 0 0 0 0 0 0 0 0 0 0 o p o 'W w N w N 'w r w N w r w N w N w N m w w w � w w P. P. P. p. P• P. P• r P• r P• N CL Q. O P. P: r V � V U N A n m