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
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