HomeMy WebLinkAbout1975-04-01 - Regular City Council690M
REGULAR SESSION - TUESDAY
APRIL 1, 1975
CHAMBERS OF THE CITY COUNCIL
CITY OF STEPHENVILLE, TEXAS
The City Council met in Regular Session Tuesday, April 1, 1975 at 7:00
P.M. with Mayor Donal R. Jones presiding. Councilmen Jim Chambers, W. M. Irwin,
Roy McCoy, Charles Riggins, Jesse Sexton, Larry Hammett and Neal Guthrie were
present. Councilman Raymond Anderson was absent.
Others attending the meeting were City Administrator Marshall Shelton,
City Attorney Joseph Chandler, Assistant City, Attorney Randy Chandler,
Director of Public Works R. Y. Gann, Director of Utilities Danny Johnson,
Director of Parks & Recreation Ronnie Isham, Chief of Police Mike Watkins,
Fire Marshall E. W. Ferguson, and City Secretary Joyce Pemberton.
George Fagan, Taylor Almon, K. E. Nuckols and J. W. Beck were also
present.
There being no additions, deletions or corrections, Councilman Guthrie
moved, seconded by Councilman Sexton, to approve the minutes of the meetings
of March 4, 1975 and March 18, 1975 as written. Motion carried unanimously.
Mr. Taylor Almon of Almon and Company, Investment Bankers of Dallas,
spoke to the Council, along with George Fagan of Hunter & Associates,
concerning the financing of three test water wells by Certificates of
Obligation in the amount of $100,000.00.
well
The three w" sites are located approximately two, four, and six miles
southeast of the city on U.S.Highway 67.
After considerable discussion, Councilman Chambers moved, seconded by
Councilman Irwin, to pass ordinance to give notice to seek bids for the
drilling of three test water wells and to give notice of intent to issue
Certificates of Obiigation to pay the contract in the event we accept any of
the bids. Motion carried unanimously.
ORDINANCE
ORDINANCE DIRECTING PUBLICATION OF NOTICE TO BIDDERS AND GIVING NOTICE OF
INTENTION TO ISSUE CERTIFICATES OF OBLIGATION.
The Mayor and Council agreed to set the 29th of April, 1975 at 10:00 A.M.
for the final submission of bids and authorized City Administrator Marshall
Shelton to open the bids, tabulate them and submit to Hunter & Associates to
check out.
Mayor Jones appointed a committee of Councilmen Irwin, Chairman, Guthrie,
McCoy and Hammett to canvass the Election Returns that were brought in by the
Election Judge C. N. Merrill -.
The returns were as follows:
Place 1---------- - - - - -- Charles Riggins-------------------- -479
Michael Lynn Walker---------- - - - - -- -148
Place 3--------------- -James T. Chambers------------ - - - - -- -615
Place 5--------------- -Jesse Sexton----------------- - - - - -- -611
Place 7---------- - - - - -- Raymond Anderson------------- - - - - -- -362
Robert A. Pitzer ----- =-------------- 269
Chairman of the Canvassing Committee W. M. Irwin reported that 631
votes were cast and Councilmen Riggins, Chambers, Sexton and Anderson were
elected.
Councilman Irwin moved, seconded by Councilman Guthrie, to approve the
report of the canvassing committee. Motion carried unanimously.
Mr. K. E. Nuckols, 1040 W. Jones, came before the Council requesting the
"No Parking" signs on the south side of Jones St. be taken down so that he
could park his two pickups and a truck on the street. Mr. Nuckols also had
given the Mayor a petition signed by three residents on Jones St.
Chief of Police Mike Watkins stated that he thought the signs were
necessary because of the traffic near the high school. Chief Watkins also
stated that, in his opinion, the traffic conditions would improve when the
high school moved to its new location.
M
After considerable discussion, Mayor Jones appointed a committee of
Councilmen Guthrie, Chairman, Riggins, and Hammett to study this to see if
there is some way to work the problem out to everyone's satisfaction.
Councilman Irwin read an ordinance from the Code of Ordinances which
would forbid his parking his truck on the city streets at any time in a
residential district of the city, which settled the problem.
Mr. Coleman Campbell, 1066 W. Jones, came before the Council asking the
Council not take the parking regulations down. Mr. Campbell also suggested
putting in speed limit signs. No action was taken on this.
Mayor Jones explained that the terms of five members of the Planning
Commission had expired and he submitted the following names for a three year
term on the Planning Commission:
Clinton Cox Virginia Dorris
David Cheatham Bill Cogburn
Susie Coan
Lyle Lacy was named for a one year unexpired term for John Morehart
After some discussion, Councilman Chambers moved, seconded by
Councilman Riggins, to accept the above listed persons, contingent upon
their acceptance, for three years and one year respectively as members of
the City Planning Commission. Motion carried unanimously.
Mayor Jones explained that the City Zoning Board had recommended to the
City Council, in their meeting of March 21st, that the zoning of Lot 14, Block
145, City Addition, City of Stephenville, be changed from Residence 1 to
Business 2. This property to be used for the construction of a self- service
gas station and possibly some office space.
After some discussion, Councilman Chambers moved, seconded by Council-
man Guthrie, to hold a public hearing for the purpose of discussing the re-
zoning of Lot 14, Block 145, City Addition, City of Stephenville, Texas. This
hearing to be held on May 6, 1975 at 7 :00 P.M. Motion carried unanimously.
Councilman Chambers reported that the committee had met and discussed
the purchase of the property owned by Paul Kasch which is adjacent to the
City Park and the sale of the city owned property on Harbin Drive and the
possibility of a 50% grant toward the purchase of said property. Council-
man Chambers explained that, officially, the committee did not have a
recommendation but the consensus of the committee was not to purchase the
property at this time. No action was taken.
Mayor Jones explained that in a previous meeting the Council had
discussed and asked Mr. Emmett Rohr to furnish a letter and references
in regard to his purchase of Mr. Cecil Davis' operations at the Airport,
which Mr. Rohr had done.
After some discussion, Councilman Sexton moved, seconded by Councilman
Hammett, to authorize Mr. Shelton to check the references given, plus any
other sources we might have for a background check and, if these check out,
give his recommendation to the Council at the next meeting. Also, incor-
porated into the motion, was authorization for Mr. Shelton, if references
check out, to send a letter to Mr. Rohr that he would be acceptable under
the contract. Motion carried unanimously.
Mr. J. W. Beck, local manager of Lone Star Gas Co., came before the
Council presenting an ordinance to permit Lone Star Gas Co. to pass on to
its customers the additional gas cost resulting from an increase by the
Lo -Vaca Gathering Company to Lone Star.
After considerable discussion, Councilman Hammett moved, seconded by
Councilman Sexton, to set a called meeting, for the purpose of holding a
public hearing on the passage of said ordinance. This public hearing to
be held April 15, 1975 at 3:00 P.M.. Motion carried unanimously.
There being no other business, the meeting adjourned at 8:50 M.
Y
ATTEST:
it Secretary
1
City National Bank
Austin, Texas
Gentlemen:
City of Stephenville Certificates of Obligation
Series 1975, $100,000
The ISSUER and the PURCHASERS of the captioned Series
of Certificates of Obligation have designated your bank as
the place, and as their agent, for the delivery and payment
of the Certificates of Obligation. Upon notice of their
registration, you are hereby authorized and directed to pick
up the Certificates of Obligation at the Bond Division of the
Office of Comptroller of Public Accounts, and to hold them
for safekeeping pending said delivery and payment.
Please send Certificate Number One of said Series to
McCall, Parkhurst & Horton, Attorneys at.Law., Dallas, Texas,
for examination and return to you. Upon your receipt of the
final unqualified approving legal opinion of said Attorneys
as to the validity of the Certificates of Obligation, you
are authorized and directed to deliver the Certificates of
Obligation to the PURCHASERS thereof, to -wit:
ALMON & CO., DALLAS, TEXAS
when you have received payment for the Certificates of Obli-
gation, in immediately available funds, in the sum of the
principal amount or par value thereof. and accrued interest
to date of delivery.
You are further authorized and directed to remit all of
the aforesaid proceeds received from the delivery and payment
of the Certificates of Obligation, immediately upon receipt,
and by the fastest means available, to the credit of the ISSUER
of the Certificates of Obligation, at its OFFICIAL DEPOSITORY,
as follows:
STEPHENVILLE BANK AND TRUST COMPANY
STEPHENVILLE , Texas
. Enclosed herewith are four signed but undated copies of
the TREASURER'S RECEIPT and the SIGNATURE IDENTIFICATION AND
NO- LITIGATION CERTIFICATE for said Series. You are hereby au-
thorized and directed to date all copies of the Receipt and
Signature Certificate concurrently with the date of delivery
and payment of the Certificates of Obligation. If any liti-
gation or contest should develop pertaining to the Certificates
of'Obligation or any other matters covered by said Signature
Certificate, the undersigned will notify you thereof immediately
by telephone and telegraph. With this assurance you can rely
on the absence of any such litigation or contest, and on the
veracity and currency of said Signature Certificate, at,the
time of delivery and payment of the Certificates of Obligation,
unless you are notified otherwise as aforesaid. After the
Treasurer's Receipt and the Signature Certificate have been
dated in accordance with the foregoing instructions, please.
send all copies thereof to McCall, Parkhurst & Horton.
Sincerely yours,
i
CITY OF STEPHENVILLE, TEXAS
Mayor
�d
CERTIFICATE FOR
ORDINANCE AUTHORIZING TILE ISSUANCE OF INTEREST BEARING
CERTIFICATES OF OBLIGATION
TILE 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 6TH DAY OF MAY, 1975,
at the City Hall, and the roll was called "of the duly constituted'
officers and members of said City Council, to -wit:
Don Jones, Mayor Raymond Anderson
Joyce Pemberton, Secretary Jim Chambers
Charles Riggins
Jess Sexton Roy David McCoy
Neal Guthrie Larry Hammett
and all of said persons were present, except the following
absentees: W. M. Irwin
thus constituting a'quorum. Whereupon, among other business,
the following was transacted at said Meeting: a written
ORDINANCE AUTHORIZING THE ISSUANCE OF INTEREST BEARING
CERTIFICATES OF OBLIGATION
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 £ore -
going paragraph is attached to'and follows this Certificate; that
said Ordinance has been duly recorded in said City Council's
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 ordin-
ance; that the persons,named in the above and foregoing paragraph
are.the duly chosen, qualified, and acting officers and members
of said City Council as indicated therein; that each of the
officers and members of said City Council was duly and sufficient
ly notified officially and personally, in advance, of the time,
place, and purpose of the aforesaid Meeting, and that said Ordin-
ance would be introduced and considered for passage at said Meet-
ing, 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
of the attached and following copy of said Ordinance for all pur-
poses.
SIGNED A" SEALED the 6th day of May, 19
(SEAL)
i
AN ORDINANCE
AUTHORIZING THE ISSUANCE OF
CITY OF STEPHENVILLE
INTEREST BEARING CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS
COUNTY OF ERATH
CITY OF STEPHENVILLE
WHEREAS, the City Council deems it advisable to issue
Certificates of Obligation to be sold for cash for the purpose
of paying all or a portion of the City's contractual obligations
for improvements and extensions to the City's waterworks system,
to -wit: drill test holes for water field and for paying all or a
portion of the legal, fiscal and engineering fees in connection
with this project; and
WHEREAS, the Certificates of Obligation hereinafter author-
ized and designated are to be issued and delivered pursuant to
1e 2368.1 V.A.T.C.S.; and
WHEREAS, the City Council has heretofore, on the 1st of
il, 1975, passed an Ordinance authorizing and directing the
y Secretary to give Notice of Intention to Issue Certificates
Obligation and Notice to Bidders; and
WHEREAS, said notice has been duly published in the
tephenville Empire Tribune, which is a newspaper of general
rculation in the City of Stephenville, Texas, in its issues
April 3, 1975 and April 10, 1975; and
WHEREAS, the City received no petition from the qualified
,electors of the City protesting the issuance of such Certificates
Obligation; and
WHEREAS, the contract was awarded to the successful bidder,
g Singer -Layne Texas.
I
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF STEPHENVILLE:
Section 1. That the said City's Certificates of Obligation
(hereinafter sometimes called "Certificates ") are hereby author-
ized to be issued in the aggregate principal amount of $100,000,
FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTRAC-
TUAL OBLIGATIONS FOR IMPROVEMENTS AND EXTENSIONS TO THE CITY'S
SYSTEM, TO -WIT: DRILL TEST HOLES FOR WATER FIELD AND
FOR PAYING ALL OR A PORTION OF THE LEGAL, FISCAL AND ENGINEERING
FEES IN CONNECTION WITH THIS PROJECT.
Section 2. That said Certificates shall be designated as
the CITY OF STEPHENVILLE CERTIFICATES OF OBLIGATION, SERIES 1975.
Section 3. That said Certificates shall be dated June 1,
1975, shall'be in the denomination of $5,000 each, shall be
numbered consecutively from one upward, and shall all mature
serially on June 1, 1985.
Section 4. That said Certificates shall bear interest from
their date to their respective maturities, or to their dates of
redemption prior to maturity, at the rate of 7% per annum. Said
interest shall be evidenced by interest coupons which shall ap-
pertain to said Certificates, and which shall be payable in the
manner provided and on the dates stated in the FORM OF. CERTIFI
set forth in this Ordinance.
Section 5. That said Certificates and interest coupons
shall be issued, shall be payable, may be redeemed prior to their
scheduled maturities, shall have the characteristics, and shall
signed and executed (and said Certificates shall be sealed), all
as provided, and in the manner indicated, in the FORM OF CERTIFI-
CATE set forth in this Ordinance.
Section 6. That the form of said Certificates, including
the form of Registration Certificate of the Comptroller of Public
Accounts of the State of Texas to be printed and endorsed on each
of said Certificates, and the form of the aforesaid interest
coupons which shall appertain and be attached initially to each
of said Certificates, shall be, respectively, substantially as
follows:
NO.
FORM OF CERTIFICATE
$5,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF ERATH
CITY OF STEPHENVILLE
CERTIFICATE OF OBLIGATION
SERIES 1975
ON JUNE 1, , THE CITY OF STEPHENVILLE, IN ERATH COUNTY,
STATE OF TEXAS, hereby promises to pay to bearer hereof the
principal amount of
FIVE THOUSAND DOLLARS
and to pay interest thereon, from the date hereof, at the rate of
7% per annum, evidenced by interest coupons payable on December 1,
1975, and semi - annually thereafter while this Certificate is out-
standing.
THE PRINCIPAL of this Certificate and the interest coupons
appertaining hereto shall be payable to bearer, in lawful money
the United States of America, without exchange or collection
to the bearer, upon presentation and surrender of this
Certificate or proper interest coupons at the following, which
shall constitute and be defined as the "Paying Agent" for this
Series of Certificates:
STEPHENVILLE BANK AND TRUST CO.
STEPHENVILLE, TEXAS
THIS CERTIFICATE is one of a Series dated as of June 1,
1975, authorized, issued and delivered in the principal amount
of $100,000, FOR THE PURPOSE OF PAYING ALL OR A PORTION OF THE
CITY'S CONTRACTUAL OBLIGATIONS FOR IMPROVEMENTS AND EXTENSIONS
TO THE CITY'S WATERWORKS SYSTEM, TO -WIT: DRILL TEST HOLES FOR
WATER FIELD AND FOR PAYING ALL OR A PORTION OF THE LEGAL, FISCAL
AND ENGINEERING FEES IN CONNECTION WITH THIS PROJECT.
THE OUTSTANDING CERTIFICATES of this Series may be redeemed
prior to their scheduled maturities, at the option of said City,
in whole, or in part, on any date, for the principal amount
thereof and accrued interest thereon to the date fixed for re-
demption. At least thirty days prior to the date fixed for any
such redemption said City shall cause a written notice of such
redemption to be given to the "Paying Agent ". 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
Certificates which are to be so redeemed and accrued interest
thereon to the date fixed for redemption. If such written notice
of redemption is given and if due provision for such payment is
, all as provided above, the certificates which are to be so
redeemed thereby automatically shall be redeemed prior to their
scheduled maturities, and they shall not bear interest after the
date fixed for redemption, and they shall not be regarded as bein
outstanding except for the right of the bearer to receive the re-
demption price from the "Paying Agent" out of the funds provided
for such payment.
IT IS HEREBY certified, recited, and covenanted that this
Certificate has been duly and validly authorized, issued, and
livered; that all acts, conditions, and things required or
to be performed, exist, and be done precedent to or in
the authorization, issuance, and delivery of this Certificate
have been performed, existed, and been done in accordance with
law; that this Certificate is a general obligation of said City,
issued on the full faith and credit thereof; and that annual ad
valorem taxds sufficient to provide for the payment of the inter-
est on and principal of this Certificate, 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; and that this Certificate is additionally
secured by and payable from the revenues of the City's waterworks
system remaining after payment of all operation and maintenance
expenses thereof, and all debt service, reserve, and other re-
quirements in connection with all of the City's revenue bonds
(now or hereafter outstanding) which are payable from and secured
!by a first lien on all or any part of the net revenues of the
City's waterworks system.
IN WITNESS WHEREOF, this Certificate and the interest
appertaining hereto have been signed with the facsimile signature
of the Mayor of said City and countersigned with the facsimile
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 Certificate.
xxxxx xxxxx
City Secretary Mayor
FORM OF REGISTRATION CERTIFICATE
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
I hereby certify that this Certificate of Obligation has
been examined, certified as to validity, and approved by the
Attorney General of the State of Texas, and that this Certificate
of Obligation has been registered by the Comptroller of Public
Accounts of the State of TExas.
WITNESS my signature and seal this
Comptroller of Public Accounts of
State of Texas
FORM OF INTEREST COUPON
NO. $
ON , 19_, THE CITY OF STEPHENVILLE, IN ERATH COUNTY,
STATE OF TEXAS, promises to pay to bearer the amount shown on thi;
interest coupon, in lawful money of the United States of America,
without exchange or collection charges to the bearer, unless due
provision has been made for the redemption prior to scheduled
maturity of the Certificate to-which this interest coupon apper-
tains, 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 Certificate,
bearing the number hereinafter designated, of that issue of CITY
OF STEPHENVILLE CERTIFICATES OF OBLIGATION, SERIES 1975, DATED
JUNE 1, 1975. Certificate No.
xxxxx
City Secretary
Mayor
Section 7. That a special "Interest and Sinking Fund" is
hereby created solely for the benefit of said Certificates, and
said Interest and Sinking Fund shall be established and maintain-
ed 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 Certificate
All ad valorem taxes levied and collected for and on account of
said Certificates shall be deposited, as collected, to the credit
of said Interest and Sinking Fund. During each year while any
of said Certificates 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
be sufficient to raise and produce the money required to
pay the interest on said Certificates as such interest comes
due, and to provide and maintain a sinking fund adequate to pay
the principal of such Certificates as such principal matures;
(but never less than 2% of the original principal amount of said
Certificates as a sinking fund each year); and said tax shall be
ed on the latest approved tax rolls of said City, with full
llowance being made for tax delinquencies and the cost of tax
llection. Said rate and amount of ad valorem tax is hereby
, and is hereby ordered to be levied, against all taxable
in said City foreach year while any of said Certificates
interest coupons appertaining thereto are outstanding and un-
d; and said tax shall be assessed and collected each such year
deposited to the credit of the aforesaid Interest and Sinking
d. Said ad valorem taxes sufficient to provide for the payment
the interest on and principal of said Certificates, as such in-
comes due and such principal matures, are hereby pledged
for such payment, within the limit prescribed by law.
Section 8. Said Certificates additionally shall be payable
from and secured by the revenues of the City's waterworks system
remaining after payment of all operation and maintenance expenses
thereof, and all debt service, reserve, and other requirements in
connection with all of the City's revenue bonds (now or hereafter
outstanding) which are payable from and secured by a first lien
on all or any part of the net revenues of the City's waterworks
system, with the aforesaid remaining revenues being hereinafter
called "Surplus Revenues ". The City shall deposit all Surplus
Revenues to the credit of the Interest and Sinking Fund created
pursuant to Section 7. Notwithstanding the requirements of
Section 7, if Surplus Revenues are actually on deposit in the
Interest and Sinking Fund in advance of the time when ad valorem
taxes are scheduled to be levied for any year,.then the amount of
taxes which otherwise would have been required to be levied pur-
suant to Section 7 may be reduced to the extent and by the amount
of the Surplus Revenues then on deposit in the Interest and Sink-
ing Fund.
Section 9. That the Mayor of said City is hereby authorized
to have control of said Certificates and all necessary records
and proceedings pertaining to said Certificates pending their
delivery and their investigation, examination, and approval by
the Attorney General of the State of Texas, and their registra-
tion by the Comptroller of Public Accounts of the State of Texas.
Upon registration of said Certificates, said Comptroller of
Accounts (or a deputy designated in writing to act for said Comp-
troller) shall manually sign the Comptroller's Registration Cer-
tificate printed and endorsed on each of said Certificates, and
the seal of said Comptroller shall be impressed or placed in fac-
simile, on each of said Certificates.
Section 10. That the City covenants to and with the purchas
ers of the Certificates that it will make no use of the proceeds
of the Certificates at any time throughout the term of this issue
of Certificates, which if such use had been reasonably expected
on the date of delivery of the Certificates to and payment for
the Certificates by the purchasers, would have caused the Certi-
ficates to be arbitrage bonds within the meaning of Section 103(d)
of the Internal Revenue Code of 1954, as amended, or any regula-
tions or rulings pertaining thereto; and by this covenant the Ci
it
is obligated to comply with the requirements of the aforesaid
Section 103(d) and all applicable and pertinent Department of
i
!the Treasury regulations relating to arbitrage bonds. The City
,further covenants that the proceeds of the Certificates will not
;otherwise be used directly or indirectly so as to cause all or
zany part of the Certificates to be or become arbitrage bonds
(within the meaning of the aforesaid Section 103(d), or any regu-
Ilations or rulings pertaining thereto.
Section 11. It is hereby-officially found and determined
Ithat 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 authorization of the proposed Certificates of Obligation is
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 said Certificates are hereby sold and
shall be delivered to Almon & Co. for cash for the par value
thereof and accrued interest to date of delivery, and such
accrued interest shall be deposited into the Interest and Sink-
ing Fund.
Section 13. That this Ordinance was read once by the City
Council and it was deemed by said City Council that upon passage
of this Ordinance it shall take effect immediately.
CERTIFICATE FOR
ORDINANCE ACCEPTING BIDS AND AUTHORIZING CONTRACTS
E STATE OF TEXAS
UNTY OF ERATH
TY OF STEPHENVILLE
We, the undersigned officers of said City, hereby certify
follows:
1. The City Council of said City convened in
REGULAR MEETING ON THE 6TH DAY OF MAY, 1975,
Lt the City Hall, and the roll was called of the duly constituted
>fficers and members of said City Council, to -wit:
Don Jones, Mayor Raymond Anderson
Joyce Pemberton, Secretary Jim Chambers
Charles Riggins
Jess Sexton Roy David McCoy
Neal Guthrie Larry Hammett
d all of said persons were present, except the following
sentees: W. M. Irwin
us constituting a quorum. Whereupon, among other business,
e following was transacted at said Meeting: a written
ORDINANCE ACCEPTING BIDS AND AUTHORIZING CONTRACTS
s duly introduced for the consideration of said City Council
d read in full. It was then duly moved and seconded that said
dinance be passed; and, after due discussion, said motion,
crying with it the passage of said Ordinance, prevailed and
rried 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
Drdinance 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's
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 Ordin-
ance; that the persons named in the above and foregoing paragraph
are the duly chosen, qualified, and acting officers and members
of said City Council as indicated therein; that each of the
officers-and members of said City Council was duly and sufficient
ly notified officially and personally, in advance, of the time,
place, and purpose of the aforesaid Meeting, and that said Ordin-
ance would be introduced and considered for passage at said Meet-
ing, 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 -1.7.
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
of the attached and following copy of said Ordinance for all pur-
poses.
SIGNED AID SEALED the 6th day of May, 1975.
Secretary -Mayor
( I' AT,)
AN ORDINANCE ACCEPTING BIDS AND AUTHORIZING CONTRACTS
STATE OF TEXAS
COUNTY OF ERATH
OF STEPHENVILLE
; and
WHEREAS, the City has duly advertised for construction
WHEREAS, it is hereby officially found and determined
that a case of emergency or urgent public necessity exists which
requires the holding of the meeting at which this Ordinance is
such emergency or urgent public necessity being that the
of contracts and authorization of bids hereinafter
are required as soon as possible and without delay
necessary and urgently needed public improvements; and that
meeting was open to the public, and public notice of the
Le, place
and
purpose of
said
meeting
was given, all
as required
Vernon's
Ann.
Civ. St.
Art.
6252 -17,
as amended.
, BE IT ORDAINED BY THE CITY COUNCIL
THE CITY OF STEPHENVILLE:
1. That the bid of Singer -Layne Texas is hereby
as the lowest responsible bid, and that the Mayor and
ty Secretary are duly authorized to execute a construction
tract in accordance with the plans and specifications.
2. That this Ordinance shall take effect immediately.
GENERAL CERTIFICATE
STATE OF TEXAS
TY OF ERATH
OF STEPHENVILLE
We, the undersigned officers of said City, hereby certify as
1ws :
1. That this certificate is executed for and on behalf of
City with reference to the issuance of the proposed City of
henville Certificates of Obligation, Series 1975, dated June
, in the principal amount of $100,000.
2. That said City is a duly incorporated Home Rule City,
aving more than 5000 inhabitants, operating and existing under
he Constitution and laws of the State of Texas and the duly
dopted Home Rule Charter of said City, which Charter has not
een changed or amended since the passage of the ordinance au-
horizing the issuance of the most recently dated, issued, and
utstanding bonds of said City shown on "Exhibit A ", which is
ttached to this certificate.
3. That no litigation of any nature has ever been filed
rtaining to, affecting, questioning or contesting: (a) the
dinance which authorized said City's proposed Certificates
scribed in paragraph 1 of this certificate; (b) the issuance,
ecution, delivery, payment, security or validity of said pro -
sed Certificates; (c) the authority of the governing body and
e officers of said City to issue, execute and deliver said
rtificates; (d) the validity of the corporate existence of
id City, or (e) the current tax rolls of said City; and that
litigation is pending pertaining to, affecting, questioning,
contesting the current boundaries of said City.
4. That attached to this certificate and marked "Exhibit A"
a true, full and correct schedule and statement of the afore -
d proposed Certificates, and of all presently outstanding tax
revenue indebtedness of said City.
5. That the currently effective ad valorem tax rolls of said
ity are those for the year 1974, being the most recently approved
ax rolls of said City; that said City has caused the taxable
roperty in said City to be assessed as required by law; that the
oard of Equalization of said City has equalized and approved the
aluation'of taxable property in said City for said year; that the
ax assessor of said City has duly verified the aforesaid tax
olls, and said Board of Equalization has finally approved the
ame; and that the assessed value of taxable property in said
ity, and the aggregate amount of exemptions, if any, of assessed
alues of residence homesteads of persons sixty five years of age
r older pursuant to Section 1 -b(b) of Article VIII of the Texas
onstitution, and the net effective taxable values of taxable
roperty in said City, according to the aforesaid tax rolls for
aid year, as delivered to the City Secretary of said City, and
inally approved and recorded by the City Council of said City,
re as follows:
Assessed Value: $ 17,683,331
Homestead Exemptions: $ -0-
Taxable Value: $ 17,683,331
6. That no petition has been filed protesting the issuance
of the aforesaid Certificates.
7. That the proceeds from the issuance of the proposed
Certificates will be used as follows:
A. Singer -Layne Texas, Contractor $62,667
B. Hunter Associates, Engineers 8,000
C. Hunter Associates+ Inspection and
Testing 5,000
D. Almon & Co. and McCall, Parkhurst
& Horton, Legal and Fiscal Fees 9,333
E. Contingency - includes test pump
2nd well 15,000
Total $ 100.000
That the City has funds available to pay for the cost of the
project which exceeds the available proceeds from the sale of
the aforesaid Certificates.
8. That the City received another bid for this project
from Layne- Western Company, Inc., Katy Division, for $93,680.
SIGNED AN SEALED the 6th day of May, 19'Z5.
ity ecretary yor
(SEAL)
J
i
EXHIBIT "A"
Certificates of Obligation, Series 1975, dated 6/1/75, to be
outstanding in the principal amount of $100,000, bearing in-
terest, and maturing as set forth in the Ordinance authorizing
said Certificates.
Waterworks Improvement Refunding Bonds, Series 1970, dated
9/1/70, now outstanding in the principal amount of $275,000,
and maturing in the amounts on July 1 of the years, as follows:
7.00 %: 15M -75; 20M- 76/78; 25M -79; 45M -80
7.25 %: 40M- 81 -82; 50M -83
Refunding Bonds, Series 1966, dated 5/1/66, now outstanding in
the principal amount of $194,000, and maturing in the amounts
on December 1 of the years as follows:
4.50 %: 25M- 75/77; 50M- 78 -79; 19M -80
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; 60M -82; 70M -83; 54M -84
Airport Refunding Bonds, Series 1960, dated 4/1/60, now outstand-
ing in the principal amount of $60,000, and maturing in the
amounts on April 1 of the years as follows:
4.75 %: 20M -76/78
Airport Bonds, Series 1958, dated 6/1/58, now outstanding in the
principal amount of $15,000, and maturing in the amounts on
June 1 of the years as follows:
3.50 %: 15M -75
_n.
Waterworks and Sewer Improvement and Extension Revenue Bonds,
Series 1949, now outstanding in the principal amount of $21,000,
and maturing in the amounts on March 15 of the years as follows:
3.00 %: 7M -76/78
Waterworks and Sewer Improvement and Extension Revenue Bonds,
Series 1948, now outstanding in the principal amount of $62,000,
and maturing in the amounts on October 1 of the years as follows:
3.00 %: 15M- 75 -76; 16M-77-78