O-188-3-76f iDINANCE NO. 188
MINUTES PERTAINING TO PASSAGE AND ADOPTION
OF RESOLUTION AND ORDER FOR CITY BOND ELECTION
THE STATE OF TEXAS §
COUNTY OF COLLIN §
CITY OF ALLEN §
ON THIS, the 4th day of March, 1976, the City Council of the
City of Allen, Texas, convened in regular session, at the regular
meeting place thereof in City Hall, the meeting being open to the
public and notice of said meeting having been given as prescribed
by Article 6252-17, Section 3A, V.A.T.C.S., with the following
members present and in attendance, to wit:
FRANK DUGGER MAYOR
CLIFFORD HART )
CLAUDE WHITAKER )
MICKEY PIERSON ) ALDERMEN
H. C. BROOKS, JR. )
ROBERT LOWMAN )
and with the following absent:-
6i�l
constituting a quorum; and among o er proceedings had were the
following:
The Presiding Officer introduced the following resolution
and order:
"A RESOLUTION AND ORDER by the City Council of the
City of Allen, Texas, calling a bond election
to be held within said City, making provisions
incident and related to the purpose of this
resolution and order."
The repo ion and order was read in full. Thereupon,
Alderman moved its adoption, and the motion was
seconded by Al erman�- The motion carrying with it
the adoption of the Asolution and order prevailed by the following
vote:
AYES: Aldermen Uait,�, Whitaker, Pierson, Brooks and Lowman.
NOES: None.
The Presiding Officer announced that the resolution and
order had been passed and adopted.
MINUTES APPROVED, this the 4th clay of March, 1976.
Mayor, City of A11 exas
ATTEST:
City Sec etary, City of Allen, Texas
(City Seal)
NOTICE OF ELECTION FOR THE ISSUANCE OF BONDS
THE STATE OF TEXAS §
COUNTY OF COLLIN §
CITY OF ALLEN §
TO THE RESIDENT QUALIFIED ELECTORS OF THE
CITY OF ALLEN, TEXAS:
TAKE NOTICE that an election will be held in the City of
(Allen, Texas, on the 3rd day of April, 1976, in obedience to a
resolution and order duly entered by the City Council which is
attached hereto and made a part of this Notice for all intents
and purposes.
WITNESS OUR HANDS AND THE SEAL OF SAID CITY, this the
4th day of March, 1976.
Mayor, City o Allen," s
ATTEST:
A�� f
City .pec tary, City of Allen, Texas
(City Seal)
A RESOLUTION AND ORDER by the City Council of the City
of Allen, Texas, calling a bond election to be
held within said City, making provisions for
the conduct of the election and other provisions
incident and related to the purpose of this
resolution and order.
WHEREAS, this City Council of Allen, Texas, has determined
that an election should be called to ascertain whether said govern-
ing body shall be authorized to issue bonds of said City in the
amount and for the purpose hereinafter mentioned; therefore,
BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS:
SECTION 1: That an election be held on the 3rd day of April,
1976, which date is not less than fifteen (15) nor more than
thirty (30) days from the date of the adoption hereof, at which
election the following proposition shall be submitted:
"SHALL the City Council of the City of Allen,
Texas, be authorized to issue FIVE HUNDRED THOUSAND
DOLLARS ($500,000) general obligation bonds cf said
City for the construction and improvement of the
streets of said City, i_ncludi.rig drainage incidental
thereto; said bonds to be issued in one or more
installments, to mature serially over a period of
years not to exceed FORTY (40) years from their
date, to be issued and sold at any price or prices
and to bear interest at any rate or rates as shall
be determined within the discretion of the City
Council at the time of issuance; and shall there
be levied, assessed and collected annually ad valorem
taxes on all taxable property in the City sufficient
to pay the annual interest and to create a sinking
fund sufficient to redeem said bonds as they become
due?"
SECTION 2: That paper ballots shall be used for said election,
which ballots shall be prepared in accordance with the V.A.T.S.
Election Code so as to permit the electors to vote "FOR" or
"AGAINST" the aforesaid proposition which shall be set forth in
substantially the following form:
"THE ISSUANCE OF $500,000 GENERAL OBLIGATION
STREET IMPROVEMENT BONDS"
The word "FOR" and beneath it the word "AGAINST" shall be
made to appear on the left of the proposition. A square shall be
printed on the left of each of the words "FOR" and "AGAINST", and
each elector shall place an "X" in the square beside the statement
indicating the way he wishes to vote.
SECTION 3: That the entire City of Allen, Texas, shall
constitute one election precinct for this election and the City
Hall in said City is hereby designated as the polling place.
On election day, the polls shall be open from 7:00 A.M. to
7:00 P.M.
SECTION 4: That the following named persons are hereby
appointed of ficers of the election:
�. et2hf y+- Presiding Judge
�'Ei✓ ,/ti�%�i1 �lJ�l Alternate Presiding Judge
The Pr siding Judge shall appoint not less than two (2) nor
more than ( ) qualified clerks to serve and assist
in holdin said e ection; provided that if the Presiding Judge
herein appointed actually serves, the Alternate Presiding Judge
shall be one of the clerks.
Absentee voting shall be conducted at the City Secretary's
office in the City Hall, in accordance with the provisions of
V.A.T.S. Election Code, Chapter 5.
SECTION 5: That all resident qualified electors of the City
shall be permitted to vote at said election. This election shall
be held and conducted in accordance with the Texas Election Code
except as modified by Chapter 1 of Title 22, V.A.T.C.S., and as
may be required by law, all election materials and proceedings
shall be printed in both English and Spanish.
SECTION 6: That a substantial copy of this resolution and
order shall serve as proper notice of said election. Said notice
shall be posted in the election precinct and at the City Hall not
less than fourteen (14) full days prior to the date on which said
election is to be held, and be published on the same day in each
of two successive weeks in a newspaper of general circulation in
said City, the first of said publications to be made not less
than fourteen (14) full days prior to the date set for said
election.
PASSED AND APPROVED, this the 4th day of March, 1976.
ayor, City of lien as
ATTEST:
4fttyecZret4ary,��Ci—y of Allen, Texas
(City Seal)
A RESOLUTION AND ORDER by the City Council of the City
of Allen, Texas, calling a bond election to be
held within said City, making provisions for
the conduct of the election and other provisions
incident and related to the purpose of this
resolution and order.
WHEREAS, this City Council of Allen, Texas, has determined
that an election should be called to ascertain whether said govern-
ing body shall be authorized to issue bonds of said City in the
amount and for the purpose hereinafter mentioned; therefore,
BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS:
SECTION 1: That an election be held on the 3rd day of April,
1976, which date is not less than fifteen (15) nor more than
thirty (30) days from the date of the adoption hereof, at which
election the following proposition shall be submitted:
"SHALL the City Council of the City of Allen,
Texas, be authorized to issue FIVE HUNDRED THOUSAND
DOLLARS ($500,000) general obligation bonds of said
City for the construction and improvement of the
streets of said City, including drainage incidental
thereto; said bonds to be issued in one or more
installments, to mature serially over a period of
years not to exceed FORTY (40) years from their
date, to be issued and sold at any price or prices
and to bear interest at any rate or rates as shall
be determined within the discretion of the City
Council at the time of issuance; and shall there
be levied, assessed and collected annually ad valorem
taxes on all taxable property in the City sufficient
to pay the annual interest and to create a sinking
fund sufficient to redeem said bonds as they become
due?"
SECTION 2: That paper ballots shall be used for said election,
which ballots shall be prepared in accordance with the V.A.T.S.
Election Code so as to permit the electors to vote "FOR" or
"AGAINST" the aforesaid proposition which shall be set forth in
substantially the following form: ,
"THE ISSUANCE OF $500,000 GENERAL OBLIGATION
STREET IMPROVEMENT BONDS"
The word "FOR" and beneath it the word "AGAINST" shall be
made to appear on the left of the proposition. A square shall be
printed on the left of each of the words "FOR" and "AGAINST", and
each elector shall place an "X" in the square beside the statement
indicating the way he wishes to vote.
SECTION 3: That the entire City of Allen, Texas, shall
constitute one election precinct for this election and the City
Hall in said City is hereby designated as the polling place.
On election day, the polls shall be open from 7:00 A.M. to
7:00 P.M.
SECTION 4: That the following named persons are hereby
appointed o ficers of the election:
_A, 4 [Q 4 y Z= Presiding Judge
k)/))f R E/I/ �1�,�//)/ Alternate Presiding Judge
The Presiding Judge shall appoint not less than two (2) nor
more thand e qualified clerks to serve and assist
in holding'saiection; provided that if the Presiding Judge
herein appointed actually serves, the Alternate Presiding Judge
shall be one of the clerks.
Absentee voting shall be conducted at the City Secretary's
office in the City Hall, in accordance with the provisions of
V.A:T.S. Election Code, Chapter 5.
SECTION 5: That all resident qualified electors of the City
shall be permitted to vote at said election. This election shall
be held and conducted in accordance with the Texas Election Code
except as modified by Chapter 1 of Title 22, V.A.T.C.S., and as
may be required by law, all election materials and proceedings
shall be printed in both English and Spanish.
SECTION 6: That a substantial copy of this resolution and
order shall serve as proper notice of said election. Said notice
shall be posted in the election precinct and at the City Hall not
less than fourteen (14) full days prior to the date on which said
election is to be held, and be published on the same day in each
of two successive weeks in a newspaper of general circulation in
said City, the first of said publications to be made not less
than fourteen (14) full days prior to the date set for said
election.
PASSED AND APPROVED, this the 4th day of March, 1976.
orLIC itof Alle xas
ATTEST:
City Se retary, City of Allen, Texas
(City Seal)
AVISO DE ELECCIONES PARA LA EMISION DE BONOS
ESTADO DE TEXAS §
CONDADO DE COLLIN §
CIUDAD DE ALLEN §
A LOS ELECTORES RESIDENTES Y HABILITADOS
DE LA CIUDAD DE ALLEN. TEXAS:
AVISO de que las elecciones tendran lugar en la ciudad
de Allen, Texas, el dia 3 de abril de 1976, de acuerdo con
la resolucion y ordenanza a su tiempo entrada por el Consejo
Municipal, la cual acompana a este fin, y se constituye
parte de este Aviso para todo objeto practico.
EN TESTIMONIO, fue firmado y sellado este documento con
el sello de dicha ciudad, el dia 4 de marzo de 1976.
/s/ Frank Dugger
Alcalde, Ciudad de Allen, Texas
ATESTIGUA:
/s/ Larry Moore
Secretario Municipal, Ciudad de
Allen, Texas
(Sella de la ciudad)
UNA RESOLUCION Y ORDENANZA por el Consejo Municipal
de la Ciudad de Allen, Texas, declarando las elecciones
de bonos que se lleven a Cabo dentro de dicha
Ciudad, proveendo los procedimientos de las
elecciones y otras requisiciones,, requeridas para
obtener el fin de esta resolution y ordenanza.
VISTO QUE, el Consejo Municipal de la Ciudad de Allen,
Texas, ha determinado que se debe llamar unas elecciones
para decidir si dicho cuerpo gobernante debera ser authorizado
a emitir bonos de dicha Ciudad por un total y con el fin mas
adelante mencionados; por consiguiente ahora,
SE RESUELVA Y SE ORDENA POR EL CONSEJO MUNICIPAL DE
LA CIUDAD DE ALLEN, TEXAS:
SECCION I.: Que las elecciones tomen lugar el di(a
de abrTI-�-1376, fecha que no sea menos de quince (15) dias
antes o mas de treinta (30) dias despues de la fecha,,pn que
fue adoptada esta ordenanza; en cuyas elecciones sera sometida
la siguiente proposition:
"CDebera el Consejo Municipal de la Ciudad de Allen,
Texas, ser autorizado el poder de emitir bonos de obligation
general de la ciudad por un total de QUINIENTOS
MIL DOLARES ($500,000) para la construction y mejoras
de las calles en dicha ciudad, incluyendo el drenaje
que la acompana; dicho bonos a ser emitidos en una o
mas series, a madurar en forma escalonada por un periodo
no mayor ,4e CUARENTA (40) anos a partir de la fecha
de emision, a ser emitidos y vendidos al precio o
precios y pagando intere"s a un porcentaje o porcentajes
tomo sean determinados en forma discretional por elm
Consejo Municipal cuando emita dichos bonos; y seran
prendados, gravados, y avaluados anualmente suficientes-
impuestos ad valorem a Coda propieda�l sujeta a impuesto
en dicha ciudad para pagar el inter�cffs anual y crear
suficientes fondos para redimir dichos bonos cuando los
mismos venzan?"
SECCION 2: Que balotes electorales de papel sean
usados en dicHas e15�ociones, los cuales balotes seran preparados
de acuerdo con el Codigo de elecciones, V.A.T.S. de manera
de permitir a los electoxes votar "EN PRO" o "EN CONTRA" a
tal proposici6n que sera presentada de la siguiente manera:
"LA EMISION DE $500,000 DE BONOS DE OBLZGACION GENERAL
PARA MEJORAS DE CALLES"
Las palAbras "EN PRO" y baj o ellas las palabras E'EN
CONTRA" seran puestas a la izquierda de la proposition. Un
cuadro sera dibujado a la izquierda ,�Ie las palabras "EN PRO"
y "EN CONTRA", y cad�,votador pondra una "X" en el cuadro al
lado de la proposition indicando Como desea votar.
- SECCION 3: Que toda la Ciudad de Allen, Texas,
forme un precinto de elecciones para dichas elecciones y se
design ,. la Casa Municipal de dicha ciudad Como lugar de
votacion.
i
dia de las elecciones, los lugares de votacion
estar n abiertos desde las 7:00 de la manana hasta las 7:00
de la noche.
SECCION 4: Que las siguientes personas por este
acto sea�esignadas oficiales de dichas elecciones: .
Juez actuante
Suplente del juez actuante
E1 juez actuante nombrara no menos de dos (2) ni ma's
de ( ) administradores para trabajar y ayudar�
en dic lecci.ones; con tal que si el juez actuante aqui
dentro nombrado desempena sus funciones, el suplente del
juez actuante sera uno de los administradores.
La oficina del Secretario Municipal en la Casa Municipal
se designa como lugar pari votar en aus ncia, de acuerdo con
las provisiones en el capi.tulo 5 del Codigo de Elecciones,
V.A.T.S.
SECCION 5: , Que todos los residences electores habilitados
de laciuc3a- seran permitidos votar in dichas elecciones.
Estas elecciones seran dirigidas y tendran lugar de acuerdo
con las provisiones del Codigo de Eleccione i de Texas fuera
de las modificaciones en el cap �tulo 1 de Ti.tulo 22, V.A.T.C.S.;
y como puede ser requerido por la ley, los materiales de lis
elecciones y los procedimientos para estas elecciones seran
imprimidos en inglds y espanol.
SECCION 6: Que una copia fidedigna de esta resoluci n
y ordenanza servira como aviso propio de dichas elecciones.
Dicho aviso sera" fijado en el precinto de las elecciones y
en la Casa Municipal no menos de catorce (14) d As antes de
la fecha se
alada para dichas elecciones, y sera publicado
el mismo dia, dos semanas sucesivas, en un peri6dico de
cir,ulaci(n general en dicha cuidad, l� primera publicacion
sera hecha no menos de catorce (14) dias antes de la fecha
senalada para dichas elecciones.
PASADA Y APROBADA, este dia 4 de marzo de 1976.
/s/ Frank Dugger
Alcalde, Ciudad e Allen, Texas
ATESTIGUA:
/s/ Larry Moore
Secretario Municipal, Ciudad de
Allen, Texas
(Sello de la Ciudad)
AFFIDAVIT OF POSTING
THE STATE OF TEXAS §
COUNTY OF COLLIN §
CITY OF ALLEN §
BEFORE ME, the undersigned authority, on this day personally
appeared the City Secretary of the City of Allen, Texas, who,
after being by me duly sworn upon oath says:
1. That (s)he posted a true and correct copy of the "NOTICE
JOF ELECTION FOR THE ISSUANCE OF BONDS", hereto attached, at each
lof the following places:
ONE COPY at the City Hall, Allen, Texas;
ONE COPY at C & M Food Mart
ONE COPY at Rodenbaugh TD
2. That said notices were posted on the 5th day of March
1976, which date was not less than fourteen (14) full days prior to
Ithe date of the election.
3. That all of said places are public places within the City
lof Allen, Texas.
Cily'Secr,pftary, City of A len,
Texas
(City Seal)
SWORN TO AND SUBSCRIBED BEFORE ME, this the 5th day of
March . 1976.
Notary Public in and for Col in
County, Texas
(Notary Seal)
AFFIDAVIT OF PUBLICATION
THE STATE OF TEXAS §
COUNTY OF COLLIN §
CITY OF ALLEN §
BE'�FORE ME, the undersigned authority, on this day personally
appeared 2 oD
DY 0s, GAA,1P6-
.-
who,
after being by
me duly
sworn, deposes
and says
that (s)he
is the
Pygt—/SNC12-
of the
A CL,r-V A M ER CA IJ , which is a newspaper of general
circulation in the City of PCL61/ , Texas, published in the City
of A (,C EK) , and that (s)he published a true copy of the
"NOTICE OF ELECTION FOR THE ISSUANCE OF BONDS", hereto attached,
in said paper on the following dates:
f�A2cN (? 1976; and
N� f� k e N 1976;
the date of the first publication being not less than fourteen
(14) full days prior to the date of the election.
SWORN TO AND SUBSCRIBED BEFORE ME, this the / � day of
.NIHe c h , 1976.
(Notary Seal)
Notary Public in and for Collin
County, Texas
r -
MINUTES PERTAINING TO PASSAGE AND ADOPTION
OF RESOLUTION CANVASSING RETURNS AND DECLARING
RESULT OF A CITY BOND ELECTION
THE STATE OF TEXAS §
COUNTY OF COLLIN §
CITY OF ALLEN §
ON THIS,. the r day of 1976, the City Council
of the City of Allen, Texas, con ened in session at
the regular meeting place thereof in City the meeting being
open to the public and notice of said meeting having been given
as prescribed by Article 6252-17, Section 3A, V.A.T.C.S. with the
following members present and in attendance, to wit:
FRANK DUGGER MAYOR
CLIFFORD HART )
CLAUDE WHITAKER )
MICKEY PIERSON ) ALDERMEN
H. C. BROOKS, JR. )
ROBERT LOWMAN )
and with the following absent:
constituting a quorum; and among other proceedings had were the
following:
The Presiding Officer introduced a resolution with the
following caption:
"A RESOLUTION by the City Council of the City of Allen,
Texas, canvassing returns and declaring the
result of a bond election held in the said City
on the 3rd day of April, 1976."
he resolution was read in full. Thereupon Alderman
moved its adoption, and the motion was seconded by
Al ermanThe motion carrying with it the adoption
so
of the relution ev
prailed by the following vote:
AYES: Aldermen Hart, Whitaker, Pierson, Brooks and Lowman.
- NOES: None.
The Presiding Officer announced that the resolution had been
passed and adopted.
MINUTES APPROVED, this the _15�_zf day of
ATTEST:
ZSe,6_r&-Eary',
CitCity of Allen, Texas
(City Seal)
or, City o
19 76 .
exas
A RESOLUTION by the City Council of the City of
Allen, Texas, canvassing returns and
declaring the result of a bond election
held in the said City on the ?rd day of
April, 1976.
WHEREAS, this governing body resolved and ordered that an
election be held within this City on the 3rd day of April, 1976,
for the purpose of submitting a certain proposition for the
issuance of bonds to the resident electors of the City; and
WHEREAS, it is hereby found and determined that said election
was helrl in accordance with the authorizing proceedings, that
notice of the election was duly given in the form, manner and time
required by law, and that said election was in all respects legally
held and conducted in accordance with the laws of the State of
Texas applicable thereto; and
WHEREAS, the returns of the said election have been made to
this governing body and said returns, duly and legally made, show
the following votes were cast on the proposition submitted at
said election, to wit:
"THE ISSUANCE OF $500,000 GENERAL
OBLIGATION STREET IMPROVEMENT BONDS"
FOR Q�T votes
AGAINST 77 votes
TOTAL VOTES CAST .1� votes
THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS:
SECTION 1: That all of the recitals contained in the preamble
of this reso ution are found to be true and are adopted as findings
of fact by this governing body and as part of its judgment.
SECTION 2: That it is further found and determined that the
results of the election as canvassed and tabulated in the preamble
hereof reflect the expressed desires of those persons voting at,
said election.
SECTION 3: That in conformity with law, this governing body
is authorized to issue the bonds on behalf of said City in the
amount and for the purpose mentioned in the proposition set forth
in the proceedings calling the election with respect to said
proposition.
PASSED AND APPROVED, this the day of
ATTEST:
ty, zecretary ,
(City Seal)
ty o
en, -rexas
or,
ty o
�X , 1976.
s
ELECTION RETURNS
HE STATE OF TEXAS §
OUNTY OF COLLIN §
ITY OF ALLEN §
0 THE CI'T'Y COUNCIL OF THE CITY OF ALLEN, TEXAS:
WE, THE UNDERSIGNED OFFICERS, holding an election on on the
3rd day of April, 1976, at the City Hall, in said City,
to determine whether the governing body of the City shall
be authorized to issue bonds for the purposes set forth in the
proposition submitted at said election, DO HEREBY CERTIFY that
at said election, the following votes were cast on the proposition:
FOR
"THE ISSUANCE OF $500,000 GENERAL
OBLIGATION STREET IMPROVEMENT BONDS"
�S9
77
NST
TOTAL VOTES CAST
votes
votes
4V -(a votes
WE FURTHER CERTIFY that only resident qualified electors of
said City were permitted to vote at said election.
WE ENCLOSE HEREWITH poll list and tally sheet of said election.
WITNESS OUR HANDS, this the
alak"e-" s A;lel�ee.
Clerk
day of 1976.
residing Judge
1�
(TO BE USED ONLY IN CASE NEITHER THE PRESIDING
NOR ALTERNATE JUDGE APPOINTED SERVES)
THIS IS TO CERTIFY that neither the Presiding Judge nor the
Alternate originally appointed by the governing body at the time
the election was called to which these returns apply served at said
election and was duly appointed to serve and
did serve as Presiding Judge in the precinct and at the polling
place hereinabove indicated, pursuant to the provisions of V.A.T.S.
Election Code, Article 8.04, and signed the above election returns
in said capacity.
Clerk
Clerk—
Presiding
ler
Presi ing Judge
Clerk
Clerk Clerk