Loading...
R75-08 03-10-75THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS § The City Council of the City of Pearland, Texas, convened in regular meeting, open to the public, on the 10th day of March, 1975, at the City Hall, and the roll was called of the duly constituted officers and members of the City Council of the City, to -wit: Carlton McComb Cecil W. Griffin Harry Farley Gene E. Sanders Tom Reid Benny J. Frank Mayor Councilman and Mayor Pro Tem Councilman Councilman Councilman Councilman and all of said persons were present, except the following ab- sentees: , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written resolu- tion entitled: RESOLUTION CALLING BOND ELECTION (the "Resolution") was duly introduced for the consideration of the City Council and reviewed in full. It was then duly moved and seconded that the Resolution be passed; and, after due discussion, the motion, carrying with it the passage of the Resolution, prevailed and carried by the following vote: AYES: All members of the City Council shown present above voted "Aye". NOES: None. The Mayor thereupon announced that the Resolution had been duly • and lawfully adopted. The Resolution thus adopted follows: RESOLUTION CALLING BOND ELECTION THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND § WHEREAS, the City Council (the "City Council") deems it necessary to call the election hereinafter described; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND THAT: Section 1. An election shall be held in the CITY OF PEARLAND on April. 5, 1975; the present boundaries of the City are hereby established as and shall constitute one election precinct; the polls shall be open for voting from 7:00 a.m. to 7:00 p.m. at the following polling place and the following are hereby appointed officers to conduct the election at said polling place: POLLING PLACE: PEARLAND HIGH SCHOOL 2337 North Galveston Avenue Pearland, Texas ELECTION OFFICERS: Mrs. Mary Kliesing Presiding Judge Mrs. Mary Lee Miller Alternate Presiding Judge Maximum number of clerks: 5 The presiding judge shall appoint not less than two or more than the maximum number of election clerks specified above to serve at the polling place under his jurisdiction. Dorothy L. Cook is hereby appointed as the clerk and Dorothy Thompson and Mabel Salyer the assistant clerks for absentee voting, and the: Office of the City Secretary City Hall 2335 North. Texas Avenue Pearland, Texas 77581 is hereby designated as the place for absentee voting for said election. During the lawful absentee voting period said clerks shall keep said place for absentee voting open for absentee voting from 8:00 a.m. to 5:00.p.m. on each day except Saturdays, Sundays, and official state holidays. By approving and signing this'resolution the Mayor of the City officially confirms his appointment of the aforesaid election officers to serve at the election; and by adopting this resolution the City Council'approves and concurs in the appointment of the aforesaid election officers. Section 2. At said election the following PROPOSITION shall be submitted in accordance with law: PROPOSITION SHALL THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS (THE "CITY"), BE AUTHORIZED TO ISSUE THE BONDS OF THE CITY IN THE AMOUNT OF $200,000 MATURING SERIALLY OR OTHERWISE OVER A PERIOD OF NOT TO EXCEED 40 YEARS FROM THEIR DATE OR DATES, AT ANY PRICE OR PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF ACQUIRING LAND FOR PARK PURPOSES, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN THE CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES? Section 3. Voting machines shall be used for said elec- tion, except that paper ballots shall be used for absentee -2- voting, and the official ballots for the election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITION, which shall be set forth on all official ballots in substantially the following form: [ ] FOR [ ] AGAINST OFFICIAL BALLOT PROPOSITION ) THE ISSUANCE OF )----$200,000 PARK LAND ) ACQUISITION BONDS Each elector using voting machines and desiring to vote in favor of the proposition shall move the voting pointer so as to indicate "FOR" the proposition, and each elector desiring to vote against the proposition shall move the voting pointer so as to indicate "AGAINST" the proposition. Each absentee elector using a paper ballot shall vote on the proposition by placing an "X" or other clear mark in the square beside the statement indicating the way such elector wishes to vote on the proposition. Section 4. It is hereby officially found and determined that certain decisions of the Supreme Court of the United States of America may have created uncertainty as to the law- ful manner of calling and conducting said election; therefore, said election shall be called, held, and conducted as two separate but simultaneous elections, to -wit: one election at which only the resident, qualified electors of the City who own taxable property within the City and who have rendered the same for taxation shall be entitled to vote on the PROPOSITION and another election at which all other resident, qualified -3- electors of the City shall be entitled to vote on the PROPOSI- TION. The votes cast at each of said separate but simultaneous elections shall be recorded, returned, and canvassed separately. Section 5. Notice of the election shall be given by posting a substantial copy of this resolution in a public place within the City and also at the City Hall not less than fifteen days prior to the date set for the election, and by publication thereof on the same day in each of two successive weeks in The News, the duly designated official newspaper of the City and which is printed and published in the City of Friendswood, Texas, and is of general circulation in the City of Pearland, there being no newspaper printed and published in the City of Pearland, the date of the first publication to be not less than fourteen days prior to the date set for the election. Section 6. This resolution was read once by the City Council and shall take effect immediately. Section 7. It is hereby officially found and determined that the need of the City for such financing creates an emer- gency and an urgent public necessity for the holding, at the scheduled time, of the meeting of the City Council at which this resolution is adopted and for the adoption of this resolu- tion; and the NOTICE OF MEETING relating to said meeting and heretofore posted by the City Secretary, and the posting thereof, are hereby authorized, approved, adopted and ratified. PASSED AND APPROVED this 10th day of March, 1975. ATTEST: City-Secre.fry CITY -OF PRLAND, TEXAS (SEAL) >2_ Mayor CITY OF PEARLAND, TEXAS -4- NOTICE OF BOND ELECTION TO THE QUALIFIED RESIDENT ELECTORS OF THE CITY OF PEARLAND, TEXAS, WHO OWN TAXABLE PROPERTY WITHIN THE CITY AND WHO HAVE RENDERED THE SAME FOR TAXATION; AND TO THE QUALIFIED RESIDENT ELECTORS OF THE CITY OF PEARLAND, TEXAS : NOTICE IS HEREBY GIVEN that an election will be held in the CITY OF PEARLAND, TEXAS, on the 5th day of April, 1975, in accordance with the following resolution: L deth4on of the _ + purt of the United ' I d1 America may have '.. _eated uncertainty as to the , r— —'"— — ` " —" lawful manner of calling and NOTICE OF BOND ELECTION conducting said election; there- 'r To the qualified resident fore, said election shall be called, electors of the City of Pearland, held, and conducted as two Texas,who own taxable property separate but simultaneous elec- within the city and who have dons,to-wit:one election at which rendered the same for taxation; only the resident, qualified and electors of the City who own I To the qualified resident taxable property within the city electors of the City of Pearland, and who have rendered the same Texas: for taxation shall be entitled to I Notice is hereby given that an vote on the Proposition and ! another election at which all other election will be held in the City of resident, qualified electors of the , r— Section 2.At said election the Pearland,Texas,on the 5th day of follovvin Pearls 1975,in accordance with the City shall be entitled to vote on a Proposition shall be following resolution: the Proposition.The votes cast at submitted in accordance with law: Resolution Calling Bond Election each of said separate but Proposition The State of Texas simultaneous- elections shall be Shall the city council of the recorded,returned,and canvassed : C o Pearland, Texas the Counties of Brazoria and [ Harris separately. Y"]:of be authorized to issue the City of Pearland Section 5. Notice of the i bonds the city in the amount of Whereas, the City Council election shall be given by posting a other maturing serially or [the "City Council"] deems it substantial copy of this resolution otherwe over a period of not to [th to call the election in a public place within the City! exceed 0 years from their date or necessary and also at the City Hall not less dates,at any price or rites and hereinafter Therefodes descr, be it ibed: by than fifteen days prior to the date ' bearing interest at any rate or the City Council of the City of set for the election, and by rates not to exceed the maximum Pearland that: publication thereof on the same interest rate now or hereafter day in each •of two successive authorized by law as shall be Section 1.An election shall be weeks in THE NEWS, the duly determined within the discretion held in the City of Pearland on designated official newspaper of of the city council,for the ur ose April 5, 1975; the present the City and which is printed and ; of acquiring land for P boundaries of the City are hereby park established as and shall constitute published in the City of purposes, and to levy an annual established as on election precinct; the polls Friendswood, Texas, and is of tax on all taxable property within shall be open for voting from 7 general circulation in the City of the city sufficient to pay the Pearland, there being no news interest on said bonds as it accrues a m. to 7 p.m. at the following paper printed and published in the and to create and r polling place and the following are sinkin fund to a the is ovide a , hereby appointed officers to City of Pearland, the date of the g P Y p mcipal of first publication to be not less than ' said bonds as it matures? conduct la de ct the election at said polling fourteen days prior to the date set Section 3. Voting machines for the election. shall be used for said election, ' Polling Place: Section 6.This resolution was . except that paper ballots shall be ' Pearland High School read once by the City Council and used for absentee eel 2337 North Galveston Avenue g;and the Pearland,Texas shall take effect immediately. official ballots for the election shall [ Section 7. It is hereby be Prepared in accordance with officially found and determined ' the Texas Election Code so as to Election Officers: that the need of the City for such Permit the electors to vote "For" Mrs. Mary Kliesing, Presid- ing Judge;Mrs.Mary Lee Miller, financing creates an emergency or "Against" the aforesaid I Alternate Presiding Judge; Maxi- the an urgent public necessity for Proposition, which shall be set , the holding,at the scheduled time, forth on all official ballots in mum number of clerks: 5 of the meeting of the City Council substantially the following form: The presidingud a shall appoint at which this resolution is adopted ' gPP and for the adoption of this Official Ballot not less than two or more than the Proposition ' maximum number of election resolution; and the Notice of [ ] For clerks specified above to serve at Meeting relating to said meeting rfhe issuance the polling place under his • and heretofore posted by the City ' of 5200 000 jurisdiction. Secretary, and the posting [ ] Against [Park Land DorothyL. Cook is herebythereof, are hereby authorized, approved, adopted and ratified.. '. for AcquisitionnBonds � appointed as the clerk and PP P Dorothy Thompson and Mabel Passed and approved this Each iielector using voting Salyer the assistant clerks for 10th day of March, 1975. machines ad desiring to vote in absentee voting, and the: favor of the ropositionshallmoveOffice of the City SecretarySI Carlton McCombthevotingpintersoasto indicateCity HallMayor City of Pearland, Texas "For" theproposition, and each2335 North Texas Avenueelectorposiontovote againstPearls th Texas 77581 AvenAttest: the proposon shall move theis hereby designated as the placeS/Dorothy L. Cookvotingpoinrsoastoindicatefor absentee voting for said City Secretarygainstteproposition. aperelection. During the lawfulCity of Pearland, Texas absenteeeltor using a paper ' absentee voting period said clerks ballot shall vote on the proposition shall keep said place for absentee You will, therefore, take' ' by placing an "X"or other clear voting open for absentee voting notice of all matters and facts set mark in the square beside the [ from 8 a.m.to 5 p.m.on each day out in the foregoing notice and statement indicating the way such except Saturdays, Sundays, and resolution. elector wishes to vote on the except official state holidays. proposition. By approving and signing this Dorothy L. Cook Section 4. It is hereby City Iresolution the Mayor of the City Ci Secretary officially found and determined officially confirmshig appointment City of Pearland, Texas — — j of the aforesaid electi fficers IA• ' serve at the election; Ill' adopting thisresoand concurs In-- - Council approves the appointment of the • • 1 \ _ ~ • • (Please attach - s 'a5er• .clip ' here and not abo g! "his. line . ) • AFFIDAVIT OF PUBLICATION --- - - • THE STATE OF TEXAS • • § COUNTY OF GALVESTON • § BEFORE ME, the undersigned authority, on this day per- sonally appeared Donald E Carpenter , Purblisher (Editor/Publisher) of The News, who, being by me duly sworn, upon oath, deposes . and says : ' The attached NOTICE OF BOND .ELECTION was published in 'The News, the duly designated official newspaper .bf the City of Pearland which is of general circulation in the City • of Pearland, on the same day in each of two successive weeks , the date of the first - publication being not less than fourteen days prior to the date set for the election, in the issues of : March 13 , 1975 March 20 1975 • • and the attached newspaper clipping is a true and correct cop y of, said published notice . - • SWORN TO AND SUBSCRIBED BEFORE ME, this � day of 72 2i�L ' 19 7 5. • • • Notary Public in .and for GALVESTON COUNTY, TEXAS/' ' • • • (NOTARY SEAL) • CERTIFICATE OF POSTING OF NOTICE. OF MEETING THE STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND I, the undersigned officer of the City of Pearland, Texas (the "City" ) , do hereby execute this certificate for 1 1 the benefit of all, persons interested in the posting of notice of a meeting of the City Council of the City as re- . quired by the Open Meetings Act (Article 6252-17, Vernon' s Texas Civil Statutes, as amended) and the validity of all actions and proceedings taken at such meeting and I do hereby certify as follows : 1. I am the duly chosen, qualified and acting officer of the City for the office shown beneath my signature, and in such capacity I am familiar with the matters contained in this certificate. 2 . The attached and foregoing is a true and correct copy of the. notice of meeting which was posted by •me at. 10:00 o' clock A .m. on the it day of April 1975, on a bulletin board located at a place convenient to the public in the City Hall of the City . WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this 1st day of April , 1975. City Secretary 4/ • CITY OF PEARLVD, TEXAS (SEAL) • • rh" = f41111 !I ' NOTICE OF MEETING THE STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND • NOTICE is hereby given of a meeting of the City Council of the CITY OF PEARLAND, of Brazoria •and Harris Counties, Texas (the "City” ) , to be held on the 7th day of April, 1975, at 7:30 P..M. in the : City Hall • Pearland, Texas for the purpose of the adoption of a resolution canvassing returns and declaring results of a bond election held on April 5, 1975, and for the purpose of conducting, considering, and acting upon such other business as shall come before the meeting. The need of the City for such financing creates an emergency and an urgent public necessity for the holding of the meeting and for the adoption of the canvassing resolution at the meeting. WITNESS MY HAND AND. THE OFFICIAL SEAL OF THE CITY, this 1st day of April , 1975 . /s/ Dorothy L. Cook City Secretary CITY OF PEARLAND, TEXAS (SEAL) • • CERTIFICATE OF POSTING THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS § CITY OF PEARLAND § I, the undersigned, City Secretary of the CITY OF PEARLAND, TEXAS, do hereby certify that the attached and foregoing is a true and correct copy of a NOTICE OF BOND ELECTION issued by me, including .a true and correct copy of the resolution adopted by the City Council of the City, together with an excerpt from the minutes showing the adoption thereof, and that I posted a true and correct N ' copy of said notice on the day of 1975, in a public place within the City, to-wit : oulletin o , and also at the City Hall, which posting was done not less than fifteen days prior to the date set for the election. WITNESS MY HAND AND THE OFFICIAL SEAL OF SAID CITY, this day of , 1975 . 12 March • City Secretary CITY OF, PEARLA , TEXAS (SEAL) e 1 i NOTICE OF MEETING THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS § CITY OF PEARLAND § NOTICE is hereby given of a meeting of the City Council of the CITY OF PEARLAND, of Brazoria and Harris Counties, Texas (the "City" ) , to be held on the 10th day of March, 1975, . at 7 : 30 p .m. in the : . City Hall • Pearland,' Texas for the purpose of considering and, if deemed advisable by the City Council, adopting a resolution calling a bond elec- . tion and for the purpose of conducting, considering, and acting upon such other business as shall come before the meeting. The need of the City for such financing creates an emergency and an urgent public necessity for the holding of the meeting and for the adoption of the election resolution at the meeting. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this S— day of , 1975. City Secretary CITY OF PEARLA D, . TEXAS —= (SEAL) _ _ . elm) !"'") NOTICE OF MEETING THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS § CITY OF PEARLAND § NOTICE is hereby given of a meeting of the City Council of the CITY OF PEARLAND, of Brazoria and Harris Counties , Texas (the "City" ) , to be held on the 10th day of March, 1975, at 7 : 30 p .m. in the : City Hall Pearland, Texas for the purpose of considering and, if deemed advisable by the City Council, adopting a resolution calling a bond elec- tion and for the purpose of conducting, considering, and acting upon such other business as shall come before the meeting. The need of the City for such financing creates an emergency and an urgent public necessity for the holding of the meeting and for the adoption of the election resolution at the meeting. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this day o.f , 1975. /s/ Dorothy L. Cook City Secretary CITY OF PEARLAND, TEXAS (SEAL) /411111, CERTIFICATE OF POSTING OF NOTICE OF MEETING THE STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS § CITY OF PEARLAND § I, the undersigned officer of the City of Pearland, Texas (the "City" )', do hereby execute this certificate for the benefit of all persons interested in the posting of notice of a meeting of the City Council of the City as re- quired by the Open Meetings Act (Article 6252-17, Vernon' s Texas Civil Statutes, as amended) and the validity of all actions and proceedings taken at such meeting and, I do hereby certify as follows: 1. I am the duly chosen, qualified and acting officer of the City for the office shown beneath my signature, and in such capacity I am familiar with the matters contained in this certificate. 2. The attached and foregoing is a true and correct copy of the notice of meeting which was posted by me at i /s- o' clock .m. on the day of ; e,/ 1975, on a bulletin board located at a place convenient to the public in the City Hall of the City . WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this day of ,J , , 1975. City Secretary CITY OF PEARLANg, TEXAS (SEAL): it