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HomeMy WebLinkAboutORD 1985-017 � �,.** �r . -• y * ORDINANCE NO. 85-17 AN OftDINANCE AMENDING ORDINANCE NO. 85-12 OF THE CITY OF GRAPEVINE, TEXAS RELATING TO THE ISSUANCE OF CITY OF GRAPEVINE, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 1985, IN THE AGGREGATE ' PRINCIPAL AMOUNT OF $3,400,000 BY AMENDING THE PREAMBLES THEREOF; AND SECTIONS 3.01 AND 6.02; AND BY ADDING A NEW ARTICLE AND SECTION, WHICH SHALL BE CALLED ARTICLE XII, SECTION 12.01; RELATIVE TO DECLARING AN EMERGENCY; PROVIDING A SEVERABILITY CLAUSE: PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMEftGENCY WHEREAS, Ordinance No. 85-12 was passed by this City Council on March 5, �"'""` 1985 after first being presented for public comment at a public meeting, notice of which was given in accordance with Article 6252-17, V.A.T.C.S.; and � WHEREAS, Ordinance No. 85-12 related to the immediate preservation of the public peace, health or public welfare; and WHEREAS, it was the intent of this City Council that an emergency be declared and that Ordinance No. 85-12 be effective as of March 5, 1985; and WHEREAS, Ordinance No. 8�-12 was passed by a unanimous vote of this City Council; and WHEREAS, a statement of the nature of the emergency was inadvertently omitted from Ordinance No. 85-12 and it is the desire of this Council that Ordinance No. 85-12 be amended to reflect the intent of this Council at the time Ordinance No. 85-12 was passed; and WHEREAS, the Notice of Intent which was published prior to the passage of Ordinance No. 85-12 provided that the purposes for which the City of Grapevine, Texas, Combination Tax and Revenue Certificates of Obligation Series 1985 were being issued was for the construction, improvement, enlargement, equipment and maintenance of civic center convention buildings and parking areas or facilities located at or in the immediate vacinity of the convention center facilities a.nd paying all necessary and incidental expenses related thereto; and � WHEREAS, it is the intent of this Council to conform Ordinance No. 85-12 with the Notiee of Intent by deleting any reference to the purchase of land. �rrr NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all the findings and matters contained in the preamble hereof are found to be true and correct and are hereby incorporated into the body of this ordinance as if copied in their entirety. oaesy r�- � i�r.r � ' Y Section 2. That Ordinance No. 85-12 of the City Council of the City of Grapevine, Texas, passed and approved on the 5th day of March, 1985, entitled: AN ORDINANCE PROVIDING FOR THE ISSUANCE OF CITY OF GRAPEVINE, TEXAS, COMBINATION TAX AND REYENUE CERTIFICATES OF OBLIGATION, SERIES 1985, IN THE AGGREGATE PRINCIPAL - AMOUNT OF �3,400,000; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT is hereby amended in the following particulars and all other existing sections, subseetions, paragraphs, sentences, definitions, phrases and words of said Ordinanee No. 85-12 are not amended but shall remain in tact and are hereby ratified, confirmed and approved: A. That the preamble of Ordinance No. 85-12 is hereby amended by deleting any and all references to the purchase of land mentioned in said preamble. � - B. That Seetion 3.01 is hereby amended to read as follows: "�"' "The City's Certificates of Obligation to be designated "City of Grapevine, Texas, Combination Tax and Bevenue Certificates of Obligation, Series 1985," are hereby authorized to be issued and delivered in accorda.iice with the Constitution and laws of the State of Texas and the Charter of the City, Certificates to be issued in the aggregate principal amount of $3,400,000 for the purpose of obtaining funds for authorized needs and purposes, to-wit: the construction, improvement, enlargement, equipment and maintenance of civie center convention buildings and parking areas or facilities located at or in the immediate vacinity of the convention center facilities, and paying all necessary and incidental expenses related thereto." C. Paragraph 4 of the (Form of CertificateJ found in Section 6.02(a) is hereby amended to read as follows: "This Certificate is one of a series of fully registered certificates specified in the title hereof issued in the aggregate principal amount of $3,400,000 (hereiii referred to as the "Certificates"), issued pursuant to a certain Ordinance of the City (the "Ordinance") for the purpose of obtaining� funds for authorized needs and purposes, to-wit: the construction, improvement, enlargement, equipment and maintenance of civic center convention buildings and parking areas or facilities loeated at or in the immediate vicinity of the convention center facilities, and paying all necessary and incidental expenses related thereto." � D. That a new Article XII shall be added which reads as follows: � "ARTICLE XII MISCELLANEOUS MATTERS Section 12.01. Emerhency. The public importance of this Ordinance and the fact that it is to the best interest of the City to provide funds for the eonstruetion of the improvements herein contemplated at the earliest possible date constitutes 0485y -2- r= � � � - � an emergency and creates a necessity for the immediate preservation of the public peace, health and public welfare of the citizens of the City requiring that this Ordinance be passed and take effect as an emergency measure, and it is accordingly ordained that this Ordinance shall be in full force and effect on and after March 5, 1985. Section 3. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction such holding shall not affect the validity of the remaining portions of the ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 4. The fact that it is to the best interest of the City to provide funds for the construction or the improvements contemplated by Ordinance No. 85-12 at the earliest possible date constitutes an emergency and creates a necessity for the �� immediate preservation of the public business, property and public welfare of the citizens of the City of Grapevine, Texas which requires that this ordinance shall � become effective on and after March 5, 1985. PASSSED AND APPROVED on the 2nd day of April, 1985. _ � � William Tate, Mayor, City of Grapevine, Texas ATTEST: C�,'�t.e��.�; `:��__.-u,� Karen Spann, Grty Secretary, City of Grapevine, Texas [SEAL] � APPROVED AS TO FORM: � John Boyle, Esq., Ci Attor�iey City of Grapevine, Texas oaesy -3-