The City of Garland shall have the right and power to borrow
money on the credit of the City, in accordance with state law and
the Texas Constitution, for permanent public improvements or for any
other public purpose not prohibited by state law and the Texas Constitution,
including but not limited to the funding of economic development projects
or programs.
The City shall have the power to issue general obligation bonds,
revenue bonds, funding and refunding bonds, time warrants, certificates
of obligation, notes and other evidences of indebtedness permitted
by state law and the Texas Constitution. However, in no event shall
revenue bonds be considered an indebtedness of the City of Garland
nor to be repaid from funds secured by taxation.
The City shall have the right to fund any maturing bonds by
the issuance of new bonds in lieu thereof at the same or a lower rate
of interest, and may apply thereto the sinking fund belonging to any
series of bonds so funded, and may pay and retire any bonds by using
the sinking fund thereof if there is no danger of causing default
in other bonds for which that sinking fund was created.
(Ordinance 6991, prop. W, adopted 5/15/18)
This City may enter into an agreement with the United States
of America or any agency thereof, the State of Texas or any political
subdivision thereof to acquire, improve, pay for, maintain, control
and operate any or all of the following:
(1) Any
water system, including riparian rights, water supply reservoirs,
watersheds, dams, water pumping and filtration systems, rights-of-way
and all appurtenances and facilities useful in furnishing the inhabitants
of this City an abundant supply of wholesome water;
(2) Sewage
disposal plants and systems, rights-of-way, sewer lines and all other
sewage facilities useful in properly serving this City;
(4) Incinerators
and garbage disposal plants;
(5) Streets,
boulevards, alleys and other public ways serving inhabitants of the
City of Garland;
(9) Electric
light and power systems;
(10) Any
other public utility;
within or outside the City of Garland, or may alone acquire,
improve, maintain, control and operate any or all such projects wholly
or partially outside this City for the benefit of the residents of
the City.
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To finance any such project or projects, separately or jointly
with any other governmental unit, the City may incur indebtedness,
evidenced by notes, warrants, bonds or revenue certificates of this
City; provided, however, that any such agreement with other governmental
unit or units shall not become effective until twenty (20) days after
such agreement be embodied in an ordinance of the Council authorizing
its execution, and such ordinance has been published at least two
(2) times in a newspaper having a circulation in Garland.
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Before submitting a proposition to issue new or additional bonds
for approval by the voters, the Council shall first convene a Bond
Study Committee, composed of not less than nine (9) residents of the
City, to make recommendations to the Council on all such propositions.
The Council shall establish the Bond Study Committee at a regular
meeting preceding an election. Any proposition to issue new or additional
bonds, payable from the ad valorem taxes as authorized herein, shall
be first submitted to a vote of the qualified voters of the City at
an election to be held for that purpose. Any such election shall be
held and conducted in accordance with state law and the Texas Constitution.
.
After an issue of bonds has been ordered, the Council shall
have power to issue bonds payable serially or otherwise as in its
opinion the Council may deem best. All bonds shall be issued in accordance
with the procedures provided for and required by state law. When any
bonds are issued by the City a fund shall be provided to pay the interest
and create a sinking fund sufficient to pay the bonds at maturity,
and said sinking funds may be invested in accordance with state law.
(Ordinance 6095, sec. 2, adopted 3/20/07; Ordinance 6131 adopted 5/21/07; Ordinance
6991, prop. X, adopted 5/15/18)
All bonds, warrants, certificates of indebtedness and assignments
of revenue shall be signed by the Mayor, countersigned by the City
Secretary, and sealed with the seal of the City, and shall be payable
at such times and place or places as may be fixed, not more than forty
(40) years from their date.
It shall be the duty of the Mayor, when such bonds are issued,
to forward the same to the Comptroller of Public Accounts of the State
of Texas for submission, with all information he may have relating
thereto, to the Attorney General of the State of Texas.
It shall be the duty of the Mayor, at the time of forwarding
such bonds for registration, to furnish the same comptroller with
a statement of the amount of taxable property, real and personal,
in the City, and the amount of tax levied for the payment of interest
and the creation of a sinking fund on such bonds.
It shall be the duty of the Council each year to levy a tax
sufficient to pay the interest on and provide the necessary sinking
fund, required by law on all bonds outstanding, and if a deficiency
appears at any time in such fund, then the Council shall, for the
next succeeding year, levy an additional tax sufficient to discharge
such deficiency.
The Council shall keep, or cause to be kept, for and on behalf
of the City a complete bond registry and books, showing all bonds,
warrants, certificates of indebtedness and assignments of revenue
issued, the date and amount thereof, the rate of interest, maturity,
etc., of all bonds or other indebtedness surrendered and all other
transactions of the Council having reference to the refunding of the
indebtedness of said City. When bonds or their coupons are paid, their
payment or cancellation shall be noted in said registry. The books
shall be safely kept among the records of the City.
Any officer of the City who shall willfully or knowingly divert
or use any funds arising from the issuance of any bonds or any sinking
fund for any other purpose except that for which the funds [fund]
is created or is herein otherwise authorized shall be deemed guilty
of a misapplication of public funds and be subject to prosecution
as provided under the laws of the state for the diversion and conversion
of funds belonging to any of the municipalities of the state.
Each bond proposition shall expressly state all information
required by state law, the purpose of the proposition and the amount
thereof by project or category, as the Council may direct, so that
the voters may pass upon each proposition separately and apart from
another in order that each voter may vote “for” or “against”
any proposition or propositions without voting “for” or
“against” all such propositions.
The revenues resulting from an approved bond proposition shall
only be used for the project, projects or category of projects, as
the case may be, specified in such proposition for or retiring bonds
issued for that proposition, as determined by the City Council.
(Ordinance 4953 adopted 3/19/96; Ordinance 4968 adopted 5/7/96; Ordinance
5807 adopted 2/17/04; Ordinance 6991, prop. Y, adopted 5/15/18)