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HomeMy WebLinkAbout1999-411\\CH LGL\VOLI\shared\dept\LGL\Our Documents\0rd1nances\99\bond election doc NOTE: Amended by Ordinance No. 99-438 ORDINANCE NO 7 " `f l/ AN ORDINANCE CALLING A BOND ELECTION FOR JANUARY 15, 2000, DESIGNATING POLLING PLACES, APPOINTING ELECTION OFFICIALS, SETTING FORTH THE PROPOSITIONS TO BE SUBMITTED IN THE FORM TO BE SUBMITTED ON THE OFFICIAL BALLOT, DETERMINING THE BONDS WILL BE WITHIN ALL LEGAL DEBT LIMITATIONS, PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION, ORDERING THAT AN ELECTRONIC VOTING SYSTEM BE USED, MAKING ADDITIONAL PROVISIONS FOR THE CONDUCT THEREOF, AND PROVIDING FOR AN EFFECTIVE DATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, this City Council deems it advisable to call the election hereinafter ordered, and WHEREAS, it is hereby officially found and determined that holding the hereinafter called election on a uniform election date established by Section 41 001(a), Texas Election Code, is in the public interest, 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 Chapter 551, Government Code, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That a special municipal election is ordered to be held on Saturday, January 15, 2000, such date being a uniform election date established by the Texas Election Code (the "Code") §41 001(a), as amended, for the purpose of submitting the propositions to the voters of the City of Denton, Texas listed below for the approval or disapproval of $34,020,000 in general obligation bonds SECTION 2 That an election shall be held between the hours of 7 00 a in and 7 00 p in on January 15, 2000, in said City, at the following designated polling places Voters residing in District No 1 shall vote at Martin Luther King, Jr Recreation Center 1300 Wilson Street Denton, Texas b Voters residing in District No 2 shall vote at Fire Station No 4 2110 Sherman Drive Denton, Texas Voters residing in District No 3 shall vote at North Lakes Recreation Center 2001 West Windsor Drive Denton, Texas d Voters residing in District No 4 shall vote at Dema Recreation Center 1001 Parvm Denton, Texas SECTION 3 That the following election officers are hereby appointed to hold said election For the Central Counting Station George Spuller, Presiding Judge, Don Alexander, Manager, and Randle Smith, Tabulation Supervisor b For District No 1 Ruby Cole, Presiding Judge and Alma Clark, Alternate Judge For District No 2 Mary Mecay, Presiding Judge and LaRue Wood, Alternate Judge d For District No 3 Bill Williamson, Presiding Judge and Karen Pittman, Alternate Judge For District No 4 Roland Vela, Presiding Judge and Alice Waddell, Alternate Judge Jennifer Walters, City Secretary, shall conduct early voting under the Code SECTION 4. That the Presiding Judge of the Central Counting Station and of each district shall and is authorized to appoint a sufficient number of qualified election clerks as necessary to assist them in the election, including bihngual assistants and not less than the number of clerks and assistants as required by law SECTION 5. That by approving and signing this Ordinance the Mayor of the City officially confirms his appointment of the herein named election officers to serve at this election, and by passing this Ordinance the governing body of the City approves and concurs in the appointment of these election officers SECTION 6 That early voting shall be conducted at the City Secretary's office, Municipal Building (City Hall), 215 East McKinney, Denton, Texas, and during the period early voting is required or permitted by law, being December 29, 1999 through January 11, 2000, the hours designated for early voting by personal appearance shall be from 8 00 a in to 5 00 p in on each day except Saturdays (except early voting shall be conducted on Saturday, January 8, 2000 from 10 00 Page 2 a in to 3 00 p in at the same location for early voting), Sundays and legal state holidays, and the early voting clerk shall keep said early voting place open during such hours for early voting by personal appearance The early voting clerk for said election shall be Jennifer Walters SECTION 7 That an early ballot board is hereby created to process early voting results, and George Spuller is hereby appointed the presiding Judge of said board The presiding Judge shall appoint at least two other members of the board SECTION 8, That all resident, qualified electors of said City shall be entitled to vote at said election SECTION 9 That the Mayor is hereby directed to provide notice of the electron, in accordance with §§4 002 and 4 003 of the Code and other applicable laws, the notice to be printed in the Spanish language and English language SECTION 10 That an electronic voting system, using optically scanned ballots, meeting the requirements of Chapter 124 of the Code may be used for the election Preparation of the necessary equipment and official ballots for the election shall conform to the requirements of the Code SECTION 11 That substantial copies of this ordinance in both English and Spanish shall serve as proper notice of the election and said notice shall be (a) published in a newspaper of general circulation published within the City, the date of the first publication to be not less than the 30" day or later than the tenth day before the election day, (b) posted not later than the 21' day before election day, in a public place in each election district that is in the Junsdiction of the City, (c) posted not later than the 2131 day before electron day, on the bulletin board used for posting notices of meetings of the City Council of the City, and (d) noticed as may otherwise be required by other applicable laws SECTION 12, That at said election the following PROPOSITIONS shall be submitted in accordance with law PROPOSITION NO 1 Shall the City Council of the City of Denton be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $17,045,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to -wit street and traffic control improvements, and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? Page 3 PROPOSITION NO 2 Shall the City Council of the City of Denton be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $6,800,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to -wit the construction and improvement of public facilities, including construction of a new North Branch Library and renovation of the Central Library, and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at matunty9 PROPOSITION NO 3 Shall the City Council of the City of Denton be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $10,175,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to -wit park improvements, including beautification, athletic fields, an aquatic center, the acquisition of community park land and improvements and additions to city parks, park buildings and recreation centers, and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at matunty9 SECTION 13, That the official ballots for said election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR or "AGAINST" the aforesaid PROPOSITIONS, with the ballots to contain such provisions, markings, and language as required by law, and with each such PROPOSITION to be expressed substantially as follows FOR AGAINST PROPOSITION NO 1 THE ISSUANCE OF $17,045,000 OF STREET AND TRAFFIC CONTROL IMPROVEMENT BONDS Page 4 PROPOSITION NO 2 FOR THE ISSUANCE OF $6,800,000 OF PUBLIC FACILITY IMPROVEMENT BONDS AGAINST PROPOSITION NO 3 FOR THE ISSUANCE OF $10,175,000 OF PARK IMPROVEMENT BONDS AGAINST SECTION 14, That it is hereby found and determined that the probable period of usefulness of the propose improvements covered by the aforesaid PROPOSITIONS is 25 years SECTION 15 That Article 9, Sec 9 02 of the City Charter contains the following provision and requires this election ordinance to distinctly specify "(d) A determination of the net debt of the City after issuance of the bonds thereby authorized, together with a declaration that the bonds thereby authorized will be within all debt and other limitations prescribed by the Constitution and laws of the State of Texas" The determination is hereby made that the net debt of the City after the issuance of the bonds herein proposed to be submitted will be not more than $93,871,730 and it is hereby declared that said general obligation bonds will be within all debt and other limitations prescribed by the Constitution and laws of the State of Texas SECTION 16, That in all respects said election shall be conducted in accordance with the Texas Election Code The City Secretary is authorized to prepare the official ballot for the election and perform every act required by the City Charter, the laws of the State of Texas and all other applicable laws for holding elections SECTION 17 The election officers named above shall make returns for the election in the manner required by law The ballots that are properly marked in conformance with the provisions of the Texas Election Code for votes cast both during the period of early voting and on the day of the election shall be counted in the manner required by law SECTION 18 That the manner of holding such election and all questions pertaining thereto shall be governed by the election laws of the State of Texas Page 5 SECTION 19 That it is hereby officially found and determined that the meeting at which this ordinance is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Government Code, Tex Rev Civ Stat Ann 1997 SECTION 20 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 2nd day of November, 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY BY / APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATT BY %'fit:?Al, Page 6 F \shared\dept\LOL\Our Documents\0rdmances\99\bond election amend doe ORDINANCE NO 99 AN ORDINANCE AMENDING ORDINANCE NO 99-411 CALLING A BOND ELECTION FOR JANUARY 15, 2000, AMENDING SECTION 13 OF SAID ORDINANCE TO CHANGE THE WORDING OF PROPOSITION NO 2 FOR THE BALLOT, AND PROVIDING FOR AN EFFECTIVE DATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, on November 2, 1999 the City Council adopted Ordinance No 99-411 calling for a bond election to be held on January 15, 1999, and WHEREAS, the City Council deems it advisable to amend Section 13 of said ordinance to change the wording of Proposition No 2 for the ballot, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Section 13 of Ordinance No 99-411 is amended in part so that the ballot for Proposition No 2 will contain such provisions, markings and language as required by law, and will be expressed substantially as follows PROPOSITION NO 2 FOR THE ISSUANCE OF $6,800,000 OF LIBRARY FACILITY IMPROVEMENT BONDS AGAINST SECTION 2 All other provisions of Ordinance No 99-411 not in conflict with this ordinance shall remain in full force and effect SECTION 3 That this ordinance shall become effective immediately upon its passage and approval 10 PASSED AND APPROVED this the / day of1999 JACI LER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, Cl Y ATTORNEY BY Page 2