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1999-411\\CH LGL\VOLl~shared~dept~LGL\Our Documents\Ordlnances\99\bond elect~on doc NOTE: Amended by Ordinance No. 99-438 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, flus City Council deems at advisable to call the election hereinafter ordered, and WHEREAS, at as hereby offimally found and detenmned that holding the hereinafter called election on aumform election date estabhshed by Section 41 001(a), Texas Election Code, as m the public interest, and that said meetmg was open to the pubhc, and public notice of the tune, place and purpose of smd meeting was given, all as reqmred 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 submlttmg the propositions to the voters of the City of Denton, Texas lasted below for the approval or disapproval of $34,020,000 In general obligation bonds SECTION 2 That an elect~on shall be held between the hours of 7 00 a m and 7 00 p m on January 15, 2000, m smd City, at the followmg designated polling places a Voters resathng in District No 1 shall vote at Martin Luther King, Jr Recreation Center 1300 Wilson Street Denton, Texas b Voters residing in D~stnct No 2 shall vote at Fire Station No 4 2110 Sherman Drive Denton, Texas c Voters residing m District No 3 shall vote at North Lakes Recreation Center 2001 West Windsor Drive Denton, Texas d Voters residing m Dmtnet No 4 shall vote at Dema ReereaUon Center 1001 Parvm Denton, Texas SECTION 3 That the following election officers are hereby appmnted to hold said election a For the Central Counting Station George Spuller, Presiding Judge, Don Alexander, Manager, and Rand~e Smith, Tabulatmn Supervmor b For Dlsmct No 1 Ruby Cole, Presiding Judge and Alma Clark, Alternate Judge c For Dmtnet No 2 Mary Mecay, Presiding Judge and LaRue Wood, Alternate Judge d For D~stnct No 3 Bill Wflhamson, Presiding Judge and Karen Plttman, Alternate Judge e For District No 4 Roland Vela, Presiding Judge and Ahce Waddell, Alternate Judge f Jennifer Walters, City Secretary, shall conduct early voting under the Code S]~CTION 4. That the Presiding Judge of the Central Countang Station and of each district shall and ~s authorized to appoint a sufficient number of qualified election clerks as necessary to assist them m the electron, including bahngual assistants and not less than the number of clerks and assistants as reqmred by law T~.E_.G.!I_O_!~I~ That by approving and s~gnlng this Ordinance the Mayor of the City officially confirms bas appointment of the hereto named elect~on officers to serve at th~s election, and by passing tbas Ordinance the govemmg body of the City approves and concurs in the appointment of these election officers SJECTION 6 That early voting shall be conducted at the City Secretary's office, Municipal Building (C~ty Hall), 215 East McKanney, Denton, Texas, and dunng 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 m to 5 00 p m on each day except Saturdays (except early voting shall be conducted on Saturday, January 8, 2000 from 10 00 Page 2 a m to 3 00 p m at the same locatxon for early votxng), Sundays and legal state holidays, and the early voting clerk shall keep said early voting place open dunng 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 ~s hereby appointed the presiding judge of smd board The presiding judge shall appoint at least two other members of the board ~ECTION 8. That all resident, quahfied electors of said Cl[y shall be entitled to vote at said elect~on St~CTION 9 That the Mayor ~s hereby d~rected to prowde not~ce of the election, in accordance w~th §§4 002 and 4 003 of the Code and other applicable laws, the not,ce to be pnnted in the Spamsh language and Enghsh language SECTION 10 That an electromc voting system, using optically scanned ballots, meeting the reqmrements of Chapter 124 of the Code may be used for the elect~on Preparation of the necessary eqmpment and offieml ballots for the elect~on shall conform to the mqmrements of the Code SECTION 11 That substantial copies of tins ordinance m both Enghsh and Spamsh shall serve as proper notme of the electron and said notice shall be (a) pubhshed in a newspaper of general circulation published wltlun the C~ty, the date of the first pubhcatlon to be not less than the 30a' day or later than the tenth day before the elect~on day, (b) posted not later than the 21st day before elect~on day, ~n a pubhe place m each elect~on chstnct that ~s ~n the jurisdiction of the C~ty, (c) posted not later than the 21~t day before election day, on the bulletin board used for posting notmes of meetings of the City Conncfl of the City, and (d) notmed as may otherwise be required by other apphcable laws ~ That at smd elect~on the following PROPOSITIONS shall be submitted in accordance w~th law PROPOSITION NO 1 Shall the C~ty Cotmcfl of the City of Denton be authorized to issue the bonds of smd C~ty, in one or more series or ~ssues, ~n the aggregate pnnc~pal amount of $17,045,000, w~th the bonds of each such series or ~ssue, respectively, to mature serially wltlun not to exceed tturty years fi.om their date, and to be sold at such prices and bear interest at such rates, not to exceed the maxmaum rates permitted by law at the raspect~ve times of ~ssuance, as shall be determined within the d~scretlon of the C~ty Cotmcfl, for the purpose of the acqmsition of property and making ~mprovements for pubhc purposes ~n said C~ty, 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 sufficmnt to pay the annual interest on said bonds and prowde a s~nk~ng 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 smd City, in one or more series or issues, m the aggregate pnnclpal amount of $6,800,000, with the bonds of each such series or issue, respectively, to mature serially wltlun not to exceed tturty 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 acqmsmon 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 L~brary, and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes m an amount sufficient to pay the annual interest on said bonds and prowde a sinking fund to pay said bonds at maturity9 PROPOSITION NO 3 Shall the City Council of the Clty of Denton be anthonzed to issue the bonds of stud City, in one or more series or issues, in the aggregate pnnclpal amount of $10,175,000, with the bonds of each such series or ~ssue, respectively, to mature serially wltlmn not to exceed tlurty 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 acqmsltlon of property and making improvements for pubhc purposes m smd City, to-wit park improvements, including beautification, athletic fields, an aquatic center, the acquisition of commumty park land and improvements and additions to city parks, park bmldlngs and recreation centers, and shall stud 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 ~nterest on stud bonds and provide a sinking fund to pay stud bonds at maturity9 SECTION 13. That the official ballots for smd electaon shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR or "AGAINST" the aforesmd 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 PROPOSITION NO 1 FOR ) ) ) AGAINST ) THE ISSUANCE OF $17,045,000 OF STREET AND TRAFFIC CONTROL IMPROVEMENT BONDS Page 4 FOR AGAINST PROPOSITION NO 2 THE ISSUANCE OF $6,800,000 OF PUBLIC FACILITY IMPROVEMENT BONDS PROPOSITION NO 3 FOR AGAINST THE ISSUANCE OF $10,175,000 OF PARK IMPROVEMENT BONDS SECTION 14. That ~t is hereby found and determined that the probable period of usefulness of the propose improvements covered by the aforesmd PROPOSITIONS is 25 years SECTION 15 That Artmle 9, Sec 9 02 of the City Charter commns the following provision and reqmres this elect~on orchnance to dtstmctly specify "(d) A determination of the net debt of the City after issuance of the bonds thereby authorized, together w~th a declaration that the bonds thereby authorized will be w~thln 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 C~ty 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 stud general obligation bonds will be within all debt and other hmltatlons prescnbed by the Constitution and laws of the State of Texas SECTION 16. That in all respects smd election shall be conducted in accordance with the Texas Electaon 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 elect~on m the manner reqmred by law The ballots that are properly marked m conformance with the provisions of the Texas Election Code for votes cast both dunng the period of early voting and on the day of the election shall be counted in the manner required by law SECTION 18 That themarmer ofholdtng suchelect~on and all questionsperttumngthercto shall be govemad 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 flus orchnanee is passed was open to the pubhe as required and that public not~ee of the t~me, place, and purpose of sa~d meeting was given as required by the Open Meetings Act, Chapter 551 of the Government Code, Tex Rev Clv Stat Ann 1997 TI~.E..Q.T. LO.~O_ That flus orthnance shall become effective immediately upon its passage and approval PASSED AND APPROVED th~s the 2nd day of November, 1999 ATTEST~ JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Page 6 F \shared\dept~LOL\Our Documents\Ordmances\99\bond elect~on amend doc 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 calhng for a bond electron to be held on January 15, 1999, and WHEREAS, the C~ty Cotmcfl deems ~t advisable to amend Section 13 of smd orthnance to change the wording of Proposmon No 2 for the ballot, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Section 13 of Orthnance No 99-411 ~s amended m part so that the ballot for Proposmon No 2 will contain such proms~ons, marlongs and language as reqmred by law, and will be expressed substantially as follows PROPOSITION NO 2 FOR ) ) ) AGAINST ) THE ISSUANCE OF $6,800,000 OF LIBRARY FACILITY IMPROVEMENT BONDS SECTION 2 AIl other proms~ons of Ordinance No 99411 not ~n conflict w~th flus ordinance shall remain m full force and effect SECTION 3 That th~s ordinance shall become effective ~mmedlately upon ~ts passage and approval ,1999 JACI~LER, MAYOR - ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CItY ATTORNEY Page 2