2014-243s:Uegal\our documents\ordinances\14\bond election ordinance v4.docx
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
CALLING AN ELECTION TO BE HELD ON NOVEMBER 4, 2014, WITHIN SAID CITY
ON THE QUESTION OF THE ISSUANCE OF $98,175,000 IN AD VALOREM TAX
SUPPORTED PUBLIC SECURITIES FOR STREETS, PUBLIC SAFETY, DRAINAGE AND
PARKS; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; AND
CONTAINING OTHER PROVISIONS INCIDENTAL THERETO; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the City Council (the "City Counci159) of the City of Denton, Texas (the
"City") finds and determines that an election should forthwith be called and held in the City for
the purpose of submitting propositions for the issuance of ad valorem tax supported public
securities for the purposes herein set forth; and
WHEREAS, it is provided in Section 3.004 of the Texas Election Code (the "Code") that
the governing body of the City shall order elections pertaining to municipal affairs, give notice
and appoint election officers to hold the election; and
WHEREAS, the City Council finds that the date at which said election shall be held is at
least seventy-eight (78) days after the date this ordinance is adopted; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The statements contained in the preamble to this ordinance are hereby
adopted as findings of fact and as a part of the operative provisions hereof.
SECTION 2. An election shall be held between the hours of 7:00 A.M. and i:00 P.M. on
November 4, 2014 in the City, for the purpose of submitting to the voters of the City ballot
propositions that authorize the issuance of public securities supported by ad valorem taxes, at the
polling places designated by the Denton County Elections Administrator (the "Elections
Administrator") in accordance with the provisions of a joint election agreement and contract for
election services with the Elections Administrator (the 66Election Services Agreement"), which
the City Manager or an Assistant City Manager is hereby authorized to execute in the name of
the City. The locations of such polling places are set forth in Exhibit A attached hereto. Exhibit
A shall be modified to include additional or different election day polling places designated by
the Elections Administrator and to conform to the Election Services Agreement.
SECTION 3. Early voting shall be conducted by personal appearance at the locations,
dates and times set forth in Exhibit B attached hereto and during the period early voting is
required or permitted by law, being October 20, 2014 through October 31, 2014. Exhibit B shall
be modified to include additional or different early voting locations designated by the Elections
Administrator and to conform to the Election Services Agreement.
SECTION 4. Eligible voters who live in the City may vote on election day and during
the eaxly voting period at any voting center shown in Exhibits "A" and 66B�9y respectively.
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SECTION 5. The Denton County Elections Administrator shall serve as the early voting
clerk in accordance with the terms of an Election Services Agreement. The main Early Voting
polling location for the election for residents of the City shall be at the following address.
Applications for early voting by mail must be received no later than the close of regular business
or 12 noon, whichever is later, on October 24, 2014. Applications for early voting by mail must
be submitted to the following address:
Early Voting Clerk
Denton County Elections Administrator
701 Kimberly Drive
Denton, Texas 76208
SECTION 6. All resident, qualified electors of said City shall be entitled to vote at said
election.
SECTION 7. 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 public
securities of said City, in one or more series or issues, in the aggregate principal
amount of $61,710,000, with the public securities 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: constructing, reconstructing, restructuring and extending streets,
roadways, bridges, overpasses, pedestrianways, sidewalks, landscaping,
streetscapes, collectors, storm drains, signalization, signage, other traffic and
signal controls, traffic control and transportation facilities, street lighting and
median improvements; up to $30,000 of such principal amount for acquiring,
constructing and installing public art related to and being part of some or all of the
foregoing; the acquisition of land and interests in land for the foregoing; and
improvements related to the foregoing; 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 public securities and provide a
sinking fund to pay said public securities at maturity?
PROPOSITION NO. 2
Shall the City Council of the City of Denton be authorized to issue public
securities of said City, in one or more series or issues, in the aggregate principal
amount of $16,565,000, with the public securities of each such series or issue,
respectively, to mature serially within not to exceed thirty years from their date,
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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: constructing, reconstructing, renovating, improving, expanding,
equipping and furnishing public safety facilities for the police department and the
fire department including related utility infrastructure, drainage, landscaping, and
site and access improvements; up to $325,000 of such principal amount for
acquiring, constructing and installing public art related to and being part of some
or all of the foregoing; the acquisition of land and interests in land for the
foregoing; and improvements related to the foregoing; 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 public securities
and provide a sinking fund to pay said public securities at maturity?
PROPOSITION NO. 3
Shall the City Council of the City of Denton be authorized to issue public
securities of said City, in one or more series or issues, in the aggregate principal
amount of $8,545,000, with the public securities 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: constructing, reconstructing, restructuring and installing stormwater
drainage and flood control improvements; related utility relocation and bridge and
street modifications or removal; the acquisition of land, structures and interests in
land for the foregoing; and improvements related to the foregoing; 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 public
securities and provide a sinking fund to pay said public securities at maturity?
PROPOSITION NO. 4
Shall the City Council of the City of Denton be authorized to issue public
securities of said City, in one or more series or issues, in the aggregate principal
amount of $11,355,000, with the public securities 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: constructing, reconstructing, renovating, improving, expanding and
equipping park improvements, including beautification, trails, athletic fields,
water parks, swimming pools, park buildings and recreation facilities; up to
$180,000 of such principal amount for acquiring, constructing and installing
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public art related to and being part of some or all of the foregoing; the acquisition
of land and interests in land for the foregoing; and improvements related to the
foregoing; 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 public securities and provide a sinking fund to pay said
public securities at maturity?
SECTION 8. The official ballots for said election shall be prepared in accordance with
the Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid
PROPOSITION, with the ballots to contain such provisions, markings and language as required
by law, and with such PROPOSITION to be expressed substantially as follows:
FOR
AGAINST
PROPOSITION NO. 1
THE ISSUANCE OF $61,710,000 OF PUBLIC SECURITIES
FOR STREET IMPROVEMENTS
PROPOSITION NO. 2
FOR ) THE ISSUANCE OF $16,565,000 OF PUBLIC SECURITIES
) FOR PUBLIC SAFETY FACILITIES FOR POLICE AND
AGAINST � FIRE DEPARTMENTS
PROPOSITION NO. 3
FOR __, ) THE ISSUANCE OF $8,545,000 OF PUBLIC SECURITIES
) FOR STORMWATER DRAINAGE AND FLOOD CONTROL
AGAINST � IMPROVEMENTS
PROPOSITION NO. 4
FOR
THE ISSUANCE OF $11,355,000 OF PUBLIC SECURITIES
FOR PARK SYSTEM IMPROVEMENTS
I-[N:�I�F."�11
SECTION 9. In accordance with the Election Services Agreement, the Elections
Administrator, as early voting clerk, shall receive applications for early voting ballots to be voted
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by mail. An early voting ballot board and signature verification committee shall be created to
process early voting results from the election.
SECTION 10. In accordance with the Election Services Agreement, the Elections
Administrator shall appoint the presiding judges for each polling place and the presiding judge of
the early voting ballot board. The presiding judge of the early ballot board, with the assistance
of the Elections Administrator, shall appoint two or more additional members to constitute the
early voting ballot board members and signature verification committee members, as may be
required to efficiently process the early voting ballots.
SECTION 11. In accordance with the Election Services Agreement, the Elections
Administrator shall appoint the presiding election judges, alternate presiding judges and early
voting clerks and deputy early voting clerks for the designated polling places.
SECTION 12. In accordance with provisions of the Code, the Bond Election Ordinance,
as it may be modified in a manner that is consistent with the election notice requirements
applicable to the Election, shall serve as proper notice of the election (the "Notice of Election").
The City Council hereby directs that the Notice of Election and the Bond Election Ordinance be
posted and published as follows, and it is speciiically authorized that the Bond Election
Ordinance may be provided to the Election Administrator who may act on behalf of the City in
posting the Bond Election Ordinance in accordance with the provisions of Section 4.003(�(1) of
the Code:
(a) The Notice of Election, in both English and Spanish, shall be published on the
same day in each of two (2) successive weeks in a newspaper of general
circulation in the City, the date of the first publication to be not less than fourteen
(14) days nor more than thirty (30) days prior to the date of the Election
(b) The Bond Election Ordinance, in both English and Spanish, shall be posted on the
bulletin board at the City Hall of the City used for posting notices of ineetings of
the City Council, and at three other public places in the City, not later than the
21 st day prior to the date set for the election;
(c) The Bond Election Ordinance, in both English and Spanish, and the Notice of
Election, in both English and Spanish, shall be prominently posted during the 21
days before the election on the City's Internet website; and
(d) The Bond Election Ordinance, in both English and Spanish, shall be posted on
election day and during early voting by personal appearance, in a prominent
location at each polling place.
SECTION 13. In all respects, said election shall be conducted in accordance with the
Texas Election Code and any other applicable laws. The City Secretary is authorized to perform
every act required by the City Charter, the laws of the State of Texas and all other applicable
laws for holding elections.
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SECTION 14. In accordance with Article 9, Sec. 9.02(c)(1) of the City Charter, it is
hereby found and determined that the probable period of usefulness of the proposed
improvements covered by the aforesaid PROPOSITION is 30 years.
SECTION 15. Article 9, Sec. 9.02(c)(6) of the City Charter contains the following
provision and requires this election ordinance to distinctly specify:
"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 $495,335,000 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. In accordance with the provisions of Section 3.009(b) of the Code, it is
hereby found and determined that:
(a) The proposition language that will appear on the ballot is set forth in Section 8
hereof.
(b) The purpose for which the bonds are to be authorized is set forth in Section 7
hereof.
(c) The principal amount of the bonds to be authorized is set forth in Sections 7 and 8
hereof.
(d) As set forth in Sections 7 and 8 hereof, if the bonds are approved by the voters,
the City Council will be authorized to levy annual ad valorem taxes on all taxable
property in the City, within the limits prescribed by law, sufficient to pay the
annual principal of and interest on the bonds and provide a sinking fund to pay the
bonds at maturity.
(e) Based upon the bond market conditions at the date of adoption of this Ordinance,
the maximum interest rate for any series of the bonds is estimated to be 5.50% as
calculated in accordance with applicable law. Such estimate takes into account a
number of factors, including the issuance schedule, maturity schedule and the
expected bond ratings of the proposed bonds. Such estimated maximum interest
rate is provided as a matter of information, but is not a limitation on the interest
rate at which the bonds, or any series thereof, may be sold.
(� As set forth in Section 7 hereof, if the bonds are approved, they may be issued in
one or more series, to mature serially, over a period not to exceed 30 years.
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(g) The aggregate amount of the outstanding principal of the City's debt obligations
which are secured by ad valorem taxes as of the beginning of the City's 2013-14
fiscal year is $397,160,000.
(h) The aggregate amount of the outstanding interest of the City's debt obligations
which are secured by ad valorem taxes as of the beginning of the City's 2013-14
fiscal year is $127,570,666.
(i) The ad valorem debt service tax rate for the City for the 2013-14 fiscal year is
$0.68975 per $100 of taxable assessed valuation.
SECTION 17. The City Manager or an Assistant City Manager are hereby authorized to
correct, modify or change the information in the attached Exhibits based upon the iinal locations,
dates and times agreed upon by the Elections Administrator and the City as well as incorporate
additional or different voting locations as designated by the Elections Administrator.
SECTION 18. 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,
Texas Government Code.
SECTION 19. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ���� m day �' �,�, p� � m_, 2014.
-�, ��. � ��° ��
��-i � '�'�TTS, MAYOI�
ATTEST:
1 � ��1�"�i� WALTERS� CITY SECRETARY
I�.
APP�i���",L�3 t"��"�"() LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: �y��.�".����'� ������
—_��'
, � ; ,,,, ,
.
BOND ATTORNEYS
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ELECTION AY P LLING PLACES
Aubrey Area Library Stephen Copeland Government Green Valley Baptist Church
226 Cauntryside Dr., Aubrey, Texas Center 9901 FM 428, Aubrey, Texas
Precinct No. 1005 1400 FM 424, Cross Raads, Texas Precinct No. 1008
Precinct No. 1007
Denton Christian Church
3130 N. Elm St., Denton, Texas
Precinct No. 1009
Dentan Fire Station #4
2110 Sherman Dr., Denton, Texas
Precinct No. 1012
Southmont Baptist Church
2801 Pennsylvania Dr., Dentan,
Texas
Precinct Nos. 1016, 1017
Pecan Creek Elementary
4400 Lakeview Blvd., Denton,
Texas
Precinct Nos. 1038, 1039, 4012,
4041
Robson Ranch
9501 Ed Robson Blvd., Denton,
Texas
Precinct No. 4003
Trinity Presbyterian Church
2200 N. Bell Ave., Denton, Texas
Precinct No. 4006
Denton Civic Center
321 E. McKinney, Denton, Texas
Precinct Nos. 4009, 4010
Cooper Creek Baptist Church
4582 Fishtrap Rd., Denton, Texas
Precinct Na. 1010
Singing Oaks Church of Christ
101 Cardinal Dr., Denton, Texas
Precinct No. 1013
DATCU Credit Union
3210 Teasley Ln., Denton, Texas
Precinct Na. 1018
Krum ISD
12 Gregg Rd., Krum, Texas
Precinct Nos. 4001, 4042
Denia Recreation Center
1001 Parvin St., Dentan, Texas
Precirnct Nos. 4004, 4037
First Baptist Church of Denton
1100 Malone St., Denton, Texas
Precinct No. 4007
Martin Luther King Jr. Rec. Center
1300 Wilson, Denton, Texas
Precinct No. 4011
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Towne North Baptist Church
526 Hercules Ln., Denton, Texas
Precinct No. 1011
McMath Middle School
1900 Jason Dr., Denton, Texas
Precinct Nos. 1014, 1015, 4014,
4015
Guyer High School
7501 Teasley Ln., Denton, Texas
Precinct Nos. 1019, 4016
Vivian Cockburn Municipal
Building
(Ponder Town Hall)
405 Shaffner St., Ponder, Texas
Precinct No. 4002
North Lakes Recreation Center
2001 W. Windsor Dr., Denton,
Texas
Precinct Nos. 4005, 4038, 4040
Carriage House Assisted Living
1357 Bernard St., Denton, Texas
Precinct Nos. 4008, 4013, 4039
Argyle City Hall
308 Denton St. E, Argyle, Texas
Precinct No. 4017
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EXHIBIT B
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"�s�e �'�ll�r��r��a �e�i�-� � v��t�n �c���di�rl:� �� ��l ()1VI, � b� +� ��r� ti��: cl.�rt�.� �r�scC tic��+�� C���ccl:
Monday—Friday
Saturday
Sunday
Monday—Friday
Steven E Copeland Government Cente_r
1400 FM 424, Cross Roads
Justin Municipal Complex
415 N. College, Justin
Denton Countv Elections Administration
701 Kimberly Dr., Denton
Lake Dallas City Hall
212 Main Street, Lake Dallas
October 20-24 8am—Spm
October 25 7am-7pm
October 26 lpm-6pm
October 27—October 31 7am-7pm
Little Elm Recreation Center
303 Main St., Little Elm
Flower Mound Police and Municipal Court Building
4150 Kirkpatrick, Flower Mound
Frisco Fire Station #7
330 W Stonebrook Pkwy., Frisco
Double Oak Town Hall
320 Waketon, Double Oak
Corinth City Hall
3300 Corinth Pkwy., Corinth
San�er Church of Christ
400 N. Locust St. Sanger
Svore Municipal Buildin�
100 Municipal Drive, Trophy
Club
Denton Civic Center
321 E. McKinney St., Denton
Monday — Friday
Saturday
Monday — Tuesday
Wednesday
Thursday — Friday
Monday — Friday
Saturday
Monday — Friday
Monday — Thursday
Sunday
Monday — Friday
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Lewisville Municipal Annex
1197 W. Main Street, Lewisville
Carrollton Public Librarv
4220 N. Josey, Carrollton
HiEhland Villa�e Municipal Complex
1000 Highland Village Rd., Highland Village
Ar�vle Town Hall
---
308 Denton St., Argyle
Pilot Point Senior Center
310 S Washington St., Pilot Point
The Colonv Government Center
6301 Main St., The Colony
Krum ISD Administration Buildin�
1200 Bobcat Blvd, Krum
October 20 — 24
October 25
October 27 — 28
October 29
October 30 — 31
October 20 — 24
October 25
October 27 — 31
October 20 — 23
October 26
October 27 — 31
8am — Spm
7am — 7pm
7am — 7pm
7am — Spm
7am — 7pm
8am — Spm
7am — 7pm
7am — 7pm
8am — Spm
lpm — 6pm
7am — 7pm