2004-367· S:\Our Documents\Ordinances\04\bond election ordinance.doc
ORDIN CE NO.
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, CALLING AN
ELECTION TO BE HELD WITHIN SAID CITY ON THE QUESTION OF THE ISSUANCE OF AD
VALOREM TAX SUPPORTED PUBLIC SECURITIES; 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 Council") 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 certain 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 that the governing body
shall order elections pertaining to municipal affiflrs, 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
sixty-two (62) 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 7:00 P.M. on
February 5, 2005 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.
SECTION 3. That the polling places, which shall be open from 7:00 a.m. to 7:00 p.m., shall be as
follows:
a. 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
c. 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:
Denia Recreation Center
1001 Parvin
Denton, Texas
SECTION 4. The following election officers are hereby appointed to hold said election:
For the Central Counting Station: Connie Bell, Presiding Judge; Don Alexander,
Manager; and Randie Geistman, Tabulation Supervisor.
For District No. 1: Ruby Cole, Presiding Judge and Betty Kimble, Alternate
Judge.
For District No. 2: Doris Chipman, Presiding Judge and Mary Jo Pickens,
Alternate Judge.
For District No. 3: Meri Baskin, Presiding Judge and Dorothy Alderdice,
Alternate Judge.
For District No. 4: Stanley Sawyer, Presiding Judge and Shirley Sawyer,
Alternate Judge.
SECTION 5. 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 bilingual assistants and not less than the number of clerks and assistants as required
by law. Said election officials shall receive remuneration as set by the Texas Election Code.
SECTION 6. By approving and signing this Ordinance the Mayor of the City officially confirms
her appointment of the herein named election officers to serve at this election; and by passing this
Ordinance the City Council approves and concurs in the appointment of these election officers.
.SECTION 7. Early voting by personal appearance and mail shall be conducted as provided in
this Section. The Early Voting Clerk for said election shall be the City Secretary, City of Denton. The
Early Voting Clerk shall appoint city employees and additional assistance by qualified individuals of the
community to serve as deputy early voting clerks to assist the Early Voting Clerk at the early voting
polling place.
Early voting shall be conducted at the City Secretary's office, Municipal Building (City Hall),
215 East McKinney, Denton, Texas. During the period early voting is required or permitted by law,
being January 19, 2005 through February 1, 2005, 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 22, 2005, from 10:00 a.m. to 3:00 p.m. 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 above described early voting polling place is also the Early Voting Clerk's mailing address
to which ballot applications and ballots voted by mail may be sent.
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There is hereby appointed an Early Voting Ballot Board, and Connie Bell shall act as the
Presi(gmg Judge and shall appoint two clerks to assist in the duties of the Early Voting Board. Said judge
and clerks shall receive remuneration as set by the Texas Election Code.
SECTION 8. The method of voting in said election shall be by ballots that conform to the
requirements of the Texas Election Code. An electronic voting system, using optically scanned ballots
meeting the requirements of Chapter 124 of the Texas Election Code, may be used for the election.
Preparation of the necessary equipment and official ballots for the election shall conform to the
reqtfnrements of the Texas Election Code.
SECTION 9. All resident, qualified electors of said City shall be entitled to vote at said election.
SECTION 10. A substantial copy of this Ordinance shall serve as proper notice of the Election,
which notice shall be given by posting substantial copies of this Ordinance in both English and Spanish
on the bulletin board at the City Hall of the City used for the posting of notices of meetings of the City
Council of the City and at three (3) other public places within the City not later than the twenty-first
(21st) day prior to the date upon which the Election is to be held; and substantial copies of this Ordinance
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.
SECTION 11. The City Secretary, City of Denton, is hereby responsible for any necessary
submissions to the U.S. Department of Justice for preclearance of said election under the Federal Voting
Rights Act.
SECTION 12. At said election the following PROPOSITIONS shall be submitted in accordance
with law:
PRoPoSITION NO. i
Shall the City Council of the City of Denton be authorized to issue the public securities
of said City, in one or more series or issues, in the aggregate principal amount of
$4,000,000, 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 determmed with'm 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 a senior center facility and the South Branch 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 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 the public securities
of said City, in one or more series or issues, in the aggregate principal amount of
$27,700,000, 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 with'm the discretion of the
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City Council, for the purpose of the acquisition of property and making improvements
for public purposes in said City, to-wit: street, roadway, sidewalk 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 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 the public securities
of said City, in one or more series or issues, in the aggregate principal amount of
$10,700,000, 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: park improvements, including beautification,
athletic fields, the acquisition of community park land and improvements and additions
and upgrades to city parks, park build'mgs, cemeteries and recreation centers; and shall
said City Council be author/zed 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 13. 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 such PROPOSITIONS to be expressed substantially as follows:
PROPOSITION NO. 1
FOR )
AGAINST )
THE ISSUANCE OF $4,000,000 OF PUBLIC
SECURITIES FOR CONSTRUCTION OF SENIOR
CENTER AND PUBLIC LIBRARY IMPROVEMENTS
PROPOSITION NO. 2
FOR )
AGAINST )
THE ISSUANCE OF $27,700,000 OF PUBLIC
SECURITIES FOR CONSTRUCTION OF STREET,
ROADWAY, SIDEWALK AND TRAFFIC CONTROL
IMPROVEMENTS
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FOR )
AGAINST )
PROPOSITION NO. 3
THE ISSUANCE OF $10,700,000 OF PUBLIC
SECURITiES FOR PARK SYSTEM
IMPROVEMENTS ·
SECTION 14. It is hereby found and determined that the probable period of usefulness of the
proposed improvements covered by the aforesaid PROPOSITIONS is 25 years.
SECTION 15. 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 $152,206,000 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 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. The manner of holding such election and all questions pertaining thereto shall be
governed by the election laws of the State of Texas.
SECTION 19. It is hereby officially found and deternfined that the meeting at which this
orc[mance 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. This ordinance shall become effective immediately upon its passage and
approval.
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PASSED AND APPROVED this the
/~/~'day of November, 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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