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10-E-21 Bond ElectionORDINANCE NO. 10-E-21 AN ORDINANCE CALLING A BOND ELECTION TO BE HELD IN THE CITY OF SCHERTZ, TEXAS; MAKING PROVISION FOR THE CONDUCT OF A JOINT ELECTION; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION WHEREAS, the City Council (the Council) of the CITY OF SCHERTZ, TEXAS (the City), located in Bexar County, Comal County, and Guadalupe County, Texas (each, a County and collectively, the Counties), hereby finds and determines that an election should be held to determine whether the Council shall be authorized to issue general obligation bonds of the City in the amounts and for the purposes hereinafter identified (the Election); and WHEREAS, the City. will contract with the Elections Administrator (the Elections Administrator) of Guadalupe County, Texas (Guadalupe County) to conduct certain aspects of the Election; and WHEREAS, the Election will be held jointly with Guadalupe County, and possibly other political subdivisions (such other political subdivisions, collectively, the Participants), as provided pursuant to the provisions of one or more joint election agreements between the City, Guadalupe County, and the Participants (if any), entered into in accordance with the provisions of Section 271.002, as amended, Texas Election Code; and WHEREAS, the Council hereby finds and determines that it is in the best interests of the City to enter into an election agreement with Guadalupe County and the Participants to conduct certain aspects of the Election in accordance with the laws of the State of Texas (the State) and applicable federal laws; and WHEREAS, the Council hereby finds and determines that the necessity to construct various capital improvements within the City necessitates that it is in the public interest to call and hold the Election at the earliest possible date to authorize the issuance of general obligation bonds for the purposes hereinafter identified; and WHEREAS, the Council hereby finds and determines that the actions hereinbefore described are in the best interests of the qualified voters of the City; now, therefore, BE IT ORDAINED BY THE CITY COUNC]L OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1. The Election shall be held on the 2nd day of November, 2010, a uniform election date, in the CITY OF SCHERTZ, TEXAS, which date is not less than seventy (70) days nor more than ninety (90) days after the date of the adoption of this ordinance (this Ordinance), for the purpose of submitting the following propositions to the qualified voters of the City: PROPOSITION NO. 1 "Shall the City Council of the City of Schertz, Texas be authorized to issue and sell one or more series of general obligation bonds of the City in the aggregate principal amount of $6,625,000 for the purpose of making permanent public improvements, or for other public purposes, to wit: designing, constructing, and equipping a new enclosed community swimming pool and aquatic facility of competition quality, relocating, constructing, and 76581360.2 improving the existing Schertz Playscape in connection with the new swimming pool and aquatic facility, and acquiring any necessary real property therefor, such bonds to mature serially or otherwise in accordance with law; and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating, variable or otherwise) as may be determined within the discretion of the City Council, provided that such rate of interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; and shall the City Council of the City be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes, within the limitations prescribed by law, on all taxable property in said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity and the cost of any credit agreements executed in connection with the bonds?" PROPOSITION N0.2 "Shall the City Council of the City of Schertz, Texas be authorized to issue and sell one or more series of general obligation bonds of the City in the aggregate principal amount of $6,000,000 for the purpose of making permanent public improvements, or for other public purposes, to wit: designing, constructing, and equipping new athletic and recreational sports fields and related parking and restroom and concession facilities at the existing Schertz Ballpark and Maske Road Soccer Complex, such bonds to mature serially or otherwise in accordance with law; and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating, variable or otherwise) as may be determined within the discretion of the City Council, provided that such rate of interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; and shall the City Council of the City be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes, within the limitations prescribed by law, on all taxable properly in said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at.maturity and the cost of any credit agreements executed in connection with the bonds?" PROPOSITION NO. 3 "Shall the City Council of the City of Schertz, Texas be authorized to issue and sell one or more series of general obligation bonds of the City in the aggregate principal amount of $2,250,000 for the purpose of making permanent public improvements, or for other public purposes, to wit: designing, constructing, reconfiguring, demolishing, renovating, and equipping the existing Schertz Animal Services Facility, designing, constructing, and equipping a new animal adoption space, a new animal vaccination facility, and a dog park, and acquiring any necessary real property therefor, such bonds to mature serially or otherwise in accordance with law; and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating, variable or otherwise) as may be determined within the discretion of the City Council, provided that such rate of interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; and shall the City Council of the City be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes, within the limitations prescribed by law, on all taxable property in said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity and the cost of any credit agreements executed in connection with the bonds?" 76581360.2 -2- PROPOSITION N0.4 "Shall the City Council of the City of Schertz, Texas be authorized to issue and sell one or more series of general obligation bonds of the City in the aggregate principal amount of $1,000,000 for the purpose of making permanent public improvements, or for other public purposes, to wit: designing, constructing, reconfiguring, demolishing, renovating, and equipping revitalization and beautification improvements to downtown City of Schertz in the area of FM 78 and Main Street (with a priority given to constructing features welcoming persons to the City, including but not limited to decorative pavings, crosswalks, curbing and decorative poles, utilities relocation, lighting, bollards, bike racks, trash receptacles, benches, sidewalk and trail improvements, fences, and landscaping) and acquiring any necessary real property therefor, such bonds to mature serially or otherwise in accordance with law; and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating, variable or otherwise) as may be determined within the discretion of the City Council, provided that such rate of interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; and shall the City Council of the City be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes, within the limitations prescribed by law, on all taxable property in said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity and the cost of any credit agreements executed in connection with the bonds?" PROPOSITION NO. 5 "Shall the City Council of the City of Schertz, Texas be authorized to issue and sell one or more series of general obligation bonds of the City in the aggregate principal amount of $1,450,000 for the purpose of making permanent public improvements, or for other public purposes, to wit: designing, constructing, and equipping a community fine arts and history center and acquiring any necessary real property therefor, such bonds to mature serially or otherwise in accordance with law; and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating, variable or otherwise) as may be determined within the discretion of the City Council, provided that such rate of interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; and shall the City Council of the City be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes, within the limitations prescribed by law, on all taxable property in said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity and the cost of any credit agreements executed in connection with the bonds?" PROPOSITION NO. 6 "Shall the City Council of the City of Schertz, Texas be authorized to issue and sell one or more series of general obligation bonds of the City in the aggregate principal amount of $5,100,000 for the purpose of making permanent public improvements, or for other public purposes, to wit: designing, constructing, and equipping a new community open air event facility and acquiring any necessary real property therefor, such bonds to mature serially or otherwise in accordance with law; and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating, variable or otherwise) as may be determined within the discretion of the City Council, provided that such rate of interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; and shall the City Council of the City be authorized to levy and pledge, and 76581360.2 -3' cause to be assessed and collected, annual ad valorem taxes, within the limitations prescribed by law, on all taxable property in said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity and the cost of any credit agreements executed in connection with the bonds?" As provided by Sections 42.0621 and 43.004, as amended, Texas Election Code, for an election held on the November uniform election date, the City shall designate as the polling places for the Election the regular County polling places in the County election precincts that contain territory from the City. A list of the City election precincts, the County election precincts, and the polling places designated for each such election precinct are identified on Exhibit A to this Ordinance, and this Exhibit is incorporated by reference for all purposes. At least 73 days prior to the Election, the City Manager of the City, in coordination with the Elections Administrator, as necessary or desirable, will identify and formally approve the appointment of the Presiding Judge, Alternate Presiding Judges, Election Clerks, and all other election officials for the Election, together with any other necessary changes to Election practices and procedures, and can correct, modify, or change the Exhibits to this Ordinance based upon the final location and times agreed upon by the Elections Administrator and the City. Each Presiding Judge shall appoint not less than two (2) resident qualified voters of the City or Guadalupe County, as appropriate, to act as clerks to properly conduct the election. However, if the Presiding Judge appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks. The appointment of such clerks may include a person fluent in the Spanish language to serve as a clerk to render oral aid in the Spanish language to any voter desiring such aid at the polls on the day of the election. In the absence of the Presiding Judge named above, the Alternate Presiding Judge shall perform the duties of the Presiding Judge. On the day of the Election, the polls shall be open as designated on Exhibit A. The main early voting location is designated in Exhibit B to this Ordinance (which is incorporated herein by reference for all purposes). The individual named as the Early Voting Clerk as designated in Exhibit B is hereby appointed as the Early Voting Clerk to conduct such early voting in the Election. The Early Voting Clerk shall appoint the Deputy Early Voting Clerks. This office or place shall remain open to permit early voting on the days and at the times as stated in Exhibit B. Early voting shall commence as provided on Exhibit B and continue through the date set forth on Exhibit B, all as provided by the provisions of the Texas Election Code, as amended. Additionally, permanent and temporary branch offices for early voting by personal appearance shall be established and maintained in accordance with the Texas Election Code. The locations, dates, and hours of operation for early voting at these offices (being permanent and/or temporary branch offices) shall be determined by the Elections Administrator, as identified in Exhibit B . An Early Voting Ballot Board is hereby established for the purpose of processing early voting results. The individual designated in Exhibit B as the Presiding Judge of the Early Voting Ballot Board is hereby appointed the Presiding Judge of the Early Voting Ballot Board. The Presiding Judge shall appoint not less than two (2) resident qualified voters of Guadalupe County to serve as members of the Early Voting Ballot Board. SECTION 2. Pursuant to Section 61.012, as amended, Texas Election Code, the City shall provide at least one accessible voting system in each polling place used in the Election. Such voting system shall comply with Texas and federal laws establishing the requirement for voting systems that permit voters with physical disabilities to cast a secrefi ballot. Paper ballots, touch screen voting 76581360.2 '4' machines, and/or such other legally-permissible voting method may be used for early voting and Election day voting by personal appearance. Certain early voting may be conducted by mail. SECTION 3. The City shall also utilize a Central Counting Station (the "Station") as provided by Section 127.001, et seq., as amended, Texas Election Code, as amended. The Elections Administrator, or her designee, is hereby appointed as the Manager and Presiding Judge of the Station and may appoint Station clerks and establish a written plan for the orderly operation of the Station in accordance with the provisions of the Texas Election Code, as amended. The Council hereby appoints the Elections Administrator, or her designee(s), as the Tabulation Supervisor and Elections Administrator and as the Programmer for the Station. Lastly, the Elections Administrator will publish notice and conduct testing on the automatic tabulation equipment relating to the Station and conduct instruction for the officials and clerks for the Station in accordance with the provisions of the Texas Election Code. SECTION 4. The official ballots shall be prepared in accordance with the Texas Election Code, as amended, so as to permit voters to vote "FOR" or "AGAINST" the aforesaid propositions which shall appear on the ballot substantially as follows: PROPOSITION NO. 1 "THE ISSUANCE OF $6,625,000 OF THE CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION BONDS FOR DESIGNING, CONSTRUCTING, AND EQUIPPING A NEW ENCLOSED COMMUNITY SWIMMING POOL AND AQUATIC FACILITY OF COMPETITION QUALITY, RELOCATING, CONSTRUCTING, AND IMPROVING THE EXISTING SCHERTZ PLAYSCAPE IN CONNECTION WITH THE NEW SWIMMING POOL AND AQUATIC CENTER, AND THE ACQUISITION OF ANY NECESSARY REAL PROPERTY THEREFOR". PROPOSITION N0.2 "THE ISSUANCE OF $6,000,000 OF THE CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION BONDS FOR DESIGNING, CONSTRUCTING, AND EQUIPPING NEW ATHLETIC AND RECREATIONAL SPORTS FIELDS AND RELATED PARKING AND RESTROOM AND CONCESSION FACILITIES AT THE EXISTING SCHERTZ BALLPARK AND MASKE ROAD SOCCER COMPLEX". PROPOSITION NO. 3 "THE ISSUANCE OF $2,250,000 OF THE CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION BONDS FOR DESIGNING, CONSTRUCTING, RECONFIGURING, DEMOLISHING, RENOVATING, AND EQUIPPING THE EXISTING SCHERTZ ANIMAL SERVICES FACILITY, DESIGNING, CONSTRUCTING, AND EQUIPPING A NEW ANIMAL ADOPTION SPACE, A NEW ANIMAL VACCINATION FACILITY, AND A DOG PARK, AND THE ACQUISITION OF ANY NECESSARY REAL PROPERTY THEREFOR". PROPOSITION N0.4 "THE ISSUANCE OF $1,000,000 OF THE CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION BONDS FOR DESIGNING, CONSTRUCTING, RECONFIGURING, DEMOLISHING, RENOVATING, AND EQUIPPING REVITALIZATION AND BEAUTIFICATION IMPROVEMENTS TO DOWNTOWN CITY OF SCHERTZ IN 76581360.2 -5- THE AREA OF FM 78 AND MAIN STREET (WITH A PRIORITY GIVEN TO CONSTRUCTING FEATURES WELCOMING PERSONS TO THE CITY, INCLUDING BUT NOT LIMITED TO DECORATIVE PAVINGS, CROSSWALKS, CURBING AND DECORATIVE POLES, UTILITIES RELOCATION, LIGHTING, BOLLARDS, BIKE RACKS, TRASH RECEPTACLES, BENCHES, SIDEWALK AND TRAIL IMPROVEMENTS, FENCES, AND LANDSCAPING, AND THE ACQUISITION OF ANY NECESSARY REAL PROPERTY THEREFOR". PROPOSITION NO. 5 "THE ISSUANCE OF $1,450,000 OF CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION BONDS FOR DESIGNING, CONSTRUCTING, AND EQUIPPING A COMMUNITY FINE ARTS AND HISTORY CENTER AND THE ACQUISITION OF ANY NECESSARY REAL PROPERTY THEREFOR". PROPOSITION NO. 6 "THE ISSUANCE OF $5, 100,000 OF THE CITY OF SCHERTZ, TEXAS GENERAL OBLIGATION BONDS FOR DESIGNING, CONSTRUCTING, AND EQUIPPING A NEW COMMUNITY OPEN AIR EVENT FACILITY AND THE ACQUISITION OF ANY NECESSARY REAL PROPERTY THEREFOR". SECTION 5. All resident qualified voters of the City shall be permitted to vote at the Election, and on the day of the Election, such voters shall vote at the designated polling places. The Election shall be held and conducted in accordance with the provisions of the Texas Election Code, as amended, Chapter 1251, as amended, Texas Government Code, and as may be required by any other law. All materials and proceedings relating to the Election shall be printed in both English and Spanish. SECTION 6. A substantial copy of this Ordinance shall serve as a proper notice of the Election. This notice, including a Spanish translation thereof, shall be posted at three (3) public places within the City and at the City Hall not less than twenty-one (21) days prior to the day of the Election, and be published on the same day in each of two (2) successive weeks in a newspaper of general circulation in the City, the first of these publications to appear in such newspaper not more than thirty (30) days, and not less than fourteen (14) full days prior to the day of the Election. SECTION 7. The Council authorizes the City Manager, or his designee, to negotiate and enter into a joint election agreement or other agreements with Guadalupe County, through the Elections Administrator, and the Participants, if any, in accordance with the provisions of the Texas Election Code, as amended, and to make such technical modifications to this Ordinance that are necessary for compliance with applicable Texas or federal law or to carry out the intent of the Council, as evidenced herein. SECTION 8. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. SECTION 9. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 10. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. 76581360.2 -6- SECTION 11. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and this Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 12. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 13. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption. PASSED AND APPROVED on the 10th day of August, 2010. ATTEST: ~ ~ , c City Secretary 76581360.2 '~' EXHIBIT A ELECTION PRECINCT AND ELECTION DAY POLLING LOCATIONS Election Day: November 2, 2010 Election Day Polling Locations open from 7:00 a.m. to 7:00 p.m. Presiding Judge: Alternate Presiding Judge: Guadalupe Bexar Comal City County County County Election Election Election Election Precincts Precincts Precincts Precincts Pollin Pg laces 1 301 *** *** Knights of Columbus Hall, 509 Schertz Pkwy., Schertz 2 302 *** *** Cibolo City Hall, 200 S. Main St., Cibolo 3 303 * * * * * * Schertz Elections Office, 1101 Elbel Rd., Schertz 4 304 *** *** Schertz Community Center, 1400 Schertz Parkway, Schertz 5 305 * * * * * * Schertz Baptist Church, 600 Aero, Schertz 6 306 *** *** Elaine S. Schlather Intermediate School, 230 Elaine S. Schlather Pkwy., Cibolo 7 3 07 * * * * * * Schertz Community Center North (formerly Northcliffe Fire Station), 3501 Morning Dr., Schertz 8 308 *** *** Schertz United Methodist Church, 3460 Roy Richard Dr., Schertz 9 401 *** *** Santa Clara City Hall, 1653 N. Santa Clara Rd., Santa Clara 10 *** 4087, 4183, *** Judson Middle School, 9695 Schaefer, San 4126 Antonio 11 * * * 4127 * * * Converse Economic Development Center, 601 S. Seguin, Converse 12 *** *** 202 John Paul II Catholic High School, 6720 FM 482, New Braunfels 13 * * * * * * 205 Jay F. Feibelman Garden Ridge Community Center, 21340 FM 3009, Garden Ridge 76581360.2 A-1 EXHIBIT B NOVEMBER 2, 2010 (2 DE NOVIEMBRE 2010) GENERAL AND SPECIAL ELECTIONS (ELECCIONES GENERAL YESPECL4L) LOCATIONS OF EARLY POLLING PLACES (LA VOTACIONADELANTADA ENPERSONA SE LLEYARA A CABO EN) Sequin Elections Office Monday, Oct. 18, 2010 thru Lunes, 18 de Oct., 2010 hasfa el 215 S. Milam St. Friday, Oct. 22, 2010 Viernes, 22 de Oct,, 2010 Seguin, TX 78155 8:00 a.m. to 5:00 p.m. de 8:00 de la manana a [as S.•00 de la farde Saturdav, Oct. 23, 2010 Sabado, 23 de Oct., 2010 10:00 a.m. to 4:00 p.m. de 10:00 de la manana a las 4:00 de la farde Monday; Oct. 25, 2010 thru Lunes, 25 de Oct., 2010 hasfa el Friday, Oct. 29, 2010 Viernes, 29 de Oct., 2010 7:00 a.m. to 7:00 p.m. de 7:00 de la manana a las 7:00 de la farde Schertz Elections Office Monday, Oct. 18, 2010 thru Lunes, 18 de Oct., 2010 hasfa el 1101 Elbel Rd. Friday, Oct. 22, 2010 Viernes, 22 de Oct., 2010 Schertz, TX 8:00 a.m. to 5:00 p.m. de 8:00 de la manana a las 5:00 de la farde Saturdav, Oct. 23, 2010 Sabado, 23 de Oct., 2010 • 10:00 a.m. to 4:00 p.m. de 10:00 de la manana a las 4:00 de la farde Monday, Oct. 25, 2010 thru Lunes, 25 de Oct., 2010 hasfa el Friday, Oct. 29, 2010 Viernes, 29 de Oct., 2010 7:00 a.m. to 7:00 p.m. de 7:00 de la manana a las 7:00 de la farde St. Joseph's Mission Monday, Oct. 18, 2010 Lunes, 18 de Oct., 2010 hasfa el 5093 Redwood Rd. 8:00 a.m. to 5:00 p.m. de 8:00 de la manana a las 5:00 de la farde San Marcos, TX Monday, Oct. 25, 2010 Lunes, 25 de Oct., 2010 hasfa el 7:00 a.m. to 7:00 p.m. de 7:00 de la manana a las 7:00 de la farde Kingsbury Fire Station Tuesday, Oct. 19, 2010 Martel, 19 de Oct., 2010 1060 FM 1104 8:00 a.m. to 5:00 p.m. de 8:00 de la manana a las 5:00 de la farde Kingsbury, TX Saturday, Oct. 23, 2010 Sabado, 23 de Oct,., 2010 10:00 a.m. to 4:00 p.m. de 10:00 de la manana a las 4:00 de la farde Tuesday, Oct. 26, 2010 Martes, 26 de Oct., 2010 7:00 a.m. to 7:00 p.m. de 7:00 de la manana a las 7:00 de la farde Forest Hills Church Wednesday, Oct. 20, 2010 Miercoles, 20 de Oct., 2010 8251 FM 1117 8:00 a.m. to 5:00 p.m. de 8:00 de la manana a las 5:00 de la farde Seguin, TX Wednesday, Oct. 27, 2010 Miercoles, 27 de Oct., 2010 7:00 a.m. to 7:00 p.m. de 7:00 de la manana a las 7:00 de la farde Grace Memorial Church Thursday, Oct. 21, 2010 Jueves, 21 de Oct.., 2010 3240 FM 725 8:00 a.m. to 5:00 p.m. de 8:00 de la manana a las 5:00 de la farde New Braunfels, TX Saturday, Oct. 23, 2010 Sabado, 23 de Oct., 2010 10:00 a.m. to 4:00 p.m. de 10:00 de la manana a las 4:00 de la farde Thursday, Oct. 28, 2010 Jueves, 28 de Oct., 2010 7:00 a.m. to 7:00 p.m. de 7:00 de la manana a las 7:00 de la farde New Berlin Community Center, Friday, Oct. 22, 2010 Viernes, 22 de Oct., 2010 8815 FM 775 8:00 a.m. to 5:00 p.m. de 8:00 de la manana a las 5:00 de la farde New Berlin, TX Friday, Oct. 29, 2010 Viemes, 29 de Oct., 2010 7:00 a.m. to 7:00 p.m. de 7.•00 de la manana a las 7:00 de la farde Applications for Ballot by Mail shall be mailed to: (Las solicitudes para boletas que se votaran adelantada por correo deberan enviarse a.) Sue Basham Elections Administrator P. O. Box 1346 Seguin, TX 78156-1346 Applications for Ballots by Mail must be received no later than the close of business on October 26, 2010. (Las solicitudes para boletas que se votaran adelantada por correo deberan recibirse para el ftn de las horas de negocio el 26 de Octubre, 2010. 76581360.2 B-1 CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS § COUNTIES OF BEXAR, COMAL, AND § GUADALUPE § CITY OF SCHERTZ § THE UNDERSIGNED HEREBY CERTIFIES that: 1. On the 10th day of August, 2010, the City Council (the Council of the City of Schertz, Texas (the Issuer) convened in regular session in the regular meeting place of the City at the City Hall (the Meeting), the duly constituted members of the Council being as follows: Harold Baldwin Mayor John Trayhan Mayor Pro Tem, Place 3 David Scagliola Councilmember, Place 1 Jim Fowler Councilmember, Place 2 Cedric Edwards, Sr. Councilmember, Place 4 Michael Carpenter Councilmember, Place 5 and all of such persons were present at the Meeting,, except the following: ~~ ,thus constituting a quorum. Among other business considered at the Meeting, the attached Ordinance (the Ordinance) entitled: AN ORDINANCE CALLING A BOND ELECTION TO BE HELD IN THE CITY OF SCHERTZ, TEXAS; MAKING PROVISION FOR THE CONDUCT OF A JOINT ELECTION; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION was introduced and submitted to the Council for passage and adoption. After presentation and discussion of the Ordinance, a motion was made by Councilmember ~C A_~~ca.. that the Ordinance be finally passed and adopted in accordance with the City's Home Rule Charter. The motion was seconded by Councilmember 'c=t;~~}L and carried by the following vote: voted "For" ~ voted "Against" C~ abstained all as shown in the official Minutes of the Council for the Meeting. 2. The attached Ordinance is a true and correct copy of the original on file in the official records of the City; the duly qualified and acting members of the Council on the date of the Meeting are those persons shown above, and, according to the records of my office, each member of the Council was given actual notice of the time, place, and purpose of the Meeting 76581430.1 and had actual notice that the Ordinance would be considered; and the Meeting and deliberation of the aforesaid public business, including the subject of the Ordinance, was posted and given in advance thereof in compliance with the provisions of Chapter 551, as amended, Texas Government Code. IN WITNESS WHEREOF, I have signed my name officially and affixed the seal of the City, this 10`" day of August, 2010. ~. City Secretary (CITY SEAL) -2- 76581430.1