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1997E15- BOND ELECTION ORDINANCE NUMBER 11- E- / 5' AN ORDINANCE CALLING A BOND ELECTION TO BE HELD IN THE CITY OF SCHERTZ, TEXAS; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION; AND PROVIDING AN EFFECTIVE DATE * * * * * * * * * * * * * * * * * * * * * * WHEREAS, the City Council (the Council) of the CITY OF SCHERTZ, TEXAS (the City) 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; and WHEREAS, the election will be administered by the Guadalupe County Elections Administrator; and WHEREAS, the Council hereby finds and determines that the holding of a bond election on the date set forth below, a uniform election date, is in the public interest; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: SECTION 1. An election shall be held on the 9th day of August, 1997, a uniform election date, in the CITY OF SCHERTZ, TEXAS, which date is not less than fifteen (15) nor more than ninety (90) days from the date of the adoption of this ordinance (the 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 general obligation bonds of the City in the principal amount of $1,868,755 for the purpose of making permanent public improvements, or for other public purposes, to construct and equip a police facility for public safety and the purchase of land; such bonds to mature serially or otherwise not more than forty (40) years from their date; 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 0270766.01 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?" PROPOSITION NO.2 "Shall the City Council of the City of Schertz, Texas be authorized to issue and sell general obligation bonds of the City in the principal amount of $1,969,840 for the purpose of making permanent public improvements, or for other public purposes, to construct and equip a fire station facility for public safety and the purchase of land; such bonds to mature serially or otherwise not more than forty (40) years from their date; 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?" PROPOSITION NO.3 "Shall the City Council of the City of Schertz, Texas be authorized to issue and sell general obligation bonds of the City in the principal amount of $1,012,330 for the purpose of making permanent public improvements, or for other public purposes, to construct and equip an emergency medical services facility for public safety; such bonds to mature serially or otherwise not more than forty (40) years from their date; 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?" 0276756.01 -2- PROPOSITION NO.4 "Shall the City Council of the City of Schertz, Texas be authorized to issue and sell general obligation bonds of the City in the principal amount of $240,920 for the purpose of making permanent public improvements, or for other public purposes, to construct and equip the Town Center/Museum facilities; such bonds to mature serially or otherwise not more than forty (40) years from their date; 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?" PROPOSITION NO.5 "Shall the City Council of the City of Schertz, Texas be authorized to issue and sell general obligation bonds of the City in the principal amount of $80,000 for the purpose of making permanent public improvements, or for other public purposes, for constructing improvements to the City library; such bonds to mature serially or otherwise not more than forty (40) years from their date; 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?" PROPOSITION NO.6 "Shall the City Council of the City of Schertz, Texas be authorized to issue and sell general obligation bonds of the City in the principal amount of $454,810 for the purpose of making permanent public improvements, or for other public purposes, to construct improvements to the Schertz Community Center; such bonds to mature serially or otherwise not more than forty (40) years from their date; 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 ofthe City Council, 0276700.01 -3- 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?" PROPOSITION NO. 7 "Shall the City Council of the City of Schertz, Texas be authorized to issue and sell general obligation bonds of the City in the principal amount of $198,585 for the purpose of making permanent public improvements, or for other public purposes, to construct and equip park improvements, including an all-weather enclosure for the municipal swimming pool; such bonds to mature serially or otherwise not more than forty (40) years from their date; 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?" PROPOSITION NO.8 "Shall the City Council of the City of Schertz, Texas be authorized to issue and sell general obligation bonds of the City in the principal amount of $1,129,090 for the purpose of making permanent public improvements, or for other public purposes, to construct and equip park improvements, including the construction of a recreation center; such bonds to mature serially or otherwise not more than forty (40) years from their date; 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?" 0275756.01 -4- PROPOSITION NO.9 "Shall the City Council of the City of Schertz, Texas be authorized to issue and sell general obligation bonds of the City in the principal amount of $356,415 for the purpose of making permanent public improvements, or for other public purposes, to construct and equip park improvements, including satellite/neighborhood parks and the purchase of land; such bonds to mature serially or otherwise not more than forty (40) years from their date; 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?" PROPOSITION NO. 10 "Shall the City Council of the City of Schertz, Texas be authorized to issue and sell general obligation bonds of the City in the principal amount of $510,385 for the purpose of making permanent public improvements, or for other public purposes, to construct and equip park improvements, including improvements to existing parks; such bonds to mature serially or otherwise not more than forty (40) years from their date; 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?" PROPOSITION NO. 11 "Shall the City Council of the City of Schertz, Texas be authorized to issue and sell general obligation bonds of the City in the principal amount of $928,870 for the purpose of making permanent public improvements, or for other public purposes, to construct and equip park improvements, including improvements to existing ballfields; such bonds to mature serially or otherwise not more than forty (40) years from their date; and any issue or series of said bonds to bear interest at such rate or rates 0276766.01 -5- 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?" SECTION 2. The entire City shall constitute one election precinct for holding the election. The polling places hereby designated for holding the election shall be the Schertz Community Center, 1400 Schertz Parkway, Schertz, Texas. Joseph Smith is hereby appointed Presiding Judge and Janestine Kvapil is hereby appointed Alternate Presiding Judge. The Presiding Judge shall appoint not less than two (2) nor more than four (4) resident qualified electors of Guadalupe County 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 appointtpent 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. The election shall be held in the City as prescribed by applicable law and on the day of the election, the polls shall be open from 7:00 o'clock a.m. to 7:00 o'clock p.m. J. R. Perez will serve as the Early Voting Clerk and his mailing address is 307 West Court, Seguin, Texas 78155. Applications for early voting ballots may be directed to the City Secretary at P.O. Drawer 1, Schertz, Texas 78154. The place for early voting by personal appearance shall be the Schertz Community Center located at 1400 Schertz Parkway, Schertz, Texas. With the exception of Saturdays, Sundays, and official State holidays, these offices or places shall remain open from 8:30 a.m. to 4:30 p.m. for early voting. Early voting shall commence on the 20th day before the election and continue through the 4th preceding the date of the election all as provided by the provisions of the Texas Election Code. An Early Voting Ballot Board is hereby established for the purpose of processing early voting results. Mary Helen Purpa is appointed the Presiding Judge of the Early Voting Ballot Board. The Presiding Judge shall appoint not less than two (2) nor more than four (4) resident qualified electors of Guadalupe County to serve as members of the Early Voting Ballot Board. The election shall be administered by the Guadalupe County Elections Administrator. 0275756.01 -6- SECTION 3. Voting machines may be used in holding and conducting the election on election day; provided, however, that if the use of voting machines is not practicable, then in that event, electronic voting devices may be used in conducting the election on election day; provided, however, in the event the use of such electronic voting devices is not practicable, the election may be conducted on election day by the use of paper ballots. Paper ballots may be used for early voting by personal appearance and by mail. SECTION 4. The official ballots shall be prepared in accordance with the Texas Election Code, as amended, so as to permit electors to vote "FOR" or "AGAINST" the aforesaid proposition which shall appear on the ballot substantially as follows: PROPOSITION NO.1 "THE ISSUANCE OF $1,868,755 OF GENERAL OBLIGATION BONDS TO CONSTRUCT AND EQUIP A POLICE FACILITY AND THE PURCHASE OF LAND RELATING THERETO." PROPOSITION NO.2 "THE ISSUANCE OF $1,969,840 OF GENERAL OBLIGATION BONDS TO CONSTRUCT AND EQUIP A FIRE STATION FACILITY AND THE PURCHASE OF LAND RELATING THERETO." PROPOSITION NO.3 "THE ISSUANCE OF $1,012,330 OF GENERAL OBLIGATION BONDS TO CONSTRUCT AND EQUIP AN EMERGENCY MEDICAL SERVICES ("EMS") FACILITY." PROPOSITION NO.4 "THE ISSUANCE OF $240,920 OF GENERAL OBLIGATION BONDS TO CONSTRUCT AND EQUIP THE TOWN CENTER/MUSEUM FACILITY." PROPOSITION NO.5 "THE ISSUANCE OF $80,000 OF GENERAL OBLIGATION BONDS TO CONSTRUCT IMPROVEMENTS TO THE CITY'S LIBRARY." 0270766.01 -7- PROPOSITION NO.6 "THE ISSUANCE OF $454,810 OF GENERAL OBLIGATION BONDS TO CONSTRUCT IMPROVEMENTS TO THE SCHERTZ COMMUNITY CENTER." PROPOSITION NO. 7 "THE ISSUANCE OF $198,585 OF GENERAL OBLIGATION BONDS TO CONSTRUCT AND EQUIP PARK FACILITIES, INCLUDING AN ALL-WEATHER ENCLOSURE FOR THE MUNICIPAL SWIMMING POOL." PROPOSITION NO.8 "THE ISSUANCE OF $1,129,090 OF GENERAL OBLIGATION BONDS TO CONSTRUCT AND EQUIP PARK FACILITIES, INCLUDING THE CONSTRUCTION OF A RECREATION CENTER." PROPOSITION NO.9 "THE ISSUANCE OF $356,415 OF GENERAL OBLIGATION BONDS TO CONSTRUCT AND EQUIP PARK FACILITIES, INCLUDING SATELLITE/NEIGHBORHOOD PARKS AND THE PURCHASE OF LAND RELATING THERETO." PROPOSITION NO. 10 "THE ISSUANCE OF $510,385 OF GENERAL OBLIGATION BONDS TO CONSTRUCT AND EQUIP PARK FACILITIES, INCLUDING IMPROVEMENTS TO EXISTING PARKS." PROPOSITION NO. 11 "THE ISSUANCE OF $928,870 OF GENERAL OBLIGATION BONDS TO CONSTRUCT AND EQUIP PARK FACILITIES, INCLUDING IMPROVEMENTS TO EXISTING BALLFIELDS." SECTION 5. All resident qualified electors of the City shall be permitted to vote at the election and on the day of the election, such electors shall vote at the designated polling place. The election shall be held and conducted in accordance with the 0275766.01 -8- provisions of the Texas Election Code, as amended and the provisions of Texas Revised Civil Statutes Annotated Chapter 1 of Title 22, as amended, and as may be required by any other law. All election materials and proceedings 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 fifteen (15) days prior to the date the election is to be held, 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 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 8. All ordinances and resolutions, or par~s 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 9. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10. 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 11. 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 12. This Ordinance shall be in force and effect from and after the date of its adoption, and it is so ordained. 0275766.01 -9- PASSED AND APPROVED on first reading, this the 28th day of May, 1997. PASSED AND APPROVED on final reading, this the 3rd day of June, 1997. CITY OF SCHERTZ, TEXAS ah.~ Mayor ATTEST: ~~ City Secretary 0275756.01 -10- , PUBLISHER'S AFFIUAVIT ",,\,. ...." I County of Guadalupe .I~~' /u..I ~ q1-t-/; ~~ ~ ,;r" J 11.~+ THE STATE OF TEXAS, Before me, the undersigned authority, on this date personally appeared L. A. REYNOLDS known to me, who, being by rne duly sworn, on his oath deposes and says that he is the Advertising Director of The Seguin Gazette-Enterprise, a newspaper published in said county; that a copy of the within and fore- going AD was published in said newspaper 2 times before the return day named therein, . ORDINAI;lCE NO.97-E-15 !!J!!. . An Ordi,vance calling a bond eler.tion to be held in The City of Schertz, Taxas: ORDINANC .97-E-15 making provision for the An Ordinance calling a bond conduct of the election; re- election to be held in The solving other matters incid- City of Schertz, Texas; ent and related to such. making provision for the election; and providing an! co~uct ot the electio~; ~- effective date. solvIng other matters Incid- Passed, Approved and ent ~nd related ~o. such Adopted the 3rd day of election; and proVIding an June 1997 effective dale. No~a Ah~use Passed, Approved and City S I' Adopted the 3rd day of acre ary. _ __ June, 1997. Norma Anhouse, City Secretary. such publications being on the following dates: June 8, 1997 June 12, 1997 and a newspaper copy of which is hereto attached....~~.... . . -""" (. -" ...... " " '-.~ Sworn to and subscribed before me, this 17th day of June 97 A.D., 19 4~~.'" f+/~*>-'~'~"""\ RUTH AYERS i. ( "__t~-- ':. i NotIry PubOC,$1a1e oITeJaS \t~<.,,_.^_...<~j MjCOO1missK>nExplres12.21.19!ll .l\~':~~~ ~~ Notary Public, Guadalupe County, Texas County of Guadalupe PUBLISHER'S AFFIDAVIT. .~, Jr~ ~ ~ (q1,{,/5) ~ ~. lI/fp.J( I THE STATE OF TEXAS, Before me, the undersigned authority, on this date personally appeared L. A. REYNOLDS known to me, who, being by me duly sworn, on his oath deposes and says that he is the Advertising Director of The Seguin Gazette-Enterprise, a newspaper published in said county; that a copy of the within and fore- gOing AD was published in said newspaper 2 times before the return day named therein, June 6, 1997 AN orDINANCE An Ordinance calling a bond _;to be held in the City of Schertz, Texas; making provision for the conduct of the ejection; resoMng other matters incident and related ~o such election; and provid~ '09 an effective date. Approved on first reading May 28th, 1997. Norma Atthouse City Secretary , -~-----~.- r : -,I NotIces such publications being on the following dates: June 12, 1997 "N ORDINANCE An Ordinance calling a bond election to be held in the City of ~~ertz, Texas; making proVIsion for the conduct of the election; resolving other matters incident and related ~o such election; aoLl Provid- ,ng an effective date. Approved on first reading May 28th, 1997. Norma Althouse, City Secretary and a newspaper copy of which is hereto attached. ') <..::::: Sworn to and subsc'nbed before me, this 20th day of June A.D., 19 97 Notary Public, Guadalupe County, Texas