15-E-23 - Calling a Bond ElectionORDINANCE NO. 15 -E -23
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 the Counties of Guadalupe, Comal and Bexar, Texas, hereby fords 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 Bexar County and Guadalupe County (collectively, the
County) by and through the respective County's Election Administrator (collectively, the Administrator)
to conduct all aspects of the Election; and
WHEREAS, the Election will be held jointly with other political subdivisions (such other
political subdivisions, collectively, the Participants) for whom the County is also conducting their
elections, as provided pursuant to the provisions of one or more joint election agreements or contracts
among the City, the County, and the Participants, entered into in accordance with the provisions of
Section 271.002, as amended, Texas Election Code, or other applicable law, pursuant to which the County
will conduct all aspects of the Election on the City's behalf, and
WHEREAS, the Council hereby fords 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 fmds and determines that the actions hereinbefore described are
in the best interests of the residents of the City; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT:
SECTION 1. The Election shall be held in the CITY OF SCHERTZ, TEXAS on the 3rd day of
November, 2015 (Election Day), which is a uniform election date under the Texas Election Code, as
amended, and is not less than 71 days nor more than 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 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 not more than $7,000,000 for the purpose of making permanent public improvements
or other public purposes, to wit: designing, acquiring, constructing, renovating,
improving, and equipping City street (primarily FM 1103 and FM 1518), curb, sidewalk,
and gutter improvements, demolition, repair, and rebuilding of new and existing streets,
82342696.11
completing necessary or incidental utility relocation and drainage in connection with the
foregoing and the purchase of land, easements, rights -of -way, and other real property
interests necessary therefor or incidental thereto, such bonds to mature serially or
otherwise (not more than forty (40)' years from their date) 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 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 not more than $8,000,000 for the purpose of making permanent public improvements
or other public purposes, to wit: acquiring, constructing, improving, renovating, and
equipping public safety facilities (to include a new fire station), acquiring lands and
rights -of -way necessary thereto, and completing related landscaping, such bonds to
mature serially or otherwise (not more than forty (40) years from their date) 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 ?"
SECTION 2. The City election precincts hereby established for the purpose of holding the
Election and the polling places hereby designated for holding the Election in the City election precincts
are identified in Exhibit A to this Ordinance, and this Exhibit A is hereby incorporated by reference into
this Ordinance for all purposes. At least 72 days prior to Election Day, the City, acting through the City
Manager, or the designee thereof, in coordination with the Administrator (or the Administrator's
designee), as necessary or desirable, will identify and formally approve the appointment of the Presiding
Judges, 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 locations and times agreed upon by the
Administrator, the City, and the Participants to the extent permitted by applicable law.
The Presiding Judge shall appoint not less than two resident qualified voters of the County to act
as clerks in order to properly conduct the Election. To the extent required by the Texas Election Code, as
amended, or other applicable law, the appointment of these clerks must 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 Election Day. If the Presiding Judge appointed actually serves, the Alternate Presiding
Judge shall serve as one of the clerks. In the absence of the Presiding Judge, the Alternate Presiding
Judge shall perform the duties of the Presiding Judge of the election precinct.
82342696.11 -2-
On Election Day, 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 hereby
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 main early voting
location 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/or temporary branch offices for early voting by personal appearance
may be established and maintained in accordance with the Texas Election Code. In the event such
permanent and/or temporary branch locations are established, information regarding the locations, dates,
and hours of operation for early voting at these offices shall be determined by the Administrator, as
identified in Exhibit B hereto.
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 the County to serve as members of the Early
Voting Ballot Board.
SECTION 3. Electronic voting machines may be used in holding and conducting the Election
on Election Day; provided, however, in the event the use of such electronic voting machines is not
practicable, the Election may be conducted on Election Day by the use of paper ballots (except as
otherwise provided in this section). Electronic voting machines or paper ballots may be used for early
voting by personal appearance (except as otherwise provided in this section). 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 laws of the State of Texas (the
State) and applicable federal laws establishing the requirement for voting systems that permit voters with
physical disabilities to cast a secret ballot. Any other legally - permissible voting methods may be used for
early voting and Election Day voting by personal appearance. Certain early voting may be conducted by
mail.
SECTION 4. 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 Administrator, or the
designee thereof, 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 Administrator, or
the Administrator's designee, as the Tabulation Supervisor and the Administrator, or the Administrator's
designee, as the Programmer for the Station. Lastly, the 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, as
amended.
SECTION 5. The official ballot 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:
82342696.11 -3-
PROPOSITION 1
"THE ISSUANCE OF NOT TO EXCEED $7,000,000 OF CITY OF SCHERTZ, TEXAS
GENERAL OBLIGATION BONDS FOR STREETS (PRIMARILY FM 1103 AND FM
1518), BRIDGES, AND SIDEWALK IMPROVEMENTS, AND THE LEVYING OF A
TAX IN PAYMENT THEREOF"
PROPOSITION 2
"THE ISSUANCE OF NOT TO EXCEED $8,000,000 OF CITY OF SCHERTZ, TEXAS
GENERAL OBLIGATION BONDS FOR PUBLIC SAFETY FACILITIES,
INCLUDING A NEW FIRE STATION, AND THE LEVYING OF A TAX IN
PAYMENT THEREOF"
SECTION 6. All resident qualified voters of the City shall be permitted to vote at the Election,
and on Election Day, 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, Chapters 1251
and 1331, 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 7. 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 (i) at three public places
within the City and at the City Hall not less than 21 days prior to Election Day, (ii) in a prominent
location at each polling place on Election Day and during early voting, and shall be published on the same
day in each of two successive weeks in a newspaper of general circulation in the City, the first of these
publications to appear in such newspaper not more than 30 days, and not less than 14 full days prior to
Election Day. In addition, during the 21 days prior to Election Day, the City shall, in a prominent
manner, maintain such notice on its internet website.
SECTION 8. As required by and in accordance with Section 3.009(b)(5) and (7) through (9) of
the Texas Election Code, added by the 83rd Texas Legislature, the City, as of its fiscal year beginning
October 1, 2014, had outstanding an aggregate principal amount of debt equal to $73,015,000; the
aggregate amount of the interest owed on such City debt obligations, through respective maturity, totaled
$23,253,729; and the City levied an ad valorem debt service tax rate for its outstanding debt obligations
of $0.1810 per $100 of taxable assessed valuation. The City estimates an ad valorem debt service tax rate
of $0.1810 per $100 of taxable assessed valuation if the bonds that are subject of the Election are
approved and are issued (taking into account the outstanding City bonds and bonds that are the subject of
this Election, but not future bond authorizations of the City). This is only an estimate provided for Texas
statutory compliance and does not serve as a cap on any City ad valorem debt service tax rate.
SECTION 9. The Council authorizes the City Manager, or the City Manager's designee, to
negotiate and enter into one or more joint election agreements or contracts with the County, through the
Administrator, and the Participants in accordance with the provisions of the Texas Election Code, as
amended, and as necessary or desired, to make such technical modifications to this Ordinance that are
necessary for compliance with applicable State or federal law or to carry out the intent of the Council, as
evidenced herein.
To the extent that any duty or obligation of the City, in general, or any City official, in particular,
is properly delegated to the County pursuant to a joint election agreement, then the County's carrying out
those duties and obligations on the City's behalf pursuant to the terms of such joint election agreement
82342696.11 -4-
shall be binding upon the City and are hereby determined by the Council to be evidence of the City's
compliance with the provisions of applicable Texas law concerning the Election relative to the same.
SECTION 10. 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 fmdings of the Council.
SECTION 11. 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 12. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
SECTION 13. 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 14. It is officially found, determined, and declared that the meeting at which this
Ordinance was 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 15. Pursuant to the provisions of Section 1201.028, as amended, Texas Government
Code, this Ordinance shall be effective immediately upon adoption.
82342696.11 -5-
FIRST READING on the 28b day of July, 2015.
SECOND READING, PASSED, AND ADOPTED on the 4h day of August, 2015.
CITY OF SCHERTZ, TEXAS
6� ---
Mayor
ATTEST:
i Secretary
(SEAL)
82342696.11 -6-
ELECTION PRECINCTS AND ELECTION DAY POLLING LOCATIONS FOR
COMAL AND GUADALUPE COUNTIES
Election Day: Tuesday, November 3, 2015
Election Day Polling Locations open from 7:00 a.m. to 7:00 p.m.
COMAL COUNTY:
Ray
202
John Paul II Catholic High School, 6720 FM 482, New Braunfels, Texas
301
Westside Community Center, 2932 So. IH 35, New Braunfels, Texas
GUADALUPE COUNTY:
4126
303
Schertz Elections Office, 1101 Elbel Rd., Schertz, Texas
304
Schertz United Methodist Church, 3460 Roy Richard Dr., Schertz, Texas
305
Selma City Hall, 9375 Corporate Dr., Selma, Texas
306
Crosspoint Fellowship Church, 2600 Roy Richard Drive, Schertz, Texas
401
Immaculate Conception Catholic Church, 212 N. Barnett St., Marion, Texas
402
Schertz Community Center, 1400 Schertz Parkway, Schertz, Texas
403
Knights of Columbus Hall, 509 Schertz Pkwy., Schertz, Texas
404
Schertz Community Center North, 3501 Morning Dr., Cibolo, Texas
409
Elaine S. Schlather Intermediate School, 230 Elaine S. Schlather Pkwy., Cibolo, Texas
ELECTION PRECINCTS AND ELECTION DAY POLLING LOCATIONS FOR
BEXAR COUNTY
Election Day: Tuesday, November 3, 2015
Election Day Polling Locations open from 7:00 a.m. to 7:00 p.m.
4087
Ray
D. Corbett Junior High
School, 12000
Ray
Corbett
Drive, Schertz, Texas
4126
Ray
D. Corbett Junior High
School, 12000
Ray
Corbett
Drive, Schertz, Texas
4127
Ray
D. Corbett Junior High
School, 12000
Ray
Corbett
Drive, Schertz, Texas
[The remainder of this page intentionally left blank.]
82342696.11 A -1
10.4ill
MAIN AND PERMANENT BRANCH
POLLING PLACES DATES AND TIMES IN COMAL AND GUADALUPE COUNTIES
Early voting begins Monday, October 19, 2015 and ends on Friday, October 30, 2015
Early Voting Clerk:
Early Voting Clerk's address
Lisa Adam
P.O. Box 1346
Seguin, Texas 78156 -1346
Presiding Judge of the Early Voting Ballot Board: Lisa Adam
Location, Dates & Hours of Main Early Voting Polling Place in
Comal and Guadalupe Counties
Seguin Elections Office
215 So. Milam Street
Seguin, Texas
Dates Times
Monday, October 19, 2015 through Friday, October 23, 2015 8:00 a.m. to 5:00 p.m.
Saturday, October 24, 2015 7:00 a.m. to 7:00 p.m.
Sunday, October 25, 2015 1:00 p.m. to 6:00 p.m.
Monday, October 26, 2015 through Friday, October 3 0, 2015 7:00 a.m. to 7:00 p.m.
Any voter who is entitled to vote an early ballot by personal appearance may do so at
the Main Early Voting Site.
Locations, Dates & Hours of Permanent Branch Early Voting Polling Places in
Comal and Guadalupe Counties
Grace Memorial Church 3240 FM725, New Braunfels, Texas
Central Texas Technology Center Room 118 Conference Room, 2189 FM 758, New Braunfels, Texas
Schertz Elections Office Annex 1101 Elbel Rd. Schertz, Texas
New Berlin City Hall 9180 FM 775, New Berlin, Texas
Dates Times
Monday, October 19, 2015 through Friday, October 23, 2015 8:00 a.m. to 5:00 p.m.
Saturday, October 24, 2015 7:00 a.m. to 7:00 p.m.
Sunday, October 25, 2015 1:00 p.m. to 6:00 p.m.
Monday, October 26, 2015 through Friday, October 30, 2015 7:00 a.m. to 7:00 p.m.
[The remainder of this page intentionally left hlank.]
82342696.11 B -1
MAIN AND PERMANENT BRANCH
POLLING PLACES DATES AND TIl4ES IN BEXAR COUNTY
Early voting begins Monday, October 19, 2015 and ends on Friday, October 30, 2015
Early Voting Clerk: Jacquelyn F. Callanen
Early Voting Clerk's address: 1103 S. Frio, Suite 100
San Antonio, Texas 78207 -6328
Presiding Judge of the Early Voting Ballot Board: Jacquelyn F. Callanen
Location, Dates & Hours of Main Early Voting Polling Place in Bexar County
Bexar County Elections Department
1103 S. Frio, Suite 100
San Antonio, Texas
Dates
Monday, October 19, 2015 through Friday, October 23, 2015
Saturday, October 24, 2015
Sunday, October 25, 2015
Monday, October 26, 2015 through Wednesday, October 28, 2015
Thursday, October 29, 2015 through Friday, October 30, 2015
Times
8:00 a.m. to 6:00 p.m.
10:00 a.m. to 6:00 p.m.
12:00 noon to 6:00 p.m.
8:00 a.m. to 6:00 p.m.
8:00 a.m. to 8:00 p.m.
Any voter who is entitled to vote an early ballot by personal appearance may do so at
the Main Early Voting Site.
[The remainder of this page intentionally left blank.]
82342696.11 B -2
Locations, Dates & Hours of Permanent Branch Early Voting Polling Places in Bexar County
Bexar County Justice Center***
3 00 Dolorosa
Blossom Athletic Center
12002 Jones Maltsberger
Brookhollow Library
530 Heimer Road
Castle Hills City Hall (southeast comer of Council Chambers)
209 Lemonwood Dr.
Claude Black Center
2805 East Commerce
Cody Library
11441 Vance Jackson
Converse City Hall
405 S. Seguin Rd
Copernicus Community Center
5003 Lord Rd.
East Central Independent School District Admin Building
6634 New Sulphur Springs Road
Encino Branch Library
2512 East Evans Rd
Fair Oaks Ranch City Hall (Council Chambers)
7286 Dietz Elkhorn
Great Northwest Library
9050 Wellwood
Helotes City Hall
12951 Bandera Rd.
Henry A. Guerra, Jr. Library
7978 W Military Drive
John Igo Library
13330 Kyle Seale Parkway
Johnston Library
6307 Sun Valley Drive
Julia Yates Semmes Library @ Comanche Lookout Park
15060 Judson Road
Las Palmas Library
515 Castroville Road
Leon Valley Library
6421 Evers Rd
Lion's Field
2809 Broadway
Maury Maverick, Jr. Library
8700 Mystic Park
McCreless Library
1023 Ada Street
Memorial Library
3222 Culebra
Mission Library
3134 Roosevelt Ave.
Northside Activity Center
7001 Culebra
Olmos City Hall
120 El Prado W
Parman Library @ Stone Oak
20735 Wilderness Oak
Precinct 1 Satellite Office
3505 Pleasanton Rd.
Shavano Park City Hall (Council Chambers)
900 Saddletree Ct
Somerset High School
7650 South 1604 West, Somerset
South Park Mall
2310 S.W. Military
Tobin Library @ Oakwell
4134 Harry Wurzbach
Universal City — City Hall
2150 Universal City Blvd.
Windcrest Takas Park Civic Center
9310 Jim Seal Dr.
Wonderland Mall Of The Americas @ Crossroads
4522 Fredericksburg
Dates Times
Monday, October 19, 2015 through Friday, October 23, 2015 8:00 a.m. to 6:00 p.m.
Saturday, October 24, 2015 10:00 a.m. to 6:00 p.m.
Sunday, October 25, 2015 12:00 noon to 6:00 p.m.
Monday, October 26, 2015 through Wednesday, October 28, 2015 8:00 a.m. to 6:00 p.m.
Thursday, October 29, 2015 through Friday, October 30, 2015 8:00 a.m. to 8:00 p.m.
* * * Early voting will not be conducted on Saturday or Sunday or
after 6:00 pm on weekdays at the Bexar County Courthouse.
[The remainder of this page intentionally left blank.]
82342696.11 B -3
EARLY VOTING BY MAIL.:
Applications for voting by mail should be mailed to be received no earlier than Friday, September 4, 2015
and no later than the close of business (4:30 p.m.) on Friday, October 23, 2015.
Applications should be mailed to:
Comal and Guadalupe Counties
Lisa Adam
Elections Administrator
P.O. Box 1346
Seguin, Texas 78156 -1346
Bexar County
Jacquelyn F. Callanen, Election Administrator
1103 S. Frio, Suite 100
San Antonio, Texas 78207 -6328
82342696.11 B -4