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2010R71 - Canvass November 2, 2010RESOLUTION NO. 10-R-71 A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A BOND ELECTION; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, on August 10, 2010, the City Council (the City Council of the City of Schertz, Texas (the City) ordered an election to be held on November 2, 2010, for the purpose of determining whether the resident, qualified electors of the City would authorize the issuance of general obligation bonds by the City; and WHEREAS, the City Council has reviewed and investigated all matters pertaining to this election, including the ordering, notices, election officers, holding, and returns thereof; and WHEREAS, the City Council hereby canvasses the returns of this election, at which there were submitted to all resident, qualified electors of the City for their action thereupon, the following propositions: PROPOSITION NO. 1 "Shall the City Council of the City of Schertz, Texas be authorized to issue and sell one or snore 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 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 maxi>num 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 restrooln 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 90221671.2 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. 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?" 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 ilnprove>nents, 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 lnay 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 tine 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 90221671.2 -2- 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 snore 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 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?" and WHEREAS, the City Council has diligently inquired into the poll lists and the official election returns which were duly and lawfully made to this City Council by the judges and clerks holding and conducting the election; the poll lists and the official election returns showing separately the votes cast in the election; and WHEREAS, from these returns, this City Council hereby finds that the following votes were cast in the election by voters who were resident, qualified electors of the City; 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". 9ozz ~ 6~ ~.z -3- For Against Election Day Votes 1751 1135 Provisional Votes 0 0 Early Votes 2611 2407 TOTAL 4362 3542 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". For Against Election Day Votes 1702 1157 Provisional Votes 0 0 Early Votes 2477 2519 TOTAL 4179 3,676 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". For Against Election Day Votes 1841 1022 Provisional Votes 0 0 Early Votes 3070 1930 TOTAL 4,911 2,952 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 9022 ~ 6~ i.z -4- 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 THE ACQUISITION OF ANY NECESSARY REAL PROPERTY THEREFOR". For Against Election Day Votes 1700 1157 Provisional Votes 0 0 Early Votes 2668 2319 TOTAL 4,368 3,476 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". For Against Election Day Votes 1217 1631 Provisional Votes 0 0 Early Votes 1662 3317 TOTAL 2,879 4,948 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". For A_ ag inst Election Day Votes 1084 1752 Provisional Votes 0 0 Early Votes 1576 3390 TOTAL 2,660 5,142 90221671.2 -5- NOW, THEREFORE, IT IS ACCORDINGLY FOUND, DECLARED, AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT: SECTION 1: The City Council of the City officially finds, determines, and declares that the election was duly and properly ordered, that proper legal notice of such election was duly given in the English language and the Spanish language, that proper election officers were duly appointed prior to the election, that the election was duly and legally held, that all resident, qualified electors of the City were permitted to vote at the election, that due returns of the results of the election had been made and delivered, and that the City Council of the City has duly canvassed such returns, all in accordance with the laws of the State of Texas and of the United States of America and the ordinance calling the election. SECTION 2: A MAJORITY of the resident, qualified voters of the City of Schertz, Texas, voting in such election, having voted FOR the authorization and issuance of $6,625,000 of general obligation bonds and the levy and pledge of the tax in payment thereof as provided in Proposition No. 1, the City Council hereby finds and determines that Proposition No. 1 carried at the election, that the election was duly called, that proper notice was given, and that the election was held in all aspects in conformity with the law, and that the City Council is hereby accordingly authorized to issue the general obligation bonds and to levy the tax in accordance with the authority granted in Proposition No. 1 and with law. SECTION 3: A MAJORITY of the resident, qualified voters of the City of Schertz, Texas, voting in such election, having voted FOR the authorization and issuance of $6,000,000 of general obligation bonds and the levy and pledge of the tax in payment thereof as provided in Proposition No. 2, the City Council hereby finds and determines that Proposition No. 2 carried at the election, that the election was duly called, that proper notice was given, and that the election was held in all aspects in conformity with the law, and that the City Council is hereby accordingly authorized to issue the general obligation bonds and to levy the tax in accordance with the authority granted in Proposition No. 2 and with law. SECTION 4: A MAJORITY of the resident, qualified voters of the City of Schertz, Texas, voting in such election, having voted FOR the authorization and issuance of $2,250,000 of general obligation bonds and the levy and pledge of the tax in pa}nnent thereof as provided in Proposition No. 3, the City Council hereby finds and determines that Proposition No. 3 carried at the election, that the election was duly called, that proper notice was given, and that the election was held in all aspects in conformity with the law, and that the City Council is hereby accordingly authorized to issue the general obligation bonds and to levy the tax in accordance with the authority granted in Proposition No. 3 and with law. SECTION 5: A MAJORITY of the resident, qualified voters of the City of Schertz, Texas, voting in such election, having voted FOR the authorization and issuance of $1,000,000 of general obligation bonds and the levy and pledge of the tax in payment thereof as provided in Proposition No. 4, the City Council hereby finds and determines that Proposition No. 4 carried at the election, that the election was duly called, that proper notice was given, and that the election was held in all aspects in conformity with the law, and that the City Council is hereby accordingly authorized to issue the general obligation bonds and to levy the tax in accordance with the authority granted in Proposition No. 4 and with law. SECTION 6: A MAJORITY of the resident, qualified voters of the City of Schertz, Texas, voting in such election, having voted AGAINST the authorization and issuance of $1,450,000 of general obligation bonds and the levy and pledge of the tax in payment thereof as provided in Proposition No. 5, the City Council hereby finds and determines that Proposition No. 5 failed at the election, that the election 90221671.2 -6- was duly called, that proper notice was given, and that the election was held in all aspects in conformity with the law. SECTION 7: A MAJORITY of the resident, qualified voters of the City of Schertz, Texas, voting in such election, having voted AGAINST the authorization and issuance of $5,100,000 of general obligation bonds and the levy and pledge of the tax in payment thereof as provided in Proposition No. 6, the City Council hereby finds and determines that Proposition No. 6 failed at the election, that the election was duly called, that proper notice was given, and that the election was held in all aspects in conformity with the law. 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 Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 9: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 10: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 11: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 12: It is officially found, deternined, and declared that the meeting at which this Resolution 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 Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 13: This Resolution shall be in force and effect from and after its final passage and it is so resolved. ~ ~ ~ 90221671.2 -7' PASSED, ADOPTED AND APPROVED this, the~~day of November, 2010. CITY OF S HERT TEXAS ayor ATTEST: City Secretary (CITY SEAL) 90221671.2 -8-