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1997R12- BOND ELECTION '. '. " . . RESOLUTION NO. 97-R-12 A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULTS OF A BOND ELECTION; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, on June 3,1997, the.city Council (the City Council) ofthe City of Schertz, Texas (the City) ordered an election to be held on August 9, 1997, 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 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 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 (f'lXed, 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 0276101 , . 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?" 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 0276101 -2- '. 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 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.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?" 0276101 -3- '. 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?" 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 0276101 -4- . and , 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 (llXed, 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?" 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; 0276101 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." For A!ffiinst Election Day 770 289 Early Votes 185 115 TOTAL 955 404 -5- 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." For Ag-ainst E1 ecti on Day 797 258 Early Votes 190 109 TOTAL 987 367 PROPOSITION NO.3 "THE ISSUANCE OF $1,012,330 OF GENERAL OBLIGATION BONDS TO CONSTRUCT AND EQUIP AN EMERGENCY MEDICAL SERVICES ("EMS") FACILITY." Election Day 773 A~inst 274 For Early Votes 190 103 TOTAL 963 377 PROPOSITION NO.4 "THE ISSUANCE OF $240,920 OF GENERAL OBLIGATION BONDS TO CONSTRUCT AND EQUIP THE TOWN CENTER/MUSEUM FACILITY." For A!minst ----- ------------- Election Day 276 768 Early Votes 66 230 TOTAL 342 998 0216101 -6- PROPOSITION NO.5 "THE ISSUANCE OF $80,000 OF GENERAL OBLIGATION BONDS TO CONSTRUCT IMPROVEMENTS TO THE CITY'S LIBRARY." For AlZainst Election Day 560 493 Early Votes 147 707 147 640 TOTAL PROPOSITION NO.6 "THE ISSUANCE OF $454,810 OF GENERAL OBLIGATION BONDS TO CONSTRUCT IMPROVEMENTS TO THE SCHERTZ COMMUNITY CENTER." For Election Day 404 A!!"ainst 649 Early Votes 102 193 842 TOTAL 506 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." 0276101 -7- 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." For Alrainst Election Day 461 590 Early Votes 103 195 TOTAL 564 785 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." For Alrainst El ecti on Day 378 671 Early Votes 95 199 TOTAL 473 870 PROPOSITION NO. 10 "THE ISSUANCE OF $510,385 OF GENERAL OBLIGATION BONDS TO CONSTRUCT AND EQUIP PARK FACILITIES, INCLUDING IMPROVEMENTS TO EXISTING PARKS." For Alrainst Election Day 441 610 Early Votes 115 183 793, TOTAL 556 0276101 -8- PROPOSITION NO, 11 "THE ISSUANCE OF $928,870 OF GENERAL OBLIGATION BONDS TO CONSTRUCT AND EQUIP PARK FACILITIES, INCLUDING IMPROVEMENTS TO EXISTING BALLFIELDS," For Al!'ainst Election Day Early Votes 120 556 179 503 TOTAL 623 735 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 resolution calling the election. SECTION 2. A MAJORITY of the resident, qualified electors of the City of Schertz, Texas, voting in the election, having voted FOR the authorization and issuance of $1,868,755 of bonds and the levy of the tax in payment thereof as provided in Proposition No.1, the City Council of the City hereby determines that Proposition No.1 carried at the election, that the election was duly called, proper notice 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 and sell the bonds in accordance with the authority granted in Proposition No.1 and with law. SECTION 3. A MAJORITY of the resident, qualified electors of the City of Schertz, Texas, voting in the election, having voted FOR the authorization and issuance of $1,969,840 of bonds and the levy of the tax in payment thereof as provided in Proposition No.2, the City Council of the City hereby determines that Proposition No.2 carried at the election, that the election was duly called, proper notice 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 and sell the bonds in accordance with the authority granted in Proposition No.2 and with law. SECTION 4. A MAJORITY of the resident, qualified electors of the City of Schertz, Texas, voting in the election, having voted FOR the authorization and 0276101 -9- issuance of $1,012,330 of bonds and the levy of the tax in payment thereof as provided in Proposition No.3, the City Council of the City hereby determines that Proposition No.3 carried at the election, that the election was duly called, proper notice 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 and sell the bonds in accordance with the authority granted in Proposition No.3 and with law. SECTION 5. A MAJORITY of the resident, qualified electors of the City of Schertz, Texas, voting in the election, having voted AGAINST the authorization and issuance of $240,920 of bonds and the levy of the tax in payment thereof as provided in Proposition No.4, the City Council of the City hereby determines that Proposition No.4 failed at the election, that the election was duly called, proper notice given, and that the election was held in all aspects in conformity with the law. SECTION 6. A MAJORITY of the resident, qualified electors of the City of Schertz, Texas, voting in the election, having voted FOR the authorization and issuance of $80,000 of bonds and the levy of the tax in payment thereof as provided in Proposition No.5, the City Council of the City hereby determines that Proposition No. 5 carried at the election, that the election was duly called, proper notice 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 and sell the bonds in accordance with the authority granted in Proposition No.5 and with law. SECTION 7. A MAJORITY of the resident, qualified electors of the City of Schertz, Texas, voting in the election, having voted AGAINST the authorization and issuance of $454,810 of bonds and the levy of the tax in payment thereof as provided in Proposition No.6, the City Council of the City hereby determines that Proposition No.6 failed at the election, that the election was duly called, proper notice given, and that the election was held in all aspects in conformity with the law. SECTION 8. A MAJORITY of the resident, qualified electors of the City of Schertz, Texas, voting in the election, having voted AGAINST the authorization and issuance of $198,585 of bonds and the levy of the tax in payment thereof as provided in Proposition No.7, the City Council of the City hereby determines that Proposition No.7 failed at the election, that the election was duly called, proper notice given, and that the election was held in all aspects in conformity with the law. SECTION 9. A MAJORITY of the resident, qualified electors of the City of Schertz, Texas, voting in the election, having voted AGAINST the authorization and issuance of $1,129,090 of bonds and the levy of the tax in payment thereof as provided in Proposition No.8, the City Council of the City hereby determines that Proposition No.8 failed at the election, that the election was duly called, proper notice given, and that the election was held in all aspects in conformity with the law. SECTION 10. A MAJORITY of the resident, qualified electors of the City of Schertz, Texas, voting in the election, having voted AGAINST the authorization and issuance of $356,415 of bonds and the levy of the tax in payment thereof as provided in Proposition No.9, the City Council of the City hereby determines that Proposition 0276101 -10- , ' No.9 failed at the election, that the election was duly called, proper notice given, and that the election was held in all aspects in conformity with the law. SECTION 11. A MAJORITY of the resident, qualified electors of the City of Schertz, Texas, voting in the election, having voted AGAINST the authorization and issuance of $510,385 of bonds and the levy of the tax in payment thereof as provided in Proposition No. 10, the City Council of the City hereby determines that Proposition No. 10 failed at the election, that the election was duly called, proper notice given, and that the election was held in all aspects in conformity with the law. SECTION 12. A MAJORITY of the resident, qualified electors of the City of Schertz, Texas, voting in the election, having voted AGAINST the authorization and issuance of $928,870 of bonds and the levy of the tax in payment thereof as provided in Proposition No. 11, the City Council of the City hereby determines that Proposition No. 11 failed at the election, that the election was duly called, proper notice given, and that the election was held in all aspects in conformity with the law. SECTION 13. 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 14. 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 15. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 16. 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 17. It is officially found, determined, 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 18. This Resolution shall be in force and effect from and after its final passage and it is so resolved. 0276101 -11- I ,. ~ ,', ~. T .' . ,. PASSED, ADOPTED AND APPROVED this, the8!tday of August, 1997. \ Mayor ATTEST: ~~A~ ~AIJ..) City Secretary (CITY SEAL) -12- 0276101