2006R08-Elections
. '
RESOLUTION NO. 06-R-08
A RESOLUTION CANVASSING THE RETURNS AND DECLARING
THE RESULTS OF A BOND ELECTION; AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, on February 21, 2006, the City Council (the City Council) of the City of
Schertz, Texas (the City) ordered an election to be held on May 13, 2006, 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 $6,000,000 for
the purpose of making permanent public improvements, or for other public
purposes, to wit: constructing and equipping a new library facility and the
purchase of land relating thereto; 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 $7,500,000 for
the purpose of making permanent public improvements, or for other public
purposes, to wit: constructing and equipping a new recreation center and the
purchase of land relating thereto; 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
45721237.1
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 $20,000,000
for the purpose of making permanent public improvements, or for other public
purposes, to wit: constructing street, curb, and sidewalk improvements (including
utility relocation) and drainage incidental thereto and the purchase of land relating
thereto; 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 thectime 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 $4,000,000 for
the purpose of making permanent public improvements, or for other public
purposes, to wit: constructing drainage improvements and the purchase of land
relating thereto; 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$1,500,000 for
the purpose of making permanent public improvements, or for other public
purposes, to wit: constructing and equipping new athletic fields and related
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
-2-
45721237.1
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
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 $6,000,000 OF GENERAL OBLIGATION BONDS TO
CONSTRUCT AND EQUIP A NEW LIBRARY AND THE PURCHASE OF
LAND RELATING THERETO."
Early Votes
Provisional Votes
Election Day Votes
TOTAL
For
q5~
o
g tf-~.
) /7 '-II
Against
~~Y1
o
:2'tJ..-
<:},1 '1
'i0L
PROPOSITION NO.2
"THE ISSUANCE OF $7,500,000 OF GENERAL OBLIGATION BONDS TO
CONSTRUCT AND EQUIP A NEW RECREATION CENTER AND THE
PURCHASE OF LAND RELATING THERETO."
For Against
Early Votes 111 )1/3
Provisional Votes ,,' 0
rJ
Election Day Votes togq -- 3"-
~ . .j
TOTAL J I +0 /p J1 3lf g
,
-3-
45721237.1
PROPOSITION NO.3
"THE ISSUANCE OF $20,000,000 OF GENERAL OBLIGATION BONDS TO
CONSTRUCT STREET, CURB, AND SIDEWALK IMPROVEMENTS AND
DRAINAGE INCIDENTAL THERETO AND THE PURCHASE OF LAND
RELATING THERETO."
For
Against
Early Votes
Provisional Votes
Election Day Votes
TOTAL
IlolJ-3
e)
gl]3.
I. ~f0
~
o
350
8L/-1f
PROPOSITION NO.4
"THE ISSUANCE OF $4,000,000 OF GENERAL OBLIGATION BONDS TO
CONSTRUCT DRAINAGE IMPROVEMENTS AND THE PURCHASE OF
LAND RELATING THERETO."
Early Votes
Provisional Votes
Election Day Votes
TOTAL
For
/1 o~3
o
ggs
1, 9~ g
Against
q-q S-
O
3+'0
23s
PROPOSITION NO.5
"THE ISSUANCE OF $1,500,000 OF GENERAL OBLIGATION BONDS TO
CONSTRUCT AND EQUIP NEW ATHLETIC FIELDS AND RELATED
FACILITIES."
For Against
Early Votes !og, &5"'7
Provisional Votes 0 0
Election Day Votes hf) .5 g:J-.
TOTAL II "3t~tv j /f31
,
NOW, THEREFORE, IT IS ACCORDINGL Y FOUND, DECLARED, AND
RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT:
-4-
45721237.1
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 $6,000,000
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, 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 $7,500,000
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, 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 $20,000,000
of general obligation bonds and the levy and pledge of the tax in payment 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, 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 $4,000,000
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, 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
$1,500,000 of general obligation bonds and the levy and pledge of the tax in payment thereof as
-5-
45721237.2
provided in Proposition No.5, the City Council hereby finds and determines that Proposition No.
5 failed at the election, that the election was duly called, that proper notice was given, that the
election was held in all aspects in conformity with the law.
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 Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
SECTION 8. 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 9. This Resolution 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 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 11. 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 12. This Resolution shall be in force and effect from and after its final passage
and it is so resolved.
[The remainder of this page intentionally left blank.)
-6-
45721237.2
,
PASSED, ADOPTED AND APPROVED this, the ((p=M day of May, 2006.
.'
"
,/
CITY OFjSJ'fERT~;,.?EXAS
.'. ///,/...... ////.... .... '
f,' i.", 'A/'e; ~
. ."-":""__"~" ..~.. 1'/ .I ....~"1)
\"_.//"./V~ ( / ?""L .~ -C:'l~,,_.
Mayor
ATTEST:
/\
, /)
\ -1 J.' l, \! ! ,,> .
,,; ~ Cl..,./! v., ed,c {L"j
t9ity Sec(~ary
(CITY SEAL)
-7-
45721237.1