Loading...
HomeMy WebLinkAbout1998-2343 - Ordinance - 09/08/1998 CERTIFICATE FOR ORDINANCE 2343 We, the undersigned Mayor and City Secretary of the City of College Station, Texas (the "City"), hereby certify as follows: 1. The City Council of the City (the "Council") convened in special session, open to the public, on September 3, 1998, at the meeting placed designated in the notice (the "Meeting") and the roll was called of the members, to wit: Lynn McIlhaney, Mayor, and the following City Councilmembers: David I-Iickson, Steve Esmond, Swiki Anderson, Anne Hazen, Ron Silvia, Larry Mariott. All members of the Council were present, constituting a quorum. Whereupon among other business, the following was transacted at the Meeting a written ordinance entitled: ORDINANCE ORDERING A BOND ELECTION; FIXING THE TIME, PLACE, AND MANNER FOR HOLDING THE ELECTION; ESTABLISHING POLLING PLACES; AND, AUTHORIZING THE MAYOR TO SIGN AN OFFICIAL ORDER OF ELECTION. (The "Ordinance") was duly introduced for the consideration of the Council and read in full. It was then duly moved and seconded that the Ordinance be finally passed and adopted; and after due discussion, such motion, carrying with it the adoption of the Ordinance prevailed and carried by the following vote: YES: 7 NOES: 0 ABSTENTIONS: 0 2. A true, full, and correct copy of the Ordinance adopted at the Meeting is attached to and follows this Certificate; the Ordinance has been duly recorded in the Council's minutes of the Meeting; the above and foregoing paragraph is a true, fully, and correct excerpt from the Council's minutes of the Meeting pertaining to the adoption of the Ordinance; the persons named in the above and foregoing paragraph are duly chosen, qualified, and acting officers and members of the Council as indicated therein; each of the officers and members of the Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Ordinance would be introduced and considered for adoption at the Meeting and each of such officers and members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Chapter 551, Texas Government Code. 3. Connie Hooks is the duly appointed and acting City Secretary of the City. /'~ SIGhtED AND SEALED THIS September.3, 1998. 1J~ty :5ecret. ary May'orr City ofCo!le, ge Station, Texas City of College Station, Texas NOTICE OF ELECTION TO THE RESIDENT, QUALIFIED ELECTORS OF THE CITY OF COLLEGE STATION, TEXAS: TAKE NOTICE that an election will be held m the City. of College Station, Texas as prowded tn ORDINANCE NO. 2343, AN ORDINANCE ORDERING A BOND ELECTION; FIXING THE TIME, PLACE, AND MANNER FOR HOLDING THE ELECTION, ESTABLISHING POLLING PLACES; AND, AUTHORIZING THE MAYOR TO SIGN AN OFFICL*L ORDER OF ELECTION, duly passed by the C"'ity Council of said City which Ordinance ts substantially as follows' ORDINANCE NO. 2343 AN ORDINANCE ORDERING A BOND ELECTION; FLXING THE TIME, PLACE, AND MANN'ER FOR HOLDING THE ELECTION, ESTABLISHING POLLING PLACES; AND, AUTHORIZING THE MAYOR TO SIGN AN OFFICL-~L ORDER OF ELECTION WHEREAS, the City Council of. the City of' College Station, Texas (the "City"), deems it advisable to call the election herema£ter ordered; and " BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS THAT: Section 1. An election shall be held on November 3, 1998, m the City, which date is 45 or more days from the date of. this ordinance, at which election the following propositions shall be subrmtted in accordance with law: PROPOSITION I SHALL THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS BE AUTHORIZED TO ISSUE BONDS OF SAID CITY, IN ONE OR MORE SERIES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $8,539,000, NLATI. JRI'NG ON A DATE NOT MORE THAN 30 YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT A RATE OR RATES NOT TO EXCEED THE MAX. IMUM AUTHORIZED BY LAW AT THE TIME OR TIMES SUCH BONDS ARE ISSUED, AND BEING SOLD AT SUCH PRICES, ALL AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF IvL~KING STREET IMPROVEMENTS, INCLUDING, BUT NOT LIMITED TO, CONSTRUCTION, OVERSIZE PARTICIPATION, RIGHT-OF-WAY ACQUISITION, AND REHABILITATION OF COLLECTORS, AND SFL~LL THE CITY COUNCIL BE AUTHORIZED TO LEVY AND CAUSE TO BE ASSESSED AND COLLECTED ANNUAL AD VALOREM TAXES ON ALL TAXABLE PROPERTY IN THE CITY IN AN AMOUNT SUFFICIENT TO PAY THE ANNUAL INTEREST ON SAID BONDS AND PROVIDE A SINKING FUND TO PAY SAID BONDS AT MATURiT\'? PROPOSITION 2 StLa, LL THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS BE AUTHORIZED TO ISSUE BONDS OF SAID CITY, IN ONE OR MORE SERIES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,980,000, MATURD,,'G ON A DATE NOT MORE TI-L&N 30 YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT A RATE OR IL&TES NOT TO EXCEED THE NtAXIMUM AUTHORIZED BY LAW AT THE TIME OR TIMES SUCH BONDS ARE ISSUED, AND BEING SOLD AT SUCH PRICES, ALL AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF MAKING TRAFFIC MANAGEMENT ENHANCEMENTS, INCLUDING, BUT NOT LIMITED TO TRAFFIC SIGNALS ADDITIONS, CONSTRUCTION, AND ENHANCEMENT AND FOR TRAFFIC ~La. NAGEMENT ENHANCEMENT CONSTRUCTION, AND SHALL THE CITY COUNCIL BE AUTHORIZED TO LEVY AND CAUSE TO BE ASSESSED AND COLLECTED ANNUAL AD VALOREM TAXES ON ALL TAXABLE PROPERTY IN THE CITY IN AN AMOUNT SUFFICIENT TO PAY THE ANNUAL INTEREST ON SAID BONDS AND PROVIDE A SINKING FUND TO PAY SAID BONDS AT .MATURITY'~ Ordinance No. £343 PROPOSITION 3 SHALL THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS BE AUTHORIZED TO ISSUE BONDS OF SAID CITY, IN ONE OR MORE SERIES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $2,477,000, M~'IMRING ON A DATE NOT MORE THAN 30 YEARS FRObl THEIR DATE OR DATES, BEARING INTEREST AT A RATE OR RATES NOT TO EXCEED THE MAXIMUM AUTHORIZED BY LAW AT THE TIME OR TIMES SUCH BONDS ARE ISSUED, AND BEING SOLD AT SUCH PRICES, ALL AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF PROVIDING FIRE FACILITIES, INCLUDING, BUT NOT LIMITED TO, EXPANSION OF AN EXISTING FIRE STATION AND ACQUISITION OF LAND FOR AND CONSTRUCTION OF A NEW FIRE STATION, AND SHALL THE CITY COUNCIL BE AUTHORIZED TO LEVY AND CAUSE TO BE ASSESSED AND COLLECTED ANNUAL AD VALOREM TAXES ON ALL TAXABLE PROPERTY IN THE CITY IN AN AMOUNT SUFFICIENT TO PAY THE ANNUAL INTEREST ON SAID BONDS AND PROVIDE A SInG FUND TO PAY SAID BONDS AT MATL%UTY? PROPOSITION 4 SHALL THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS BE AUTHORIZED TO ISSUE BONq3S OF SAID CITY, IN ONE OR MORE SERIES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,835,000, MATUR. ING ON A DATE NOT MORE THAN 30 YEARS FROM THEIR DATE OR DATES. BEARING INTEREST AT A RATE OR RATES NOT TO EXCEED THE MAXIMUM AUTHORIZED BY LAW AT THE TIME OR TIMES SUCH BONDS ARE ISSUED, AND BEING SOLD AT SUCH PRICES, ALL AS SHALL BE DETERblINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF LAND ACQUISITIONS FOR A FUTUKE CITY CENTER SITE AND A FUTURE CITY CEMETERY, AND S[-b\LL TIlE CITY COUNCIL BE AUTHORIZED TO LEVY AND CAUSE TO BE ASSESSED AND COLLECTED AN.'NUAL AD VALOREM TAXES ON ALL TAXABLE PROPER'Pt' IN THE CITY IN AN AMOUNT SUFFICIENT TO PAY THE ANNUAL INTEREST ON SAID BONDS AND PROVIDE A SINKING FUND TO PAY SAID BONDS AT PROPOSITION 5 SHALL THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS BE AUTHORIZED TO ISSUE BON"DS OF SAID CITY, IN ONE OR MORE SERIES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $4,769.000, MATURING ON A DATE NOT MORE THAN 30 YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT A RATE OR RATES NOT TO EXCEED THE MAXIMUM AUTHORIZED BY LAW AT THE TIME OR TIMES SUCH BONDS ARE ISSUED, AND BEING SOLD AT SUCH PRICES, ALL AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF PARK IMPROVEMENTS, INCLUDING, BUT NOT LIMITED TO, DEVELOPMENT AND IMPROVEMENT OF EXISTING NEIGHBORHOOD PARKS, MAINTENANCE FACILITIES, POOL IMPROVE*lENTS, IMPROVEMENT OF COMMUNITY PARKS. ACQUISITION OF LAND FOR A FUTURE COMMUNITY PARK, AND DEVELOPMENT AND IMPROVEMENTS TO EXISTING ATHLETIC PARKS, AND SHALL THE CI'D{ COUNCIL BE AUTHORIZED TO LEVY AND CAUSE TO BE ASSESSED AND COLLECTED ANNUAL AD VALOREM TAXES ON ALL TAXABLE PROPERTY IN THE CITY IN AN AMOUNT SUFFICIENT TO PAY THE ANNUAL INTEREST ON SAID BONDS AND PROVIDE A SINKING FUND TO PAY SAID BONDS AT MATURITT? Ordinance No. PROPOSITION 6 SHALL THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS BE AUTHORIZED TO ISSUE BONDS OF SAID CITY, IN ONE OR MORE SERIES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $3,640,000, MATURING ON A DATE NOT MORE THAN 30 YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT A RATE OR RATES NOT TO EXCEED THE MAXIMLrM AUTHORIZED BY LAW AT THE TIME OR TIMES SUCH BONDS ARE ISSUED, AND BEING SOLD AT SUCH PRICES, ALL AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF DRAINAGE IMPROVEMENTS, TO-WIT' ACQUISITION OF LAND FOR DRAINAGE CONTROL AND GREENBELT PURPOSES, AND SHALL THE CITY COUNCIL BE AUTHORIZED TO LEVY AND CAUSE TO BE ASSESSED AND COLLECTED ANNUAL AD VALOREM TAXES ON ALL TAXABLE PROPERTY IN THE CITY IN AN AMOUNT SUFFICIENT TO PAY THE ANNUAL INTEREST ON SAID BONDS AND PROVIDE A SINKING FUND TO PAY SAID BONDS AT MATURITY? Section 2. The official ballots for sand election shall be prepared m accordance with the Texas Election Code, so as to permit the electors to vote "For" or "Against" the aforesaid proposit:ons, which shall be set forth substantially as follo~,s PROPOSITION 1 THE ISSUANCE OF $8,539,000 STREET IMPROVEMENT BONDS. PROPOSITION 2 THE ISSUANCE OF S2,980,000 TRAFFIC MANAGEMENT ENHANCEMENT BONDS. PROPOSITION 3 THE ISSUANCE OF $2,477,000 FIRE FACILITIES BONDS. PROPOSITION 4 THE ISSUANCE OF $1,835,000 LAND ACQUISITION BONDS. PROPOSITION 5 THE ISSUANCE OF $4,769,000 PARK IMPROVEMEN'T BONDS. PROPOSITION 6 THE ISSUANCE OF S3,640,000 DRAINAGE AND GREENBELT IMPROVEMENT BONDS Section 3. Voting shall take place on elecuon day betx,,een the hours of 7.00 A.M and 7:00 P.M. at the regular ~ oung precincts and at the polling places, as set tbrth tn Exhibit "A" attached hereto and made a part hereof as ifcop~ed m Ordinance No. Sectxon 4. The Presiding Judge of each prectnct shall appomt not less than two qualified election clerks to serve and asstst in conducting said election: provtded, however, that ,f the Presldtng Judge actually sen'es as expected, the Ahemate Presiding Judge shall be one of such clerks. Section 5. Early voting shall be conducted by personal appearance and by mail or other lawful means. There shall be five early voting places, to-wit: Brazos Count3' Courthouse at 300 E. 26th Street, Bryan, Texas; the Gahlee Baptist Church at 804 North Logan, Bryan, Texas, Arena Hall, 2904 Tabor Road, Bryan, Texas; College Station Independent School District Adrmnistration Building A, 1812 Welsh Street, College Station, Texas; and Texas A&M ,Memorial Student Center, Texas A&M University Campt, s, College Station, Texas. The early voting clerks shall be appointed and designated by the Brazos County Clerk in accordance with the elecnon serv,ce contract between the C~ty and Brazos County. The hours designated for early voting by personal appearance shall be on October 19 through 23, 1998, begmning at 8:00 a.m. to 5:00 p.m.; Saturday, October 24, 1998 beginning at 8:00 a.m. to 8:00 p.m.; Sunday, October 25, 1998 beginning at 10:00 a.m. to 3.00 p.m.; and October 26 through 30, 1998, 8:00 a.m. to 8:00 p.m. The early ~ otmg clerk for sa~d election shall be Mary Ann Ward, Brazos County Clerk. Early voting by mail shall be to Brazos County Courthouse, Arm: Mary Ann Ward, 300 East 26th, Bryan, TX 77803. Sect,on 6. An early ballot board is hereby created to process early votmg results. Ceha Goode Haddock ~s hereby appointed the presiding judge and she shall appoint an alternate and clerks to assist her in accordance w~th the elecnon serv:ces contract between the City and Brazos Coun .ry. Section 7. The Brazos Center, Bryan, Texas, is hereby establ,shed as the Central Counting Statxon to receive ballots for satd election, the ballots to be tabulated and returned to the Office of the County Clerk. The data processing personnel from Brazos Count3' are hereby authorized and approved as persons employed and designated to handle the ballots, operate the tabulating equipment, and count the ballots. Secnon 8. All resident, quahfied electors of the Cl['y shall be entitled to vote at said election. Section 9. In all respects sa~d electxon shall be conducted In accordance with the Texas Elect,on Code Sect,on 10. Notice of said election shall be g~en by posung a not~ce contatning a substantial copy of this Ordinance at the Cxty Hall and at least three other public places m the City not less than 21 days prior to the date upon ~ h,ch sa~d election is to be held, and by publication of said nonce m the Bo'an-College Station Eagle, a newspaper of general circulation published in the City, on the same day m each of two success,ye ~veeks, the date of the first publ,cat,on to be not later than October 19, 1998, which date is not less than 14 days prior to the date set for elect,on. A substannal copy of this Ordinance shall serve as proper nonce of the election. Add,tionally, this notice shall be posted on the bulletin board used for posting notices of City meetings not later than 21 days prior to elecnon day. Section 1 I. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of th,s Ordinance, for it is the definite intent of the City Council that every section, paragraph, subd,v~sion, clause, phrase, word, or provision hereof be gIven full force and effect for its purpose Election Precinct No. 2 8 9 10 20 21 24 27,75 28,58.59,71,73,83 29,62,64 31 32 EXHIBIT Name and Address of Precinct Wellborn Water Supply Corporation 4118 Greens Prairie Road West South Knoll Elementaw School 1220 Boswell College Station Conference Center 1300 George Bush Drive Colllege Station Municipal Court 2611 S. Texas Avenue Memorial Student Center, TAMU A&M Methodist Church 417 University Drive College Hills Elementary School 1101 Williams Bright Light Baptist Church 11234 State Highway 30 Holy Cross Lutheran Church 1200 Foxfire Drive Brushy Community Center SH 60 and Old Jones Road A&M Church of Christ 1001 FM 2818 East Friends Congregational Church 2200 Southwood Drive 09/04/98 FRI 11:18 [TX/RX NO 5179] ~00] Election Precincts 33 34 35 39 4O 61 Page 2 Lincoln Center 1000 Eleanor College Station City Hall 1101 Texas Avenu6' CSISD Administration Building Rock Prairie Elementary School 3400 Welsh Aldersgate Methodist Church 2201 East Hwy 6 Bypass A&M Presbyterian Church 301 Church Street 09/04/98 FEI It:J8 [TX/EX NO 5Z79J ~002 INTERLOCAL GOVERNMENT AGREEMENT This agreement, made this 3rd day of September, 1998 by and between the CITY OF COLLEGE STATION and BRAZOS COUNTY. WHEREAS, the County will conduct a general election on Tuesday, November 3, 1998; and, WHEREAS, the City of College Station has ordered a special election to be held Tuesday, November 3, 1998 for the purpose of issuing bonds on various capital improvement projects; and WHEREAS, Section 271.002(b) of the Texas Election Code authorizes more than one political subdivision to enter into an agreement to hold elections jointly; and WHEREAS, BRAZOS COUNTY and the CITY OF COLLEGE STATION will hold elections on the same day; and WHEREAS, the parties to this agreement desire that a joint election be held that is cost effective and convenient to the citizens of Brazos County and College Station; NOW THEREFORE BE IT RESOLVED that a joint election be held by BRAZOS COUNTY, TEXAS and the CITY OF COLLEGE STATION under the following terms and conditions, and the parties herewith agree with said conditions: That there shall be one ballot that contains all appropriate offices and bond propositions. I1. That there shall be one set of ballot boxes to be used at the common polling places. II1. That election forms used and records maintained be combined in a manner convenient and adequate to record and report the results of the election for BRAZOS COUNTY, and the CITY OF COLLEGE STATION. City/Council Election Agreement 98 Page 2 IV. VI. VII. That the tabulation of the precinct results shall be in a manner to facilitate the canvass of the returns by the Brazos County Commissioners Court and the City of College Station, independently. That the City of College Station shall be responsible for the Spanish translation of all city related propositions. That the implementation and actual management of the joint election shall be with BRAZOS COUNTY with assistance from the College Station City Secretary and staff. The implementation and management of the election shall include the following: A. The securing of qualified individuals to serve as election judges for each polling place within the voting precinct. B. The securing of the location and facilities where election is to be located. C. The securing of the official ballots, election materials and supplies requisite to the proper administration of elections under the Texas Election Code. D. Securing of a contract for election services and supplies which includes assistance at central counting. E. COUNTY to be responsible for conducting early voting at the Brazos County Courthouse, Galilee Baptist Church, Arena Hall, College Station Independent School Administration Building and Memorial Student Center on Texas A&M Campus. The amount to be paid by the CITY OF COLLEGE STATION to BRAZOS COUNTY for services rendered by said County in the General Election to be held on Tuesday, November 3, 1998 is: A. BRAZOS COUNTY will pay all cost in total. City/County Election Agreement 98 Page 3 B. The CITY OF COLLEGE STATION will reimburse BRAZES COUNTY for certain costs in accordance with the following schedule. 1. 30 percent of all costs incurred for polling places located in the City of College Station. 30 percent of compensation paid to Judges, Clerks, services, and supplies at all polling places in the City of College Station, including all five early voting locations. 3. 30 percent of the cost of publication of all required notices. 4. 30 percent of costs of Early Ballot Board and Central Counting Station. Co The CITY OF COLLEGE STATION shall be responsible for the submission of appropriate documents to the Attorney General, Civil Rights Division, Voting Section, Department of Justice, in Washington, D.C. to pursue preclearance of the election. BE IT FURTHER RESOLVED that the entities of Brazes County and the City of College Station agree to conduct a joint election for the convenience of Brazes County voters on November 3, 1998. APPROVED this ~' - day of September, 1998. BRAZES COUNTY, TEXAS AIv~r-WYJone ,~-~ounty Judge A t: Mary An~" ~/ard ' Brazes County Clerk CITY OF COLLEGE STATION Lynn I[/Icllhaney, Mayor ~ Connio Hooks City Secretary APPROVED AS TO FORM Harvey (~-r~ill, Jrg:~>~rney