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HomeMy WebLinkAbout2008-3100 - Ordinance - 08/20/2008ORDINANCE 3100 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, CALLING A BOND ELECTION TO BE HELD WITHIN SAID CITY; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; AND CONTAINING OTHER PROVISIONS INCIDENTAL THERETO. WHEREAS, the City Council (the "City Council ") of the City of College Station, Texas (the "City ") finds and determines that an election should forthwith be called and held in the City for the purpose of submitting certain propositions for the issuance of bonds for the purposes herein set forth; and WHEREAS, the City Council finds and declares that the meeting at which this Ordinance is considered is open to the public as required by law, and that public notice of the time, place and purpose of said meeting was given as required by Chapter 551, Texas Government Code; therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS THAT: Section 1. The statements contained in the preamble to this Ordinance are hereby adopted as findings of fact and as a part of the operative provisions hereof. Section 2. An election shall be held between the hours of 7:00 A.M. and 7:00 P.M. on November 4, 2008 in the City. The implementation and management of said election shall be by the Brazos County Clerk. The Brazos County Clerk is hereby designated as the Chief Election Official and Early Voting Clerk for said election. The implementation, conduct and management of said election shall include, but not be limited to: A. The securing of qualified individuals to serve as election judges for each polling place within a voting precinct. B. The securing of locations and facilities where the election is to be conducted. C. The securing of election materials and supplies requisite to the proper administration of the election, and the programming and preparation of Direct Recording voting equipment to be used in the election. D. The securing of a contract with Texas Voting Systems for election services and supplies. Section 3. The polling places for the election on election day, and the precincts for said election, as hereby designated as follows: Precinct Polling Place Location 2B Wellborn Community Center 4119 W. Greens Prairie Road 2C Wellborn Community Center 4119 W. Greens Prairie Road 8 Parkway Baptist Church 1501 _Southwest Parkway 9 College Station Conference Center 1300 George Bush Drive 10A College Station Utility Service Center 310 Krenek Tap Road 10B College Station Utility Service Center 310 Krenek Tap Road 20 Memorial Student Center A &M Campus 21 St. Mary's Catholic Church 603 Church Street 24 B /CS Convention and Visitors Bureau 715 University Drive East 31 Grace Bible Church — Southwood 1901 Harvey Mitchell Parkway 32 Larry I Ringer Library 1818 Harvey Mitchell Parkway 33 Lincoln Center 1000 Eleanor 34 College Station City Hall 1101 Texas Avenue 35A CSISD Administration Building 1812 Welsh 35B CSISD Administration Building 1812 Welsh 39 St. Francis Episcopal Church 1101 Rock Prairie Road 40 Aldersgate Methodist Church 2201 Earl Rudder Freeway 41 Christ United Methodist Church 4201 State Hwy 6 South 42 Christ United Methodist Church 4201 State Hwy 6 South 64 Mary Branch Elementary 2040 W. Villa Maria Bryan, Tx. 68 Peach Creek Community Center 2216 Peach Creek Road 72 Lincoln Center 1000 Eleanor 74 Lincoln Center 1000 Eleanor 80 Brazos Valley Bank 4030 Hwy 6 South Section 4. Early voting by personal appearance and mail. The period for early voting by personal appearance shall be October 20, 2008 through October 31, 2008 [NOTE: October 18 is the 17th day before election day; it is a Saturday]. Applications for early voting by mail shall be delivered to the Early Voting Clerk, no earlier than September 5, 2008, and no later than the close of business on October 28, 2008. The Early Voting Clerk for said election shall be the Brazos County Clerk. The Early Voting Clerk shall appoint employees and additional assistance by qualified individuals of the community to serve as deputy early voting clerks to assist the Early Voting Clerk at the early voting polling places. Early voting by personal appearance shall be conducted on the days and during the hours as follows: Early Voting Locations Brazos County Courthouse 300 E. 26' Street Suite 108 Bryan, Texas Arena Hall Tabor Road and N. Earl Rudder Freeway Bryan, Texas Galilee Baptist Church 804 N. Logan Bryan, Texas Grace Bible Church — Southwood 1901 Harvey Mitchell Pkwy College Station, Texas Memorial Student Center TAMU Campus College Station, Texas Early Voting Hours October 20 — October 24, 2008 8:00 am — 5:00 pm Monday — Friday October 25, 2008 8:00 am — 8:00 pm Saturday October 26, 2008 10:00 am — 3:00 pm October 27, 2008 — October 31, 2008 8:00 am — 8:00 pm Monday — Friday Section 5. The early voting ballots shall be canvassed by the Early Voting Ballot Board, which is hereby created. The Presiding Judge and the Alternate Election Judge of the Early Voting Ballot Board shall be selected by the political parties in Brazos County. Section 6. The method of voting in said election shall be by ballots that conform to the requirement of the Texas Election Code. Section 7. All resident, qualified electors of said City shall be entitled to vote at said election. Section 8. A substantial copy of this Ordinance shall serve as proper notice of the Election, which notice shall be given by posting substantial copies of this Ordinance in both English and Spanish on the bulletin board at the City Hall of the City used for the posting of notices of meetings of the City Council of the City and at three (3) other public places within the City not later than the twenty -first (21st) day prior to the date upon which the Election is to be held; and substantial copies of this Ordinance in both English and Spanish shall be published on the same day in each of two (2) successive weeks in a newspaper of general circulation in the City, the date of the first publication to be not less than fourteen (14) days nor more than thirty (30) days prior to the date of the Election. Section 9. The City Secretary, City of College Station, is hereby responsible for any necessary submissions to the U.S. Department of Justice for preclearance of said election under the Federal Voting Rights Act, Section 10. At said election the following PROPOSITIONS shall be submitted in accordance with law: PROPOSITION NO. 1 Shall the City Council of the City of College Station, Texas, be authorized to issue, in accordance with law at the time of issuance, the bonds and notes of the City, in one or more series or issues, in the aggregate principal amount of $48,785,000 with the bonds or notes of each such series or issues, respectively, to mature serially or otherwise within not to exceed forty years from their date, and to be sold at such prices and bear interest at such rates, as shall be determined within the discretion of the City Council, for the construction of street and transportation improvements throughout the City including, without limitation, traffic signals, sidewalks, hike and bike trails and pedestrian improvements; and shall said 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 notes and provide a sinking fund to pay the bonds and notes at maturity? PROPOSITION NO. 2 Shall the City Council of the City of College Station, Texas, be authorized to issue, in accordance with law at the time of issuance, the bonds and notes of the City, in one or more series or issues, in the aggregate principal amount of $8,385,000 with the bonds or notes of each such series or issues, respectively, to mature serially or otherwise within not to exceed forty years from their date, and to be sold at such prices and bear interest at such rates, as shall be determined within the discretion of the City Council, for the construction, acquisition, expansion and equipping of new or existing City library facilities; and shall said 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 notes and provide a sinking fund to pay the bonds and notes at maturity? PROPOSITION NO.3 Shall the City Council of the City of College Station, Texas, be authorized to issue, in accordance with law at the time of issuance, the bonds and notes of the City, in one or more series or issues, in the aggregate principal amount of $6,990,000 with the bonds or notes of each such series or issues, respectively, to mature serially or otherwise within not to exceed forty years from their date, and to be sold at such prices and bear interest at such rates, as shall be determined within the discretion of the City Council, for the constructing and equipping of a new fire station building; and shall said 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 notes and provide a sinking fund to pay the bonds and notes at maturity? PROPOSITION NO.4 Shall the City Council of the City of College Station, Texas, be authorized to issue, in accordance with law at the time of issuance, the bonds and notes of the City, in one or more series or issues, in the aggregate principal amount of $12,790,000 with the bonds or notes of each such series or issues, respectively, to mature serially or otherwise within not to exceed forty years from their date, and to be sold at such prices and bear interest at such rates, as shall be determined within the discretion of the City Council, the purchase of land and the construction of improvements for parks or other recreational purposes, including the construction and equipping of the Lick Creek Nature Center and the expansion of Lincoln Center; and shall said 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 notes and provide a sinking fund to pay the bonds and notes at maturity? PROPOSITION NO. 5 Shall the City Council of the City of College Station, Texas, be authorized to issue, in accordance with law at the time of issuance, the bonds and notes of the City, in one or more series or issues, in the aggregate principal amount of $7,050,000 with the bonds or notes of each such series or issues, respectively, to mature serially or otherwise within not to exceed forty years from their date, and to be sold at such prices and bear interest at such rates, as shall be determined within the discretion of the City Council, for constructing and equipping a new community center; and shall said 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 notes and provide a sinking fund to pay the bonds and notes at maturity? PROPOSITION NO.6 Shall the City Council of the City of College Station, Texas, be authorized to issue, in accordance with law at the time of issuance, the bonds and notes of the City, in one or more series or issues, in the aggregate principal amount of $26,300,000 with the bonds or notes of each such series or issues, respectively, to mature serially or otherwise within not to exceed forty years from their date, and to be sold at such prices and bear interest at such rates, as shall be determined within the discretion of the City Council, for constructing and equipping a new City Hall and shall said 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 notes and provide a sinking fund to pay the bonds and notes at maturity? Section 11. The official ballots for said election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITIONS, with the ballots to contain such provisions, markings and language as required by law, and with such PROPOSITIONS to be expressed substantially as follows: PROPOSITION NO. 1 FOR ) THE ISSUANCE OF $48,785,000 TAX BONDS AND NOTES FOR STREET AND TRANSPORTATION IMPROVEMENTS. AGAINST ) PROPOSITION NO.2 FOR ) THE ISSUANCE OF $8,385,000 TAX BONDS AND NOTES FOR LIBRARY IMPROVEMENTS. AGAINST ) PROPOSITION NO.3 FOR ) THE ISSUANCE OF $6,990,000 TAX BONDS AND NOTES FOR FIRE SAFETY IMPROVEMENTS AGAINST ) PROPOSITION NO.4 FOR ) THE ISSUANCE OF $12,790,000 TAX BONDS AND NOTES FOR PARKS OR OTHER RECREATIONAL IMPROVEMENTS AGAINST ) PROPOSITION NO. 5 FOR ) THE ISSUANCE OF $7,050,000 TAX BONDS AND NOTES FOR CONSTRUCTING AND EQUIPPING A COMMUNITY CENTER AGAINST ) PROPOSITION NO.6 FOR ) THE ISSUANCE OF $26,300,000 TAX BONDS AND NOTES FOR CONSTRUCTING AND EQUIPPING A CITY HAIL. AGAINST ) Section 12. In all respects said election shall be conducted in accordance with the Texas Election Code. CERTIFICATE FOR ORDINANCE THE STATE OF TEXAS COUNTY OF BRAZOS CITY OF COLLEGE STATION We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in SPECIAL MEETING ON THE 20TH DAY OF AUGUST, 2008, at the designated meeting place, and the roll was called of the duly constituted officers and members of said City Council, to wit: Ben White, James Massey, Dennis Maloney, Lynn McIlhaney, Lawrence Stewart, Dave Ruesink, John Crompton, Connie L. Hooks, Mayor Councilmember Councilmember Councilmember Councilmember Councilmember Councilmember City Secretary and all of said persons were present, except , thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written ORDINANCE BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, CALLING A BOND ELECTION TO BE HELD WITHIN SAID CITY; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; AND CONTAINING OTHER PROVISIONS INCIDENTAL THERETO. was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Ordinance be passed; and, after due discussion, said motion prevailed and carried by the following vote: AYES NOES ABSTAINED 2. That a true, full and correct copy of the aforesaid Ordinance described in the above and foregoing paragraph is attached to and follows this Certificate; that said Ordinance has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Ordinance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Ordinance would be introduced and considered at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. SIGNED AND SEALED THE 20TH DAY OF AUGUST, 2008. 0,6 q ��L City Secretary ,- �,,A Mayor i (CITY SEAL) Section 13. This Ordinance shall be effective immediately from and after its passage. PASSED AND APPROVED this August 20, 2008 Mayor, City of College Station, Texas ATTEST: City Secretary, City of College Station, Texas APPROVED AS TO FORM: *Bu — '�Iz -/ i