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HomeMy WebLinkAboutORD 2017-048 ORDINANCE NO. 2017-048 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, CALLING A BOND ELECTION TO BE HELD WITHIN THE CITY, MAKING PROVISIONS FOR THE CONDUCT OF THE ELECTION AND OTHER PROVISIONS RELATING THERETO; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the "City Council") of the City of Grapevine, Texas (the "City"), hereby finds and determines that it is necessary and advisable to call and hold an election in the City for the purpose of submitting certain propositions pertaining to the issuance of bonds for the purposes herein set forth; and WHEREAS, the City Council hereby finds and determines that said election shall be held on a uniform election date established by Section 41.001(a) Texas Election Code, as amended, as required by Texas law; and WHEREAS, the City Council hereby 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, as amended; therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. Findings. The statements contained in the preamble of this Ordinance are true and correct and are hereby adopted as findings of fact and as part of the operative provisions hereof. Section 2. Election Ordered; Date; Propositions. An election (the "Election") shall be held for and within the City on Tuesday, November 7, 2017 ("Election Day"), a uniform election date established by Section 41.001(a) of the Texas Election Code, as amended (the "Code"). At the Election the following propositions (the "Propositions") shall be submitted to the qualified voters of the City in accordance with law: CITY OF GRAPEVINE - PROPOSITION A "Shall the City Council of the City of Grapevine, Texas, be authorized to issue general obligation bonds of the City in the amount of $3,900,000 for the purpose of providing funds for permanent public improvements, to wit: designing, improving, constructing, equipping and furnishing animal shelter facilities, including the acquisition of land therefor; said bonds to mature serially over a period of not to exceed forty (40) years from their date, to be issued in such installments and sold at any price or prices and to bear interest at any rate or rates as shall be determined within the discretion of the City Council under laws in effect at the time of issuance, and to provide for the payment of the Lprincipal of and interest on said bonds by levying a tax sufficient to pay the annual interest on and to create a sinking fund sufficient to redeem said bonds as they become due?" CITY OF GRAPEVINE - PROPOSITION B "Shall the City Council of the City of Grapevine, Texas, be authorized to issue general obligation bonds of the City in the amount of $16,000,000 for the purpose of providing funds for permanent public improvements, to wit: designing, constructing, improving, renovating, expanding, equipping, and furnishing new Fire Station No. 2 and new Fire Station No. 3, and the acquisition of land therefor; said bonds to mature serially over a period of not to exceed forty (40) years from their date, to be issued in such installments and sold at any price or prices and to bear interest at any rate or rates as shall be determined within the discretion of the City Council under laws in effect at the time of issuance, and to provide for the payment of the principal of and interest on said bonds by levying a tax sufficient to pay the annual interest on and to create a sinking fund sufficient to redeem said bonds as they become due?" CITY OF GRAPEVINE - PROPOSITION C "Shall the City Council of the City of Grapevine, Texas, be authorized to issue general obligation bonds of the City in the amount of $4,800,000 for the purpose of providing funds for permanent public improvements, to wit: designing, improving, L constructing, equipping and furnishing a multi-use facility and clubhouse at the Grapevine Municipal Golf Course; said bonds to mature serially over a period of not to exceed forty (40) years from their date, to be issued in such installments and sold at any price or prices and to bear interest at any rate or rates as shall be determined within the discretion of the City Council under laws in effect at the time of issuance, and to provide for the payment of the principal of and interest on said bonds by levying a tax sufficient to pay the annual interest on and to create a sinking fund sufficient to redeem said bonds as they become due?" L Ordinance No. 2017-048 2 Section 3. Official Ballot. The Propositions shall be set forth substantially in the L following forms, so as to permit the voters to vote "FOR" or "AGAINST" the Propositions, which shall be set forth on the ballots in substantially the following forms: CITY OF GRAPEVINE - PROPOSITION A 0 FOR "THE ISSUANCE OF $3,900,000 GENERAL OBLIGATION O AGAINST BONDS FOR ANIMAL SHELTER FACILITIES, AND THE LEVYING OF A TAX IN PAYMENT THEREOF." CITY OF GRAPEVINE - PROPOSITION B El FOR "THE ISSUANCE OF $16,000,000 GENERAL OBLIGATION O AGAINST BONDS FOR FIRE FIGHTING FACILITIES, AND THE LEVYING OF A TAX IN PAYMENT THEREOF." CITY OF GRAPEVINE - PROPOSITION C CI FOR "THE ISSUANCE OF $4,800,000 GENERAL OBLIGATION 0 AGAINST BONDS FOR A MULTI-USE FACILITY AND CLUBHOUSE AT THE GRAPEVINE MUNICIPAL GOLF COURSE, AND THE LLEVYING OF A TAX IN PAYMENT THEREOF." Section 4. Persons Qualified to Vote. All resident, qualified electors of the City shall be eligible to vote at the Election. Section 5. Election Precincts, Voting Locations and Voting Hours on Election Date. The voting precincts for the Election are hereby designated to be those municipal voting precincts identified by their respective county precinct numbers as determined by the Elections Administrator. Such locations incorporated herein by reference for all purposes; provided, however, such times and locations may be changed if so directed by the Elections Administrator without further action of the City Council. The Elections Administrator of Tarrant County is hereby authorized and directed to make such changes in polling locations as may be necessary for the proper conduct of the Election. Each polling place shall be open from 7:00 a.m. to 7:00 p.m. on the date of the Election. Section 6. Early Voting Locations, Dates and Times. (a) The Elections Administrator of Tarrant County is hereby appointed as Early Voting Clerk for the election. Deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting. Early voting by mail shall be conducted in conformance with the requirements of the Code. The main early voting polling place is hereby E designated to be the Tarrant County Elections Center, 2700 Premier St., Fort Worth, Texas 76111. Ballot applications and ballots voted by mail shall be sent to: Tarrant County Elections Center, P.O. Box 961011, Fort Worth, Texas 76161-0011. The Ordinance No. 2017-048 3 Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early Voting Ballot Board and the presiding judge and alternate judge in accordance with the requirements of the Code. Early voting shall be conducted by the Early Voting Clerk, at the main early voting polling location listed above, such location may be changed or additional early voting locations may be added by the Elections Administrator, without further action of the City Council, as is necessary for the proper conduct of the Election. (b) In addition to the main early voting polling location, City of Grapevine voters may vote at all early voting polling locations as designated and maintained by Tarrant County throughout the County such locations as listed in Exhibit A attached hereto. (c) Early voting by personal appearance shall begin on Monday, October 23, 2017, and shall end at 7:00 p.m. on Friday, November 3, 2017, with the voting times to be as follows: October 23 - October 27, 2017 (Monday— Friday) 8:00 AM -5:00 PM October 28 (Saturday) 7:00 AM -7:00 PM October 29 (Sunday) 11:00 AM - 4:00 PM October 30 - November 3 (Monday— Friday) 7:00 AM - 7:00 PM Section 7. Notice of Election. Notice of the Election shall be given by: (i) publishing a substantial copy of this Ordinance, in English, Spanish and Vietnamese, on the same day of each of two (2) successive weeks not earlier than the thirtieth (30th) day nor later than the fourteenth (14th) day prior to the date set for the Election, in a newspaper published in the City, (ii) posting a copy of this Ordinance, in English, Spanish and Vietnamese at the City Hall on the bulletin board used for posting notices of the meetings of the City Council and at three (3) other public places within the boundaries of the City, not later than the twenty-first (21st) day prior to the date set for the Election and (iii) posting a copy of this Ordinance, in English, Spanish and Vietnamese, on the City's website, prominently and together with the notice of the Election and the contents of the Propositions, not later than the twenty-first (21st) day prior to the date set for the Election through Election Day. Additionally, on Election Day and during early voting by personal appearance, this Ordinance shall be posted in a prominent location at each polling place. Notice of the Election shall also be provided to the County Clerk of Tarrant County, Texas and the Tarrant County Voter Registrar not later than the 60th day before the Election Day. Section 8. Conduct of Election. (a) The Election shall be conducted in accordance with the Code under the jurisdiction of the Tarrant County Elections Department (the "Elections Administrator") pursuant to an Election Services Contract (the Ordinance No. 2017-048 4 Department (the "Elections Administrator") pursuant to an Election Services Contract (the "Contract") by and among Tarrant County Elections Department, the City and other participating entities, if any, described in the Contract. The City Manager or the City Manager's designee is authorized to amend or supplement the Contract to the extent required for the Election to be conducted in an efficient and legal manner as determined by the Elections Administrator. (b) Election judges, alternate judges and clerks shall be paid, as determined by the Elections Administrator, for their service in the Election. (c) E-slate, a Direct Record Electronic (DRE) System shall be used for early voting by personal appearance, and paper ballots, which are optically scanned, shall be used for early voting by mail. In the November 7, 2017 election, the Elections Administrator shall cause paper ballots, which are optically scanned, to be prepared in the form of the ballot prescribed below, being in English, Spanish and Vietnamese, and shall furnish election officials said ballots, in such form, together with any other forms or blanks, in accordance with the Charter of the City of Grapevine, Texas, the Constitution and laws of the State of Texas and the Voting Rights Act of 1965, and any amendments thereto, insofar as same are applicable. E-Slate, a Direct Record Electronic (DRE) System shall be provided and used at each polling location on Election Day. (d) The holding of the Election shall be in compliance with the Code except as modified by other applicable provisions of law. (e) The election officers shall make returns for the Election in the manner required by law, and the ballots that are properly marked in conformance with the provisions of the Code for votes cast both during the period of early voting and on the day of the Election shall be counted in the manner required by law. Section 9. Additional Information Required by Section 3.009 of the Election Code. (a) As of the October 1, 2016, the first day of the City's current fiscal year, the aggregate principal amount outstanding of tax-supported debt of the City was $141,383,701 and the aggregate amount of outstanding interest on such tax-supported debt was $43,130,660. The City's ad valorem debt service tax rate for the current fiscal year is $0.162792 per $100 of assessed valuation of taxable property in the City. (b) The City intends to issue the bonds authorized by the Propositions in one period in a manner and in accordance with a schedule to be determined by the City Council based upon a number of factors, including, but not limited to, the then current needs of the City, demographic changes, prevailing market conditions, assessed valuations in the City and management of the City's short-term and long-term interest rate exposure. Market conditions, demographics and assessed valuations vary based upon a number of factors beyond the City's control, and therefore, the City cannot and does not guarantee a particular interest rate or tax rate associated with the bonds authorized by Ordinance No. 2017-048 5 the Propositions. As such, the information contained in this paragraph is provided solely L for illustrative purposes and does not establish any limitations or restrictions or create a contract with the voters. The City currently estimates that, if the Propositions are approved and the bonds proposed herein are authorized and issued in accordance with the City's current project plan of finance, the maximum interest rate of the bonds is not expected to exceed 4.5 %. (c) Any additional information required by Section 3.009 of the Code is contained in Sections 2 and 3 of this Ordinance. Section 10. Necessary Actions. The Mayor and the City Secretary of the City, in consultation with the City's Attorney and bond counsel, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code and the Federal Voting Rights Act in carrying out and conducting the Election, whether or not expressly authorized herein, including making changes or additions to polling places or procedures to the extent required or desirable or as may become necessary due to circumstances arising after the date of this Ordinance. Section 11. Severability. If any provision, section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, invalid, or unenforceable, neither the remaining portions of this Ordinance nor their application to other persons or sets of circumstances shall be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness, invalidity or unenforceability of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. Section 12. Emergency. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. Section 13. Effective Date. This Ordinance shall take effect immediately upon adoption. L Ordinance No. 2017-048 6 APPROVED: William D. Tate Mayor ATTEST: C3RAPF v im i/.0 Tara wi � ix Tara Brooks / \ / Co; City Secretary -- APPROVED AS TO FORM: N\ R. IL`J John F. Boyle, Jr. City Attorney Ordinance No. 2017-048 7 EXHIBIT TO OCO.261l-6ilif Exhibit A Page S of 3 TARRANT COUNTY EARLY VOTING NOVEMBER 7,2017 I JOINT GENERAL AND SPECIAL ELECTIONS EARLY VOTING BY PERSONAL APPEARANCE DAYS AND HOURS October 23(Monday through Friday)-October 27 8:00 AM—5:00 PM October 28(Saturday) 7:00 AM—7:00 PM October 29(Sunday) 11:00 AM—4:00 PM October 30(Monday through Friday)-November 3 7:00 AM—7:00 PM Location Address City Zip Code Bob Duncan Center 2800 South Center Street Arlington 76014 Elzie Odom Athletic Center 1601 NE Green Oaks Boulevard Arlington 76006 Center for Community Service 4002 West Pioneer Parkway Arlington 76013 Junior League of Arlington South Service Center 1100 SW Green Oaks Boulevard Arlington 76017 Tarrant County Sub-Courthouse in Arlington 700 E Abram Street Arlington 76010 Tarrant County College Southeast Campus 2100 Southeast Parkway Arlington 76018 EMB—C Portable Building B J Clark Annex 603 Southeast Parkway Azle 76020 Room 4 Bedford Public Library 2424 Forest Ridge Drive Bedford 76021 Benbrook Community Center 228 San Angelo Avenue Benbrook 76126 Colleyville City Hall 100 Main Street Colleyville 76034 Crowley Recreation Center 405 S Oak Street Crowley 76036 Euless Public Library 201 North Ector Drive Euless 76039 Forest Hill Civic and Convention Center 6901 Wichita Street Forest Hill 76140 All Saints Catholic Church Parish Hall 200 N.W.20th Street Fort Worth 76164 Diamond Hill/Jarvis Library 1300 Northeast 35th Street Fort Worth 76106 I Griffin Sub-Courthouse 3212 Miller Avenue Fort Worth 76119 Handley-Meadowbrook Community Center 6201 Beaty Street Fort Worth 76112 JPS Health Center Viola M.Pitts/Como 4701 Bryant Irvin Road N. Fort Worth 76107 Lower Level—Suite 100 Longhorn Activity Center 5350 Basswood Boulevard Fort Worth 76137 Rosemont Middle School 1501 West Seminary Drive Fort Worth 76115 Southside Community Center 959 East Rosedale Street Fort Worth 76104 Southwest Community Center 6300 Welch Avenue Fort Worth 76133 Tarrant County Elections Center 2700 Premier Street Fort Worth 76111 Main Early Voting Site Tarrant County Plaza Building 201 Burnett Street Fort Worth 76102 Villages of Woodland Springs Amenity Bldg. 12209 Timberland Boulevard Fort Worth 76244 Worth Heights Community Center 3551 New York Avenue Fort Worth 76110 2615 W.Pioneer Parkway Asia Times Square (Corner Pioneer Pkwy and Great Grand Prairie 75051 Southwest Pkwy) Lake Park Operations Center 5610 Lake Ridge Parkway Grand Prairie 75052 The REC of Grapevine 1175 Municipal Way Grapevine 76051 Haltom City Northeast Center 3201 Friendly Lane Haltom City 76117 Hurst Recreation Center 700 Mary Drive Hurst 76053 Northeast Courthouse 645 Grapevine Highway Hurst 76054 Keller Town Hail 1100 Bear Creek Parkway Keller 76248 Kennedale Community Center 316 West 3rd Street Kennedale 76060 Sheriff's Office North Patrol Division 6651 Lake Worth Boulevard Lake Worth 76135 Mansfield Sub-Courthouse 1100 East Broad Street Mansfield 76063 Dan Echols Center 6801 Glenview Drive N Richland Hills 76180 Richland Hills Public Library 6724 Rena Drive Richland Hills 76118 Eagle Mountain-Saginaw ISD Administration 1200 Old Decatur Road Saginaw 76179 Building 6—Training Room Southlake Town Hall 1400 Main Street Southlake 76092 White Settlement Public Library 8215 White Settlement Road White Settlement 76108 A-1 Error!Unknown document property name. EXHIBIT A TO OP D 0017— OqZ Page ca- of 3 Exhibit A TARRANT COUNTY EARLY VOTING NOVEMBER 7,2017 JOINT GENERAL AND SPECIAL ELECTIONS EARLY VOTING BY PERSONAL APPEARANCE DAYS AND HOURS Application for a Ballot by Mail may be downloaded from: www.tarrantcounty.com/elections Information by phone: Tarrant County Elections Administration, 817-831-8683 Applications for a Ballot by Mail may be submitted between January 1, 2017 and October 27, 2017 by mail,fax or email to: Early Voting Clerk Fax: 817-831-6118 PO Box 961011 Fort Worth TX 76161-0011 Email: votebvmailt tarrantcountv.com A-2 Error!Unknown document property name. EXHIBIT, TO b120 02013-0g CITY OF GRAPEVINE Page - 3 of 3 ELECTION DAY POLLING LOCATIONS NOVEMBER 7,2017 7:00 A.M. —7:00 P.M Precint Location Entity 3038 Timberline Elementary School City of Grapevine 3220 Timberline Drive Grapevine, Texas 76051 3039 Lonesome Dove Church City of Grapevine 2380 Lonesome Dove Road Southlake, Texas 76092 3114 The REC of Grapevine City of Grapevine 1175 Municipal Way Grapevine, Texas 76051 3361 St. Francis Catholic Church City of Grapevine 861 Wildwood Lane Grapevine, Texas 76051 3384 Dove Elementary School City of Grapevine 1932 Dove Road Grapevine, Texas 76051 3390, 3574 Covenant Church City of Grapevine 3508 Glade Road Colleyville, Texas 76034 3396, 3566 Grapevine Elementary School City of Grapevine 1801 Hall-Johnson Road Grapevine, Texas 76051 3469 Dancing River Assisted Living Center City of Grapevine 3735 Ira E. Woods Avenue Grapevine, Texas 76051 3526, 3470 Southlake Town Hall City of Grapevine 1400 Main Street Southlake, Texas 76092 3530, 3385 Meadowood Assisted Living & Memory Care City of Grapevine at the Vineyards, 4545 Merlot Avenue Previously at Precinct 3390, Grapevine, Texas 76051 Covenant Church 3542, 3035 First Presbyterian Church Grapevine City of Grapevine 1002 North Park Boulevard Grapevine, Texas 76051 *Dates, Times and Locations are preliminary and subject to verification of the Tarrant County Elections Administrator A-3