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HomeMy WebLinkAboutORD 1994-072 � ORDINANCE NO. 94-72 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 INCIDENT AND RELATED TO THE PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. THE STATE OF TEXAS § COUNTY OF TARRANT § CITY OF GRAPEVINE § WHEREAS, the City Council of the City of Grapevine, Texas (the "City") has determined that an election should be called and held in the City for the purpose of submitting certain propositions for the issuance of general obligation bonds of the City for the purposes hereinafter set forth; and WHEREAS, the City Council finds and declares that it is in the public interest that said election be held on a date other than a uniform election date as provided in the Texas Election Code, as amended; 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 � y Government Code, as amended; therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: 1. That pursuant to Article 701, et sea. V.A.T.C.S. , and the Texas Election Code, as amended, an election (the "Election") shall be held in and throughout the City of Grapevine, Texas, on the 29th day of October, 1994 , which date is not less than fifteen (15) nor more than ninety (90) days from the date of this Ordinance and the City Council hereby finds and declares it to be in the public interest that said Election be held on a date other than a uniform election date. At said Election, the following propositions shall be submitted to the qualified voters of the City: PROPOSITION NO. 1 � "Shall the City Council of the City of Grapevine, Texas be authorized to issue general obligation bonds of said City in the aggregate principal amount of $3, 000, 000 for the purpose of providing funds for permanent public improvements, to-wit: engineering, constructing, �- ° reconstructing, improving, repairing, developing, extending and expanding streets, thoroughfares, sidewalks and other public ways of the City, including necessary �� BAB-HBBF.372-2 � and related storm drainage facilities and improvements, signalization and other traffic controls, street lighting, and the acquisition of any needed rights-of-way ��"g therefor; such bonds to mature serially within not to exceed forty (40) years from their date, to be issued in one or more series and sold at such prices and bear interest at such rates as shall be determined within the discretion of the City Council under the laws of the State in effect at the time of such issuance; and to provide for the payment of the principal of and interest on said bonds by levying ad valorem taxes to be assessed and collected annually in an amount sufficient to pay the annual interest on and to create a sinking fund to redeem said bonds as they become due?" PROPOSITION NO. 2 "Shall the City Council of the City of Grapevine, Texas be authorized to issue general obligation bonds of said City in the aggregate principal amount of $3,500, 000 for the purpose of providing funds for permanent public improvements, to-wit: acquiring, improving, constructing, developing and equipping a city hall in and for the City, including acquisition of necessary sites , therefor; such bonds to mature serially within not to exceed forty (40) years from their date, to be issued in one or more series and sold at such prices and bear �- ri interest at such rates as shall be determined within the discretion of the City Council under the laws of the State in effect at the time of such issuance, and to provide for the payment of the principal of and interest on said bonds by levying ad valorem taxes to be assessed and collected annually in an amount sufficient to pay the annual interest on and to create a sinking fund to redeem said bonds as they become due?" PROPOSITION NO. 3 "Shall the City Council of the City of Grapevine, Texas be authorized to issue general obligation bonds of said City, in one or more series or issues, in the aggregate principal amount of $5, 065, 000 for the purpose of � providing funds for permanent public improvements, to- wit: constructing, developing and equipping a community activities center and making street and drainage improvements necessary and related thereto for said City, including acquisition of sites therefor; such bonds to �,,g mature serially within not to exceed forty (40) years from their date, to be issued in one or more series and sold at such prices and bear interest at such rates as shall be determined within the discretion of the City BAB-HBBF372-2 2 _¢ Council under the laws of the State in effect at the time of such issuance, and to provide for the payment of the . principal of and interest on said bonds by levying ad valorem taxes to be assessed and collected annually in an amount sufficient to pay the annual interest on and to create a sinking fund to redeem said bonds as they become due?" PROPOSITION NO. 4 "Shall the City Council of the City of Grapevine, Texas be authorized to issue general obligation bonds of said City in the aggregate principal amount of $1,560, 000 for the purpose of providing funds for permanent public improvements, to-wit: acquiring, constructing, developing, improving, renovating and equipping municipal outdoor swimming pools in and for the City, including the acquisition of necessary sites therefor; such bonds to mature serially within not to exceed forty (40) years from their date, to be issued in one or more series and sold at such prices and bear interest at such rates as shall be determined within the discretion of the City Council under the laws of the State in effect at the time of such issuance; and to provide for the payment of the principal of and interest on said bonds by levying ad valorem taxes to be assessed and collected annually in an �.,.;. amount sufficient to pay the annual interest on and to . create a sinking fund to redeem said bonds as they become due?" 2 . That the Election shall be held between the hours of 7: 00 A.M. and 7: 00 P.M. on October 29, 1994, in said City, and all eligible voters within the City shall cast ballots at the following polling place: Grapevine Convention Center 1209 South Main Grapevine, Texas which poZling place represents the single voting district for all eligible voters within the City, said district comprising all or a portion of Tarrant County election precincts 3035, 3038, 3114 , 3321, 3360, 3361, 3384, 3385, 3396, 3469 and 3039 . � 3. That Ben Pearson is hereby appointed Presiding Judge for the Election and Bryan Carlson is hereby appointed Alternate Presiding Judge for the Election. The Presiding Judge shall appoint not less than two qualified election clerks to serve and ��Y� assist in conducting the Election; provided that if the Presiding Judge actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. In addition, Ben Pearson is also hereby appointed Presiding Judge for the early ballot board with BAB-HBBF372-2 3 other members to be appointed by the Presiding Judge in accordance with the Texas Election Code, as amended. '�"`�' 4 . That by approving and signing this Ordinance the Mayor of said City afficially confirms his appointment of the aforesaid election officers to serve at the Election; and by passing this Ordinance the City Council approves and concurs in the appointment of the aforesaid election officers. 5. That the City Secretary shall be the Early Voting Clerk for early voting for the Election. The City Hall, 413 South Main Street, Grapevine, Texas, is hereby designated as the main early polling place for the Election. The Early Voting Clerk shall keep said office open for early voting during the early voting period for early voting between the hours of 8:00 a.m. and 5:00 p.m. , Monday, October 10, 1994 through Friday, October 14, 1994, Monday, October 17, 1994 through Friday, October 21, 1994, and Monday, October 24, 1994 through Tuesday, October 25, 1994, and between the hours of 10: 00 a.m. and 2: 00 p.m. on Saturday, October 22 , 1994 . Early voting by personal appearance and early voting by mail shall be by Optech III-P Eagle electronic system. The early ballots for the Election sha11 conform to the requirements of the Texas Election Code, as amended, and shall read so as to permit the electors to vote "FOR" or "AGAINST" each proposition. ,�:.,� 6. That voting at and on the date of the Election shall be by Optech III-P Eagle electronic system and the preparation of said ��� official ballots for the Election shall be prepared in accordance with the Texas Election Code, as amended, 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 $3 , 0OO, ODO GENERAL ) OBLIGATION STREET IMPROVEMENT BONDS ) AND THE LEVY OF A TAX IN PAYMENT AGAINST ) THEREOF" PROPOSITION NO. 2 FOR ) "THE ISSUANCE OF $3,500,000 GENFRAT, ) OBLIGATION CITY HALL BONDS AND THE LEVY AGAINST ) OF A TAX IN PAYMENT THEREOF" PROPOSITION NO. 3 ,�>:� FOR ) "THE ISSUANCE OF $5, 065, 000 GENERAL ) OBLIGATION COMMUNITY ACTIVITIES CENTER AGAINST ) BONDS AND THE LEVY OF A TAX IN PAYMENT THEREOF" BAB-HBBF.372-2 4 PROPOSITZON NO. 4 ,�,,,, FOR ) "THE ISSUANCE OF $1, 560, 000 GENERAL ) OBLIGATION MUNICIPAL OUTDOOR SWIMMING ) POOL BONDS AND THE LEVY OF. A TAX IN AGAINST ) PAYMENT THEREOF" 7 , That all resident, qualified voters of the City shall be entitled to vote at the Election. The holding of the Election shall be in compliance with the Texas Election Code, as amended, except as modified by other applicable provisions of law. 8. That the election materials enumerated in the Texas Election Code, as amended, required for the Election pursuant to the provisions hereof for use at the polling places and for early voting for the Election shall be printed in both the English and Spanish languages. 9 . The election officers named herein shall make returns of the Election to the City Council and the bal2ot boxes sha12 be delivered to the custody of the City Council in compliance with the applicable laws of the State of Texas; and the ballots that are properly marked in conformance with the provisions of the Texas Election Code, as amended, 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. +�R� l0. That notice of the Election shall be given by posting a substantial copy of this Ordinance in both English and Spanish at the City Hall, 413 South Main Street, Grapevine, Texas, and at three other public places in the City not less than twenty-one (21) days prior to the date of the Election and by publishing said notice in English and Spanish on the same day in each of two (2) successive weeks in a newspaper of general circulation published in the City, the date of the first publication to be not more than th�rty (30) days nor less than fourteen (14) days prior to the date set for the Election. 11. That the public importance of this Ordinance and the fact hat it is in the best interest of the City to provide for the mproving, acquiring, constructing, reconstructing, renovating and Suipping of the improvements herein contemplated at the earliest ssible date constitutes an emergency and creates a necessity for e immediate preservation of the public peace, property, health d safety of the citizens of the City requiring that this inance be passed and take effect as an emergency measure, and it accordingly ordained that this Ordinance shall be in full force effect from and after its passage in accordance with the , ter of the City. .s�2-2 5 :� PASSED, APPROVED AND EFFECTIVE this 13th day of September, 1994. � ` Mayor, City of Grapevine, Texas ATTEST: �GC� City Secretary, ity of Grapevine, Texas [SEAL] APPROVED AS TO FORM: � City Attorney, City of Grapevine, Texas °'° " BAB-HBBF.372-2 6