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HomeMy WebLinkAboutORD 1992-007 ORDINANCE N0. 92-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING ORDINANCE 92-02 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 hereto passed Ordinance 92-02 calling an election to be held in the City on March 28, 1992 , and hereby finds it appropriate and necessary to amend such Ordinance prior to the publication and posting of notice of such election; 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 Vernon ' s Texas Revised Civil Statutes Annotated, Article 6252-17, as amended; therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF - GRAPEVINE, TEXAS THAT ORDINANCE 92-02 APPROVED JANUARY 21, 1992 , IS HEREBY AMENDED TO READ AS FOLLOWS: 1 . That pursuant to Article 701, et seq. 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 28th day of March, 1992 , 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 $18 , 600, 000 for the purpose of providing funds for �,�,,�„ permanent public improvements , to-wit : constructing, reconstructing, improving , repairing, developing, extending and ��� 1 3 6 2 B/4 5 expanding streets , thoroughfares , alleys , sidewalks , and other public ways of the City, including related storm drainage facilities and improvements , signalization and other traffic controls , street lightinq, and the acquisition of any needed rights-of-way 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 one or more series or issues , in the aggregate principal amount of $600 , 000 for k the purpose of providing funds for permanent public improvements , to-wit : acquiring, improving, constructing, developing and � equipping fire stations and fire training facilities for said City, including 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- 1 3 6 2 8/ 4 6 PROPOSITION NO. 3 "Shall the City Council of the City of Grapevine, Tezas be authorized to issue general obligation bonds of said City in the aggregate principal amount of $4 , 500, 000 for the purpose of providing funds for permanent public improvements , to-wit : acquiring, improving, constructing, developing and equipping a City Hall, including the acquisition of a site 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. 4 "Shall the City Council of the City of Grapevine, Tegas be authorized to issue general obligation bonds of said City in the aggregate principal amount of $600, 000 for the purpose of providing funds for permanent public improvements , to-wit : acquiring, improving, constructing and developing recreational facilities for park purposes , including 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?" ��w -3- 1 3 6 2 B/ 4 7 2 . That the Election shall be held between the hours of 7 : 00 A.M. and 7 : 00 P.M. on March 28, 1992 , 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 polling place represents the single voting district for all eligible voters within the City. 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 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 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 officially 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 Presiding Judge for early voting for the Election; and the City Hall , 413 Main Street , Grapevine, Texas , is hereby designated as the early polling place for the Election. For the period early voting for the Election is permitted by law, the Early Voting Clerk shall keep said office open for early voting during regular hours on each day except Saturday, Sunday and official State holidays ; provided, however, early voting also shall be conducted on Saturday, March 21, 1992 , between the hours of 10 : 00 a .m. and 2 : 00 p .m. , at the designated early polling place for the Election. Early voting by personal appearance and early voting by mail shall be by the use of typewritten, printed or similarly produced paper ballots which shall be counted manually, as required by law. The early ballots for the Election shall 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 the use of typewritten, printed or similarly - � produced paper ballots , which shall be counted manually, and the preparation of said official ballots for the Election shall -4- 1 3 6 2 B/4 8 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 $18, 600 , 000 GENERAL ) OBLIGATION STREET IMPROVEMENT BONDS AND AGAINST ) THE LEVY OF A TAX IN PAYMENT THEREOF" PROPOSITION NO. 2 FOR ) "THE ISSUANCE OF $600 , 000 GENERAL ) OBLIGATION FIRE STATION AND TRAINING ) FACILITIES BONDS AND THE LEVY OF A TAX ' AGAINST ) IN PAYMENT THEREOF" PROPOSITION NO. 3 FOR ) "THE ISSUANCE OF $4 , 500 , 000 GENERAL ) OBLIGATION CITY HALL BONDS AND THE AGAINST ) LEVY OF A TAX IN PAYMENT THEREOF" PROPOSITION NO. 4 FOR ) "THE ISSUANCE OF $600 , 000 GENERAL - ) OBLIGATION PARK AND RECREATIONAL FACILITIES ) BONDS AND THE LEVY OF A TAX IN PAYMENT AGAINST ) 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 elections 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 ballot boxes shall 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. �;,t;� -S- 1 J 6 2 B/4 9 • 10 . 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 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 thirty (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 that it is in the best interest of the City to provide for the improving, acquiring, constructing, reconstructing, renovating and equipping of the improvements herein contem- plated at the earliest possible date constitutes an emergency and creates a necessity for the immediate preservation of the public peace, property, health and safety of the citizens of the City requiring that this Ordinance be passed and take effect as an emergency measure, and it is accordingly ordained that this Ordinance shall be in full force and effect from and after its passage in accordance with the Charter of the City. PASSED, APPROVED AND EFFECTIVE this llth day of February, 1992 . ----_. ���� Mayor, City of Grapevine, Texas _. __ Pro Tem ATTEST: Cit Secretary, ' ty of Grapevine, Texas [SEAL] APPROV�.D AS TO FORM: , ,,,. City Attorney, , City of Grapevine, Texas �° �;;._....;;ty . -6- 1 3 6 2 B/S 0 MINUTES AND CERTIFICATION PERTAINING TO PASSAGE OF AN ORDINANCE THE STATE OF TEXAS § COUNTIES OF TARRANT AND DALLAS � � CITY OF GRAPEVINE � On this the llth day of February, 1992 , the City Council of the City of Grapevine, Texas , convened in Special Meeting at Council Chambers , 307 West Dallas , the _ meeting being open to the public and notice of said meeting, giving the date, place and subject thereof, having been posted as prescribed by Article 6252-17, V.A.T.C.S. , and the roll was called of the duly constituted officers and members of the City Council , which officers and members are as follows : William D. Tate Mayor Ted R. Ware Mayor Pro Tem Sharron Spencer Councilmember C. Shane Wilbanks Councilmember Gil Traverse Councilmember Jerry L. Pittman Councilmember Will Wickman Councilmember and all of said persons were present, except the following absentees : Mayor William D. Tate , thus constituting a quorum. Whereupon, among other business , a written Ordinance bearing the following caption was introduced: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING ORDINANCE 92-02 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 Ordinance, a full , true and correct copy of which is attached hereto, was read and reviewed by the City Council . Thereupon, it was moved by Councilmember Spencer and seconded by Councilmember pittman that the Ordinance be finally passed and adopted. The Mayor put the motion to a vote of the members of the City Council ;�p"�anc�` the Ordinance was finally passed and adopted by the following vote : AYES : 6 NOES : 0 ���;v� ABSTENTIONS : 0 ABSENT: 1 .... 1 ] 6 2 8/ a 3 � � �p:o TE!"1 The Mayor^ then declared the Ordinance passed and approved, and signed the same in the presence of the City Council . MINUTES APPROVED AND CERTIFIED TO BE TRUE AND CORRECT, ° and to correctly reflect the duly constituted officers and members of the City Council of said City, and the attached and following copy of said Ordinance is hereby certified to be a true and correct copy of an official copy thereof on file among the official records of the City, all on this the llth day of February, 1992 . � Mayor, City of Grapevine, Texas Pro Tem ATTEST: Cit Secretary, City of Grapevine, Texas [SEAL] .;.¢_;.;., � -2- 1 3 6 2 H/ 4 4