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ORD 795 02/23/2007 Ordinance No: 795 Draft dated February 20,2007 ORDINANCE CALLING A BOND ELECTION TO BE HELD ON MAY 12, 2007 TO CONSIDER THE FOLLOWING PROPOSITIONS: (1) MAIN STREET RECONSTRUCTION PROJECT PROPOSITION; (2) WATERWORKS AND SEWER SYSTEM IMPROVEMENTS PROPOSITION; (3) DRAINAGE IMPROVEMENTS PROPOSITION; AND (4)LAND AND BUILDINGS FOR VARIOUS MUNICIPAL DEPARTMENTS, INCLUDING, BUT NOT LIMITED TO, THE PUBLIC WORKS DEPARTMENT, THE UTILITIES DEPARTMENT AND THE ANIMAL CONTROL FACILITY DEPARTMENT PROPOSITION STATE OF TEXAS § COUNTY OF GUADALUPE § CITY OF CIBOLO § WHEREAS, the City Council of the City of Cibolo, Texas (the "City") deems it advisable to call the election hereinafter ordered; and WHEREAS, the City desires to enter into an agreement with the County Elections Officer of Guadalupe County, Texas to administer the election hereinafter ordered (the "Election Agreement"); and WHEREAS, it is hereby officially found and determined that the meeting at which this Ordinance was passed 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. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS THAT: 1. TIME AND PLACE OF ELECTION. An election shall be held on Saturday,May 12, 2007, in the City at the Cibolo Municipal Offices, 200 South Main St. in the City of Cibolo between the hours of 7:00 a.m. and 7:00 p.m. 2. EARLY VOTING. Early voting by personal appearance will be conducted on weekdays at the Guadalupe County Office Building, Election Office, 1101 Elbel Road, Suite 7, Schertz,Texas 78154,between the hours of 8:00 a.m.to 5:00 p.m.on April 30,2007 through May 4, 2007 and between the hours of 7 a.m. to 7 p.m. on May 7, 2007 and May 8, 2007. The County Elections Officer of Guadalupe County, Texas is authorized and charged to perform the functions provided by law in the casting of early ballots and shall hold such election,all in the method,manner and time made and provided by the statutes of the State of Texas on this subject and pursuant to the Election Agreement. 3. ELECTION JUDGES AND ELECTION CLERKS. The Presiding Judge, the Alternate Presiding Judge and the election clerks for the election precinct and polling place shall be appointed at a later by the City Council or pursuant to the Election Agreement. 4. EARLY VOTING BALLOT BOARD. An Early Voting Ballot Board will be created at a later date pursuant to the Election Agreement to process early voting results. The Early Voting Clerk shall be Sue Basham, County Election Administrator, 307 W. Court, Seguin, Texas 78155. 5. ELECTORS. All resident, qualified electors of the City shall be entitled to vote at said election. 6. OFFICIAL PROPOSITION. At said election the following PROPOSITIONS shall be submitted in accordance with law: MAIN STREET RECONSTRUCTION PROJECT PROPOSITION "Shall the City Council of the City of Cibolo, Texas be authorized to issue bonds of the City, in one or more series, in the aggregate principal amount not to exceed $3,175,000 for the purpose of constructing street, sidewalk and drainage improvements relating to the Main Street Reconstruction Project,with said bonds to mature not later than thirty years from their date of issuance, bear interest, and be issued and sold in accordance with law at the time of issuance, all within the discretion of the City Council; 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, within the limits provided by law, to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity?" WATERWORKS AND SEWER SYSTEM IMPROVEMENTS PROPOSITION "Shall the City Council of the City of Cibolo,Texas be authorized to issue bonds of the City, in one or more series, in the aggregate principal amount not to exceed $3,025,000 for the purpose of constructing waterworks and sewer system improvements, with said bonds to mature not later than thirty years from their date of issuance, bear interest, and be issued and sold in accordance with law at the time of issuance, all within the discretion of the City Council; 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,within the limits provided by law, to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity?" DRAINAGE IMPROVEMENTS PROPOSITION "Shall the City Council of the City of Cibolo,Texas be authorized to issue bonds of the City, in one or more series, in the aggregate principal amount not to exceed $600,000 for the purpose of constructing drainage improvements,including,but not limited to,drainage improvements related to the Town Creek West Phase 1 Project, with said bonds to mature not later than thirty years from their date of issuance,bear 2 interest, and be issued and sold in accordance with law at the time of issuance, all within the discretion of the City Council; 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,within the limits provided by law,to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity?" LAND AND BUILDINGS FOR VARIOUS MUNICIPAL DEPARTMENTS, INCLUDING, BUT NOT LIMITED TO, THE PUBLIC WORKS DEPARTMENT, THE UTILITIES DEPARTMENT AND THE ANIMAL CONTROL FACILITY DEPARTMENT PROPOSITION "Shall the City Council of the City of Cibolo, Texas be authorized to issue bonds of the City, in one or more series, in the aggregate principal amount not to exceed $1,550,000 for the purpose of acquiring,constructing and improving a parcel of land and buildings for use jointly by various municipal departments, including, but not limited to,the City's Public Works Department,Utilities Department and the Animal Control Facility Department, with said bonds to mature not later than thirty years from their date of issuance,bear interest, and be issued and sold in accordance with law at the time of issuance,all within the discretion of the City Council;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, within the limits provided by law,to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity?" 7. FORM OF BALLOT. 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: MAIN STREET RECONSTRUCTION PROJECT PROPOSITION ❑ FOR THE ISSUANCE OF NOT TO EXCEED $3,175,000 IN PRINCIPAL AMOUNT OF BONDS FOR CONSTRUCTING STREET, SIDEWALK AND DRAINAGE IMPROVEMENTS RELATING TO THE MAIN STREET RECONSTRUCTION ❑ AGAINST PROJECT AND LEVYING THE TAX IN PAYMENT THEREOF WATERWORKS AND SEWER SYSTEM IMPROVEMENTS PROPOSITION El FOR THE ISSUANCE OF NOT TO EXCEED $3,025,000 IN PRINCIPAL AMOUNT OF BONDS FOR CONSTRUCTION OF WATERWORKS AND SEWER SYSTEM IMPROVEMENTS ❑ AGAINST AND LEVYING THE TAX IN PAYMENT THEREOF 3 DRAINAGE IMPROVEMENTS PROPOSITION ❑ FOR THE ISSUANCE OF NOT TO EXCEED$600,000 IN PRINCIPAL AMOUNT OF BONDS FOR DRAINAGE IMPROVEMENTS INCLUDING, BUT NOT LIMITED TO, DRAINAGE IMPROVEMENTS RELATED TO THE TOWN CREEK WEST PHASE 1 PROJECT AND LEVYING THE TAX IN PAYMENT ❑ AGAINST THEREOF LAND AND BUILDINGS FOR VARIOUS MUNICIPAL DEPARTMENTS, INCLUDING, BUT NOT LIMITED TO, THE PUBLIC WORKS DEPARTMENT, THE UTILITIES DEPARTMENT AND THE ANIMAL CONTROL FACILITY DEPARTMENT PROPOSITION ❑ FOR THE ISSUANCE OF NOT TO EXCEED$1,550,000 IN PRINCIPAL AMOUNT OF BONDS FOR ACQUIRING, CONSTRUCTING AND IMPROVING A PARCEL OF LAND AND BUILDINGS FOR USE JOINTLY BY VARIOUS MUNICIPAL DEPARTMENTS, INCLUDING, BUT NOT LIMITED TO, THE CITY'S PUBLIC WORKS DEPARTMENT,UTILITIES DEPARTMENT AND THE ANIMAL CONTROL FACILITY DEPARTMENT AND LEVYING ❑ AGAINST THE TAX IN PAYMENT THEREOF 8. ELECTION CODE. In all respects,the election shall be conducted in accordance with the Texas Election Code (the "Code"). Pursuant to the federal Help America Vote Act ("HAVA") and the Code, at each polling place there shall be at least one voting system that is equipped for disabled individuals, and each such voting system shall be a system that has been certified by the Texas Secretary of State as compliant with HAVA and the Code. 9. BILINGUAL ELECTION MATERIALS. All election materials(including notice of the election,ballots, instruction cards, affidavits, and other forms which voters may be required to sign) and all early voting materials shall be printed in both English and Spanish, or Spanish translations thereof, and/or other assistance shall be provided, as required by the Texas Election Code and the Federal Voting Rights Act of 1965, each as amended. 10. NOTICE. Notice of said election in the form attached hereto as Exhibit A shall be given by(i)publishing a substantial copy of such notice, both in English and Spanish, on the same day in each of two successive weeks, in the Herald, with the first publication being not more than 30 days and not less than 14 days prior to the date set for said election, and(ii)posting a substantial copy of such notice,both in English and in Spanish,at three public places in the City and at the City Hall on the bulletin board used for posting notices of the meetings of the City Council of the City not later than the 215` day before the election. It is hereby found and declared that the Herald is a newspaper of general circulation within the City. 4 APPROVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS ON THE 23rd DAY OF FEBRUARY 2007. YA)/J „ Ma;or or C. •f Cib• •exas Attest: City Clerk City of Cibolo, Texas (Seal) [EXECUTION PAGE TO BOND ELECTION ORDINANCE] EXHIBIT A NOTICE OF BOND ELECTION TO BE HELD BY CITY OF CIBOLO, TEXAS TIME AND PLACE OF ELECTION. The City of Cibolo, Texas (the "City") will hold a bond election on Saturday, May 12, 2007, at the City at Cibolo Municipal Offices, 200 South Main St. in the City of Cibolo between the hours of 7:00 a.m. and 7:00 p.m.. EARLY VOTING. Early voting by personal appearance will be conducted on weekdays at the Guadalupe County Office Building,Election Office, 1101 Elbel Road,Suite 7,Schertz,Texas 78154, between the hours of 8:00 a.m. to 5:00 p.m. on April 30, 2007 through May 4, 2007 and between the hours of 7 a.m. to 7 p.m. on May 7, 2007 and May 8, 2007. OFFICIAL PROPOSITIONS. At said election the following PROPOSITIONS shall be submitted in accordance with law: MAIN STREET RECONSTRUCTION PROJECT PROPOSITION "Shall the City Council of the City of Cibolo,Texas be authorized to issue bonds of the City, in one or more series, in the aggregate principal amount not to exceed $3,175,000 for the purpose of constructing street, sidewalk and drainage improvements relating to the Main Street Reconstruction Project,with said bonds to mature not later than thirty years from their date of issuance, bear interest, and be issued and sold in accordance with law at the time of issuance, all within the discretion of the City Council; 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, within the limits provided by law, to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity?" WATERWORKS AND SEWER SYSTEM IMPROVEMENTS PROPOSITION "Shall the City Council of the City of Cibolo, Texas be authorized to issue bonds of the City, in one or more series, in the aggregate principal amount not to exceed $3,025,000 for the purpose of constructing waterworks and sewer system improvements, with said bonds to mature not later than thirty years from their date of issuance,bear interest, and be issued and sold in accordance with law at the time of issuance, all within the discretion of the City Council; 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,within the limits provided by law, to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity?" DRAINAGE IMPROVEMENTS PROPOSITION "Shall the City Council of the City of Cibolo, Texas be authorized to issue bonds of the City, in one or more series, in the aggregate principal amount not to exceed $600,000 for the purpose of constructing drainage improvements,including,but not A-1 limited to, drainage improvements related to the Town Creek West Phase 1 Project, with said bonds to mature not later than thirty years from their date of issuance,bear interest, and be issued and sold in accordance with law at the time of issuance, all within the discretion of the City Council; 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,within the limits provided by law,to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity?" LAND AND BUILDINGS FOR VARIOUS MUNICIPAL DEPARTMENTS, INCLUDING, BUT NOT LIMITED TO, THE PUBLIC WORKS DEPARTMENT, THE UTILITIES DEPARTMENT AND THE ANIMAL CONTROL FACILITY DEPARTMENT PROPOSITION "Shall the City Council of the City of Cibolo,Texas be authorized to issue bonds of the City, in one or more series, in the aggregate principal amount not to exceed $1,550,000 for the purpose of acquiring,constructing and improving a parcel of land and buildings for use jointly by various municipal departments, including, but not limited to,the City's Public Works Department,Utilities Department and the Animal Control Facility Department, with said bonds to mature not later than thirty years from their date of issuance,bear interest, and be issued and sold in accordance with law at the time of issuance,all within the discretion of the City Council;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,within the limits provided by law,to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity?" FORM OF BALLOT. 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: MAIN STREET RECONSTRUCTION PROJECT PROPOSITION ❑ FOR THE ISSUANCE OF NOT TO EXCEED $3,175,000 IN PRINCIPAL AMOUNT OF BONDS FOR CONSTRUCTING STREET, SIDEWALK AND DRAINAGE IMPROVEMENTS RELATING TO THE MAIN STREET RECONSTRUCTION ❑ AGAINST PROJECT AND LEVYING THE TAX IN PAYMENT THEREOF WATERWORKS AND SEWER SYSTEM IMPROVEMENTS PROPOSITION ❑ FOR THE ISSUANCE OF NOT TO EXCEED $3,025,000 IN PRINCIPAL AMOUNT OF BONDS FOR CONSTRUCTION OF WATERWORKS AND SEWER SYSTEM IMPROVEMENTS ❑ AGAINST AND LEVYING THE TAX IN PAYMENT THEREOF A-2 DRAINAGE IMPROVEMENTS PROPOSITION ❑ FOR THE ISSUANCE OF NOT TO EXCEED$600,000 IN PRINCIPAL AMOUNT OF BONDS FOR DRAINAGE IMPROVEMENTS INCLUDING, BUT NOT LIMITED TO, DRAINAGE IMPROVEMENTS RELATED TO THE TOWN CREEK WEST PHASE 1 PROJECT AND LEVYING THE TAX IN PAYMENT ❑ AGAINST THEREOF LAND AND BUILDINGS FOR VARIOUS MUNICIPAL DEPARTMENTS,INCLUDING, BUT NOT LIMITED TO, THE PUBLIC WORKS DEPARTMENT, THE UTILITIES DEPARTMENT AND THE ANIMAL CONTROL FACILITY DEPARTMENT PROPOSITION ❑ FOR THE ISSUANCE OF NOT TO EXCEED$1,550,000 IN PRINCIPAL AMOUNT OF BONDS FOR ACQUIRING, CONSTRUCTING AND IMPROVING A PARCEL OF LAND AND BUILDINGS FOR USE JOINTLY BY VARIOUS MUNICIPAL DEPARTMENTS, INCLUDING, BUT NOT LIMITED TO, THE CITY'S PUBLIC WORKS DEPARTMENT,UTILITIES DEPARTMENT AND THE ANIMAL CONTROL FACILITY DEPARTMENT AND LEVYING ❑ AGAINST THE TAX IN PAYMENT THEREOF ELECTORS. All resident, qualified electors of the City shall be entitled to vote at said election. ****** A-3 CERTIFICATE FOR ORDINANCE THE STATE OF TEXAS § COUNTY OF GUADALUPE § CITY OF CIBOLO § I,the undersigned City Secretary of said City,hereby certify as follows: 1. The City Council of said City convened in SPECIAL MEETING ON THE 23RD DAY OF FEBRUARY, 2007, at the City Hall, and the roll was called of the duly constituted officers and members of said City Council,to wit: Johnny Sutton,Mayor Bede Ramcharam, Councilmember,Place 3 Chad Royal, Councilmember,Place 1 Mark Winn, Councilmember,Place 4 Tony Krasnai, Councilmember,Place 2 Diane Davis, Councilmember,Place 5 and all of said officers and members of said City Council were present, except the following absentees: None ,thus constituting a quorum. Whereupon,among other business,the following was transacted at said Meeting: a written ORDINANCE CALLING A BOND ELECTION TO BE HELD ON MAY 12, 2007 TO CONSIDER THE FOLLOWING PROPOSITIONS: (1) MAIN STREET RECONSTRUCTION PROJECT PROPOSITION; (2) WATERWORKS AND SEWER SYSTEM IMPROVEMENTS PROPOSITION; (3)DRAINAGE IMPROVEMENTS PROPOSITION;AND (4)LAND AND BUILDINGS FOR VARIOUS MUNICIPAL DEPARTMENTS, INCLUDING, BUT NOT LIMITED TO, THE PUBLIC WORKS DEPARTMENT, THE UTILITIES DEPARTMENT AND THE ANIMAL CONTROL FACILITY DEPARTMENT PROPOSITION was duly introduced for the consideration of said City Council. It was then duly moved and seconded that said Ordinance be adopted;and,after due discussion,said motion carrying with it the adoption of said Ordinance,prevailed and carried by the following vote: AYES: 6 NOES: 0 ABSTENTIONS: 0 2. That a true, full and correct copy of the aforesaid Ordinance adopted at the Meeting 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 thatsaidOrdinance would be introduced and considered for passage 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 23'day of February,2007. (SEAL) - - City Secretary, City of Cibolo,Texas