HomeMy WebLinkAboutOrdinance No. 2013-40 (Title: An ordinance supplementing Ordinance No. 2013-31 calling a Bond Election on
November 5,2013.)
ORDINANCE NO. 2013-40
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FRIENDSWOOD, TEXAS, SUPPLEMENTING
ORDINANCE NO. 2013-31 CALLING A BOND ELECTION
TO BE HELD WITHIN THE CITY ON NOVEMBER 5, 2013;
MAKING PROVISION FOR THE CONDUCT OF THE
ELECTION; AND CONTAINING OTHER PROVISIONS
INCIDENTAL THERETO.
WHEREAS, the City Council of the City of Friendswood, Texas (the "City") deems it
advisable to call the election hereinafter ordered; and
WHEREAS, the election is subject to the provisions of Section 43.004(b), Texas
Election Code (the "Code"), which requires that the City share voting locations on election day
with Galveston County and Harris County (the "Counties"), and the City is authorized by the
Code to also share voting locations for early voting with the Counties; and
WHEREAS, the City has determined that it is in the best interest of its citizens and
voters to contract with the Galveston County Clerk, acting as the elections administrator for
Galveston County (the "Galveston Election Administrator"), pursuant to an election services
agreement (the "Galveston Election Services Agreement'), to provide for the administration of
the election in Galveston County by the Galveston Election Administrator; and
WHEREAS, the City has determined that it is in the best interest of its citizens and
voters to contract with the Harris County Clerk, acting as the elections administrator for Harris
County (the "Harris Election Administrator"), pursuant to an election services agreement (the
"Harris Election Services Agreement" and collectively with the Galveston Elections Services
Agreement, the "Election Services Agreements"), to provide for the administration of the
election in Harris County by the Harris Election Administrator; and
WHEREAS, on August 12, 2013, the City Council of the City passed and approved
Ordinance No. 2013-29 calling a Bond Election on November 5, 2013, which ordinance was
determined to be in compliance with applicable laws but which contained one or more
typographical errors; and
WHEREAS, on August 26, 2013, the City Council of the City passed and approved
Ordinance No. 2013-31 in order to provide for the correction of errors determined to exist in
Ordinance No. 2013-29 and to provide updated polling place locations which had been identified
since the adoption of Ordinance No. 2013-29; and
WHEREAS, since the adoption of Ordinance No. 2013-31, the City has been apprised by
the Galveston County Clerk of certain changes and/or removal of early voting polling locations
and times; and
WHEREAS, although Section 3 of Ordinance No. 2013-31 provides for the automatic
modification of early voting locations and times as described in Exhibit B of the ordinance
without further action of City Council, the City Council nonetheless wishes to adopt this
ordinance in order to ensure that up-to-date, accurate information is provided to eligible voters;
and
WHEREAS, it is hereby officially found and determined that holding the hereinafter
called election on the date set forth below is in the public interest; and that the meeting was open
to the public, and public notice of the time, place and purpose of the meeting was given, all as
required by Chapter 551, Texas Government Code.
Ord.No.2013-40 2
THEREFOR, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS:
1. Incorporation of Preambles. The statements contained in the preamble of this
Ordinance are true and correct and are hereby adopted as findings of fact and as a part of the
operative provisions hereof.
2. Election Called. A bond election shall be held in the City between the hours of
7:00 A.M. and 7:00 P.M. on November 5, 2013, at the designated polling places for residents of
the City who reside in Galveston County and Harris County, as set forth in Exhibit A hereto.
Exhibit A shall be automatically modified without further action of the Council to include
additional or different Election Day polling places designated by the respective County Election
Administrator, and to conform to the Election Services Agreements; the notices of the election
shall be conformed to such final list.
3. Early Voting Locations and Times. Early voting by personal appearance shall
be available for City residents of Galveston County at all locations and times established by the
Galveston Election Administrator pursuant to the Galveston Election Services Agreement and
for all City residents of Harris Cormty at all locations and times established by the Harris
Election Administrator pursuant to the Harris Election Services Agreement, in each case as set
forth in Exhibit B hereto. Exhibit B shall be automatically modified without further action of the
Council to include additional or different early voting polling places and times designated by the
respective Election Administrator of the Counties, and to conform to the respective Election
Services Agreement; the notices of the Election shall be conformed to such final lists provided to
the City by the respective Election Administrator.
4. Galveston County Early Voting Clerk and Application for Ballot. The Early
Voting Clerk for voting for Galveston County residents shall be Dwight D. Sullivan, Galveston
County Clerk and Galveston Election Administrator. Applications for early voting for Galveston
County residents of the City should be sent to the following address:
By Regular Mail By Fax By Common or Contract Carrier
Galveston County Courthouse
Galveston County Cleric Dwight D. Sullivan
Elections Division (409) 765-3249 Galveston County Clerk
P. O. Box 17253 Election Department
Galveston, Texas 77552-7253 600 59`h St., 2"'Floor, Suite 2001
Galveston, TX 77551
Ord.No.2013-40 3
5. Harris County Early Voting Clerk and Application for Ballot. The Early
Voting Clerk for voting for Harris County residents of the City shall be Stan Stanart, Harris
County Cleric and Harris Election Administrator. Applications for early voting for Harris County
residents of the City should be requested as follows:
By Regular Mail By Fax By Common or Contract Carrier
Stan Stanart, (713) 755-4983 Stan Stanart,
Harris County Clerk or Harris County Clerk,
Attn: Elections Division 1001 Preston
P.O. Box 1148 (713) 437-8683 4th Floor,Room. 440
Houston, TX 77251-1148 Houston, TX 77002
6. Deadline for Applications by Mail or Fax. Applications to vote by mail or fax,
as applicable, shall be delivered to the respective Early Voting Clerk,must be sent no earlier than
September 6,2013, and no later than the close of business on October 25, 2013.
7. Election Officials. The appointment of the Presiding Election Judges, Alternate
Presiding Judges and Early Voting Clerks and Deputy Early Voting Clerks for the designated
polling places in each County shall be made by the respective Election Administrator in
accordance with the respective Election Services Agreement.
8. Right to Vote. All resident, qualified electors of the City shall be entitled to vote
at the election.
9. Notice of Election. Notice of the election shall be given by posting an election
notice on the bulletin board used for posting notices of the meetings of the City Council, and at
three other places in the City, not less than 21 days prior to the date set for the election; and an
election notice and sample ballot also shall be published on the same day in each of two
successive weeks in a newspaper of general circulation published in the City, the date of the first
publication to be not earlier than the 30th day or later than the 14th day prior to the date set for
the election.
10. Propositions to be Voted on. At the election the following PROPOSITIONS shall
be submitted in accordance with applicable law:
PROPOSITION NO. 1
Shall the City Council of the City of Friendswood be authorized to issue the
bonds of the City, in one or more series or issues, in the aggregate principal
amount of$6,565,000,with the bonds of each such series or issue, respectively, to
mature serially within not to exceed 30 years from their date, and to be sold at
Ord.No.2013-40 4
such prices and bear interest at such rates as shall be determined within the
discretion of the City Council, for the purpose of designing, improving, expanding
and equipping City Fire Station Number 4 and designing, constructing, improving
and equipping a new fire station adjacent to the Public Safety Building in the
City, and shall the City Council be authorized to levy and cause to be assessed
and collected annual ad valorem taxes in an amount sufficient to pay the annual
interest on the bonds and provide a sinking fund to pay the bonds at maturity?
PROPOSITION NO. 2
Shall the City Council of the City of Friendswood be authorized to issue the
bonds of the City, in one or more series or issues, in the aggregate principal
amount of$2,525,000, with the bonds of each such series or issue, respectively, to
mature serially within not to exceed 30 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 purpose of designing, improving and
expanding the municipal library, and shall the City Council be authorized to levy
and cause to be assessed and collected annual ad valorem taxes in an amount
sufficient to pay the annual interest on the bonds and provide a sinking fund to
pay the bonds at maturity?
PROPOSITION NO. 3
Shall the City Council of the City of Friendswood be authorized to issue the
bonds of the City, in one or more series or issues, in the aggregate principal
amount of$7,285,000, with the bonds of each such series or issue, respectively, to
mature serially within not to exceed 30 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 purpose of designing, constructing,
improving, expanding and equipping parks, trails and recreational facilities in the
City, and the acquisition of land and interests in land for such purposes, including
improvements to and expansion of, Centennial Park, Lake Friendswood, Sports
Park, Stevenson Park and the acquisition and improvement of land for new parks
in the City, and shall the City Council be authorized to levy and cause to be
assessed and collected annual ad valorem taxes in an amount sufficient to pay the
annual interest on the bonds and provide a sinking fund to pay the bonds at
maturity?
PROPOSITION NO. 4
Shall the City Council of the City of Friendswood, Texas, be authorized to issue
the bonds of the City, in one or more series or issues, in the aggregate principal
amount of$7,710,000, with the bonds of each such series or issue, respectively,to
mature serially within not to exceed 30 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 purpose of designing, constructing,
Ord.No.2013-40 5
improving, extending, expanding, upgrading and developing streets and roads,
bridges and intersections including utility relocation, landscaping, sidewalks,
traffic safety and operational improvements, the purchase of any necessary right-
of-way, drainage and other related costs in the City, including, but not limited to,
such improvements for Blackhawk Boulevard, Mary Ann Drive, Shadowbend
Avenue, Townes Road, Winding Road and Woodlawn Drive, and shall the City
Council be authorized to levy and cause to be assessed and collected annual ad
valorem taxes in an amount sufficient to pay the annual interest on the bonds and
provide a sinking fund to pay the bonds at maturity?
11. Official Ballot Wording. The official ballots for the 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
THE ISSUANCE OF $6,565,000 TAX BONDS FOR
FOR ) DESIGNING, IMPROVING, EXPANDING AND
EQUIPPING CITY FIRE STATION NUMBER 4 AND
DESIGNING, CONSTRUCTING, IMPROVING AND
AGAINST ) EQUIPPING A NEW FIRE STATION ADJACENT TO
THE PUBLIC SAFETY BUILDING IN THE CITY.
PROPOSITION NO. 2
FOR ) THE ISSUANCE OF $2,525,000 TAX BONDS FOR THE
PURPOSE OF DESIGNING, IMPROVING AND
AGAINST ) EXPANDING THE MUNICIPAL LIBRARY.
PROPOSITION NO. 3
Ord.No.2013-40 6
THE ISSUANCE OF $7,285,000 TAX BONDS FOR THE
PURPOSE OF DESIGNING, IMPROVING AND
EXPANDING PARKS AND RECREATIONAL
FOR ) FACILITIES IN THE CITY, AND THE ACQUISITION OF
LAND AND INTERESTS IN LAND FOR SUCH
PURPOSES, INCLUDING IMPROVEMENTS TO AND
AGAINST ) EXPANSION OF, CENTENNIAL PARK, LAKE
FRIENDSWOOD, SPORTS PARK, STEVENSON PARK
AND THE ACQUISITION AND IMPROVEMENT OF
LAND FOR NEW PARKS IN THE CITY.
PROPOSITION NO. 4
THE ISSUANCE OF $7,710,000 TAX BONDS FOR ROAD
FOR ) AND STREET IMPROVEMENTS IN THE CITY,
INCLUDING, BUT NOT LIMITED TO, IMPROVING
BLACKHAWK BOULEVARD, MARY ANN DRIVE,
AGAINST ) SHADOW BEND AVENUE, TOWNES ROAD, WINDING
ROAD AND WOODLAWN DRIVE.
12. Compliance with Applicable Laws. In all respects the election shall be
conducted in accordance with the Code and any other applicable laws. Pursuant to the federal
Help America Vote Act and the Code, each polling place shall be provided at least one voting
system equipped for individuals with disabilities. Sufficient voting equipment to accommodate
the voters shall be provided for Early Voting and at the polling place on Election Day.
13. Severability Provision. If any provision, section, subsection, sentence, clause or
phrase of this Ordinance, or the application of the 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.
14. Effective Date of Ordinance. In accordance with the provisions of V.T.C.A.,
Government Code, Section 1201.028, and Section 3.11(b) of the Charter of the City, this
Ordinance shall be effective immediately upon its adoption by the City Council on first and final
reading.
PASSED AND APPROVED this 7u' day of October,2013.
Ord.No.2013-40 7
Kevin M 3 and
Mayor �
ATTEST: Hand
14 CXX • � . p .
Melinda Welsh, TRMC '
City Secretary
�9TFOF'�� Qy
Ord.No.2013-40 8
EXHIBIT A
ELECTION DAY VOTING LOCATIONS, DATES AND HOURS
Tuesday,November 05, 2013 7:00 AM—7:00 PM
For City Voters Who Reside in Galveston County
Election Precinct Nos. 456,457,
460,461,462,483,484,
and 485: Boundaries the same as those portions of Galveston County
Election Precinct 456, 457, 460, 461, 462, 483, 484, and 485,
lying within the City limits of the City of Friendswood.
Friendswood City Hall Friendswood Church of Christ
910 S. Friendswood Drive 2051 Parkwood Avenue, Rooms 15 & 16
Friendswood, 77546 Friendswood, 77546
Old Friendswood Junior High School Dickinson Community Center
402 Laurel 2714 Highway 3
Friendswood, 77546 Dickinson, 77539
Rebecca Sealy Hospital Kemah Civic Center
Classroom Facility, First Floor 800 Harris Avenue @ Highway 146
404 8th Street Kemah, 77575
Galveston, 77555
Galveston County Courthouse San Leon Volunteer Fire Department
722 Moody, 2nd Floor 12th Street &Avenue D
Galveston, 77550 San Leon, 77539
Island Community Center Bacliff Community Center
4700 Broadway Blvd. 4503 11th Street
Galveston, 77551 Bacliff, 77518
L.A. Morgan Elementary Bay Colony Elementary School
1410 371h Street 101 Bay Colony Elementary @ Highway
Galveston, 77550 646
League City, 77539
Moody Methodist Church Harborview Care Center
Fellowship Hall 300 Enterprise Avenue
2803 53`d Street League City, 77573
Galveston, 77551
Weis Middle School CCISD Admin. Building—Board Room
7100 Stewart Road 2425 East Main Street
Galveston, 77551 League City, 77573
Seaside Baptist Church League City Civic Center
16534 Termini San Luis Pass Rd Rooms 1 & 2
Jamaica Beach, 77554 400 West Walker
League City, 77573
Ord.No.2013-40 9
MUD 12 League City Intermediate School
2929 Highway 6 2588 Webster Street
Bayou Vista, 77563 League City, 77573
Highland Creek Camp [formerly Camp Victory Lakes Intermediate School
Good News] 2880 West Walker
6205 Delany Road League City, 77573
Hitchcock, 77563
Greater St. Matthews Baptist Church, Bauerschlag Elementary
Foyer 2051 West League City Parkway
6333 Highway 6 League City, 77573
Hitchcock, 77563
Runge Park Community Center Dominion Church
4605 Peck Avenue 401 Landing Blvd.
Santa Fe, 77517 League City, 77573
West County Building Creekside Intermediate School
Court Room 4320 West Main
11730 Highway 6 League City, 77573
Santa Fe, 77510
Joe Faggard Community Center College of the Mainland
1700 Highway 87 Fine Arts Building, Foyer
Crystal Beach 77650 1200 Amburn Road
Texas City, 77591
La Marque City Hall Calvary Baptist Church
Community Room 517 18t" Avenue North
1109 Bayou Road Texas City, 77590
La Marque 77568
Nessler Center Carver Park Community Center
Surf Room "Carter Room"
2010 5"'Avenue North 6415 Park Avenue
Texas City, 77590 Texas City, Texas 77591
Northside Baptist Church
2901 Logan
Texas City, 77590
Ord.No.2013-40 10
For City Voters Who Reside in Harris County
Election Precinct Nos. 378 474
and Part of Election Precinct
No. 655: Boundaries the same as those portions of Harris County
Election Precinct 378, 474, and part of Election Precinct No.
655,lying within the City limits of the City of Friendswood.
Precinct 378 Precinct 474
Forest Bend Civic Building Clear Brook High School
4300 Laura Leigh Lane @ Townes Rd 4607 FM 2351 Road
Friendswood 77546 Friendswood 77546
Precinct 655
P.H. Greene Elementary School
2903 Friendswood Link Rd @ Fife Lane
Webster 77598
Ord.No.2013-40 11
EXHIBIT B
EARLY VOTING LOCATIONS, DATES AND HOURS
For City Voters Who Reside in Galveston County
Election Precinct Nos. 456,457,
460, 461,462,483,484,
and 485: Boundaries the same as those portions of Galveston County
Election Precinct 456, 457, 460, 461, 462, 483, 484, and 485,
lying within the City limits of the City of Friendswood.
October 21-25, 2013: 8:00 AM—5:00 PM
October 26, 2013: 7:00 AM—7:00 PM
October 28-November 1, 2013: 7:00 AM—7:00 PM
Friendswood City Hall North Galveston County Annex
910 S. Friendswood Drive 174 Calder Road
Friendswood, 77546 League City, 77573
West County Building Galveston County Justice Center
Court Room Second Floor Conference Room
11730 Highway 6 600 59th Street
Santa Fe, 77510 Galveston, 77551
Carver Park Community Center Nessler Center
Carter Room Surf Room
6415 Park Avenue 2010 Fifth Avenue North
Texas City, 77591 Texas City, 77590
Dickinson Community Center Joe Faggard Community Center
2714 Highway 3 1700 Highway 87
Dickinson, 77539 Crystal Beach, 77650
MUD 12 Bacliff Community Center
2929 Hwy. 6 4503 11th Street
Bayou Vista, 77563 Bacliff, 77518
For City Voters Who Reside in Harris County
Election Precinct Nos. 378, 474,
and Part of Election Precinct
No. 655: Boundaries the same as those portions of Harris County
Election Precinct 378, 474, and part of Election Precinct No.
655,lying within the City limits of the City of Friendswood.
October 21-25, 2013: 8:00 AM—4:30 PM
October 26, 2013: 7:00 AM—7:00 PM
Ord.No.2013-40 12
October 27, 2013: 1:00 PM—6:00 PM
October 28-November 1, 2013: 7:00 AM—7:00 PM
Freeman Branch Library Harris County Administration Bldg.
16616 Diana Lane 1001 Preston, 1 st Floor
Houston, TX 77062 Houston, TX 77002
Holy Name Catholic Church/Gym Kashmere Multi-Services Center
1912 Marion St. 4802 Lockwood Dr.
Houston, TX 77009 Houston, TX 77026
Ripley House H.C.C.S. Southeast College, Learning Hub
4410 Navigation Blvd. 6815 Rustic, Bldg. D
Houston, TX 77011 Houston, TX 77087
Justice of the Peace/Constable Entry Fiesta Mart, Inc.
5300 Griggs Road 8130 Kirby Drive
Houston, TX 77021 Houston, TX 77054
Metropolitan Multi-Services Center Harris County Public Health Environmental
1475 W. Gray Services
Houston, TX 77019 2223 West Loop South
Houston, TX 77027
Northeast Multi-Service Center Galena Park Library
9720 Spaulding St., Bldg#4 1500 Keene St.
Houston, TX 77016 Galena Park, TX 77547
I.B.E.W. Hall #66 Sunnyside Multi-Purpose Center
4345 Allen Genoa Road 4605 Wilmington
Pasadena, TX 77504 Houston, TX 77051
Hiram Clark Multi-Service Center Bayland Park Community Center
3810 W. Fuqua 6400 Bissonnet (near Hillcroft)
Houston, TX 77045 Houston, TX 77074
Tracy Gee Community Center Trini Mendenhall Sosa Comm. Center
3599 Westeenter Drive 1414 Wirt Road
Houston, TX 77042 Houston, TX 77055
(one block East of Sam Houston
Tollway)
Lone Star College—Victory Center Acres Homes Multi-Services Center
4141 Victory Drive 6719 W. Montgomery Road
Houston, TX 77088 Houston, TX 77091
Hardy Senior Center Octavia Fields Branch Library
11901 West Hardy Road 1503 South Houston Ave.
Houston, TX 77076 Humble, TX 77338
Kingwood Branch Library Northeast Houston Baptist Church
4400 Bens View Lane 18000 W. Lake Houston Pkwy.
Kingwood, TX 77345 Humble, TX 77346
Crosby ISD Administration Building North Channel Branch Library
706 Runneburg Road 15741 Wallisville Road
Crosby,TX 77532 Houston, TX 77049
Ord.No.2013-40 13
Baytown Community Center Harris County Courthouse Annex#25
2407 Market Street 7330 Spencer Highway
Baytown, TX 77520 Pasadena, TX 77505
Henington-Alief Regional Library Glen Cheek Education Building
7979 South Kirkwood 16002 Westheimer Parkway
Houston, TX 77072 Houston, TX 77082
Nottingham Park Franz Road Storefront
926 Country Place Dr. 19818 Franz Road
Houston, TX 77079 Katy, TX 77449
Bear Creel,Park Community Center City of Jersey Village-City Hall
3055 Bear Creek Dr. @ Patterson Rd. 16327 Lakeview Drive
Houston, TX 77084 Jersey Village, TX 77040
Cypress Top Park Prairie View A&M University-Northwest
26026 Hempstead Highway 9449 Grant Road
Cypress, TX 77429 Houston, TX 77070
Tomball Public Works Building Champion Forest Baptist Church/Multi-
501B James St. Purpose Bldg.
Tomball, TX 77375 4840 Strack Road
Houston, TX 77069
Champion Life Centre Baldwin Boettcher Branch Library
3031 FM 2920 Road 22248 Aldine Westfield Road
Spring, TX 77388 Humble, TX 77338
Ord.No.2013-40 14