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HomeMy WebLinkAboutOrdinance No. 2019-34 (Title: An ordinance calling a Bond Election on November 5, 2019.) ORDINANCE NO. 2019-3-4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, CALLING A BOND ELECTION TO BE HELD WITHIN THE CITY ON NOVEMBER 5, 2019; 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, 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 at which this Ordinance was adopted 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. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section 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. Section 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. 2019 (the "Election'), 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 and/or the Election Administrator, and to conform to the Galveston County Election Services Agreement and the Harris County Election Services Agreement, as applicable:the notices of the Election shall be conformed to such final list. Section 3. Early Voting Locations and Times. Early voting by personal appearance shall be available for City residents of Galveston County and Harris County at all locations and times established by the Galveston County Election Administrator pursuant to the Galveston County Election Services Agreement and as established by the Harris County Election Administrator pursuant to the Harris County Election Services Agreement, 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 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 Counties and/or the respective Election Administrator. Section -4. Galveston County Early Voting Clerk and Application for Ballot. The Early Voting Clerk for voting for the Election shall be Dwight D. Sullivan. Galveston County Clerk and Galveston County Election Officer. Applications for early voting for all residents of the City should be sent to the following address: By Regular Mail By Fax11' By Common or Contract Carrier Galveston County Courthouse Galveston County Clerk Dwight D. Sullivan Elections Division (409) 765-3249 Galveston County Clerk P. O. Box 17253 Election Department Galveston, Texas 77552-7253 600 59th St., 2nd Floor, Suite 2001 Galveston, TX 77551 By email11': absenteeballotapplicationsra)co.galveston.tx.us 11'If an application is sent by fax or email,the original must still be mailed to address shown above for Regular Mail. Section 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 Diane Trautman, Harris County Clerk and Harris County Election Administrator. Applications for early voting for Harris County residents of the City should be requested as follows: By Regular Mail By Fax11' By Common or Contract Carrier Diane Trautman (713) 755-4983 Diane Trautman 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 772 5 1-1 1 48 Houston, TX 77002 By email11': BBMCdcco.hctx.net 11'If an application is sent by fax or email,the original must still be mailed to address shown above for Regular Mail. Section 6. Deadline for Applications by Mail or Fax. The last day to submit an application for a ballot to the respective Early Voting Clerk to be voted by mail (a) by personal delivery is October 18. 2019. and (b)by mail is the close of business on October 25, 2019. Section 7. Ri2ht to Vote. All resident, qualified electors of the City shall be entitled to vote at the Election. Section 8. Propositions. At the Election the following propositions shall be submitted in accordance with law: CITY OF FRIENDS WOOD. TEXAS SPECIAL ELECTION CITY OF FRIENDS WOOD. TEXAS PROPOSITION A Ord No 2019-34 Shall the City Council of the City of Friendswood. Texas, be authorized to issue and sell the bonds of said City, in one or more series or issues, in the aggregate principal amount of $2,000,000, for the public purpose of designing, constructing, improving, and expanding the Municipal Public Works Facility located off of Blackhawk Boulevard in the City: with said bonds to be issued in one or more series or issues, to mature serially or otherwise not to exceed 40 years from their date and bear interest at such rate or rates, not to exceed the respective limits prescribed by law at the time of issuance, and to be sold at such price or prices, as the City Council in its discretion shall determine: and shall there be levied and pledged, assessed and collected annually ad valorem taxes on all taxable property in said City in an amount sufficient, within the limits prescribed by law, to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? CITY OF FRIENDS WOOD. TEXAS SPECLAL ELECTION CITY OF FRIENDS WOOD. TEXAS PROPOSITION B Shall the City Council of the City of Friendswood. Texas, be authorized to issue and sell the bonds of said City, in one or more series or issues, in the aggregate principal amount of $9,100,000, for the public purpose of constructing, improving, renovating and equipping public safety facilities for the fire and police departments consisting of the Municipal Public Safety Building and a new fire station and training field to replace Fire Station Number 2 in the City: with said bonds to be issued in one or more series or issues,to mature serially or otherwise not to exceed 40 years from their date and bear interest at such rate or rates, not to exceed the respective limits prescribed by law at the time of issuance, and to be sold at such price or prices, as the City Council in its discretion shall determine: and shall there be levied and pledged, assessed and collected annually ad valorem taxes on all taxable property in said City in an amount sufficient, within the limits prescribed by law, to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? CITY OF FRIENDS WOOD. TEXAS SPECLAL ELECTION CITY OF FRIENDS WOOD. TEXAS PROPOSITION C Shall the City Council of the City of Friendswood. Texas, be authorized to issue and sell the bonds of said City, in one or more series or issues, in the aggregate principal amount of $9,000,000, for the public purpose of designing, constructing, improving, and expanding the Nlunicipal Community Center located off of Moruingside Drive in the City: with said bonds to be issued in one or more series or issues, to mature serially or otherwise not to exceed 40 years from their date and bear interest at such rate or rates, not to exceed the respective limits prescribed by law at the time of issuance, and to be sold at such price or prices, as the City Council in its discretion shall determine: and shall there be levied and pledged, assessed and collected annually ad valorem taxes on all taxable property in said City in an amount sufficient, within the limits prescribed by law, to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? CITY OF FRIENDS WOOD. TEXAS SPECLAL ELECTION CITY OF FRIENDS WOOD. TEXAS PROPOSITION D Shall the City Council of the City of Friendswood. Texas, be authorized to issue and sell the bonds of said City, in one or more series or issues, in the aggregate principal amount of $7,600,000, for the public purpose of improving, renovating, upgrading and reconstructing transportation and pedestrian facilities in the City, including existing streets and roads in the City, related bridges and intersections, utility relocation, landscaping, sidewalks, signalization and signage, the acquisition of any necessary right-of-way, and other Ord No 2019-34 3 related costs for such projects, including the extension of Friendswood Lakes Boulevard (also known as Friendswood Parkway), the installation of sidewalks throughout the City and various traffic enhancements along major collector and arterial roadways throughout the corporate limits of the City: with said bonds to be issued in one or more series or issues,to mature serially or otherwise not to exceed 40 years from their date and bear interest at such rate or rates, not to exceed the respective limits prescribed by law at the time of issuance, and to be sold at such price or prices, as the City Council in its discretion shall determine: and shall there be levied and pledged, assessed and collected annually ad valorem taxes on all taxable property in said City in an amount sufficient, within the limits prescribed by law, to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? CITY OF FRIENDS WOOD. TEXAS SPECLAL ELECTION CITY OF FRIENDS WOOD. TEXAS PROPOSITION E Shall the City Council of the City of Friendswood. Texas, be authorized to issue and sell the bonds of said City, in one or more series or issues, in the aggregate principal amount of $8,000,000, for the public 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 Stevenson Park, Old City Park, Renwick Park, 1776 Park and the City Pooh with said bonds to be issued in one or more series or issues, to mature serially or otherwise not to exceed 40 years from their date and bear interest at such rate or rates, not to exceed the respective limits prescribed by law at the time of issuance, and to be sold at such price or prices, as the City Council in its discretion shall determine: and shall there be levied and pledged, assessed and collected annually ad valorem taxes on all taxable property in said City in an amount sufficient, within the limits prescribed by law, to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? CITY OF FRIENDS WOOD, TEXAS SPECLAL ELECTION CITY OF FRIENDS WOOD, TEXAS PROPOSITION F Shall the City Council of the City of Friendswood. Texas, be authorized to issue and sell the bonds of said City, in one or more series or issues, in the aggregate principal amount of $41,000,000, for the public purpose of constructing, acquiring and installing stormwater drainage and flood control improvements along Clear Creek throughout the corporate limits of the City, including dredging, channel improvements and related infrastructure and utility relocation and the acquisition of land and interests in land necessary for said improvements: with said bonds to be issued in one or more series or issues, to mature serially or otherwise not to exceed 40 years from their date and bear interest at such rate or rates, not to exceed the respective limits prescribed by law at the time of issuance, and to be sold at such price or prices, as the City Council in its discretion shall determine: and shall there be levied and pledged, assessed and collected annually ad valorem taxes on all taxable property in said City in an amount sufficient, within the limits prescribed by law,to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? Section 9. Official Ballots. The official ballots for the Election shall be prepared in accordance with the Code, so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid propositions which shall be set forth in substantially the following form: CITY OF FRIENDS WOOD, TEXAS SPECLAL ELECTION CITY OF FRIENDS WOOD, TEXAS PROPOSITION A Ord No 2019-34 4 THE ISSUANCE OF $2,000,000 TAX BONDS BY THE CITY OF FOR ( ) FRIENDSWOOD. TEXAS FOR DESIGNING, CONSTRUCTING, IMPROVING, AND EXPANDING THE MUNICIPAL PUBLIC WORKS FACILITY LOCATED OFF OF BLACKHAWK AGAINST ( ) BOULEVARD IN THE CITY. TAXES SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS WILL BE IMPOSED. CITY OF FRIENDS WOOD, TEXAS SPECIAL ELECTION CITY OF FRIENDSWOOD, TEXAS PROPOSITION B THE ISSUANCE OF $9,100,000 TAX BONDS BY THE CITY OF FOR ( ) FRIENDSWOOD. TEXAS FOR CONSTRUCTING, IMPROVING, RENOVATING AND EQUIPPING PUBLIC SAFETY FACILITIES FOR THE FIRE AND POLICE DEPARTMENTS, CONSISTING OF THE MUNICIPAL PUBLIC SAFETY BUILDING AND A NEW FIRE STATION AND TRAINING FIELD TO REPLACE FIRE STATION AGAINST ( ) NUMBER 2 IN THE CITY. TAXES SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS WILL BE IMPOSED. CITY OF FRIENDS WOOD, TEXAS SPECIAL ELECTION CITY OF FRIENDS WOOD. TEXAS PROPOSITION C THE ISSUANCE OF $9,000,000 TAX BONDS BY THE CITY OF FOR ( ) FRIENDSWOOD. TEXAS FOR DESIGNING, CONSTRUCTING, IMPROVING, AND EXPANDING THE MUNICIPAL COMMUNITY CENTER LOCATED OFF OF MORNINGSIDE DRIVE IN THE CITY. AGAINST ( ) TAXES SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS WILL BE IMPOSED. CITY OF FRIENDS WOOD. TEXAS SPECIAL ELECTION CITY OF FRIENDS WOOD. TEXAS PROPOSITION D THE ISSUANCE OF $7,600,000 TAX BONDS BY THE CITY OF FRIENDSWOOD, TEXAS FOR IMPROVING, RENOVATING. FOR ( ) UPGRADING AND RECONSTRUCTING TRANSPORTATION AND PEDESTRIAN FACILITIES IN THE CITY, INCLUDING IMPROVEMENTS TO EXISTING STREETS AND ROADS IN THE CITY AND OTHER RELATED COSTS, INCLUDING THE EXTENSION OF FRIENDSWOOD LAKES BOULEVARD (ALSO KNOWN AS FRIENDS WOOD PARKWAY), THE INSTALLATION OF SIDEWALKS THROUGHOUT THE CITY AND VARIOUS AGAINST ( ) TRAFFIC ENHANCEMENTS ALONG MAJOR COLLECTOR AND ARTERIAL ROADWAYS IN THE CITY. TAXES SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS WILL BE IMPOSED. Ord No 2019-34 5 CITY OF FRIENDS WOOD, TEXAS SPECIAL ELECTION CITY OF FRIENDSWOOD, TEXAS PROPOSITION E THE ISSUANCE OF $8,000,000 TAX BONDS BY THE CITY OF FOR ( ) FRIENDSWOOD, TEXAS FOR 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, STEVENSON PARK, OLD CITY PARK, RENWICK PARK, 1776 AGAINST ( ) PARK AND THE CITY POOL. TAXES SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS WILL BE IMPOSED. CITY OF FRIENDS WOOD, TEXAS SPECIAL ELECTION CITY OF FRIENDSWOOD, TEXAS PROPOSITION F THE ISSUANCE OF $41,000,000 TAX BONDS BY THE CITY OF FOR ( ) FRIENDSWOOD, TEXAS FOR CONSTRUCTING, ACQUIRING AND INSTALLING STORMWATER DRAINAGE AND FLOOD CONTROL IMPROVEMENTS ALONG CLEAR CREEK THROUGHOUT THE CORPORATE LIMITS OF THE CITY, INCLUDING DREDGING, CHANNEL IMPROVEMENTS AND RELATED INFRASTRUCTURE AND UTILITY RELOCATION AND AGAINST ( ) THE ACQUISITION OF LAND AND INTERESTS IN LAND NECESSARY FOR SAID IMPROVEMENTS. TAXES SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS WILL BE IMPOSED. Section 10. Required Information. In accordance with the provisions of Section 3.009(b). Texas Election Code, it is hereby found and determined that: (a) The proposition language that will appear on the ballot is set forth in Section 9 hereof. (b) The purpose for which the bonds are to be authorized is set forth in Section 8 hereof. (c) The principal amount of the bonds to be authorized is set forth in Sections 8 and 9 hereof. (d) As set forth in Sections 8 and 9 hereof, if the bonds are approved by the voters,the City Council will be authorized to levy annual ad valorem taxes on all taxable property in the City, sufficient, within the limits prescribed by law, to pay the annual principal of and interest on the bonds and provide a sinking fund to pay the bonds at maturity. (e) Based upon the bond market conditions at the date of adoption of this Ordinance,the maximum interest rate for any series of the bonds is estimated to be 5.00°o as calculated in accordance with applicable law. Such estimate takes into account a number of factors, including the issuance schedule, maturity schedule and the expected bond ratings of the proposed bonds. Such estimated maximum interest rate is provided as a Ord No 2019-34 6 matter of information, but is not a limitation on the interest rate at which the bonds, or any series thereof, may be sold. (f) As set forth in Section 8 hereof, if the bonds are approved, they may be issued in one or more series over a period not to exceed 40 years from the date of issuance of each series of bonds. (g) The aggregate amount of the outstanding principal of the City's debt obligations which are secured by ad valorem taxes as of the beginning of the City's 2018-2019 fiscal year is $57,970,000. (h) The aggregate amount of the outstanding interest of the City's debt obligations which are secured by ad valorem taxes as of the beginning of the City's 2018-2019 fiscal year is $16,139,316. (i) The ad valorem debt service tax rate for the City for the 2018-2019 fiscal year is $0.0952 per $100 of taxable assessed valuation. Section 11. 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. Section 12. 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. Ord No 2019-34 7 PASSED AND APPROVED this 12111 day of August,2019. • Mike Fo•-man Mayor ATTEST: .... .. ..... ***. Melinda Welsh, TRMC (73`1 City Secretary • . . co • .... Oi F * Ord No.2019-34 8 EXHIBIT A ELECTION DAY VOTING LOCATIONS, DATES AND HOURS November 5,2019 Joint General Election Election Day Voting Hours: 7 AM—7 PM Election Day Voting Locations Election Day Voting For City Voters Who Reside In Galveston County* Galveston County utilizes countywide voting centers. City voters may vote at any of the following locations on Election Day: Joe Faggard Community Center Rebecca Sealy Hospital 1750 Highway 87 404 8th St. Classroom (1st floor) Crystal Beach, TX 77650 Galveston, TX 77555 Galveston County Courthouse Moody Methodist Church 722 Moody Ave. 2803 53rd St. Galveston, Texas 77550 Galveston, TX 77551 Seaside Baptist Church Bayou Vista MUD 12 Building 16534 Termini-San Luis Pass Rd 2929 HWY 6 Ste. 300 Jamaica Beach, TX 77554 Bayou Vista, TX 77563 Greater St. Matthews Baptist Church West County Building 6333 Highway 6 11730 Highway 6 Hitchcock, TX 77563 Santa Fe, TX 77510 Carver Park Community Center La Marque Community Room 6415 Park Ave 1109 B Bayou Rd Texas City, TX 77591 La Marque, TX 77568 Calvary Baptist Church Nessler Center 517 18 Ave N 2010 Fifth Ave N Texas City, TX 77590 Texas City, TX 77590 Bacliff Community Center Dickinson Community Center 4503 11th St 2714 Highway 3 Bacliff, TX 77518 Dickinson, TX 77539 Kemah Community Center The Crossings 800 Harris 255 N. Egret Bay Blvd Kemah, TX 77565 League City, TX 77573 Creekside Intermediate North County Annex 4320 W. Main St 174 Calder Rd League City, TX 77573 League City, TX 77573 Friendswood City Hall Galveston ISD Administration Bldg. 910 S. Friendswood Dr. 3904 Avenue T Friendswood, TX 77546 Galveston, TX 77551 * City of Friendswood voters who reside in Galveston County will vote on election day at the above- listed vote centers. Polling locations are subject to change. To verify, please go to the Galveston County website, www.galvestonvotes.org. Election Day Voting For City Voters Who Reside In Harris County Voting for qualified voters of the City of Friendswood who reside in Harris County shall be conducted on November 5, 2019 between the hours of 7:00 A.M. and 7:00 P.M. at the following voting center locations, as designated by Harris County: Location Address Forest Bend Civic Building, Big Room 4300 Laura Leigh Lane Friendswood, Texas 77546 Clear Brook High School, Pool Foyer 4607 FM 2351 Friendswood, Texas 77546 Greater Life Church, Sanctuary 1655 FM 528 Road Webster, Texas 77598 In addition to the foregoing Harris County voting centers that are located within or near the City of Friendswood, qualified voters of the City who reside in Harris County may vote on election day at any voting center designated by Harris County. Polling locations are subject to change. A complete list of such voting centers can be viewed at https://harrisvotes.com/Votinglnfo. EXHIBIT B EARLY VOTING LOCATIONS, DATES AND HOURS Early Voting For City Voters Who Reside In Galveston County* City of Friendswood voters who reside in Galveston County may vote early at any of the following locations and at the times shown below: Dates& Times: Monday,October 21—Friday,October 25, 2019 8:00 a.m.—5:00 p.m. Monday,October 28—Friday,November 1, 2019 7.00 a.m.—7:00 p.m. MAIN EARLY VOTING POLLING PLACE Galveston County Justice Center 600—59th Street 2nd Floor Conference Room/Room 2100 Galveston, Texas 77551 EARLY VOTING BRANCH LOCATIONS Galveston County Courthouse Moody Methodist Church 722 Moody St. 2803 53rd St. Galveston, Texas 77550 Galveston, TX 77551 Seaside Baptist Church Joe Faggard Community Center 16534 Termini-San Luis Pass Rd 1750 Highway 87 Jamaica Beach, TX 77554 Crystal Beach, TX 77650 Bayou Vista MUD 12 Building Greater St. Matthews Baptist Church 2929 HWY 6 Ste. 300 6333 Highway 6 Bayou Vista, TX 77563 Hitchcock, TX 77563 West County Building Carver Park Community Center 11730 Highway 6 6415 Park Ave Santa Fe, TX 77510 Texas City, TX 77591 Nessler Center Bacliff Community Center 2010 5th Ave N 4503 11th St Texas City, TX 77590 Bacliff, TX 77518 Dickinson Community Center Kemah Community Center 2714 Highway 3 800 Harris Dickinson, TX 77539 Kemah, TX 77565 The Crossings North County Annex 255 N. Egret Bay Blvd 174 Calder Rd League City, TX 77573 League City, TX 77573 Friendswood City Hall 910 S. Friendswood Dr. Friendswood, TX 77546 * City of Friendswood voters who reside in Galveston County may vote early at the above-listed polling locations. Polling locations are subject to change. To verify, please go to the Galveston County website, www.galvestonvotes.org. Early Voting For City Voters Who Reside In Harris County HARRIS COUNTY EARLY VOTING POLLING LOCATIONS Early voting for qualified voters of the City of Friendswood who reside in Harris County shall be conducted between October 21, 2019 and November 1, 2019 at the following locations and times: Early Voting Period: Monday-Saturday 10/21/19- 10/26/19& 10/28/19- 11/01/19 7:00 a.m. -7:00 p.m. Sunday 10/27/19 1:00 p.m. - 6:00 p.m. Locations Near the City of Friendswood Freeman Branch Library 16616 Diana Lane Houston 77062 Harris County Scarsdale Annex 10851 Scarsdale Boulevard Houston 77089 In addition to the foregoing Harris County early voting locations that are located near the City of Friendswood, qualified voters of the City who reside in Harris County may vote early at any early voting place designated by Harris County. Polling locations are subject to change. A complete list of such early voting locations can be viewed at https://harrisvotes.com/VotingInfo.