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HomeMy WebLinkAboutOrdinance No. 2013-29 (Title: An ordinance calling a Bond Election on November 5, 2013.) ORDINANCE NO. 2013-29 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, 2013; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; AND CONTAINING OTHER PROVISIONS INCIDENTAL THERETO. WHEREAS, this 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, 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 5 51, Texas Government Code. 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 County 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: Galveston County Clerk Elections Division P. O. Box 17253 Galveston, Texas 77552-7253 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 Clerk 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 Ord.No.2013-29 2 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. RiLyht 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 3 0th 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 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 Ord.No.2013-29 3 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, 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? it. 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: Ord.No.2013-29 4 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 1N 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 THE ISSUANCE OF $7,285,000 TAX BONDS FOR THE PURPOSE OF DESIGNING, IMPROVING AND EXPANDING PARKS AND RECREATIONAL FOR ) FACILITIES 1N 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 1N 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 Ord.No.2013-29 5 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 12th day of August,2013. Kevin Holland Mayor ATTEST: •- .` •.0 • �: 0 a Melinda Welsh, TRMC e ;® 0 City Secretary ■ ■ s e � • q 9 • •. o C/1 • 04 i� '�OF VO• •• ' .• Ord.No.2013-29 6 EXHIBIT A ELECTION DAY VOTING LOCATIONS, DATES AND HOURS Tuesday,November 05, 2013 7:00 AM—7:00 PM For Citv 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 Rooms 15 & 16 Friendswood 77546 2051 Parkwood Avenue Friendswood 77546 Old Friendswood Junior High School Dickinson Community Center 402 Laurel 2714 Highway 3 Friendswood 77546 Dickinson 77539 Rebecca Sealy Hospital Bay Colony Elementary School Classroom Facility [First Floor] 101 Bay Colony Elementary at Highway 646 404 8th Street League City 77539 Galveston 77555 Galveston County Court House San Leon Volunteer Fire Department 722 Moody 12th Street& Avenue D 2nd Floor San Leon 77539 Galveston 77550 Alamo School [East Entrance] Bacliff Community Center 5200 N 1/2 4503 11 th Street Galveston 77550 Bacliff 77518 L A Morgan Elementary Kemah Civic Center 14103 7th Street 800 Harris Avenue at Highway 146 Galveston 77550 Kemah 77575 Moody Methodist Church Harborview Care Center Fellowship Hall 300 Enterprise Avenue 2803 53rd Street League City 77573 Galveston 77551 Weis Middle School CCISD Admin. Building - Board Room 7100 Steward Road 2425 East Main Street Galveston 77551 League City 77573 Ord.No.2013-29 7 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 Bayou Vista Community Center League City Intermediate School 783 C. Marlin Street Cafeteria Bayou Vista 77563 2588 Webster Street League City 77573 Highland Creek Camp [formerly Camp Victory Lakes Intermediate School Good News] Practice Gym 6205 Delaney Road 2880 West Walker Hitchcock 77563 League City 77573 West County Building Bauierschlag Elementary Court Room 2051 West League City Parkway 11730 Highway 6 League City, 77573 Santa Fe 77510 Runge Park Community Center Dominion Church 4605 Peck Avenue 401 Landing Blvd. Santa Fe 77517 League City 77573 Nessler Center Creekside Intermediate School Gym [North] 2010 Fifth Avenue North 4320 West Main Texas City 77590 League City 77573 Calvary Baptist Church Joe Faggard Community Center 517 18th Avenue North 1700 Highway 87 Texas City 77590 Crystal Beach 77650 Texas City Central Fire Station La Marque City Hall [Training Room] Community Room 725 North Logan 1109 Bayou Road Texas City, 77590 La Marque 77568 Ord.No.2013-29 8 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 Ln. Webster, 77598 Ord.No.2013-29 9 EXHIBIT B EARLY VOTING LOCATIONS, DATES AND HOURS For Citv 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 AM— 5 PM October 26, 2013: 7 AM—7 PM October 27, 2013: 1 PM—6 PM October 28-November 1, 2013: 7 AM—7 PM Friendswood City Hall Creekside Intermediate School Gym 910 S. Friendswood Drive 4320 West Main Friendswood, 77546 League City, 77573 Galveston County Courthouse Galveston Justice Center Second Floor Second Floor Conference Room 722 Moody Avenue 600 5 9th Street Galveston, 77550 Galveston, 77551 North County Annex/Calder Road Nessler Center Annex Surf Room 174 Calder Road 2010 Fifth Avenue North League City, 77573 Texas City, 77590 Greater St. Matthews Baptist Church West County Building Main Foyer Court Room 6333 Highway 6 11730 Highway 6 Hitchcock, 77563 Santa Fe, 77510 Runge Park Community Center Joe Faggard Community Center 4605 Peck Avenue 1700 Highway 87 Santa Fe, 77517 Crystal Beach, 77650 Carver Park La Marque City Hall Carter Room Community Room 6415 Park Avenue 1109 Bayou Road Texas City, 77591 La Marque, 77568 Dickinson Community Center Bacliff Community Center 2714 Highway 3 4503 1 lth Street Dickinson, 77539 Bacliff, 77518 Kemah Civic Center Seaside Baptist Church 800 Harris Avenue @ Highway 146 16534 Termini-San Luis Pass Road Kemah, 77575 Jamaica Beach, 77554 Ord.No.2013-29 10 Bayou Vista Community Center 783 C Marlin Street Bayou Vista, 77563 For Citv 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 AM—4:3 0 PM October 26, 2013: 7 AM—7 PM October 27, 2013: 1 PM—6 PM October 28-November 1, 2013: 7 AM—7 PM Freeman Branch Library 16616 Diana Lane Houston, TX 77062 Ord.No.2013-29 11 CERTIFICATE FOR ORDINANCE THE STATE OF TEXAS § COUNTIES OF GALVESTON AND HARRIS § CITY OF FRIENDSWOOD § We, the undersigned officers of the City of Friendswood (the "City"), hereby certify as follows.. 1. The City Council of the City (the "City Council") convened in REGULAR MEETING ON THE 12TH DAY OF AUGUST, 2013, at the designated meeting place, and the roll was called of the duly constituted officers and members of the City Council, to wit: Kevin M. Holland, Mayor Billy J. Enochs, Mayor Pro-Tem Steve Rockey Jim Hill Patrick J. McGinnis, MD John H. Scott Carl W. Gustafson Melinda Welsh, City Secretary Roger Roecker, City Manager and all of said persons were present, thus constituting a quorum. Whereupon, among other busi- ness, the following was transacted at said meeting: a written ORDINANCE NO. 2013-299 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, 2013; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; AND CONTAINING OTHER PROVISIONS INCIDENTAL THERETO was duly introduced for the consideration of the City Council. It was then duly moved and seconded that the Ordinance be adopted and, after due discussion, said motion, carrying with it the adoption of the Ordinance,prevailed and carried by the following vote: AYES: All members of the City Council shown present above voted "Aye," except as shown below: NOES: Billy J. Enochs, Mayor Pro-Tem Carl W. Gustafson ABSTAIN: None 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 the Ordinance has been duly recorded in the City Council's minutes of the Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from the City Council's minutes of the Meeting pertaining to the adoption of the Ordinance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of the City Council as indicated therein; that each of the officers and members of the City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that the Ordinance would be introduced and considered for adoption at the Meeting, and each of the officers and members consented, in advance, to the holding of the Meeting for such purpose, 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. 3. That the Mayor of the City (or the Mayor Pro-tem in the absence of the Mayor) has approved and hereby approves the aforesaid Ordinance; and that the Mayor (or the Mayor Pro- tem in the absence of the Mayor) and the City Secretary of the City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of the Ordinance for all purposes. SIGNED, this, the 12th day of AuLmst, 2013. Kevin M. land Mayor ATTEST: R1 E!VZ) 0• • " d Melinda Welsh, TRMC City Secretary • 9D (P •. z, m f9 a