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Home My WebLink AboutOrd 1830 - bond election ~.. ORDINANCE NO. 1830 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST .UNIVERSITY PLACE, TEXAS CALLIN.G A BOND ELECTION TO BE HELD WITHIN SAID CITY; MAKIN.G PROVISIONS FOR THE CONDUCT A.N.D THE OWING OF NOTICE OF THE ELECTION; AND CONTAINING OTHER PROVISIONS RELATING THERETO WHEREAS, the City Council of the City of West University Place, Texas (the "City") finds and determines that it is necessary and advisable to call and hold an election for and within the City on the propositions hereinafter set forth; and WHEREAS, it is hereby officially fo.und and detennined that said election will be held on . a uniform election date established by Section 41~OOl(a), Texas Election Code, as amended, as required by Texas law; and WHEREAS, tIle City, pursuant to tIle applicable provisions of the Texas Election Code, intends to conduct a joint election with other .political subdivisions within Harris Co.unty (the "County") and contract with the County Clerk of Harris County (the "County Election Official") for election services; and WHEREAS, the City finds and declares that the tneeting at which this Ordinance is considered is open to the public, and that the public n.otice of the time, place and purpose of the meeting was given, as required by Chapter 551, Texas Government Code, as amend.ed; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF TH:E CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. Findings~ The stateme.nts 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 Ordered: Date: Prooositions~ An election (the "Election") shall be held for and within the City on Tuesday, November 7, 2006 ("Election Day"), in accordance with the Texas Election Code (the "Code"). At the Election tIle following :propositions (the "Propositions") shall be submitted to the qualified voters of the City in accordance with law: PROPOSITION NO~ ONE SHALL THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, BE AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THE BONDS OF THE CITY IN THE AMOUNT OF $12,600,000, MATURIN.G SERIALLY OR OTHERWISE WITHIN 40 YEARS FRO.M THEIR DATE OR DATES, AND :BEARING INTEREST AT SUCH RATE OR RATES, NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR .HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DET:E.RMINED Houston 2946636v.2 WITHIN THE DISCRETION OF THE CITY COUNCIL AT THE TIME OF ISSUANCE, :FOR THE "PURPOSE OF THE ACQUISITION AND CONSTRUCTION OF P ARK IMPROVEMENTS, INCL"UDING AQUATIC FACILITIES AND IMPROVEMENTS AT COLONIAL PARK AND THE PURCHASE OF SITES ADJACENT TO THE WEST UNIVERSITY PLACE RECREATION CENTER FOR TENNIS FACILITIES AND OTHER USES, AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN THE CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON THE BONDS AS IT ACCRUES, AN:O TO CREATE A SINKING FUND TO PAY THE PRINCIP AL OF THE BONDS AS IT MATURES? PROPOSITION NO. TWO SHALL T"HE CITY CO"UNeIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, BE AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THE BONDS OF THE CITY IN" THE AMOUNT OF $13,000,000, MATURING SERIALLY OR OTHERWISE WITHIN 40 YEARS FROM THEIR DATE OR DATES, AND BEARING INTE:REST AT SUCH RATE OR RATES, NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE D"ETE"RMINED WITHIN THE DISCRETION OF THE CITY COUNCIL AT THE TIM"E OF ISSUANCE, FOR THE PURPOSE OF THE ACQUISITION AND CONSTRUCTIO"N" OF P ARI( IMPROVEMENTS, IN"eLUDING NEW FACILITIES AND MAJOR IMPROVEMENTS TO ATHLETIC FIE"LDS AT THE WEST UNIVERSITY PLACE RECREATION CENTER, AND TO L"EVY TAXES U:PON ALL TAXABLE PROPERTY WITHIN THE CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON THE BONDS AS IT ACCRUES, AND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF THE BONDS AS IT MATURES? PROPOSITION NO. THRE"E SHALL THE CITY COUNCIL OF THE CITY O"F WEST UNIVERSITY PLACE, TEXAS, B:E AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THE BONDS OF THE CITY IN THE AMOUNT OF $2,000,000, MATURING SERIALLY OR OTHERWISE WITHIN 40 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH RATE OR RATES, NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTE"R AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUN"CIL AT THE TIME O"F ISSUANCE, :FOR THE PURPOSE OF THE ACQUISITION AND CONSTRUCTION OF PARK IM:PROVEMENTS, INCL"UDIN"O THE PURCHASE AND IMPROVEMENT OF PARIC PROPERTY IN THE PORTION OF THE CITY EAST OF AUDEN STREET AND WEST OF BU"FFALO SPE:EDWAY, AND TO LEVY TAXES UPON ALL TAXABLE Houston 2946636v.2 -2- PROPERTY WITHIN THE CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON/ THE BONDS AS IT ACCRUES, AND TO CREATE A SINKING FUND TO "r A Y THE PRINCIPAL OF THE BONDS AS IT MATURES? Section 3. Official Ballot. ( a) Voting at the Election, and early votin"g therefor, shall be by the use of the lawfully approved County voting systems and "ballots. (b) The "preparation" of the necessary equipment and the official "ballots for the Election shall confonn to the requirements of the Code so as to pennit the electors to vote "FOR" or "AGAINST" tIle aforesaid Propositions which shall be set forth on the ballots substantially in tIle following form: [ ] FOR [ ] AGAINST [ ] FOR [ ] AGAINST [ ] FOR [ ] AGAINST PROPOSITION NO. ONE ) ) ) ) ) ) ) THE ISSUANCE OF $12,600,000 BONDS FOR AQUATIC FACILITIES A"ND IMPROVEMENTS AT COLONIAL P ARK AND ACQUISITION OF PROPERTY AD] ACENT TO THE WEST UNIVERSITY PLACE RECREATION CENTER FOR TENNIS FACILITIES AND OTHER USES PROPOSITION NO. TWO ) ) ) ) ) THE ISSUANCE OF $13,000,000 BONDS FOR NEW FACILITIES AND IMPROVEMENTS TO ATHLETIC FIELDS AT THE WEST UNIVERSITY PLACE R"ECREA TION CENTER PROPOSITION NO. THREE ) ) ) ) ) THE ISSUANCE OF $2,000,000 BONDS FOR THE PURCHASE AND IMPROVEMENT OF PARK PROPERTY EAST OF AUDEN STREET AND WEST OF BUFFALO SPEEDWAY Section 4. P~rsons Qualified to Vote. All resident, qualified electors of the City s"hall be eligible to vote at the Election. Section 5. Election Precil1cts'l Voting Locations and Voting Hours on Election Dav. The election precincts for the Election sIlall consist of the territory witllin the boundaries of the City situated witllin one or more County election precincts, w"hich bear the precinct nUlnbers set forth in Exhibit A attached hereto and incorporated herein. TIle voting location for voting on Houston 2946636v.2 -3- .Election .Day for each election precinct shall be as set forth in Exhibit A, or at such oth.er locations as hereafter Inay be designated by the Co.unty Election Official. On Election .Day the polls shall be opel1 from 7:00 a.m. to 7:00 p~m. Section 6. Early Voting Locatio.ns~ Dates and Tilnes. (a) Early voting by personal appearance for all election precincts shall be held at tIle locations, at the tilnes and on the days set forth in. Exhibit B~ or at such other locations as hereafter may be designated by the County. (b) Applications for ballot by Inail shall be sent to: Beverly Kaufman, Harris County Clerk, P. O. Box 1525, Houston, TX 77251-1525. TIle County Election Official is hereby appointed as the Early Voting Clerk~ Section 7. Joint Election. The City intends to ..participate in ajoint ejection with other participatin.g governmental entities i.n the Co.unty who are also holding elections on Election Day . and contract with the County for election services. Section 8. Aopointment of Election Officers. Prior to the Election Day, the electiol1 judges, alternate judges, clerks and other personnel necessary for conducting the Election will .be appointed by the County Electio.n Official, and the election judges and alternate Judges may be cllanged and the polling places may .be combined for SOIne precincts, pursuant to decisions of the County Election Official all as provided in the proposed joint election agreement and/or election services contract. The County Election Official shall also be responsible for establisl1ing the central counting station for the ballots cast in such election and ap.pointing the personnel necessary for such station all as provided in the joint election agreelnent and/or election services contract. The Mayor is hereby authorized to appoint any such other officials not designated herein or appointed pursuant to the joint election agreement and/or election services contract as are necessary and appropriate to conduct the Election in accordance with the Code. Section 9. Notice of Election. Notice of such election shall be given by posting a substantial copy of this election ordinance, in English, Spanish and Vietnalnese, at the City Hall and at three other places in the City, not less than 14 days nor more than 30 days prior to th.e date set for the election; and a substantial copy of this election ordinance, in English, Spal1ish and Vietnamese, also shall be .publis.hed on the same day in each of two successive weeks in a newspaper of general circulation .published in the City, the date of tIle first publication to be not more than 30 days and not less than 14 days prior to the date set for the election~ Notice of the Election s.hall also be .provided to the cou.nty clerk of the Co.unty not later than the 60th day before the Election Day. Section 10. Conduct of Election. Said Election s.hall be held ill accordance with the Code, except as modified by the Texas Govenunent Code and the Federal Voting Rights Act of 1965, as amended, including .particularly Chapter 272 of tIle Code pertaining to bilingual requirem ents. Section II. Necessary Actions. The Mayor in consultation with the City Attorney and bond counsel is hereby authorized and directed to take any and all actions necessary to cOlnpl.y with the provisions of the Code and the Federal Voting Rights Act in canying out and conducting the Electio.n, whether or not expressly authorized herein. Houston 2946636v.2 -4.. Section 12. Severability. If any provision, section, subsection, sentence, clause or phrase of this Ordinance, or the application of the saIne to allY person or set of circumstances is for any reason held to be unconstitutional, void, invalid or unenforceable, o.either the remaining portions of this Ordinance nor their application to other persons or sets of cirClllnstal1ces sIlall be affected thereby, it being the intent of the City Council in adopting this Ordinance that no POrtiOl1 l1ereof or provision or regulation co.ntained herein shall becolne il10perative or fail by reason of any unconstitutionality, voidness, invalidity or unenforceability of any otller portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. Houston 2946636v.2 -5- PASSED, APPROVED A.ND ADOPTED FIRST READING, on the 14th day of August, 2006. PASSED, APPROVED AND ADOPTE.D SECOND READING, on the 28th day of August, 2006. &ut 8JAJ~ Mayor . ! City of West University Place, Texas ATTEST: Ity ecretary City of West Univer Ity Place, Texas (SEAL) .REVIEWED: ~r~ City Attorn.ey City of West Ul1iversity Place, Texas H au ston 2 946636v. 2 -6- PRECINCT NUMBER VOTING PRECINCT #183 VOTING PRECINCT #1.33 VOTING PRECINCT #87 VOTING PRECINCT #15 Houston 2946636v.2 EXHIBIT A Election Dav Pollinf! Places POLLIN.G PLACE WEST UNIVERSITY COMMUNITY BUILDIN.G 6104 AUDEN WEST UNIVERSITY RECREATION. CENTER 4210 BELLAIRE WEST UNIVERSITY SCOUT HOUSE 6108 EDLOE ST. ANDREWS PRESBYTERIAN CHURCH 5308 B.UF:FALO SPEED.WAY A-I EXHIBIT B DATES AND TIMES OF EARLY VOTING FOR THE JOINT ELECTION TO BE HELD ON TUESDA y~ NOVEMBER 7., 2006 Earlv V otine Pollin2 Location Main Early Voting :Location - 1001 Preston, 1 sl Floor, Houston, Texas 77002 DATES AND TIMES OF EARLY VOTING FOR THE NOVEMBER 7~ 2006 JOINT ELECTION MONDAY OCTOBER 23, 2006 8:00 AM to 4:30 PM TUESDA Y OCTOBER 24, 2006 8:00 AM TO 4:30 PM WEDNES:OA Y OCTOBER 25~ 2006 8:00 AM TO 4:30 PM THURSDAY OCTOBER 26, 2006 8:00 AM TO 4:30 PM FRIDA Y OCTOBER 27, 2006 8:00 AM TO 4:30 PM SATURDAY OCTOBER 28, 2006 7:00 AM TO 7:00 PM S.UNDA Y OCTOBER 29, 2006 1 :00 PM TO 6:00 PM MONDAY OCTOBER 30, 2006 7:00 AM TO 7:00 PM TUESDA Y OCTOBER 31, 2006 7:00 AM TO 7:00 PM WEDNESDA Y NOVEMBER 1,2006 7:00 AM TO 7:00 PM THURSDAY NOVEMBER 2, 2006 7:00 AM TO 7:00 PM FRIDA Y NOVEMBER 3,2006 7:00 AM TO 7:00 PM Houston 2946636v.2 B-1