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Home My WebLink AboutORD 1877 Calling November 4, 2008 Bond Election City of West University Place Harris County, Texas Ordinance No. 1877 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS CALLING A BOND ELECTION TO BE HELD WITHIN SAID CITY; MAKING PROVISIONS FOR THE CONDUCT AND THE GIVING 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 proposition hereinafter set forth; and WHEREAS, it is hereby officially found and determined that said election will be held on a uniform election date established by Section 41.001 (a), Texas Election Code, as amended, as required by Texas law; and WHEREAS, the City, pursuant to the applicable proviSions of the Texas Election Code, intends to conduct a joint election with other political subdivisions within Harris County (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 meeting at which this Ordinance is considered is open to the public, and that the public notice of the time, place and purpose of the meeting was given, as required by Chapter 551, Texas Government Code, as amended; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS THAT: Section 1. Findinas. 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 Ordered; Date; Proposition. An election (the "Election") shall be held for and within the City on Tuesday, November 4, 2008 ("Election Day"), in accordance with the Texas Election Code (the "Code"). At the Election the following proposition (the "Propositions") shall be submitted to the qualified voters of the City in accordance with law: PROPOSITION 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 S:\West University ElectionslNovember 2008 Bond Ordinance-Calling Bond Election.DOC $13,800,000, 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 HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL AT THE TIME OF ISSUANCE, FOR THE PURPOSE OF THE PURCHASING, CONSTRUCTING, IMPROVING, REPLACING AND REPAIRING CERTAIN PARK AND RECREATION FACILITIES, TO-WIT: THE WEST UNIVERSITY RECREATION CENTER, COLONIAL PARK, THE WEST UNIVERSITY COMMUNITY BUILDING AND THE SENIOR CENTER, INCLUDING AQUATIC FACILITIES AND IMPROVEMENTS AT COLONIAL PARK AND THE WEST UNIVERSITY PLACE RECREATION CENTER, RECONSTRUCTION OF THE RECREATION CENTER AND IMPROVEMENTS TO THE ATHLETIC FIELDS, AND TO LEVY TAXES UPON 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? Section 3. Official Ballot. (a) Voting at the Election, and early voting 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 conform to the requirements of the Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid Proposition which shall be set forth on the ballots substantially in the following form: [ ] FOR AQUATIC PROPOSITION ) THE ISSUANCE OF $13,800,000 BONDS FOR ) FACILITIES AND IMPROVEMENTS AT COLONIAL ) PARK AND THE WEST UNIVERSITY PLACE ) RECREATION CENTER, RECONSTRUCTION OF THE ) RECREATION CENTER AND IMPROVEMENTS TO THE ) COMMUNITY BUILDING AND THE SENIOR CENTER ) [ ] AGAINST Section 4. Persons Qualified to Vote. All resident, qualified electors of the City shall be eligible to vote at the Election. Section 5. Election Precincts. Votino Locations and Votino Hours on Election Dav. The election precincts for the Election shall consist of the territory within the boundaries of the City situated within one or more County election precincts, which bear the precinct numbers set forth in Exhibit A attached hereto and incorporated herein. -2- \\ServerOO\PUBLlC\UsersICity SecretarylAgendaslCc08081] IOrdinallce-CalIing Bond Election.doc The voting location for voting on Election Day for each election precinct shall be as set forth in Exhibit A, or at such other locations as hereafter may be designated by the County Election Official. On Election Day the polls shall be open from 7:00 a.m. to 7:00 p.m. Section 6. Earlv Votino Locations. Dates and Times. (a) Early voting by personal appearance for all election precincts shall be held at the locations, at the times 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 mail shall be sent to: Beverly Kaufman, Harris County Clerk, P. O. Box 1525, Houston, TX 77251-1525. The County Election Official is hereby appointed as the Early Voting Clerk. Section 7. Joint Election. The City intends to participate in a joint election with other participating governmental entities in the County who are also holding elections on Election Day and contract with the County for election services. Section 8. Appointment of Election Officers. Prior to the Election Day, the election judges, alternate judges, clerks and other personnel necessary for conducting the Election will be appointed by the County Election Official, and the election judges and alternate judges may be changed and the polling places may be combined for some 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 establishing the central counting station for the ballots cast in such election and appointing the personnel necessary for such station all as provided in the joint election agreement 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 Vietnamese, at the City Hall and at three other places in the City, not less than 14 days nor more than 30 days prior to the date set for the election; and a substantial copy of this election ordinance, in English, Spanish and Vietnamese, 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 more than 30 days and not less than 14 days prior to the date set for the election. Notice of the Election shall also be provided to the county clerk of the County not later than the 60th day before the Election Day. Section 10. Conduct of Election. Said Election shall be held in accordance with the Code, except as modified by the Texas Government Code and the Federal Voting Rights Act of 1965, as amended, including particularly Chapter 272 of the Code pertaining to bilingual requirements. -3- l\ServerOO\PUBLlCIUsersICity SecretarylAgendaslCc08081 I IOrdinance-Callillg Bond Election.doc Section 11. 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 comply with the provisions of the Code and the Federal Voting Rights Act in carrying out and conducting the Election, whether or not expressly authorized herein. Section 12. Severability. 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. PASSED, APPROVED AND ADOPTED FIRST READING, on the 28th day of July, 2008. PASSED, APPROVED AND ADOPTED SECOND READING, on the 11th day of August, 2008. MJlf Mayor . City of West University Place, Texas City Secretary City of West University Place, Texas (SEAL) REVIEWED: u-/? ~~--_... City Attorney City of West University Place, Texas -4- l\ServerOO\PUBLlC\UsersICity SecretarylAgendaslCc08081 I IOrdinance-Calling Bond Election.doc PRECINCT NUMBER VOTING PRECINCT #183 VOTING PRECINCT #133 VOTING PRECINCT #87 VOTING PRECINCT #15 EXHIBIT A Election Dav PollinQ Places POLLING PLACE WEST UNIVERSITY COMMUNITY BUILDING 6104 AUDEN WEST UNIVERSITY RECREATION CENTER 4210 BELLAIRE WEST UNIVERSITY SCOUT HOUSE 6108 EDLOE ST. ANDREWS PRESBYTERIAN CHURCH 5308 BUFFALO SPEEDWAY A-I \\ServerOO\PUBLlCIUsersICity SecretarylAgendas\Cc08081 I IOrdinance-Calling Bond Election.doc EXHIBIT B DATES AND TIMES OF EARLY VOTING FOR THE JOINT ELECTION TO BE HELD ON TUESDAY. NOVEMBER 4. 2008 Earlv VotinQ PollinQ Location Main Early Voting Location - 1001 Preston, 1st Floor, Houston, Texas 77002 DATES AND TIMES OF EARLY VOTING FOR THE NOVEMBER 4. 2008 JOINT ELECTION [NOT YET FINALIZED BY THE COUNTY] B-1 l\ServerOO\PUBLlCIUsers\City SecretarylAgendaslCc0808ll IOrdinance-Calling Bond Electioll.doc