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HomeMy WebLinkAboutCity Council Resolutions (R-04-2480)-12/07/2004 RESOLUTION R-04-2480 A RESOLUTION AMENDING RESOLUTION R-04-2474 ADOPTED BY THE CITY COUNCIL ON NOVEMBER 16, 2004 ORDERING ""A BOND ELECTION TO BE HELD FEBRUARY 5, 2005; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION. yYHEREAS, the City Council of the City of Colleyville, Texas, ordered a bond election to be held on February 5, 2005 pursuant to a resolution (the "Resolution") adopted on November 16, 2004; and WHEREAS, the Texas Election Code, as amended, provides that early voting begins on the 1 th day prior to the election and ends on the 4th day prior to the election; and WHEREAS, the 1 th day prior to February 5, 2005 is Confederate Heroes' Day, a legal state holiday; and WHEREAS, Section 85.001 of the Texas Election Code provides if the 17th day prior to the election falls on a Saturday, Sunday or legal state holiday, early voting shall begin on the next regular business day; and WHEREAS, the City Council hereby finds and determines that, in accordance with the provisions of Section 85.001, Texas Election Code, as amended, early voting for the February 5,2005 bond election should begin on Thursday, January 20,2005; and WHEREAS, the City Council hereby finds and determines that the Resolution should be amended to provide for early voting for the February 5, 2005 election to begin on Thursday, January 20, 2005; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: SECTION 1: The Resolution adopted on November 16, 2004 is hereby amended in its entirety to read as follows: SECTION 1: An election shall be held on the 5th day of February, 2005, in the City of Colleyville, Texas, which date is not less than sixty-two (62) nor more than ninety (90) days from the date of the adoption hereof and is a uniform election date pursuant to V.T.C.A, Election Code, Section 41.001 (a), for the purpose of submitting the following measures: PROPOSITION NUMBER 1 "SHALL the City Council of the City of Colleyville, Texas, be authorized to issue general obligation bonds of the City in the principal amount of $8,085,000 for permanent public improvements and' public purposes, to wit: street improvements, including drainage and curbs incidental thereto and the acquisition of land and rights-of-way therefor; such bonds to mature serially or otherwise over a period not to exceed FORTY (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the. bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" 45546343.1 PROPOSITION NUMBER 2 "SHALL the City Council of the City of Colleyville, Texas, be authorized to issue general obligation bonds of the City in the principal amount of $4,815,000 for permanent public improvements and public purposes, to wit: street improvements, including sidewalks, drainage, curbs and landscaping incidental thereto and the acquisition of land and rights-of-way therefor, for Tara .subdivision, and sidewalk improvements for portions of Bedford Road, Thompson Terrace, Pleasant Run Road, Colleyville Blvd. and Glade Road, such bonds to mature serially or otherwise over a period not to exceed FORTY (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" PROPOSITION NUMBER 3 "SHALL the City Council of the City of Colleyville, Texas, be authorized to issue general obligation bonds of the City in the principal amount of $2,245,000 for permanent public improvements and public purposes, to wit: street improvements (Colleyville Blvd. hardscaping and landscaping improvements); such bonds to mature serially or otherwise over a period not to exceed FORTY (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" PROPOSITION NUMBER 4 "SHALL the City Council of the City of Colleyville, Texas, be authorized to issue general obligation bonds of the City in the principal amount of $4,575,000 for permanent public improvements and public purposes, to wit: public safety facilities and equipment (Central Fire Station improvements, fire fighting equipment and outdoor warning sirens), including the acquisition of land for such facilities; such bonds to mature serially or otherwise over a period not to exceed FORTY (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" 45546343.1 2 PROPOSITION NUMBER 5 "SHALL the City Council of the City of Colleyville, Texas, be authorized to issue general obligation bonds of the City in the principal amount of $1,000,000 for permanent public improvements and public purposes, to wit: park improvements (McPherson Park Phase I and constructing and equipping a senior citizen center); such bonds to mature serially or otherwise over a period not to .exceed FORTY (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" PROPOSITION NUMBER 6 "SHALL the City Council of the City of Colleyville, Texas, be authorized to issue general obligation bonds of the City in the principal amount of $13,735,000 for permanent public improvements and public purposes, to wit: street improvements (Colleyville Blvd. burying utility line relocation, including the acquisition of easements and right-of-way therefor); such bonds to mature serially or otherwise over a period not to exceed FORTY (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" SECTION 2: eSlate Direct Recording Electronic Voting System (ORE's) shall be used in this election for early voting and the Optech III-P Eagle voting system shall be used on election day and for early voting by mail. Ballots and ballot labels shall be prepared in accordance with V.T.C.A., Election Code, and permit electors to vote "FOR" or "AGAINST" the aforesaid measures which shall appear on the ballot substantially as follows: PROPOSITION NUMBER 1 "THE ISSUANCE OF $8,085,000 GENERAL OBLIGATION BONDS FOR STREET IMPROVEMENTS" PROPOSITION NUMBER 2 "THE ISSUANCE OF $4,815,000 GENERAL OBLIGATION BONDS FOR STREET IMPROVEMENTS FOR TARA SUBDIVISION, AND SIDEWALK IMPROVEMENTS FOR BEDFORD ROAD, THOMPSON TERRACE, PLEASANT RUN ROAD, COLLEYVILLE BLVD. AND GLADE ROAD" PROPOSITION NUMBER 3 "THE ISSUANCE OF $2,245,000 GENERAL OBLIGATION BONDS FOR STREET IMPROVEMENTS (COLLEYVILLE BLVD. HARDSCAPE AND LANDSCAPING IMPROVEMENTS)" 45546343.1 3 PROPOSITION NUMBER 4 "THE ISSUANCE OF $4,575,000 GENERAL OBLIGATION BONDS FOR PUBLIC SAFETY FACILITIES AND EQUIPMENT (CENTRAL FIRE STATION IMPROVEMENTS, FIRE FIGHTING EQUIPMENT AND OUTDOOR WARNING SIRENS)" PROPOSITION NUMBER 5 ''THE ISSUANCE OF $1,000,000 GENERAL OBLIGATION BONDS FOR PARK IMPROVEMENTS (McPHERSON PARK PHASE I AND CONSTRUCTING AND EQUIPPING A SENIOR CITIZENS CENTER)" PROPOSITION NUMBER 6 "THE ISSUANCE OF $13,735,000 GENERAL OBLIGATION BONDS FOR STREET IMPROVEMENTS (COLLEYVILLE BLVD. BURYING UTILITY LINE RELOCATION)" SECTION 3: The entire City shall constitute one election precinct for this election and Colleyville City Hall, 100 Main Street, Colleyville, Texas is hereby designated the polling place. The persons hereby appointed to serve as the election officers at said polling place are as follows: BERTHA WESTERMAN PRESIDING JUDGE EDDIE CARROLL ALTERNATE PRESIDING JUDGE The Presiding Judge shall appoint not less than two (2) nor more than seven (7) qualified clerks to serve and assist in holding said election; provided that if the Presiding Judge herein appointed actually serves, the Alternate Presiding Judge shall be one of the clerks. On election day, the polls shall be open from 7:00 A.M. to 7:00 P.M. Early voting shall be conducted at City Hall, Training Room, Second Floor, 100 Main Street, Colleyville, Texas 76034, in accordance with the provisions of V.T.C.A., Election Code. Early voting for this election shall begin Thursday, January 20, 2005, and end Tuesday, February 1, 2005, and the hours designated for early voting by personal appearance shall be from 8:00 a.m. to 5:00 p.m. on each day, except Saturdays, Sundays and official State holidays; provided, however, early voting shall also be conducted on Saturday, January 29, 2005, from 9:00 a.m. to 3:00 p.m. For purposes of processing ballots' cast in early voting, the election officers for the early voting ballot board for this election shall be appointed and designated in accordance with the provisions of the election services contract with the Tarrant County Elections Administrator. SECTION 4: All resident qualified electors of the City shall be permitted to vote at said election. This election shall be held and conducted in accordance. with the provisions of V.T.C.A., Election Code and V.T.C.A., Government Code, Chapter 1251, and as may be required by law, all election materials and proceedings shall be printed in both English and Spanish. 45546343.1 4 SECTION 5: A substantial copy of this Resolution shall serve as proper notice of said election. Said notice, including a Spanish translation thereof, shall be posted at three (3) public places within the City and at the City Hall not less than twenty-one (21) full days prior to the date on which said election is to be held, and be published on the same day in each of two successive weeks in a newspaper of general circulation in said City, the first of said publications to appear in said newspaper not more than thirty (30) days and not less than .fourteen (14) full days prior to the day of the election. SECTION 2: Except as hereby amended and modified, all of the provisions of the Resolution adopted by the City Council on November 16, 2004 ordering the bond election are hereby ratified, confirmed and readopted. PASSED AND APPROVED, this December 7, 2004. ATTEST: (City Seal) 45546343.1 5