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HomeMy WebLinkAboutRES 082404-T - Bond Election Nov 2004CERTIFICATE FOR RESOLUTION NO. ©eras` THE STATE OF TEXAS § CITY OF GEORGETOWN § COUNTY OF WILLIAMSON § The undersigned City Secretary of the City of Georgetown, Texas (the "City"), hereby certify as follows: 1. The City Council of the City convened in REGULAR MEETING ON THE 24TH DAY OF AUGUST, 2004, Council Chambers, 101 E Seventh Street, Georgetown, Texas (the "Meeting"), and the roll was called of the duly constituted officers and members of the City, to -wit: Gary Nelon, Mayor Doug Smith - Mayor Pro Tem and Councilmember District 3 Patty Eason - Councilmember District 1 Gabe Sansing - Councilmember District 2 Henry Carr - Councilmember District 4 John Kirby - Councilmember District 5 Farley Snell - Councilmember District 6 Ben Oliver - Councilmember District 7 and all of the persons were present, except the following absentees: , thus constituting a quorum. Whereupon, among other business, the following was transacted at the Meeting: a written A RESOLUTION OF THE CITY COUNCIL OF GEORGETOWN, TEXAS, ORDERING A BOND ELECTION FOR NOVEMBER 2, 2004; PROVIDING FOR THE CITY TO CONTRACT WITH THE WILLIAMSON COUNTY ELECTIONS ADMINISTRATOR TO CONDUCT SAID ELECTION; AND PROVIDING AN EFFECTIVE DATE was duly introduced for the consideration of the City Council. It was then duly moved and seconded that the Resolution be passed; and, after due discussion, said motion carrying with it the passage of the Resolution, prevailed and carried by the following vote: AYES • NOES o 2. A true full and correct copy of the Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate, that the Resolution 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 GTO W N/BondElecfionResCert to the passage of the Resolution; that the persons named in the above and _foregoing paragraph are the duly chosen, qualified and acting county officials as indicated therein; that each of the elected officials and members of the City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the Meeting, and that the Resolution would be introduced and considered for passage at the Meeting, and each of the elected officials 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, Government Code, as amended. 3. The Mayor of the City has approved and hereby approves the Resolution; that the Mayor and the City Secretary of the City have duly signed the Resolution; and that 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 Resolution for all purposes. GTOWNBondElectionResCert SIGNED AND SEALED the 014/ City Secretary [CITY SEAL] GTO W NBo nd Elect io n Res C en RESOLUTION NO. an 7 o "T A RESOLUTION OF THE CITY COUNCIL. OF GEORGETOWN, TEXAS, ORDERING A BOND ELECTION FOR NOVEMBER 2, 2004; PROVIDING FOR THE CITY TO CONTRACT WITH THE WILLIAMSON COUNTY ELECTIONS ADMINISTRATOR TO CONDUCT SAID ELECTION; AND PROVIDING AN EFFECTIVE DATE THE STATE OF TEXAS § COUNTY OF WILLIAMSON § CITY OF GEORGETOWN § WHEREAS, pursuant to the provisions of Chapter 1251, Texas Government Code, as amended, the Texas Election Code, as amended, and other related statutes the City Council of the City of Georgetown, Texas (the "City") is authorized to call an election in order to submit to the voters of the City various propositions regarding the issuance of general obligation bonds; and WHEREAS, the City Council deems it advisable to call a bond election for the propositions hereinafter stated; and WHEREAS, the City Council is also ordering an election to be held within the City on November 2, 2004 regarding the adoption of the police officers' civil service law; and WHEREAS, as the governing body responsible for the preparation of the ballot for the election, the City Council desires to combine the ballot and direct the order of items appearing on the ballot; and WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution is being 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, Government Code, as amended NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT: SECTION 1- VERIFICATION OF FACTS The facts and recitations contained in the preamble of this Resolution are hereby found and declared to be true and correct, and are incorporatedby reference herein and expressly made a part hereof, as if copied verbatim. SECTION 2 - CONFORMANCE WITH CENTURY PLAN The City Council has found that this action implements Governmental Affairs Focus End 15.01 of the Century Plan — Policy Plan Element which states "All citizens actively participate in governmental functions;" and Transportation Policy End 10.00 which states: 'Citizens and commercial goods move safely and efficiently throughout all parts of the City " and has found that this action is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. Bond Election Resolution No Page 1 of 6 SECTION 3 — CONDUCT OF ELECTION By approval of this Resolution, the City Council agrees to hold a joint election with Williamson County and to hire John Willingham, Williamson County Elections Administrator, to conduct the City of Georgetown Bond Election in conjunction with the November 2, 2004, State and County General Election. A copy of the Election Services Contract is attached hereto as Exhibit "A". The City further agrees to the polling locations as provided in this Resolution including the joint early voting locations. SECTION 4 — EARLY VOTING The Williamson County Voter Registrar is hereby appointed as Clerk for Early Voting. Early voting by personal appearance shall take place at the times and locations as indicated on the attached Exhibit ' B" marked as Early Voting Polling Times and Locations for the City of Georgetown Election to be Held in Conjunction with the General Election on November 2, 2004. Applications for ballot by mail shall be mailed to: John Willingham. Williamson County Elections Administrator P. O Box 209 Georgetown, Texas 78627-0209 SECTION 5 — ELECTION DAY VOTING Election Day voting will be held from 7.00 a.m. to 7:00 p.m. at the locations listed on the attached Exhibit "C". SECTION 6 — ELECTION JUDGES, CLERKS AND EARLY VOTING BALLOT BOARD A. The City Council shall appoint the election Judges clerks and early voting ballot board in accordance with the Texas Election Code. Each of the respective Presiding Judges is authorized to appoint the necessary election clerks (not less than two and not more than six) to assist in conducting the elections. However if the Presiding Judge appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks. In the absence of the Presiding Judge named above, the Alternate Presidmg Judge shall perform the duties of the Presiding Judge. B. An early voting ballot board is hereby authorized to process early voting results. The Presiding Judge shall appoint not less than two nor more than five resident qualified electors of the City to serve as members of the Early Votmg Ballot Board. SECTION 7 — BOND PROPOSITIONS At the election, the following BOND PROPOSITIONS shall be submitted in accordance with law: Bond Election Resolution No. Page 2 of 6 2 CITY OF GEORGETOWN BOND PROPOSITION NO. 1 Shall the City Council of the City of Georgetown, Texas, be authorized to issue the bonds of the City, in one or more series or issues, in the aggregate principal amount of $9 800,000 with the bonds of each such series or issues, respectively to mature serially within not to exceed twenty-five 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, in accordance with law at the time of issuance, for the purpose of constructing, improving, renovating extending, expanding and equipping a new City library including the purchase of any necessary sites, construction of parking facilities and other related costs; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes on all taxable property in the City in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay the bonds at maturity? CITY OF GEORGETOWN BOND PROPOSITION NO. 2 Shall the City Council of the City of Georgetown, Texas, be authorized to issue the bonds of the City, in one or more series or issues, in the aggregate principal amount of $10,000,000 with the bonds of each such series or issues, respectively to mature serially within not to exceed twenty-five years from their date, and to be sold at such prices and bear mterest at such rates, as shall be determined within the discretion of the City Council, m accordance with law at the time of issuance, for the purpose of constructing, acquiring, improving, renovating, expanding, upgrading and equipping the existing City Recreation Center including the acquisition of any necessary sites, construction of parking facilities and other related costs; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes on all taxable property in the City in an amount sufficient to pay the annual interest on said bonds and provide a sulking fund to pay the bonds at maturity? CITY OF GEORGETOWN BOND PROPOSITION NO. 3 Shall the City Council of the City of Georgetown, Texas, be authorized to issue the bonds of the City, in one or more series or issues, in the aggregate principal amount of' $1 600,000 with the bonds of each such series or issues, respectively to mature serially within not to exceed twenty-five years from their date, and to be sold at such prices and bear mterest at such rates, as shall be determined within the discretion of the City Council in accordance with law at the time of issuance, for the purpose of constructing, acquiring, improving, renovating, expanding, upgrading and equipping the Community Center in San Gabriel Park mcluding the acquisition of any necessary sites, construction of parking facilities and other related costs; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes on all taxable property in the City in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay the bonds at maturity? Bond Election Resolution No Page 3 of 6 " _ 3 SECTION 8 — OFFICIAL BALLOTS 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 BOND PROPOSITIONS with the ballots to contain such provisions, markings and language as required by law, and with such BOND PROPOSITIONS to be expressed substantially as follows. The BOND PROPOSITIONS shall appear before the police officers' civil service law proposition on the ballot. CITY OF GEORGETOWN BOND PROPOSITION NO. 1 FOR ( ) THE ISSUANCE OF $9,800,000 TAX BONDS FOR A NEW CITY AGAINST ( ) LIBRARY. FOR AGAINST FOR AGAINST CITY OF GEORGETOWN BOND PROPOSITION NO. 2 ( ) THE ISSUANCE OF $10,000,000 TAX BONDS FOR THE EXPANSION AND RENOVATION OF THE EXISTING CITY ( ) RECREATION CENTER. CITY OF GEORGETOWN BOND PROPOSITION NO. 3 ( ) THE ISSUANCE OF $1,600,000 TAX BONDS FOR THE EXPANSION AND RENOVATION OF THE COMMUNITY ( ) CENTER IN SAN GABRIEL PARK. SECTION 9 - VOTING DEVICES Electronic optical scan voting devices may be used in conducting the election. The Williamson County Voter Registrar may also utilize a central counting station as provided by Section 127.000 et seq., as amended, Texas Election Code. SECTION 10 — VOTERS All resident, qualified electors of the City shall be entitled to vote at the election. SECTION 11 - NOTICE A substantial copy of this Resolution shall serve as a proper notice of the election. This notice, including a Spanish translation thereof, shall be posted at three (3) public places within the City and the City Hall not less than twenty-one (21) days prior to the date the election is to be held, and be published on the same day in each of two (2) successive weeks in the Williamson County Sun, a newspaper of general circulation in the City, the first of these publications to appear in such Bond Election Resolution No. © vev_ T Page 4 of 6 4 newspaper not more than thirty (30) days, and not less than fourteen (14) full days prior to the day of the election. SECTION 12 - TEXAS ELECTION CODE In all respects the election shall be conducted in accordance with the Texas Election Code. SECTION 13 - RESULTS The Williamson County Voter Registrar shall conduct an unofficial tabulation of results after the closing of the polls on November 2, 2004 The official canvass and tabulation of the results of the Bond Election shall be conducted by the City Council at a Special Council Meeting in accordance with the Election Code. SECTION 14 - PROVISIONS The provisions of this Resolution are severable; and in case any one or more of the provisions of this Resolution or the application thereof to any person or circumstance should be held to be invalid, unconstitutional, or ineffective as to any person or circumstance the remainder of this Resolution nevertheless shall be valid, and the application of any such invalid provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. SECTION 15 - EFFECTIVE DATE The Mayor is hereby authorized to sign this resolution and the City Secretary to attest. This resolution shall become effective and be in full force and effect immediately upon its passage. PASSED AND APPROVED on the 24th day of August, 2004 ATTEST: THE CI Y OF GEORGETOWN Sandra D. Lee, City Secretary APPROVED AS TO FORM: Pafricia E Carls, Brown & Carls, L L P City Attorney ary;`elon, Ma or Bond Election Resolution No. ©rzvoy Page 5 of 6 T 5 Exhibit "A" ELECTION SERVICES CONTRACT This contract is entered into between the WILLIAMSON COUNTY ELECTIONS ADMINISTRATOR, hereinafter referred to as Administrator, the CITY OF GEORGETOWN, hereinafter referred to as City, acting by and through its City Council. The City is entering into this contract to secure election services from the Administrator for a Special Election to be conducted on November 2, 2004, which is to be a joint election with the County of Williamson, and in connection therewith the City and the Administrator do hereby agree as follows: The Administrator shall be responsible for providing the following services: a. Procuring, allocating, and distributing all election supplies, including coordination of ballot printing; b. Arranging for election officers and personnel necessary to conduct the election on November 2, 2004, including personnel to conduct the verification count after the election; c. As the Early Voting Clerk for the election, making arrangements for locations and clerks, providing modems and terminals if requested, and conducting early voting by mail; d. Arranging for Election Day polling locations and providing appropriate number of voting booths; e. Providing pre -locked, pre-sealedballot boxes; f. Testing of tabulation of equipment; g. Keeping the Administrator's office open on election day from 7 a.m. until all work is completed and providing assistance to election workers and the public on election day; h. Operating the central counting station in the Williamson County Annex on Election Day and providing tabulations as required by law; i. Submitting to entities within 45 days a statement of costs payable based on use of combined ballots, polling places, supplies, programming, etc., with costs to be allocated in proportion to each entity's actual share of expenses; costs to be itemized and based on actual invoices or other appropriate documents; j. Serving as agent to the Custodians of election records for the purpose of securing and storing voted ballots; k . Conducting election schools for early voting and Election Day clerks. Bond Election Resolution No. 0 ©f T Exhibit "A" 2. The City shall be responsible for the following actions: a. Authorizing the number of ballots to be ordered for Election Day and early voting; b. Paying election workers and polling place expenses, including furniture rental, if any, at a rate proportional to the City's use of a polling place; c. Paying Williamson County an administrative fee not to exceed 10 percent of the actual cost of the election; d. Preparing and submitting to the U.S. Department of Justice any changes to voting practices or procedures; f. Appointing by the action of its governing body all election judges and alternates and designating polling places for the election including early voting locations; g. Appointing Administrator as Early Voting Clerk for the election and manager of the Central Counting Station, and forwarding any ballot by mail applications to Administrator; h. Appointing Administrator as agent to Custodians of Election Records for the joint election; i. Paying an advance to Administrator (County) equal to 70% of the estimated cost of the election no later than 45 days before the election date. j. Paying the costs of the joint election within 30 days of the date on which City receives the statement of costs from Administrator. 4. In connection with the performance of this contract, neither Williamson County nor the Admimstrator shall be liable to third parties for any default of the City in connection with the holding of the election, including the failure by the City to pay any expenses hereunder, and such the City shall not be liable to third parties for any default of the Administrator in connection with the holding of the joint election. 5 This contract shall be constructed under and m accordance with the laws of the State of Texas. 6. In case any one or more of the provisions contained in this contract for any reason shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereto, and this contract shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 7. No amendment, modifications, or alteration of the term hereof shall be binding unless the same is in wntmg, dated subsequent to the date of this contract and duly executed by the parties hereof. Bond Election Resolution No. OftvO_ 7" Exhibit "A" This contract is effective on the day of , 2004. APPROVED AND AGREED TO: CITY OF GEORGETOWN, TEXAS Attest: Gary Nelon Sandra D. Lee, City Secretary Mayor, City of Georgetown Approved as to form: Patricia E Carls, Brown & Carls, LLP City Attorney WILLIAMSON COUNTY ELECTIONS ADMINISTRATOR: John Willingham Williamson County Elections Administrator Bond Election Resolution No. Exhibit "A" Exhibit "B" EARLY VOTING SCHEDULE & LOCATIONS For Election on November 2, 2004 (During Early Voting, registered voters may vote at any location) FULL-TIME LOCATIONS, DATES, AND TIMES: Main Location: Georgetown Courthouse, 710 Main, Georgetown Branch Locations: Round Rock Library, 216 E Main, Round Rock Brushy Creek Community Center, 16318 Great Oaks Dr., Round Rock Anderson Mill Municipal Utility District, 11500 El Salido Parkway, Austin, TX Williamson County Annex, 350 Discovery Blvd., Cedar Park, TX Celebrations, 3010 Williams Drive, Georgetown (formerly known as Brookshire Brothers) Sun City Social Center, 2 Texas Drive, Georgetown Clay -Madsen Recreation Center, 1600 Gattis School Road, Round Rock Williamson County Taylor Annex, 412 Vance, Taylor Dates and Times: Monday -Friday October 18-22 8 a.m. to 5 p.m. Saturday October 23 7 a.m. to 7 p.m. Sunday October 24 Noon to 5 p.m. Monday -Friday October 25-29 7 a.m. to 7 p.m. Part -Time Location, Dates, and Times: Round Rock ISD Admn. Building (Red River Room), 1311 Round Rock Ave, Round Rock Saturday October 23 7 a.m. to 7 p.m. Sunday October 24 Noon to 5 p.m. Monday -Friday October 25-29 7 a.m. to 7 p.m. Rural Temporary Locations, Dates and Times: Florence VFD, 301 S Patterson Florence Thursday October 21 Pat Bryson Municipal Hall, 201 N Brushy, Leander Friday October 22 Granger City Hall, 214 E Davilla, Granger Monday October 25 Liberty Hill Annex, 3407 RR 1869,Liberty Hill Tuesday October 26 Thrall City Hall, 104 Main St, Thrall Wednesday October 27 Jarrell Fire Hall, Jarrell Thursday October 28 Hutto City Hall 401 W. Front St., Hutto Friday October 29 Hours for above locations are 11 a.m. to 6 p.m. each day. Bond Election Resolution No. O . O Exhibit "B" Early Voting Schedule & Locations Page 1 of 1 Exhibit "C" ELECTION DAY POLLING PLACES - NOVEMBER 2, 2004 7:00 a.m. to 7:00 p.m. (On Election Day, voters must vote at the location indicated by their voting precinct —see Voter Registration Card) PCT. LOCATION 142 Carver Elementary School 168 Calvary Christian Center 301 Georgetown ISD Administration Bldg 302 Georgetown Country Club 305 Sun City Social Center 314 County Courthouse 332 Georgetown Airport Terminal Bldg 343 U.S. Post Office *345 U. S. Post Office - this may change 357 Mary Bailey Head Start Center 367 Carver Elementary School 369 Wm. Co. Central Maintenance Facility 370 Girl Scout Hut 371 Georgetown ISD Administration Bldg 379 Georgetown Fire Station No 4 381 Sun City Social Center ADDRESS 1200 W. 17th St., Georgetown 1351 FM 1460 Georgetown 603 Lakeway Drive, Georgetown 1500 Country Club Rd., Georgetown 2 Texas Dr , Sun City, Georgetown 710 S. Main St., Georgetown 500 Terminal Dr, Georgetown 2300 Scenic Dr , Georgetown 2300 Scenic Dr, Georgetown 609 N. College Dr (near VFW), Georgetown 1200 W. 17th St Georgetown 3151 S.E Inner Loop Dr. Georgetown 1511 Laurel St., Georgetown 603 Lakeway Drive, Georgetown 4200 Airport Road, Georgetown 2 Texas Dr. Sun City, Georgetown "Customary polling place, Christ Lutheran Church Georgetown is not available for November due to construction. Post Office was used for the Primary election. This site may change for November. Bond Election Resolution No. 0 Exhibit "C" Election Day Polling Places Page 1 of 1