HomeMy WebLinkAbout_Mobility_Georgetown_Citizen_Advisory_Committee_Agenda_8_24_2020_3560Notice of Meeting for the
Mobility Georgetown Citizen Adv isory Committee
of the City of Georgetown
August 24, 2020 at 5:30 P M
at Virtual
T he C ity of G eorgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you
require as s is tance in partic ipating at a public meeting due to a disability, as defined under the ADA, reas onable
as s is tance, adaptations , or ac commodations will be provided upon request. P leas e c ontact the C ity S ec retary's
O ffic e, at leas t three (3) days prior to the sc heduled meeting date, at (512) 930-3652 or C ity Hall at 808 Martin
Luther King Jr. S treet, G eorgetown, T X 78626 for additional information; T T Y users route through R elay
Texas at 711.
R EV I S ED
Co nsistent with G o verno r Greg Abbo tt’s suspensio n o f vario us pro visio ns o f the O pen Meetings A ct,
effective August 1, 2020 and until further no tice, to reduce the chance o f C O V I D-19 transmissio n, all
City o f G eo rgeto wn A dviso ry Bo ard meetings will be held virtually. P ublic co mment will be allo wed
via teleco nference; no o ne will be allo wed to appear in perso n.
Jo in fro m a P C , M ac, iP ad, iP ho ne o r A ndro id device, Please click this U R L to jo in:
J oin Zoom M e eting
https://geor getowntx.zoom.us/j/97181596691?
pwd=O V F C Zm9i M k Z3 M D VvTG Vsb3 R N U T Y3 Zz09
M e eting I D: 971 8159 6691
P assc ode : 879734
O r join by phone:
Dial toll fre e:
(833) 548 0282, (877) 853 5257, (888) 475 4499, (833) 548 0276
Meeting I D : 971 8159 6691
P assc ode : 879734
Citizen co mments are accepted in three different fo rmats:
1. Submit written comme nts to br idget.weber @geor getown.or g by 5:00
p.m. on the day before the date of the mee ting and the R ec ording
Se cr etar y will re ad your c omments into the r ec ording during the item
that is be ing disc usse d.
2. L og onto the mee ting at the link above and “r aise your hand” during the
item.
Page 1 of 68
3. Use your home /mobile phone to call the toll-fre e numbe r.
To join a Zoom me eting, c lick on the link provided and join as an attende e.
You will be aske d to e nte r your name and email addre ss (this is so we can
ide ntify you when you ar e c alled upon). To spe ak on an item, clic k on the
“Raise your H and” option at the bottom of the Zoom mee ting we bpage once
that ite m has opened. Whe n you are calle d upon by the Re cor ding Se cr etar y,
your devic e will be r emotely un-muted by the A dministrator and you may
spe ak for thre e minute s. P lease state your name clear ly, and when your time
is over, your de vice will be muted again.
Use of pr ofanity, thr eate ning language, slande rous r emarks or thr eats of
harm are not allowed and will re sult in you be ing imme diately re moved fr om
the mee ting.
L egislativ e Regular Agenda
A R eview of meeting proc edures – Erc el Bras hear, C ommittee C o-C hair
B Welcome and introduc tions of the Mobility G eorgetown C itizen Advis ory C ommittee members and the
G eorgetown staff – Ercel Brashear, C ommittee C o-C hair
C P resentation and dis cus s ion regarding the Mobility G eorgetown C itizen Advis ory C ommittee roles and
respons ibilities – Erc el Bras hear, C ommittee C o-C hair
D P resentation and dis cus s ion regarding prior C ity of G eorgetown bond programs – David Morgan, C ity
Manager
E P resentation and dis cus s ion regarding the Mobility G eorgetown Bond P rogram timeline and the P rogram
P ublic Engagement – Bridget Hinze Weber, As s is tant to the C ity Manager
F P resentation and dis cus s ion regarding the C ity bond election and ethic is s ues – R ic hard Donoghue,
Mc C all P arkhurst & Horton
G R eview next s teps of the Mobility G eorgetown C itizen Advisory C ommittee – Bridget Hinze Weber,
Assistant to the C ity Manager
H P ublic C omment - Ercel Brashear, C ommittee C o-C hair
Adjournment
Adjourn
Ce rtificate of Posting
I, R obyn Densmore, C ity S ecretary for the C ity of G eorgetown, Texas, do hereby c ertify that this Notic e of
Meeting was posted at C ity Hall, 808 Martin Luther King Jr. S treet, G eorgetown, T X 78626, a plac e readily
acc es s ible to the general public as required by law, on the _____ day of _________________, 2020, at
__________, and remained s o posted for at leas t 72 c ontinuous hours prec eding the s cheduled time of said
meeting.
Page 2 of 68
__________________________________
R obyn Dens more, C ity S ec retary
Page 3 of 68
City of Georgetown, Texas
Mobility Georgetown Citizen Advisory Committee
August 24, 2020
S UB J E C T:
P res entation and disc ussion regarding prior C ity of G eorgetown bond programs – David Morgan, C ity
Manager
IT E M S UMMARY:
F IN AN C IAL IMPAC T:
P res entation
S UB MIT T E D B Y:
S hirley R inn on behalf of David Morgan, C ity Manager
AT TAC H ME N T S:
Description Type
Mobility Georgetown Citizen Committee Presentation Backup Material
Page 4 of 68
MOBILITY GEORGETOWN
MAY 2021 BOND ELECTION
CITIZEN ADVISORY COMMITTEE
Page 5 of 68
MEETING PROCEDURES
•Please mute until called upon to speak.
•If you would like to speak, please “raise your hand” or
comment in the chat. Once called upon, please unmute
yourself and show your video.
•We want your feedback and will provide opportunities for
participation. If you have a question or feedback during
the presentation, we will do our best to monitor the chat
and hand raising feature.
•The meeting is being recorded.
Page 6 of 68
COMMITTEE WELCOME AND INTRODUCTIONS
District Name
Mayor Ercel Brashear, Co-Chair
Mayor Chere Heintzmann, Co-Chair
District 1 Alison McKee
District 1 Bob Smith
District 2 Keith Brainard
District 2 Bill Dryden
District 3 Rich Barbee
District 3 Walter Bradley
District 4 Kathy Sutphin
District 4 Steve Ricks
District 5 Steve Bohnenkamp
District 5 Kimberly Bronner
District 6 Glenn Holzer
District 6 Jesse Saunders
District 7 Regina Watson
District 7 Chris Leon
Page 7 of 68
GEORGETOWN TEAM
•David Morgan, Laurie Brewer and Wayne Reed: City management team
•Bridget Weber: project manager, committee and council communications
•Wesley Wright: Systems Engineering Director
•Ray Miller: Public Works Director
•Emily Kootnz: Administrative Assistant
•Jake Gutekunst: Kimley -Horn Consultant
•Clarissa Bruns: Kimley-Horn Consultant
•Aly Van Dyke: Director of Communications and Public Engagement
•Leigh Wallace: Director of Finance
•Nathanial Waggoner: Long Range Planning Manager
•Robyn Densmore: City SecretaryPage 8 of 68
BACKGROUND
2008 & 2015 Road Bonds:
By 2022 the City of Georgetown will be substantially complete on
the construction of 2008 & 2015 Road Bond projects
Projects supported by partner agencies:
GTEC, CAMPO, TxDOT and Williamson County
May 2020 Council Workshop:
Council directed staff to develop a bond program targeting the May
2021 election
Page 9 of 68
MOBILITY BOND PURPOSE
To advance Georgetown’s connectivity and safety by upgrading
streets, bridges, bike network, and sidewalks delivering
projects consistent with community expectations to manage
accelerated growth.
•Increase capacity of roadway network with high traffic volume.
•Improve intersections and build sidewalks throughout Georgetown
to create new connections within and among neighborhoods.
•Coordinate with other planned transportation work to accelerate
delivery to Georgetown residents.
Page 10 of 68
ADVISORY COMMITTEE CHARGE
•Review and vet criteria for projects
•Prioritize and rank staff-proposed streets and sidewalks
improvement projects
•Review financial feasibility of proposed program
•Provide opportunities for community input
•Serve as community educators for the bond program
•Develop and submit report to the City Council of final
project list for proposed bond program
Page 11 of 68
GEORGETOWN BOND PROGRAMS
Page 12 of 68
GEORGETOWN BOND STEWARDSHIP
•2008 and 2015 road bonds
•Leveraging funds with partner agencies
•Contract with voters
•No increase in tax rate from 2015 road bond
Page 13 of 68
GEORGETOWN BOND STEWARDSHIP
2008 Road and Park Bond
•Proposition 1: authorized $46 million for road bonds
passed with 65% of the vote.
•Proposition 2: authorized $35.5 million for parks and
recreation bonds passed with 58% of the vote.
2015 Transportation Bond
•Approved with 75.18% of voters in favor
•$105 million
•10 years
Page 14 of 68
BOND PROGRAM TIMELINE
Page 15 of 68
SCHEDULE FOR MAY 2021 ELECTION
•July 14: Council approves appointment of Mobility Georgetown 2021 Citizen
Committee members
•July 15 –August 15: Public engagement activities to receive feedback about
the primary focus areas and sentiment for bond debt
•August 24: Mobility Georgetown 2021 Citizen Committee first meeting and
provide public feedback to citizen committee
•September -October: Ranking/prioritization and initial recommendations
developed
•November: 2nd round of public engagement activities to receive feedback
about the proposed bond projects
•December: Final recommendations developedPage 16 of 68
SCHEDULE FOR MAY 2021 ELECTION
•January 12: Mobility Georgetown 2020 Citizen Committee presents
project recommendations and report to Council at Workshop
•January 26: Council adoption of finalized project list
•February 9: Council calls bond election (February 12 last Day to Order
General Election or Special Election on a Measure)
•February 10 –May 1: Outreach and education to public, agency partners
and stakeholders
•April 1: Last Day to Register to Vote
•April 19 –April 27: Early Voting
•May 1 (Saturday): Election day
Page 17 of 68
PUBLIC ENGAGEMENT
Page 18 of 68
PUBLIC ENGAGEMENT SUMMARY
Public engagement will be at the center of Georgetown’s bond process and
staff will develop a way for every stakeholder —from the public to City Council
to partner agencies —to engage in the process and provide feedback on
categories of importance.
Public engagement: before election is called
1st Phase: July 15 –August 15
2nd Phase: November
Public education: after election is called in February 2021
City Website: https://bonds.georgetown.org/
Project website: https://engagekh.com/georgetownmobilitybond/home
Page 19 of 68
PUBLIC ENGAGEMENT: CITIZEN SURVEY
•July 15 –August 15
•The opportunity to provide feedback was shared dozens
of ways, in English and Spanish, from social media posts
and targeted emails to nearly $4,000 spent in advertising
in newspapers, on the radio, and on Facebook.
•516 responses
•Over 500,000 estimated reach
•Full report provided as attachment
Page 20 of 68
PUBLIC ENGAGEMENT NEXT STEPS
•November: public engagement seeking feedback on
committee’s selection of projects
•Public Education: Once the projects, bond amount and
ballot items are approved by Council, the City will conduct
a campaign to educate and inform residents about the
bond program and projects.
Page 21 of 68
BOND ELECTION ISSUES
Page 22 of 68
PRELIMINARY ISSUES
•Type of projects to be bonded (i.e. what projects could be
on the ballot?)
•Sizing considerations (i.e. what amounts will be voted?)
•Negotiation and execution of joint election agreements
and/or election services agreements for election
Page 23 of 68
TIMING CONSIDERATIONS
•Election and notice schedule of major events for May 1, 2021 election -
See "TAB E"
•Date for holding election (current law authorizes bond elections only on
uniform election dates)
•Election Code sets the 78th day before the election as the last day that the
election can be called
•Notice of election must be given to the County clerk of each County that
the City is located not later than the 60th day prior to the election
•The City must prepare a "voter information document" for each proposition
that contains certain required financial information -See "TAB H“
Page 24 of 68
TIMING CONSIDERATIONS
•At least 21 days prior to the election, a copy of the Resolution calling the election in
English and Spanish, each voter information document and any sample ballot
prepared for the election must be posted at (i) 3 public places in the City, (ii) the
location where the City posts notices of meetings and (iii) on the City's website
•Notice of election in English and Spanish also has to be published on the same day
in each of two (2) successive weeks in a newspaper of general circulation in the City,
the first such publication being between 30 and 17 days before the election.
•A copy of the election Resolution must be posted at each polling location on the first
day of early voting and posted continuously through the day of the election
•Other general election notice/timing considerations (notice to election judges, office
hours for election, etc.)
Page 25 of 68
CONDUCTING THE ELECTION
•Location of polling places/joint election procedures
•Appointment of election judges and clerks/joint election
procedures
•Location of permanent and any temporary early voting
polling places as well as appointment of judges and clerks
•Decision to have joint early voting
Page 26 of 68
PROPOSITION/BALLOT LANGUAGE
•Single proposition versus multiple propositions with varying purposes
•Project specific language versus general constitutional language (preserving ability to use interest earnings and other excess funds for additional projects)
•Wording of ballot
•Restrictions after a proposition to issue bonds fails (City may not issue COs if proposition to authorize the issuance of bonds for the same purpose failed within the last 3 years)
•Contract with voters issue. Official actions of the City can further limit what bond proceeds can be used for-"TAB C"
Page 27 of 68
FEDERAL TAX LAW CONSIDERATIONS
•Consideration of any sizing issues
•Review/consideration of any management contracts
•Contract with rebate consultant regarding timing of
construction draws and other rebate issues
Page 28 of 68
ETHIC ISSUES
•Officers or employees of the City are prohibited from
spending City funds or using City resources (including
other employees) on communications that support or
oppose the bond election -See "TAB B"
•The City can only prepare communications that factually
describe the purpose of the bond election, and only if the
communication does not advocate the passage or defeat
of the bonds -See "TAB B"
•Violations can subject City officers and employees to
significant fines and/or jail time -See "TAB B"
Page 29 of 68
ETHIC ISSUES
•All materials prepared by the City regarding the bond
election must also be in English and Spanish
•Political action committees in support of or against the
bonds can be formed, but they must comply with Texas
Election Code and Texas Ethics Commission requirements
Page 30 of 68
NEXT STEPS
Page 31 of 68
NEXT STEPS
Briefing to City Council: Tuesday, September 8
•Request feedback on the length and amount of Bond Program
Next Committee Meeting: Monday, September 14
•Review status of projects from 2008 and 2015 road bonds
•Review potential project list (add projects to rank, if needed)
•Review project scopes and costs
Page 32 of 68
QUESTIONS AND FEEDBACK
Page 33 of 68
City of Georgetown, Texas
Mobility Georgetown Citizen Advisory Committee
August 24, 2020
S UB J E C T:
P res entation and disc ussion regarding the Mobility G eorgetown Bond P rogram timeline and the P rogram
P ublic Engagement – Bridget Hinze Weber, Assistant to the C ity Manager
IT E M S UMMARY:
F IN AN C IAL IMPAC T:
P res entation
S UB MIT T E D B Y:
S hirley R inn on behalf of Bridget Hinze Weber, As s is tant to the C ity Manager
AT TAC H ME N T S:
Description Type
Mobility Georgetown Engagement Report Backup Material
Page 34 of 68
Page 35 of 68
Page 36 of 68
Page 37 of 68
Page 38 of 68
Page 39 of 68
Page 40 of 68
Page 41 of 68
Page 42 of 68
Page 43 of 68
City of Georgetown, Texas
Mobility Georgetown Citizen Advisory Committee
August 24, 2020
S UB J E C T:
P res entation and disc ussion regarding the C ity bond elec tion and ethic issues – R ichard Donoghue,
Mc C all P arkhurs t & Horton
IT E M S UMMARY:
F IN AN C IAL IMPAC T:
Election and Ethics P res entation
S UB MIT T E D B Y:
S hirley J. R inn on behalf of R ic hard Donoghue, Mc C all P arkhurs t & Horton
AT TAC H ME N T S:
Description Type
Election and Ethics Overview Backup Material
Page 44 of 68
PROPOSED MAY 2021 BOND ELECTION
CITY BOND ELECTION ISSUES
Page 45 of 68
CITY ELECTION ISSUES i
TABLE OF CONTENTS
Page
A. Bond Election Issues .............................................................................................. A-1
B. Ethics Issues ............................................................................................................. B-1
C. Contract With the Voters ....................................................................................... C-1
D. Sample Propositions ................................................................................................ D-1
E. Election Schedule .................................................................................................... E-1
F. Sample Email to all Employees .............................................................................. F-1
G. Sample Exhibit to Resolution Calling Election Required by Section 3.009(b)
of the Texas Election Code .................................................................................... G-1
H. Sample Voter Information Document Required by Section 1251.052(b)
of the Texas Government Code ............................................................................ H-1
Page 46 of 68
CITY ELECTION ISSUES A-1
BOND ELECTION ISSUES
Below we have outlined some of the major legal issues involved in calling a bond election,
structuring a bond issue and preparing the necessary documents in order to call the election.
I. PRELIMINARY ISSUES
• Type of projects to be bonded
• Sizing considerations
• Negotiation and execution of joint election agreements and/or election
services agreements for election if election is to be jointly held
II. TIMING CONSIDERATIONS
• Election and notice schedule for May 1, 2021 election - See "TAB E"
• Availability of electronic voting equipment
• Date for holding election (current law authorizes bond elections only on
uniform election dates)
• Section 3.005 of the Election Code requires ordering an election held on the
date of a general election not later than the 78th day before election
• Notice of election must be given to the County clerk of each County that the
City is located not later than the 60th day prior to the election
• The City must prepare a "voter information document" for each proposition
that contains certain required financial information - See "TAB H"
• At least twenty-one (21) days prior to the election date, a substantial copy of
the Resolution calling the election, each voter information document and any
sample ballot prepared for the election must be posted in English and Spanish
(i) at three (3) public places within the City, (ii) at the location where the City
posts notices of meetings and (ii) on the City's website
• Notice of election in English and Spanish must also be published on the same
day in each of two (2) successive weeks in a newspaper of general circulation
in the City, the first of these publications to appear in such newspaper not
more than thirty (30) days, and not less than seventeen (17) full days prior to
the day of the election
• A copy of the election Resolution must be posted at each polling location on
the first day of early voting and posted continuously through the day of the
election
• Other general election notice/timing considerations (notice to election judges,
office hours for election, etc.)
III. ELECTION DAY POLLING PLACES/ELECTION JUDGES
AND CLERKS/EARLY VOTING
• Location of polling places/joint election procedures
• Appointment of election judges and clerks/joint election procedures
• Location of permanent and any temporary early voting polling places as well
as appointment of judges and clerks
• Decision to have joint early voting
Page 47 of 68
CITY ELECTION ISSUES A-2
IV. PROPOSITION/BALLOT LANGUAGE
• Single proposition versus multiple propositions with varying purposes
• Project specific language versus general constitutional language (preserving
ability to use interest earnings and other excess funds for additional projects)
• Wording of ballot
• Restrictions after a proposition to issue bonds fails (City may not issue COs if
proposition to authorize the issuance of bonds for the same purpose failed
within the last 3 years)
• Contract with voters issue - "TAB C"
V. FEDERAL TAX LAW CONSIDERATIONS
• Consideration of any sizing issues
• Review/consideration of any management contracts
• Contract with rebate consultant regarding timing of construction draws and
other rebate issues
VI. ETHICS ISSUES
• Officers or employees of the City are prohibited from spending City funds or
using City resources (including other employees) on communications that
support or oppose the bond election - See "TAB B"
• The City can only prepare communications that factually describe the purpose
of the bond election, and only if the communication does not advocate the
passage or defeat of the bonds - See "TAB B"
• Violations can subject City officers and employees to significant fines and/or
jail time - See "TAB B"
• All materials prepared by the City regarding the bond election must also be in
English and Spanish
• Political action committees in support of or against the bonds can be formed,
but they must comply with Texas Election Code and Texas Ethics
Commission requirements
Page 48 of 68
CITY ELECTION ISSUES B-1
ETHICS ISSUES
The following is a general discussion regarding issues that frequently arise when
conducting a bond election as they relate to political advertising. The employees and officers
of a political subdivision should be aware of the legal requirements imposed on
communications related to the bond election imposed by the Election Code and the Texas
Ethics Commission.
The Election Code specifically prohibits a political subdivision from using public
funds and resources to produce or distribute communications that support or oppose a bond
election. Section 255.003(a) of the Election Code prohibits an officer or employee of a political
subdivision from spending or authorizing the spending of public funds for "political
advertising." The Election Code's definition of "political advertising" includes
communications that support or oppose a candidate or a measure. A violation of Section
255.003 of the Election Code constitutes a Class A Misdemeanor and is punishable under the
Texas Penal Code by a fine of up to $4,000 and/or up to a year in jail. The Texas Ethics
Commission is the primary body that enforces election law issues such as advocacy and can
impose an additional civil penalty of up to $5,000 per violation.
The Election Code's requirements apply to all communications, both written and oral,
that are made by or at the direction of the employees and officers of the political subdivision
(including members of its governing body) and (i) are published in a newspaper, magazine or
other periodical, provided that such communication was paid for, (ii) are broadcast on the
radio or television, provided that such communication was paid for, (iii) appear in a pamphlet,
circular, flier, billboard or other sign, bumper sticker, or similar form of written
communication or (iv) appear on an Internet website. Additionally, the prohibition against the
use of public funds for communications that support or oppose a bond election extends to
the use of all property of the political subdivision, including the payment of mailers. Even
during non-working hours, the use of the political subdivision's copiers, telephones,
computers, email system, software, fax machines, office supplies and other property is
prohibited. The Election Code also contains a specific prohibition on the use of a political
subdivision's internal mail system by its employees or officers to distribute communications
that advocate a position on the election.
The Election Code does allow a political subdivision to expend public funds on
election communications that factually describe the bond proposition if the communication
does not advocate the passage or defeat of the bonds. However, the wording of any such
factual communication needs to be carefully considered as the Texas Ethics Commission has
indicated that no matter how much factual information appears in a communication, if the
communication contains any amount of advocacy, the communication will be considered
impermissible and will subject the employees and officers of the political subdivision who
prepared it to liability. The communication's overall tone and the emphasis placed on certain
statements can also lead to the communication being considered as advocating a position on
the bond election.
To help assure that the information contained in a communication will be considered
factual in nature, the information needs to be objectively verifiable and not subject to
interpretation or evaluation. Types of generally permissible factual information include: the
Page 49 of 68
CITY ELECTION ISSUES B-2
identification and costs of the proposed projects, comparisons to the services or facilities of
other similar political subdivisions, the estimated tax rate effect (assuming no change in
assessed valuation), voting dates and polling locations. The communication may also
encourage people to vote in the bond election.
However, the communication must be informational only in nature and cannot
advocate a position with respect to the Bonds. Communications cannot use words or phrases
that evaluate the proposed facilities or lack thereof, such as "fantastic," "state-of the art,"
"countless benefits," or "horrible shape." Such communications should also refrain from using
motivational slogans like "good schools are the foundation of a good community" and "every
child deserves a good school." Other statements intended to inspire action like "our future
depends on your commitment," "put the children first," and "show that you care about our
community" are also impermissible.
The following summary is intended to provide guidance to employees and officers
when they are communicating, orally or in writing, regarding a future bond election of the
political subdivision.
1. An employee or officer of a political subdivision may advocate for or against
a bond election on his or her nonofficial or off-duty time, and using his or her
own funds, so long as no resources of the political subdivision are used.
2. Actions or authorizations by an employee or officer of a political subdivision
involving the spending of public funds for political advertising are prohibited
by Texas Election Code 255.003. "Political advertising" is a communication
that advocates a particular outcome in an election and includes statements
made in writing, orally, email messages, posters, newsletters, fliers, television
or radio ads and Internet sites. An employee or officer who makes use of any
resources of the political subdivision to engage in political advertising,
including computer, copier or telephone use, is spending public funds in
violation of the Texas Election Code. Also, using paid time of employees of a
political subdivision to create or distribute political advertising is prohibited.
3. Any factual statement can be made at any time regarding the bond election
without violating the Texas Election Code. All political advertising, whether in
support of or against a bond election, is considered advocacy and is strictly
prohibited.
4. Most employees and officers violate the ethics laws by engaging in
communication that is considered advocacy. Obviously, asking for support or
rejection of a bond election is advocacy and using statements such as "Vote
For X" and "Defeat Y" is also advocacy. However, one of the difficulties in
understanding what is or is not advocacy comes from the Texas Ethics
Commission's prior decisions that have indicated whether communication is
advocacy can turn on the tone and emphasis of the statements made.
5. Officers or employees of the City are prohibited from spending City funds or
using City resources (including other employees) on communications that
Page 50 of 68
CITY ELECTION ISSUES B-3
support or oppose the bond election The City can only prepare
communications that factually describe the purpose of the bond election, and
only if the communication does not advocate the passage or defeat of the bond
proposition(s).
6. Violations can subject City officers and employees to significant fines and/or
jail time.
7. All materials prepared by the City regarding the bond election must also be in
English and Spanish.
8. Political action committees in support of or against the bonds can be formed,
but they must comply with Texas Election Code and Texas Ethics
Commission requirements. Such materials are available on the website of the
Ethics Commission at https://www.ethics.state.tx.us/forms/PACindex.php.
Page 51 of 68
CITY ELECTION ISSUES B-4
FREQUENTLY ASKED QUESTIONS
Q: What actions are prohibited after the City Council calls a bond election, but prior to
the bond election being held?
A: Actions or authorizations by an employee or officer of a political subdivision involving the
spending of public funds for political advertising are prohibited by Texas Election Code
255.003. "Political advertising" is a communication that advocates a particular outcome in an
election and includes statements made orally or in writing, email messages, posters,
newsletters, fliers, television or radio ads and Internet sites. An employee or officer who
makes use of any resources of the political subdivision to engage in political advertising,
including computer, copier, telephone or social media use, is spending public funds in violation
of the Texas Election Code. Also, using paid time of employees of a political subdivision to
create or distribute political advertising is prohibited.
Q: What can or can't I say about an upcoming bond election?
A: Any factual statement can be made at any time regarding the bond election without violating
the Texas Election Code. All political advertising, whether in support of or against a bond
election, is considered advocacy and is strictly prohibited.
Q: What's considered "advocating" for or against a bond election?
A: Most employees and officers violate the ethics laws by engaging in communication that is
considered advocacy. Obviously, asking for support or rejection of a bond election is advocacy
and using statements such as "Vote For X" and "Defeat Y" is also advocacy. However, one
of the difficulties in understanding what is or is not advocacy comes from the Texas Ethics
Commission's prior decisions that have indicated whether communication is advocacy can
turn on the tone and emphasis of the statements made.
Q: How can I know if a statement I want to make is advocacy? "Tone and emphasis" of
a statement is subjective and doesn't help me figure out if I'm about to make an ethical
violation.
A: Unfortunately, the Texas Ethics Commission has not provided a clear answer. Prior Ethics
Commission decisions are helpful in understanding the types of prohibited communications.
The following statements were all considered advocacy by the Ethics Commission and provide
some guidance in determining the types of statements that are impermissible:
"Although, as policy, we will not formally endorse, there is a choice there that some
of our leaders highly favor. You can contact me for who and why, but I am confident all of
you will research and make the right choice."
"It is very important for your children and the school district that the tax rollback
election pass."
A newsletter headline indicated the governing body "seeks voter approval" and a
quote stating "we want to sustain the excellence. And we are now asking voters if they too
want to sustain the excellence."
Page 52 of 68
CITY ELECTION ISSUES B-5
"[O]ur citizens now have the opportunity to support X for the 21st Century. Please
support the vision – our future depends on your commitment."
"This bond is the right thing to do for the children of this community."
The following types of terms and phrases are also considered advocating a position
and should not be used:
"Best solution"
"State-of-the-art"
"Countless benefits"
"Horrible shape"
"Need"
"We must do something"
The following types of motivational slogans and calls to action are also violations:
"Good Schools are the Foundation of a Good Community"
"Every Child Deserves a Good Education"
"Put Children First"
"Show that You Care about Our Community"
Q: Is that an exhaustive list?
A: No. The comments listed above are representative of the type of statements that are
considered advocacy. Any statement that is similar in tone or content to any of the above
should be avoided.
Q: It doesn't seem like I can say much. What is permitted?
A: Texas Election Code 255.003(b) exempts communication that "factually describes the
purposes of a measure if the communication does not advocate passage or defeat of the
measure." Also, an employee or officer of a political subdivision may advocate for or against
a bond election on his or her non-official or off-duty time so long as no resources of the
political subdivision are used.
Q: If I'm working on an advocacy campaign in my free time, can I take phone calls at
work or receive/respond to emails for that campaign from my work computer?
A: No. There is no de minimis exception to the use of equipment of the political subdivision.
Brief telephone calls, one sentence emails, sending or receiving a fax, printing a single page off
a work printer or making a single copy are prohibited. An employee or officer violates the
Texas Election Code even if they will reimburse the political subdivision for the costs
associated with using a work machine or resource. All advocacy activity should be conducted
in the employee's or officer's free time and should not involve any machinery or equipment
owned by the political subdivision.
Page 53 of 68
CITY ELECTION ISSUES B-6
Q: It is a fact that our political subdivision needs this project and will not be able to grow
without it. Does the Texas Election Code allow me to explain that?
A: No. This type of statement is prohibited and considered advocating for the project. It is for
the voters to determine need and the future growth of the community, and an employee or
officer cannot explain a project this way. The following objectively verifiable information, is
classified as factual and is representative of the type of information that can be presented by
an employee or officer of a political subdivision prior to a bond election: growth rates; student
capacity of a school facility; performance data; relationship between the political subdivision's
mission and public welfare; specific data on how obtaining or not obtaining bond funds will
affect the political subdivision's mission and goals; age/condition of facilities; tax rate effect;
cost of projects; identifying the proposed projects; information on establishment of
committees to assist management of successful bond programs; efforts to provide factual
information about the election; voter registration and encouraging voter turnout; voting dates;
and polling place locations.
Q: If I stick to factual information, will I avoid an ethical violation?
A: Probably, but it's necessary to remember that the tone and emphasis of the information
presented, even if purely factual, may give rise to a violation punishable by the Texas Ethics
Commission. Bold or italicized print in a written communication could be viewed as advocacy
even if the information presented is strictly factual. Also, a preponderance of "facts" that set
forth reasoning supporting passage of a bond election may result in the overall content of the
communication being seen to be an advocacy statement.
Q: We want to prepare a newsletter/article/pamphlet/advertisement/press release
explaining the bond election. Do these same issues apply?
A: Yes. Material produced by a political subdivision cannot contain advocacy. It is important to
allow both opponents and proponents of a measure to use material produced by the political
subdivision in their efforts. Favorable treatment to one side must be avoided. Extra copies
of materials produced by the political subdivision should not be provided to either side and
they should make copies at their own expense.
Q: Can we provide space on property owned by the political subdivision for advocacy
groups to distribute literature or advocate for their side?
A: As a general rule, advocacy literature produced by proponents or opponents cannot be
distributed or available on property owned by the political subdivision, even if equal access is
allowed to both sides. In some instances, such as elections involving college districts that have
established "free speech" zones on its campus, advocacy provided by third parties can be
posted or presented in such designated areas. Another exception is that a political subdivision
can establish a public forum reserved for discussion of certain topics, at which advocacy
literature may be made available by the advocacy groups, although the government itself
cannot participate if its participation is to advocate passage. A public forum or public debate
is permitted if all sides have the same opportunity to participate and viewpoint discrimination
is prohibited and restrictions on the public forum must be reasonable in light of the purpose
served by the forum.
Page 54 of 68
CITY ELECTION ISSUES B-7
Q: Do these types of ethical violations apply only to bond related projects?
A: These ethical rules apply to advocacy during any kind of election, bond related or not. It
comes up most often in bond elections, but if the City were to present another question to
voters (eg. charter provisions), public resources cannot be used to advocate for/against those
either.
Q: How does any of this apply to members of organizations that support the City?
A: If a group is independent from the City and doesn't access any public resources, these
restrictions won’t apply, however if they use public space, such as a meeting room in a library,
then they’d be prohibited from using it for advocacy. Also, if the group receives any money
from the City for their activities, they would need to be certain that none of it was used for
advocacy. Often, groups like these become inactive during a bond election cycle, but the same
group of people create a PAC to raise money and advocate for/against their issue to avoid any
appearance of advocacy.
Q: What about City advisory and statutory committee/commission members? Do these
ethics laws apply to these group members while they are acting as volunteers or sitting
as an advisory committee member on one of the City’s committees?
A: These group members are in the same position as members of the various foundations
mentioned above. If they receive public funds, or use any public resource these rules would
apply. If they are completely independent and all activities occur away from City facilities and
not during work hours for the various employees, they can exercise all their rights as citizens.
Using a public resource is what would trigger a problem.
Q: What about law enforcement associations?
A: These group members are also treated the same as foundation members or members of the
groups mentioned in the preceding question -- if these association members receive public
funds, or use any public resource for advocacy these rules would apply.
Q: Periodically, the City will put up signage in certain parts of the City that declares
“Future Site of ____________________.” Can we continue to do this for projects that
are being considered for placement on the ballot? If yes, then does this change once
the project tie to that parcel and signage is placed on an official ballot?
A: So long as you are certain of a location, it would be educational to voters to clarify where a
project would go. The City would need to be certain the signage is neutral and strictly factual,
therefore it would better to describe the location as “Proposed Site for ______________”
instead of just stating “Future Site” since that could be viewed as advocacy before voters have
Page 55 of 68
CITY ELECTION ISSUES B-8
determined whether they even want the road, park or other facility, but putting up this type of
signage in a neutral way would be appropriate if the location is certain.
Q: What about an employee that places a bumper sticker regarding a ballot measure on
their private vehicle that is parked in designated staff parking spaces?
A: Unless an employee receives a stipend/car allowance or the City provides them with a car, a
person can exercise their first amendment rights and place a bumper sticker on their personal
vehicle. Merely parking their vehicle in a City lot, even in designated staff parking areas, should
not trigger a violation.
Q: How serious is this type of ethical violation? What are the penalties?
A: A person who violates Texas Election Code 255.003 commits a Class A misdemeanor
punishable by a civil fine of up to $5,000, or, for a sworn complaint deemed frivolous, up to
$10,000. If the violation was intentional or knowing, criminal charges, including bribery,
coercion of public servant or voter, abuse of official capacity or official oppression, could be
brought. Each of these violations is against the employee or officer committing the offense
and not against the political subdivision.
Page 56 of 68
CITY ELECTION ISSUES C-1
CONTRACT WITH THE VOTERS
It is a well-established principle of Texas law that proceeds of bonds approved by the voters may only
be expended for the purposes for which they were approved and they may not be expended for additional or
different purposes.1 The order calling a bond election, which must state the purpose for which the bonds will
be issued, has been interpreted to create a contract with the voters if the voters approve the bond issue.2
When an election order calling an election states only the general purpose for which bonds will be
issued and does not specify particular projects for which the proceeds will be used, the governing body is free
to exercise its discretion in expending the funds for projects within the scope of the general purpose.3 Yet, even
in such a case, the governing body must act reasonably.4 On the other hand, if the election order specifies the
projects for which bonds will be issued, the proceeds can only be used for those specific projects, and cannot
be applied to different projects.5 Texas law further provides that where an election order specifies the location
of a project to be constructed, the governing body gives up its discretion to select a different location after the
election passes and must construct the project at the location approved by the voters.6
In determining the purposes for which the bonds were voted, the courts have looked not only to the
election order and notices, but also to resolutions, orders, and minutes adopted by the governing bodies prior
to the election. Thus, where governing bodies formally adopt orders, minutes, resolutions, or "official
statements" prior to the election, pledging that the proceeds of bonds will be used on a certain project or
projects, such pledge also becomes part of the governing body's contract with the voters.
In certain instances a court has determined that the governing body is not bound by representations
of employees. In Davis v. Duncanville Independent School District, Davis sought to enjoin the construction of a
swimming pool by the district on the theory that prior to the election the superintendent had made numerous
presentations to voters throughout the district, during which he described the facilities to be constructed with
the proceeds of the bonds, and none of which representations ever included references to any swimming pools.
The court held:
A school district was not bound by representations concerning use of school bond proceeds
that were made by the school district superintendent at a number of community meetings and
contained in a leaflet distributed to residents of the school district where the representations were
not formally adopted by the school board as a body at a properly called meeting. Davis, at 16.
1 Moore v. Coffman, 200 S.W. 374 (Tex. 1918); Black v. Strength, 246 S.W. 79 (Tex. 1922).
2 Moore, at 374-375; Black, at 80-81; see also Devorsky v. La Vega Independent School District, 635 S.W.2d 904 (Tex.
App. - Waco 1982, no writ); Inverness Forest Improvement District v. Hardy Street Investors, 541 S.W.2d 454 (Tex. Civ. App. -
Houston [1st Dist.] 1976, writ ref'd n.r.e.); Blanton v. City of Houston, 350 S.W.2d 947 (Tex. Civ. App.- Houston 1961, writ
granted), judgm't vacated & cause dism'd on other grounds, 353 S.W.2d 412 (Tex. 1962).
3 Barrington v. Cokinos, 338 S.W.2d 133 (Tex. 1960); Hudson v. San Antonio Independent School District, 95 S.W.2d 673
(Tex. 1936); Lewis v. City of Fort Worth, 89 S.W.2d 975, 978 (Tex. 1936); Davis v. Duncanville Independent School District, 701
S.W.2d 15 (Tex. App. - Dallas, writ dism'd).
4 Barrington, at 143; Lewis, at 978.
5 Moore, at 374-375; Black, at 80-81; Devorsky, at 908; Inverness Forest Improvement District, at 460; Blanton, at 951.
6 Moore, at 374.
Page 57 of 68
CITY ELECTION ISSUES C-2
Implied in the Court's holding, however, is the concept that if the board of trustees of the
district does act as a body to formally adopt a specific group of projects or statements regarding
specific projects to be financed with bond proceeds, the district has created a "contract with the
voters" governing the use of bond proceeds for such purposes.
Furthermore, in Taxpayers for Sensible Priorities v. City of Dallas1, the Court held that extraneous documents
relating to a bond proposition that were not approved by the City Council do not form a contract with the
voters. In Taxpayers for Sensible Priorities, the City's staff developed, printed and distributed a pamphlet and two
other documents that described certain bond propositions, including a proposition relating to the Trinity River
Corridor Project. All three documents bore the City's official seal and allocated amounts for various
components of the project. In addition, the pamphlet included the names of each City Council member. The
lawsuit alleged that these three documents were part of the contract with the voters and that the City violated
the contract by altering the project from the description in the three documents. The Court disagreed and held
that "the bond proposition itself is the contract between voters and the City, and extraneous documents not
approved by the City Council do not form any part of that contract." In addition, the Court reaffirmed the
holding in Davis that "a political subdivision cannot be bound by the representations of individual council
members or the City staff."2
It is important to consider that the Court gave great weight to an affidavit of the City's secretary
asserting that the City Council did not authorize the publication or distribution of the pamphlet, and that no
official action of the City Council was taken to approve any other representation to the public regarding the
Trinity River Corridor project, other than the proposition itself. Taxpayers for Sensible Priorities at 675. In doing
so, the Court, as in Davis, implied that if the City Council had directed the production of the pamphlet and
other documents, or approved their content by official action, the pamphlet and other documents may become
part of the contract with the voters.
Notwithstanding these well-established principles, there are several cases in which the courts found
that even though a contract with the voters was created for a particular project or projects at a particular location
or locations by formal adoption of orders, minutes, resolutions, or "official statements" prior to the election,
the governing bodies did not act arbitrarily or illegally in abandoning or altering the size, scope, location or
character of the projects.
In Hudson v. San Antonio Independent School District3, Hudson sought to restrain the district from spending
bond proceeds of school bonds for other than construction of a high school building at a particular site. The
voters had approved bonds in question "for the purpose of constructing, remodeling, equipping and repairing
public free school buildings and the purchase of the necessary sites therefor." Two days before the election,
however, the board of trustees of the district entered in its minutes an "official statement" that if the bonds
were approved, the board would use $750,000 of the proceeds to build a new senior high school at "Aster and
South Pine Streets." Hudson argued that the board was bound by its official statement to build the high school
at that location. The court stated that while the election order and notice were in general terms and gave the
school board the discretion in expending the proceeds for legitimate projects, the official statement had the
effect of pledging to the voters that the proceeds would be used for the particular projects. However, the court
determined that the voters had not relied on the subsequent official statement in voting to authorize the school
building bonds. Therefore, the court concluded the "official statement" would not be enforced, and the school
1 Taxpayers for Sensible Priorities v. City of Dallas 79 S.W.3d 670 (Tex. App. – Dallas 2002).
2 Id. at 675.
3 Hudson v. San Antonio Independent School District, 95 S.W.2d 673 (Tex. 1936)
Page 58 of 68
CITY ELECTION ISSUES C-3
board was not limited to using the bond proceeds for the high school. In so concluding, the court reasoned
that conditions had so materially changed since the bonds were voted that building the high school would be
unwise and unnecessary expenditure of school funds. Accordingly, the court also concluded that the school
board had not acted arbitrarily in abandoning the high school project.
In making its decisions, the Court in the Hudson case relied upon the holding in Black v. Strength:
It will be noted that the opinion in the Black Case does not hold absolutely that in all instances
where the voters have voted bonds, relying on a subsequent order pledging that the proceeds
would be used on a certain project or projects, the governing body must carry out the order
or pledge, regardless of consequences or changed conditions. It merely holds that the
governing body must not "arbitrarily ignore or repudiate" such order or pledge. In the case at
bar, it is shown ... by the record that the conditions have so materially changed since the bonds
were voted that the building of the high school building here involved would be an unwise
and unnecessary expenditure of public school funds. Such record does not show that the
board acted arbitrarily in abandoning the project.1
At the same time, however, the Texas Attorney General has noted that Hudson cannot be read
to establish the principle that the Board had the discretion to use bond proceeds for projects different from
those approved by the voters.2 The Texas Attorney General notes that nothing in the Hudson court's opinion
indicates that because the school board in that case could reasonably abandon the particular high school project,
it had discretion to use bond proceeds for projects different from those approved by the voters. The board of
trustees was clearly limited to expending the bond proceeds for constructing, remodeling, equipping, and
repairing school buildings and acquiring the necessary sites. While such purposes were much broader than the
particular high school building project the school board had abandoned, they were obviously not different or
additional purposes given that these were precisely the purposes stated in the bond election proposition and
approved by the voters.
1 Hudson at 674-675.
2 Op. Tex. Atty. Gen. LO98-060 (1998).
Page 59 of 68
CITY ELECTION ISSUES D-1
SAMPLE PROPOSITIONS
Draft Bond Propositions
PROPOSITION A
Shall the City Council of the City of __________, Texas, be authorized to issue the bonds of
the City, in one or more series or issues, in the aggregate principal amount of $[__________] with the
bonds of each such series or issues, respectively, to mature serially within not to exceed twenty 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, acquiring, improving, renovating, expanding, developing and equipping, land
and buildings for park and recreational purposes including any necessary infrastructure 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 principal
of and interest on said bonds?
PROPOSITION B
Shall the City Council of the City of __________, Texas, be authorized to issue the bonds of
the City, in one or more series or issues, in the aggregate principal amount of $[__________] with the
bonds of each such series or issues, respectively, to mature serially within not to exceed twenty 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, acquiring, improving, renovating, expanding, developing and equipping, land
and buildings for public safety purposes including the acquisition of any necessary sites and any related
infrastructure, demolition and other 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 principal of and interest on said bonds?
PROPOSITION C
Shall the City Council of the City of __________, Texas, be authorized to issue the bonds of
the City, in one or more series or issues, in the aggregate principal amount of $[__________] with the
bonds of each such series or issues, respectively, to mature serially within not to exceed twenty 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, acquiring, improving, renovating, expanding, developing and equipping, land
and buildings for animal shelter facilities and projects including any necessary infrastructure 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 principal
of and interest on said bonds?
Page 60 of 68
CITY ELECTION ISSUES D-2
DRAFT BALLOT LANGUAGE
PROPOSITION A
FOR ( ) THE ISSUANCE OF $[____________] CITY OF __________, TEXAS
TAX BONDS FOR PARK AND RECREATIONAL FACILITIES AND
PROJECTS. TAXES SUFFICIENT TO PAY THE PRINCIPAL OF AND
INTEREST ON THE BONDS WILL BE IMPOSED.
AGAINST ( )
PROPOSITION B
FOR ( ) THE ISSUANCE OF $[____________] CITY OF __________, TEXAS
TAX BONDS FOR PUBLIC SAFETY FACILITIES AND PROJECTS.
TAXES SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST
ON THE BONDS WILL BE IMPOSED.
AGAINST ( )
PROPOSITION C
FOR ( ) THE ISSUANCE OF $[____________] CITY OF __________, TEXAS
TAX BONDS FOR ANIMAL SHELTER FACILITIES AND PROJECTS.
TAXES SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST
ON THE BONDS WILL BE IMPOSED.
AGAINST ( )
Page 61 of 68
CITY ELECTION ISSUES E-1
ELECTION SCHEDULE
Page 62 of 68
Cities and Counties – May 2021 Bond Election1 Schedule of Major Events*
Event Time Required** Date Done
First day for governing body to adopt the Order/Ordinance calling the Bond Election. Gov. Code
§1251.003(c)
90 days before election Sunday, January 31, 2021
Last day for the governing body to adopt the Order/Ordinance calling the Bond Election §3.005 78 days before election Friday, February 12, 2021
Last day for governing body to give notice of election to applicable county clerk(s) and to voter
registrar. §4.008
60 days before election Tuesday, March 2, 2021
First day of mandatory office hours in which the secretary/clerk must keep office open for election
duties for at least 3 hours during regular business hours on regular business days. §31.122(a)(1)
50 days before election Friday, March 12, 2021
First day to publish the first of two successive weekly notices of election in a newspaper circulated
in the territory covered by the election.2 §4.003(a)(1), (c) & Gov Code §1251.003(e) 30th day before election Thursday, April 1, 2021
Last day for eligible voters who are not yet registered to submit their applications for registration.
§13.143(a) & (b)
30th day before election Thursday, April 1, 2021
Last day to post election order, Notice of Election, contents of proposition and any sample ballot
prepared for election on political subdivision's website, if website is maintained. §4.003(f)
21st day before election3 Monday, April 12, 2021
Last day to post Notice of Election and polling places on bulletin board if Notice of Election is not
posted on county website. §4.003(b)4
21st day before election Monday, April 12, 2021
Last day to post election ordinance in three public places in the boundaries of the political
subdivision. §4.003(f)
21st day before election Monday, April 12, 2021
Last day to publish the first of two successive weekly notices of election in a newspaper circulated in
the territory covered by the election. §4.003(a)(1), (c) & Gov Code §1251.003(e)
17th day before election Wednesday, April 14, 2021
Last day to submit by personal delivery an application for a ballot to be voted by mail. §84.008(a) &
§85.001(a), (e)
Last business day before the
first day for Early Voting
Friday, April 16, 2021
First day for Early Voting. The bond election order must be posted at each polling location.
§85.001(a), (c) & (e) & §4.003(f)(1)
12th day before election3 Monday April 19, 2021
Last day to submit by mail an application for a ballot to be voted by mail. §84.007(c) 11th day before election5 Tuesday, April 20, 2021
Last day to publish the second of two successive weekly notices of election in a newspaper
circulated in the territory covered by the election. §4.003(a)(1), (c) & Gov Code §1251.003(e)
10th day before election Wednesday, April 21, 2021
Last day to post notices of consolidated precincts. §4.003(b) 10th day before election Wednesday, April 21, 2021
Last day for Early Voting. §85.001(a) 4th day before election Tuesday, April 27, 2021
First day to post notice of each delivery of early voting ballots to the early voting ballot board.
§87.023(b)
24 hours before each delivery Tuesday, April 27, 2021
First day to deliver early voting ballots to the early voting ballot board (assuming notice has been
posted 24 hours in advance of each delivery). §87.023(b)
After the end of the period for
Early Voting
Wednesday, April 28, 2021
Election Day - Polls Open 7:00 a.m. to 7:00 p.m. The bond election order/ ordinance must be
posted at each polling location. §41.031 & §4.003(f)(1)
Election Day Saturday, May 1, 2021
Earliest possible day for governing body to canvass election. §67.003 (Notice of meeting to canvass
election returns must be posted 72 hours before meeting. Texas Gov. Code §551.043)
3rd day after election6 Tuesday, May 4, 2021
Last day for governing body to canvass election. §67.003 11th day after election Wednesday, May 12, 2021
Last day of mandatory office hours for the election. §31.122(a)(2) 40th day after election Thursday, June 10, 2021
1 Bond elections may only be held on the May and November uniform election dates. Pursuant to Senate Bill 100, 2011 Legislative Session, county-ordered elections may not be held on the
May uniform election date in even-numbered years. §41.001. The uniform election date for a November election is the first Tuesday after the first Monday in November §41.001 (a)(3).
* All dates and deadlines may be subject to change by the Texas Legislature through future legislation.
** As a general rule, if the last day to perform an act falls on a Saturday, Sunday, or a legal state or national holiday, then the deadline becomes the next regular business day, unless a
particular provision of the election code provides otherwise. §1.006.
2 Home Rule cities must also give notice as provided in their charters.
3 If the governing body orders early voting to occur on a Saturday or Sunday, then notice of the early voting must be posted on the bulletin board 72 hours before such early voting during the early voting
period. §85.007(b) & (c). For purposes of notice of early voting, House Bill 2721, 2015 Legislative Session, requires posting the election not ice on the Internet website of the authority ordering the
election, if the authority maintains a website.
4 Even if the Notice of Election is posted on the county website under §4.003(b), prior to election day notice of election shall be given by posting a substantial copy of the election order at the city hall, if
the election is a municipal election. Tex Gov't Code §1251.003(d).
5 If this date falls on a Saturday, Sunday, or a legal state or national holiday, then the deadline is moved to the first regular business day before that date. §84.007(c) (NOTE: This is an
exception to the general rule). Senate Bill 5, 2017 Legislature, 1st Called Session, established that an application is considered to be submitted at the time of its receipt by the early voting
clerk. §84.007(d).
6 Before canvassing, any provisional ballots cast must be verified and counted, and all ballots from outside the US received within 5 days of the election must also be counted.
Page 63 of 68
CITY ELECTION ISSUES F-1
SAMPLE EMAIL TO ALL EMPLOYEES
S A MP L E M E M O R A N D U M
DATE: _____________________________
TO: _____________________________
FROM: _____________________________
RE: Permissible Conduct and Comments of Employees and Officers of Political
Subdivisions Leading up to a Bond Election
As you are likely aware, the City called a bond election to be held May 1, 2021. Under Texas law, when
a political subdivision, including the City, has called an election the employee, officer or any member of the
governing body or representative of the City is prohibited from using any resources of the City for political
advertising (i.e., in any way advocating for or against the bond propositions) pursuant to Texas Election Code
255.003. Any of these persons who make use of any of the resources of the City to engage in political
advertising, including computer, copier, City social media or telephone use, is spending public funds in violation
of Texas law.
There is no de minimis exception to the use of resources of the City for political advertising. Brief
telephone calls, one sentence emails, sending or receiving a single fax, printing a single page off a work printer
or making a single copy are prohibited. Any advocacy activity should be conducted in the employee's or officer's
free time and should not involve any machinery, equipment or other resources of the City.
A person who violates Texas Election Code 255.003 commits a Class A misdemeanor punishable by a
civil fine of up to $4,000, and/or up to a year in jail. The Texas Ethics Commission can impose an additional
civil penalty of up to $5,000 per violation.
Page 64 of 68
CITY ELECTION ISSUES G-1
SAMPLE EXHIBIT LANGUAGE
EXHIBIT "___"
ANEXO "___"
INFORMATION REQUIRED PURSUANT TO
SECTION 3.009(b) OF THE TEXAS ELECTION CODE1
In accordance with the provisions of 3.009(b) of the Texas Election Code, it is hereby found and
determined that:
(1) The proposition language that will appear on the ballot is set forth in Section [9] of this Resolution.
(2) The purpose for which the Bonds are to be authorized is set forth in Section [8] of this
Resolution.
(3) The principal amount of the Bonds to be authorized is set forth in Sections [8] and [9] of this
Resolution.
(4) As set forth in Sections [8] and [9] of this Resolution, if the bonds are approved by the voters,
the City Council will be authorized to levy annual ad valorem taxes, on all taxable property in the City, sufficient,
within the limits prescribed by law, to pay the principal of and interest on the bonds and the cost of any credit
agreements executed in connection with the bonds..
(5) Based upon the bond market conditions on the date this Resolution is approved, the maximum
interest rate for any series of the Bonds authorized to be sold by the voters is estimated to be [___]%, as
calculated in accordance with applicable law. Such estimate is based on advice received from the City's financial
advisors, which advice takes into account a number of factors, including the timing of the issuance of debt
obligations approved by the voters, the maturity schedule for debt obligations issued by the City, and the
expected credit ratings of the proposed debt obligations. The estimated maximum interest rate is provided as a
matter of information, but is not a limitation on the interest rate at which the Bonds, or any series thereof, may
be sold.
(6) As set forth in Section [8] of this Resolution, if the Bonds are approved by the voters, the Bonds
may be issued in one or more series to mature serially over a period not to exceed [the maximum number of
years authorized by law][[_____] years from the date of issuance of each series of bonds].
(7) As of the date this Resolution is approved, the aggregate amount of outstanding principal of the
City's debt obligations is $__________.
(8) As of the date this Resolution is approved, the aggregate amount of outstanding interest on
the City=s debt obligations is $__________.
(9) As of the date of this Resolution, the ad valorem debt service tax rate of the City is $_____ per
$100.00 valuation of taxable property.
1 This information is provided solely for purposes of compliance with Section 3.009(b) of the Texas Election Code and is for illustration
purposes only. The information is not a part of the proposition to be voted on and does not create a contract with the voters.
Page 65 of 68
CITY ELECTION ISSUES H-1
SAMPLE VOTER INFORMATION DOCUMENT
Voter Information Document – City of [__________], Texas Special Election
Proposition [A]
Ballot Information: At the Election, the following language will appear on the ballot:
CITY OF [__________], TEXAS SPECIAL ELECTION
CITY OF [__________], TEXAS PROPOSITION [A]
FOR ______
AGAINST ______
)
)
)
)
)
)
THE ISSUANCE OF $[_____] BONDS BY THE CITY OF [__________],
TEXAS, FOR [PLAIN LANGUAGE DESCRIPTION OF PURPOSE]. TAXES
SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE
BONDS WILL BE IMPOSED.
Estimated Debt Service Information:
The following table sets forth the estimated principal amount of, and interest due to maturity on, the bonds
to be issued if Proposition [A] passes, and all outstanding obligations of the City secured by and payable
from ad valorem taxes.
Principal
Amount of
Bonds to be
authorized
under
Proposition [A]
Estimated
interest for
Bonds to be
authorized
under
Proposition
[A](1)
Estimated combined
principal and
interest required to
pay on time and in
full the Bonds to be
authorized under
Proposition [A](1)(2)
Principal of
City's Existing
Outstanding
Debt
(as of [Date
Election is
Called])(3)
Remaining
interest on
City's Existing
Outstanding
Debt
(as of [Date
Election is
Called])(3)
Combined
Principal and
Interest to timely
pay City's
Existing
Outstanding
Debt
(as of [Date
Election is
Called])(3)
$________ $________ $________ $________ $________ $________
(1) Interest on the proposed bonds under Proposition [A] was calculated at a weighted average interest
rate of [_____]% based on market conditions as of [Date Election is Called], and therefore, the
actual interest payable on such proposed bonds may be less than, or more than, the amounts set
forth above based on market conditions at the time of sale of the proposed bonds to be authorized
under Proposition [A].
(2) Assumes the proposed bonds under Proposition [A] will be sold at their par amount of
[$_______,000]. If Proposition [A] is approved by the voters, upon the actual sale of the bonds, the
principal amount of bonds sold may decrease based on market conditions at the time of such sale.
(3) Aggregate of all outstanding obligations of the City secured by and payable from ad valorem taxes
as of the date of [Date Election is Called]. [Excludes the following obligations of the City, which
the City has designated by resolution as being self-supporting: _____.] [Such amount also includes
obligations which the City currently intends to pay from sources other than ad valorem taxes but
Page 66 of 68
CITY ELECTION ISSUES H-2
that could be paid from ad valorem taxes if such other sources are not available at the time required
for payment.]
Based on the information and assumptions provided in the table above, the estimated maximum annual
increase in the amount of ad valorem taxes that would be imposed on a residence homestead in the City
with a taxable appraised value of $100,000 to repay the proposed bonds to be authorized under Proposition
[A], is $[_____]. This estimate assumes (i) that annual growth of the City's taxable assessed valuation at a
rate of [_____]% through tax year [_____], and holds the City's taxable assessed valuation constant
thereafter and (ii) that the proposed bonds will be issued in an amortization that will produce relatively
consistent levels of debt service in each year.
The information provided in this Document is solely for purposes of compliance with Section 1251.052 of
the Texas Government Code and is for illustration purposes only. The information is not a part of the
proposition to be voted on and does not create a contract with the voters. [A Voter Information Document
for the City's Proposition [B] and City's Proposition [C] accompany this Document. See such other voter
information documents for additional information relating to other potential new debt of the City.]
{Drafters' Note: The VID must identify the major assumptions used to determine the estimated
maximum annual increase in taxes imposed on a residence homestead, including but not limited to, (1) the
amortization of the political subdivision's debt; (2) changes in estimated future appraised values within the
political subdivision; and (3) the assumed interest rate on the proposed debt obligations. The language
provided in this VID is an example of language that could be used, depending on the specific facts and
circumstances of a particular political subdivision, additional or different assumptions may be necessary to
disclose.}
Page 67 of 68
City of Georgetown, Texas
Mobility Georgetown Citizen Advisory Committee
August 24, 2020
S UB J E C T:
P ublic C omment - Erc el Bras hear, C ommittee C o-C hair
IT E M S UMMARY:
C itizen c omments related to a s ubjec t pos ted on this agenda are ac cepted in three different formats :
1. S ubmit written comments to bridget.weber@georgetown.org b y 5:00 p.m. on the day before the date
of the meeting and the R ec o rd ing S ec retary will read your c o mments into the rec o rd ing during the
item that is being dis cus s ed.
2. Log onto the meeting at the link above and “raise your hand” during the item.
3. Us e your home/mobile phone to call the toll-free number.
To jo in a Zo o m meeting, c lick on the link provid ed and jo in as an attendee. You will be asked to enter your
name and email ad d res s (this is s o we c an identify you when yo u are c alled upon). To s p eak on an item,
clic k on the “R ais e your Hand” option at the bottom of the Zoom meeting webpage once that item has
opened. W hen you are called up o n by the R ecording S ec retary, yo ur device will b e remo tely un-muted by
the Adminis trato r and yo u may s p eak for three minutes. P leas e s tate your name c learly, and when yo ur time
is over, your devic e will be muted again.
Us e o f profanity, threatening language, sland ero us remarks or threats o f harm are no t allowed and will result
in you being immediately removed from the meeting.
O n a subject not posted on the agenda: P ersons may add an item to a future R egularly s cheduled
Advisory C o mmittee agenda b y filing a written req uest with the S taff Liaison no later than one week
prior to the Advisory Committee meeting. T he req uest mus t inc lude the s p eaker ’s name and the
s pecific to p ic to b e addres s ed with s uffic ient informatio n to info rm the Ad vis ory C o mmittee and the
pub lic . Only those persons who have submitted a timely request will be allowed to speak. P lease
contac t the Board Liaison to sign up to s peak at:
Bridget.Weber@georgetown.org.
At the time of posting, no one had signed up to speak.
F IN AN C IAL IMPAC T:
P ublic C omment
S UB MIT T E D B Y:
Page 68 of 68