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HomeMy WebLinkAbout(2) P.O. 5785: BOND ELECTION City of Port Arthur Finance Department Memorandum To: From: Date: Steve Fitzgibbons, City Manager Rebecca Underhill, CPA, Director of August 30, 2007 Re: P.O. 5785 - An Ordinance Calling a Bond Election to Be Held November 6, 2007 Proposed Ordinance 5785 calls a bond election for November 6, 2007. The election would provide for six (6) propositions, and allocate funding for each activity: 1. Water Facilities 2. Public Safety Facilities 3. Drainage Improvements 4. Streets (with related drainage) 5. EDC Business Park Streets 6. Parks and Recreation $4 million $3 million $2 million $3 million $3 million $2 million These activities include funding for all of the projects discussed with Council over the last several months, except for the Phase II, SSES projects. These projects will be funded through a Certificates of Obligation issue. Should all of the propositions pass, the City would have $17 million in bond authorization, which could then be issued in the respective categories. Should any proposition fail, the Council would be prohibited from authorizing Certificates of Obligation to fund that activity. ORDINANCE NO. P. O. No. 5785 08/31/07 ru/ts AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT ARTHUR CALLING A BOND ELECTION TO BE HELD WITHIN SAID CITY; MAKING PROVISIONS FOR THE CONDUCT AND THE GIVING OF NOTICE OF THE ELECTION TO BE HELD ON NOVEMBER 6, 2007; AND CONTAINING OTHER PROVISIONS RELATING THERETO WHEREAS, the City Council of the City of Port Arthur, Texas (the ~'City") finds and determines that it is necessary and advisable to call and hold an election for and within the City on the propositions hereinafter set forth; and WHEREAS, it is hereby officially found and determined that said election shall be held on a uniform election date established by Section 41.001(a), Texas Election Code, as amended, as required by Texas law; and WHEREAS, the City Council, pursuant to the applicable provisions of the Texas Election Code has agreed to conduct a joint election with other political subdivisions within Jefferson County (the ~'County") and contract with the Jefferson County for Election Services (the ~Joint Election Agreement"); and WHEREAS, the City Council finds and declares that the meeting at which this Ordinance is considered is open to the public, and that the public notice of the time, place and z .po5785 purpose of the meeting was given, as required by Chapter 551, Texas Government Code, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. Findings. The statements contained in the preamble of this Ordinance are true and correct and are hereby adopted as findings of fact and as a part of the operative provisions hereof. Section 2. Election Ordered; Date; Propositions. An election (the ~Election") shall be held for and within the City on Tuesday, November 6, 2007 (~Election Day"), in accordance with the Texas Election Code (the ~Code"). At the Election the following propositions (the ~Propositions") shall be submitted to the qualified voters of the City in accordance with law: PROPOSITION NO. ONE SHALL THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS, BE AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THE BONDS OF THE CITY IN THE AMOUNT OF $4,000,000, MATURING SERIALLY OR OTHERWISE WITHIN 40 YEARS FROM THEIR DATE OR DATES, A~ND BEARING INTEREST AT SUCH P~ATE OR RATES, NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL AT THE TIME OF ISSUANCE, FOR THE PURPOSE OF THE CONSTRUCTION, ACQUISITION AND IMPROVEMENT OF WATER FACILITIES, AMD TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN THE CITY 2LN-NUALLY SUFFICIENT TO PAY THE INTEREST ON THE BONDS AS IT ACCRUES AND TO CREATE z .po5785 A SINKING FUND TO PAY THE PRINCIPAL OF THE BONDS AS IT MATURES? PROPOSITION NO. TWO SHALL THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS, BE AUTHORIZED TO ISSUE AND SELL AT A_NY PRICE OR PRICES THE BONDS OF THE CITY IN THE AMOUNT OF $3,000,000, MATURING SERIALLY OR OTHERWISE WITHIN 40 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH RATE OR RATES, NOT TO EXCEED THE MAXIMUM INTEREST tlATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL AT THE TIME OF ISSUANCE, FOR THE PURPOSE OF THE CONSTRUCTION, ACQUISITION AND EQUIPMENT OF PUBLIC SAFETY FACILITIES, INCLUDING THE FIRE STATION AT HIGHWAY 73 AND 9TH AVENUE AND THE POLICE DEPARTMENT FACILITIES, AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN THE CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON THE BONDS AS IT ACCRUES AND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF THE BONDS AS IT MATURES? PROPOSITION NO. THREE SHALL THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS, BE AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THE BONDS OF THE CITY IN THE AMOUNT OF $2,000,000, MATURING SERIALLY OR OTHERWISE WITHIN 40 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH HATE OR RATES, NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL AT THE TIME OF ISSUANCE, FOR THE PURPOSE OF THE CONSTRUCTION AND ACQUISITION OF DRAINAGE IMPROVEMENTS, AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN THE CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON THE BONDS AS IT ACCRUES AND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF THE BONDS AS IT MATURES? PROPOSITION NO. FOUR SHALL THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS, BE AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THE BONDS OF THE CITY IN THE AMOUNT OF z ,po5785 $3,000,000, MATURING SERIALLY OR OTHERWISE WITHIN 40 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH P~ATE OR RATES, NOT TO EXCEED THE MAXIMUM INTEREST ILATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL AT THE TIME OF ISSUANCE, FOR THE CONSTRUCTION AND IMPROVEMENT OF THE CITY STREETS, SIDEWALKS AND RELATED DRAINAGE IMPROVEMENTS, AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN THE CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON THE BONDS AS IT ACCRUES AND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF THE BONDS AS IT MATURES? PROPOSITION NO. FIVE SHALL THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS, BE AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THE BONDS OF THE CITY IN THE AMOUNT OF $3,000,000, MATURING SERIALLY OR OTHERWISE WITHIN 40 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH R_ATE OR RATES, NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL AT THE TIME OF ISSUANCE, FOR THE CONSTRUCTION AND IMPROVEMENT OF THE CITY STREETS, SIDEWALKS AND RELATED DRAINAGE IMPROVEMENTS, INCLUDING IMPROVEMENTS AT THE PORT ARTHUR BUSINESS PARK, AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN THE CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON THE BONDS AS IT ACCRUES AND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF THE BONDS AS IT MATURES? PROPOSITION NO. SIX SHALL THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS, BE AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THE BONDS OF THE CITY IN THE AMOUNT OF $2,000,000, MATURING SERIALLY OR OTHERWISE WITHIN 40 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH RATE OR P~ATES, NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL AT THE TIME OF ISSUANCE, FOR THE ACQUISITION, RENOVATION, CONSTRUCTION AND EQUIPMENT OF ADDITIONS AND IMPROVEMENTS TO THE CITY PARKS AND RECREATIONAL FACILITIES, AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN THE CITY ANNUALLY SUFFICIENT TO PAY z .po5785 THE INTEREST ON THE BONDS AS IT ACCRUES A. ND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF THE BONDS AS IT MATURES? Section 3. Official Ballot. (a) Voting at the Election, and early voting therefore, shall be by the use of the lawfully approved voting systems and ballots. (b) The preparation of the necessary equipment and the official ballots for the Election shall conform to the requirements of the Code so as to permit the electors to vote ~FOR" or "AGAINST" the aforesaid Propositions which shall be set forth on the ballots substantially in the following form: [ ] FOR ) ) [ ] AGAINST ) [ ] FOR [ ]AGAINST [ ] FOR ) ) [ ] AGAINST ) PROPOSITION NO. ONE THE ISSUAi~CE OF $4,000,000 BONDS FOR THE CONSTRUCTION, ACQUISITION AND IMPROVEMENT OF WATER FACILITIES PROPOSITION NO. TWO THE ISSUANCE OF $3,000,000 BONDS FOR THE CONSTRUCTION, ACQUISITION AND EQUIPMENT OF PUBLIC SAFETY FACILITIES, INCLUDING THE FIRE STATION POLICE DEPARTMENT FACILITIES PROPOSITION NO. THREE THE ISSUANCE OF $2,000,000 BONDS FOR THE CONSTRUCTION AND ACQUSITION OF DRAINAGE IMPROVEMENTS z.po5785 FOR [ ] AGAINST [ ] FOR [ ] AGAINST PROPOSITION NO. FOUR THE ISSUANCE OF $3,000,000 BONDS FOR THE CONSTRUCTION A~ND IMPROVEMENT OF STREETS, SIDEWALKS AND RELATED DP~AINAGE IMPROVEMENTS PROPOSITION NO. FIVE THE ISSUANCE OF $3,000,000 BONDS FOR THE CONSTRUCTION AND IMPROVEMENT OF STREETS, SIDEWALKS AND RELATED DRAINAGE IMPROVEMENTS AT THE PORT ARTHUR BUSINESS PARK [ ] FOR [ ] AGAINST PROPOSITION NO. SIX THE ISSUANCE OF $2,000,000 BONDS FOR THE ACQUISITION, RENOVATION, CONSTRUCTION AND IMPROVEMENT OF CITY PARKS AND RECREATIONAL FACILITIES Section 4. Persons Qualified to Vote. Ail resident, qualified electors of the City shall be eligible to vote at the Election. Section 5. Election Precincts, Voting Locations and Voting Hours on Election Day. The election precincts for the Election shall consist of the territory within the boundaries of the City. The voting location for voting on Election Day for each election precinct shall be as set forth in the Joint Election Agreement. On Election Day, the polls shall be open from 7:00 a.m. to 7:00 p.m. z .po5785 Section 6. Early Voting Locations, Dates and Times. (a) Early voting by personal appearance for all election precincts shall be held at the locations, at the times and on the days as provided in the Joint Election Agreement. (b) The County Clerk is hereby designated as the Early Voting Clerk. Applications for ballots to be voted by mail by City residents should be mailed to: Attention: Jefferson County Clerk P.O. Box 1151 Beaumont, Texas 77704-1151 Section 7. Joint Election. The City has agreed to participate in a joint election with other participating governmental entities in the County who are also holding elections on Election Day and will contract with Jefferson County for election services. Section 8. Appointment of Election Officers. The election judges, alternate judges, clerks, members of the early voting ballot board and other personnel necessary for conducting the Election shall be appointed, the election judges and alternate judges may be changed, polling places may be combined for some precincts, and the central counting station shall be established and staffed as all provided in the Joint Election z .po5785 Agreement. Further, the Mayor is hereby authorized to appoint any such other officials not designated herein or appointed pursuant to the Joint Election Agreement as are necessary and appropriate to conduct the Election in accordance with the Code and other applicable law. Section 9. Notice of Election. Notice of such election shall be given by posting a substantial copy of this election ordinance, in both English and Spanish, at the City Hall and at three other places in the City, not less than 14 days nor more than 30 days prior to the date set for the Election; and a substantial copy of this election ordinance, in both English and Spanish, also shall be published on the same day in each of two successive weeks in a newspaper of general circulation published in the City, the date of the first publication to be not more than 30 days and not less than 14 days prior to the date set for the Election. Notice of the Election shall also be provided to the County Clerk of the County no later than the 60th day before election day. Section 10. Conduct of Election. The Election shall be held in accordance with the Code, except as modified by the Texas Government Code, and the Federal Voting Rights Act of 1965, as amended, including particularly Chapter 272 of the Code pertaining to bilingual requirements. z .po5785 Section 11. consultation with authorized and directed to take comply with the provisions of Rights Necessary Actions. The Mayor, in the City Attorney and bond counsel, is hereby any and all actions necessary to the Code and the Federal Voting Act in carrying out and conducting the Election, whether or not expressly authorized herein. Section 12. Severability. If subsection, sentence, clause or phrase application of same to any person or set of circumstances is any provision, section, of this Ordinance, or the for hereof, any reason held to be unenforceable, neither the nor their application to other persons shall be affected thereby, it being Council in adopting this Ordinance that no portion provision or regulation contained inoperative or fail by reason of voidness, invalidity or unenforceability of and all provisions of this Ordinance severable for that purpose. unconstitutional, void, invalid, or remaining portions of this Ordinance or sets of circumstances the intent of the City hereof or herein shall become any unconstitutionality, any other portion are declared to be READ, ADOPTED, ~ APPROVED on the 4th day of September, A. D., 2007, at a Special Meeting of the City Council of the city of Port Arthur, Texas, by the following vote: AYES: MAYOR Z .po5785 COUNCILMEMBERS NOES: ATTEST: Mayor City Secretary APPROVED AS TO FORM: City Attorney APPROVED FOR ADMINISTP~ATION: City Manager z .po5785