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RESO 2009-24 - Call 11/3/09 election for library renovation & expansionRESOLUTION NO. 2009-14 RESOLUTION CALLING A BOND ELECTION FOR THE HUNTSVILLE PUBLIC LIBRARY RENOVATION AND EXPANSION PROJECT FOR NOVEMBER 3,2009; MAKING PROVISIONS FOR CONDUCTING THE ELECTION; AND RESOLVING OTHER MATTERS RELATED TO SUCH ELECTION THE STATE OF TEXAS § COUNTY OF WALKER § CITY OF HUNTSVILLE § 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 Huntsville, Texas (the "City") is authorized to call an election in order to submit to the voters of the City a proposition regarding the issuance of general obligation bonds; and WHEREAS, the City Council of the City has previously accepted the Library Feasibility Study Ad Hoc Committee's ("Committee") report and recommendations presented on March, 3 2009; and WHEREAS the City Council by motion and vote authorized the Committee to go forward with its recommendation and use the originally budgeted funds for a feasibility study be used for the hiring of an architectural firm to do a preliminary design only; and WHEREAS, the City Council finds the current City Public Library has become insufficient in size for the population of the City and the various educational activities being held at the Library; and WHEREAS, the City Council finds that the construction, renovation and expansion of the City Public Library serves a public purpose, enhances the community and provides educational resources to be used by the citizens; and WHEREAS, the City Council is authorized by Article VI, Section 6.09 of the City Charter to call a special election by ordinance or resolution; and WHEREAS, the City Council is authorized by Article XI, of the City Charter to issue bonds for permanent public improvements, public purposes or any other self - liquidating municipal function not prohibited by the Constitution and the Law of the State of Texas; and WHEREAS, the City Council deems it advisable to call a bond election for the proposition hereinafter stated; and WHEREAS, by separate ordinance the City Council is also calling an election for certain NUN7SV1JZV4.,2N9M . d= RM charter revisions and parkland matters and the City shall determine the order of the propositions on the ballot in accordance with the Texas Election Code; 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. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS THAT: Section 1. ELECTION DATE POLLING PLACES AND ELECTION JUDGES. An election shall be held in the City as prescribed by applicable law between the hours of 7:00 A.M. and 7:00 P.M. on November 3, 2009. The election shall be held as a joint election pursuant to Chapter 271 of the Texas Election Code and a joint election agreement and contract for election services (the "Election Agreement ") to be entered into between the City and Walker County, Texas. The City election precincts and polling places within the City designated for holding the election shall be determined by Walker County, and conducted at the polling places used for the Walker County General Election, attached hereto as Exhibit "A' to this Resolution and the exhibit is incorporated by reference for all purposes. The exhibit may be revised as necessary to conform with final county polling locations. Walker County's election equipment shall be used as provided in the Election Agreement. The election judges and clerks shall be appointed in accordance with the Election Agreement and the Texas Election Code, as amended. Section 2. ELECTION CLERKS. Unless otherwise directed by Walker County, the Presiding Judge shall appoint not less than two nor more than five resident qualified electors to act as clerks to properly conduct the election. However, ifthe Presiding Judge appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks. The appointment of such clerks must include a person fluent in the Spanish language to serve as a clerk to render oral aid in the Spanish language to any voter desiring such aid at the polls on the day of the election. In the absence of the Presiding Judge named above, the Alternate Presiding Judge shall perform the duties of the Presiding Judge. Section 3. EARLY VOTING. Early voting in the election by personal appearance shall be conducted at the times, dates and polling places as provided for in the Walker County General Election attached hereto as Exhibit "B" to this Resolution and the exhibit is incorporated by reference for all purposes. The exhibit may be revised as necessary to conform with final county polling locations. Dee Brimer, Walker County Deputy Elections Administrator, is designated as the Early Voting Clerk. Application for ballots by mail should be sent to Dee Brimer, Deputy Elections Administrator, 1301 Sam Houston Avenue, Suite 104, Huntsville, Texas 77340. 8UN7SVII1Z0b.M09M.tbn: Rea Section 4. EARLY VOTING BALLOT BOARDS. An early voting ballot board is hereby created to process early voting results, and the Presiding Judge ofthe board will be appointed by the Walker County Deputy Elections Administrator. The Presiding Judge shall appoint not less than two resident nor more than eighteen (18) qualified electors to serve as members ofthe Early Voting Ballot Boards. Section 5. VOTERS. All resident, qualified electors of the City shall be entitled to vote at the election. Section 6. NOTICE. A substantial copy ofthis 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 Huntsville Item, 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 fourteen (14) full days prior to the day of the election. Section 7. VOTING DEVICES. Electronic optical scan voting devices may be used in conducting the election. The Walker County Deputy Elections Administrator may also utilize a central counting station as provided by Section 127.000 et seq., as amended, Texas Election Cade. In all respects, the election shall be conducted in accordance with the Texas Election Code and the Federal Help America Vote Act. Any central counting station presiding judge and the alternate presiding judge shall be appointed in accordance with the Election Agreement and the Texas Election Code. Section 8. PROPOSITION. At the election, the following BOND PROPOSITION shall be submitted in accordance with law: PROPOSITION Shall the City Council of the City of Huntsville, Texas, be authorized to issue the bonds of the City, in one or more series or issues, in the aggregate principal amount of $3,500,000 with the bonds of each such series or issues, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, as shall be determined within the discretion ofthe City Council, in accordance with law at the time of issuance, for the purpose of constructing, acquiring, renovating, expanding, improving and equipping existing Huntsville Public Library including any necessary demolition, constructing necessary infrastructure and 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? V11L1Wo91..0=:RM Section 9. 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" on the PROPOSITION with the ballots to contain such provisions, markings and language as required by law, and with such PROPOSITION to be expressed substantially as follows. PROPOSITION FOR ( ) THE ISSUANCE OF $ 3,500,000 IN TAX SUPPORTED GENERAL OBLIGATIONBONDS FORTHE HUNTSVILLE PUBLIC LIBRARY AGAINST ( ) RENOVATION AND EXPANSION PROJECT. Section 10. TEXAS ELECTION CODE. In all respects the election shall be conducted in accordance with the Texas Election Code. Section 11. RESULTS. The Walker County Deputy Elections Administrator shall conduct an unofficial tabulation of results after the closing of the polls on November 3, 2009. The official canvass and tabulation of the results of the Special Election shall be conducted by the City Council at a Council Meeting in accordance with the Election Code. Section 12. PROVISIONS. The provisions ofthis Resolution are severable; and incase 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. This Resolution supercedes and repeals any previous resolutions or ordinances of the City Council calling a bond election for the Huntsville Public Library renovation and expansion project including Resolution No. 2009 -21 approved by the City Council on June 16, 2009. HUMVR.LEWov2999Mccd=: Res PASSED AND APPROVED on thiaaq ""d ATTEST: ity Secretary APPROVED AS TO FORM: Leonard Schneider City Attorney HUNWR I.EN- 2009RkWom R. n PASSED AND APPROVED on thM day of u5 2oo9. J. Turner Mayor ATTEST: City Secretary d t r EXHIBIT "A" Precinct Polling Q lace 101 Walker County Courthouse Annex 1301 Sam Houston Avenue, St. 101 102 Walker County Courthouse Annex 1301 Sam Houston Avenue, St 101 201 First Presbyterian Church 1801 19' Street 205 Elkins Lake Recreation Corp. 634 Cherry Hills 206 Region VI Education Building 3332 Montgomery Rd. (FM 1374) 301 Martin Luther King Center 300 Avenue F 401 University Heights Baptist Church 2400 Sycamore Avenue EXHIBIT "B" EARLY VOTING POLLING LOCATION Walker County Annex 1301 Sam Houston Avenue, Suite 101 Huntsville, Texas DATES AND HOURS October 19, 2009 through October 30, 2009 (Monday through Friday) 8 a.m. - 5 p.m.