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RESO 2007-08A - Calling 11/6/09 bond electionRESOLUTION NO. 7- 0 RESOLUTION CALLING A BOND ELECTION FOR NOVEMBER 6, 2007; 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 deems it advisable to call a bond election for the proposition hereinafter stated; 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 6, 2007. 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. The election Judges are set forth in Exhibit "B" to this Resolution. 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, if the Presiding Judge appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks. The appointment of such clerks must HUNISVR1FNov2007Ele ioo: Re 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 "C" 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. Section 4. EARLY VOTING BALLOT BOARDS. An early voting ballot board is hereby created to process early voting results, and the Presiding Judge of the 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 of the 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 of this Resolution shall serve as a proper notice of the election. This notice, including a Spanish translation thereof, shall be posted at three (3) public places within the City and the City Hall not less than twenty -one (21) days prior to the date the election is to be held, and be published on the same day in each of two (2) successive weeks in the 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 Code. 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: HUNTSVR.LENov2007Elation: Res 2 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 $2,150,000 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 of the City Council, in accordance with law at the time of issuance, for the purpose of constructing, acquiring, improving and equipping a new fire station to serve the portion of the City east of Sam Houston Avenue including acquisition of any necessary sites, constructing necessary infrastructure and parking facilities and the purchase of fire trucks and communication technology; 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? 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. FOR AGAINST PROPOSITION ) THE ISSUANCE OF $2,150,000 IN TAX SUPPORTED GENERAL OBLIGATION BONDS FOR CONSTRUCTING, ACQUIRING, ) IMPROVING AND EQUIPPING A NEW FIRE STATION TO SERVE THE PORTION OF THE CITY EAST OF SAM HOUSTON AVENUE. 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 6, 2007. 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 of this Resolution are severable; and in case any one or more of the provisions of this Resolution or the application thereof to any person or circumstance should be held to be invalid, unconstitutional, or ineffective as to any person or circumstance, the remainder of this Resolution nevertheless shall be valid, and the application of any such invalid provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. HUNTSVlLLE\Nov2007Election: Res 3 PASSED AND APPROVED on this 4th day of September, 2007. ATTEST: Danna Welter City Secretary APPROVED AS TO F Thomas Leeper City Attorney HUNfSVIILE\Nov2007Election: Res 4 J. Turner Mayor 101 (Ward 3)/ 102 (Ward') EXHIBIT "A" POLLING PLACES FOR THE NOVEMBER 6, 2007 ELECTION Moved 101 to the Walker County Annex 1301 San Houston Avenue, Suite 101 Huntsville, Texas 103 Crabbs Prairie Fire Station 28 FM 1696 West Huntsville, Texas 104 Northside Baptist Church 1207 FM 980 Huntsville, Texas 201 (Ward 2)/ 206 (Ward 2) Moved 206 to First Presbyterian Church 1801 19th Street Huntsville, Texas 203/204 Walker County Fairgrounds 3707 SH 30 West Huntsville, Texas 205 (Ward 4) Elkins Lake Recreation Corp. 634 Cherry Hills Huntsville, Texas 301 (Ward 3) Martin Luther King Center 300 Avenue F Huntsville, Texas 302/303 Calvary Baptist Church 1135 US 190 Huntsville, Texas 304 /305 Riverside Fire Station 2341 FM 980 Riverside, Texas 401 (Ward 4) University Heights Baptist Church 2400 Sycamore Avenue Huntsville, Texas 402/403 Phelps Methodist Church Dorrell Road @ Watson Lake Road Huntsville, Texas 404 First Baptist Church New Waverly 460 Fisher Street New Waverly, Texas HUNfSVILLE\Nov2007Elation: Res A -1 EXHIBIT "B" Judges /Alternates for the November 6, 2007 Election HIM SVD].E\Nov2007EIection: Ras B -1 JUDGES ALTERNATES 101 (Ward 3)/102 (Ward 1) Leeann Muns Iesia Minor 103 Linda Trantham Mattie Walker 104 Tom Oleinik Tamara Chasteen 201 (Ward 2)/206 (Ward 2) Betty Dunlap Janet Fair 203/204 Kara Veinotte Earl Carter 205 (Ward 4) Leroy Hall Connie Hardy 301 (Ward 3) Betty Haynes Ila Martinez 302/303 Paula White Willa Pilcher 304/305 Evelyn Neagle Helen Knight 401 (Ward 4) Rosemary Heinsohn Helen Belcher 402/403 Cindy Rohe Donna Howell 404 Margaret Paulsel Bill Cooney HIM SVD].E\Nov2007EIection: Ras B -1 EXHIBIT "C" EARLY VOTING POLLING LOCATION Walker County Annex 1301 Sam Houston Avenue, Suite 101 Huntsville, Texas DATES AND HOURS October 22 — October 26 8:00 am — 5:00 pm October 29 — November 2 8:00 am — 5:00 pm CERTIFICATE FOR RESOLUTION NO. 20 7- d THE STATE OF TEXAS COUNTY OF WALKER CITY OF HUNTSVILLE We, the undersigned officials of the City of Huntsville, Texas (the "City "), hereby certify as follows: 1. The City Council of the City convened in a re D I 4-r SCHEDULED MEETING ON THE 4TH DAY OF SEPTEMBER, 2007 at the City Hall (the "Meeting "), and the roll was called of the duly constituted City Council Members of the City, to -wit: J. Turner, Mayor Dalene Zender, Position 1 Melissa Mahaffey, Position 2 Mickey S. Evans, Position 3 Jack Choate, Position 4 Jim Willett, Ward 1 Mac Woodward, Ward 2 Mayor Pro Tem Clarence Griffin, Ward 3 Wayne Barrett, Ward 4 and all of the persons were present, except the following absentees: no , thus constituting a quorum. Whereupon, among other business, the following was transacted at the Meeting: a written RESOLUTION CALLING A BOND ELECTION FOR NOVEMBER 6, 2007; MAKING PROVISIONS FOR CONDUCTING THE ELECTION; AND RESOLVING OTHER MATTERS RELATED TO SUCH ELECTION was duly introduced for the consideration of the City Council. It was then duly moved an that the Resolution be passed; and, after due discussion, said motion carrying with it the the Resolution, prevailed and carried by the following vote: AYES: NOES: D seconded assage of 2. A true, full and correct copy of the Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that the Resolution has been duly recorded in the City Council's minutes of the Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from the City Council's minutes of the Meeting pertaining to the passage of the Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting county officials as indicated therein; that each of the elected officials and members of the City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the Meeting, and that the Resolution would be HUNTSVILLE\Nov2007Elecfion: ResoCallingElect.CRT introduced and considered for passage at the Meeting, and each of the elected officials and members consented, in advance, to the holding of the Meeting for such purpose, and that the Meeting was open to the public and public notice of the time, place and purpose of the meeting was given, all as required by Chapter 551, Government Code, as amended. 3. The Mayor of the City has approved and hereby approves the Resolution; that the Mayor and City Secretary of the City have duly signed the Resolution; and that the Mayor and City Secretary of the City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of the Resolution for all purposes. HUNTSVILLE\Nov2007Election: ResoCallingElect.CRT SIGNED AND SEALED this September 4, 2007. OILLILtt•- City Secretary [CITY SEAL] HUNTSVILLE \Nov2007Election: ResoCallingElect.CRT