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ORD 2014-04TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2014-04 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, CALLING A BOND ELECTION TO BE HELD WITHIN THE TOWN, MAKING PROVISIONS FOR THE CONDUCT OF THE ELECTION AND OTHER PROVISIONS RELATING THERETO. WHEREAS, the Town Council of the Town of Trophy Club, Texas (the "Town"), hereby finds and determines that it is necessary and advisable to call and hold an election in the Town for the purpose of submitting certain propositions pertaining to the issuance of bonds for the purposes hereinafter set forth; and WHEREAS, the Town Council hereby finds and determines 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 Town Council hereby finds and declares that the meeting at which this Ordinance is considered is open to the public as required by law, and that public notice of the time, place, and purpose of said meeting was given as required by Chapter 551, Texas Government Code, as amended; therefore, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, 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 part of the operative provisions hereof. Section 2. Election Ordered; Date; Proposition. An election (the "Election") shall be held for and within the Town on Saturday, May 10, 2014 ("Election Day"), a uniform election date established by Section 41.001(a) of the Texas Election Code, as amended (the "Code"). At the Election the following proposition (the "Proposition") shall be submitted to the qualified voters of the Town in accordance with law: PROPOSITION NO. 2 "Shall the Town Council of the Town of Trophy Club, Texas be authorized to issue general obligation bonds of said Town in the aggregate principal amount of $11,700,000 for the purpose of providing funds for permanent public improvements, to -wit: designing, developing, constructing and equipping a joint police facility and town hall and the acquisition of land therefore, and for renovating existing town hall facilities; such bonds to mature serially within not to exceed forty (40) years from their date, to be issued in one or more series and sold at such prices and bear interest at such rates as shall be determined within the discretion of the Town Council under the laws of the State in effect at the time of such issuance; and to provide for the payment of the principal of and interest on said bonds by levying ad valorem taxes to be assessed and collected annually in an amount sufficient to pay the annual interest on and to create a sinking fund to redeem said bonds as they become due?" Section 3. Official Ballot. The Proposition shall be set forth substantially in the following form, so as to permit the voters to vote "FOR" or "AGAINST" the Proposition, which shall be set forth on the ballots in substantially the following form: PROPOSITION NO. 2 ❑ FOR THE ISSUANCE OF $11,700,000 GENERAL OBLIGATION ❑ AGAINST BONDS FOR A JOINT TOWN HALL AND POLICE FACILITY AND RENOVATIONS TO EXISTING TOWN FACILITIES AND THE LEVY OF A TAX IN PAYMENT THEREOF Section 4. Persons Qualified to Vote. All resident, qualified electors of the Town shall be eligible to vote at the Election. Section 5. Election Precincts, Voting Locations and Voting Hours on Election Date. The voting precincts for the Election are hereby designated to be those municipal voting precincts identified by their Denton County and Tarrant County precinct numbers as determined by the Denton County Elections Department and the Tarrant County Elections Department (together, the "Elections Administrators"). Such locations are incorporated herein by reference for all purposes; provided, however, such times and locations may be changed if so directed by the Elections Administrators without further action of the Town Council. The Elections Administrators are hereby authorized and directed to make such changes in polling locations as may be necessary for the proper conduct of the Election. Each polling place shall be open from 7:00 a.m. to 7:00 p.m. on the date of the Election. Section 6. Early Voting Locations, Dates and Times. (a) The Elections Administrators are hereby appointed as Early Voting Clerks for the Election. Deputy early voting judges/clerks will be appointed as needed to process early voting mail and to conduct early voting. Early voting by mail shall be conducted in conformance with the requirements of the Code. The main early voting polling place for Denton County is hereby designated to be Joseph A. Carroll County Administration Building, 401 West Hickory, Denton, Texas 76201. The main early voting place for Tarrant County is hereby designated to be the Tarrant County Elections Center, 2700 Premier Street, Fort Worth, Texas 76111. Ballot applications and ballots voted by mail for Denton County residents and Tarrant County residents shall be sent to: Denton County Elections Department, 8th Floor, Health and Human Services Building, Early Voting Clerk, 8t" floor, Elections ORD 2014-04 2 Department, 2777 North Sternmons Freeway, Denton, Texas 75207 and to the Early Voting Clerk, Tarrant County Elections Center, 2700 Premier Street, Fort Worth, Texas 76111, respectively. The Elections Administrators and/or the Early Voting Clerks are hereby authorized to appoint the members of the Early Voting Ballot Boards and the presiding judges and alternate judges in accordance with the requirements of the Code. Early voting shall be conducted by the Early Voting Clerks, at the main early voting polling locations listed above, such locations may be changed or additional early voting locations may be added by the Elections Administrators, without further action of the Town Council, as is necessary for the proper conduct of the Election. (b) In addition to the main early voting polling location, Town of Trophy Club voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County and Tarrant County throughout the County, such locations as listed in Exhibit A attached hereto. (c) Early voting by personal appearance shall begin on Monday, April 28, 2014, and shall end at 7:00 p.m. on Tuesday, May 6, 2014, with the voting times to be as follows: • 28, (Monday through •. May 2 8:00 AM — 5:00 PM May 3, (Saturday) 8:00 AM May 5, (Monday and Tuesday) • 6 7:00 AM — 7:00 PM Section 7. Notice of Election. Notice of the Election shall be given by: (i) publishing a substantial copy of this Ordinance, in English and Spanish, on the same day of each of two (2) successive weeks not earlier than the thirtieth (30th) day nor later than the fourteenth (14th) day prior to the date set for the Election, in a newspaper published in the Town, (ii) posting a copy of this Ordinance, in English and Spanish at the Town Hall on the bulletin board used for posting notices of the meetings of the Town Council and at three (3) other public places within the boundaries of the Town, not later than the twenty-first (21st) day prior to the date set for the Election and (iii) posting a copy of this Ordinance, in English and Spanish, on the Town's website, prominently and together with the notice of the Election and the contents of the Proposition, not later than the twenty-first (21st) day prior to the date set for the Election through Election Day. Additionally, on Election Day and during early voting by personal appearance, this Ordinance shall be posted in a prominent location at each polling place. Notice of the Election shall also be provided to the county clerk of Denton County, Texas and Tarrant County, Texas and the Denton County voter registrar and Tarrant County voter registrar not later than the 60th day before the Election Day. Section 8. Conduct of Election. (a) The Election shall be conducted in accordance with the Code under the jurisdiction of the Denton County Elections Department and the Tarrant County Elections Department pursuant to separate Election Services Contracts (the "Contracts") by and among Denton County Elections ORD 2014-04 3 Department ("DCED"), the Town and other participating entities, if any, and by and among the Tarrant County Elections Department ("TCED"), the Town and other participating entities, if any, as described in the Contracts. The Town Manager or the Town Manager's designee is authorized to amend or supplement the Contract to the extent required for the Election to be conducted in an efficient and legal manner as determined by the Elections Administrators. (b) Election judges, alternate judges and clerks shall be paid, as determined by the Elections Administrators, for their service in the Election, (e) E -slate, a Direct Record Electronic (DRE) System shall be used for early voting by personal appearance, and paper ballots, which are optically scanned, shall be used for early voting by mail. In the May 10, 2014 election, the Elections Administrators shall cause paper ballots, which are optically scanned, to be prepared in the form of the ballot prescribed below, being in both English and Spanish, and shall furnish election officials said ballots, in such form, together with any other forms or blanks, in accordance with the Charter of the Town of Trophy Club, Texas, the Constitution and laws of -the State of Texas and the Voting Rights Act of 1965, and any amendments thereto, insofar as same are applicable. E -Slate, a Direct Record Electronic (DRE) System shall be provided and used at each polling location on Election Day. (d) The holding of the Election shall be in compliance with the Code except as modified by other applicable provisions of law. (e) The election officers shall make returns for the Election in the manner required by law, and the ballots that are properly marked in conformance with the provisions of the Code for votes cast both during the period of early voting and on the day of the Election shall be counted in the manner required by law. Section 9. Additional Information Required by Section 3.009 of the Election (a) As of the October 1, 2013, the first day of the Town's current fiscal year, the aggregate principal amount outstanding of tax -supported debt of the Town was $12,765,000 and the aggregate amount of outstanding interest on such tax -supported debt was $3,714,699 The Town's ad valorem debt service tax rate for the current fiscal year is $0.1150 per $100 of assessed valuation of taxable property in the Town, (b) The Town intends to issue the bonds authorized by the Proposition over a period of years in a manner and in accordance with a schedule to be determined by the Town Council based upon a number of factors, including, but not limited to, the then current needs of the Town, demographic changes, prevailing market conditions, assessed valuations in the Town and management of the Town's short-term and long- term interest rate exposure. Market conditions, demographics and assessed valuations vary based upon a number of factors beyond the Town's control, and ORD 2014-04 4 therefore, the Town cannot and does not guarantee a particular interest rate or tax rate associated with the bonds authorized by the Proposition. As such, the information contained in this paragraph is provided solely for illustrative purposes and does not establish any limitations or restrictions or create a contract with the voters. The Town currently estimates that, if the Proposition were approved and the bonds proposed herein were authorized and issued in accordance with the Town's current estimated project plan of finance, the Town's ad valorem debt service tax rate would increase by approximately $0.00 per $100 of assessed valuation. (c) Any additional information required by Section 3.009 of the Code is contained in Sections 2 and 3 of this Ordinance. Section 10. Necessary Actions. The Mayor and the Town Secretary of the Town, in consultation with the Town's Attorney and bond counsel, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code and the Federal Voting Rights Act in carrying out and conducting the Election, whether or not expressly authorized herein, including making changes or additions to polling places or procedures to the extent required or desirable or as may become necessary due to circumstances arising after the date of this Ordinance. Section 11. Severability. If any provision, section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, invalid, or unenforceable, neither the remaining portions of this Ordinance nor their application to other persons or sets of circumstances shall be affected thereby, it being the intent of the Town Council in adopting this Ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness, invalidity or unenforceability of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. Section 12. Effective Date. This Ordinance shall take effect immediately upon adoption. ORD 2014-04 5 PRESENTED, FINALLY PASSED AND APPROVED, AND EFFECTIVE on the 26th day of February, 2014, by a vote of - ayes and 9- nays at a regular meeting of the Town Council of the Town of Trophy Club, Texas &NNIE WHITE, Mayor 0 TRopo o APPROVED AS TO FORM: - PATRICIA ADAMS, Town Attorney 4 � m9 By: ORD 2014-04 6 EXHIBIT A Main Voting Location: Trophy Club Svore Municipal Building 100 Municipal Drive, Trophy Club, TX 7621 ELECTION DAY POLLING LOCATIONS FOR SATURDAY, MAY 10, 2014 BOND ELECTION - TARRANT COUNTY Main Voting Location: Trophy Club Svore Municipal Building 100 Municipal Drive, Trophy Club, TX 76262 ORD 2014-04 7 EARLY VOTING: DENTON COUNTY DATES AND TIMES FOR EARLY VOTING: DENTON COUNTY APRIL 28, (MONDAY THROUGH FRIDAY) MAY 02 8:00 AM - 6:00 PM MAY 03, (SATURDAY) 8:00 AM - 5:00 PM MAY 06, (MONDAY AND TUESDAY) MAY 06 7:00 AM - 7:00 PM Main Early Voting Location: Trophy Club Svore Municipal Building 100 Municipal Drive, Trophy Club, TX 76262 Trophy Club Denton County voters may only vote at the early voting polling locations as designated and maintained by Denton County throughout the County. ORD 2014-04 EARLY VOTING: TARRANT COUNTY DATES AND TIMES FOR EARLY VOTING: TARRANT COUNTY APRIL 28, (MONDAY THROUGH FRIDAY) MAY 02 8:00 AM - 5:00 PM MAY 03, (SATURDAY) 8:00 AM - 5:00 PM MAY 04, (SUNDAY) 11:00 AM - 4:00 PM MAY 06, (MONDAY AND TUESDAY) MAY 06 7:00 AM - 7:00 PM Main Early Voting Location: Trophy Club Tarrant County voters may only vote at the early voting polling locations as designated and maintained by Tarrant County throughout the County. ORD 2014-04