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Agenda Packet TC 02/26/2014Town Council Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Fire Station Training Room5:00 PMWednesday, February 26, 2014 SPECIAL SESSION CALL TO ORDER AND ANNOUNCE A QUORUM CONVENE INTO REGULAR SESSION INVOCATION PLEDGES Pledge of allegiance to the American Flag. Pledge of allegiance to the Texas Flag. REGULAR SESSION 1.2014-961-T Consider and take appropriate action regarding an Ordinance amending Ordinance 2014-02 ordering and calling a Joint General and Special Election to be held on May 10, 2014 for the purpose of electing one (1) Mayor for a three (3) year term and two (2) Council Members for Place #1 and #2 to the Town Council for a three (3) year term each; for the purpose of electing one (1) Council Member for Place #3 to the Town Council to fill the remainder of an unexpired term of office of Place #3 created by a vacancy (Term Expiring May, 2015); and for the purpose of placing a proposition on the ballot relating to the reauthorization of the local sales and use tax at the rate of one-fourth of one percent (0.25) in order to continue providing revenue for maintenance and repair of municipal streets for a specified period; providing that such amendment is being made in order to include information relative to Tarrant County election administration and polling locations and to restate the conditions of the May, 2014 election as previously adopted by Ordinance No. 2014-02; providing for canvassing of returns; providing for a runoff election as necessary; adopting provisions relative to publication and other matters necessary to conduct the election; and providing an effective date. Staff Report - Calling May 2014 Election.pdf ORD 2014-03 Amending ORD 2014-02 Calling May 2014 Election.pdf Attachments: Town Council - Special Session Page 1 of 45 Meeting Date: Wednesday, February 26, 2014 February 26, 2014Town Council Meeting Agenda 2.2014-962-T Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of Trophy Club, Texas, calling a bond election to be held on May 10, 2014 within the Town for the issuance of General Obligations Bonds for a Joint Town Hall and Police Facility and renovations to existing Town facilities; making provisions for the conduct of the election and other provisions relating thereto; and providing an effective date. Staff Report - Calling Bond Election.pdf ORD 2014-04 Calling A Bond Election.pdf Proposed General Obligation bond Election Calendar.pdf Updated Debt Model.pdf Attachments: 3.2014-963-T Consider and take appropriate action regarding a Resolution of the Town Council Repealing Resolution No. 2014-05 and adopting a new Resolution relating to the Giving of Notice of Intention to issue Town of Trophy Club, Texas Combination Tax and Revenue Certificates of Obligation, Series 2014 for the purpose of paying contractual obligations for the purchase of land for a joint police and town hall facility, facility design costs, and various costs related thereto; and providing an effective date. Staff Report - Notice of Intention.pdf RES 2014-07 Amending RES 2014-05 Notice of Intent.pdf Proposed CO Bond sale calendar.pdf Updated Debt Model.pdf Attachments: 4.2014-966-T Consider and take appropriate action to ratify notice to CPS Civil, the bidder previously awarded for the Indian Creek rehabilitation project, that the Town is rejecting its bid for that project and will not enter into a Contract at this time, and directing staff to complete the redesign on the project and rebid upon completion of the redesign. ADJOURN * The Town Council may convene into executive session to discuss posted items as allowed by the Texas Open Meeting Act, LGC.551.071 Town Council - Special Session Page 2 of 45 Meeting Date: Wednesday, February 26, 2014 February 26, 2014Town Council Meeting Agenda CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on Sunday, February 23, 2014 by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. Tammy Ard Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in advance, and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of February, 2014. ________________________________, Title: ___________________________ Town Council - Special Session Page 3 of 45 Meeting Date: Wednesday, February 26, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-961-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/21/2014 Town Council On agenda:Final action:2/26/2014 Title:Consider and take appropriate action regarding an Ordinance amending Ordinance 2014-02 ordering and calling a Joint General and Special Election to be held on May 10, 2014 for the purpose of electing one (1) Mayor for a three (3) year term and two (2) Council Members for Place #1 and #2 to the Town Council for a three (3) year term each; for the purpose of electing one (1) Council Member for Place #3 to the Town Council to fill the remainder of an unexpired term of office of Place #3 created by a vacancy (Term Expiring May, 2015); and for the purpose of placing a proposition on the ballot relating to the reauthorization of the local sales and use tax at the rate of one-fourth of one percent (0.25) in order to continue providing revenue for maintenance and repair of municipal streets for a specified period; providing that such amendment is being made in order to include information relative to Tarrant County election administration and polling locations and to restate the conditions of the May, 2014 election as previously adopted by Ordinance No. 2014-02; providing for canvassing of returns; providing for a runoff election as necessary; adopting provisions relative to publication and other matters necessary to conduct the election; and providing an effective date. Attachments:Staff Report - Calling May 2014 Election.pdf ORD 2014-03 Amending ORD 2014-02 Calling May 2014 Election.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Ordinance amending Ordinance 2014-02ordering and calling a Joint General and Special Election to be held on May 10, 2014 for the purpose of electing one (1) Mayor for a three (3) year term and two (2) Council Members for Place #1 and #2 to the Town Council for a three (3) year term each; for the purpose of electing one (1) Council Member for Place #3 to the Town Council to fill the remainderof an unexpired term of office of Place #3 created by a vacancy (TermExpiring May, 2015); and for the purpose of placing a proposition on the ballot relating to the reauthorizationof the local sales and use tax at the rate of one-fourth of one percent (0.25) in order to continue providing revenue for maintenanceand repair of municipal streets for a specified period; providing that such amendment is being made in order to include information relative to TarrantCounty election administration and polling locations and to restate the conditions of the May, 2014 election as previously adopted by Ordinance No. 2014-02; providing for canvassing of returns; providing for a runoff election as necessary; adopting provisions relative to publication and other matters necessary to conduct the election; and providing an effective date. Town Council - Special Session Page 4 of 45 Meeting Date: Wednesday, February 26, 2014 Town of Trophy Club To: Mayor and Town Council From: Tammy Ard, Town Secretary CC: Mike Slye, Town Manager Re: Calling May 2014 Election Town Council Special Session Meeting, February 26, 2014 ______________________________________________________________________________ Agenda Item: Consider and take appropriate action regarding an Ordinance amending Ordinance 2014-02 ordering and calling a Joint General and Special Election to be held on May 10, 2014 for the purpose of electing one (1) Mayor for a three (3) year term and two (2) Council Members for Place #1 and #2 to the Town Council for a three (3) year term each; for the purpose of electing one (1) Council Member for Place #3 to the Town Council to fill the remainder of an unexpired term of office of Place #3 created by a vacancy (Term Expiring May, 2015); and for the purpose of placing a proposition on the ballot relating to the reauthorization of the local sales and use tax at the rate of one-fourth of one percent (0.25) in order to continue providing revenue for maintenance and repair of municipal streets for a specified period; providing that such amendment is being made in order to include information relative to Tarrant County election administration and polling locations and to restate the conditions of the May, 2014 election as previously adopted by Ordinance No. 2014-02; providing for canvassing of returns; providing for a runoff election as necessary; adopting provisions relative to publication and other matters necessary to conduct the election; and providing an effective date. Explanation: This amendment is being made for the purpose of adding information relative to Tarrant County Administration of the election. Attachments: Ordinance 2014-03 Amending ORD 2014-02 Calling May 2014 Election Town Council Goals: Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Improve data security Town Council - Special Session Page 5 of 45 Meeting Date: Wednesday, February 26, 2014 Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages Goal #4: Healthy, Picturesque, and Environmentally Sound Promote recreational / active lifestyle opportunities for all ages Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service Recommendation: Staff recommends approval of Ordinance 2014-03 amending Ordinance 2014-02 Calling May 2014 Election Ordinance ordering and calling a Joint General and Special Election to be held on May 10, 2014. Town Council - Special Session Page 6 of 45 Meeting Date: Wednesday, February 26, 2014 TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2014-03 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING ORDINANCE NO. 2014-02 OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, ORDERING AND CALLING A JOINT GENERAL AND SPECIAL ELECTION FOR THE TOWN OF TROPHY CLUB (“TOWN”) TO BE HELD ON MAY 10, 2014 FOR THE PURPOSE OF ELECTING ONE (1) MAYOR FOR A THREE (3) YEAR TERM AND TWO (2) COUNCIL MEMBERS FOR PLACE #1 AND PLACE #2 TO THE TOWN COUNCIL FOR A THREE (3) YEAR TERM EACH IN ORDER TO INCLUDE INFORMATION RELATIVE TO TARRANT COUNTY ELECTION ADMINISTRATION AND POLLING LOCATIONS AND TO RESTATE THE CONDITIONS OF THE MAY, 2014 ELECTION AS PREVIOUSLY ADOPTED BY ORDINANCE NO. 2014-02; ORDERING AND CALLING A SPECIAL ELECTION FOR THE PURPOSE OF ELECTING ONE (1) COUNCIL MEMBER FOR PLACE #3 TO THE TOWN COUNCIL TO FILL THE REMAINDER OF AN UNEXPIRED TERM OF OFFICE OF PLACE #3 CREATED BY A VACANCY (TERM EXPIRING MAY, 2015); AND ORDERING AND CALLING A SPECIAL ELECTION TO SUBMIT TO THE RESIDENT QUALIFIED VOTERS OF THE TOWN OF TROPHY CLUB A PROPOSITION RELATING TO THE REAUTHORIZATION OF THE LOCAL SALES AND USE TAX AT THE RATE OF ONE-FOURTH OF ONE PERCENT (0.25) IN ORDER TO CONTINUE PROVIDING REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS FOR A SPECIFIED PERIOD; PROVIDING FOR THE INCORPORATION OF PREMISES; SPECIFYING THE DATE OF ELECTION; SPECIFYING THE PURPOSE OF THE ELECTION; SPECIFYING ELIGIBILITY FOR CANDIDACY; PROVIDING FOR AN APPLICATION FOR A PLACE ON THE BALLOT FOR BOTH THE JOINT GENERAL AND SPECIAL ELECTION; PROVIDING FOR A RUNOFF ELECTION; PROVIDING FOR THE APPOINTMENT OF A PRESIDING ELECTION JUDGE AND AN ALTERNATE PRESIDING ELECTION JUDGE; ESTABLISHING OTHER PROCEDURES FOR CONDUCTING THE ELECTION; ESTABLISHING A DATE FOR CANVASSING RETURNS; PROVIDING FOR NECESSARY ACTIONS; PROVIDING FOR ADMINISTRATION OF A JOINT ELECTION BY BOTH TARRANT COUNTY AND DENTON COUNTY; PROVIDING AN AGREEMENT WITH DENTON COUNTY AND AUTHORIZING AN AGREEMENT WITH TARRANT COUNTY FOR ADMINISTRATION OF THE ELECTION; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. Town Council - Special Session Page 7 of 45 Meeting Date: Wednesday, February 26, 2014 WHEREAS, Section 41.001 (a)(2) of the Texas Election Code (hereinafter the "Code") establishes the second Saturday in May as a Uniform Election Date for the purposes of conducting a General or Special Election; and WHEREAS, Section 3.004 of the Texas Election Code provides that the governing body of a municipality shall be the authority to order a General or Special Election; and WHEREAS, the Town Council 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 such meeting was given as required by Chapter 551, Texas Government Code, as amended; and WHEREAS, the Town Council desires to and hereby calls a Joint General Election for the purpose of electing one (1) Mayor for a three (3) year term and two (2) Council members for Place #1 and Place #2 for a three (3) year term each, for the purpose of electing one (1) Council Member for Place #3 to the Town Council to fill the remainder of an unexpired term of office of Place #3 created by a vacancy (term expiring May, 2015); and a Joint Special Election on a measure; and WHEREAS, in a May, 2006 Special Election, pursuant to an election on a measure, the residents of the Town voted to reduce the amount of sales tax allocated to EDC4B by one-fourth of one percent (.25) and to levy a sales and use tax of one-fourth of one percent (.25) to provide revenue for the maintenance and repair of municipal streets; and WHEREAS, in May, 2010, the Town Council held an election to allow voters to reauthorize the local sales and use tax at the rate of one-fourth of one percent (0.25%) in order to continue providing revenue for maintenance and repair of municipal streets, and the voters of the Town voted affirmatively to reauthorize the tax for road maintenance and repair; and WHEREAS, in order for the road maintenance and repair tax to continue in effect, the Town is required to hold an election to reauthorize the tax, and the election must be held in the same manner as the election that was used to levy the tax; and WHEREAS, the Town Council desires to and hereby orders and calls a Special Election with combined ballot pursuant to Section 321.409 of the Texas Tax Code to determine whether the citizens desire to reauthorize a sales and use tax to provide revenue for maintenance and repair for municipal streets as authorized by Chapter 327 of the Texas Tax Code; and WHEREAS, Section 3.005 of the Texas Election Code provides that an election ordered by an authority of a municipality shall be ordered not later than the 62nd day before Election Day; and Town Council - Special Session Page 8 of 45 Meeting Date: Wednesday, February 26, 2014 WHEREAS, because the Town of Trophy Club is located in both Denton County and Tarrant County, the Town will enter into an Election Services Contract with Denton County and an Election Services Contract with Tarrant County so that those entities will provide election services for Denton County and Tarrant County residents of Trophy Club; and WHEREAS, the Election shall be conducted in accordance with the Code under the jurisdiction of the Denton County Elections Administrator (the “Denton County Elections Administrator”) pursuant to an Election Services Contract (the “Contract”) by and among Denton County Elections Administration (“DCEA”), and other participating entities, if any, described in a Contract between the Town and Denton County, a copy of which Contract will be incorporated herein as Exhibit “A” upon its final approval and execution by the Town; and WHEREAS, he Election shall be conducted in accordance with the Code under the jurisdiction of the Tarrant County Elections Administrator (the “Tarrant County Elections Administrator”) pursuant to an Election Services Contract (the “Contract”) by and among Tarrant County Elections Administration (“TCEA”), and other participating entities, if any, described in the Contract between the Town and Tarrant County. Tarrant County has advised the Town that it will not submit a contract for Election Services until sometime during the month of April when the determination of participating entities and cost per entity is available. Upon Town Council approval of the Interlocal Agreement with Tarrant County, a copy of that agreement shall be incorporated herein by reference as Exhibit “B”; and WHEREAS, Section 85.004 of the Texas Election Code provides that an election order and the election notice must state the location of each early voting polling place; and, WHEREAS, the Town Council finds that upon the canvassing of the returns of the May 10, 2014 election, this Ordinance and election order, shall be enacted as set forth in this Ordinance; and WHEREAS , the subsequent to the Council’s approval of Ordinance No. 2014-02, the Town received additional information regarding the administration of the Tarrant County Election, and finds it necessary and appropriate to amend Ordinance No. 2014- 02 to include the additional Tarrant County information and to restate the conditions of of the May, 2014 election as previously adopted by Ordinance No. 2014-02. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS: Town Council - Special Session Page 9 of 45 Meeting Date: Wednesday, February 26, 2014 SECTION 1 INCORPORATION OF PREMISES All of the above premises are true and correct and are hereby incorporated in the body of this Ordinance as if fully set forth herein. All resident, qualified voters of the Town shall be eligible to vote at the Election. SECTION 2 DATE OF ELECTION It is hereby ordered that a General and Special Election (collectively the "Election") shall be held in and throughout the Town of Trophy Club on Saturday, May 10, 2014 using a combined ballot. SECTION 3 PURPOSE OF ELECTION 3.1 General Election. The purpose of the joint General Election is to elect one (1) Mayor for a three (3) year term and two (2) Council members for Place #1 and #2 for a three (3) year term to the Town of Trophy Club Town Council; 3.2 Special Election. The purpose of the joint Special Election is to elect one (1) Council member for Place #3 for a one (1) year term in order to complete the remainder of the term of office for Place #3 created by a vacancy on the Trophy Club Town Council; 3.2 Special Election on a Measure. The purpose of the joint Special Election is to hold an election on a measure, to wit: reauthorization of the local sales and use tax in the Town of Trophy Club at the rate of one-fourth of one-percent to continue providing revenue for maintenance and repair of municipal streets. If adopted, the tax would be set to expire on the 10th anniversary of the date of this election unless it is subsequently reauthorized. If the reauthorization is not approved by the voters, the tax is set to expire on July 1, 2014. SECTION 4 BALLOT LANGUAGE ON MEASURES The official ballots for the Special Election on a Measure shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote “FOR” or “AGAINST” each proposition, as required for an election on a measure, with the ballots to contain such provisions, markings and language as required by law, and with such propositions to be expressed substantially as follows: Town Council - Special Session Page 10 of 45 Meeting Date: Wednesday, February 26, 2014 PROPOSITION NO. ONE: The reauthorization of the local sales and use tax in the Town of Trophy Club at the rate of one-fourth of one percent (0.25%) to continue providing revenue for maintenance and repair of municipal streets. The tax expires on the 10th anniversary of the date of this election unless the imposition of the tax is reauthorized [ ] FOR [ ] AGAINST SECTION 6 ELIGIBILITY FOR CANDIDACY As set forth in Section 141.001 of the Texas Election Code, no person shall be eligible for a public elective office of this state, unless that person is a United States citizen, has not been determined mentally incompetent by a final judgment of a court, has not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities, and has resided continuously in the State of Texas for twelve (12) months immediately preceding the date of the regular filing deadline for the candidate’s application for a candidate whose name is to appear on the general election ballot, or the date of the election at which the candidate’s name is written in for a write in candidate. Additional requirements are set forth in the Town Charter and are as follows: A. Mayor or Council Member: As set forth in Section 141.001 of the Texas Election Code and Article III of the Trophy Club Town Charter: a. Each person who becomes a candidate for Mayor or Councilmember shall meet the following qualifications: (1) be at least eighteen (18) years of age on the first day of the form to be filed; (2) be a citizen of the United States; (3) be a qualified voter of the Town; (4) reside and have resided for at least twelve (12) months preceding the election within the corporate limits of the Town; (5) no candidate may file for more than one office or position number per election; (6) no employee of the Town shall continue in such position after becoming a candidate for a Town elective office; and, (7) If any sitting Council member files to become a candidate for another public office, he shall resign his current seat upon filing for the new office. Town Council - Special Session Page 11 of 45 Meeting Date: Wednesday, February 26, 2014 SECTION 7 APPLICATION FOR A PLACE ON THE BALLOT 7.1 General Election. For the purpose of the May, 2014 General Election and pursuant to Section 143.007 of the Texas Election Code, any eligible and qualified person may have that person's name printed upon the official ballot as a candidate for the office hereinbefore set forth by filing the person's sworn application with the Town Secretary not earlier than January 29, 2014 and not later than 5:00 p.m. on February 28, 2014. Each such application shall be on a form as prescribed by the Texas Election Code. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the Town Secretary as provided by Section 52.094 of the Texas Election Code. Notice of the time and place for such drawing shall be given in accordance with Section 52.094(c) and (d) of the Texas Election Code. 7.2 Special Election. For the purpose of the May, 2014 Special Election to fill the vacancy on the Trophy Club Town Council and pursuant to the Texas Election Code, any eligible and qualified person may have that person's name printed upon the official ballot as a candidate for the office hereinbefore set forth by filing the person's sworn application with the Town Secretary not earlier than February 18, 2014 and not later than 5:00 p.m. on March 10, 2014. Each such application shall be on a form as prescribed by the Texas Election Code. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the Town Secretary as provided by Section 52.094 of the Texas Election Code. Notice of the time and place for such drawing shall be given in accordance with Section 52.094(c) and (d) of the Texas Election Code. SECTION 8 RUNOFF ELECTION If no candidate receives a majority of all votes cast for all of the candidates for his or her office at such election as required to be lawfully elected, there shall be a runoff election held. The runoff election shall be conducted as required by the Town Charter and the Texas Election Code. Notwithstanding the foregoing, the runoff election date has tentatively been set for June 21, 2014. SECTION 9 VOTING PRECINCTS The voting precincts for the Election are designated by their respective county precinct numbers. The proposed times and locations of early voting for Denton County and Tarrant County are set forth in Exhibit “C”, a copy of which is attached hereto and incorporated herein. Exhibit “C” shall be amended to include the final schedule of times and locations of early voting for both Town of Trophy Club Denton and Tarrant County residents upon announcement by the Denton and Tarrant County Elections Administrators. Notwithstanding the foregoing, the early voting times and locations set Town Council - Special Session Page 12 of 45 Meeting Date: Wednesday, February 26, 2014 forth in Exhibit “C” may be changed without further action of the Town Council if so directed by the Elections Administrator for Denton County and/or the Elections Administrator for Tarrant County. In addition to the early voting polling locations within the Town, all Denton County Trophy Club voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County. Tarrant County Trophy Club voters may vote at all early voting polling locations as designated and maintained by Tarrant County throughout the County. The Denton and Tarrant County 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 Election Day. SECTION 10 ELECTIONS ADMINISTRATION 10.1 Denton County. The Denton County Elections Administrator, Frank Phillips, is hereby appointed as Denton County Early Voting Clerk 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. Ballot applications and ballots voted by mail shall be sent to: Early Voting Clerk, 701 Kimberly Drive, Suite A101, Denton, Texas 76208. The Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early Voting Ballot Board and the presiding judge and alternate judge in accordance with the requirements of the Code. Early voting by personal appearance shall be conducted at the times on the dates and at the locations designated on Exhibit “A” hereto. The main early voting polling place is hereby designated to be 701 Kimberly Drive, Suite A101, Denton, Texas 76208. Early voting shall be conducted by the Early Voting Clerk, at the main early voting polling location listed above, and at the locations designated on Exhibit “C” hereto; such locations may be changed or additional early voting locations may be added by the Denton County and/or Tarrant County Elections Administrator, without further action of the Town Council, as is necessary for the proper conduct of the Election. 10.2 Tarrant County. The Tarrant County Elections Administrator, Steve Raborn, is hereby appointed as Tarrant County Early Voting Clerk 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. Ballot applications and ballots voted by mail shall be sent to: Early Voting Clerk, PO Box 961011, Fort Worth, Texas 76161-0011. The Elections Administrator and/or the Early Voting Clerk are hereby authorized to appoint the members of the Early Voting Ballot Board and the presiding judge and alternate judge in Town Council - Special Session Page 13 of 45 Meeting Date: Wednesday, February 26, 2014 accordance with the requirements of the Code. Early voting by personal appearance shall be conducted at the times on the dates and at the locations designated on Exhibit “C” hereto. The main early voting polling place is hereby designated to be Tarrant County Election Center, 2700 Premier Street, Fort Worth, Texas 76111. Early voting shall be conducted by the Early Voting Clerk, at the main early voting polling location listed above, and at the locations designated on Exhibit “C” hereto; such locations may be changed or additional early voting locations may be added by the Elections Administrator, without further action of the Town Council, as is necessary for the proper conduct of the Election. SECTION 11 COMPENSATION Compensation for election judges and alternate judges for their service in the Election shall be determined by the Denton County Elections Administrator and the Tarrant County Elections Administrator. E-slate, a Direct Record Electronic (DRE) System shall be used for early voting by personal appearance, and in the May 10, 2014 election at Denton County and Tarrant County Polling Sites. Paper ballots, which are optically scanned, shall be used for early voting by mail. In the May 10, 2014 election, the Denton County and the Tarrant County Elections Administrator shall cause ballots to be prepared in the form of the ballot first above prescribed, being in both English and Spanish, and shall furnish election officials such ballots, in such form, together with any other forms or blanks, in accordance with the Charter of the Town of Trophy Club, 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. SECTION 12 EARLY VOTING In addition to the early voting polling location located within the Town, Trophy Club Denton County voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County per the Joint Election Agreement and Contract for Election Services with Denton County. Trophy Club Tarrant County voters may only vote at the early voting polling locations designated and maintained by the Tarrant County Elections Administrator. SECTION 13 ELECTION MATERIALS The election materials enumerated in the Code shall be printed in both English and Spanish for use at the polling places and for early voting for the Election and provisions shall be made for oral assistance to Spanish-speaking voters. Town Council - Special Session Page 14 of 45 Meeting Date: Wednesday, February 26, 2014 SECTION 14 ELECTION RETURNS 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 15 NOTICE OF ELECTION PUBLICATION Notice of the Election shall be given by posting a notice containing a substantial copy of this Ordinance in both English and Spanish at the Town Hall on the bulletin board used for posting notices of the meetings of the Town Council and by publication of said notice one time in a newspaper of general circulation published within the Town, the date of the publication to be not less than fourteen (14) days nor more than thirty (30) days prior to the date set for the Election. An Order of Election is attached hereto and incorporated herein as Exhibit “D”. SECTION 16 CANVASS OF ELECTION Pursuant to Section 67.002 of the Texas Election Code, the Town Council will canvass the election not earlier than May 13, 2014 and not later than May 19, 2014. Notice of the time and place for canvass shall be posted on the official bulletin board in the same manner as required by the Open Meeting Act for other Town Council meetings in accordance with the Chapter 551 of the Local Government Code. SECTION 17 VOTING RIGHTS ACT The Mayor and the Town Secretary of the Town, in consultation with the Town Attorney, 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. SECTION 18 SEVERABILITY It is hereby declared to be the intent of the Town Council of the Town of Trophy Club that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance, since the same Town Council - Special Session Page 15 of 45 Meeting Date: Wednesday, February 26, 2014 would have been enacted by the Town Council without incorporation of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 19 ELECTION CONTRACTS The Town Manager or the Town Manager’s designee is authorized to amend or supplement any and all contracts for the administration of the May 10, 2014 Election to the extent required for the Election to be conducted in an efficient and legal manner as determined by the Denton County and/or Tarrant County Elections Administrator. Attached and incorporated herein as Exhibit “A” is a copy of a joint election agreement between the Town and the Denton County Elections Department. Upon approval by the Town Council, a joint election agreement between the Town and the Tarrant County Elections Department shall be incorporated herein by reference as Exhibit “B”. SECTION 20 ENGROSSMENT The Town Secretary of the Town of Trophy Club is hereby directed to engross and enroll this Ordinance as required by the Town Charter. SECTION 21 EFFECTIVE DATE This Ordinance shall take effect immediately upon adoption. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 26th day of February, 2014. Connie White, Mayor Town of Trophy Club, Texas ATTEST: APPROVED AS TO FORM: Tammy Ard, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council - Special Session Page 16 of 45 Meeting Date: Wednesday, February 26, 2014 EXHIBIT A JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and DENTON COUNTY Town Council - Special Session Page 17 of 45 Meeting Date: Wednesday, February 26, 2014 EXHIBIT B JOINT ELECTION AGREEMENT BETWEEN THE TOWN OF TROPHY CLUB, TEXAS and TARRANT COUNTY Incorporated By Reference Upon Approval by the Trophy Club Town Council Town Council - Special Session Page 18 of 45 Meeting Date: Wednesday, February 26, 2014 EXHIBIT C In addition to the early voting polling location located within the Town, Trophy Club Denton County voters may vote at all early voting polling locations as designated and maintained by Denton County throughout the County. Trophy Club Tarrant County voters may only vote at the early voting polling locations as designated and maintained by Tarrant County throughout the County. The Order of Election will be amended at a later date to include early voting sites added due to joint elections with other political subdivisions. NOTICE FOR EARLY VOTING Denton County Early voting by personal appearance will be conducted at: 100 Municipal Drive on the following: Monday, April 28 Tuesday, April 29 Wednesday, April 30 Thursday, May 1 Friday, May 2 Saturday, May 3 Monday, May 5 Tuesday, May 6 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 7:00 a.m. – 7:00 p.m. 7:00 a.m. – 7:00 p.m. Tarrant County Early voting by personal appearance will be conducted at: Locations designated by Tarrant County: Monday, April 28 Tuesday, April 29 Wednesday, April 30 Thursday, May 1 Friday, May 2 Saturday, May 3 Monday, May 5 Tuesday, May 6 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 8:00 a.m. – 5:00 p.m. 7:00 a.m. – 7:00 p.m. 7:00 a.m. – 7:00 p.m. Town Council - Special Session Page 19 of 45 Meeting Date: Wednesday, February 26, 2014 EXHIBIT “D” ORDER OF ELECTION FOR TROPHY CLUB An election is hereby ordered to be held on May 10, 2014 for the purpose of: Ordering and calling a Joint General and Special Election for the Town of Trophy Club (“town”) to be held on may 10, 2014 for the purpose of electing one (1) Mayor for a three (3) year term and two (2) Council Members for Place #1 and Place #2 to the Town Council for a three (3) year term each in order to include information relative to Tarrant County Election Administration and polling locations and to restate the conditions of the May, 2014 Election as previously adopted by Ordinance No. 2014-02; ordering and calling a Special Election for the purpose of electing one (1) Council Member for Place #3 to the Town Council to fill the remainder of an unexpired term of office of Place #3 created by a vacancy (term expiring may, 2015); and ordering and calling a special election to submit to the resident qualified voters of the Town of Trophy Club a proposition relating to the reauthorization of the local sales and use tax at the rate of one-fourth of one percent (0.25) in order to continue providing revenue for maintenance and repair of municipal streets for a specified period. Early voting by personal appearance will be conducted each weekday at: 100 Municipal Drive between the hours of 8:00 a.m. and 5:00 p.m. beginning on Monday, April 28, 2014 and ending on Tuesday, May 6, 2014 with Monday, May 5, 2014 and Tuesday, May 5, 2014 hours of 7:00 a.m. to 7:00 p.m. For the May 10, 2014 Joint General/Special Election, additional early voting will be held at 100 Municipal Drive on Saturday, May 3, 2014 between the hours of 8:00 a.m. and 5:00 p.m. Issued this the 26th day, of February 2014. Connie White, Mayor Town of Trophy Club, Texas Town Council - Special Session Page 20 of 45 Meeting Date: Wednesday, February 26, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-962-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/21/2014 Town Council On agenda:Final action:2/26/2014 Title:Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of Trophy Club, Texas, calling a bond election to be held on May 10, 2014 within the Town for the issuance of General Obligations Bonds for a Joint Town Hall and Police Facility and renovations to existing Town facilities; making provisions for the conduct of the election and other provisions relating thereto; and providing an effective date. Attachments:Staff Report - Calling Bond Election.pdf ORD 2014-04 Calling A Bond Election.pdf Proposed General Obligation bond Election Calendar.pdf Updated Debt Model.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of Trophy Club, Texas, calling a bond election to be held on May 10, 2014 within the Town for the issuance of GeneralObligations Bonds for a Joint Town Hall and Police Facility and renovations to existing Town facilities; making provisions for the conduct of the election and other provisions relating thereto; and providing an effective date. Town Council - Special Session Page 21 of 45 Meeting Date: Wednesday, February 26, 2014 Town of Trophy Club To: Mayor and Town Council From: Stephen Seidel, Assistant Town Manager CC: Mike Slye, Town Manager Tammy Ard, Town Secretary Re: Calling a General Obligation Bond Election for $11.7M to construct a Joint Police/Town Hall Facility ______________________________________________________________________________ Agenda Item: Consider and take appropriate action regarding an Ordinance of the Town Council of the Town of Trophy Club, Texas, calling a bond election to be held on May 10, 2014 within the Town for the issuance of General Obligations Bonds for a Joint Town Hall and Police Facility and renovations to existing Town facilities; making provisions for the conduct of the election and other provisions relating thereto; and providing an effective date. Explanation: Several years ago, the Town Council began identifying the need for a new Police Department facility and Town Hall. The Council and staff worked to develop a long term financial model that would support the construction of new Town facilities without raising citizen taxes. The Town has experienced exponential growth over the past 6 years which has increased the Town’s tax base to over $1+ Billion. In addition to smart financial planning, a portion of this strong development growth will allow the Town to issue bonds without impacting the citizen’s taxes. The Council working alongside staff has strategically positioned the Town to take full advantage of eliminating old debt as well as tax base growth. The Town began to defease debt obligations since Summer 2010 which reduced debt capacity as well as saved the residents hundreds of thousands in interest savings. Additionally, the citizens voted to create a Crime Control & Prevention District funded with a reallocation of $0.25 sales tax which would also help pay for a portion of a new police facility. The proposed site location is best utilized to construct a joint facility with a 30 - 50 year life that would take advantage of efficiencies of combining the facilities, i.e. joint training rooms, IT hardware, parking, public facilities, staffing, etc. There are also savings by designing and constructing as one facility rather than building two separate buildings. Since property is limited within Trophy Club, the Town is attempting to master plan the property prior to any construction in order to best utilize the land to its fullest extent. Hence, the reason the Town has also requested the Town Council - Special Session Page 22 of 45 Meeting Date: Wednesday, February 26, 2014 architect to design the site to incorporate a future civic center which could rented out for parties, businesses, weddings, etc as well as serve a place for daily civic/community activities. By calling a GO Bond election, Trophy Club voters will be asked to approve $11.7M in General Obligation bonds. During June 2014, the Town would issue $7.25M of the total $11.7M in order to finalize design and begin construction. It is a Town goal to stay under the $10 Million Bank Qualified limit. Exceeding $10 million in debt issuance in a single calendar year (not fiscal year) would increase the interest rate by approximately 0.5%. The Town would then come back and issue the remaining authorized $4.45M during 2015. The current model is set up on a very conservative basis, including interest rates. The model is set up to issue the 2015 bonds during February/March 2015 and utilize I&S Fund Balance to cover the debt payment (I&S Fund Balance is restricted and can be used for this purpose). However, the Town would prefer to issue the 2015 bonds in Summer 2015 in order to reduce the payment and push until 2016 unless interest rates have increased where it is more advantageous to issue earlier in the year. In addition to the interest rates, the model is also set up with very conservative ad valorem growth projections. Attachments: Ordinance No. 2014-04 Proposed General Obligation Bond Election calendar Updated Debt Model Town Council Goals: Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Improve data security Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages Goal #4: Healthy, Picturesque, and Environmentally Sound Promote recreational / active lifestyle opportunities for all ages Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Town Council - Special Session Page 23 of 45 Meeting Date: Wednesday, February 26, 2014 Develop / Enhance environmental and sustainability standards and programs Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service Recommendation: Staff recommends approval of Ordinance 2014-04 calling a bond election to be held on May 10, 2014 within the Town for the issuance of General Obligations Bonds for a Joint Town Hall and Police Facility and renovations to existing Town facilities. Town Council - Special Session Page 24 of 45 Meeting Date: Wednesday, February 26, 2014 TOWN 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. 1 “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 Town Council - Special Session Page 25 of 45 Meeting Date: Wednesday, February 26, 2014 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. 1  FOR  AGAINST THE ISSUANCE OF $11,700,000 GENERAL OBLIGATION 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: Dallas County Elections Department, 8th Floor, Health and Human Services Building, Early Voting Clerk, 8th floor, Elections Town Council - Special Session Page 26 of 45 Meeting Date: Wednesday, February 26, 2014 Department, 2777 North Stemmons 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: 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 Dallas County Elections Department and the Tarrant County Elections Department pursuant to separate Election Services Contracts (the “Contracts”) by and among Dallas County Elections Department April 28, (Monday through Friday) May 2 8:00 AM – 5:00 PM May 3, (Saturday) 8:00 AM – 5:00 PM May 5, (Monday and Tuesday) May 6 7:00 AM – 7:00 PM Town Council - Special Session Page 27 of 45 Meeting Date: Wednesday, February 26, 2014 (“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. (c) 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 Code. (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 Town Council - Special Session Page 28 of 45 Meeting Date: Wednesday, February 26, 2014 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. Town Council - Special Session Page 29 of 45 Meeting Date: Wednesday, February 26, 2014 PRESENTED, FINALLY PASSED AND APPROVED, AND EFFECTIVE on the 26th day of February, 2014, by a vote of ___ ayes and ___ nays at a regular meeting of the Town Council of the Town of Trophy Club, Texas _______________________________ CONNIE WHITE, Mayor ATTEST: _______________________________ TAMMY ARD, Town Secretary APPROVED AS TO FORM: PATRICIA ADAMS, Town Attorney By: _____________________________ Town Council - Special Session Page 30 of 45 Meeting Date: Wednesday, February 26, 2014 EXHIBIT A ELECTION DAY POLLING LOCATIONS FOR SATURDAY, MAY 10, 2014 BOND ELECTION- DENTON COUNTY (Polls shall be open from 7:00 AM to 7:00 PM) Main Voting Location: Trophy Club Svore Municipal Building 100 Municipal Drive, Trophy Club, TX 76262 ELECTION DAY POLLING LOCATIONS FOR SATURDAY, MAY 10, 2014 BOND ELECTION - TARRANT COUNTY (Polls shall be open from 7:00 AM to 7:00 PM) Main Voting Location: Trophy Club Svore Municipal Building 100 Municipal Drive, Trophy Club, TX 76262 Town Council - Special Session Page 31 of 45 Meeting Date: Wednesday, February 26, 2014 EARLY VOTING: DENTON COUNTY DATE S AND TIMES FOR EARLY VOTING: DENTON COUNTY APRIL 28, (MONDAY THROUGH FRIDAY) MAY 02 8:00 AM – 5:00 PM MAY 03, (SATURDAY) 8:00 AM – 5:00 PM MAY 05, (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. Town Council - Special Session Page 32 of 45 Meeting Date: Wednesday, February 26, 2014 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 05, (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. Town Council - Special Session Page 33 of 45 Meeting Date: Wednesday, February 26, 2014 MEMORANDUM TO: Mike Slye Town of Trophy Club FROM: Julie Partain DATE: February 20, 2014 RE: Election Timeline for May 2014 Uniform Election Date The following dates represent major deadlines for a town’s bond election to be held on the May 10, 2014 Uniform Election Date. 1. February 10, 2014: The first day on which an election can be called (90 days before Election Day). (i 2. February 28, 2014: The last date on which an election can be called (71 days before Election Day). ( ) ii 3. March 11, 2014: The date by which notice of the election must be submitted to the county clerk and the voter registrar (60 days before Election Day). ( ) iii 4. April 10, 2014 – April 26, 2014: The dates within which the first notice of the bond election must be published, in English and in Spanish, in a newspaper published in the jurisdiction of the Town, or if no newspaper is published in the jurisdiction of the Town, then in a newspaper of general circulation in the jurisdiction of the Town (not earlier than the 30th day or later than the 14th day before Election Day). The notice must be published twice, on the same day in each of two successive weeks. ( ) iv 5. April 21, 2014( ) v): The latest date on which the notice of the bond election, which must include the location of each polling place, must be posted in English and Spanish on the bulletin board of the Town used for posting notices of Town Council meetings (not later than the 21st day before Election Day). (vi) Town Council - Special Session Page 34 of 45 Meeting Date: Wednesday, February 26, 2014 6. April 21, 2014(vii): The latest date on which a copy of the election order must be posted in three (3) public places in the boundaries of the Town and Town Hall. Additionally, if the Town maintains a website, from April 21 until Election Day, the election order must be posted on the Town’s website, prominently and together with the notice of the election and the contents of the proposition. (viii 7. April 28, 2014 – May 6, 2014: The early voting dates (12 days to 4 days before Election Day). ( ) ix) The election order must be posted in a prominent location in each polling place. (x 8. May 10, 2014: Election Day. The election order must be posted in a prominent location in each polling place. ( ) xi 9. May 13, 2014 – May 21, 2014( ) xii New Requirements for the Contents of the Election Order( ): The dates within which the local canvass must occur (not earlier than the later of (i) three days after Election Day, (ii) the date on which the all provisional ballots are verified and counted or (iii) the date on which all ballots cast from outside of the U.S. are counted and not later than 11 days after Election Day). xiii As of September 1, 2013, all ordinances calling bond elections must include the following information: ) (1) the proposition language that will appear on the ballot (this was previously included in the Town’s election ordinances); (2) the purpose(s) for which the bonds are to be authorized (this was previously included in the Town’s election ordinances); (3) the principal amount of the bonds to be authorized (this was previously included in the Town’s election ordinances); (4) that taxes sufficient to pay the annual principal of and interest on the bonds may be imposed (this was previously included in the Town’s election ordinances); (5) a statement of (a) the estimated tax rate if the bonds are authorized or (b) of the maximum interest rate of the bonds or any series of the bonds, based on the market conditions at the time of the election ordinance (this is a new requirement); (6) the maximum maturity date of the bonds to be authorized or that the bonds may be issued to mature over a specified number of years not to exceed 40 (this was previously included in the Town’s election ordinances); Town Council - Special Session Page 35 of 45 Meeting Date: Wednesday, February 26, 2014 (7) the aggregate amount of the outstanding principal of the Town’s debt payable from ad valorem taxes as of the beginning of the fiscal year in which the election is ordered (this is a new requirement); (8) the aggregate amount of the outstanding interest on the Town’s debt payable from ad valorem taxes as of the beginning of the fiscal year in which the election is ordered (this is a new requirement); and (9) the ad valorem debt service tax rate for the political subdivision at the time the election is ordered, expressed as an amount per $100 valuation of taxable property (this is a new requirement). If you have any questions, please do not hesitate to contact me at 214-758-1606. RRC (i) Section 1251.003(c) of the Government Code. (ii) Section 3.005 of the Election Code. (iii) Section 4.008 of the Election Code. (iv) Section 4.003(a)(1) of the Election Code; Section 1251.003(d) and (e) of the Government Code. (v) Under the Election Code, when the date of a required action falls on a Saturday, Sunday, or legal state holiday, that requirement may be satisfied on the next regular business day. (vi) Section 4.003(b) of the Election Code. (vii) Under the Election Code, when the date of a required action falls on a Saturday, Sunday, or legal state holiday, that requirement may be satisfied on the next regular business day. (viii) Section 4.003(f) of the Election Code; Section 1251.003(d)(1) of the Government Code. (ix) Section 85.001(e) of the Election Code. (x) SB 637, Section 2 amended Section 4.003 of the Election Code to add subsection (f). Effective September 1, 2013. (xi) SB 637, Section 2 amended Section 4.003 of the Election Code to add subsection (f). Effective September 1, 2013. (xii) Section 67.003 of the Election Code. (xiii) SB 637, Section 1 amended Chapter 3 of the Election Code to add Section 3.009. Effective September 1, 2013. 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$ 7 , 2 5 0 , 0 0 0 G O i s s u e d J u n e 1 5 , 2 0 1 4 ; a n d $ 4 , 4 5 0 , 0 0 0 G O i s s u e d M a r c h 1 , 2 0 1 5 (i f I n t e r e s t r a t e s a l l o w , w e w i l l d e l a y t h i s i s s u e u n t i l s u m m e r o f 2 0 1 5 t o e l i m i n a t e a f i s c a l y e a r 2 0 1 5 p a y m e n t To w n Co u n c i l - Sp e c i a l Se s s i o n Pa g e 37 of 45 Me e t i n g Da t e : Wednesday, February 26, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-963-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/21/2014 Town Council On agenda:Final action:2/26/2014 Title:Consider and take appropriate action regarding a Resolution of the Town Council Repealing Resolution No. 2014-05 and adopting a new Resolution relating to the Giving of Notice of Intention to issue Town of Trophy Club, Texas Combination Tax and Revenue Certificates of Obligation, Series 2014 for the purpose of paying contractual obligations for the purchase of land for a joint police and town hall facility, facility design costs, and various costs related thereto; and providing an effective date. Attachments:Staff Report - Notice of Intention.pdf RES 2014-07 Amending RES 2014-05 Notice of Intent.pdf Proposed CO Bond sale calendar.pdf Updated Debt Model.pdf Action ByDate Action ResultVer. Consider and take appropriate action regarding a Resolution of the Town Council Repealing Resolution No. 2014-05and adopting a new Resolution relating to the Giving of Notice of Intention to issue Town of Trophy Club, Texas Combination Tax and Revenue Certificates of Obligation, Series 2014 for the purpose of paying contractual obligations for the purchase of land for a joint police and town hall facility, facility design costs, and various costs related thereto; and providing an effective date. Town Council - Special Session Page 38 of 45 Meeting Date: Wednesday, February 26, 2014 Town of Trophy Club To: Mayor and Town Council From: Stephen Seidel, Assistant Town Manager CC: Mike Slye, Town Manager Tammy Ard, Town Secretary Re: Notice of Intention: $2.5M Certificates of Obligation Bonds ______________________________________________________________________________ Agenda Item: Consider and take appropriate action regarding a Resolution of the Town Council Repealing Resolution No. 2014-05 and adopting a new Resolution relating to the Giving of Notice of Intention to issue Town of Trophy Club, Texas Combination Tax and Revenue Certificates of Obligation, Series 2014 for the purpose of paying contractual obligations for the purchase of land for a joint police and town hall facility, facility design costs, and various costs related thereto; and providing an effective date. Explanation: The Town Council took action to issue $9.5M in CO Bonds at their February 17, 2014 Council meeting. Based upon feedback and discussion at that meeting, the staff has adjusted the CO issue to $2.5M in CO Bonds in order to purchase property as well as continue the design process. Attachments: Proposed Notice of Intention Resolution Proposed CO Bond sale calendar Updated Debt Model Town Council Goals: Goal #1: Safe and secure community. Maintain low crime rate Increase citizen awareness and involvement in crime prevention Provide superior Emergency Services Improve data security Goal #2: Business-Friendly Economic Development Create effective working relationships with businesses and developers Retain / Develop existing businesses Promote new commercial opportunities Town Council - Special Session Page 39 of 45 Meeting Date: Wednesday, February 26, 2014 Goal # 3: Strong Partnerships and Community Involvement Create a positive regional identity Foster a well informed community Forge collaborative relationships with other governmental and public entities Support citizen volunteer opportunities Promote recreational / active lifestyle opportunities for all ages Goal #4: Healthy, Picturesque, and Environmentally Sound Promote recreational / active lifestyle opportunities for all ages Maintain neat and tidy appearance Improve property maintenance standards and code enforcement Develop / Enhance environmental and sustainability standards and programs Goal #5: Financial and Operational Stewardship Develop, recognize, and retain quality staff Implement strong financial management standards Improve effectiveness and efficiency of operational processes Maintain / Improve infrastructure and assets Provide cost-effective services Deliver responsible customer service Recommendation: Staff recommends approval of the resolution of the Town Council repealing Resolution No. 2014-05 and adopting the new resolution giving notice of intention. Town Council - Special Session Page 40 of 45 Meeting Date: Wednesday, February 26, 2014 TOWN OF TROPHY CLUB, TEXAS RESOLUTION NO. 2014-07 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS REPEALING RESOLUTION NO. 2014- 05 AND ADOPTING THIS RESOLUTION RELATING TO THE GIVING OF NOTICE OF INTENTION TO ISSUE TOWN OF TROPHY CLUB, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2014; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Trophy Club, Texas (the “Town”), pursuant to Chapter 271, Subchapter C, Texas Local Government Code, as amended, is authorized to issue its certificates of obligation for the purpose of paying contractual obligations to be incurred for the purposes set forth below; and WHEREAS, the Town Council of the Town has found and determined that a notice of intention to issue certificates of obligation should be published in accordance with the requirements of applicable law; and WHEREAS, on February 17, 2014 the Town Council previously approved and adopted Resolution No. 2014-05 relating to the giving of notice for the issuance by the Town of certificates of obligation; and WHEREAS, the Town Council now desires to repeal Resolution No. 2014-05 and to adopt this Resolution in order to amend the project description, the amount, and the sale date of the certificates of obligation for Combination Tax And Revenue Certificates Of Obligation, Series 2014; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, THAT: Section 1. The findings and determinations set forth in the preambles hereto are hereby incorporated by reference for all purposes. Section 2. Exhibit A to Resolution No. 2014-05 passed by the Town Council on February 17, 2014 is hereby repealed and replaced in its entirety by the following: EXHIBIT A NOTICE OF INTENTION TO ISSUE TOWN OF TROPHY CLUB, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2014 NOTICE IS HEREBY GIVEN that on April 7th, 2014, the Town Council of the Town of Trophy Club, Texas, at 6:00 p.m. at a regular meeting of the Town Council to be held in the Council Chambers at the Trophy Club Municipal Building, 100 Municipal Town Council - Special Session Page 41 of 45 Meeting Date: Wednesday, February 26, 2014 Drive, Trophy Club, Texas 76262, the regular meeting place of the Town Council, intends to pass an ordinance authorizing the issuance of not to exceed $2,500,000 principal amount of Certificates of Obligation (excluding premium) for the purpose of paying contractual obligations to be incurred for the following purposes, to wit: (a) purchasing land for a joint police and town hall facility; (the “Project”); and (b) paying professional services of attorneys, financial advisors and other professionals in connection with the Project and the issuance of the Certificates. The Certificates shall be issued in one or more series, shall bear interest at a rate not to exceed fifteen percent (15%) per annum, and shall have a maximum maturity date of not later than forty (40) years after their date. Said Certificates shall be payable from the levy of a direct and continuing ad valorem tax against all taxable property within the Town sufficient to pay the interest on this series of Certificates as due and to provide for the payment of the principal thereof as the same matures, as authorized by Chapter 271, Subchapter C, Texas Local Government Code, as amended, and from all or a part of the surplus revenues of the Town’s municipal drainage utility system, such pledge of surplus revenues being limited to $1,000. THIS NOTICE is given in accordance with law and as directed by the Town Council of the Town of Trophy Club, Texas. GIVEN THIS February 26, 2014 /s/ Tammy Ard, Town Secretary Town of Trophy Club, Texas Section 3. The Town Secretary of the Town is hereby authorized and directed to issue a notice of intention to issue certificates of obligation in substantially the form set forth in Section 2, and the revised Exhibit A, herein. Section 4. The foregoing notice shall be published once a week for two consecutive weeks, the date of the first publication being before the thirtieth (30th) day prior to the date set forth in the foregoing notice for passage of the ordinance authorizing the Combination Tax and Revenue Certificates of Obligation. Such notice shall be published in a newspaper of general circulation in the area of the Town of Trophy Club, Texas. Section 5. That this resolution shall take effect from and after the date of its passage. PASSED, APPROVED AND EFFECTIVE this 26th day of February, 2014. ________________________________ Mayor Connie White Town of Trophy Club, Texas Town Council - Special Session Page 42 of 45 Meeting Date: Wednesday, February 26, 2014 ATTEST: APPROVED AS TO FORM: _______________________________ ________________________________ Tammy Ard, Town Secretary Patricia A. Adams, Town Attorney Town of Trophy Club, Texas Town of Trophy Club, Texas Town Council - Special Session Page 43 of 45 Meeting Date: Wednesday, February 26, 2014 TOWN OF TROPHY CLUB, TEXAS $2,500,000 COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2014 Revised Timetable As of February 21, 2014 Date Action Required 02-18-14 (T) SWS submits initial draft of Preliminary Official Statement (POS) and Official Notice of Sale (NOS) to all parties for review 02-21-14 (F) Southwest Securities (SWS) distributes revised timetable to all parties for April 7, 2014 competitive sale of $2,500,000 Certificates of Obligation. 02-25-14 (T) SWS receives comments on initial POS/NOS Draft from all parties 02-26-14 (W) Special Council Meeting (5:00 pm) to: • Authorize Publication of Notice of Intent to Issue Combination Tax and Revenue Certificates of Obligation, Series 2014 (COs) • Call Bond Election for May 10, 2014 02-27-14 (W) • SWS submits POS/NOS and other financing documents to S&P rating agency to request underlying credit rating • SWS distributes second POS/NOS Draft to all parties. 03-05-14 (W) First Publication of Notice of Intent to Issue COs in local newspaper (must be at least 31 days prior to the sale date) 03-06-14(Th) S&P rating conference call (2:00 pm) 03-12-14 (W) Second Publication of Notice of Intent to Issue COs in local newspaper 03-27-14 (Th) • Final POS/NOS Comments are due to SWS from all parties • Receive S&P underlying bond rating 03-31-14 (M) Post POS/NOS to the SWS Internet Website and electronically distribute POS/NOS to potential bidders in the investment community 04-07-14 (M) • Receive electronic bids for the COs (12:00 Noon) via Internet and the “i-Deal LLC PARITY” bidding program • Regular Council Meeting to review bids for the COs and adopt the Ordinance authorizing and selling the COs (7:00 pm) 04-14-14 (M) Print and distribute Final Official Statement (OS) and post Final OS to SWS website 04-21-14 (M) SWS notifies all parties of closing/delivery instructions 04-30-14 (W) Payment for and delivery of the COs ______________ Note: Bold entries indicate dates/actions that require the Town’s participation. Town Council - Special Session Page 44 of 45 Meeting Date: Wednesday, February 26, 2014 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12014-966-T Name: Status:Type:Agenda Item Regular Session File created:In control:2/23/2014 Town Council On agenda:Final action:2/26/2014 Title:Consider and take appropriate action to ratify notice to CPS Civil, the bidder previously awarded for the Indian Creek rehabilitation project, that the Town is rejecting its bid for that project and will not enter into a Contract at this time, and directing staff to complete the redesign on the project and rebid upon completion of the redesign. Attachments: Action ByDate Action ResultVer. Consider and take appropriate action to ratify notice to CPS Civil, the bidder previously awarded for the Indian Creek rehabilitation project, that the Town is rejecting its bid for that project and will not enter into a Contract at this time, and directing staff to complete the redesign on the project and rebid upon completion of the redesign. Town Council - Special Session Page 45 of 45 Meeting Date: Wednesday, February 26, 2014