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Ord. 1040 11-12-01ORDINANCE NO. 1040 CPY ORDINANCE CANVASSING RETURNS AND DECLARING C3 RESULTS OF SPECIAL BOND ELECTION STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND WHEREAS, on November 6, 2001, there was held within and throughout the territory of the City of Pearland, Texas (the "City") a special election (the "Election") at which there was submitted to the resident, qualified electors of the City the following propositions, to -wit: PROPOSITION 1 Shall the City Council of the City of Pearland, Texas be authorized to issue bonds of the City in the amount of $92,500,000 maturing serially or otherwise at such times as may be fixed by the City Council not to exceed 40 years from their date or dates and bearing interest at any rate or rates, either fixed, variable or floating, according to any clearly stated formula, calculation or method not exceeding the maximum interest rate now or hereafter authorized by law as shall be determined within the discretion of the City Council at the time of issuance, and to levy a tax upon all taxable property in the City sufficient to pay the interest on the bonds, and to provide a sinking fund for the payment of the bonds as they mature, for the purpose of making permanent public improvements as follows: acquisition, construction, repair and improvement of city streets and bridges, and all matters necessary or incidental thereto? PROPOSITION 2 Shall the City Council of the City of Pearland, Texas be authorized to issue bonds of the City in the amount of $22,500,000 maturing serially or otherwise at such times as may be fixed by the City Council not to exceed 40 years from their date or dates and bearing interest at any rate or rates, either fixed, variable or floating, according to any clearly stated formula, calculation or method not exceeding the maximum interest rate now or hereafter authorized by law as shall be determined within the discretion of the City Council at the time of issuance, and to levy a tax upon all taxable property in the City sufficient to pay the interest on the bonds, and to provide a sinking fund for the payment of the bonds as they mature, for the purpose of making permanent public improvements as follows: acquisition, construction and improvement of city drainage projects and facilities, and all matters necessary or incidental thereto? HOU:701903.1 WHEREAS, the Election was called and held in all respects under and in strict compliance with the Constitution and laws of the State of Texas and the United States of America; WHEREAS, the tabulation of the results of the Election was as follows: PROPOSITION 1 9 Votes FOR THE ISSUANCE OF BONDS 95174 Votes AGAINST THE ISSUANCE OF BONDS PROPOSITION 2 if Votes FOR THE ISSUANCE OF BONDS get Votes AGAINST THE ISSUANCE OF BONDS IT -IS THEREFORE ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS THAT: Section 1. The Election was duly called and notice thereof given in accordance with law; the Election was held in the manner required by law; only resident, qualified electors of the City voted at the Election; a written return of the election results was made to the City in accordance with the Election Code; and a majority of the resident, qualified electors of the City voting in the Election, including absentee voting, voted fgo Proposition 1 and a majority of the resident, qualified electors of the City voting in the E ection, including absentee voting, voted i4,7 Proposition 2. Section 2. The official returns shall be delivered to the City Secretary, who is hereby directed to enter in the Election register the tabulation of the votes cast for and against Proposition 1 and Proposition 2 and to preserve such tabulations as required by law. Section 3. Notice of Meeting. The City Council officially finds, determines, recites and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance is adopted was posted on a bulletin board located at a place convenient to the public at 2 HOU:701903.1 Pearland City Hall for at least 72 hours preceding the scheduled time of the meeting; that a telephonic or telegraphic notice of such meeting was given to all news media who have consented to pay any and all expenses incurred by the City in connection with providing such notice, both as required by Chapter 551, Texas Government Code; and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter thereof was discussed, considered and formally acted upon. Section 4. Authorization to Execute. The Mayor is authorized to execute and the City Secretary is authorized to attest and seal this Ordinance on behalf of the City Council. Section 5. and approval. Effective Date. This Ordinance is effective immediately upon its passage PASSED AND APPROVED /vL-0190p- 12 , 2001. ATTEST: y Secret of Pe (SEAL) y and, Texa Mayor City of Pearland, Texas HOU:701903.1 3 ABC :MULA'j'e.. REPORT - CITY OF PEARLAND BOND Page 22:1:12 6-Nov-2001 Precincts Counted - TOTAL Ballots Cast - TOTAL City Of Pearland Bond Election Brazoria County, Texas - November 6, 2001 Total Pct Total - Pct 4 100.00 3,221 - Issuance $92,500,000 improvement bonds for acquisition, construction,repair&improvement of city street & bridges FOR THE ISSUANCE OF BONDS . . . 1,926 66.88 AGAINST THE ISSUANCE OF BONDS . 954 33.13 Total 2,880 100.00 Onervotes 3 Undervotes 338 Issuance of 22,500,000 Improvement Bonds for acquisition construction&improvement of drainage projects & facility FOR THE ISSUANCE OF BONDS . . 2,588 81.72 AGAINST THE ISSUANCE OF BONDS . . . 579 18.28 Total 3,167 100.00 Overvotes 10 Undervotes 44 We. the undersigned, certify that the above results are true and correct. Total Pct Page 1 )G,"2 Epiphany Lutheran Church 22:1G:43 6-Nov-2001 Ballcts Cast - TOTAL City Of Pearland Bond Election Brazoria County, Texas - November 6, 2001 Posn Count Pct .Posn Count Pct 793 Issuance $92,500,000 improvement bonds for acquisition, construction,repair&improvement of city street & bridges FOR THE ISSUANCE OF BONDS . . 34 511 70.78 AGAINST THE ISSUANCE OF BONDS . . . 36 211 29.22 Total 722 100.00 Overvotes 1 Undervotes 70 Issuance of 22,500,000 Improvement Bonds for acquisition construction&improvement of drainage projects & facility FOR THE ISSUANCE OF BONDS 46 659 84.49 AGAINST THE ISSUANCE OF BONDS 48 121 15.51 780 100.00 Overvotes 3 Undervotes 10 Total We, the undersigned, certify that the above results are true and correct. Signed: Posn Count Pct 0.+16 Melvin Knapp Activity Building Page 22:17:47 6-Nov-2001 Posn Count Pct Ballots Cast - TOTAL . 1,082 Issuance $92,500,000 improvement bonds for acquisition, construction,repair&improvement of city street & bridges FOR THE ISSUANCE OF BONDS . . . 34 622 63.86 AGAINST THE ISSUANCE OF BONDS . . 36 352 36.14 Total 974 100.00 Overvotes 0 Undervotes - 108 Issuance of 22,500,000 Improvement Bonds for acquisition construction&improvement of drainage projects & facility FOR THE ISSUANCE OF BONDS . . . 46 847 79.08 AGAINST THE ISSUANCE OF BONDS . . . 48 224 20.92 Total 1,071 100.00 Overvotes 2 Undervotes 9 We, the undersigned, certify that the above results are true and correct. Signed: • • City Of Pearland Bond Election Brazoria County, Texas - November 6, 2001 Posn Count Pct Posr. Count Pct Page 1 EAt 7.Y VOTING TOTALS - CITY PEARLAND BOND 22:05:56 6-Nov-2001 Precincts Counted - TOTAL Ballots Cast - TOTAL City Of Pearland Bond Election Brazoria County, Texas - November 6, 2001 Total Pct Total Pct Total Pct 2 50.00 1,346 Issuance $92,500,000 improvement bonds for acquisition, construction,repair&improvement of city street & bridges FOR THE ISSUANCE OF BONDS . . 793 66.98 AGAINST THE ISSUANCE OF BONDS . 391 33.02 Total 1,184 100.00 Overvotes 2 Undervotes 160 Issuance of 22,500,000 Improvement Bonds for acquisition construction&improvement of drainage projects & facility FOR THE ISSUANCE OF BONDS 1,082 82.22 AGAINST THE ISSUANCE OF BONDS 234 17.78 Total 1,316 100.00 Overvotes 5 Undervotes 25 We, the undersigned, certify that the above results are true and correct. 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N v'•.rW F roto pp 0•.IWH ro00 ..4 U U.T.NY O> O'3'.N00 i t1 to 0 U 0> 44 0O�H20 P. {0 proj ONl 7w' QH >0> 'NO CUC HH w too .• 0i 7 a4.4 Ob 71011 W 4 0D to 0 •. ri 0 0 in0 u 1 N ro tro0 H U 00 t U s We, the undersigned, certify that the above results are true and correct.