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R2000-062-1 05-08-00KESOLUTIONNO, RzO00- G 'z- i A RESOLUTION CALLING A SPECIAL ELECTION TO BE HELD ON SATURDAY, ~01.Y 15, 2000, FOR THE PLtgPOSE OF SUBMITTING TO THE QUALI~mr~ ELECTOP.~ OF THE CITY OF PEARLAND, TEXAS, A PKOPOSITION FOR THE ISSUANCE OF PUBLIC IMPROVEMENT BONDS FOR VARIOUS PURPOSES; AND MAKING OTI-~R PROVISIONS RELATED TO THE SUBJECT WH~P,]EAS, the City Council of the City of Pearland, Texas. has determined that an election should bo held in the City on the proposition of issuing City bonds payable from ad valorem taxes for the purposes hereinafter set forth; and WI-I~EA8, the City Council wishes to preened with the ordering of such election and the City Council has determined that holding such election on a date oth~r than a uniform election date is in tim public interest; NOW, THF. R~FOIlE, BE IT KESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. (a) It is hereby resolved that i special election (the "L:l~tion") shall be held in and throughogt the City of Poarland on Saturday, July 15, 2000, between the · hours ofs~en o'clock a.m. and s~van o'clock p.m. at which election the proposition forth in Exhibit A hgi'oto for the issuanc~ of bonds for permanent public improvements for the City of Pearland, Texas (the 'City'), and the levy of tax~s for payment thereof, shall be submitted to the qualified electors of the City. (b) The Election shall be held under the provisions of the Charter of the City. the Constitution and laws of the State of Texas and of this P. esolution. All qualified voters residing in the City shall be allowed to vote at the Election; and each voter shall - vote in the election precinct in which such voter resides. Se_ellen 2. (a) The election precin~ for the Election shall include the county election precincts located within the limits of the City and such precincts and the polling place are hereby established and shall be as described in Exhibit B hereto. Co) -In~z Farmer is hereby appointed as Presiding ~'udge and Choryl Barnett as Alternate Presiding ludge. The Presiding ludge shall appoint the n~assary clerks to a~sist her which shall not be less than two (2) nor more than nine (9) ¢lerk~ Notice of appointment of the Presiding Judge shall be in accordan~ with S~don :12.009 of the Texas Election Code, as amended. (¢) In the event the Mayor shall find that the polling place listed on Exhibit B shall have become unavailable or unsuitable for uso at the Election or if any person or parsons appointed herein do not appear or are unable to perform their duties, he is hereby authorized to designate substitute polling places and appoint substitute personnel, giving such notice as he deems appropriate. Section 3. In accordance with the Texas Election Code, it is hereby deterw~ned that electronic voting systems shall be used for the Election for all votin& including early voting by personal appearance and by mail. The City Secretary is hereby authorized and directed to prepare the ballots and provide and furnish all ne,~essary eleotion supplies to condu~t the election in accordance with the provisions of the Texas Eleotiou Code. On sooh ballots shall appear a proposition corresponding to the proposition set forth in Exhibit A to tiffs Resolution. Such proposition shall be as described-in Exhibit C hare~o with provision to vote *FOR TI~ ISSUANCE OF BONDS" or 'AGAIHST THE ISSUANCE OF BONDS." Section 4. (a) lnez Farmer is hereby appointed Presiding Judge of the l%rly Voting Ballot Board for the Election. The Mayor shall appoim a substitute presiding judge for the Early Voting Ballot Board, if necessary. The Presiding Judge of the Early Voting Ballot Board is hereby directed to appoint st least two (2) other members to the Early Voting Ballot Board in the same manner as precinct election clerks are appointed. (b) Young Lorfing is hereby appointed Clerk for early voting and Wendy Standoff, Melissa Harris and Mary Hickling .are hareby appointed Deputy Clerks for early voting. The ~arly voting place for the Special Election shall be at City Hall, 3519 Liberty Drive, Pesrlaqd, Texas 77581, a~d such pla~e of early votir~g shall remain open for at least eight (8) hours each day for early voting which is not a Saturday, Sunday, or an official State holiday, beginning on Wednesday~ luna 28, 2000, and continuing through Tuesday, luly 11, 2000. Such place of voting shall remain open between the hours of g:00 a.m. and 5:00 p.m. Monday through Friday for early voting. Tho mailing address to which ballot applications and ballots voted by mail may be sent is as follows: Early Voting Cleric, City of Pearland, 3519 Liberty Drive, Pearland' Texas 77581. Late voting by sick or disabled voters aiter the close of the regular early voting period shall be in accordance with Chapter 102 of the Texas Election.Code, as amended. (c) Early vo~g in per,on or by mail for such elections shall be by electronic voting system. A~ early ballot box shall be provided in accordance with $~-tions 51.031 and 85.032 of the Texas Election Cod~ as amended. Early votes shall be canvassed returned by the F, arly Voting Ballot Board, Section 5. This Resolution shall constitute the election order for the l!le~tion and shall constitute the notice of the t/laotian, and the Mayor is hereby authorized and directed by the provisions of Section 4.003(c) of the Texas Election Code, as amended, and Section 1251.003(d) of the Texas Government Cod~, as amended, to cause a copy of this l~solution to be (1) published on thc same day in each of two (2) successive weeks in a newspaper of general circulation in the City of Poarland, Texas, the first such publication to be made not less than fourteen (14) days before the date of the eleetion; and (2) posted, not later than twenty-one (21) days before the date of the election, in thr~ (3) public places within the City of Pesrla~l and at City Hall, The Msyor and City Secret~/ge authorized ~o give such other notice as may be required by law. The City Secretary is further directed to cause all notices, ballots, instructions and other election materials to be provided in both Bnglish and Spanish languages in accordance with the laws of the State of Texas and the United $ta~es of America. Se~on 6. In the event such proposition is authorized at the Election, all mat-rets rehting tn the issuance of such bonds within the terms of the proposition shall be d~termined by the City Council, and such bonds may be issued at one time, or in installments from time to time as it may determine. Likewise, .bonds for different purposes may be issued separately, or combined in single multi-purpos~ issue~, or issued in any other lawful manner, in the discretion of the City Council. ~-tion 7. It is further found and determined that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeti~, as required by the Open Mestin~ Law, Chapter 55 l, Texas Government Code; and that this meeting has bean open to the public ~ required by law at all times during which this Resolution and the subje~ matter thereof has been discussed, considered and formally a~ed upon. The City Council further ratifies, approves and confirms such written noticu and the contents and posting thereof. APPROVBD AND ADOPTED this May 8, 2000. Tom Reid Mayor ATTEST: APPROVED AS TO FORM: bar,in M. Coker City Attorney EXHIBIT A PROPOSITION Shall the City Council of the City of Peartand be authorized to issue bonds of the City in the amount of $20,000;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 da~es and bearing interest at any rate or rates, either fixed, variable or floating, according to any clearly stated formula, calculation or method not excelling the maximum interest rate now or hereafter authorized by law as shall be determined within the discretion of the City Council at ihe gme of issuance, and to levy a tax upon all taxable propeC~y in the City sufficient to pay the inter~ onthe bonds, and to provide a sinking fund for the payment of bonds as they mature, for tho purpose of making permanent public improvements as follows: purchasing, acquiring, constructing, repairing and improving land, facilities and equipment for park and recreation purposes, and all matters necessary or invidental ~hereto? E~m~B Voting for Brazorla County Precincts #12, 26, 28, 29, 21, 36, 40, 46, 47, 5 I, 58, 61 and 62; Harris County Precincts #537 and 0131; and Fort Berd County Precinct #2003 shall bo held at th, following polling place: Melvin Knapp Aotivity Building 2425 S. Grand Boulevard Pearland, Texas 77581 PROPOSITION [BALLOT LANGUAGE] FOR ~ ISSUANCE OF BONDS Th~ proposed issuan~ of $20,000,000 City of Pearland, Texas, Bonds for Parks and P, eoreation purposes, and the levy o£ taxes to provide for ihe payment thereof and int~e, st thereon. AGAINST THE ISSUANCE OF BONDS