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2017-012 - Calling a special bond election for May 6, 2017RESOLUTION NO. 2017- Q 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, CALLING A BOND ELECTION IN THE CITY OF PARIS, TEXAS; ESTABLISHING THE DATE OF THE ELECTION; PROVIDING FOR EARLY VOTING; DESIGNATING POLLING PLACES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR NOTICE OF THE ELECTION; AUTHORIZING AN AGREEMENT WITH THE LAMAR COUNTY ELECTIONS ADMINISTRATOR FOR ELECTION SERVICES; APPOINTING AN EARLY VOTING BALLOT BOARD; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED COMPLIED WITH THE TEXAS OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, this City Council of the City of Paris, Texas, Texas (the "City ") deems it advisable to call the election hereinafter ordered; and WHEREAS, it is hereby officially found and determined that holding the hereinafter called election on the date set forth below is in the public interest; and that the meeting was open to the public, and public notice of the time, place and purpose of the meeting was given, all as required by Chapter 551, Texas Government Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved and adopted. Section 2. An election be called for and held on May 6, 2017, between the hours of 7:00 a.m. and 7:00 p.m., at which election the following PROPOSITIONS shall be submitted in accordance with law: PROPOSITION NO. 1 Shall the City Council of the City of Paris, Texas, be authorized to issue the bonds of the City, in one or more series or issues, in the aggregate principal amount of $9,500,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed 20 years from their date, and to be sold at such prices and bear interest at such rates as shall be determined within the discretion of the City Council, for the purpose of constructing, improving, extending, expanding, upgrading and developing streets and roads, bridges and intersections including, utility relocation, landscaping, sidewalks, traffic safety and operational improvements, the purchase of any necessary right -of -way, drainage and other related costs, and shall the City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on the bonds and provide a sinking fund to pay the bonds at maturity? PROPOSITION NO. 2 Shall the City Council of the City of Paris, Texas, be authorized to issue the bonds of the City, in one or more series or issues, in the aggregate principal amount of $500,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed 20 years from their date, and to be sold at such prices and bear interest at such rates as shall be determined within the discretion of the City Council, for the purpose of improving and equipping parks, trails and recreational facilities, and shall the City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on the bonds and provide a sinking fund to pay the bonds at maturity? Section 3. The official ballots for the election shall be prepared in accordance with the Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITIONS, with the ballots to contain such provisions, markings and language as required by law, and with such PROPOSITIONS to be expressed substantially as follows: PROPOSITION NO. 1 FOR ) THE ISSUANCE OF $9,500,000 TAX BONDS FOR AGAINST ) STREET AND ROAD IMPROVEMENTS AND 1 RELATED INFRASTRUCTURE. PROPOSITION NO.2 FOR ) THE ISSUANCE OF $500,000 TAX BONDS FOR AGAINST ) PARK IMPROVEMENTS AND PARK EQUIPMENT. Section 4. All persons legally qualified to vote according to the laws of the State of Texas and the Charter of the City of Paris, Texas, shall be entitled to vote in the election. Section 5. The election shall be held and conducted and the returns thereof made in accordance with the Texas Election Code, the Charter of the City of Paris, Texas, and all other applicable statutes of the State of Texas and ordinances and resolutions of the City of Paris, Texas. The election materials enumerated in Sections 272.001, et seq., Texas Election Code, shall be printed and furnished in both English and Spanish for use at each polling place on election day and for early voting. Section 6. Voting in the election on May 6, 2017 shall be conducted for all voters at the following polling places: Voting Locations: Districts 3, 4, 5, 6 and 7 Lamar County Courthouse Annex Old County Courtroom 231 Lamar Avenue Paris, Texas Districts 1 and 2 Red River Valley Fairgrounds Event Center 1875 Fitzhugh Street Paris, Texas Section 7. The following persons are hereby appointed and named as the election officers for the election: Judges and Alternate Judges: Lamar County Courthouse Annex Dorothy Ritchey, Election Judge Eva Easley, Alternate Judge Red River Valley Fairgrounds Thelma Dangerfield, Election Judge Paula Henderson, Alternate Judge Section 8. Early voting shall be conducted by personal appearance and by mail at: Location to Vote In Person Address to Request Ballot by Mail Lamar County Courthouse Annex Tricia Johnson Old County Courtroom Lamar County Elections Administrator 231 Lamar Avenue 231 Lamar Avenue Paris, Texas Paris, Texas 75460 The early voting period for the election is April 24, 2017 through May 2, 2017, except no early voting will be held on Saturdays, Sundays and legal state holidays during that period. On April 24, 2017 and April 25, 2017, the hours designated for early voting by personal appearance shall be from 8 a.m. to 8 p.m. On all other days of early voting, the hours designated for early voting by personal appearance shall be from 8 a.m. to 5 p.m. The Early Voting Clerk shall keep said early voting place open during such hours for early voting, by personal appearance. The Early Voting Clerk for the election shall be Tricia Johnson. Section 9. In accordance with provisions of the Texas Election Code, this resolution calling the election (the "Resolution "), as it may be modified in a manner that is consistent with the election notice requirements applicable to the election, shall serve as proper notice of the election (the "Notice of Election "). The Council hereby directs the City Clerk to post and publish the Notice of Election and the Resolution as follows: (a) The Notice of Election shall be published in both English and Spanish on the same day in each of two (2) successive weeks in a newspaper of general circulation in the City, the date of the first publication to be not more than thirty (30) or less than fourteen (14) days prior to the date set for the Election; (b) The Resolution shall be posted on the bulletin board used for posting notices of meetings of the City Council, and at three other places in the City, not later than the twenty -first (21 st) day prior to the date set for the Election; (c) The Resolution shall be posted on election day and during early voting by personal appearance, in a prominent location at each polling place; and (d) The Resolution shall be posted during the 21 days before the date of the election, on the City's Internet website. Section 10. Tricia Johnson is hereby appointed to serve on the date of the election as the presiding judge of a three (3) member Early Voting Ballot City Council, the other two members of which are to be appointed by said judge in accordance with the provisions of Chapter 87 of the Texas Election Code, as amended. Section 11. The City Manager or the Mayor is hereby authorized and directed to execute an agreement with the Lamar County Elections Administrator, as approved by the City Attorney, to allow the Lamar County Elections Administrator to provide services in regards to the May 7, 2017 election. Section 12. In all respects, the election shall be conducted in accordance with the Code. Pursuant to the federal Help America Vote Act ( "HAVA ") and the Code, at each polling place there shall be at least one voting system that is equipped for disabled individuals, and each such voting system shall be a system that has been certified by the Texas Secretary of State as compliant with HAVA and the Code. Section 13. In accordance with the provisions of Section 3.009(b), Texas Election Code, it is hereby found and determined that: (a) The proposition language that will appear on the ballot is set forth in Section 3 hereof. (b) The purposes for which the bonds are to be authorized are set forth in Section 2 hereof. (c) The principal amount of the debt obligations to be authorized is set forth in Sections 2 and 3 hereof. (d) As set forth in Sections 2 and 3 hereof, if the bonds are approved by the voters, the City Council will be authorized to levy annual ad valorem taxes, on all taxable property in the City, sufficient, without limit as to rate or amount, to pay the principal of and interest on the bonds and the cost of any credit agreements executed in connection with the bonds. (e) Based upon the bond market conditions at the date of adoption of this resolution, the maximum interest rate for any series of the bonds is estimated to be 4% as calculated in accordance with applicable law. Such estimate takes into account a number of factors, including the issuance schedule, maturity schedule and the expected bond ratings of the proposed bonds. Such estimated maximum interest rate is provided as a matter of information, but is not a limitation on the interest rate at which the bonds, or any series thereof, may be sold. (f) As set forth in Section 2 hereof, if the bonds are approved, they may be issued in one or more series, to mature serially, over a period not to exceed 20 years. (g) The aggregate amount of the outstanding principal of the City's debt obligations as defined in Section 3.009, Texas Election Code (all of which are secured by a limited tax levied for debt service purposes), as of the beginning of the City's 2016 -17 fiscal year is $43,215,000. (h) The aggregate amount of the outstanding interest of the City's debt obligations as defined in Section 3.009, Texas Election Code (all of which are secured by a limited tax levied for debt service purposes), as of the beginning of the City's 2016 -17 fiscal year is $16,180,890.13. (i) The ad valorem debt service tax rate for the City for the 2016 -17 fiscal year is $0.07752 per $100 of taxable assessed valuation. Section 14. The meeting at which this Resolution was passed was conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code Chapter 551. Section 15. This Resolution shall be effective immediately from and after its passage. PASSED AND APPROVED this 13th day of February, 2017. A. J. �C Mayor APPROVED AS TO FORM: ilh I wIll Sie H. Harris orney CERTIFICATE REGARDING ADOPTION OF A RESOLUTION THE STATE OF TEXAS LAMAR COUNTY CITY OF PARIS I, the undersigned City Clerk of the City of Paris, Texas, hereby certify as follows: 1. The City Council convened in a REGULAR MEETING ON THE 13TH DAY OF FEBRUARY, 2017, at the regular designated meeting place, and the roll was called of the duly constituted officers and members of the Council, to wit: Dr. Arjumand Hashmi, Mayor Aaron Jenkins, Councilmember District 1 Billie Sue Lancaster, Councilmember District 2 and Mayor Pro -tem Bill Trenado, Councilmember District 3 Dr. Steve Clifford, Councilmember District 4 Matt Freirson, Councilmember District 5 Cleonne Holmes Drake, Councilmember District 6 Janice Ellis, City Clerk and all of the persons were present, except the following absentee: , thus constituting a quorum. Whereupon, among other business, the following was transacted at the Meeting: a written RESOLUTION CALLING A BOND ELECTION AND PROVIDING NOTICE OF THE ELECTION was duly introduced for the consideration of the Council. It was then duly moved and seconded that the Resolution be passed; and, after due discussion, the motion, carrying with it the passage of the Resolution, prevailed and carried by the following vote: AYES: All members of the Council shown present above voted "Aye," except as provided below: NOES: 12 2. A true, full and correct copy of the aforesaid Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that the Resolution has been duly recorded in the Board's minutes of the Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from the Board's minutes of the Meeting pertaining to the passage of the Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of the Council as indicated therein; that each of the officers and members of the Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that the Resolution would be introduced and considered for passage at the Meeting, and each of the officers and members consented, in advance, to the holding of the Meeting for such purpose; that the Meeting was open to the public and public notice of the time, place and purpose of the Meeting as given, all as required by Chapter 551, Government Code. SIGNED this, the 13th day of February, 2017 CITY G City Clerk