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15-GENERAL MUNICIPAL ELECTIONItem No. 15 nzeyno�andum TO: Mayor & City Council John Godwin, City Manager FROM: Janice Ellis, City Clerk SUBJECT: GENERAL MUNICIPAL ELECTION DATE: February 18, 2013 BACKGROLTND: City Council adopted Resolution 2012-007 on February 11, 2013, which called a bond election and designated polling places for the May 11, 2013 election. STATUS OF ISSUE: On February 15, 2013, the city clerk was informed by the county elections administrator that one of the election day polling places would need to relocated from one building at the Fairgrounds (Westside Building) to another building at the Fairgrounds (the Event Center) on election day. BUDGET: Not applicable. RECOMMENDATION: Approve a Resolution amending Resolution No. 2013-007, allowing for the relocation of one polling place. ��� 83 RESOLUTION NO. A RESOLUTION AMENDING AND RESTATING 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, by adoption of Resolution 2013-007, this City Council of the City of Paris, Texas (the "City") has found and determined that it is necessary and advisable to call and hold an election within the City on the proposition hereinafter set forth for the purpose of seeking voter approval to issue bonds; and WHEREAS, following the adoption of said Resolution 2013-007, the City was notified by Lamar County Election Administration of the need to relocate the election day polling site for voters voting in said election at the Red River Valley Fairgrounds from one building at the Fairgrounds to another one, which change shall be a permanent change in that polling location for the May 1 l, 2013 and future City elections, and it is therefore necessary for the City Council to amend and modify Resolution 2013-007 to effect such change; and WHEREAS, for convenience and comprehensiveness of reference Resolution 2013-007, as amended hereby, shall be restated in its entirety herein, provided, however, that except as modified hereby, Resolution 2013-007 shall remain in effect from the date of adoption thereof; and WHEREAS, the bonds to be submitted to the voters at said election will fund improvements for the City's water and sewer system (the "System"), as hereinafter set forth; and WHEREAS, City bonds issued for System improvements have paid off in 2012 and additional System debt is scheduled to pay off in 2014 and 2020, thereby creating capacity in the System rate structure for additional debt for System improvements; and WHEREAS, as permitted by State law, and provided current circumstances and expectations regarding the finances of the System are not materially different in the future, the ., City Council expects to pay bonds approved at the election with revenues of the System, instead of levying taxes, and, further, given such circumstances and expectations, the City Council anticipates that the bonds hereby submitted to the voters may be paid without an increase in System rates, although costs of operating the System and other factors could require periodic increases in rates; and WHEREAS, the election shall be administered by the Lamar County Elections Administrator in accordance with the provisions of the Texas Election Code (the "Code"), the Charter of the City of Paris, the Election Contract with the County of Lamar, and as provided in the Charter of the City of Paris and the laws of the State of Texas; and WHEREAS, the City accepts Lamar County Election Administration's use of the Election Systems & Software direct recording electronic voting systems, which have been certified by the Secretary of State in accordance with the Texas Election Code and approved by the United States Department of Justice. 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 the second Saturday in May, 2013, the same being May 11, 2013, between the hours of 7:00 a.m. and 7:00 p.m., at which election the following proposition shall be submitted in accordance with law: PROPOSITION Shall the City Council of the City of Paris be authorized to issue the bonds of the City, in one or more series or issues, in the aggregate principal amount of $45,000,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed 40 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 and acquiring improvements and equipping the City's waterworks and sewer system, to-wit: for replacing and extending water distribution lines and sewer collection lines and constructing repairs to streets and drainage infrastructure necessitated by such water and sewer line construction, 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 PROPOSITION, with the ballots to contain such provisions, markings and language as required by law, and with such PROPOSITIONS to be expressed substantially as follows: 85 PROPOSITION ) FOR ) THE ISSUANCE OF $45,000,000 TAX BONDS FOR ) REPLACING AND EXTENDING WATER AND AGAINST ) SEWER LINES AND MAKING REPAIRS TO ) STREETS AND DRAINAGE INFRASTRUCTURE ) NECESSITATED BY SUCH CONSTRUCTION. ) 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 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 11, 2013 shall be conducted at the polling places for the City Council districts as follows: City Council District Places: Voting Location: Council Places 3, 4, 5, 6 and 7 Lamar County Courthouse Annex Old County Courtroom 231 Lamar Avenue Paris, Texas Council Places 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 Election Judges and Alternate Judges for the election: : i� Voting Location: Judge and Alternate Judge: Lamar County Courthouse Annex Old County Courtroom Bob Burke, Election Judge 231 Lamar Avenue Jack Stubblefield, Alternate Judge Paris, Texas Red River Valley Fairgrounds Event Center Thelma Dangerfield, Election Judge 1875 Fitzhugh Street Paula Henderson, Alternate Judge Paris, Texas 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 Mr. Russell Towers 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 29, 2013 through May 7, 2013, except no early voting will be held on Saturdays, Sundays and legal state holidays during that period. On April 29, 2013 and April 30, 2013, the hours designated for early voting by personal appearance shall be from 8 a.m. to 8 p.m. On May 1, 2, 3, 6 and 7, 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 Russell Towers. Section 9. Notice of the election shall be given for the time and in the manner provided and prescribed by the Texas Election Code and in accordance with the Charter and Ordinances of the City. A notice of the election shall be prepared, and among other information that may be included, said notice shall include the ballot provision to be submitted to the voters, and shall contain a listing of the location of each election day and early voting polling place for the election, the City Districts served by each polling place and the dates and hours that election day and early voting will be conducted. Notice of the election shall be given by posting the notice in both English and Spanish on the bulletin board in the City Hall of the City that is used for posting notices of ineetings of the City Council, and at three (3) other places in said City not later than the 21 st day before election day; and such notice 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 said 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. Section 10. Russell Towers is hereby appointed to serve on the date of the election as the presiding judge of a three (3) member Early Voting Ballot Board, 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 11, 2013 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. 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 14. This Resolution shall be effective immediately from and after its passage. PASSED AND APPROVED this 25th day of February, 2013. ATTEST: Janice Ellis City Clerk APPROVED AS TO FORM: W. Kent McIlyar City Attorney : :� A.J. Hashmi, M.D. Mayor