Resolution 94-11
RESOLUTION NO. qi' ( (
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, CALLING AN ELECfION TO BE HELD ON JULY 16, 1994, FOR
THE PURPOSE OF PRESENTING A PROPOSITION TO THE QUALIFIED
VOTERS OF THE CITY OF WYLIE CONCERNING ISSUANCE OF
GENERAL OBLIGATION BONDS OF THE CITY; DESIGNATING
ELECI10N PRECINCTS AND DESIGNATING POLLING PLACES WITHIN
SAID CITY; PROVIDING FOR THE APPOINTMENT OF PRESIDING
ELECTION JUDGES AND ALTERNATE PRESIDING ELECTING JUDGES;
ESTABLISHING OTHER PROCEDURES FOR THE CONDUCT OF THE
ELECI10N: PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Wylie, Texas (OTY) bas authority to issued general obligation
bonds as well as revenue bonds under its City Charter, the Texas State Constitution, and various
provisions of Vernon's Texas Civil Statutes, if such issuance is first approved by a majority of
the votes cast at an election considering such issuance; and ,
WHEREAS, Section 8. E of Article VII of the City Charter requires that when any such
proposition for issuance of bonded indebtedness of the City is considered, the question of
whether or not a tax shall be levied upon the property in the City for the purpose of paying the
interest on the bonds and to create a sinking fund for their redemption; and,
WHEREAS, by this Resolution, it is the intention of the City Council to: (i)
call for said bond election to be held on a "non-uniform election date", (ii) designate the election
precincts, (ill) designate polling places for the election, (iv) provide for appointment of the
necessary election officers, (v) establish and set forth procedures for conducting the election, and
(vi) establish a date for canvassing the returns of said election.
NOW, THEREFORE, BE IT RESOL YED BY THE CITY COUNCll.. OF THE CITY
OF WYLIE, TEXAS:
Section 1. IncoqK>ration of Premises. That all of the above premises are found to be true
and correct and are incorporated into the body of this Resolution as if copied in their entirety.
Section 2. Election Date. Pw:pose of Election: That an election shall be held in and
throughout the City of Wylie on Saturday, July 16, 1994, for the purpose of presenting
substantially the following general propositions (or a combination of propositions within said
limits) to the qualified voters of the City of Wylie for consideration:
No.1: .Shall the City be authorized to create an indebtedness of the City
by issuing general obligation bonds of the City, in an amount not to exceed $
3,000,000.00, for the construction and improvements of streets, alleys, and other
permanent public improvements, and levy a tax upon property in the City for the
purpose of paying the interest on the bonds and to create a sinking fund for their
redemption?
No.2: "Shall the City be authorized to create an indebtedness of the City
by issuing revenue bonds of the City, in an amount not to exceed $ 4,000,000.00,
for the construction and improvements of sewer and water utilities, the interest
and principal repayment thereon to be paid from the revenues of the sewer and
water systems of the City of Wylie?"
Section 3. Election Precincts: Pollin~ Places: Election Hours. The polling location for
precinct 25 shall be the Southfork Mobile Home Park Clubhouse, 210 Southfork Boulevard. The
polling location for precincts 27, 83, and 56 shall be the First United Methodist Church, 109 W.
Jefferson, Wylie, Texas.
Section 4. Appointment of Presidin~ Election Jud~es and an Alternate Presidin~ Election
Judies: Qualifications to Serve as Election Jud~e: Confirmation of Appointment: Notice of
Awointment. The City Council shall, in accordance with the Texas Election Code, appoint
Presiding Election Judges and Alternate Presiding Election Judges not later than May 31, 1994.
The City Secretary shall, in accordance with Section 32.009 of the Code, deliver to the Presiding
Judges and the Alternate Presiding Judges notice of their appointments not later than twenty (20)
days from the date of appointment.
Section 5. Appointment of Clerks. The Presiding Judges upon appointment shall each
appoint not less than two (2) nor more than eight (8) qualified election clerks to serve and assist
in the conduct of the election, provided, however, that if the Presiding Judges named actually
serve as expected, the Alternate Presiding Judges shall each be one of such clerks. All election
clerks shall be qualified voters of the City.
Section 6. Compensation of Election Jud~es and Election Clerks. The Presiding Election
Judges, Alternate Presiding Judges and each Election Clerk shall be compensated at the rate of
$6.00 per hour in accordance with Section 32.091 of the Code. The Presiding Election Judges
shall each also be paid the additional sum of $25.00 for delivering the returns of the election.
Such payments shall not exceed the maximum amounts set forth in Sections 32.091 and 32.092
of the Code.
Section 7. Method of Votini: Election Materials. The City Secretary is hereby
authorized and instructed to provide and furnish all necessary election supplies to conduct the
election. Voting at the election shall be by use of paper ballots to be manually tabulated.
Preparation of the official ballots for the election shall conform to the requirements of the Code,
and shall permit the voters to vote in favor of or in opposition to the proposition as substantially
stated herein. Each elector shall indicate hislher vote in the space provided beside the statement
which represents his vote "FOR. or "AGAINST" each proposition proposed provided, however,
that no elector shall vote both "FOR. and "AGAINST- any proposition on the ballot.
Section 8. Govemini Law: QJIalified Voters. The election sball be held in accordance
with the Constimtion of the State of Texas, the Texas Election Code, the City Charter, The
Texas Tax Code, and all other applicable state law. Resident, qualified electors of the City sba11
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be eligible to vote at the election. In addition, the election materials enumerated in the Code
shall be printed in both English and Spanish for use at each polling place and for early voting
for the election.
Section 9. Publication and Postin2 of Notice. Notice of the election shall be given by
posting a notice of election in both English and Spanish at the City Hall at the Bulletin Board
used for posting notices of the meetings of the City Council, at each polling place and one (1)
other public place within the City not less than twenty-one (21) days prior to the date upon which
the election is to be held, and by publication of said notice at least once in a newspaper of
general circulation published within the City, the date of said publication to be not less than ten
(10) days nor more than thirty (30) days prior to the date set for the election.
In addition thereto, a copy of the notice shall also be filed with the City Secretary at least
twenty-one (21) days before the election. Upon publication of the election notice, the City
Secretary shall secure a publisher's affidavit which complies with the requirements of the Code.
Section 10. F~rly Votin2. Early voting by personal appearance shall be conducted by
the City Secretary, who is hereby appointed the Early Voting Clerk, at the office of the City
Secretary located at City Hall, 2000 Hwy. 78 North, Wylie, Texas. During the early voting
period prescribed by the Code, the Early Voting Clerk shall keep said office open for early
voting by personal appearance during the regular business hours of the City of Wylie Monday
through Friday except on official holidays. Such hours shall be from 8:00 A.M. to 5:00 P.M.
commencing on Monday, June 27, 1994 and terminating on Tuesday, July 12, 1994. Early
voting on a Samrday or Sunday, if any, shall be conducted in accordance with the requirements
of the Code.
Applications for early voting by mail shall be delivered to the Early Voting Clerk at the
same address not earlier than May 18, 1994, and not later than the close of business on Friday,
July 8, 1994.
Early voting, both by personal appearance and by mail, shall be by paper ballots to be
manually tabulated, which ballots shall conform to the requirements of the Code and in so doing,
shall permit the voters to vote "FOR" or "AGAINST" each proposition. Each elector shaD
indicate hislher vote in the space of hislher choice provided, however, that no elector shall vote
both -FOR" and "AGAINST" any proposition on the ballot. The early ballots shall be canvassed
by Early Voting Ballot Board, which is hereby created. The Presiding Election Judge and the
Alternate Presiding Election Judge appointed for precincts 83, 27, and 56 shall serve as the
presiding officer and the alternate presiding officer, respectively, of the Early Voting Ballot
Board. The other election officers serving at the First United Methodist Church Polling Place
shall serve as the ~ members of the Early Voting Ballot Board for the election.
Section 11. Tabulation of Retmns. Ballots shall be tabulated at the Central Counting
Station hereby desi~ted as the FU'St United Methodist Church located at 109 W. Jefferson,
Wylie, Texas. The Presiding eJection Judge and the Alternate Presiding Election Judge for the
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First United Methodist Church polling place shall serve as the Presiding Judge and Alternate
Presiding Judge of the Central Counting Station. The other election officers serving, at said
polling place shall serve as the Counting Station Clerks for the election.
Section 12. DeliveIy of Returns: Preservation of Election records. In accordance with
the Code, immediately after the closing of the poll of the day of the election in triplicate as
follows: one copy shall be retained by the Presiding Election Judge, one copy sball be delivered
to the Mayor of the City, and one copy of the returns, together with the ballot boxes and all
election supplies, shall be delivered to the City Secretary. All election records and supplies shall
be preserved by the City Secretary in accordance with the Code.
Section 13. C-3nV3~ani of Returns. The City Council of the City shall convene on
July 19, 1994, at 7:00 P.M. to canvass the returns of the election.
Section 14. Nec~'Y Actions. The Mayor and the City Secretary of the City, in
consultation with the City Attorney, are hereby authorized and directed to take any and all
actions necessary to comply with the provisions of the Code in carrying out and conducting the
election, whether or not expressly authorized herein.
Section 15. Effective Date. This Resolution shall be in force and effect immediately
upon its passage by a majority vote of the Wylie City Council.
DULY PASSED AND APPROVED BY THE CITY COUNcn. OF THE CITY OF
WYLIE, TEXAS, this the 10th day of May, 1994.
.f .;t(4"Jj iJ.
James D. Swartz
"Mayor
.,
J~
ATTEST:
. ~
J.bry~~/d-llW
City Secretary
(By , Deputy)
(SEAL)
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