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Resolution 94-36 RESOLUTION NO. (-14 . "'" 3 (-p A RESOLUTION ORDERING A BOND ELECTION TO BE HELD IN THE CITY OF WYLIE, TEXAS, ON FEBRUARY 18, 1995, MAKING PROVISION FOR THE CONDUCT OF THE ELECTION AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION. WHEREAS, Section 41.001 of the Texas Election Code, as amended (the "Code") specifies that the an election for the issuance or assumption of bonds is exempt from uniform election date requirements; and WHEREAS, the City Council of the City of Wylie, Texas hereby finds that an election should be held to determine whether said governing body shall be authorized to issue bonds of said City in the amounts and for the purposes hereinafter identified; WHEREAS, by this Resolution, it is the intention of the City Council to: (i) call for said general election to be held on said date, (ii) designate the election precincts, (iii) 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 RESOLVED, by the City Council of the City of Wylie that: SECTION 1. An election shall be held on the 18th day of February, 1995, in the City of Wylie, Texas, which date is not less than fifteen (15) nor more than ninety (90) days from the date of the adoption hereof and the holding of the election on such date rather than on a uniform election date is hereby found to be in the public interest. At such election, the following measures shall be submitted: PROPOSITION NUMBER 1 "SHALL the City Council of the City of Wylie, Texas, be authorized to issue general obligation bonds of the City in the principal amount of $3,000,000 for permanent public improvements and public purposes, to wit: street improvements including drainage, curbs, gutters and alleys; such bonds to mature serially or otherwise over a period not to exceed FORTY (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in the City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity?" PROPOSITION NUMBER 2 "SHALL the City Council of the City of Wylie, Texas, be authorized to issue general obligation bonds of the City in the principal amount of $4,000,000 for extensions and improvements to the City's water and sewer system including but not limited to an elevated water tower and appurtenant facilities; such bonds to mature serially or otherwise over a period not to exceed FORTY (40) years from their date, to be issued and sold in one or more series at any price or prices and to bear interest at any rate or rates (fixed, floating, variable or otherwise) as shall be determined within the discretion of the City Council at the time of issuance or sale of the bonds; and whether ad valorem taxes shall be levied upon all taxable property in eh City sufficient to pay the annual interest and provide a sinking fund to pay the bonds to maturity?" SECTION 2. ELECTION PRECINCTS: POLLING PLACES: ELECTION HOURS. The polling location for precinct 25 shall be the Southfork Mobile home Park Clubhouse, 210 Southfork Boulevard, Wylie, Texas. The polling location for Collin County Voting Precinct Numbers 27, 56, and 83, and Dallas County Voting Precinct Number 2203 and Rockwall County Voting Precinct Number 1 A shall be the Wylie United Methodist Church, 109 W. Jefferson, Wylie, Texas. SECTION 3. APPOINTMENT OF PRESIDING ELECTION JUDGES AND AN AL TERNA TE PRESIDING ELECTION JUDGES: aUALlFICA TIONS TO SERVE AS ELECTION JUDGE: CONFIRMATION OF APPOINTMENT: NOTICE OF APPOINTMENT. The City Council shall, in accordance with the Texas Election Code. appoint pres. idin~lection Judges and Alternate Presiding Election Judges not later than January 10. 19 4 The City Secretary shall, in accordance with Section 32.009 of the Code. deliver to e Presiding Judges and the Alternate Presiding Judges notice of their appointments not later than twenty (20) days from the date of appointment and shall serve notice of duty to hold election not later than (15) days prior to election date. SECTION 4. 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 serves as expected, the Alternate Presiding Judges shall each be one of such clerks. All election clerks shall be qualified voters of the City. SECTION 5. COMPENSATION OF ELECTION JUDGES 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 6 METHOD OF VOTING: ELECTION MATERIALS. The City Secretary is hereby authorized and instructed to provide and furnish all necessary election supplies I 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 each proposition, provided, however, that no elector shall both in favor of and in opposition to a proposition. SECTION 7. GOVERNING LAW: QUALIFIED VOTERS. The election shall be held in accordance with the Constitution of the State of Texas, the Texas Election Code, the City Charter, and all resident, qualified electors of the City shall 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 the polling place and for early voting for the election. SECTION 8. PUBLICATION AND POSTING 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 9. EARLY VOTING. Early voting by personal appearance shall be conducted by the City Secretary, who is hereby appointed the Early Voting Clerk, or by Deputy Early Voting Clerks as appointed by the City Secretary. Voting will take place at the office of the City Secretary located at City Hall, 2000 Hwy. 78 North, Wylie, Texas. For the period early voting for the election is permitted by law: the Early Voting Clerk shall keep said office open for early voting by personal appearance during regular hours on Monday through Friday except official State or City holidays: which hours shall be from 8:00 A.M. to 5:00 P.M. commencing on January 30, 1995 and terminating on Tuesday: February 14 1995. Early voting at the primary early voting polling place on a Saturday or Sunday if any: shall be conducted in accordance with the requirements of the Code. Temporary branch early voting shall be conducted at the following locations on the following dates and during the following hours: LOCA TION/ADDRESS DATE I-()l.RS All resident qualified voters of the City of Wylie shall be permitted to vote early at any of the branch early voting polling places in accordance with Section 85.062 of the Code. Q Applications for early voting by mail shall be delivered to the Early Voting Clerk at the same address not earlier than MaCCh S, 1 C)~, and not later than the close of business on Ap,;1 29 if the application is delivered by mail and not later than j'.~ril 1 S, 1994 if the application is delivered in person. 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 in favor of or in opposition to the measures established herein provided that no elector shall vote both in favor of and in opposition to any single measure. The early ballots shall be counted by Early Voting Ballot Board, which is hereby created. The Presiding Election Judge and the Alternate Presiding Election Judge appointed for Collin County Voting Precinct Numbers 27, 56, and 83, and Dallas County Voting Precinct Number 2203 and Rockwall County Voting Precinct Number 1A 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 other members of the Early Voting Ballot Board for the election. SECTION 10. TABULATION OF RETURNS. Ballots shal! be tabulated at the Central Counting Station which is hereby designated as the First United Methodist Church located at 109 W. Jefferson, Wylie, Texas. The Presiding election Judge and the Alternate Presiding Election Judge for the 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 11. DELIVERY OF RETURNS: PRESERVATION OF ELECTION RECORDS. In accordance with the Code, immediately after the closing of the poll of the day of the election returns shall be delivered in triplicate as follows: one copy shall be retained by the Presiding Election Judge, one copy shall 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 12. CANVASSING OF RETURNS. The City Council of the City shall convene as the canvassing authority on February 21, 1995, at 7:00 P.M. to canvass the returns of the election. SECTION 13. NECESSARY 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 14. EFFECTIVE DATE. This Ordinance shall be in force and effect from and after its passage and it is accordingly so ordered. P1~4/~ Attest DULY PASSED AND APPROVED on this the 13th day of December, 1994. /7 !a I [ I / ) J i i I ' ! -y?' /~--~~ jApproved L/ ,jMayor, City of Wylie, Texas City Secretary, City of Wylie, Texas