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Ord 07-2018 2/13/2018 ORDINANCE NO. 07-2018 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CALLING A BOND ELECTION TO BE HELD WITHIN SAID CITY; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; AND CONTAINING OTHER PROVISIONS INCIDENT AND RELATED TO THE PURPOSE OF THIS ORDINANCE WHEREAS, this City Council of the City of Wichita Falls, Texas (the "City") finds and determines that it is necessary and advisable to call and hold an election (the "Election") within the City on the propositions hereinafter set forth; WHEREAS, the City, acting through the City Clerk (the "Elections Administrator") in accordance with the Code, will provide for the administration of the Election; and WHEREAS, it is hereby officially found and determined that said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551,Texas Government Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,TEXAS: Section 1. Findings. The statements contained in the preamble of this Ordinance are true and correct and are adopted as findings of fact hereby, which findings are conclusive and incontestable. Section 2. Election Date; Polling Places. An election shall be held in the City of Wichita Falls, Texas, between the hours of 7:00 a.m. and 7:00 p.m. on May 5, 2018 ("Election Day"). Election Day voting is to be administered by the Elections Administrator, as provided in the Code. Voting on Election Day shall occur during the hours and at the designated polling places designated as set forth in Exhibit "A" attached hereto, which exhibit shall be modified to include additional or different Election Day polling places required to conform to the Code. Section 3. Early Voting. (a) Early Voting is to be administered by the Elections Administrator as set forth in the Code. Early voting shall be conducted by personal appearance at the locations and during the period early voting is required or permitted by law, being April 23, 2018 through May 1, 2018, on the dates and at the times as set forth in Exhibit"B" attached hereto, which exhibit shall be modified to include additional or different early voting polling places, dates and times required to conform to the Code. (b) Applications for early voting by mail must be received(not postmarked)by April 24, 2018 at the following address: Tracy B. Norr, Early Voting Clerk, 1300 7th Street, Room 104, Wichita Falls, Texas 76301; email:tracnorr wichitafallstx. ov. If application to vote by mail is made by personal delivery, the application must be delivered by the close of business on April 20, 2018. Section 4. Propositions. At the Election, the following propositions shall be submitted in accordance with law: CITY OF WICHITA FALLS,TEXAS PROPOSITION A Shall the City Council of the City of Wichita Falls, Texas, be authorized to issue and sell the bonds of said City, in one or more series or issues, in the aggregate principal amount of$7,340,000, for the purpose of designing, constructing and equipping improvements and additions to City parks, including trails, sports and recreational facilities, parking and related infrastructure, and the acquisition of land and interests in land necessary therefor; with said bonds to be issued in one or more series or issues, to mature serially or otherwise not to exceed 40 years from their date and bear interest at such rate or rates, not to exceed the respective limits prescribed by law at the time of issuance, and to be sold at such price or prices, as the City Council in its discretion shall determine; and shall there be levied and pledged, assessed and collected annually ad valorem taxes on all taxable property in said City in an amount sufficient, within the limits prescribed by law, to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? CITY OF WICHITA FALLS,TEXAS PROPOSITION B Shall the City Council of the City of Wichita Falls, Texas, be authorized to issue and sell the bonds of said City, in one or more series or issues, in the aggregate principal amount of$3,915,000, for the purpose of designing, constructing, rehabilitating and equipping shoreline improvements at Lake Wichita, including a pavilion and boardwalk, veteran's memorial plaza and circle trail improvements, with any remaining bond proceeds to be used for design, construction, rehabilitation and equipment of such other Lake Wichita shoreline improvements as the City Council may determine; with said bonds to be issued in one or more series or issues, to mature serially or otherwise not to exceed 40 years from their date and bear interest at such rate or rates, not to exceed the respective limits prescribed by law at the time of issuance, and to be sold at such price or prices, as the City Council in its discretion shall determine; and shall there be levied and pledged, assessed and collected annually ad valorem taxes on all taxable property in said City in an amount sufficient, within the limits prescribed by law, to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? CITY OF WICHITA FALLS,TEXAS PROPOSITION C Shall the City Council of the City of Wichita Falls, Texas, be authorized to issue and sell the bonds of said City, in one or more series or issues, in the aggregate principal amount of $17,300,000, for the purpose of designing, constructing, improving, extending, expanding, upgrading and developing streets, roads, thoroughfares and related improvements in the City, including the extension of Maplewood Avenue from Lawrence Road to McNiel Avenue and the widening of Taft Boulevard from FM 369 to FM 2380 and construction of related drainage improvements, with any remaining bond proceeds to be used for design, construction, rehabilitation and improvement of such other streets and roads as the City Council may determine; with said bonds to be issued in one or more series or issues, to mature serially or otherwise not to exceed 40 years from their date and bear interest at such rate or rates, not to exceed the respective limits prescribed by law at the time of issuance, and to be sold at such price or prices, as the City Council in its discretion shall determine; and shall there be levied and pledged, assessed and collected annually ad valorem taxes on all taxable property in said City in an amount sufficient, within the limits prescribed by law, to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? CITY OF WICHITA FALLS,TEXAS PROPOSITION D Shall the City Council of the City of Wichita Falls, Texas, be authorized to issue and sell the bonds of said City, in one or more series or issues, in the aggregate principal amount of $77,000,000, for the purpose of designing, constructing and equipping a new Municipal Government Center facility in the downtown area containing administrative and government offices, police department facilities and fire department facilities; with said bonds to be issued in one or more series or issues, to mature serially or otherwise not to exceed 40 years from their date and bear interest at such rate or rates, not to exceed the respective limits prescribed by law at the time of issuance, and to be sold at such price or prices, as the City Council in its discretion shall determine; and shall there be levied and pledged, assessed and collected annually ad valorem taxes on all taxable property in said City in an amount sufficient, within the limits prescribed by law, to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? CITY OF WICHITA FALLS,TEXAS PROPOSITION E Shall the City Council of the City of Wichita Falls, Texas, be authorized to issue and sell the bonds of said City, in one or more series or issues, in the aggregate principal amount of$2,175,000, for the purpose of designing, constructing and equipping renovations and improvements to the Wichita Falls Multi- Purpose Events Center; with said bonds to be issued in one or more series or issues, to mature serially or otherwise not to exceed 40 years from their date and bear interest at such rate or rates, not to exceed the respective limits prescribed by law at the time of issuance, and to be sold at such price or prices, as the City Council in its discretion shall determine; and shall there be levied and pledged, assessed and collected annually ad valorem taxes on all taxable property in said City in an amount sufficient, within the limits prescribed by law, to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? CITY OF WICHITA FALLS,TEXAS PROPOSITION F Shall the City Council of the City of Wichita Falls, Texas, be authorized to issue and sell the bonds of said City, in one or more series or issues, in the aggregate principal amount of$1,450,000,for the purpose of acquiring, equipping and installing rigging, curtains, lighting and a sound system for the auditorium and performance space in the Memorial Auditorium building; with said bonds to be issued in one or more series or issues, to mature serially or otherwise not to exceed 40 years from their date and bear interest at such rate or rates, not to exceed the respective limits prescribed by law at the time of issuance, and to be sold at such price or prices, as the City Council in its discretion shall determine; and shall there be levied and pledged, assessed and collected annually ad valorem taxes on all taxable property in said City in an amount sufficient, within the limits prescribed by law, to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? CITY OF WICHITA FALLS,TEXAS PROPOSITION G Shall the City Council of the City of Wichita Falls, Texas, be authorized to issue and sell the bonds of said City, in one or more series or issues, in the aggregate principal amount of $21,900,000, for the purpose of designing, constructing, installing and equipping street and sidewalk improvements, parking lots, landscaping,pedestrian areas and related beautification improvements in the downtown area, and the acquisition of land and interests in Land necessary therefor; with said bonds to be issued in one or more series or issues, to mature serially or otherwise not to exceed 40 years from their date and bear interest at such rate or rates, not to exceed the respective limits prescribed by law at the time of issuance, and to be sold at such price or prices, as the City Council in its discretion shall determine; and shall there be levied and pledged, assessed and collected annually ad valorem taxes on all taxable property in said City in an amount sufficient, within the limits prescribed by law, to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? Section 5. Official Ballots. 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 which shall be set forth in substantially the following form: CITY OF WICHITA FALLS TEXAS SPECIAL ELECTION CITY OF WICHITA FALLS,TEXAS PROPOSITION A FOR ( ) THE ISSUANCE OF $7,340,000 TAX BONDS BY THE CITY OF WICHITA FALLS, TEXAS FOR IMPROVEMENTS AND ADDITIONS TO AGAINST ( ) CITY PARKS, INCLUDING TRAILS AND SPORTS AND RECREATIONAL FACILITIES AND LEVYING THE TAX IN PAYMENT THEREOF CITY OF WICHITA FALLS,TEXAS SPECIAL ELECTION CITY OF WICHITA FALLS,TEXAS PROPOSITION B FOR ( ) THE ISSUANCE OF $3,915,000 TAX BONDS BY THE CITY OF WICHITA FALLS, TEXAS FOR CONSTRUCTING SHORELINE AGAINST ( ) IMPROVEMENTS AT LAKE WICHITA AND LEVYING THE TAX IN PAYMENT THEREOF CITY OF WICHITA FALLS,TEXAS SPECIAL ELECTION CITY OF WICHITA FALLS,TEXAS PROPOSITION C FOR ( ) THE ISSUANCE OF $17,300,000 TAX BONDS BY THE CITY OF WICHITA FALLS, TEXAS FOR STREET AND ROAD IMPROVEMENTS AGAINST ( ) IN THE CITY AND LEVYING THE TAX IN PAYMENT THEREOF CITY OF WICHITA FALLS,TEXAS SPECIAL ELECTION CITY OF WICHITA FALLS,TEXAS PROPOSITION D FOR ( ) THE ISSUANCE OF $77,000,000 TAX BONDS BY THE CITY OF WICHITA FALLS, TEXAS FOR DESIGN AND CONSTRUCTION OF A AGAINST ( ) NEW MUNICIPAL GOVERNMENT CENTER FACILITY IN THE DOWNTOWN AREA INCLUDING ADMINISTRATIVE AND GOVERNMENTAL OFFICES, POLICE DEPARTMENT FACILITIES AND FIRE DEPARTMENT FACILITIES AND LEVYING THE TAX IN PAYMENT THEREOF CITY OF WICHITA FALLS,TEXAS SPECIAL ELECTION CITY OF WICHITA FALLS,TEXAS PROPOSITION E FOR ( ) THE ISSUANCE OF $2,175,000 TAX BONDS BY THE CITY OF WICHITA FALLS, TEXAS FOR DESIGN, CONSTRUCTION AND AGAINST ( ) EQUIPPING RENOVATIONS AND IMPROVEMENTS TO THE WICHITA FALLS MULTI-PURPOSE EVENTS CENTER AND LEVYING THE TAX IN PAYMENT THEREOF CITY OF WICHITA FALLS TEXAS SPECIAL ELECTION CITY OF WICHITA FALLS,TEXAS PROPOSITION F FOR ( ) THE ISSUANCE OF $1,450,000 TAX BONDS BY THE CITY OF WICHITA FALLS, TEXAS FOR ACQUIRING, EQUIPPING AND AGAINST ( ) INSTALLING RIGGING, CURTAINS, LIGHTING AND A SOUND SYSTEM FOR THE AUDITORIUM AND PERFORMANCE SPACE IN THE MEMORIAL AUDITORIUM BUILDING AND LEVYING THE TAX IN PAYMENT THEREOF CITY OF WICHITA FALLS,TEXAS SPECIAL ELECTION CITY OF WICHITA FALLS,TEXAS PROPOSITION G FOR ( ) THE ISSUANCE OF $21,900,000 TAX BONDS BY THE CITY OF WICHITA FALLS, TEXAS FOR DESIGNING, CONSTRUCTING, AGAINST ( ) INSTALLING AND EQUIPPING STREET AND SIDEWALK IMPROVEMENTS, PARKING LOTS, LANDSCAPING, PEDESTRIAN AREAS AND RELATED BEAUTIFICATION IMPROVEMENTS IN THE DOWNTOWN AREA AND LEVYING THE TAX IN PAYMENT THEREOF Section 6. Persons Qualified to Vote. All resident qualified electors of the City shall be permitted to vote in the Election. Section 7. Notice and Conduct of Election. Proper notice of the Election shall be given and, in all respects, the Election shall be conducted in accordance with the Code. Section 8. Election Officers. That the Elections Administrator, early ballot board, voting judges, voting clerks and all other election officers and officials designated or to be designated pursuant to law are hereby appointed and confirmed to hold the Election at said polling places and all early voting places. The Elections Administrator and the City may employ other personnel necessary for the proper administration of the Election, including such part-time help as is necessary for the Election, to ensure the timely delivery of supplies during early voting and on Election Day. Section 9. Further Procedures. The City Council hereby authorizes and directs the Mayor, City Manager, Assistant City Manager, City Clerk, and all other officers, employees and agents of the City, in consultation with the City Attorney, if necessary, to do and perform all such acts and to execute, acknowledge and deliver in the name and on behalf of the City, such documents, agreements, certificates and other instruments, whether or not mentioned in this Ordinance, as may be necessary or desirable in order to carry out the terms,provisions and actions provided for in this Ordinance. Section 10. Required Information. 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 5 hereof. (b) The purpose for which the bonds are to be authorized is set forth in Section 4 hereof. (c) The principal amount of the bonds to be authorized is set forth in Sections 4 and 5 hereof. (d) As set forth in Sections 4 and 5 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, within the limits prescribed by law, to pay the annual principal of and interest on the bonds and provide a sinking fund to pay the bonds at maturity. (e) Based upon the bond market conditions at the date of adoption of this Ordinance, the maximum interest rate for any series of the bonds is estimated to be 4.5% 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 4 hereof, if the bonds are approved, they may be issued in one or more series over a period not to exceed 40 years from the date of issuance of each series of bonds. (g) The aggregate amount of the outstanding principal of the City's debt obligations which are secured by ad valorem taxes as of the beginning of the City's 2017-2018 fiscal year is $88,930,000.00. (h) The aggregate amount of the outstanding interest of the City's debt obligations which are secured by ad valorem taxes as of the beginning of the City's 2017-2018 fiscal year is $23,955,754.88. (i) The ad valorem debt service tax rate for the City for the 2017-2018 fiscal year is $0.0182 per $100 of taxable assessed valuation. Section 11. Effective Date. This Ordinance shall be in full force and effect from and after its passage and it is accordingly so ordered. FALLS, TEXAS,this 13"' day of FEBRUARY, 2018. Wa' PASSED AND APPROVED BY THE CrrY COUNCIL OF THE CITY OF WICIHTA ATTEST: City ler [SEAL] APPROVED TO FORM: City Att Exhibit"A" Election Day Voting Locations and Hours Saturday, May 5, 2018 -7:00 AM to 7:00 PM County Precinct# Location 201, 202, 203, 207, 208, 307, 310, 313, 315, 317 City View High School, 1023 City View Drive, Wichita Falls, Texas 103, 403,406,410, 411 Fowler Elementary School, 5100 Ridgecrest, Wichita Falls, Texas 102, 104, 105, 110, 111, 112, 402 MSU Hardin Admin, 3410 Taft, Wichita Falls, Texas 108, 109, 113, 114, 318, 319 Texas Highway Dept., 1601 SW Parkway, Wichita Falls, Texas 302, 305, 308, 314, 316, Crockett Elementary School, 401, 404,405,407, 408,409 3015 Ave. I, Wichita Falls, Texas 211, 301, 303, 304, 306, 311, 312 Booker T. Washington Elementary School, 1300 Harding, Wichita Falls, Texas Exhibit"B" Early Voting Locations and Hours Memorial Auditorium, 1300 7th Street Wichita Falls, Texas Monday, April 23, 2018-Friday,April 27, 2018 8:00 AM- 5:00 PM Monday, April 30, 2018 -Tuesday, May 1, 2018 7:00 AM -7:00 PM Sikes Senter Mall, 3111 Midwestern Parkway Wichita Falls, Texas Monday, April 23, 2018-Friday,April 27, 2018 10:00 AM -7:00 PM Monday, April 30, 2018 -Tuesday, May 1, 2018 9:00 AM - 9:00 PM Home Depot, 3705 Kell Blvd. Wichita Falls, Texas Monday, April 23, 2018-Friday, April 27, 2018 10:00 AM -7:00 PM Monday, April 30, 2018 -Tuesday, May 1, 2018. 9:00 AM - 9:00 PM Exhibit"A"&Exhibit`B"