Ord 105-2000 10/3/2000ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, CALLING A SPECIAL ELECTION FOR THE
ISSUANCE OF BONDS FOR THE ACQUISITION AND
CONSTRUCTION OF IMPROVEMENTS TO THE MULTI - PURPOSE
EVENTS CENTER FOR THE COLISEUM PROJECT; ESTABLISHING
PROCEDURES FOR HOLDING THE ELECTION; DESIGNATING THE
PRECINCTS AND POLLING PLACES AND APPOINTING CERTAIN
OFFICERS TO CONDUCT THE ELECTION; PROVIDING FOR
SEVERABILITY; PROVIDING AN EMERGENCY; PROVIDING AN
EFFECTIVE DATE; AND FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN
TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City Council of the City of Wichita Falls, Texas (the "City ")
deems it necessary and desirable to call an election as hereinafter described; and
WHEREAS, the City Council further finds that it is necessary and desirable to
construct the Multi- Purpose Events Center Coliseum Project and has received
donations or commitments for donations for the project that, with other lawfully
available funds and the proceeds of the below- referenced bonds, will provide
sufficient funds to pay for the improvements; and
WHEREAS, it is hereby officially found and determined that holding the
hereinafter called election is in the public interest; and that the meeting to call an
election was open to the public, and public notice of the time, place, and purpose of
said meeting was given, all as required by the Texas Government Code, Chapter
551.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS:
SECTION 1. That an election shall be held in the City on the 20`h day of
January 2001. At such election, there shall be submitted in accordance with law the
following proposition:
Proposition
Shall the City Council of the City of Wichita Falls be authorized to issue
the bonds of the City of Wichita Falls, in one or more series or issues,
in the aggregate principal amount of $7,000,000, for the purpose of
paying a portion of the cost of acquisition and construction of
approximately $20,000,000 of improvements to the Multi- Purpose
Events Center for the coliseum project, with the bonds of each such
series or issue, respectively, to mature serially within not to exceed 30
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, and shall said City Council be authorized to levy and cause to
be assessed and collected annual ad valorem taxes in an amount
sufficient, within the limit prescribed by law, to pay the annual interest
on said bonds and provide a sinking fund to pay said bonds at
matu rity?
SECTION 2. That on the date of the election, the hours during which the polls
will be open for voting in the election shall be from seven o'clock a.m. to
seven o'clock p.m.
SECTION 3. That the election shall be conducted and held at the respective
polling places for each respective precinct as listed on the attached Exhibit "A," and
the persons listed on the attached Exhibit "A" are hereby appointed officers to
conduct this election at the respective election.
SECTION 4. That the City Clerk, Lydia V. Torres, is hereby appointed
administrator and early voting clerk for this election. The City Clerk will conduct the
election, handle the administrative details, and provide the returns of the city election
for canvassing by the City Council, all in accordance with the City Charter and the
Constitution and laws of the State of Texas. The early voting clerk's mailing address
to which ballot applications and ballots voted by mail may be sent is Room 104 of the
Memorial Auditorium building, 1300 7th Street, Wichita Falls, Texas. The place for
early voting by personal appearance is Room 106 of the Memorial Auditorium
building, 1300 7th Street, Wichita Falls, Texas. Said clerk shall keep said office open
during the regular business hours for such office, 8:00 a.m. to 5:00 p.m., on each
day for early voting which is not a Saturday, a Sunday, or an official State holiday
during the period for early voting by personal appearance, which shall begin on
January 3, 2001, and end on January 16, 2001.
SECTION 5. That Iwilda Mitchell is hereby appointed Presiding Judge of the
Early Voting Ballot Board for canvassing the early voting ballots for this election.
SECTION 6. That all residents, qualified electors of the City of Wichita Falls,
shall be entitled to vote at this election.
SECTION 7. That the use of electronic punch card voting system for voting in
this election on election day, early voting by mail, and by personal appearance, and
automated tabulating equipment in counting early and regular ballots, are hereby
authorized. The ballots for the election shall be prepared in accordance with the
Texas Election Code so as to permit the electors to vote "FOR" for "AGAINST" the
aforesaid PROPOSITION with the ballots to contain such provisions, markings and
language as required by law, and shall be in substantially the following form:
PROPOSITION
THE ISSUANCE OF $7,000,000 OF TAX BONDS FOR
THE CONSTRUCTION OF THE MULTI - PURPOSE
EVENTS CENTER COLISEUM PROJECT
FOR
AGAINST
Each voter desiring to vote in favor of the proposition shall mark the ballot
indicating "For" such proposition, and each voter desiring to vote against the
proposition shall mark the ballot indicating "Against" such proposition.
SECTION 8. That notice of election shall be given by posting a substantial
copy of this election ordinance, in English and Spanish, at the City Hall on the
bulletin board used for posting notices of the meetings of the City Council, and at
three other places in the City of Wichita Falls, not less than 21 days prior to the date
set for said election; and a substantial copy of this election ordinance, in English and
Spanish, also shall be published on the same day in each of two successive weeks
in a newspaper of general circulation published in said City, the date of the first
publication to be not earlier than the 30th day or later than the 14th day prior to the
date set for said election.
SECTION 9. That in all matters relating to the ordering, giving notice, and
holding of the election, the City shall comply with the applicable parts of the Texas
Election Code, including particularly bilingual requirements, and the Federal Voting
Rights Act of 1965, as amended.
SECTION 10. That due to the necessity of calling this election in order to
allow time for review by the United States Justice Department under the Federal
Voting Rights Act, an emergency is hereby declared pursuant to the provisions of
Section 48 of the City Charter, and this ordinance shall become effective immediately
upon passage by this City Council and signature of the Mayor.
SECTION 11. It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 3rd day of October 2000.
11" 4_e�
MAYOR
ATTEST:
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City Clerk