21-031 RESOLUTION NO. 21-031
A RESOLUTION CALLING A BOND ELECTION TO BE HELD IN THE
CITY OF SOUTHLAKE, TEXAS; MAKING PROVISION FOR THE
CONDUCT OF AN ELECTION; AND RESOLVING OTHER MATTERS
INCIDENT AND RELATED TO SUCH ELECTION
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WHEREAS,the City Council (the Council)of the CITY OF SOUTHLAKE, TEXAS (the
City), located in Tarrant and Denton Counties, Texas (the Counties),hereby finds and determines
that an election should be held to determine whether the Council shall be authorized to issue
general obligation bonds of the City in the amount and for the purposes hereinafter identified(the
Election); and
WHEREAS, the City will enter into an election services contract with Tarrant County, by
and through its Elections Administrator and Denton County, by and through its Elections
Administrator (the Administrator and together the Administrators) in accordance with the
provisions of Subchapter D of Chapter 31, as amended, Texas Election Code, or other applicable
law,pursuant to which Counties will assist with certain aspects of the Election on the City's behalf;
and
WHEREAS,the Election may be held jointly with other political subdivisions(such other
political subdivisions, collectively, the Participants), as provided pursuant to the provisions of an
election services agreement and/or a joint election or similar agreement between or among (as
applicable)the City and any Participants,entered into in accordance with the provisions of Section
271.002, as amended, Texas Election Code; and
WHEREAS, the Council hereby fords and determines that the necessity to construct
various capital improvements within the City necessitates that it is in the public interest to call and
hold the Election at the earliest possible date to authorize the issuance of general obligation bonds
for the purposes hereinafter identified; and
WHEREAS, the Council hereby finds and determines that the actions hereinbefore
described are in the best interests of the residents of the City; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,
TEXAS THAT:
SECTION 1. The Election shall be held in the CITY OF SOUTHLAKE, TEXAS on the
2nd day of November, 2021 (Election Day), which is a uniform election date under the Texas
Election Code, as amended, and is not less than 78 days nor more than 90 days from the date of
the adoption of this resolution (the Resolution), for the purpose of submitting the following
measure to the qualified voters of the City:
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PROPOSITION A
"Shall the City Council of the City of Southlake, Texas be authorized to issue and
sell one or more series of general obligation bonds of the City in the aggregate
principal amount of not more than $50,000,000 for the purpose of designing,
acquiring, constructing, renovating, improving, and equipping the City parks
(including passive parks and open space improvements), and acquiring lands,
interests in lands, and rights-of-way necessary thereto, such bonds to mature
serially or otherwise (not more than 40 years from their date) in accordance with
law;and any issue or series of said bonds to bear interest at such rate or rates(fixed,
floating, variable or otherwise) as may be determined within the discretion of the
City Council,provided that such rate of interest shall not exceed the maximum rate
per annum authorized by law at the time of the issuance of any issue or series of
said bonds;and shall the City Council of the City be authorized to levy and pledge,
and cause to be assessed and collected, annual ad valorem taxes, within the
limitations prescribed by law, on all taxable property in said City sufficient to pay
the annual interest and provide a sinking fund to pay the bonds at maturity and the
cost of any credit agreements executed in connection with the bonds?"
SECTION 2. The City Council authorizes the Mayor, the City Manager, the City
Secretary, or their respective designees, to negotiate and enter into the election services contracts
(the "Contracts") with the Administrators. The Mayor, or his designee, is hereby authorized to
execute the Contracts and any other necessary contract(s)and agreements,joint or otherwise,with
the Administrators, or any other public entity. The contract documents and election services
provided therein shall conform to Chapter 31, Subchapter D, of the Texas Election Code and all
other applicable statutes and laws. One or more City election precincts are hereby established for
the purpose of holding the Election, and one or more polling places are hereby designated for
holding the Election in the City election precincts as identified in the Contracts (which are
incorporated herein by reference for all purposes). The City, acting through the Mayor, the City
Manager,or the designee thereof, in coordination with the Administrators,or the designee thereof,
as necessary or desirable, will appoint the Presiding Judges, Alternate Presiding Judges, Election
Clerks, and all other election officials for the Election,together with any other necessary changes
to election practices and procedures and can correct, modify, or change the Exhibits to this
Resolution based upon the final locations and times agreed upon by the Administrators, the City,
and the Participants to the extent permitted by applicable law and as may be set forth in the
Contracts.
A. The Presiding Judge shall appoint not less than two resident qualified voters of the
County to act as clerks in order to properly conduct the Election. To the extent required by the
Texas Election Code, as amended, or other applicable law, the appointment of these clerks must
include a person fluent in the Spanish and Vietnamese languages to serve as a clerk to render oral
aid in the Spanish and Vietnamese languages to any voter desiring such aid at the polls on Election
Day. If the Presiding Judge appointed actually serves, the Alternate Presiding Judge shall serve
as one of the clerks. In the absence of the Presiding Judge, the Alternate Presiding Judge shall
perform the duties of the Presiding Judge of the election precinct.
B. On Election Day, the polls shall be open as designated on Exhibit A.
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C. The main early voting location is designated in Exhibit B to this Resolution(which
is hereby incorporated herein by reference for all purposes). The individual named as the Early
Voting Clerk as designated in Exhibit B is hereby appointed as the Early Voting Clerk to conduct
such early voting in the Election. The Early Voting Clerk shall appoint the Deputy Early Voting
Clerks. This main early voting location shall remain open to permit early voting on the days and
at the times as stated in Exhibit B. Early voting shall commence as provided on Exhibit B and
continue through the date set forth on Exhibit B, all as provided by the provisions of the Texas
Election Code,as amended.
Additionally, permanent and/or temporary branch offices for early voting by personal
appearance may be established and maintained in accordance with the Texas Election Code. In
the event such permanent and/or temporary branch locations are established,information regarding
the locations, dates, and hours of operation for early voting at these offices shall be determined by
the Administrators/Early Voting Clerk, as identified in Exhibit B hereto.
The Council authorizes each Administrator to establish an Early Voting Ballot Board for
the purpose of processing early voting results. The individual designated in Exhibit B as the
Presiding Judge of an Early Voting Ballot Board is hereby appointed the Presiding Judge of the
indicated Early Voting Ballot Board. The Presiding Judge shall appoint not less than two resident
qualified voters of the City to serve as members of each such Early Voting Ballot Board.
SECTION 3. Electronic voting machines may be used in holding and conducting the
Election on Election Day; provided, however, in the event the use of such electronic voting
machines is not practicable, the Election may be conducted on Election Day by the use of paper
ballots (except as otherwise provided in this section). Electronic voting machines or paper ballots
may be used for early voting by personal appearance(except as otherwise provided in this section).
Pursuant to Section 61.012, as amended, Texas Election Code, the City shall provide at least one
accessible voting system in each polling place used in the Election. Such voting system shall
comply with State and federal laws establishing the requirement for voting systems that permit
voters with physical disabilities to cast a secret ballot. Any legally permissible voting method may
be used for early voting and Election Day voting by personal appearance. Certain early voting
may be conducted by mail.
SECTION 4: The Council authorizes each Administrator to utilize a Central Counting
Station (the Stations) as provided by Section 127.001, et seq., as amended, Texas Election Code.
The Administrators, or designees thereof, are hereby appointed as the Manager of their respective
Stations who will establish a written plan for the orderly operation of the Stations in accordance
with the provisions of the Texas Election Code. The Council authorizes the Administrators,or the
designees thereof, to appoint the Presiding Judges, the Tabulation Supervisors, and the
Programmers of their respective Stations and may appoint Station clerks as needed or desirable.
The Administrators will publish (or cause to be published) notice and conduct testing on the
automatic tabulation equipment relating to the Station and conduct instruction for the officials and
clerks for their respective Stations in accordance with the provisions of the Texas Election Code.
SECTION 5. The official ballot shall be prepared in accordance with the Texas Election
Code, as amended, so as to permit voters to vote "FOR" or "AGAINST" the aforesaid measures
which shall appear on the ballot substantially as follows:
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PROPOSITION A
"THE ISSUANCE OF NOT TO EXCEED $50,000,000 OF CITY OF
SOUTHLAKE, TEXAS GENERAL OBLIGATION BONDS FOR PARK
(INCLUDING OPEN SPACE AND PASSIVE PARKS) IMPROVEMENTS,
AND THE IMPOSITION OF A TAX SUFFICIENT TO PAY THE PRINCIPAL
OF AND INTEREST ON THE BONDS"
SECTION 6. All resident qualified voters of the City shall be permitted to vote at the
Election,and on Election Day,such voters shall vote at the designated polling places. The Election
shall be held and conducted in accordance with the provisions of the Texas Election Code, as
amended,Chapters 1251 and 1331,as amended,Texas Government Code,and as may be required
by any other law. To the extent required by law, all materials and proceedings relating to the
Election shall be printed in both English, Spanish and Vietnamese.
SECTION 7. Notice of election, including a Spanish and Vietnamese translation thereof,
shall be published on the same day in each of two successive weeks in a newspaper of general
circulation in the City, the first of these publications to appear in such newspaper not more than
30 days, and not less than 14 days, prior to Election Day. Moreover, a substantial copy of this
Resolution and the voter information attached as Exhibit C, including a Spanish and Vietnamese
translation thereof, shall be posted (i) at City Hall not less than 21 days prior to Election Day; (ii)
at three additional public places within the City not less than 21 days prior to Election Day,(iii) in
a prominent location at each polling place on Election Day and during early voting, and (iv) in a
prominent location on the City's internet website not less than 21 days prior to Election Day. A
sample ballot shall be posted on the City's internet website not less than 21 days prior to Election
Day.
SECTION 8. As required by and in accordance with Section 3.009(b)(5) and(7)through
(9) of the Texas Election Code, the City, as of the date of this Resolution, had outstanding an
aggregate principal amount of debt equal to $61,632,000; the aggregate amount of the interest
owed on such City debt obligations,through the respective maturity,totaled$10,687,310; and the
City levied an ad valorem debt service tax rate for its outstanding debt obligations of$0.0750 per
$100 of taxable assessed valuation. The bonds that are the subject of this Election shall mature
serially or otherwise overall a specified number of years (not more than 40 years from their date),
as prescribed by applicable Texas law, though the City estimates that, based on current bond
market conditions, such bonds will amortize over a 20-year period from their respective date of
issue. The foregoing estimated maximum net effective interest rate and amortization period are
only estimates, provided for Texas statutory compliance; they do not serve as a cap on the per
annum interest rate at which any series of bonds authorized at the Election may be sold, or the
amortization period for bonds that are the subject of this Election.
The City estimates an ad valorem debt service tax rate of $0.0650 per $100 of taxable
assessed valuation if the bonds that are subject of the Election are approved and are issued(taking
into account the outstanding City bonds and bonds that are the subject of this Election, but not
future bond authorizations of the City).
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Based on the bond market conditions on the date of the Council's adoption of this
Resolution, the maximum interest rate for any series of bonds authorized at the Election is 2.50%
(expressed as a net effective interest rate applicable to any such series of bonds).
SECTION 9. The Council authorizes the Mayor, the City Manager, or their respective
designee,to negotiate and enter into one or more joint election agreements and/or similar contracts
or agreements with the Counties, acting by and through the Administrators, and any Participants
if desired or required to comply with applicable law, as permitted and in accordance with the
provisions of the Texas Election Code, as amended. In addition, the City authorizes the Mayor,
the City Manager, or their respective designee of either of such parties to make such technical
modifications to this Resolution that are necessary for compliance with applicable Texas or federal
law or to carry out the intent of the Council, as evidenced herein. To the extent that any duty or
obligation of the City, in general, or any City official, in particular, is properly delegated to the
Counties pursuant to a joint election agreement, then the Counties' carrying out those duties and
obligations on the City's behalf pursuant to the terms of such joint election agreement shall be
binding upon the City and are hereby determined by the Council to be evidence of the City's
compliance with the provisions of applicable Texas law concerning the Election relative to the
same. By incorporating all essential terms necessary for a joint election agreement,this Resolution
is intended to satisfy Section 271.002(d)of the Texas Election Code, as amended, without further
action of the City Council. To the extent needed or desirable, the Administrators are hereby
appointed joint custodian of voted ballots for the purposes of Section 31.096, as amended, Texas
Election Code.
SECTION 10. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the Council.
SECTION 11. All ordinances and resolutions, or parts thereof, which are in conflict or
inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict,
and the provisions of this Resolution shall be and remain controlling as to the matters ordained
herein.
SECTION 12. This Resolution shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
SECTION 13. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, as amended, Texas Government Code.
SECTION 14. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid,the remainder of this Resolution and the application of
such provision to other persons and circumstances shall nevertheless be valid, and this Council
hereby declares that this Resolution would have been enacted without such invalid provision.
SECTION 15. Pursuant to the provisions of Section 1201.028, as amended, Texas
Government Code,this Resolution shall be effective immediately upon adoption.
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PASSED AND APPROVED on the)day of August, 2021.
CITY OF SOUTHLAKE,TEXAS
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[Signature Page to City of Southlake, Texas Resolution Calling a Bond Election]
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Exhibit A
ELECTION DAY PRECINCTS AND POLLING PLACES
Election Day: Tuesday,November 2, 2021
Election Day Polling Locations open from 7 a.m. to 7 p.m.
Presiding Judge(s)and Alternate(s): to be determined by the Administrators
DENTON COUNTY
To be as provided in the Contract with the Denton County Elections Administrator and in
the Administrator's website at www.votedenton.gov
TARRANT COUNTY
To be as provided in the Contract with the Tarrant County Elections Administrator and in
the Administrator's website at www.tarrantcounty.com/elections
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Exhibit B
EARLY VOTING
Early voting begins Monday, October 18, 2021 and ends on Friday, October 29, 2021.
Applications for voting by mail should be received no later than the close of business (5:00 pm)
on Friday October 22,2021. If an application for ballot by mail is faxed or emailed(or if a federal
postcard application is faxed),the applicant must also mail the original application so that the early
voting clerk receives the original no later than four days after receiving the emailed or faxed copy.
Voters entitled to vote an early ballot by personal appearance may do so at any Early Voting site
in their County of registration.
Denton County
Early Voting Clerk: Frank Phillips, Denton County Elections, P.O. Box 1720, Denton,
Texas 76202
Presiding Judge of the Early Voting Ballot Board: to be determined by Frank Phillips
Denton County Elections Office, 701 Kimberly Drive, Suite A101, Denton, Texas 76208
Polling Locations
To be as provided in the Contract with the Denton County Elections Administrator and in the
Administrator's website at www.votedenton.gov/
Monday, October 18, 2021 through Saturday, October 23, 2021 8:00 am—5:00 pm
Sunday, October 24, 2021 11:00 am—4:00 pm
Monday, October 25, 2021 through Friday, October 29, 2021 7:00 am—7:00 pm
Applications for early voting by mail should be sent to: Frank Phillips, Early Voting
Clerk, Denton County Elections, 701 Kimberly Drive, Suite A101, Denton, Texas 76208;
fax: (940) 349-3201; email: elections@dentoncounty.com.
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Tarrant County
Early Voting Clerk: Heider Garcia, 2700 Premier St., Fort Worth, Texas 76111
Presiding Judge of the Early Voting Ballot Board: to be determined by Heider Garcia
Tarrant County Elections Center, 2700 Premier St., Fort Worth, Texas 76111
Polling Locations
To be as provided in the Contract with the Tarrant County Elections Administrator and in the
Administrator's website at www.tarrantcounty.com/elections
Monday, October 18, 2021 through Friday, October 22, 2021 8:00 am—5:00 pm
Saturday, October 23, 2021 7:00 am—7:00 pm
Sunday, October 24, 2021 11:00 am—4:00 pm
Monday, October 25, 2021 through Friday, October 29, 2021 7:00 am—7:00 pm
Applications for early voting by mail should be sent to: Heider Garcia, 2700 Premier St.,
Fort Worth, Texas 76111; fax: (817) 884-1755; email: votebymail@tarrantcounty.com.
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Exhibit C
VOTER INFORMATION DOCUMENT
City of Southlake, Texas Proposition A:
o FOR "THE ISSUANCE OF NOT TO EXCEED $50,000,000 OF CITY OF
SOUTHLAKE, TEXAS GENERAL OBLIGATION BONDS FOR PARK
(INCLUDING OPEN SPACE AND PASSIVE PARKS) IMPROVEMENTS,
AND THE IMPOSITION OF A TAX SUFFICIENT TO PAY THE PRINCIPAL
o AGAINST OF AND INTEREST ON THE BONDS"
principal of debt obligations to be authorized $50,000,000
estimated interest for the debt obligations to be authorized presuming $16,060,806
an interest rate of 2.50%
estimated combined principal and interest required to pay on time $66,060,806
and in full the debt obligations to be authorized amortized over 20
years
as of the date the election was ordered, principal of all outstanding $61,632,000
debt obligations
as of the date the election was ordered,the estimated interest on all $10,687,310
outstanding debt obligations
as of the date the election was ordered, the estimated combined $72,319,310
principal and interest required to pay on time and in full all
outstanding debt obligations amortized over 18 years
estimated maximum annual increase in the amount of taxes on a $0.00
residence homestead with an appraised value of$100,000 to repay
the debt obligations to be authorized, if approved
This figure assumes the amortization of the City's debt obligations,
including outstanding debt obligations and the proposed debt
obligation; changes in estimated future appraised values within the
City; changes in estimated future appraised values within the political
subdivision; and the assumed interest rate on the proposed debt
obligations.
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