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11-019 - RTOWN OF PROSPER, TEXAS RESOLUTION NO. 11-019 RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, CALLING A BOND ELECTION TO BE HELD WITHIN THE TOWN; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; AND CONTAINING OTHER PROVISIONS INCIDENTAL THERETO THE STATE OF TEXAS § COUNTIES OF COLLIN AND DENTON § TOWN OF PROSPER § WHEREAS, this Town Council of the Town of Prosper, Texas (the "Town") deems it advisable to call the election hereinafter ordered; and WHEREAS, it is hereby officially found and determined that holding the hereinafter called election on the date set forth below is in the public interest; and that the meeting was open to the public, and public notice of the time, place and purpose of the meeting was given, all as required by Chapter 551, Texas Government Code. BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: 1. An election shall be held between the hours of 7:00 A.M. and 7:00 P.M. on May 14, 2011 in the Town at the following designated polling place: Community Library - Reynolds Middle School 700 N. Coleman Road Prosper, Texas 75078 The Town shall constitute a single election precinct for the election, and all resident, qualified electors of the District shall be entitled to vote at the election. 2. The appointment of the Presiding Election Judge and Alternate Presiding Judge for the designated polling places shall be made by the Collin County Election Administrator in accordance with the agreement between Collin County and the Town for the County to conduct the election as a joint election with other entities in Collin County (the "Elections Service Agreement"). By approving and signing the Elections Service Agreement, the Mayor of the Town officially confirms the appointment of the aforesaid election officers to serve at the election, and by passing this Resolution the Town Council approves and concurs in the appointment of the aforesaid election officers. Each Presiding Judge shall appoint not less than two qualified election clerks to serve and assist in conducting the election; provided that if a Presiding Judge actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. 3. Early voting by personal appearance shall be available at all locations established by the Collin County Election Administrator pursuant to the Elections Service Agreement, as set forth in Attachment A hereto. The Early Voting Clerk shall be Sharon Rowe, Collin County Elections Administrator. Applications for early voting by mail shall be delivered to the Early Voting Clerk, no earlier than March 15, 2011, and no later than the close of business on May 6, 2011, at the following address: Collin County Elections Administration Office 2010 Redbud Boulevard, Suite 102 McKinney, Texas 75069 Attn: Sharon Rowe, Early Voting Clerk 4. An early ballot board is hereby created to process early voting results, and Sharon Rowe, Collin County Elections Administrator, is hereby appointed the presiding judge of such board. The Presiding Judge shall appoint at least two other members of the Board. 5. All resident, qualified electors of the Town shall be entitled to vote at the election. 6. Notice of the election shall be given by posting an election notice on the bulletin board used for posting notices of the meetings of the Town Council, and at three other places in the Town, not less than 21 days prior to the date set for the election; and an election notice and sample ballot also shall be published on the same day in each of two successive weeks in a newspaper of general circulation published in the Town, 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 the election. law: 7. At the election the following PROPOSITIONS shall be submitted in accordance with PROPOSITION NO. 1 Shall the Town Council of the Town of Prosper be authorized to issue the bonds of the Town, in one or more series or issues, in the aggregate principal amount of $1,250,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed 40 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 Town Council, for the purpose of acquiring a site for, and designing, a multi- purpose municipal facility to serve as Town Hall and for other municipal services, with any surplus bond proceeds to be used for the construction of such facility, and shall the Town Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on the bonds and provide a sinking fund to pay the bonds at maturity? PROPOSITION NO.2 Shall the Town Council of the Town of Prosper be authorized to issue the bonds of the Town, in one or more series or issues, in the aggregate principal amount of $450,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed 40 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 Town Council, for the purpose of acquiring a site for, and designing, a public works facility, with any surplus bond proceeds to be used for the construction of such facility, and shall the Town Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on the bonds and provide a sinking fund to pay the bonds at maturity? PROPOSITION NO. 3 Shall the Town Council of the Town of Prosper be authorized to issue the bonds of the Town, in one or more series or issues, in the aggregate principal amount of $3,850,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed 40 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 Town Council, for the purpose of designing, constructing, improving and equipping public safety facilities in the Town, to -wit: police and fire stations and facilities to improve and expand the Town's public safety communications system for police, fire, emergency medical service and other communications relating to public safety and emergency conditions, and the acquisition of land and interests in land as necessary for such purposes, and shall the Town Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on the bonds and provide a sinking fund to pay the bonds at maturity? PROPOSITION NO. 4 Shall the Town Council of the Town of Prosper be authorized to issue the bonds of the Town, in one or more series or issues, in the aggregate principal amount of $6,200,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed 40 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 Town Council, for the purpose of designing, constructing, improving and equipping parks, trails and recreational facilities and a park administration facility, and the acquisition of land and interests in land for such purposes, and shall the Town Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on the bonds and provide a sinking fund to pay the bonds at maturity? PROPOSITION NO. 5 Shall the Town Council of the Town of Prosper, Texas, be authorized to issue the bonds of the Town, in one or more series or issues, in the aggregate principal amount of $13,290,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed 40 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 Town Council, for the purpose of constructing, improving, extending, expanding, upgrading and developing streets and roads, bridges and intersections including, utility relocation, landscaping, sidewalks, traffic safety and operational improvements, the purchase of any necessary right-of-way, drainage and other related costs, and shall the Town Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on the bonds and provide a sinking fund to pay the bonds at maturity? 8. The official ballots for the election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITIONS, with the ballots to contain such provisions, markings and language as required by law, and with such PROPOSITIONS to be expressed substantially as follows: PROPOSITION NO. 1 FOR ) THE ISSUANCE OF $1,250,000 TAX BONDS FOR DESIGN AND SITE ACQUISITION FOR A MULTI- PURPOSE MUNICIPAL FACILITY FOR TOWN HALL AGAINST AND OTHER MUNICIPAL SERVICES, WITH ANY SURPLUS TO BE USED FOR THE CONSTRUCTION THEREOF. PROPOSITION NO. 2 FOR ) THE ISSUANCE OF $450,000 TAX BONDS FOR DESIGN ) AND SITE ACQUISITION FOR A PUBLIC WORKS FACILITY, WITH ANY SURPLUS TO BE USED FOR AGAINST ) THE CONSTRUCTION THEREOF. PROPOSITION NO. 3 FOR ) THE ISSUANCE OF $3,850,000 TAX BONDS FOR DESIGN AND CONSTRUCTION OF POLICE AND FIRE DEPARTMENT STATIONS AND FACILITIES TO AGAINST) IMPROVE AND EXPAND THE TOWN'S PUBLIC SAFETY COMMUNICATIONS SYSTEM. PROPOSITION NO. 4 FOR ) THE ISSUANCE OF $6,200,000 TAX BONDS FOR PARKS, TRAILS, RECREATIONAL FACILITIES AND A AGAINST _............._...... ) PARK ADMINISTRATION FACILITY. PROPOSITION NO. 5 FOR ) THE ISSUANCE OF $13,290,000 TAX BONDS FOR AGAINST ) STREET AND ROAD IMPROVEMENTS. 9. In all respects the election shall be conducted in accordance with the Texas Election Code. Pursuant to the federal Help America Vote Act and the Texas Election Code, each polling place shall be provided at least one voting system equipped for individuals with disabilities. Sufficient voting equipment to accommodate the voters shall be provided for early voting and at the polling place on election day. 10. This Resolution shall be effective immediately from and after its passage. Attachment A Early Voting Locations, Dates and Hours Polling dace Collin County Elections (Main Early Votina Location) Prosper Municipal Chambers May 1 May 2 Early Voting 8am — 5pm May 8 May 9 Early Voting lam — 7pm Add'ress 2010 Redbud Blvd, Ste 102 121 W. Broadway May 3 May 4 Early Voting Early Voting 8am — 5pm 8am — 5pm May 10 Early Voting lam — 7pm ' City McKinney Prosper l"liur,,%'day Friday Q .hare' Ay May 5 May 6 May 7 Early Voting Early Voting Early Voting Sam — 7pm 8am — 5pm 8am — 5pm CERTIFICATE REGARDING ADOPTION OF RESOLUTION THE STATE OF TEXAS COUNTIES OF COLLIN AND DENTON TOWN OF PROSPER We, the undersigned officers of the Town of Prosper, Texas, hereby certify as follows: 1. The Town Council of the Town convened in a REGULAR MEETING ON THE 22ND DAY OF FEBRUARY, 2011, at the regularly -designated meeting place, and the roll was called of the duly constituted officers and members of the Town Council, to -wit: Ray Smith, Mayor Kenneth Dugger, Mayor Pro -Tem Meigs Miller, Deputy Mayor Pro -Tem Dave Benefield David Vestal Danny Wilson Jason Dixon Karen Gill, Interim Town Secretary and all of said persons were present, except the following absentees:__ , thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, CALLING A BOND ELECTION TO BE HELD WITHIN THE TOWN; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; AND CONTAINING OTHER PROVISIONS INCIDENTAL THERETO was duly introduced for the consideration of the Town Council. It was then duly moved and seconded that the Resolution be adopted and, after due discussion, the motion, carrying with it the adoption of the Resolution, prevailed and carried by the following vote: AYES: All members of the Town Council shown present above voted "Aye," except as shown below: NOES: ABSTAIN: 2. A true, full and correct copy of the aforesaid Resolution adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that the Resolution has been duly recorded in the Town Council's minutes of the Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from the Town Council's minutes of the Meeting pertaining to the adoption of the Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of the Town Council as indicated therein; that each of the officers and members of the Town Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting, and each of the officers and members consented, in advance, to the holding of the Meeting for such purpose, and that the Meeting was open to the public and public notice of the time, place and purpose of the meeting was given, all as required by Chapter 551, Texas Government Code. 3. The Mayor of the Town has approved and hereby approves the aforesaid Resolution; that the Mayor and the Interim Town Secretary of the Town hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of the Resolution for all purposes. SIGNED AND SEALED the 22nd day of February, 2011. -01 Interim Town Secretary Mayor 40 (SEAL) o, 0 0 a AM -k dop 0" C EX N