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HomeMy WebLinkAboutResolution - 4178 - Order Special Election 08_12_93 - City Council District 1 Vacancy - 06_10_1993Resolution No. 4178 June 10, 1993 Item #35 RESOLUTION WHEREAS, the resignation of Mayor Pro Tem Maggie Trejo, Councilmember District 1, on June 10, 1993, has created a vacancy on the City Council of the City of Lubbock; and WHEREAS, the City Charter of the City of Lubbock and Article 11, Section 11 of the Texas Constitution require such vacancy to be filled at a Special Election called for such purpose; and WHEREAS, the next available election date complying with the requirements of the City Charter, the Texas Constitution and Section 201.051 of the Election Code is August 14, 1993, the second Saturday in August; NOW THEREFORE: BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute an Order and Notice of Special Election for August 14, 1993, to fill the vacancy in t4--pvsitjon of Councilmember, District 1. Passed by the City Council thik loth ATTEST: &' , c'-Z-j etty M. Johnsoh, City Secretary APPROVED AS TO FORM: 91 G. Vdbdiver,-First Assist City Attorney DGV:dw/agenda-D2/Trejo.res June 1, 1993 off June , 1993. , M s i `:yArorkN ORDER AND NOTICE OF SPECIAL CITY ELECTION THE STATE OF TEXAS § COUNTY OF LUBBOCK CITY OF LUBBOCK ELECTION ORDER I, DAVID R. LANGSTON, Mayor of the City of Lubbock, Texas, by virtue of the authority vested in me by law, and according to the Charter of the City of Lubbock, the Texas Election Code, and City Council Resolution, hereby order that a Special Election be held in the City of Lubbock, Texas, on the 14th day of August, 1993, said date being the second Saturday in August, for the purpose of electing the following officer of the City of Lubbock due to the resignation of the Councilmember, District 1, on June 10, 1993. COUNCILMEMBER, DISTRICT 1 (UNEXPIRED TERM) An electronic voting system shall be used in this election, including early voting. Said Special Election shall be held at the places in the City of Lubbock hereinafter designated as the voting precincts and voting places on Exhibit "A" hereto, which Exhibit "A" shall be made a part hereof for all intents and purposes. Polling places shall be open from 7:00 A.M. to 7:00 P.M. and all electors shall vote in the precinct of their residence unless such precinct shall be consolidated with another precinct as provided herein in Exhibit "A." The persons set forth in Exhibit "B" hereto, which Exhibit "B" shall be made a part hereof for all intents and purposes, are hereby appointed Judges and Alternate Judges to hold said Special Election on August 14, 1993. Each Presiding Judge so named is authorized to appoint the number of clerks authorized by the Election Administrator, which number shall not be less than two (2) clerks nor more than six (6) clerks. The Alternate Judges shall serve as Presiding Judges in the event that the regularly appointed Presiding Judge is unable to serve. The Alternate Judge shall be appointed by the Presiding Judge to serve as a clerk in the event that the election is conducted by the regularly appointed Presiding Judge. Early voting shall commence July 26, 1993, and shall end August 10, 1993, and shall be conducted at the office of the City Secretary on weekdays, other than City holidays, during the regular hours of business of the office of the City Secretary, which are from 8:00 A.M. to 5:00 P.M. and at branch offices for personal appearance at the South Plains Mall, 6002 Slide Road, Lubbock Texas; Alderson Junior High School, 219 Walnut, Lubbock, Texas; and at the University Center on the Texas Tech University campus in Lubbock, Texas. The hours and days of voting at the branch early voting locations shall be the same as for the Office of the City Secretary, except that the South Plains Mall location shall be open from 8:30 A.M. to 6:00 P.M. The office of the City Secretary and the South Plains Mall shall be open for voting by personal appearance on the last Saturday and Sunday of the early voting period from 10:00 A.M. to 6:00 P.M. on Saturday and 1:00 P.M. to 6:00 P.M. on Sunday. The sealed ballot box procedure established by Subchapter C, Chapter 127, Texas Election Code, shall be used for this election. ELECTION NOTICE The City Secretary is hereby ordered and directed to cause notice of this Special City Election to be given by publication of this Order and Notice of Special City Election in a newspaper of general circulation published in the City of Lubbock at least once, not earlier than the 30th day or later than the loth day before election. In addition, a copy of this Order and Notice of Special City Election shall be posted not later than the 21st day before election day on the bulletin board used for posting notices of meetings of the governing body and a notice of consolidation shall be posted at any polling places not consolidated at the last previous general election which shall indicate the precinct's consolidation and the location of the polling place. Not later than the 15th day before election day or the seventh day after the date the election is ordered, whichever is later, the City Secretary shall deliver a duly certified copy of this Order and Notice of Special City Election on the Presiding Judge of each election precinct in which the election is to be held. Order & Notice/Special Election Page 2 SIGNED AND EXECUTED in the'Runic al Building at Lubbock, Texas, this 1ni-h day of June, 1 f93. _� D R. WGSTON J MAYOR ATTEST: &rr' kj r-1 Betty Johns n, City Secretary APPROVED AS TO FORM: D ld G. Vandiver, First Assistant City Attorney Order & Notice/Special Election Page 3 ,EKE Cp COMPTROLLER OF PUBLIC ACCOUNTS w STATE OF TEXAS �' AUSTIN, 78774 w O* TEXAS* � JOHN SHARP Comptroller September 3, 1993 Ms. Betty M. Johnson City Secretary City of Lubbock P. O. Box 2000 Lubbock, Texas 79457-0001 Dear Ms. Johnson: We have received the results of Lubbock's August 14th election to repeal the additional V2% city sales and use tax for economic and industrial development. This additional V2% local sales and use tax will be abolished in the City of Lubbock on January 1, 1994. If you have any questions or need more information, please call me toll free at 1-800-531- 5441, extension 50465. The regular number is 512/475-0465. Sincerely, ( 461z�� J e GWrner Tax Allocation Section Revenue Accounting Division JG:jg an equal opportunity employer •SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return receipt fee will prov ide you the name of the erson delivered to and the date of deliver . For additional tees the following services are available. onsult postmaster or fees and check box(es) for additional service(s) requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number Ms. Joyce Garner P J�45 284 741 Revenue Accounting Division Type of Service: El Comptroller of Public Accounts Registered Insured P � Certified ❑COD P.0. BOX 2 ❑ Express Mail ❑ Return Receipt Aust'�rn OA 8 ANDIANG for Merchandise Alwa s obtain si nature of addressee 5. Signature — =let 19 93 6. Signature — Agent X wrvrriRULLER OF PUBLIC ACCOUNTS 7. Date of Deli`veYy PS Form 381 1, Apr. 1989 pS Form 3800, June 1985 -� O 7J o n 210 � l • U.S.G.P.O. 1989-238-815 Y 9 or agent and DATE DELIVERED. 8. Addressee's Address (ONLY if requested and fee paid) DOMESTIC RETURN RECEIPT P.O. 1989-234-555 4 M o amp 1, .r1 V v` l'n t� y d o a z z � r G _n O r9 Y Lrt � .r ^yfV (•� z Tu o N N D G ^ r V O L �^ 1 1 Office of City Secretary City of Lubbock P.O. Box 2000 1 625 1 3th, Room 206 Lubbock, Texas 79457 806-767-2026 FAX: B06-762-1646 August 23, 1993 Ms. Joyce Garner Revenue Accounting Division Comptroller of Public Accounts PO Box 13528 Austin, TX 78711 Dear Ms. Garner: Upon petition of more than ten percent of the registered voters, the City of Lubbock held a special election on August 14, 1993, to consider dissolution of the Lubbock DFAS Finance and Development Corporation and repeal of the additional one-half of one percent sales tax. The proposition for dissolution passed, with 11,201 votes for dissolution, 2,682 votes against dissolution. The results were canvassed by the Lubbock City Council on August 17, 1993. Enclosed are certified copies of the &pd4*afte calling the election, the election order, and the resolution canvassing the results. <P'tojv'�_ Please let me know if you have any questions or require additional information or documentation. Sincerely, B,c.� Y' Betty M. Johnson City Secretary r COUNTY OF LUBBOCK § STATE OF TEXAS § AFFIDAVIT Before me, the undersigned authority, a Notary Public in and for Lubbock County, Texas, personally appeared Betty M. Johnson, who, being by me duly sworn, deposed as follows: My name is Betty M. Johnson, I am of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated: I am the custodian of the records of the City Secretary's Office for the City of Lubbock, Texas. Attached hereto is Resolution No. 4175, consisting of one page, from the official records of the City of Lubbock. This one (1) page of records is kept by me as City Secretary in the regular course of business, and it was the regular course of business of the City Secretary of the City of Lubbock, Texas or an employee or representatives of the City Secretary of the City of Lubbock, Texas, with knowledge of the act, event, condition, opinion, or diagnosis recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the time or reasonably soon thereafter. The records attached hereto are the original or exact duplicates of the original. Affian Betty M. Johnson, who is known to me to be the person whose name is subscribed to the foregoing instrument, acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 24th day of August, 1993. (s BEATRICE CERVANTEZ Met" Powit, sate of TOM CPAi)" « My CommWW E*m 10.17.96 Notary Public, State of Texas My commission expires: 10-1 -96 Resolution No. 4175 June 10, 1993 Item #33 1.4111-killm WHEREAS, petitions calling for the dissolution of the Lubbock DFAS Finance and Development Corporation heretofore created by the City of Lubbock, have been circulated pursuant to Subsection 4A(k) of Vernon's Ann.Civ.St., Article 5190.6; and WHEREAS, such petitions have been heretofore presented to the City Council of the City of Lubbock by the circulator thereof; and WHEREAS, the City Secretary of the City of Lubbock has validated the signatures of a sufficient number of signers of such petitions to require an election to be held upon the issue of dissolution of said Lubbock DFAS Finance and Development Corporation; and WHEREAS, such Special Election must be held pursuant to the requirements of Vernon's Ann.Civ.St., Article 5190.6, and the Election Code; and WHEREAS, the next available uniform election date for the conduct of said Special Election for dissolution of the Lubbock DFAS Finance and Development Corporation is August 14, 1993, the second Saturday in August; NOW THEREFORE: BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute an Order and Notice of Special Election for August 1993, to present the issue of whether the Lubbock DFAS Finance and Development Corporation shall be dissolved pursuant to Subsection 4A(k) Vernon's Ann.Civ.St., Article Passed by the City Council thi ATTEST: Betty N. Johnsdn,City Secretary VED AS TO FORM: up"ia G. vanaiver, first AssIstan City Attorney DGV:dw/agenda-D2/DFAS.res June 1, 1993 14, of CITY OF LUBBOCK § COUNTY OF LUBBOCK § STATE OF TEXAS § AFFIDAVIT Before me, the undersigned authority, a Notary Public in and for Lubbock County, Texas, personally appeared Betty M. Johnson, who, being by me duly sworn, deposed as follows: My name is Betty M. Johnson, I am of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated: I am the custodian of the records of the City Secretary's Office for the City of Lubbock, Texas. Attached hereto is the Order and Notice of the August 14, 1993 Special City Election (and exhibits), consisting of eleven (11) pages, from the official records of the City of Lubbock. The Order and Notice of Special City Election was posted on the 19th day of July, 1993 at 8:00 a.m. These eleven (11) pages of records are kept by me as City Secretary in the regular course of business, and it was the regular course of business of the City Secretary of the City of Lubbock, Texas or an employee or representatives of the City Secretary of the City of Lubbock, Texas, with knowledge of the act, event, condition, opinion, or diagnosis recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the time or reasonably soon thereafter. The records attached hereto are the original or exact duplicates of the original. &m, �-k Affiant' Betty M. Johnson, who is known to me to be the person whose name is subscribed to the foregoing instrument, acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 24th day of August, 1993. omas000aaam000000000a ( se 8WRICE CERVANTE2 Motsy Pwlco Satz of T"" �""'°"Fioeaial796 Notary Public, State'of&Texas My commission expires: 10-17-96 THE STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK ORDER AND NOTICE OF SPECIAL CITY ELECTION ELECTION ORDER I, DAVID R. LANGSTON, Mayor of the City of Lubbock, Texas, by virtue of the authority vested in me by law, and according to the Charter of the City of Lubbock, the Texas Election Code, Vernon's Ann.Civ.St., Article 5190.6, and City Council Resolution, hereby order that a Special Election be held in the City of Lubbock, Texas, on the 14th day of August, 1993, said date being the second Saturday in August, for the purpose of voting for or against the dissolution of the Lubbock DFAS Finance and Development Corporation pursuant to a petition presented under the provisions of Subsection 4A(k) of Vernon's Ann.Civ.St., Article 5190.6. An electronic voting system shall be used in this election, including early voting. Ballots shall be prepared in accordance with the applicable provisions of the Election Code and Subsection 4A(k) of Vernon's Ann.Civ.St., Article 5190.6 so that voters may cast their ballots either "FOR" or "AGAINST" the measure, which shall appear on the ballot substantially as follows: PROPOSITION FOR: "Dissolution of the Lubbock DFAS Finance AGAINST: and Development Corporation." Said Special Election shall be held at the places in the City of Lubbock hereinafter designated as the voting precincts and voting places on Exhibit "A" hereto, which Exhibit "A" shall be made a part hereof for all intents and purposes. Polling places shall be open from 7:00 A.M. to 7:00 P.M. and all electors shall vote in the precinct of their residence unless such precinct shall be cpnsolidated with another precinct as provided herein in Exhibit f"A." The persons set forth in Exhibit "B" hereto, which Exhibit "B" shall be made a part hereof for all intents and purposes, are hereby appointed Judges and Alternate Judges to hold said Special Election on August 14, 1993. Each Presiding Judge so named is authorized to appoint the number of clerks authorized by the Election Administrator, which number shall not be less than two (2) clerks nor more than six (6) clerks. The Alternate Judges shall serve as Presiding Judges in the event that the regularly appointed Presiding Judge is unable to serve. The Alternate Judge shall be appointed by the Presiding Judge to serve as a clerk in the event that the election is conducted by the regularly appointed Presiding Judge. Early voting shall commence July 26, 1993, and shall end August 10, 1993, and shall be conducted at the office of the City Secretary on weekdays, other than City holidays, during the regular hours of business of the office of the City Secretary, which are from 8:00 A.M. to 5:00 P.M. and at branch offices for personal appearance at the South Plains Mall, 6002 Slide Road, Lubbock Texas; Alderson Junior High School, 219 Walnut, Lubbock, Texas; and at the University Center on the Texas Tech University campus in Lubbock, Texas. The hours and days of voting at the branch early voting locations shall be the same as for the Office of the City Secretary, except that the South Plains Mall location shall be open from 8:30 A.M. to 6:00 P.M. The office of the City Secretary and South Plains Mall shall be open for voting by personal appearance on the last Saturday and Sunday of the early voting period from 10:00 A.M. to 6:00 P.M. on Saturday and 1:00 P.M. to 6:00 P.M. on Sunday. The sealed ballot box procedure established by Subchapter C, Chapter 127, Texas Election Code, shall be used for this election. ELECTION NOTICE The City Secretary is hereby ordered and directed to cause notice of this Special City Election to be given by publication of this Order and Notice of Special City Election in a newspaper of general circulation published in the City of Lubbock at least once, not earlier than the 30th day or later than the loth day before election. In addition, a copy of this Order and Notice of Special City Election shall be posted not later than the 21st day before election day on the bulletin board used for posting notices of meetings of the governing body and a notice of consolidation shall be posted at any polling places not consolidated at the last previous general election which shall indicate the precinct's consolidation and the location of the polling place. Order 6 xotia./DFAS Page 2 Not later than the 15th day before election day or the seventh day after the date the election is ordered, whichever is later, the City Secretary shall deliver a duly certified copy of this Order and Notice of Special City Election on the Presiding Judge of each election precinct in which the election is to be held. SIGNED AND EXECUTED in this 10th day of June, ATTEST: 6 Municipal Bu 993. � / �0� ))�'C--��L Betty A. John on, City Secretary APPROVED AS TO FORM: ald G. Vandiver, First Assistant City Attorney VID R Order 6 Notice/DFAS Page 3 at Lubbock, Texas, GST0A l MAYOR Exhibit A PRECINCT #'S/POLLING PLACES 1/63/93 Wolfforth Elementary School 3202 Erskine 2/79/80/86/87/88/89/90 Arnett Elementary School 701 East Queens 3 McWhorter Elementary School 2711 1st Street 4 Jackson Elementary School 201 Vernon 5 Guadalupe Elementary School 101 N. Avenue P 6 Alderson Junior High School 219 Walnut 7 Bowie Elementary School 2902 Chicago 8 Ramirez Elementary School 702 Avenue T 9 Rush Elementary School 4702 15th Street 10/97 Lubbock High School 2004 19th Street 11 Bayless Elementary School 2115 58th Street 12 Haynes Elementary School 3802 60th Street 13 Smylie Wilson Junior High School 4402 31st Street 14 Overton Elementary School 2902 Louisville 15 Roscoe Wilson Elementary School 2807 25th Street 16 J.T. Hutchinson Junior High School 3102 Canton 17 Dupre Elementary School 2008 Avenue T 18 0. L. Slaton Junior High School 1602 32nd Street 19/82/83 Bean Elementary School 3001 Avenue N 20/84 Ella Iles Elementary School 2401 Date 21 Stubbs Elementary School 3516 Toledo 22 Maedgen Elementary School 4401 Nashville 23 Monterey High School 3211 47th Street 24 Wheelock Elementary School 3008 42nd Street 25 Brown Elementary School 2315 36th Street 26/91 Harwell Elementary School 4101 Avenue D 27 Wester Elementary School 4602 Chicago 28 Parsons Elementary School 2811 58th Street 29 Atkins Junior High School 5401 Avenue U 30 Stewart Elementary School 4815 46th Street 40/85 Posey Elementary School 1301 Redbud 47 Mackenzie Junior High School 5402 12th Street 48 Murfee Elementary School 6901 Nashville Drive 49/50/95/98 Texas Tech University Center Broadway and University 52 All Saints Episcopal School 3222 103rd Street 53/57/96 Lubbock Christian University 5601 19th Street 54 Honey Elementary School 3615 86th Street 55/78 Preston Smith Elementary School 8707 Dover 58 Fire Station #13 5809 Erskine 59 Hardwick Elementary School 1420 Chicago 60 Evans Junior High School 4211 58th Street 61 Williams Elementary School 4812 58th Street 62 Whiteside Elementary School 7508 Albany 66 Wayland Baptist University 4601 83rd Street 67/94 Fire Station #14 2402 96th Street 71 Broadview Baptist Church 1402 N. Frankford Avenue 72 Frenship Northridge Elementary School 6302 11th Street 73 Frenship Crestview Elementary School 6020 81st Street 74 Godeke Library 6601 Quaker 75 Cumberland Presbyterian Church 7702 Indiana 76/92 Reese Elementary School 9421 4th Street (at War Avenue) Early Voting Room 206, City Hall Central Polling Place 1625 13th Street Early Voting South Plains Mall Branch Polling Place 6002 Slide Road Early Voting Alderson Jr. High Branch Polling Place 219 Walnut Early Voting Texas Tech University Center Branch Polling Place Broadway and University EXHIBIT B ELECTION PRECINCT PRESIDING JUDGES/ALTERNATE JUDGES City of Lubbock Special Election August 14, 1993 As of July 13, 1993 PRESIDING ALTERNATE PRECINCT # JUDGE JUDGE Wolfforth Elementary School 1/63/93 Rita Wolford Frances Autry Arnett Elementary School 2/79/80/86/87/88/89/90 Verdie Harris Janet Hulsey McWhorter Elementary School 3 Mary Mendoza Joe Rodriguez Jackson Elementary School 4 Lilly Carrillo Joe Carrillo Guadalupe Elementary School 5 Julia Carrillo Louisa Hurtado Alderson Junior High School 6 Windell 0. Walker Betty Etgen Bowie Elementary School 7 Terry Richardson Nora Kopf Ramirez Elementary School 8 Rachel Lopez (E) M.W. Graves Rush Elementary School 9 Nita Hibler (E) JoAnn Tatkenhorst (E) Lubbock High School Jimmie Settler Steven Moncrief Bayless Elementary School 11 Pete J. Morrow Oleita Dendy Haynes Elementary School 12 Marjorie Morris Don Shores Smylie Wilson Junior High School 13 Florine Jones Betty J. Baker Overton Elementary School 14 Vance Alderson Lillian Wright Roscoe Wilson Elementary School 15 Sandra Lee Harper Cliff Keho J. T. Hutchinson Junior High School 16 Rose Lee Morgan Brian Bakeman Dupre Elementary School 11 Anne Klein Vada Johnson 0. L. Slaton Junior High School 18 Margaret S. Moss Maxine Kimmel Bean Elementary School 19/82/83 Gladys L. Brink TO BE FILLED Ella Iles Elementary School 20/84 Oliver Walker, Jr. Grover Colvin Stubbs Elementary School 21 TO BE FILLED TO BE FILLED Maedgen Elementary School 22 Faye Irwin Lorine Hall Monterey High School 23 Gerald Harris Vaude L. Roper (Ms.) Wheelock Elementary School 24 Betty Bradford John Bradford Brown Elementary School 25 Prebble Russell Diana Chapa Harwell Elementary School 26/91 Jessie Rangel James Taylor Wester Elementary School 27 Pat Sanders John W. Sanders Parsons Elementary School 28 Viola Pate Beth Bomar Atkins Junior High School 29 Lois Hodges Linda Robinson Stewart Elementary School 30 Gladys Maynard Wilma Watkins Posey Elementary School 40/85 Jesse C. Rodriguez Carlota Ramos Mackenzie Junior High School 47 Deborah Roddy Tom Nystel Murfee Elementary School 48 TO BE FILLED Mildred Basinger Texas Tech University Center 49/50/95/98 Charlotte Spinks (E) Yolanda Jones (E) All Saints Episcopal School 52 Harvey Madison Frank Millican (E) Lubbock Christian University 53/57/96 TO BE FILLED TO BE FILLED Honey Elementary School 54 J. D. Pendley Virginia Lewis Preston Smith Elementary School 55/78 Arlie Larramore Elayne Cornett Fire Station #13 58 Joyclyn O'Steen (E) Tommy Jones (E) Hardwick Elementary School 59 Ted Hayes Betty Snodgrass Evans Junior High School 60 Dr. Neale Pearson (E) James L. Freeman Williams Elementary School 61 A.C. Bowden Josephine Bowden Whiteside Elementary School 62 James Blake Desi Pesina, Jr. Wayland Baptist University 66 Norma Buchanan Debbie Strong (E) Fire Station #14 67/94 James Trammell Kirby Scudder Broadview Baptist Church 71 Jaime Garcia Alice Northcutt (E) Frenship Northridge Elementary School 72 Doris F. Bines (E) Billie Thigpen (E) Frenship Crestview Elementary School 73 Judy Lynn Self TO BE FILLED Godeke Library 74 Jane Lawrence (E) Mary Uland (E) Cumberland Presbyterian Church 75 Harley Sandner Joe Bonner Reese Elementary School 76/92 Lloyd Edwards Nancy Edwards Early Voting-- Betty Johnson, City Secretary City Hall City of Lubbock Early Voting-- Nita Hibler South Plains Mall 6002 Slide Road Early Voting -- Alderson Jr. High Early Voting -- Texas Tech University Center EARLY VOTING BALLOT BOARD JUDGE: Don Shores 219 Walnut Jim Freeman CENTRAL COUNTING COMMITTEE: EARLY VOTING CLERK: Joy Lambert Ann Davidson, Presiding Judge County Clerk, Lubbock County, Texas Bill McCullough Director of Computer Services Lubbock County, Texas Tom Tuning Manager of Information Services City of Lubbock, Texas Betty Johnson City Secretary City of Lubbock, Texas CITY OF LUBBOCK COUNTY OF LUBBOCK § STATE OF TEXAS § AFFIDAVIT Before me, the undersigned authority, a Notary Public in and for Lubbock County, Texas, personally appeared Betty M. Johnson, who, being by me duly sworn, deposed as follows: My name is Betty M. Johnson, I am of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated: I am the custodian of the records of the City Secretary's Office for the City of Lubbock, Texas. Attached hereto is Resolution No. 4223, consisting of two (2) pages, from the official records of the City of Lubbock. The Notice of the Special City Council Meeting to be held August 17, 1993 to canvass the votes resulting from the August 14, 1993 Special Election was posted on the 14th day of August, 1993 at 7:00 a.m. These two (2) pages of records are kept by me as City Secretary in the regular course of business, and it was the regular course of business of the City Secretary of the City of Lubbock, Texas or an employee or representatives of the City Secretary of the City of Lubbock, Texas, with knowledge of the act, event, condition, opinion, or diagnosis recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the time or reasonably soon thereafter. The records attached hereto are the original or exact duplicates of the original. �,, , � c,�,--) — Affiant Betty M. Johnson, who is known to me to be the person whose name is subscribed to the foregoing instrument, acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 24th day of August, 1993. (se919 BEATRICE CERVANTEZ Notary P,iWStale of Tennmyc011'Wo Expim 10-17-96 Notary Public, State of Te s My commission expires: 10-17-96 August 17, 1993 �J Item #3 A RESOLUTION CANVASSING THE RETURNS AND DECLARING THE RESULT OF THE SPECIAL CITY ELECTION HELD AUGUST 14, 1993, PURSUANT TO CITIZEN PETITION UNDER SECTION 4A(k) OF V.A.C.S. ARTICLE 5190.6 CALLING FOR THE DISSOLUTION OF THE LUBBOCK DFAS FINANCE ANDDEVELOPMENT CORPORATION. BE IT REMEMBERED THAT on the 17th day of August, 1993, the City Council of the City of Lubbock met at 10:00 o'clock a .m. at the regular meeting place of the City Council in the -Uty of Lubbock Municipal Building with the following members present, to -wit: Mayor David R. Langston Mayor Pro Tem Randy Neugebauer T. J. Patterson Alex "Ty" Cooke Max Ince On motion of Randy Neugebauer , seconded by T. J. Patterson , it is unanimously came tat t e returns of the Special City Election held August 14, 1993, pursuant to citizen petition under Section 4A(k) of V.A.C.S. Article 5190.6 for the dissolution of the Lubbock DFAS Finance and Develpment Corporation, as provided by law, be opened and canvassed, and the results of the election be declared therefrom; and said returns having been duly canvassed, it is found that the votes on the proposition are as follows: PROPOSITION VOTES RECEIVED "Dissolution of the Lubbock DFAS Finance and Development Corporation." FOR: 11,201 AGAINST: 2,682 TOTAL VOTES CAST: 13,883 And it further appearing that said election was duly held as provided by law; NOW THEREFORE: IT IS HEREBY FOUND, DECLARED AND CERTIFIED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT a majority of the qualified voters of the City of Lubbock voting in said special election are in favor of dissolution (dissolution or continuation) of the Lubbock finance and velopment Corporation. PASSED, APPROVED AND ADOPTED ON MOTION OF Randy Neugebauer , SECONDED BY T. J. Patterson THIS 17thDAY OF AUGUST, 1993, BY THE FOLLOWING VOT : COUNCIL MEMBERS VOTING AYE: Mayor David R. Langston Mayor Pro Tem Randy Neugebauer T. J. Patterson Max Ince Alex "Tv" Cooke ATTEST: etty o son, City Secretary APPROVED AS TO FORM: Z4 m 06nald G. Vandiver, First Assistant City Attorney DGV:ds/AGENDA-D1/DFAS.res August 10. 1993 - 2 - COUNCIL MEMBERS VOTING NAY: None