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HomeMy WebLinkAboutResolution - 2009-R0504 - Canvassing Returns And Declaring Results Of A Bond Election - 11/12/2009Resolution No. 2009—RO504 November 12, 2009 Item No. 2.5 A RESOLUTION CANVASSING RETURNS AND DECLARING THE RESULTS OF A BOND ELECTION HELD IN THE CITY OF LUBBOCK, TEXAS, ON NOVEMBER 3, 2009 WHEREAS, the City Council (the "City Council") of City of Lubbock, Texas (the "City"), duly authorized a bond election (the "Election") to be held within the City on November 3, 2009, for the purpose of submitting to the resident qualified electors of the City the propositions hereinafter set forth; and WHEREAS, the City Council has investigated all matters pertaining to the Election, including the ordinance calling the Election, giving notice, appointing officers, holding and making returns of the Election; the election officers who held the Election have duly made the returns of the results thereof; and said returns have been duly delivered to the City Council for official canvassing of the returns thereof; and WHEREAS, upon the consideration of the returns of the Election, it is hereby found and determined that the same was held in accordance with the authorizing proceedings and was in all respects legally held after due notice had been given, and the returns duly and legally made, and other instruments, showed the following results: PROPOSITION NO. 1 "Shall the City Council of the City of Lubbock, Texas, be authorized to issue general obligation bonds of the City in the amount of $43,085,000 for the purpose of providing funds for permanent public improvements, to wit: to acquire, construct and reconstruct street improvements, including but not limited to sidewalks, utility line relocation and traffic signalization, necessary and related storm drainage facilities and the acquisition of land and rights-of-way therefor; said bonds to mature serially over a period of not to exceed forty (40) years from their date, to be issued in such installments and sold at any price or prices and to bear interest at any rate or rates as shall be determined within the discretion of the City Council under laws in effect at the time of issuance, and to provide for the payment of the principal of and interest on said bonds by levying a tax sufficient to pay the annual interest on and to create a sinking fund sufficient to redeem said bonds as they become due"?" US 1270290 11,991 VOTES FOR 6,628 VOTES AGAINST PROPOSITION NO. 2 "Shall the City Council of the City of Lubbock, Texas, be authorized to issue general obligation bonds of the City in the amount of $7,500,000 for the purpose of providing funds for permanent public improvements, to wit: to construct, acquire and improve firefighting facilities and equipment, including the acquisition of land and interest in land in connection therewith; said bonds to mature serially over a period of not to exceed forty (40) years from their date, to be issued in such installments and sold at any price or prices and to bear interest at any rate or rates as shall be determined within the discretion of the City Council under laws in effect at the time of issuance, and to provide for the payment of the principal of and interest on said bonds by levying a tax sufficient to pay the annual interest on and to create a sinking fund sufficient to redeem said bonds as they become due?" PROPOSITION NO. 3 "Shall the City Council of the City of Lubbock, Texas, be authorized to issue general obligation bonds of the City in the amount of $1,200,000 for the purpose of providing funds for permanent public improvements, to wit: to construct, acquire and improve water recreation and related park facilities, including the acquisition of land and interests in land in connection therewith; said bonds to mature serially over a period of not to exceed forty (40) years from their date, to be issued in such installments and sold at any price or prices and to bear interest at any rate or rates as shall be determined within the discretion of the City Council under laws in effect at the time of issuance, and to provide for the payment of the principal of and interest on said bonds by levying a tax sufficient to pay the annual interest on and to create a sinking fund sufficient to redeem said bonds as they become due?" 127029v.2 14,030 VOTES FOR 4,584 VOTES AGAINST 7,614 VOTES FOR 10,968 VOTES AGAINST PROPOSITION NO.4 "Shall the City Council of the City of Lubbock, Texas, be authorized to issue general obligation bonds of the City in the amount of $9,000,000 for the purpose of providing funds for permanent public improvements, to wit: to construct, acquire, improve and equip soccer facilities for the youth sports complex, including the acquisition of land and interests in land in connection therewith; said bonds to mature serially over a period of not to exceed forty (40) years from their date, to be issued in such installments and sold at any price or prices and to bear interest at any rate or rates as shall be determined within the discretion of the City Council under laws in effect at the time of issuance, and to provide for the payment of the principal of and interest on said bonds by levying a tax sufficient to pay the annual interest on and to create a sinking fund sufficient to redeem said bonds as they become due?" 7,778 VOTES FOR 10,883 VOTES AGAINST TOTAL BALLOTS CAST IN ELECTION: 19,013 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS THAT: Section 1. All of the recitals contained in the preamble of this Resolution are found to be true and are adopted as findings of fact by the City Council and as part of its judgment. Section 2. It is found and determined that the results of the Election as canvassed and tabulated in the preamble hereof reflect the expressed desires of the electors. Based on the results of the Election, the City is authorized to issue its bonds with respect to Propositions No. 1 and 2 in accordance with applicable law. Propositions No. 3 and 4 having received less than a majority vote in favor thereof, no bonds shall be issued for the purposes described therein. Section 3. This Resolution shall take effect immediately upon its passage and approval. US 127029v.2 PRESENTED, FINALLY PASSED AND APPROVED, AND EFFECTIVE on the 12th day of November, 2009, at a special meeting of the City Council of the City of Lubbock, Texas. TOM MARTIN, Mayor ATTEST: REB CA GARZA, City Secre [SEAL] APPROVED AS TO FORM: LINDA CHAMALES, Economic Development Attorney 127029v.2