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Home My WebLink AboutCC 2020-11-16 Agendas k4Ft, D HILLS CITY OF NORTH RICHLAND HILLS CITY COUNCIL AGENDA 4301 CITY POINT DRIVE NORTH RICHLAND HILLS, TX 76180 MONDAY, NOVEMBER 16, 2020 SPECIAL MEETING: 8:30 A.M. Held in the City Hall Council Chambers A. CALL TO ORDER A.1 INVOCATION - ASSOCIATE MAYOR PRO TEM ORR A.2 PLEDGE - ASSOCIATE MAYOR PRO TEM ORR A.3 CITIZENS PRESENTATION An opportunity for citizens to address the City Council on matters which are not scheduled for consideration by the City Council or another City Board or Commission at a later date. In order to address the City Council during citizens presentation, a Public Meeting Appearance Card must be completed and presented to the City Secretary prior to the start of the City Council meeting. A.4 PUBLIC COMMENTS An opportunity for citizens to address the City Council on matters which are scheduled on this agenda for consideration by the City Council, but not scheduled as a public hearing. In order to address the City Council during public comments, a Public Meeting Appearance Card must be completed and presented to the City Secretary prior to the start of the City Council meeting. B. GENERAL ITEMS B.1 Approve esolution No. 2020-043, canvassing the results of the November 3, 2020 Special Election. Monday, November 16, 2020 City Council Agenda Page 1 of 2 C. ADJOURNMENT Certification I do hereby certify that the above notice of meeting of the North Richland Hills City Council was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on Thursday, November 12, 2020 by 5:00 PM. City Secretary This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Monday, November 16, 2020 City Council Agenda Page 2 of 2 "I r*4W NOLa`C`H KIC"HLAND HILLS CITY COUNCIL MEMORANDUM FROM: The Office of the City Manager DATE: November 16, 2020 SUBJECT: Consider Resolution No. 2020-043, canvassing the results of the November 3, 2020 special election for the design, construction, reconstruction and rehabilitation of streets, roads, sidewalks, trails and related utility and drainage improvements in an amount not to exceed $49,875,000.00. PRESENTER: Alicia Richardson, City Secretary GENERAL A special election was held on November 3, 2020 for the purpose of authorizing the issuance of general obligation bonds in the aggregate principal amount of not more than $49,875,000. The voters' overwhelmingly approved the city's street bond program. City Council will consider Resolution No. 2020-043, accepting and canvassing the official results of the November 3, 2020 special election. GENERAL DESCRIPTION: The City Council, at its February 10, 2020 meeting, approved Resolution No. 2020-006. The resolution called a special election for the purpose of authorizing the issuance of general obligation bonds in the aggregate principal amount of not more than $49,875,000, to be held on May 2, 2020. On March 18, 2020, Governor Abbott issued a proclamation suspending Sections 41.0052(a) and (b) of the Texas Election Code to the extent necessary to allow political subdivisions to move their general or special elections to be held on May 2, 2020 to the next uniform election date—November 3, 2020. Subsequently, on March 23, 2020, City Council approved Resolution No. 2020-015 to move the special election to November 3, 2020. The Texas Election Code requires the City Council convene to canvass the results of the election. The unofficial results received from Tarrant County Elections are posted on their website and are as follows: "I r*4W NOLa`C`H KIC"HLAND HILLS PROPOSITION A FOR AGAINST Early Votes (including mail 23,086 5,916 ballots) Election Day Votes 2,424 884 TOTAL 25,510 6,800 As of the writing of this memorandum, Tarrant County is certifying provisional ballots cast during the election. The preliminary results as identified above could potentially change prior to canvass. If the ballots are returned in accordance with state law and the Early Voting Ballot Board certifies the ballots, the unofficial results will be updated to reflect any changes. Should there be any changes; City Council will be provided the revised unofficial results and a revised resolution prior to the canvass. RECOMMENDATION: Approve Resolution No. 2020-043. RESOLUTION NO. 2020-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE NOVEMBER 3, 2020 SPECIAL ELECTION; AND OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the City Council (the "Council') of the City of North Richland Hills, Texas (the "City") previously ordered an election to be held on November 3, 2020 for the purpose of determining whether the resident, qualified voters of the City would authorize the issuance of general obligation bonds by the City; and WHEREAS, it is hereby found and determined that notice of the election was duly given in the form, manner and time required by law, and such election was in all respects legally held and conducted in accordance with applicable laws of the State of Texas and the proceedings calling and governing the holding of such election; and WHEREAS, the Council hereby canvasses the returns of this election, at which there was submitted to all resident, qualified voters of the City for their action thereupon, the following proposition: PROPOSITION A "Shall the City Council of the City of North Richland Hills, 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 $49,875,000 for the purpose of designing, acquiring, constructing, renovating, improving, upgrading, updating, and equipping City streets, roads, and intersections, and related curb, gutter, sidewalk, trail, drainage and utility infrastructure improvements, demolition, repair, and rebuilding of existing streets, completing necessary or incidental utility relocation and drainage in connection with the foregoing and the acquisition of land, easements, rights- of-way, and other real property interests necessary therefor or incidental 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 such 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 such 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 the 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?"; and Resolution No. 2020-043 Page 1 of 4 WHEREAS, the Council has diligently inquired into the poll lists and the official election returns which were duly and lawfully provided to the Council by the judges, clerks and administrator holding and conducting such election; the poll lists and the official election returns showing separately the votes cast in the election; and WHEREAS, from these returns, the Council hereby finds that the following votes were cast in the election by voters who were resident, qualified voters of the City: PROPOSITION A "THE ISSUANCE OF $49,875,000 OF CITY OF NORTH RICHLAND HILLS, TEXAS GENERAL OBLIGATION BONDS FOR STREETS, ROADS, SIDEWALKS, TRAILS AND RELATED UTILITY AND DRAINAGE IMPROVEMENTS, THE ACQUISITION OF REAL PROPERTY NECESSARY OR INCIDENTAL FOR SUCH PURPOSES AND THE LEVYING OF TAXES SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS WILL BE IMPOSED" For Against Early Votes (including mail 237086 57917 ballots) Election Day Votes 27429 886 TOTAL 25,515 6,803 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HEREBY FINDS, DECLARES AND RESOLVES THAT: SECTION 1: A MAJORITY of the resident, qualified voters of the City voting in such election, having voted FOR the authorization and issuance of the bonds and the levy and pledge of the tax in payment thereof as provided in Proposition A, the Council hereby finds and determines that Proposition A carried at the election, that the election was duly called, that proper notice was given, that the election was held in all aspects in conformity with the law, and that the Council is hereby accordingly authorized to issue the bonds and to levy the tax in accordance with the authority granted in the Proposition and applicable law. SECTION 2: The Council officially finds, determines, and declares that the election was duly and properly ordered, that proper legal notice of such election was duly given, that proper election officers were duly appointed prior to the election, that the election was duly and legally held, that all resident, qualified voters of the City were permitted to vote at the election, that due returns of the results of the election have been made and delivered, and that the Council has duly canvassed such returns, all in accordance with the laws of the State of Texas and the United States of America, and the order calling the election. Resolution No. 2020-043 Page 2 of 4 SECTION 3: 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 4: 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 resolved herein. SECTION 5: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 6: 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 the Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 7: 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 8: This Resolution shall be in force and effect from and after its final passage and it is so resolved. [remainder of page left blank intentionally] Resolution No. 2020-043 Page 3 of 4 PASSED, ADOPTED AND APPROVED on November 16, 2020. CITY OF NORTH RICHLAND HILLS, TEXAS Oscar Trevino, Mayor ATTEST: Alicia Richardson, City Secretary APPROVED AS TO FORM AND LEGALITY: Maleshia B. 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IIIII I.i..11llll.11llllll IIIIIIIIIIIIIIIIIII IIVI IIIII l CountyI� U Tarrant IIIIIIIIII IIlIllllll� II I� l Stititi I I III II�IIII III II ll I ll I Joint General and �Special Elections 11 3 2020 Il�lli ��Id�" , lu li I� IIII�u I � Page l 9 II�IIIIIIIIIIIIIIIIII�IIIIIII IIIII�IIIIIIIIIIII�� IIIIIIIIIIIIIIII IIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII� City of North Richland Hills Proposition A Choice Party Absentee Voting Early Voting Election Day Voting Total For 1,938 82.08% 21,148 79.38% 2,429 73.27% 25,515 78.95% Against 423 17.92% 5,494 20.62% 886 26.73% 6,803 21.05% Cast Votes: 2,361 100.00% 26,642 100.00% 3,315 100.00% 32,318 100.00% Undervotes: 258 1,258 214 1,730 Overvotes: 0 0 0 0 *** End of report ***