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HomeMy WebLinkAboutResolution 2020-043RESOLUTION 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 ballots) 23,086 5,917 Election Day Votes 2,429 886 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 this November 16, 2020. CITY OF NORTH RICHLAND HILLS, TEXAS (irwBy: Oscar T o, Mayor ATTEST: Alicia Richardson; City Secretary/Chief Gorr APPROVED AS TO FORM AND LEGALITY: Maleshia B. McGinnis, City Attorney Resolution No. 2020-043 Page 4 of 4 Tarrant County Joint General and Special Elections 11/3/2020 Page 1 RCity of North Richland Hills Proposition A i 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%o Against 423 17.92% 5,494 20.62% 886 26.73% i 6,803 21.05%i I Cast Votes: 2,361 100.00% 26,642 100.00% 3,315 100.00% 32,318 100.00%j Undervotes: 258 1,258 214 1,730 Overvotes: 0 0 0 0 +; *** End of report ***