Ordinance No. 20-2218

AN ORDINANCE ordering a bond election to be held on the 1ST day of may, 2021, in the city of LAKE JACKSON, bRAZORIA county, texas; making provision for the holding of thE election; AND PROVIDING FOR AN EFFECTIVE DATe.

WHEREAS, the City Council of the City of Lake Jackson, Texas (the “City”) wishes to call a bond election for May 1, 2021 (the “Election”) and finds that the Election is in the public interest;

WHEREAS, the governing bodies of numerous other local political subdivisions situated in Brazoria County, Texas (the “County”), also intend to call an election for May 1, 2021, and certain of such entities, and the City, wish to hold a joint election as permitted by the provisions of Section 271.002, Texas Election Code; and

WHEREAS, the City Council of the City (the “City Council”) hereby finds that the Election should be held to determine whether the City Council shall be authorized to issue bonds of the City in the amounts and for the purposes hereinafter identified and that the Election should be held jointly with the County and all other local political subdivisions choosing to participate;

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAKE JACKSON, TEXAS THAT:

Section 1.  The Election shall be held on Saturday, the 1st day of May, 2021, in accordance with the laws of Texas and the provisions of the Charter of the City (the “City Charter”), and the official ballots for the Election shall be prepared in accordance with the Texas Election Code, and at the Election the following PROPOSITIONS shall be submitted in accordance with law:

 

ANIMAL CONTROL FACILITY PROPOSITION 

PROPOSITION A

“Shall the City Council of the City of Lake Jackson, Texas, be authorized to issue bonds of the City in the principal amount of $3,700,000 for the purpose of making permanent public improvements for public purposes, to wit:

Construction of a New Animal Control Facility; Improvements or Remodeling of Existing Animal Control Facility; and/or Participation in Funding a Regional or Joint Animal Control Facility

 

and any and all necessary related improvements incidental thereto including street, drainage, parking, and sidewalk  improvements; replacing water and sewer lines; relocating utilities; street lighting; technology improvements; signage; and acquiring land and rights-of-way necessary; such bonds to mature serially or otherwise not more than twenty-five (25) years from their issued date; and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating, variable, or otherwise) as may be determined within the discretion of said City Council; provided, however, that such interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes on all taxable property in said City sufficient to pay the interest and provide a sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds?”

POLICE DEPARTMENT FACILITIES RENOVATION AND EXPANSION PROPOSITION 


PROPOSITION B

“Shall the City Council of the City of Lake Jackson, Texas, be authorized to issue bonds of the City in the principal amount of $2,400,000 for the purpose of making permanent public improvements for public purposes, to wit:

Renovation and Expansion of the Police Department Facilities

 

and any and all necessary related improvements incidental thereto including street, drainage, parking, and sidewalk  improvements; replacing water and sewer lines; relocating utilities; street lighting; technology improvements; signage; and acquiring land and rights-of-way necessary; such bonds to mature serially or otherwise not more than twenty-five (25) years from their issued date; and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating, variable, or otherwise) as may be determined within the discretion of said City Council; provided, however, that such interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes on all taxable property in said City sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds?”

LIBRARY FLOORING PROPOSITION 


PROPOSITION C

“Shall the City Council of the City of Lake Jackson, Texas, be authorized to issue bonds of the City in the principal amount of $300,000 for the purpose of making permanent public improvements for public purposes, with respect to:

Improvements to Flooring in the Library

 

such bonds to mature serially or otherwise not more than twenty-five (25) years from their issued date; and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating, variable, or otherwise) as may be determined within the discretion of said City Council; provided, however, that such interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes on all taxable property in said City sufficient to pay the interest and provide a sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds?”

 

STREETS AND DRAINAGE PROPOSITION

PROPOSITION D

“Shall the City Council of the City of Lake Jackson, Texas, be authorized to issue bonds of the City in the principal amount of $2,600,000 for the purpose of making permanent public improvements for public purposes, to wit: providing spot street repairs in various locations throughout the City, and providing street, bridge, parking, drainage, and sidewalk  improvements (as well as necessary improvements incidental thereto); relocating utilities; street lighting; signage; and acquiring land and rights-of-way necessary with respect to:

Pin Oak, North Shady Oaks and Forest Oaks Lane

 

such bonds to mature serially or otherwise not more than twenty-five (25) years from their issued date; and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating, variable, or otherwise) as may be determined within the discretion of said City Council; provided, however, that such interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes on all taxable property in said City sufficient to pay the interest and provide a sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds?”

 

STREET AND DRAINAGE PROPOSITION 

PROPOSITION E

“Shall the City Council of the City of Lake Jackson, Texas, be authorized to issue bonds of the City in the principal amount of $12,100,000 for the purpose of making permanent public improvements for public purposes, to wit: constructing, improving, extending, expanding, upgrading and/or developing transportation projects comprised of spot street repairs in various locations throughout the City; and street, bridge, parking, drainage, and sidewalk  improvements (as well as necessary improvements incidental thereto), relocating utilities, street lighting, signage, and acquiring land and rights-of-way necessary with respect to:

Moss, Chestnut, Wisteria and Palm Lane

 

such bonds to mature serially or otherwise not more than twenty-five (25) years from their issued date; and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating, variable, or otherwise) as may be determined within the discretion of said City Council; provided, however, that such interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes on all taxable property in said City sufficient to pay the interest and provide a sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds?”

 

STREETS AND DRAINAGE PROPOSITION 

PROPOSITION F

“Shall the City Council of the City of Lake Jackson, Texas, be authorized to issue bonds of the City in the principal amount of $2,900,000 for the purpose of making permanent public improvements for public purposes, to wit:  constructing, improving, extending, expanding, upgrading and/or developing transportation projects comprised of street and drainage repairs in various locations throughout the City; and asphalt reconstruction and related bridge, parking, drainage, and sidewalk  improvements (as well as necessary improvements incidental thereto), relocating utilities, street lighting, signage, and acquiring land and rights-of-way necessary with respect to:

Willenberg Street, Balsam Street and Sleepy Hollow Subdivision Streets

 

such bonds to mature serially or otherwise not more than twenty-five (25) years from their issued date; and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating, variable, or otherwise) as may be determined within the discretion of said City Council; provided, however, that such interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes on all taxable property in said City sufficient to pay the interest and provide a sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds?”

 

STREET PANEL REPLACEMENT PROPOSITION 

PROPOSITION G

“Shall the City Council of the City of Lake Jackson, Texas, be authorized to issue bonds of the City in the principal amount of $2,500,000 for the purpose of making permanent public improvements for public purposes, to wit: providing for street panel replacement in various locations throughout the City, and providing street, bridge, parking, drainage, and sidewalk  improvements (as well as necessary improvements incidental thereto); relocating utilities; street lighting; signage; and acquiring land and rights-of-way necessary with respect thereto, such bonds to mature serially or otherwise not more than twenty-five (25) years from their issued date; and any issue or series of said bonds to bear interest at such rate or rates (fixed, floating, variable, or otherwise) as may be determined within the discretion of said City Council; provided, however, that such interest shall not exceed the maximum rate per annum authorized by law at the time of the issuance of any issue or series of said bonds; and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, annual ad valorem taxes on all taxable property in said City sufficient to pay the interest and provide a sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds?”

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Section 2.  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:

 

ANIMAL CONTROL FACILITY PROPOSITION 
PROPOSITION A 

FOR                        “the issuance of bonds in the amount of $3,700,000 for the animal control facility AND THE IMPOSITION OF TAXES SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE BONDS”

AGAINST        

 
POLICE 
DEPARTMENT FACILITIES RENOVATION AND EXPANSION PROPOSITION 
PROPOSITION B

FOR                       “the issuance of bonds in the amount of $2,400,000 for police DEPARTMENT FACILITIES renovation and expansion AND THE IMPOSITION OF TAXES SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE bONDS”

AGAINST       

 

LIBRARY FLOORING PROPOSITION 
PROPOSITION C

FOR                        “the issuance of bonds in the amount of $300,000 for flooring in the library AND THE IMPOSITION OF TAXES SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE bONDS”

AGAINST        

 

STREETS AND DRAINAGE PROPOSITION 
PROPOSITION D

FOR                       “the issuance of bonds in the amount of $2,600,000 for SPOT STREET REPAIRS THROUGHOUT THE CITY, AND street AND drainage IMPROVEMENTS At pin oak, north shady oaks, and forest oaks lane, AND THE IMPOSITION OF TAXES SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE bONDS”

AGAINST        

 

STREETS AND DRAINAGE PROPOSITION 
PROPOSITION E

FOR                        “the issuance of bonds in the amount of $12,100,000 for SPOT STREET REPAIRS IN VARIOUS LOCATIONS throughout the city AND STREET AND DRAINAGE IMPROVEMENTS AT MOSS, CHESTNUT, WISTERIA, AND PALM LANE, AND THE IMPOSITION OF TAXES SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE bONDS”

AGAINST        

 

STREETS AND DRAINAGE PROPOSITION 

PROPOSITION F

FOR                        “the issuance of bonds in the amount of $2,900,000 for  STREET AND DRAINAGE REPAIRS IN VARIOUS LOCATIONS THROUGHOUT THE CITY AND asphalt reconstruction AND STREET AND DRAINAGE IMPROVEMENTS AT Willenberg Street, Balsam Street and Sleepy Hollow Subdivision Streets, AND THE IMPOSITION OF TAXES SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE bONDS”

AGAINST        

 

STREET PANEL REPLACEMENT PROPOSITION 

PROPOSITION G

FOR                       “the issuance of bonds in the amount of $2,500,000 for STREET PANEL REPLACEMENT IN VARIOUS LOCATIONS throughout the city, AND THE IMPOSITION OF TAXES SUFFICIENT TO PAY THE PRINCIPAL OF AND INTEREST ON THE bONDS”

AGAINST        

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  Section 3.  In accordance with Section 3.009, Texas Election Code, the City Council makes the following disclosures:

             (a)  The respective proposition language is set forth in Section 1;

             (b)  The respective purposes for which the Bonds are to be authorized are stated in Section 1;

             (c)  The total principal amount of the Bonds to be authorized is $26,500,000;

             (d)  Ad valorem taxes sufficient to pay the principal and interest on the Bonds will be imposed;

             (e)  Based upon the bond market conditions at the date of adoption of this Ordinance, the maximum interest rate for any series of the bonds is estimated to be 3.50%.  Such estimate takes into account a number of factors, including the issue schedule, maturity schedule and the expected bond ratings of the proposed bonds and notes.  Such estimated maximum interest rate is provided as a matter of information, but is not a limitation on the interest rate at which the bonds or notes, or any series thereof, may be sold;

             (f)  The maximum maturity date of the Bonds shall not exceed 25 years;

             (g)  The aggregate amount of the outstanding principal of the City’s ad valorem tax debt obligations is $34,505,000 as of the date this Ordinance is adopted;

             (h)  The aggregate amount of the outstanding interest on ad valorem tax debt obligations of the City is $7,526,894 as of the date this Ordinance is adopted; and

             (i)  The ad valorem tax debt service tax rate for the City is $0.1097 per $100 valuation of the taxable property as of the date this Ordinance is adopted.

             The information provided in this section is solely for purposes of compliance with Section 3.009(b) of the Code and is for illustration purposes only.  The information is not a part of the propositions to be voted on and does not create a contract with the voters.

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Section 4.  The City Council hereby authorizes the Election to be held jointly with other participating political subdivisions located within the County, and authorizes the execution of an agreement with the County, acting through its Elections Administrator, for conduct of the Election as a joint election with the other political subdivisions identified in such agreement (the “Election Contract”).

Pursuant to Section 61.012, Texas Election Code, the Brazoria County Elections Administrator shall provide at least one accessible voting system in each polling place used in the Election.  Such voting system shall comply with Texas and federal laws establishing the requirements for voting systems that permit voters with physical disabilities to cast a confidential or secret ballot.

Section 5.  The Election shall be held in and throughout the City of Lake Jackson, Texas, on May 1, 2021, between the hours of 7:00 am and 7:00 pm.  Election day voting locations are listed in Exhibit A.  Exhibit A shall be modified to include additional or different election day voting locations required to conform to the Election Contract and the Texas Election Code.

Section 6.  Early voting by personal appearance will begin on April 19, 2021 and end on April 27, 2021.  Early voting locations are listed in Exhibit B.  Exhibit B shall be modified to include additional or different early voting locations required to conform to the Election Contract and the Texas Election Code.

Section 7.  Electors may cast their early vote by mail, and the early voting clerk’s mailing address to which ballot applications and ballots voted by mail shall be sent to, is as follows:

Ms. Lisa Mujica, Election Director

Brazoria County Clerk’s Office

111 East Locust, Suite 200

Angleton, Texas  77515

Attention:  Early Voting Clerk

 

Section 8.  (a) Notice of the Election shall be given by posting a copy of this Ordinance, both in English and in Spanish, at three (3) public places in the City and also at the City Hall (on the bulletin board used for posting notice of public meetings), not less than 21 days prior to the date set for the Election; and a substantial copy of this Ordinance also shall be published, both in English and in Spanish, on the same day in each of two successive weeks in a newspaper of general circulation published in the City, the date of the first publication to be not less than 10 nor more than 30 days prior to the date set for the Election.

(b)  On Election day and during early voting by personal appearance, this Ordinance shall be posted in a prominent location at each polling place.

            (c)  During the 21 days before the election, the Notice of Election, this Ordinance, and any sample ballot prepared for the Election shall be posted prominently on the City’s Internet website.

Section 9.  The form of Voter Information Document for each proposition is attached hereto as Exhibit C.  Each Voter Information Document shall be posted in the same manner as is required for the posting of this Ordinance, pursuant to the provisions of Section 4.003(f), Texas Election Code.

Section 10.  All resident qualified electors of the City shall be permitted to vote at the Election and on the day of the Election, such electors shall vote at the designated polling places.  The Election shall be held and conducted in accordance with the provisions of the Texas Election Code, the City Charter, and the Federal Voting Rights Act and the provisions of the Texas Government Code, and as may be required by any other law.  All Election materials and proceedings shall be printed in both English and Spanish.

Section 11.  If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance, for it is the definite intent of the Council that every section, paragraph, subdivision, clause, phrase, work, or provision hereof be given full force and effect for its purpose.

 


PASSED AND APPROVED on first reading this 1st day of February, 2021.

PASSED AND ADOPTED on second and final reading on, and effective as of, this 8th day of February, 2021.

                                                                        CITY OF LAKE JACKSON, TEXAS

                                                                                   SIGNATURE ON FILE     

                                                                        Mayor
ATTEST:

       SIGNATURE ON FILE       
City Secretary


(CITY SEAL)