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HomeMy WebLinkAbout031505 ORD - 08/14/2018 • CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI § THE UNDERSIGNED.HEREBY CERTIFIES that: On the 14th day of August, 2018, the City Council (the Council) of the City of Corpus Christi, Texas (the City) convened in regular session at its regular meeting place in the City Hall of the City (the Meeting), the duly constituted members of the Council being as follows: Joe McComb Mayor Paulette M. Guajardo Councilmember Michael T. Hunter Councilmember Debbie Lindsey-Opel Councilmember Everett Roy Councilmember Ben Molina Councilmember Lucy Rubio Councilmember Greg Smith Councilmember Rudy Garza, Jr. Councilmember and all of such persons were present at the Meeting, except the following: thus constituting a quorum. Among other business considered at the Meeting, the attached ordinance (the Ordinance): Ordering a special election to be held on November 6, 2018, in the City of Corpus Christi, on the questions of authorizing bond issuances of the City supported by ad valorem taxes; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for the establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance was introduced and submitted to the Council for passage and adoption. After presentation and discussion of the Ordinance, a motion was made by Councilmemberb O J that the Ordinance be finally passed and adopted in accordance with the City's Home Ru e C arter. The motion was seconded by Councilmember J uv i k/ and carried by the following vote: qvoted"For" voted"Against" 0 J abstained all as shown in the official Minutes of the Council for the Meeting. 73147611.1 INDEXED The attached Ordinance is a true and correct copy of the original on file in the official records of the City; the duly qualified and acting members of the Council on the date of the Meeting are those persons shown above, and, according to the records of my office, each member of the Council was given actual notice of the time, place, and purpose of the Meeting and had actual notice that the Ordinance would be considered; and the Meeting and deliberation of the aforesaid public business, was open to the public and written notice of said meeting, including the subject of the Ordinance, was posted and given in advance thereof in compliance with the provisions of Chapter 551, as amended, Texas Government Code. IN WITNESS WHEREOF, I have signed my name officially and affixed the seal of the City, this 14th day of August, 2018. Rebecca L. Huerta City Secretary City of Corpus Christi (CITY SEAL) [Signature Page to City of Corpus Christi Certificate of Secretary to Bond Election Order] ORDINANCE Ordering a special election to be held on November 6, 2018, in the City of Corpus Christi, on the questions of authorizing bond issuances of the City supported by ad valorem taxes; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for the establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance * * * * * * * * * * * * * * * * * * * * * * WHEREAS, the City Council (the Council) of the CITY OF CORPUS CHRISTI, TEXAS (the City), located in Nueces,Aransas,Kleberg, and San Patricio Counties,Texas, hereby finds and determines that an election should be held to determine whether the Council shall be authorized to issue general obligation bonds of the City in the amounts and for the purposes hereinafter identified (the Special Election);and WHEREAS, the City will conduct the Special Election jointly with Nueces County (the County) and with other political subdivisions (such other political subdivisions, collectively, the Participants) for whom the County is also conducting their elections, as provided pursuant to the provisions of one or more joint election agreements or contracts among the City, the County, and the Participants, entered into in accordance with the provisions of Section 271.002 of the Texas Election Code, as amended (the Election Code),or other applicable law; and WHEREAS, pursuant to the aforementioned joint election agreement, the County will conduct all aspects of the Special Election on the City's behalf; and WHEREAS, the Council hereby finds and determines that it is in the best interests of the City to enter into one or more election agreements or contracts with the County and the Participants to conduct the Special Election in accordance with the laws of the State of Texas (the State) and applicable federal laws; and WHEREAS, the Council hereby fmds and determines that the necessity to construct various capital improvements within the City necessitates that it is in the public interest to call and hold the Special Election at the earliest possible date to authorize the issuance of general obligation bonds for the purposes hereinafter identified; and WHEREAS, concurrently with the Special Election (and as a joint election with the County and any other Participants), the City will, pursuant to the City Charter of the City and by separate ordinance adopted by the Council on the date hereof, conduct its regular City election for Mayor and members of the Council(along with any necessary runoff election)(such regular election,the General Election);and WHEREAS, after full review and consideration of each project listed under all of the propositions described below (City of Corpus Christi Propositions A, B, C, D, E and F), the Council hereby fmds and determines that each project is necessary for a public purpose and is in the best interests of the City and the residents of the City; and WHEREAS, the Council hereby finds and determines that the actions hereinbefore described are in the best interests of the qualified voters of the City;now,therefore, -1- 031505 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The Special Election shall be held in the CITY OF CORPUS CHRISTI, TEXAS on the 6th day of November, 2018 (Election Day), which is a uniform election date under the Election Code, and is not less than seventy-eight (78) days nor more than ninety (90) days from the date of the adoption of this ordinance (the Ordinance), for the purpose of submitting the following propositions (collectively,the Propositions)to the qualified voters of the City: CITY OF CORPUS CHRISTI PROPOSITION A "Shall the City Council of the City of Corpus Christi, Texas be authorized, in accordance with applicable law, to issue and sell one or more series of general obligation bonds of the City, in the aggregate principal amount of not more than $52,000,000, with such series or issues of bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, constructing, renovating, improving, reconstructing, restructuring and extending streets and thoroughfares and related land and right-of-way sidewalks, streetscapes, collectors, drainage, landscape, signage, acquiring lands and rights-of- way necessary thereto or incidental therewith(but specifically excluding related City utility costs, which are the responsibility of the City's utility system), with priority given to the following street projects: — Leopard Street,generally from Nueces Bay Boulevard to Palm Drive — Calallen Drive,generally from Red Bird Lane to Burning Tree Lane — Callicoatte Road,generally from IH 37 Access Road to Up River Road — Beach Avenue, generally from E Causeway Boulevard to dead end at Gulfbreeze Boulevard — North Beach Area Primary Access, generally from Beach & Timon to Surfside Intersection — North Beach Gulfspray Avenue Pedestrian and Bicycle Access, generally from beach access to E Causeway Boulevard — North Beach Coastal Protection — South Staples Street,generally from Baldwin Boulevard to Kostoryz Road — Brawner Parkway,generally from Carroll Lane to Kostoryz Road — Swantner Drive,generally from Indiana Avenue to Texan Trail — Gollihar Road,generally from Greenwood Drive to Crosstown Expressway — Frio Street/Hacala Street/Dorado Street Corridor, generally from Greenwood Drive to Martin Street — Laguna Shores Road, generally from Graham Road to South Padre Island Drive — Laguna Shores Road, generally from Caribbean Drive to Hustlin' Hornet Drive — Lipes Boulevard,generally from Yorktown Boulevard to Sun Wood Drive — Wooldridge Road, generally from Everhart Road to Cascade Drive — Strasbourg Drive, generally from Riom Street to Grenoble Drive — Residential Street Rebuild Program — TXDOT Participation/Traffic Congestion Management -2- — Traffic Signal Improvements — Street Lighting Improvements — Alternative Mobility Improvements — ADA Improvements and in providing for the above public improvements, the City Council shall have the option to(i)utilize other funds available for such purposes and(ii)abandon such indicated public improvements that are reliant, in part, on external sources of funding that (for whatever reason) do not materialize or because unforeseen changes in fact or circumstance make the anticipated expenditure no longer wise or necessary (as determined by the City Council), and after making due provision for the improvements listed above or determining that the public improvement project will not proceed for a reason heretofore described, the City Council may, in its discretion, use any excess funds for constructing, reconstructing, restructuring, and extending other streets and thoroughfares and related land and right-of-way sidewalks, streetscapes, collectors, drainage, landscape, signage, acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City's utility system); and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, within the limitations prescribed by law, annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds?" CITY OF CORPUS CHRISTI PROPOSITION B "Shall the City Council of the City of Corpus Christi, Texas be authorized, in accordance with applicable law, to issue and sell one or more series of general obligation bonds of the City, in the aggregate principal amount of not more than $22,000,000, with such series or issues of bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, constructing, renovating, improving, reconstructing, restructuring and extending streets and thoroughfares and related land and right-of-way sidewalks, streetscapes, collectors, drainage, landscape, signage, equipment storage facilities, acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City's utility system),with priority given to the following street projects: — Downtown Pedestrian Safety Improvements — Downtown Lighting Improvements — North Lexington Boulevard, generally from Hopkins Road to Leopard Street — Everhart Road, generally from South Padre Island Drive to McArdle Road — Alameda Street,generally from Louisiana Street to Chamberlain Street — McArdle Road,generally from Carroll Lane to Kostoryz Road — Castenon Street, generally from Trojan Drive to Delgado Street — Junior Beck Drive, generally from dead end to Bear Lane — JFK Causeway Access Road Improvement -3- — Airline Road, generally from South Padre Island Drive to McArdle Road — Laguna Shores Road, generally from Mediterranean Drive to Wyndale Street — South Oso Parkway, generally from South Staples Street to South Oso Parkway — Long Meadow Drive, generally from Hunt Drive to St Andrews Drive — Other street and utility construction projects with third-party participation in accordance with State law and in providing for the above public improvements,the City Council shall have the option to(i)utilize other funds available for such purposes and(ii)abandon such indicated public improvements that are reliant, in part, on external sources of funding that (for whatever reason)do not materialize or because unforeseen changes in fact or circumstance make the anticipated expenditure no longer wise or necessary(as determined by the City Council), and after making due provision for the improvements listed above or determining that the public improvement project will not proceed for a reason heretofore described, the City Council may, in its discretion, use any excess funds for constructing, reconstructing, restructuring, and extending other streets and thoroughfares and related land and right-of- way sidewalks, streetscapes, collectors, drainage, landscape, signage, equipment storage facilities,acquiring lands and rights-of-way necessary thereto or incidental therewith(but specifically excluding related City utility costs, which are the responsibility of the City's utility system); and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected,within the limitations prescribed by law,annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds?" CITY OF CORPUS CHRISTI PROPOSITION C "Shall the City Council of the City of Corpus Christi,Texas be authorized, in accordance with applicable law, to issue bonds of the City, in one or more series or issues and in the aggregate principal amount of $5,630,000, with such series or bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, constructing, renovating, improving, expanding, and equipping City parks and recreation facilities,with priority given to the following projects: — Senior Centers — Recreation Centers — Park System Playgrounds — Oso Pool Aquatics Center — Greenwood Sports Complex — Cole Park and Dimitt Piers — Other parks and recreation projects with third-party participation and in providing for the above public improvements, the City Council shall have the option to(i)utilize other funds available for such purposes and(ii)abandon such indicated public improvements that are reliant, in part, on external sources of funding that (for -4- whatever reason)do not materialize or because unforeseen changes in fact or circumstance make the anticipated expenditure no longer wise or necessary (as determined by the City Council), and after making due provision for the improvements listed above or determining that the public improvement project will not proceed for a reason heretofore described, the City Council may, in its discretion, use any excess funds for designing, constructing, renovating, improving, expanding, and equipping City parks and recreation facilities; and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, within the limitations prescribed by law, annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds?" CITY OF CORPUS CHRISTI PROPOSITION D "Shall the City Council of the City of Corpus Christi,Texas be authorized, in accordance with applicable law, to issue bonds of the City, in one or more series or issues and in the aggregate principal amount of $3,878,000, with such series or bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, renovating,improving,expanding,and equipping City libraries and cultural facilities,with priority given to the following projects: — Libraries — Museum of Science and History — Art Museum of South Texas — Heritage Park Historical Houses and in providing for the above public improvements, the City Council shall have the option to(i)utilize other funds available for such purposes and(ii)abandon such indicated public improvements that are reliant, in part, on external sources of funding that (for whatever reason)do not materialize or because unforeseen changes in fact or circumstance make the anticipated expenditure no longer wise or necessary (as determined by the City Council), and after making due provision for the improvements listed above or determining that the public improvement project will not proceed for a reason heretofore described, the City Council may, in its discretion, use any excess funds for designing, constructing, renovating, improving, expanding, and equipping City library and cultural facilities; and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, within the limitations prescribed by law, annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds? CITY OF CORPUS CHRISTI PROPOSITION E "Shall the City Council of the City of Corpus Christi,Texas be authorized, in accordance with applicable law, to issue bonds of the City, in one or more series or issues and -5- in the aggregate principal amount of $11,343,000, with such series or bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, constructing, renovating, improving, expanding, upgrading and equipping City public safety facilities, with priority given to the following projects: — Police Radio Communication System — Police Headquarters — Police Substations — Fire Headquarters & Emergency Operations Center — EMS Central Building — Fire Department Warehouse — Fire Stations and in providing for the above public improvements, the City Council shall have the option to(i)utilize other funds available for such purposes and(ii)abandon such indicated public improvements that are reliant, in part, on external sources of funding that (for whatever reason)do not materialize or because unforeseen changes in fact or circumstance make the anticipated expenditure no longer wise or necessary (as determined by the City Council), and after making due provision for the improvements listed above or determining that the public improvement project will not proceed for a reason heretofore described, the City Council may, in its discretion, use any excess funds for designing, constructing, renovating, improving, expanding, and equipping City public safety facilities; and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, within the limitations prescribed by law, annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds? CITY OF CORPUS CHRISTI PROPOSITION F "Shall the City Council of the City of Corpus Christi, Texas be authorized, in accordance with applicable law, to issue bonds of the City, in one or more series or issues and in the aggregate principal amount of $1,149,000, with such series or bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, renovating,improving,expanding,and equipping City public health facilities,with priority given to the following projects: — Health Department Building -6- and in providing for the above public improvements, the City Council shall have the option to(i)utilize other funds available for such purposes and(ii)abandon such indicated public improvements that are reliant, in part, on external sources of funding that (for whatever reason)do not materialize or because unforeseen changes in fact or circumstance make the anticipated expenditure no longer wise or necessary (as determined by the City Council), and after making due provision for the improvements listed above or determining that the public improvement project will not proceed for a reason heretofore described, the City Council may, in its discretion, use any excess funds for designing, constructing, renovating, improving, expanding, and equipping City public health facilities; and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, within the limitations prescribed by law, annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds? SECTION 2. The official ballot shall be prepared in accordance with the Election Code, as amended, so as to permit voters to vote "FOR" or "AGAINST" the aforesaid propositions which shall appear on the ballot substantially as follows: City of Corpus Christi Proposition A The issuance of bonds for designing, constructing, renovating, improving,extending and making permanent street, sidewalk, drainage and any related improvements in the aggregate principal amount not to exceed $52,000,000, and levying a tax in payment thereof, with priority given to the following: Leopard St, generally from Nueces Bay Blvd to Palm Dr-Calallen Dr, generally from Red Bird Ln to Burning Tree Ln - Callicoatte Rd, generally from IH 37 Access Rd to Up River Rd - Beach Ave, generally from E Causeway Blvd to dead end at Gulfbreeze Blvd-North Beach Area Primary Access, generally from Beach & Timon to Surfside Intersection-North Beach Gulfspray Ave Pedestrian and Bicycle Access, generally from beach access to E Causeway Blvd-North Beach Coastal Protection-South Staples St,generally from Baldwin Blvd to Kostoryz Rd -Brawner Pkwy, generally from Carroll Ln to Kostoryz Rd- Swantner Dr, generally from Indiana Ave to Texan Tr - Gollihar Rd, generally from Greenwood Dr to Crosstown Expy - Frio St/Hacala St/Dorado St Corridor,generally from Greenwood Dr to Martin St-Laguna Shores Rd,generally from Graham Rd to South Padre Island Dr-Laguna Shores Rd, generally from Caribbean Dr to Hustlin' Hornet Dr-Lipes Blvd,generally from Yorktown Blvd to Sun Wood Dr-Wooldridge Rd,generally from Everhart Rd to Cascade Dr- Strasbourg Dr, generally from Riom St to Grenoble Dr-Residential Street Rebuild Program-TXDOT Participation/Traffic Congestion Management-Traffic Signal Improvements-Street Lighting Improvements -Alternative Mobility Improvements-ADA Improvements City of Corpus Christi Proposition B The issuance of bonds for designing, constructing,renovating, improving, extending and making permanent street, sidewalk, drainage and any related improvements in the aggregate principal amount not to exceed $22,000,000, and levying a tax in payment thereof,with priority given to the following: Downtown Pedestrian Safety Improvements - Downtown Lighting Improvements - North Lexington Blvd, generally from Hopkins Rd to Leopard St -Everhart Rd, generally from South Padre Island Dr to McArdle Rd - Alameda St, generally from Louisiana St to Chamberlain St-McArdle Rd, generally from Carroll Ln to Kostoryz Rd-Castenon St,generally from Trojan Dr to Delgado St-Junior Beck Dr,generally from dead end to Bear Ln-JFK Causeway Access Rd Improvement - Airline Rd, generally from South Padre Island Dr to McArdle Rd - Laguna Shores Rd, generally from Mediterranean Dr to Wyndale St - South Oso Pkwy, -7- generally from South Staples St to South Oso Pkwy - Long Meadow Dr, generally from Hunt Dr to St Andrews Dr- Other street and utility construction projects with third-party participation in accordance with State law City of Corpus Christi Proposition C The issuance of bonds for designing, constructing, renovating, improving, expanding and equipping park and recreational facilities in the aggregate principal amount not to exceed $5,630,000, and levying a tax in payment thereof, with priority given to the following: — Senior Centers — Recreation Centers — Park System Playgrounds — Oso Pool Aquatics Center — Greenwood Sports Complex — Cole Park and Dimitt Piers — Other parks and recreation projects with third-party participation City of Corpus Christi Proposition D The issuance of bonds for designing, renovating, improving and equipping library and cultural facilities in the aggregate principal amount not to exceed $3,878,000, and levying a tax in payment thereof,with priority given to the following: — Libraries — Museum of Science and History — Art Museum of South Texas — Heritage Park Historical Houses City of Corpus Christi Proposition E The issuance of bonds for designing, constructing, renovating, improving and equipping public safety facilities in the aggregate principal amount not to exceed $11,343,000, and levying a tax in payment thereof,with priority given to the following: — Police Radio Communication System — Police Headquarters — Police Substations — Fire Headquarters&Emergency Operations Center — EMS Central Building — Fire Department Warehouse — Fire Stations City of Corpus Christi Proposition F The issuance of bonds for designing, renovating, improving and equipping public health facilities in the aggregate principal amount not to exceed $1,149,000, and levying a tax in payment thereof, with priority given to the following: -8- — Health Department Building SECTION 3. The City election precincts hereby established for the purpose of holding the Special Election and the polling places hereby designated for holding the Special Election in the City election precincts are identified in Exhibit A to this Ordinance, and this Exhibit A is hereby incorporated by reference into this Ordinance for all purposes. Nueces County participates in the Countywide Polling Place Program under Section 43.007, as amended, Texas Election Code, meaning that any District voter registered in Nueces County can vote in the Election at any polling place identified in Exhibit A for Nueces County. The City Secretary or designee, in coordination with the County's election administrator (the Administrator) or the designee thereof, as necessary or desirable,will identify and formally approve the appointment of the Presiding Judges, Alternate Presiding Judges, Election Clerks, and all other election officials for the Special Election, together with any other necessary changes to election practices and procedures and can correct,modify,or change the Exhibits to this Ordinance based upon the final locations and times agreed upon by the Administrator, the City, and the Participants to the extent permitted by applicable law. The Presiding Judge shall appoint not less than two (2) resident qualified voters of the County to act as clerks in order to properly conduct the Special Election. To the extent required by the Election Code or other applicable law, the appointment of these clerks must include a person fluent in the Spanish language to serve as a clerk to render oral aid in the Spanish language to any voter desiring such aid at the polls on Election Day. If the Presiding Judge appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks. In the absence of the Presiding Judge, the Alternate Presiding Judge shall perform the duties of the Presiding Judge of the election precinct. On Election Day,the polls shall be open from 7:00 a.m.to 7:00 p.m. The main early voting location is designated in Exhibit B to this Ordinance (which is hereby incorporated herein by reference for all purposes). The individual named as the Early Voting Clerk as designated in Exhibit B is hereby appointed as the Early Voting Clerk to conduct such early voting in the Special Election. The Early Voting Clerk shall appoint the Deputy Early Voting Clerks. This main early voting location shall remain open to permit early voting on the days and at the times as stated in Exhibit B. Early voting shall commence as provided on Exhibit B and continue through the date set forth on Exhibit B,all as provided by the provisions of the Election Code. Additionally, permanent and temporary branch offices for early voting by personal appearance shall be established and maintained in accordance with the Election Code. The locations,dates, and hours of operation for early voting at these offices (being the permanent and temporary branch offices) shall be determined by the Administrator,as identified in Exhibit B hereto. An Early Voting Ballot Board is hereby established for the purpose of processing early voting results. The individual designated in Exhibit B as the Presiding Judge of the Early Voting Ballot Board is hereby appointed the Presiding Judge of the Early Voting Ballot Board. The Presiding Judge shall appoint not less than two (2) resident qualified voters of the County to serve as members of the Early Voting Ballot Board. SECTION 4. A Direct Recording Electronic (DRE) voting machine shall be employed at each of the polling locations utilized for the Special Election in accordance with the Election Code; provided, however, in the event the use of such DRE is not practicable, the Special Election may be conducted on Election Day by the use of paper ballots (except as otherwise provided in this section). -9- DRE or paper ballots may be used for early voting by personal appearance (except as otherwise provided in this section). Pursuant to Section 61.012 of the Election Code, the City shall provide at least one accessible voting system in each polling place used in the Special Election. Such voting system shall comply with State and federal laws establishing the requirement for voting systems that permit voters with physical disabilities to cast a secret ballot. Paper ballots, touch screen voting machines, and/or such other legally-permissible voting methods may be used for early voting and Election Day voting by personal appearance. Certain early voting may be conducted by mail. SECTION 5. The City shall also utilize a Central Counting Station(the Station)as provided by Section 127.001, et seq. of the Election Code. The Administrator, or the designee thereof, is hereby appointed as the Manager and Presiding Judge of the Station and may appoint Station clerks and establish a written plan for the orderly operation of the Station in accordance with the provisions of the Election Code. The Council hereby appoints the Administrator, or the designee thereof, as the Tabulation Supervisor and the Administrator, or his designee, as the Programmer for the Station. Lastly, the Administrator will publish notice and conduct testing on the automatic tabulation equipment relating to the Station and conduct instruction for the officials and clerks for the Station in accordance with the provisions of the Election Code. SECTION 6. In accordance with Section 52.072(c) of the Election Code, the Propositions shall appear on the City's ballot after the listing of offices that are the subject of the General Election. SECTION 7. All resident qualified voters of the City shall be permitted to vote at the Special Election, and on Election Day, such voters shall vote at the designated polling places. The Special Election shall be held and conducted in accordance with the provisions of the Election Code and Chapters 1251 and 1331, as amended, Texas Government Code (collectively, the Election Laws), and as may be required by any other law. All materials and proceedings relating to the Special Election shall be printed in both English and Spanish. SECTION 8. A substantial copy of this Ordinance shall serve as a proper notice of the Special Election. This notice, including a Spanish translation thereof, shall be posted(i) at three(3)public places within the City and at the City Hall not less than twenty-one(21) days prior to Election Day and (ii) in a prominent location at each polling place on Election Day and during early voting and shall be published on the same day in each of two(2) successive weeks in a newspaper of general circulation in the City,the first of these publications to appear in such newspaper not more than thirty (30) days, and not less than fourteen(14) full days prior to Election Day. In addition, during the twenty-one (21) days prior to Election Day, the City shall, in a prominent manner, maintain such notice on its Internet website. The City Secretary is directed to post and publish such Special Election notices as specified above and as required by the Election Laws. SECTION 9. As required by and in accordance with Section 3.009(b)(5) and (7)through(9) of the Texas Election Code, added by the 83rd Texas Legislature, the City, as of its fiscal year beginning October 1, 2017,had outstanding an aggregate ad valorem tax-supported principal amount of debt equal to $480,202,841; the aggregate amount of the interest owed on such City debt obligations, through respective maturity, totaled$158,058,750; and the City levied an ad valorem debt service tax rate for its outstanding debt obligations of$0.229458 per$100 of taxable assessed valuation. Of the aforementioned City debt, the City considers $135,627,159 and$33,164,060 of that principal and interest, respectively, to be self-supporting debt payable from sources other than ad valorem taxes. The City estimates an ad valorem debt service tax rate of$0.249458 per $100 of taxable assessed valuation if the bonds that are subject of the Special Election are approved and are issued (taking into account the outstanding City bonds and bonds that are the subject of the Special Election, but not future bond authorizations of the City), though the City projects no tax rate increase for the issuance of bonds that are the subject of -10- Proposition A.This is only an estimate provided for Texas statutory compliance and does not serve as a cap on any City ad valorem debt service tax rate. SECTION 10. The Council hereby appoints the City Secretary as the authority and officer responsible for the conduct of the Special Election and is hereby authorized and directed to make all necessary arrangements for the holding of the Special Election in accordance with the Elections Laws, which obligations include (but are not limited to) coordinating the Special Election process and negotiating, entering into, and carrying out the terms and provisions of one or more joint election agreements or contracts with the County and any Participants in accordance with the provisions of the Election Code. To the extent that any duty or obligation of the City, in general, or the City Secretary, in particular, is properly delegated to the County pursuant to a joint election agreement, then the County's carrying out those duties and obligations on the City's behalf pursuant to the terms of such joint election agreement shall be binding upon the City and are hereby determined by the Council to be evidence of the City's compliance with the provisions of the Election Laws relative to the same. In addition, the City Manager and the City Secretary, individually or in concert and as necessary or desired, are hereby authorized and entitled to make such technical modifications to this Ordinance that are necessary for compliance with applicable State or federal law (including the Election Laws) or to carry out the intent of the Council, as evidenced herein. SECTION 11. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. SECTION 12. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 13. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 14. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and this Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 15. It is officially found, determined, and declared that the meeting at which this Ordinance was 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 Ordinance, was given, all as required by Chapter 551,as amended,Texas Government Code. SECTION 16. This Ordinance shall be in force and effect from and after its fmal passage, and it is so ordained. -11- PASSED AND APPROVED on , 14 "A , 2018 Joe Comb M o ATTEST: - e.ecca Huerta City Secretary (SEAL) APPROVED /4 , 2018 X/P44 , Miles Risley City Attorney S-1 THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI § I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on au deri2018, ordering a special election to be held on November 6, 2018, which ordinance is duly f record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time,place and purpose of said meeting was given,all as required by Texas Government Code,Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City,on 1172018. P tEtzifa- City ecretary (CITY SEAL) S-2 T at the foregoin ordinance was read for the first time and passed to its second reading on 1 ,•,t _A, i U , 2018,by the following vote: i ______4_ Joe McComb 6. Ben Molina Rudy Garza 0Everett Roy I. Paulette Guajardo L•A Lucy Rubio w 94 0 Michael Hunter ___4Greg Smith __4— Debbie Lindsey-Opel -At 11-1 That the foregoing ordinance was read for the second time and passed finally on 14- t , 2018, by the following vote: Joe McComb Ben Molina Ot Rudy Garza ____LJEverett Roy _alL Paulette Guajardo Lucy Rubio ( .4/ Michael Hunter I Greg Smith a. . Debbie Lindsey-Opel OCL. 0 PASSED AND APPROVED on / fit ,Ai / , 2018. I ATTEST: leila#CCeet::14l Reb cca Huerta Joe �cComb City Secretary M. APPROVED L . I +, 2018 AL- 2'AJ. Miles Risley City Attorney S-3 031505 EXHIBIT A ELECTION DAY Election Day: Tuesday,November 6,2018 Election Day Polling Locations open from 7:00 a.m.to 7:00 p.m. Nueces County participates in the Countywide Polling Place program under Section 43.007,as amended, Texas Election Code. Registered voters will be able to cast their Election Day ballots at any of the Vote Centers identified below. Antonio Garcia Arts&Education Center, 2021 Agnes St. Baker Middle School,3445 Pecan St. Banquete ISD,4339 Fourth St.,Banquete Ben Garza Gym, 1815 Howard St. Bishop High School, 100 Badger Ln.,Bishop Bishop Primary School, 705 W. Main St.,Bishop Blanche Moore Elementary,6121 Durant Dr. Calallen East Elementary, 3709 Lott Ave. Calallen Middle School,4602 Cornett Rd. Cimarron Senior Apartments,2802 Cimarron Blvd. Club Estates Elementary, 5222 Merganser Dr. Crockett Elementary,2625 Belton St. Cunningham Middle School,4321 Prescott St. David Berlanga Community Center, 1513 Second St.,Agua Dulce Deaf and Hard of Hearing Center, 5151 McArdle Rd. Del Mar College, 101 Baldwin Blvd. Driscoll ISD(Guadalupe Hernandez Complex), 315 W. Dragon St.,Driscoll Driscoll Middle School,3501 Kenwood Dr. Ella Barnes Elementary,2829 Oso Parkway Ethel Eyerly Senior Center,654 Graham Rd. Fannin Elementary,2730 Gollihar Rd. Flour Bluff ISD(Maintenance Building),2510 Waldron Rd. Galvan Elementary, 3126 Masterson Dr. Gibson Elementary, 5723 Hampshire Rd. Gloria Hicks Elementary,3602 McArdle Rd. Grace Presbyterian Church,6301 Yorktown Blvd. Grant Middle School,4350 Aaron Dr. Greenwood Senior Center,4040 Greenwood Dr. Hamlin Middle School, 3900 Hamlin Dr. Harold T. Branch Academy,3902 Morgan Ave. Hilltop Community Center, 11425 Leopard St. Island Presbyterian Church, 14030 Fortuna Bay Dr. John F. Kennedy Elementary, 1102 Villarreal Rd. Johnny Calderon Building,710 E. Main St.,Robstown Keach Family Library, 1000 Terry Shamsie Blvd., Robstown King High School,5225 Gollihar Rd. Kiwanis Recreation Center,3933 Timon Blvd. Kolda Elementary, 3730 Rodd Field Rd. Korean Presbyterian Church,4326 McArdle Rd. Kostoryz Elementary, 3602 Panama Dr. La Retama Central Library, 805 Comanche St. A-1 Lindale Senior Center, 3135 Swantner St. London ISD Middle/High School, 1306 FM 43 Lotspeich Elementary, 1000 Ruben Chavez Rd.,Robstown LULAC West Apartments, 10702 IH 37 Luther Jones Elementary, 7533 Lipes Blvd. Magee Elementary(Star Annex),4201 Calallen Dr. Menger Elementary,2401 S.Alameda St. Metro E Elementary, 1707 Ayers St. Mireles Elementary,7658 Cimarron Blvd. Montclair Elementary,5241 Kentner St. Moody High School, 1818 Trojan Dr. Nueces County ESD#4,5781 FM 666,Robstown Oak Park Recreation Center, 842 Erwin Ave. Oveal Williams Senior Center, 1414 Martin Luther King Dr. Parkway Presbyterian Church, 3707 Santa Fe St. Peerless Cleaners,2806 Santa Fe St. Petronila Elementary,2391 County Rd. 67,Petronila Port Aransas Community Center,408 N. Alister St.,Port Aransas River Hills Baptist Church, 16318 FM 624, Robstown Robert Driscoll Elementary, 122 W.Ave. H,Robstown Ronnie H. Polston Building, 10110 Compton Rd. Rose Shaw Elementary,2920 Soledad St. San Pedro Elementary, 800 W.Ave. D, Robstown Schanen Estates Elementary, 5717 Killarmet Dr. Schlitterbahn, 14353 Commodores Dr. Scott Vetters Scout Hut, 3221 McKinzie Rd. Smith Elementary,6902 Williams Dr. South Park Middle School,3001 McArdle Rd. St.Anthony Catholic Church-Violet,3918 County Rd. 61,Robstown Texas A&M University-Corpus Christi, 6300 Ocean Dr. T.G.Allen Elementary, 1414 18th. St. The People's Baptist Church, 1355 FM 665 The Valencia,6110 Ayers St. Tom Browne Middle School,4301 Schanen Blvd. Travis Elementary, 3210 Churchill Dr. Tuloso-Midway High School,2653 McKinzie Rd. Tuloso-Midway Middle School,9768 LaBranch St. Veterans Memorial High School,3750 Cimarron Blvd. Villa of Corpus Christi-South,4834 Yorktown Blvd. West Oso Jr. High School,5202 Bear Ln. Woodlawn Elementary, 1110 Woodlawn Dr. Yeager Elementary, 5414 Tripoli Dr. Zavala Senior Center, 510 Osage St. A-2 EXHIBIT B EARLY VOTING Early voting begins Monday,October 22,2018 and ends on Friday,November 2,2018. Early Voting Clerk: Kara Sands, 901 Leopard,Corpus Christi,Texas 7840. Presiding Judge of the Early Voting Ballot Board: to be named by Kara Sands. Any voter entitled to vote an early ballot by personal appearance may do so at any early voting site. *All locations open the above dates and times unless otherwise noted.* Monday,October 22,2018 through Friday,October 26,2018 8:00 a.m.—5:00 p.m. Saturday,October 27,2018 7:00 a.m.—7:00 p.m. Sunday,October 28,2018 12:00 p.m.—5:00 p.m. Monday,October 29,2018 through Friday,November 2,2018 7:00 a.m.—7:00 p.m. Main Early Voting Polling Place NUECES COUNTY COURTHOUSE,901 Leopard,Corpus Christi Branch Polling Places BISHOP COMMUNITY CENTER, 102 West Joyce Street,Bishop CALALLEN ISD(Administration Building),4205 Wildcat Drive,Corpus Christi *Closed 10/27& 10/28 CORPUS CHRISTI CHRISTIAN FELLOWSHIP, 6602 S. Staples Street, Corpus Christi *Closed 10/27& 10/28 CORPUS CHRISTI CITY HALL, 1201 Leopard Street,Corpus Christi *Closed 10/27& 10/28 CORPUS CHRISTI ISD(Administration Building),801 Leopard Street,Corpus Christi *Closed 10/27& 10/28 DEAF&HARD OF HEARING CENTER, 5151 McArdle Road,Corpus Christi DEL MAR COLLEGE(Administration Building), 101 Baldwin Blvd.,Corpus Christi *Closed 10/27& 10/28 ETHEL EYERLY SENIOR CENTER, 654 Graham Road,Corpus Christi GREENWOOD SENIOR CENTER,4040 Greenwood Drive,Corpus Christi HILLTOP COMMUNITY CENTER, 11425 Leopard Street,Corpus Christi JOHNNY CALDERON COUNTY BUILDING,710 East Main Street,Robstown LONDON ISD(High School), 1306 FM 43,Corpus Christi *Closed 10/27& 10/28 PORT ARANSAS COMMUNITY CENTER,408 N.Alister Street,Port Aransas SCHLITTERBAHN, 14353 Commodores Drive,Corpus Christi TULOSO-MIDWAY ISD(Administration Building),9760 La Branch,Corpus Christi *Closed 10/27& 10/28 THE VALENCIA,6110 Ayers Street,Corpus Christi VETERANS MEMORIAL HIGH SCHOOL, 3750 Cimarron Blvd.,Corpus Christi *Closed 10/27& 10/28 WEST OSO ISD(Administration Building), 5050 Rockford Drive,Corpus Christi *Closed 10/27& 10/28 B-1 Temporary Branch Polling Places BANQUETE ISD,4339 4th Street,Banquete,Texas 78339,Open 10/22-10/26 CORPUS CHRISTI ARMY DEPOT(Bldg. 8),308 Crecy Street,Corpus Christi,Open 10/22-10/26 (NAS Base-No public access) DAVID BERLANGA COMMUNITY CENTER, 1513 2nd St.Aqua Dulce,Open 10/29-11/2 TEXAS A&M UNIVERSITY-Corpus Christi University Center,6300 Ocean Dr.,Open 10/29-11/2 Early Voting By Mail Applications for voting by mail should be received no later than the close of business (5:00 p.m.) on Friday,October 26,2018.Applications should be sent to Kara Sands,P.O.Box 2627,Corpus Christi,Texas 78403; fax: (361) 888-0329; email: nueces.countyclerk@nuecesco.com. If an application for ballot by mail is faxed or emailed (or if a federal postcard application is faxed), the applicant must also mail the original application so that the early voting clerk receives the original no later than four days after receiving the emailed or faxed copy. B-2 w' t CITY SECRETARY'S OFFICE 1862 MEMORANDUM To: Mayor and Council From: Rebecca L.Huerta,City Secretary Cc: Keith Selman,Interim City Manager Miles Risley,City Attorney Date: September 14,2018 Subject: Technical modifications to Special Election(Bond)Ordinance On September 12,2018,the Nueces County Clerk's Office informed us that their third- party vendor could not fit the City's bond proposition language into the State-approved format for ballots by mail. To remedy the situation,they asked if we could use abbreviations or reformat the propositions to reduce the length. We consulted with Norton Fulbright,our bond counsel,and the City Attorney's Office for advice. Bond counsel pointed out Section 10 of the ordinance, which states that"...the City Manager and the City Secretary,individually or in concert and as necessary or desired,are hereby authorized and entitled to make such technical modifications to this Ordinance that are necessary for compliance with applicable State or federal law(including the Election Laws)or to carry out the intent of the Council." Consequently,Propositions A and B have been reformatted to meet State requirements (see Section 2 of the attached ordinance). This reformatted language will be used on all ballots for consistency(Federal and state ballots by mail and electronic ballots). Per bond counsel,the reformatted ballot language is considered a technical change,not an amendment. The change is effectuated by simply appending the original signature pages to the updated ordinance. If you have any questions,please let me know. 1 ORDINANCE Ordering a special election to be held on November 6, 2018, in the City of Corpus Christi,on the questions of authorizing bond issuances of the City supported by ad valorem taxes; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for the establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County;and enacting provisions incident and relating to the subject and purpose of this ordinance * * * * * * * * * * * * * *** * * * * * * WHEREAS, the City Council (the Council) of the CITY OF CORPUS CHRISTI, TEXAS (the City),located in Nueces,Aransas,Kleberg,and San Patricio Counties,Texas,hereby fmds and determines that an election should be held to determine whether the Council shall be authorized to issue general obligation bonds of the City in the amounts and for the purposes hereinafter identified (the Special Election);and WHEREAS,the City will conduct the Special Election jointly with Nueces County(the County) and with other political subdivisions(such other political subdivisions, collectively, the Participants)for whom the County is also conducting their elections,as provided pursuant to the provisions of one or more joint election agreements or contracts among the City, the County, and the Participants, entered into in accordance with the provisions of Section 271.002 of the Texas Election Code,as amended(the Election Code),or other applicable law;and WHEREAS,pursuant to the aforementioned joint election agreement,the County will conduct all aspects of the Special Election on the City's behalf;and WHEREAS,the Council hereby finds and determines that it is in the best interests of the City to enter into one or more election agreements or contracts with the County and the Participants to conduct the Special Election in accordance with the laws of the State of Texas (the State) and applicable federal laws;and WHEREAS, the Council hereby fmds and determines that the necessity to construct various capital improvements within the City necessitates that it is in the public interest to call and hold the Special Election at the earliest possible date to authorize the issuance of general obligation bonds for the purposes hereinafter identified;and WHEREAS, concurrently with the Special Election (and as a joint election with the County and any other Participants),the City will, pursuant to the City Charter of the City and by separate ordinance adopted by the Council on the date hereof, conduct its regular City election for Mayor and members of the Council(along with any necessary runoff election)(such regular election,the General Election);and WHEREAS,after full review and consideration of each project listed under all of the propositions described below(City of Corpus Christi Propositions A,B,C, D, E and F),the Council hereby fmds and determines that each project is necessary for a public purpose and is in the best interests of the City and the residents of the City;and WHEREAS,the Council hereby fmds and determines that the actions hereinbefore described are in the best interests of the qualified voters of the City;now,therefore, -1- — Traffic Signal Improvements — Street Lighting Improvements — Alternative Mobility Improvements — ADA Improvements and in providing for the above public improvements, the City Council shall have the option to(i)utilize other funds available for such purposes and(ii)abandon such indicated public improvements that are reliant, in part, on external sources of funding that (for whatever reason) do not materialize or because unforeseen changes in fact or circumstance make the anticipated expenditure no longer wise or necessary (as determined by the City Council), and after making due provision for the improvements listed above or determining that the public improvement project will not proceed for a reason heretofore described,the City Council may, in its discretion,use any excess funds for constructing, reconstructing, restructuring, and extending other streets and thoroughfares and related land and right-of-way sidewalks, streetscapes, collectors, drainage, landscape, signage, acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City's utility system); and shall the City Council be authorized to levy and pledge,and cause to be assessed and collected,within the limitations prescribed by law, annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds?" CITY OF CORPUS CHRISTI PROPOSITION B "Shall the City Council of the City of Corpus Christi,Texas be authorized,in accordance with applicable law, to issue and sell one or more series of general obligation bonds of the City, in the aggregate principal amount of not more than $22,000,000, with such series or issues of bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates(whether fixed, floating,variable,or otherwise,but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, constructing, renovating, improving, reconstructing, restructuring and extending streets and thorou hfares and related land and right-of-way sidewalks, streetscapes, collectors, drainage, landscape, signage, equipment storage facilities, acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs,which are the responsibility of the City's utility system),with priority given to the following street projects: — Downtown Pedestrian Safety Improvements — Downtown Lighting Improvements — North Lexington Boulevard,generally from Hopkins Road to Leopard Street — Everhart Road, generally from South Padre Island Drive to McArdle Road — Alameda Street,generally from Louisiana Street to Chamberlain Street — McArdle Road,generally from Carroll Lane to Kostoryz Road — Castenon Street,generally from Trojan Drive to Delgado Street — Junior Beck Drive,generally from dead end to Bear Lane — JFK Causeway Access Road Improvement -3- whatever reason)do not materialize or because unforeseen changes in fact or circumstance make the anticipated expenditure no longer wise or necessary (as determined by the City Council), and after making due provision for the improvements listed above or determining that the public improvement project will not proceed for a reason heretofore described, the City Council may, in its discretion, use any excess funds for designing, constructing, renovating,improving,expanding,and equipping City parks and recreation facilities; and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected,within the limitations prescribed by law,annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds?" CITY OF CORPUS CHRISTI PROPOSITION D "Shall the City Council of the City of Corpus Christi,Texas be authorized, in accordance with applicable law, to issue bonds of the City, in one or more series or issues and in the aggregate principal amount of $3,878,000, with such series or bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates(whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, renovating,improving,expanding,and equipping City libraries and cultural facilities,with priority given to the following projects: — Libraries — Museum of Science and History — Art Museum of South Texas — Heritage Park Historical Houses and in providing for the above public improvements, the City Council shall have the option to(i)utilize other funds available for such purposes and(ii)abandon such indicated public improvements that are reliant, in part, on external sources of funding that (for whatever reason)do not materialize or because unforeseen changes in fact or circumstance make the anticipated expenditure no longer wise or necessary (as determined by the City Council), and after making due provision for the improvements listed above or determining that the public improvement project will not proceed for a reason heretofore described, the City Council may, in its discretion, use any excess funds for designing, constructing, renovating, improving, expanding, and equipping City library and cultural facilities; and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, within the limitations prescribed by law,annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds? CITY OF CORPUS CHRISTI PROPOSITION E "Shall the City Council of the City of Corpus Christi,Texas be authorized, in accordance with applicable law, to issue bonds of the City, in one or more series or issues and -5- and in providing for the above public improvements, the City Council shall have the option to(i)utilize other funds available for such purposes and(ii)abandon such indicated public improvements that are reliant, in part, on external sources of funding that (for whatever reason)do not materialize or because unforeseen changes in fact or circumstance make the anticipated expenditure no longer wise or necessary (as determined by the City Council), and after making due provision for the improvements listed above or determining that the public improvement project will not proceed for a reason heretofore described, the City Council may, in its discretion, use any excess funds for designing, constructing, renovating, improving, expanding, and equipping City public health facilities; and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected,within the limitations prescribed by law,annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds? SECTION 2. The official ballot shall be prepared in accordance with the Election Code, as amended, so as to permit voters to vote "FOR" or "AGAINST" the aforesaid propositions which shall appear on the ballot substantially as follows: City of Corpus Christi Proposition A The issuance of bonds for designing,constructing,renovating,improving,extending and making permanent street, sidewalk, drainage and any related improvements in the aggregate principal amount not to exceed $52,000,000,and levying a tax in payment thereof,with priority given to the following: Leopard St,generally from Nueces Bay Blvd to Palm Dr-Calallen Dr,generally from Red Bird Ln to Burning Tree Ln - Callicoatte Rd, generally from IH 37 Access Rd to Up River Rd-Beach Ave, generally from E Causeway Blvd to dead end at Gulfbreeze Blvd-North Beach Area Primary Access, generally from Beach & Timon to Surfside Intersection-North Beach Gulfspray Ave Pedestrian and Bicycle Access,generally from beach access to E Causeway Blvd-North Beach Coastal Protection-South Staples St,generally from Baldwin Blvd to Kostoryz Rd-Brawner Pkwy,generally from Carroll Ln to Kostoryz Rd-Swantner Dr, generally from Indiana Ave to Texan Tr- Gollihar Rd, generally from Greenwood Dr to Crosstown Expy - Frio St/Hacala St/Dorado St Corridor,generally from Greenwood Dr to Martin St-Laguna Shores Rd,generally from Graham Rd to South Padre Island Dr-Laguna Shores Rd,generally from Caribbean Dr to Hustlin' Hornet Dr-Lipes Blvd,generally from Yorktown Blvd to Sun Wood Dr-Wooldridge Rd,generally from Everhart Rd to Cascade Dr-Strasbourg Dr,generally from Riom St to Grenoble Dr-Residential Street Rebuild Program-TXDOT Participation/Traffic Congestion Management-Traffic Signal Improvements-Street Lighting Improvements -Alternative Mobility Improvements-ADA Improvements City of Corpus Christi Proposition B The issuance of bonds for designing,constructing,renovating,improving,extending and making permanent street, sidewalk, drainage and any related improvements in the aggregate principal amount not to exceed $22,000,000, and levying a tax in payment thereof,with priority given to the following: Downtown Pedestrian Safety Improvements- Downtown Lighting Improvements -North Lexington Blvd, generally from Hopkins Rd to Leopard St-Everhart Rd, generally from South Padre Island Dr to McArdle Rd -Alameda St,generally from Louisiana St to Chamberlain St-McArdle Rd, generally from Carroll Ln to Kostoryz Rd-Castenon St,generally from Trojan Dr to Delgado St-Junior Beck Dr,generally from dead end to Bear Ln-JFK Causeway Access Rd Improvement-Airline Rd,generally from South Padre Island Dr to McArdle Rd - Laguna Shores Rd, generally from Mediterranean Dr to Wyndale St - South Oso Pkwy, -7- — Health Department Building SECTION 3. The City election precincts hereby established for the purpose of holding the Special Election and the polling places hereby designated for holding the Special Election in the City election precincts are identified in Exhibit A to this Ordinance,and this Exhibit A is hereby incorporated by reference into this Ordinance for all purposes. Nueces County participates in the Countywide Polling Place Program under Section 43.007, as amended,Texas Election Code, meaning that any District voter registered in Nueces County can vote in the Election at any polling place identified in Exhibit A for Nueces County. The City Secretary or designee, in coordination with the County's election administrator (the Administrator) or the designee thereof, as necessary or desirable,will identify and formally approve the appointment of the Presiding Judges,Alternate Presiding Judges, Election Clerks, and all other election officials for the Special Election, together with any other necessary changes to election practices and procedures and can correct,modify,or change the Exhibits to this Ordinance based upon the final locations and times agreed upon by the Administrator, the City, and the Participants to the extent permitted by applicable law. The Presiding Judge shall appoint not less than two(2)resident qualified voters of the County to act as clerks in order to properly conduct the Special Election. To the extent required by the Election Code or other applicable law,the appointment of these clerks must include a person fluent in the Spanish language to serve as a clerk to render oral aid in the Spanish language to any voter desiring such aid at the polls on Election Day. If the Presiding Judge appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks. In the absence of the Presiding Judge,the Alternate Presiding Judge shall perform the duties of the Presiding Judge of the election precinct. On Election Day,the polls shall be open from 7:00 a.m.to 7:00 p.m. The main early voting location is designated in Exhibit B to this Ordinance (which is hereby incorporated herein by reference for all purposes). The individual named as the Early Voting Clerk as designated in Exhibit B is hereby appointed as the Early Voting Clerk to conduct such early voting in the Special Election. The Early Voting Clerk shall appoint the Deputy Early Voting Clerks. This main early voting location shall remain open to permit early voting on the days and at the times as stated in Exhibit B. Early voting shall commence as provided on Exhibit B and continue through the date set forth on Exhibit B,all as provided by the provisions of the Election Code. Additionally, permanent and temporary branch offices for early voting by personal appearance shall be established and maintained in accordance with the Election Code. The locations,dates,and hours of operation for early voting at these offices(being the permanent and temporary branch offices)shall be determined by the Administrator,as identified in Exhibit B hereto. An Early Voting Ballot Board is hereby established for the purpose of processing early voting results. The individual designated in Exhibit B as the Presiding Judge of the Early Voting Ballot Board is hereby appointed the Presiding Judge of the Early Voting Ballot Board. The Presiding Judge shall appoint not less than two (2) resident qualified voters of the County to serve as members of the Early Voting Ballot Board. SECTION 4. A Direct Recording Electronic (DRE)voting machine shall be employed at each of the polling locations utilized for the Special Election in accordance with the Election Code; provided,however, in the event the use of such DRE is not practicable, the Special Election may be conducted on Election Day by the use of paper ballots (except as otherwise provided in this section). -9- Proposition A.This is only an estimate provided for Texas statutory compliance and does not serve as a cap on any City ad valorem debt service tax rate. SECTION 10. The Council hereby appoints the City Secretary as the authority and officer responsible for the conduct of the Special Election and is hereby authorized and directed to make all necessary arrangements for the holding of the Special Election in accordance with the Elections Laws, which obligations include (but are not limited to) coordinating the Special Election process and negotiating, entering into, and carrying out the terms and provisions of one or more joint election • agreements or contracts with the County and any Participants in accordance with the provisions of the Election Code. To the extent that any duty or obligation of the City, in general,or the City Secretary, in particular, is properly delegated to the County pursuant to a joint election agreement, then the County's carrying out those duties and obligations on the City's behalf pursuant to the terms of such joint election agreement shall be binding upon the City and are hereby determined by the Council to be evidence of the City's compliance with the provisions of the Election Laws relative to the same. In addition,the City Manager and the City Secretary, individually or in concert and as necessary or desired,are hereby authorized and entitled to make such technical modifications to this Ordinance that are necessary for compliance with applicable State or federal law (including the Election Laws) or to carry out the intent of the Council,as evidenced herein. SECTION 11. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. SECTION 12. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 13. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 14. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid,and this Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 15. It is officially found, determined, and declared that the meeting at which this Ordinance was 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 Ordinance,was given,all as required by Chapter 551,as amended,Texas Government Code. SECTION 16. This Ordinance shall be in force and effect from and after its final passage,and it is so ordained. -11-