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R-2109-11-02RESOLUTION NO. 2109-11-02fR1 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE BOND ELECTION HELD NOVEMBER 5, 2002. WHEREAS, an election was held in the City of Allen, Texas, on the 5th day of November, 2002, for the purpose of submitting certain provisions for the issuance of bonds to the resident electors of the City; and, WHEREAS, it is hereby found and determined that notice of the election was duly given in the forth, manner and time required by law, and said 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 returns of said election have been duly and legally made and submitted to the City Council for canvassing, and a tabulation of the returns for the polling places and for early voting, as canvassed and tabulated by this governing body and shown in Exhibit "A" attached hereto, reflect that the total sum of votes counted "FOR" and "AGAINST" the propositions submitted were as follows: PROPOSITION NUMBER 2 "THE ISSUANCE OF $4,000,000 GENERAL OBLIGATION BONDS FOR A SENIOR CITIZENS RECREATIONAL FACILITY" "FOR" 7 405 votes "AGAINST" 2,902 votes NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: All of the recitals contained in the preamble of this resolution are found to be true and are adopted as findings of fact by this governing body and as part of its judgment. SECTION 2: It is further found and determined that the results of the election are as canvassed and ' tabulated in the preamble hereof and in Exhibit "A" attached hereto, and a majority of the electors voting at said election having voted in favor of the propositions numbered 1 and 2; the City Council is hereby declared to be authorized and empowered to issue bonds of the City in the amount and for the purpose stated in said propositions numbered 1 and 2; all as more fully set forth and identified above and in the proceedings ordering said bond election. PROPOSITION NUMBER 1 "THE ISSUANCE OF $19,500,000 GENERAL OBLIGATION BONDS FOR A PERFORMING ARTS CENTER" ' "FOR" 5 702 votes "AGAINST" 4.618 votes PROPOSITION NUMBER 2 "THE ISSUANCE OF $4,000,000 GENERAL OBLIGATION BONDS FOR A SENIOR CITIZENS RECREATIONAL FACILITY" "FOR" 7 405 votes "AGAINST" 2,902 votes NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: All of the recitals contained in the preamble of this resolution are found to be true and are adopted as findings of fact by this governing body and as part of its judgment. SECTION 2: It is further found and determined that the results of the election are as canvassed and ' tabulated in the preamble hereof and in Exhibit "A" attached hereto, and a majority of the electors voting at said election having voted in favor of the propositions numbered 1 and 2; the City Council is hereby declared to be authorized and empowered to issue bonds of the City in the amount and for the purpose stated in said propositions numbered 1 and 2; all as more fully set forth and identified above and in the proceedings ordering said bond election. SECTION 3: The City Secretary is hereby authorized and directed to make the appropriate entries of information appearing in the tabulation of precinct results shown in Exhibit "A" attached hereto in ' the election register maintained by the City in accordance with provisions of Section 67.006 of the Election Code. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS 11TH DAY OF NOVEMBER, 2002. APPROVED: I Stephen Terrell, MAYOR ATTEST: 1 Ju Morris ,CMC, CITY SECRETARY Resolution No. 2109-11-02(R), Page 2 C LJ EXHIBIT A TABULATION OF VOTES RE: SPECIAL BOND ELECTION HELD NOVEMBER 5, 2002 Resolution No. 2109-11-02(R), Page 3 Election Day Early Voting For Against For Against PROPOSITION NUMBER 1: "THE ISSUANCE OF 3,768 2,870 1,934 1,748 $19,500,000 GENERAL OBLIGATION BONDS FOR A PERFORMING ARTS CENTER" PROPOSITION NUMBER 2: "THE ISSUANCE OF 4,715 1,900 2,690 1,002 $4,000,000 GENERAL OBLIGATION BONDS FOR A SENIOR CITIZENS RECREATIONAL FACILITY" Resolution No. 2109-11-02(R), Page 3 RESOLUTION NO. 2109-11-02(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE BOND ELECTION HELD NOVEMBER 5, 2002. WHEREAS, an election was held in the City of Allen, Texas, on the 5th day of November, 2002, for the purpose of submitting certain provisions for the issuance of bonds to the resident electors of 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 said 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 returns of said election have been duly and legally made and submitted to the City Council for canvassing, and a tabulation of the returns for the polling places and for eariy voting, as canvassed and tabulated by this governing body and shown in Exhibit "A" attached hereto, reflect that the total sum of votes counted "FOR" and "AGAINST" the propositions submitted were as follows: PROPOSITION NUMBER 1 "THE ISSUANCE OF $19,500,000 GENERAL OBLIGATION BONDS FOR A PERFORMING ARTS CENTER" "FOR" 55102 votes "AGAINST" 4 618 votes PROPOSITION NUMBER 2 "THE ISSUANCE OF $4,000,000 GENERAL OBLIGATION BONDS FOR A SENIOR CITIZENS RECREATIONAL FACILITY" "FOR" 7,405 votes "AGAINST" 2 902 votes NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: All of the recitals contained in the preamble of this resolution are found to be true and are adopted as findings of fact by this governing body and as part of its judgment. SECTION 2: It is further found and determined that the results of the election are as canvassed and tabulated in the preamble hereof and in Exhibit "A" attached hereto, and a majority of the electors voting at said election having voted in favor of the propositions numbered 1 and 2; the City Council is hereby declared to be authorized and empowered to issue bonds of the City in the amount and for the purpose stated in said propositions numbered 1 and 2; all as more fully set forth and identified above and in the proceedings ordering said bond election. SECTION 3: The City Secretary is hereby authorized and directed to make the appropriate entries of information appearing in the tabulation of precinct results shown in Exhibit "A" attached hereto in the election register maintained by the City in accordance with provisions of Section 67.006 of the Election Code. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS 11T" DAY OF NOVEMBER, 2002. APPROVED: Stephen Terrell, MAYOR ATTEST: C X,CafL� l/ Glesit,cati Judy Mo son, CMC, CITY SECRETARY Resolution No. 2109-11-02(R), Page 2 EXH I BIT A TABULATION OF VOTES RE: SPECIAL BOND ELECTION HELD NOVEMBER 5, 2002 Resolution No. 2109-11-02(R), Page 3 Election Day Early Voting For Against For Against PROPOSITION NUMBER 1: "THE ISSUANCE OF 3,768 2,870 1,934 1,748 $19,500,000 GENERAL OBLIGATION BONDS FOR A PERFORMING ARTS CENTER" PROPOSITION NUMBER 2: 'THE ISSUANCE OF 4,715 1,900 2,690 1,002 $4,000,000 GENERAL OBLIGATION BONDS FOR A SENIOR CITIZENS RECREATIONAL FACILITY" Resolution No. 2109-11-02(R), Page 3 CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS § COUNTY OF COLLIN § CITY OF ALLEN § I, the undersigned, City Secretary of the City of Allen, Texas, DO HEREBY CERTIFY as follows: 1. On the 11 day of November, 2002, a Special meeting of the City Council of the City of Allen, Texas was held at a meeting place within the City; the duly constituted members of the Council being as follows: STEVE TERRELL MAYOR KENNETH FULK ) MAYOR PRO TEM DEBBIE STOUT ) ROSS OBERMEYER ) COUNCIL MEMBERS BILL PETTY SUSAN BARTLEMAY JEFF McGREGOR and all of said persons were present at said meeting, except the following: Bill Petty . Among other business considered at said meeting, the attached resolution entitled: "A RESOLUTION canvassing the returns and declaring the results of the bond election held November 5, 2002." was introduced and submitted to the Council for passage and adoption. After presentation and due consideration of the resolution, and upon a motion being made by Ross Obermeyer and seconded by Debbie Stout , the resolution was finally passed and adopted by the Council to be effective immediately by the following vote: 6 voted "For" 0 voted "Against" 0 abstained all as shown in the official Minutes of the Council for the meeting held on the aforesaid date. 452221554.1 2. The attached resolution 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 City Council of said City on the date of the aforesaid meeting are those persons shown above and, according to the records of my office, advance notice of the time, place and purpose of the meeting was given to each member of the Council; and that said meeting and the deliberation of the aforesaid public business was open to the public and written notice of said meeting, including the subject of the above entitled resolution, was posted and given in advance thereof in compliance with the provisions of V.T.C.A., Government Code, Chapter 551, as amended. IN WITNESS WHEREOF, I have hereunto signed my name officially and affixed the seal of said City, this the 12 day of November, 2002. Ci Secr ry, City of Allen, Texas (City Seal) 45222854.1