Town Council SPECIAL MEETING 6:0O PM Town

Transcription

Page 1
Town Secretary
Town Council
March
Fiscal25,
Year2013
2012 - 2013
Town Council
SPECIAL MEETING
6:0O P.M.
Town Council
REGULAR MEETING
7:0O P.M.
Page 2
AGENDA
TOWN OF SUNNYVALE
TOWN COUNCIL
SPECIAL MEETING
MARCH 25, 2013
TOWN HALL - 127 N. COLLINS RD.
6:00 P.M.
CALL TOWN COUNCIL MEETING TO ORDER
Mayor calls the Meeting to order, state the date and time. State Commission Members present
and declare a quorum present.
1.
PRESENTATION OF PROPOSED STUDY OF FUTURE POLICE SERVICES BY
THOMAS LATHAM, AND CONSIDER AUTHORIZING THE MAYOR TO EXECUTE A
CONTRACT FOR A STUDY OF FUTURE POLICE SERVICES.
ADJOURN
ALL LOCATIONS IDENTIFIED ARE IN THE TOWN OF SUNNYVALE UNLESS OTHERWISE INDICATED. FOR
A DETAILED PROPERTY DESCRIPTION, PLEASE CONTACT THE BUILDING OFFICIAL AT TOWN HALL.
ALL ITEMS ON THE AGENDA ARE FOR POSSIBLE DISCUSSION AND ACTION. PLEASE TURN OFF ALL
TELEPHONES AND HANDHELD COMMUNICATION DEVICES WHILE IN ATTENDANCE AT THIS MEETING.
THE SUNNYVALE TOWN COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT
ANY TIME DURING THE COURSE OF THIS MEETING TO DISCUSS ANY OF THE MATTERS LISTED ABOVE,
AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.071 (CONSULTATION WITH ATTORNEY),
551.072 (DELIBERATION ABOUT REAL PROPERTY), 551.073 (DELIBERATIONS ABOUT GIFTS AND
DONATIONS), 551.074 (PERSONNEL MATTERS), 551.076 (DELIBERATIONS ABOUT SECURITY DEVICES),
AND 551.086 (ECONOMIC DEVELOPMENT).
THE TOWN OF SUNNYVALE IS COMMITTED TO COMPLIANCE WITH THE AMERICANS WITH DISABILITIES
ACT (ADA). REASONABLE ACCOMMODATIONS AND EQUAL ACCESS TO COMMUNICATIONS WILL BE
PROVIDED TO THOSE WHO PROVIDE NOTICE TO THE DIRECTOR OF COMMUNITY DEVELOPMENT AT
972-226-7177 AT LEAST 48 HOURS PRIOR TO THE MEETING.
THE FOREGOING NOTICE WAS POSTED IN THE FOLLOWING LOCATIONS:
SUNNYVALE ISD 417 E. TRIPP ROAD
SUNNYVALE LIBRARY AT 402 TOWER PLACE
I HEREBY CERTIFY THAT THE FOREGOING NOTICE WAS POSTED ON MARCH 22,
2013, IN THE FOLLOWING LOCATION AND REMAINED SO POSTED CONTINUOUSLY
FOR AT LEAST 72 HOURS PRECEDING THE SCHEDULED TIME OF SAID MEETING:
TOWN HALL AT 127 N. COLLINS ROAD
__________________________________________
LESLIE MALONE, TOWN SECRETARY
Page 3
TOWN OF SUNNYVALE
SUNNYVALE TOWN COUNCIL
REGULAR MEETING
MONDAY, MARCH 25, 2013
7:00 P.M.
INVOCATION
PLEDGE OF ALLEGIANCE
CALL MEETING TO ORDER
Mayor calls the Meeting to order, state the date and time. State Councilmembers present and
declare a quorum present.
PUBLIC FORUM
Citizens may speak on any matter other than personnel matters or matters under litigation. No
Town Council actions or discussion will be taken until such matter is placed on the agenda and
posted in accordance with law.
CONSENT AGENDA ITEMS 1 THROUGH 4
All items on the consent agenda are routine items and may be approved with one motion;
should any member of the Town Council or any individual wish to discuss any item, said item
may be removed from the consent agenda by motion of the Town Council.
1.
MINUTES OF SPECIAL MEETING – FEBRUARY 25, 2013.
2.
MINUTES OF REGULAR MEETING – FEBRUARY 25, 2013.
3.
MINUTES OF SPECIAL MEETING – MARCH 4, 2013.
4.
DISCUSS AND CONSIDER RESOLUTION 13-04: A RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF SUNNYVALE, TEXAS, AUTHORIZING THE TOWN
MANAGER TO EXECUTE A JOINT ELECTION CONTRACT FOR ELECTION
SERVICES WITH DALLAS COUNTY ELECTIONS DEPARTMENT.
CONSIDERE LA POSIBILIDAD DE APROBACIÓN DE LA RESOLUCION 13-04 DEL
AYUNTAMIENTO DE LA CIUDAD DE SUNNYVALE, TEXAS, SE AUTORIZA AL
ADMINISTRADOR DE LA CIUDAD PARA LA EJECUCION DE UN CONTRATO MIXTO
ELECCION DE SERVICIOS DEL DEPARTAMENTO DE ELECCIONES DEL CONDADO
DE DALLAS.
Page 4
PUBLIC HEARING
Open or continue public hearing, consider testimony and other information provided, close
public hearing, and take necessary action with respect to the following:
5. APPLICANT: TOMMY SATTERFIELD
AT OR ABOUT: 300 LARKIN RD.
REQUEST: FINAL PLAT- MARTINEZ ADDITION NO. 2, BLOCK A, LOT 2
PRESENTATION
6. PRESENTATION AND CONSIDER ACCEPTANCE OF REPORT OF FISCAL YEAR 2012
AUDIT.
7. PRESENTATION BY FIRST SOUTHWEST COMPANY REGARDING OPTIONS FOR
BOND REFINANCING.
CONSIDER ALL MATTERS INCIDENT AND RELATED TO THE ISSUANCE AND SALE
OF “TOWN OF SUNNYVALE, TEXAS, GENERAL OBLIGATION REFUNDING BONDS,
SERIES 2013”, INCLUDING THE ADOPTION OF AN ORDINANCE AUTHORIZING THE
ISSUANCE OF SUCH BONDS, ESTABLISHING PARAMETERS FOR THE SALE AND
ISSUANCE OF SUCH BONDS AND DELEGATING CERTAIN MATTERS TO
AUTHORIZED OFFICIALS OF THE TOWN.
DISCUSSION/ACTION ITEMS
8.
DISCUSS AND CONSIDER RESOLUTION 13-05: A RESOLUTION OF THE TOWN
COUNCIL OF SUNNYVALE REAFFIRMING AND APPROVING GUIDELINES AND
CRITERIA FOR TAX ABATEMENT AGREEMENTS, AND PROVIDING AN EFFECTIVE
DATE.
9.
DISCUSS AND CONSIDER ORDINANCE 13-10: AN ORDINANCE OF THE TOWN OF
SUNNYVALE TEXAS REPEALING SECTION 8.300 OF CHAPTER 8 OF THE CODE OF
ORDINANCE; PROVIDING FOR A NEW SECTION 8.300 NOISE NUISANCES; AS
HEREIN PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF A
FINE NOT TO EXCEED $500.00; PROVIDING AN EFFECTIVE DATE.
10. DISCUSS AND CONSIDER DESIGNATING THE FINANCIAL ASSISTANT POSITION
AS A REGULAR, FULL-TIME POSITION.
11. DISCUSS AND CONSIDER REVISING RESERVATION POLICIES FOR VINEYARD,
JOBSON, AND TOWN CENTER PARKS AS RECOMMENDED BY THE 4B
DEVELOPMENT CORPORATION BOARD OF DIRECTORS.
12. DISCUSS AND CONSIDER AUTHORIZING THE SUNNYVALE PUBLIC LIBRARY TO
PLACE A LITTLE FREE LIBRARY AT TOWN CENTER PARK.
Page 5
13. DISCUSS AND CONSIDER APPOINTING A CITIZEN COMMITTEE TO STUDY AND
EVALUATE THE NEEDS FOR FUTURE PUBLIC FACILITIES.
14. MAYOR AND COUNCIL REQUESTS FOR FUTURE STAFF UPDATES AND AGENDA
ITEMS.
EXECUTIVE SESSION
Recess into executive session pursuant to Chapter 551, Subchapter D of the Texas
Government Code:
EXECUTIVE SESSION AGENDA:
SECTION 551.074. PERSONNEL MATTERS
To deliberate the appointment, employment, evaluation, reassignment, duties, discipline,
or dismissal of a public officer or employee:
TOWN MANAGER
END OF EXECUTIVE SESSION
Reconvene into open session and take any action necessary as a result of the Executive
Session.
15. SECTION 551.074. PERSONNEL MATTERS
TOWN MANAGER
16. DISCUSS AND CONSIDER APPOINTING A RECRUITING FIRM FOR THE TOWN
MANAGER POSITION.
ADJOURN
ALL LOCATIONS IDENTIFIED ARE IN THE TOWN OF SUNNYVALE UNLESS OTHERWISE INDICATED. FOR
A DETAILED PROPERTY DESCRIPTION, PLEASE CONTACT THE BUILDING OFFICIAL AT TOWN HALL.
ALL ITEMS ON THE AGENDA ARE FOR POSSIBLE DISCUSSION AND ACTION. PLEASE TURN OFF ALL
TELEPHONES AND HANDHELD COMMUNICATION DEVICES WHILE IN ATTENDANCE AT THIS MEETING.
THE SUNNYVALE TOWN COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT
ANY TIME DURING THE COURSE OF THIS MEETING TO DISCUSS ANY OF THE MATTERS LISTED ABOVE,
AS AUTHORIZED BY TEXAS GOVERNMENT CODE SECTION 551.071 (CONSULTATION WITH ATTORNEY),
551.072 (DELIBERATION ABOUT REAL PROPERTY), 551.073 (DELIBERATIONS ABOUT GIFTS AND
DONATIONS), 551.074 (PERSONNEL MATTERS), 551.076 (DELIBERATIONS ABOUT SECURITY DEVICES),
AND 551.087 (ECONOMIC DEVELOPMENT).
THE TOWN OF SUNNYVALE IS COMMITTED TO COMPLIANCE WITH THE AMERICANS WITH DISABILITIES
ACT (ADA). REASONABLE ACCOMMODATIONS AND EQUAL ACCESS TO COMMUNICATIONS WILL BE
Page 6
PROVIDED TO THOSE WHO PROVIDE NOTICE TO THE DIRECTOR OF COMMUNITY SERVICES AT 972226-7177 AT LEAST 48 HOURS PRIOR TO THE MEETING.
THE FOREGOING NOTICE WAS POSTED IN THE FOLLOWING LOCATIONS:
SUNNYVALE ISD 417 E. TRIPP ROAD
SUNNYVALE LIBRARY AT 402 TOWER PLACE
I HEREBY CERTIFY THAT THE FOREGOING NOTICE WAS POSTED ON MARCH 22,
2013, IN THE FOLLOWING LOCATION AND REMAINED SO POSTED CONTINUOUSLY
FOR AT LEAST 72 HOURS PRECEDING THE SCHEDULED TIME OF SAID MEETING:
TOWN HALL AT 127 N. COLLINS ROAD
__________________________________________
LESLIE MALONE, TOWN SECRETARY
Page 7
RETURN TO AGENDA
AGENDA
TOWN OF SUNNYVALE
TOWN COUNCIL
SPECIAL MEETING
FEBRUARY 25, 2013
6:00 P.M.
ABSENT
MAYOR
MAYOR PRO-TEM
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
JIM PHAUP
KAREN HILL
PAULA YATES
SAJI GEORGE
RONNIE HENDERSON, JR
JIM WADE
CALL TOWN COUNCIL MEETING TO ORDER
Mayor Phaup called the meeting to order at 6:04 p.m. Councilmember George was absent.
EXECUTIVE SESSION
Government Code:
1. SECTION
551.071
–
PENDING
CONSULTATION WITH ATTORNEY
OR
CONTEMPLATED
LITIGATION
ICP VS. TOWN OF SUNNYVALE, CAUSE NO. 3:12-CV-146-O PENDING IN THE
UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF TEXAS.
2. ADVICE OF COUNSEL ON MATTER RELATED TO REZONING ACTIONS FOR
WHICH THE DUTY OF THE ATTORNEY TO THE TOWN COUNCIL UNDER THE
TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE
BAR OF TEXAS CLEARLY CONFLICTS WITH TEXAS GOVERNMENT CODE
CHAPTER 551.
Mayor Pro-Tem Hill made a motion, seconded by Councilmember Henderson to recess into
Executive Session at 6:34 p.m. Mayor Phaup called for a vote, and with Councilmember
Henderson, Mayor Pro-Tem Hill, and Councilmember Wade voting affirmative, the motion
passed 3/0. Councilmember Yates was out of the room.
Session.
CONSIDER ANY OFFICIAL ACTION ON THE EXECUTIVE SESSION CLOSED MEETING
ITEMS:
Page 8
RETURN TO AGENDA
1. SECTION
551.071
–
PENDING
CONSULTATION WITH ATTORNEY
OR
CONTEMPLATED
LITIGATION
ICP VS. TOWN OF SUNNYVALE, CAUSE NO. 3:12-CV-146-O PENDING IN THE
UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF TEXAS.
2. ADVICE OF COUNSEL ON MATTER RELATED TO REZONING ACTIONS FOR
WHICH THE DUTY OF THE ATTORNEY TO THE TOWN COUNCIL UNDER THE
TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT OF THE STATE
BAR OF TEXAS CLEARLY CONFLICTS WITH TEXAS GOVERNMENT CODE
CHAPTER 551.
Mayor Phaup reconvened the Town Council in open Session at 6:34 p.m. and the Town
Council took no action.
CONVENE JOINT WORKSHOP WITH PLANNING AND ZONING COMMISSION TO
CONSIDER ALTERNATIVES FOR REZONING 15-ACRE TRACT COMMONLY KNOWN AS
3210 BELT LINE ROAD, SUNNYVALE, TEXAS.
Mayor Phaup convened the Joint Workshop with the Planning & Zoning Commission at 6:34
p.m. Councilmember George was absent.
Mayor Phaup stated that representatives from the property owner were present, however they
did not wish to make any comments.
Previously, the Council changed the zoning on the property from Local Retail to Attached
Housing. Many residents thought Local Retail or Local Retail with Single Family in the rear of
the property was the best use for the property.
Chairperson Egan noted that the Planning & Zoning Commission had not had much time to
consider the options for rezoning the property. He stated he would like input from Town
Planner Sherry Sefko. He added that he would like to work with the property owner to come to
a decision that is mutually agreeable for both parties.
Mayor Phaup asked Staff to come back to the Planning & Zoning Commission with options for
rezoning the property.
Town Attorney Terry Morgan stated that the current Land Use Assumptions are based on
Commercial densities, and those will need to be updated.
ADJOURN JOINT WORKSHOP
Mayor Phaup and Chairperson Egan adjourned the Joint Workshop.
ADJOURN
Mayor Phaup adjourned the Town Council meeting at 6:41 p.m.
Page 9
RETURN TO AGENDA
The undersigned presiding officer certifies that this is a true and correct record of the
proceedings.
________________________
Mayor Jim Phaup
ATTEST:
__________________________
Leslie Malone, Town Secretary
Page 10
RETURN TO AGENDA
TOWN OF SUNNYVALE
REGULAR MEETING
MONDAY, FEBRUARY 25, 2013
7:00 P.M.
ABSENT
MAYOR
MAYOR PRO-TEM
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
JIM PHAUP
KAREN HILL
PAULA YATES
SAJI GEORGE
JIM WADE
INVOCATION
Mayor Pro-Tem Hill led the invocation.
PLEDGE OF ALLEGIANCE
Mayor Phaup led the Pledge of Allegiance.
Mayor Phaup called the meeting to order at 7:02 p.m. Councilmember George was absent.
PUBLIC FORUM
Citizens may speak on any matter other than personnel matters or matters under litigation. No
Town Council actions or discussion will be taken until such matter is placed on the agenda and
posted in accordance with law.
Linda Booth, 474 N. Collins Road, informed the Council that the Fire Department was hosting
a Blood Drive on Saturday, March, 2nd, from 12-4 p.m. at Town Hall, in honor of Stoney Creek
Resident Ryan Anthony.
John Noster, 120 Lakeview Drive, informed the Council that an area newspaper had a good
article on Hwy 190 that runs through Rowlett. The article stated that residents of a 1,600 home
subdivision adjacent to the highway have voiced concerns that the sound wall on the elevated
portion of the highway is ineffective. The Town should work towards depression of the
roadway because there are not enough residents to get a sound barrier. Residents along
elevated portions of the roadway will suffer.
Mayor Phaup stated that the Resolution approved by the Town included efforts for depression
and sound walls.
CONSENT AGENDA ITEMS 1 THROUGH 3
All items on the consent agenda are routine items and may be approved with one motion;
should any member of the Town Council or any individual wish to discuss any item, said item
may be removed from the consent agenda by motion of the Town Council.
1.
MINUTES OF REGULAR MEETING – FEBRUARY 11, 2013.
Page 11
RETURN TO AGENDA
2.
MINUTES OF JOINT 4B WORKSHOP – FEBRUARY 18, 2013.
3.
CONSIDER ORDINANCE 13-08: AN ORDINANCE OF THE TOWN OF SUNNYVALE
AMENDING ORDINANCE 13-06, AN ORDINANCE ORDERING AN ELECTION TO BE
HELD IN SAID TOWN AT THE NEXT UNIFORM ELECTION DATE ON THE 11TH DAY
OF MAY, 2013, FOR THE PURPOSE OF ELECTING TWO COUNCILMEMBERS AND
ONE MAYOR AND TO DECIDE ON A PROPOSITION DETERMINING FOR OR
AGAINST A TOWN OF SUNNYVALE CHARTER; DESIGNATING THE PLACE AT
WHICH SAID ELECTION IS TO BE HELD, MAKING PROVISIONS FOR THE
CONDUCT OF THAT ELECTION AND OTHER PROVISIONS INCIDENT AND
RELATING TO THE PURPOSE OF THIS ORDINANCE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
DISCUTIR LA ORDENANZA 13-08: UNA ORDENANZA DE LA CIUDAD DE
SUNNYVALE, QUE MODIFICA LA ORDENANZA 13-06, UNA ORDENANZA DE LA
CIUDAD DE SUNNYVALE, ORDENAR UNA ELECCIÓN QUE SE CELEBRARÁ EN
DICHA CIUDAD EN LA PRÓXIMA FECHA DE LA ELECCIÓN UNIFORME EL DÍA 11
DE MAYO DE 2013, CON EL FIN DE ELEGIR A DOS CONCEJALES Y UN ALCALDE
Y DECIDIR SOBRE UNA PROPUESTA DETERMINANTE PARA O CONTRA UNA
CARTA DE LA CIUDAD DE SUNNYVALE; DESIGNAR EL LUGAR EN QUE DICHA
ELECCIÓN DEBE SER SOSTENIDO, ADOPTAR DISPOSICIONES PARA LA
REALIZACIÓN DE ESA ELECCIÓN Y OTRO INCIDENTE DE DISPOSICIONES
RELACIONADAS CON EL PROPÓSITO DE LA PRESENTE ORDENANZA;
PROPORCIONANDO UNA CLÁUSULA DE DIVISIBILIDAD; Y PROPORCIONAR UNA
FECHA EFECTIVA.
Councilmember Henderson asked to remove Item 1 from the Consent Agenda.
Councilmember Wade made a motion, seconded by Councilmember Henderson, to approve
Items 2 and 3 of the Consent Agenda. Mayor Phaup called for a vote, and with all members
voting affirmative, the motion passed 4/0.
Councilmember Henderson stated that in Item 1, page 14 of the packet should be changed to
“Councilmember Henderson stated that if he was asked to choose between family
commitments, and attending Council meetings, it is an easy choice.”
Councilmember Henderson made a motion to approve the Minutes of the Regular Meeting
held on February 11, 2013. Mayor Pro-Tem Hill seconded the motion. Mayor Phaup called for
a vote, and with all members voting affirmative, the motion passed 4/0.
PUBLIC HEARING
Open or continue public hearing, consider testimony and other information provided, close
public hearing, and take necessary action with respect to the following:
4. APPLICANT: R&M MOTLEY, LLC
AT OR ABOUT: 309 E. HWY 80
Page 12
RETURN TO AGENDA
REQUEST: CONDITIONAL USE PERMIT – ACCESSORY BLDG. EXCEEDING 400 SQ
FT
Director of Community Development Steve Gilbert introduced the request.
Robert Crouch, of College Station, Texas, was present to represent the applicant. The property
is at the same location as a former car lot. The applicant will put in a berm and live screening
along the rear property line. The existing building and new addition will match. There will be
masonry and fire hydrants. This addition is to limit outside storage and help prevent theft.
Director of Community Development Steve Gilbert stated the building will be 100% masonry
with up to 60% stucco.
Mayor Phaup opened the Public Hearing.
Ted Meredith, 304 Parkview Drive, stated there are 30 to 40 million dollars’ worth of homes to
the rear of this property. The value of the subdivision should be preserved.
Cindy Bornowski, 106 Big Bend Circle, stated that notification of the request was not sent to
the Home Owner’s Association. The owner of the property has not followed through in the
past. The Town received four responses to this request. Rick Shelton stated the property
owners should follow the same design standards as other new development. The applicant
has only cleaned up the property in anticipation of coming before the Planning and Zoning
Commission and the Town Council. Ms. Bornowski asked the Council to deny the request
unless the stipulations have teeth.
John Noster, 120 Lakeview Drive, stated he had concerns. The applicant has done no
screening since the initial building on the site. There is no buffering between the site and
residential properties to the rear.
Mayor Phaup closed the Public Hearing.
In response to questions from the Council, the applicant stated that this is a lease property.
This is an effort to maintain tenants. This is a change of use. The lessee is a resident of
Sunnyvale. The 17,000 square feet of gravel is existing and is mainly used as a turn-around
for vehicles. The landscaping for both properties is similar with a fence and landscaping in the
front of the property. Ms. Motley’s son-in-law is now managing the property, which will result in
better upkeep.
Director of Community Development Steve Gilbert stated the applicant will have to add two fire
hydrants for the two properties.
Councilmember Wade stated he was not opposed to the owner cleaning up and making
improvements. With Sunnyvale Centre located across the highway, he did not like the look of
large storage buildings and gravel parking lots.
Page 13
RETURN TO AGENDA
Mayor Phaup stated we are dealing with businesses that should have been taken care of. The
Motley family has long term plans. The Council could consider allowing the Conditional Use
Permit (CUP) a time limit of two to three years.
The applicant stated the current proposed deal is for three years with a one year option.
After additional discussion, Mayor Pro-Tem Hill made a motion, seconded by Councilmember
Henderson, to approve a Conditional Use Permit for an accessory building to exceed 400
square feet at 309 East Highway 80, for a term not to exceed three years; removing three
nonconforming structures on the property; restricting driving and parking to improved surfaces
only; providing the required parking; installing landscaping and irrigation to include a six foot
landscaped berm along the back of the lot to establish screening from the adjacent residential
property; installing required fire hydrants to meet the spacing requirement, and to allow up to
60% use of stucco. Mayor Phaup called for a vote, and with all members voting affirmative,
the motion passed 4/0.
5. APPLICANT: R&M MOTLEY, LLC
AT OR ABOUT: 307 E. HWY 80
REQUEST: TO EXPAND AN EXISTING CONDITIONAL USE PERMIT TO ALLOW FOR
THE EXPANSION OF AN EXISTING ACCESSORY BLDG.
Director of Community Development Steve Gilbert stated that this application was
recommended for approval by the Planning and Zoning Commission as requested.
Applicant representative, Robert Crouch, of College Station, Texas, stated there will be
landscaping and berms along the rear of the property, as well as extended concrete for
parking. The driveway will extend past the addition approximately 25 feet.
Mayor Phaup opened the Public Hearing.
Cindy Bornowski, 106 Big Bend Circle, informed the Council this property is one of the worst
offenders in Town. There should be a time frame for installation on the berm.
John Noster, 102 Lakeview, stated the installation of the berm should be required before a
building permit is issued.
Mayor Phaup closed the Public Hearing.
Director of Community Development Steve Gilbert stated the sides and rear of the building are
proposed to be metal.
Councilmember Wade stated the proposed building is metal. Why is the applicant not using
the same specifications as the property next door? The property is currently nonconforming.
Granting this CUP is only continuing nonconformance.
Mayor Pro-Tem Hill stated this should be a quality project. She would be willing to approve the
request with masonry on the front and rear of the building, or 60% stucco, and brick
Page 14
RETURN TO AGENDA
wainscoting on the north side of the building. Landscaping designed to cover the building
quickly would also be agreeable.
Councilmember Wade stated this site plan is different than the CUP just considered. Ms.
Motley owns 21 acres. We need wainscoting and stucco on the back and west side.
Councilmember Henderson stated he appreciated the applicant cleaning up and making an
investment. He is open to a living screen to the rear of the property. He also stated the driving
force behind the request is theft.
After additional discussion, Mayor Pro-Tem Hill made a motion, seconded by Councilmember
Henderson, to approve the request for a Conditional Use Permit to allow for the expansion of
an existing accessory building at 307 E. Hwy 80, requiring a berm and living screen; additional
trees 25 feet to the north of the new building, and additional trees to fill in the existing tree line
on the west side of the property. Mayor Phaup called for a vote, and with all members voting
affirmative, the motion passed 4/0.
6. APPLICANT: DELBERT JAMES
AT OR ABOUT: SW CORNER OF PASCHALL RD AND LONG CREEK
REQUEST: REPLAT OF STONE CANYON EAST LOTS 182R, 184R, 185R.
Director of Community Development Steve Gilbert introduced the request. This replat would
convert four existing lots into three lots. This adds more square footage to the lots to make
more buildable. All lots are currently owned by the applicant.
Eric James, 4220 Crestover, Mesquite, was present to represent the applicant.
Mayor Phaup opened the Public Hearing. No comments were made. Mayor Phaup closed the
Public Hearing.
Councilmember Henderson made a motion, seconded by Councilmember Yates, to approve
the replat of Stone Canyon East Lots 182R, 184R, and 185R. Mayor Phaup called for a vote,
and with all members voting affirmative, the motion passed 4/0.
7. APPLICANT: BUSTER BRAMALL
AT OR ABOUT: 642 E. TRIPP RD.
REQUEST: CONDITIONAL USE PERMIT TO WAIVE MASONRY REQUIREMENTS FOR
AGRICULTURAL ACCESSORY BUILDING.
Director of Community Development Steve Gilbert stated this was the Town’s first request to
wave the masonry requirements for an agricultural accessory building.
Applicant Buster Bramall, 642 E. Tripp Road, was present.
Mayor Phaup opened the Public Hearing. No comments were made. Mayor Phaup closed the
Public Hearing.
Page 15
RETURN TO AGENDA
Councilmember Yates made a motion, seconded by Councilmember Henderson, to approve a
Conditional Use Permit to waive masonry requirements for an agricultural accessory building.
Mayor Phaup called for a vote, and with all members voting affirmative, the motion passed 4/0.
The Council took a ten minute recess.
PRESENTATION
8.
PRESENTATION OF PROPOSED STUDY OF FUTURE POLICE SERVICES BY
THOMAS LATHAM.
Mayor Phaup stated the Council discussed a study of future police services at the previous
Council meeting. There is no intent to change the current arrangement with the Dallas County
Sheriff’s Department (DSO). It is a good practice to have a study in place. Currently, the DSO
has a 30 day out clause.
Thomas Latham informed the Council that this came up approximately eight years ago. It
would not be a big deal for DSO to cancel the current contract. It would take 5 years for the
Town to have a fully operational police Department once the decision was made to begin
implementing the program. The study would take six months to one year to complete. Items
such as jail services, dispatch, crime scene investigation, evidence processing, evidence
storage, training, records retention, staffing, equipment, and building need to be considered.
In response to a question from Mayor Phaup, Latham stated in order to become a Police
Department, a municipality has to ask the Texas Commission on Law Enforcement Officer
Standards and Education (TCLEOSE) for an identification number. The cost for a Police
Department could be more than what the Town currently pays to DSO. In response to a
question from Councilmember Henderson, Latham stated that it is unknown what kind of
service the Town would receive from a Police Department operating at 1.4 million dollars until
the study is complete. The study has a shelf life of about three years. Latham also responded
that he had rather discuss the cost of the study in private. In response to a question from
Mayor Phaup, Latham stated the study could take eight months to a year to complete.
Interim Town Manager Dan Savage stated that the Town needs a formal proposal outlining the
scope, cost, timeline and budget. This is complex and a granular study is needed.
Latham stated who ever completes the study needs to know Sunnyvale.
Mayor Pro-Tem Hill stated that we need to determine the cost and how the study fits into the
budget. The current contract needs to be extended beyond the 30 day out clause, but DSO
has not been amicable to that in the past.
Councilmember Henderson stated that the current 30 day out clause would only provide the
Town with enough time to negotiate with neighboring cities. An eight to twelve month study
will be a hefty price tag. We have to be prudent to the budget.
Councilmember Yates voiced concerns over the costs and about getting realistic figures.
Page 16
RETURN TO AGENDA
Councilmember Wade stated the focus should not be on costs as much as the process. We
will not be able to spend less with our own Department than what we currently spend with
DSO. We do not currently have administrative positions. Before the cost is considered, we
need a picture of what the department will look like.
Mayor Phaup stated there has to be some savings after implementation of a department or
DSO would not provide the service.
Mayor Phaup stated he would like to see a proposal.
Councilmember Henderson stated he would like to see a proposal with the cost to determine
the financial costs of starting a department and one that would outline the process. Mayor
Phaup added that he would like to see a proposal including an overview of Public Safety as
well at the March 25, Regular Council Meeting.
DISCUSSION/ACTION ITEMS
9.
DISCUSS AND CONSIDER AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT
FOR A STUDY OF FUTURE POLICE SERVICES.
No action was taken.
10. DISCUSS AND CONSIDER RESOLUTION 13-03: A RESOLUTION OF THE TOWN
COUNCIL OF THE TOWN OF SUNNYVALE APPROVING THE ENTERING INTO OF AN
INTERLOCAL AGREEMENT WITH THE CITY OF DALLAS FOR THE SALE OF
BIOMEDICAL TELEPHONE SERVICES OF THE BIO-TEL SYSTEM STAFFED BY
PARKLAND MEMORIAL HOSPITAL.
Councilmember Yates made a motion, seconded by Mayor Pro-Tem Hill to approve Resolution
13-03. Mayor Phaup called for a vote, and with all members voting affirmative, the motion
passed 4/0.
11. REVIEW
BOARD
AND
COMMISSION
ATTENDANCE
AND
CONSIDER
APPOINTMENTS AND/OR REMOVALS FOR BOARDS AND COMMISSIONS.
BOARD OF ADJUSTMENTS
PLANNING & ZONING COMMISSION
4A ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS
4B ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS
LIBRARY BOARD
TIRZ BOARD OF DIRECTORS
Mayor Pro-Tem Hill mentioned that she had reached out to 4B Development Corporation
Board Member John Bailey. His previous absences were work related and due to unusual
circumstances that are now resolved. She would like to require Board/Commission members
to contact the Board/Commission President or Chairman as well as the Town Secretary prior
to the meetings if they are going to be absent.
Page 17
RETURN TO AGENDA
Councilmember Yates stated when the Council holds future interviews for appointments, the
Council needs to impress upon the appointees the commitment to the Board/Commission may
require meetings at different times throughout their appointment.
12. DISCUSS OLD SCHOOLHOUSE CURRENTLY LOCATED AT 402 TOWER PLACE.
Mayor Phaup stated the Mesquite Historical Commission indicated they had no interest in the
building. The current state of the building is such that it cannot be recovered for long-term
purposes. There is no white knight to step in and save the structure.
Councilmember Wade asked for the cost of getting rid of the building.
Councilmember Yates stated she would like to have a historical person do a bench out of the
building materials if possible.
The Council directed Staff to research options for the building.
13. DISCUSS AND CONSIDER RESCHEDULING OR CANCELLING THE REGULAR
TOWN COUNCIL MEETING SCHEDULED FOR MONDAY, MARCH 11, 2013.
Councilmember Henderson made a motion, seconded by Mayor Pro-Tem Hill to cancel the
Regular Town Council Meeting scheduled for Monday, March 11, 2013. Mayor Phaup called
for a vote, and with all members voting affirmative, the motion passed 4/0.
14. MAYOR AND COUNCIL REQUESTS FOR FUTURE STAFF UPDATES AND AGENDA
ITEMS.
Mayor Phaup stated the Friends of the Sunnyvale Public Library would hold their annual
meeting to discuss the vision for future library. Mayor Phaup also stated he would like for a
Citizen Committee to be appointed to study and discuss the need for future public buildings.
Mayor Pro-Tem Hill stated that long-time community member Henry George passed away.
EXECUTIVE SESSION
Government Code:
SECTION 551.074. PERSONNEL MATTERS.
TOWN MANAGER
Mayor Pro-Tem Hill made a motion, seconded by Councilmember Yates, to recess into
Executive Session. Mayor Phaup called for a vote, and with all members voting affirmative,
the motion passed 4/0.
Page 18
RETURN TO AGENDA
Session.
15. SECTION 551.074. PERSONNEL MATTERS.
TOWN MANAGER
Mayor Phaup reconvened the Town Council meeting at 10:31 p.m. and stated no action would
be taken.
ADJOURN
Mayor Phaup adjourned the meeting at 10:31 p.m.
proceedings.
________________________
Mayor Jim Phaup
ATTEST:
__________________________
Page 19
RETURN TO AGENDA
TOWN OF SUNNYVALE
SPECIAL MEETING
MONDAY, MARCH 4, 2013
6:00 P.M.
ABSENT
MAYOR
MAYOR PRO-TEM
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
JIM PHAUP
KAREN HILL
PAULA YATES
SAJI GEORGE
JIM WADE
Mayor Phaup called the meeting to order at 6:06 p.m. Councilmember Wade was absent.
Councilmember George arrived at 6:18 p.m. Councilmember Henderson left at 7:07 p.m.
EXECUTIVE SESSION
Government Code:
A. SECTION 551.074. PERSONNEL MATTERS
Town Manager
Councilmember Yates made a motion, seconded by Mayor Pro-Tem Hill to recess into
Executive Session at 6:06 p.m. Mayor Phaup called for a vote, and with all members voting
affirmative, the motion passed 3/0.
Session.
1.
CONSIDER ANY OFFICIAL ACTION ON THE EXECUTIVE SESSION CLOSED
MEETING ITEMS:
A. SECTION 551.074. PERSONNEL MATTERS
Page 20
RETURN TO AGENDA
Town Manager
The Town Council reconvened in open session at 7:23 p.m. No action was taken.
ADJOURN
Mayor Phaup adjourned the meeting at 7:23 p.m.
proceedings.
________________________
Mayor Jim Phaup
ATTEST:
__________________________
Page 21
RETURN TO AGENDA
Town Secretary
☒ Consent
Town Council
Fiscal
Year25,
2012
- 2013
March
2013
☐ Public Hearing ☐ Presentation ☐ Discussion
☐ Action
Department: Town Secretary
Subject: Dallas County Elections Contract
Background:
Attached is the contract for the joint election with Dallas County Election’s Department.
The total cost to the Town for the election is $4,482.14. The attached contract is the
same basic contract the Town has approved in the past. Staff recommends approval.
Leslie Malone
Town Secretary
Page 22
RETURN TO AGENDA
JOINT ELECTION CONTRACT
AND
ELECTION SERVICES AGREEMENT
BETWEEN
THE DALLAS COUNTY ELECTIONS ADMINISTRATOR
AND
TOWN OF ADDISON (TOA)
CITY OF BALCH SPRINGS (COBS)
CITY OF CEDAR HILL (COCdH)
CITY OF COCKRELL HILL (COCkH)
CITY OF DALLAS (COD)
CITY OF DESOTO (CODe)
CITY OF DUNCANVILLE (CODu)
CITY OF FARMERS BRANCH (COFB)
CITY OF GARLAND (COG)
CITY OF GLENN HEIGHTS (COGH)
CITY OF GRAND PRAIRIE (COGP)
CITY OF HUTCHINS (COH)
CITY OF IRVING (COI)
CITY OF LANCASTER (COL)
CITY OF MESQUITE (COM)
CITY OF RICHARDSON (COR)
CITY OF ROWLETT (CORw)
CITY OF SACHSE (COSa)
CITY OF SEAGOVILLE (COSe)
CITY OF WILMER (COW)
TOWN OF SUNNYVALE (TOS)
NORTHWEST DALLAS COUNTY FLOOD CONTROL (NWDCFC)
CARROLLTON-FARMERS BRANCH INDEPENDENT SCHOOL DISTRICT (CFBISD)
CEDAR HILL INDEPENDENT SCHOOL DISTRICT (CHISD)
COPPELL INDEPENDENT SCHOOL DISTRICT (CPISD)
DALLAS INDEPENDENT SCHOOL DISTRICT (DISD)
DALLAS COUNTY SCHOOL BOARD (DCSB)
DESOTO INDEPENDENT SCHOOL DISTRICT (DeISD)
DUNCANVILLE INDEPENDENT SCHOOL DISTRICT (DuISD)
GARLAND INDEPENDENT SCHOOL DISTRICT (GISD)
GRAND PRAIRIE INDEPENDENT SCHOOL DISTRICT (GPISD)
HIGHLAND PARK ISD (HPISD)
IRVING INDEPENDENT SCHOOL DISTRICT (IISD)
LANCASTER INDEPENDENT SCHOOL DISTRICT (LISD)
MESQUITE INDEPENDENT SCHOOL DISTRICT (MISD)
RICHARDSON INDEPENDENT SCHOOL DISTRICT (RISD)
SUNNYVALE INDEPENDENT SCHOOL DISTRICT (SUISD)
FOR THE CONDUCT OF A JOINT ELECTION
TO BE HELD SATURDAY, MAY 11, 2013
TO BE ADMINISTERED BY THE DALLAS COUNTY ELECTIONS DEPARTMENT (DCED)
1
Page 23
RETURN TO AGENDA
1.
JURISDICTION AND PARTICIPATING POLITICAL SUBDIVISIONS
1.1
The Town of Addison (TOA) plans to hold a General Municipal Election May 11, 2013 for
3 City Council Members at-large and a Mayoral Position in 6 Dallas County voting
precincts. The City of Balch Springs (COBS) plans to hold a General Municipal Election on
May 11, 2013 for City Councilmember Places 3, 5, 7 and a Special Proposition Election
and a Mayoral position in 13 Dallas County voting precincts. The City of Cedar Hill
(COCdH) plans to hold a General Municipal Election for City Councilmember Places 3 and
5 and a Mayoral position on May 11, 2013 in 16 Dallas County voting precincts and 1
Ellis County voting precinct. The City of Cockrell Hill (COCkH) plans to hold a General
Municipal Election on May 11, 2013 for Alderman Places 3, 4 and 5 in 1 Dallas County
voting precinct. The City of Dallas (COD) plans to hold a General Municipal Election on
May 11, 2013 for City Councilmember Places 1 - 14 in 415 Dallas County voting
precincts, 13 Collin County Precincts, 3 Denton County voting precincts and 1 Rockwall
County voting precincts. The City of DeSoto (CODe) plans to hold a General Municipal
Election on May 11, 2013 for City Councilmember Places 3 and 5 and a Mayoral position
in 23 Dallas County voting precincts. The City of Duncanville (CODu) plans to hold a
General Municipal Election on May 11, 2013 for City Councilmember at large and for
Districts 1, 3 and 5 and place at large in 13 Dallas County voting precincts. The City of
Farmers Branch (COFB) plans to a General Municipal Election on May 11, 2013 for City
Councilmember Places 1 and 4 and a Special Bond Election in 13 Dallas County voting
precincts. The City of Garland (COG) plans to hold a General Municipal Election for City
Councilmember Districts Place 3, 6, 7 and 8 and a Mayoral position in 51 Dallas County
voting precincts and 2 Collin County voting precincts. The City of Glenn Heights (COGH)
plans to hold a General Municipal Election on May 11, 2013 for City Councilmember
Place 2 unexpired term in 2 Dallas County Precinct and 1 Ellis County Precinct. The City
of Grand Prairie (COGP) plans to hold a General Municipal Election on May 11, 2013 for
City Councilmember Districts 2 and 4, a Mayoral position, a Special Election for Districts
1 and 6 unexpired term and Special Sales Tax Election in 37 Dallas County voting
precincts and 1 Ellis County voting precinct. The City of Hutchins (COH) plans to hold a
General Municipal Election on May 11, 2013 for three (3) City Councilmembers at large
in 1 Dallas County voting precincts. The City of Irving (COI) plans to hold a General
Municipal Election on May 11, 2013 for City Councilmember District 1 and 7 – single
member districts, Place 2 – at large in 65 Dallas County voting precincts. The City of
Lancaster (COL) plans to hold a General Municipal Election on May 11, 2013 for a
Councilmember District 1, 3 and 5 in 8 Dallas County voting precincts. The City of
Mesquite (COM) plans to hold a General Municipal Election on May 11, 2013 for City
Councilmember Places 1, 2 and 6 and a Mayoral position in 40 Dallas County voting
precincts and 1 Kaufman County voting precincts. The City of Richardson (COR) plans to
hold a General Municipal Election on May 11, 2013 for six (6) Councilmember places and
a Mayoral position in 23 Dallas County voting precincts and 6 in Collin County voting
precincts. The City of Rowlett (CORw) plans to hold a General Municipal Election on May
11, 2013 for City Councilmember Places 2, 4 and 6 and a Mayoral position in 10 Dallas
County voting precincts and 2 Rockwall County voting precincts. The City of Sachse
2
Page 24
RETURN TO AGENDA
(COSa) plans to hold a General Election on May 11, 2013 for City Councilmember Places
5 and 6, Mayoral position, Special Tax Election and a Special Charter Amendment
Election in 3 Dallas County voting precincts and (3) Collin County voting precincts. The
City of Seagoville (COSe) plans to hold a General Municipal Election on May 11, 2013 for
City Councilmember Places 2, 4 and a Mayoral position in 5 Dallas County voting
precincts and 1 Kaufman County voting precinct. The City of Wilmer (COW) plans to hold
a General Municipal Election on May 11, 2013 for three (3) City Councilmembers atlarge in 1 Dallas County voting precinct. The Town of Sunnyvale (TOS) plans to hold a
General Election on May 11, 2013 for two (2) Councilmember seats, a Mayoral Position
and a Special Charter Amendment Election in 2 Dallas County voting precincts. The
Northwest Dallas County Flood Control (NWDCFC) plans to hold an election on May 11,
2013 for three (3) Board of Directors positions in 2 Dallas County voting precincts.
1.2
The Dallas County School Board (DCSB) plans to hold a Board of Education Trustees
election on May 11, 2013 for a Place at large in 759 Dallas County precincts and for
District 2 in 182 Dallas County Voting precincts and District 3 in 187 Dallas County voting
precincts located wholly or partially within the District. The Carrollton Farmers Branch
Independent School District (CFBISD) plans to hold a Board of Education Trustee
Election on May 11, 2013 for Places 5, 6 and 7 in 37 Dallas County voting precincts and 9
Denton County voting precincts located wholly or partially within the District. The Cedar
Hill Independent School District (CHISD) plans to hold a Board of Education Trustee
Election on May 11, 2013 for Places 1 and 2 in 18 Dallas County voting precincts located
wholly or partially within the District. The Coppell Independent School District (CpISD)
plans to hold a Board of Education Trustee Election on May 11, 2013 for Places 1, 2, 3
and a Special Bond Election in 20 Dallas County voting precincts located wholly or
partially within the District. The Dallas Independent School District (DISD) plans to hold a
Board of Education Trustee Election on May 11, 2013 for District 4, 5, and 7 in 22 Dallas
County voting precincts located wholly or partially within the District. The DeSoto
Independent School District (DeISD) plans to hold a Board of Education Trustee Election
on May 11, 2013 for Places 1 and 2 in 132 Dallas County voting precincts located wholly
or partially within the District. The Duncanville Independent School District (DuISD)
plans to hold a Board of Education Trustee Election on May 11, 2013 for Places 1, 2 and
3 in 26 Dallas County voting precincts located wholly or partially within the District. The
Garland Independent School District (GISD) plans to hold a Board of Education Trustee
Election on May 11, 2013 for Places 1, 2 and 3 in 67 Dallas County voting precincts
located wholly or partially within the District. The Grand Prairie Independent School
District (GPISD) plans to hold a Board of Education Trustee Election for Places 1 and 2 on
May 11, 2013 in 38 Dallas County voting precincts located wholly within the District. The
Highland Park Independent School District (HPISD) plans to hold a Board of Education
Trustee Election on May 11, 2013 for Districts 3, 4 and 5 in 14 Dallas County voting
precincts located wholly or partially within the District. The Irving Independent School
District (IISD) plans to hold a Board of Education Trustee Election on May 11, 2013 for
Districts 5, 6, and 7 at large in 61 Dallas County voting precincts located wholly or
partially within the District. The Lancaster Independent School District (LISD) plans to
3
Page 25
RETURN TO AGENDA
hold a Board of Education Trustee Election on May 11, 2013 for Districts 3 and 6 in 5
Dallas County voting precincts located wholly or partially within the District. The
Mesquite Independent School District (MISD) plans to hold a Board of Trustee Election
on May 11, 2013 for Places 1 and 2 in 48 Dallas County voting precincts located wholly
or partially within the District. The Richardson Independent School District (RISD) plans
to hold a Board of Education Trustee Election on May 11, 2013 for Places 3, 4 and 5
in 74 Dallas County voting precincts located wholly or partially within the District. The
Sunnyvale Independent School District (SuISD) plans to hold a Board of Education
Trustee Election on May 11, 2013 for Places 6 and 7 in 2 Dallas County voting precincts
located wholly or partially within the District.
1.3
A list of each election precinct or partial election precinct (each precinct unit) involved in
the Joint Election, together with the name of the participating political subdivision
holding an election in that precinct unit, and the number of registered voters in that
precinct unit, is shown in Attachment "E". DCED will forward an updated and amended
version of Attachment "E" to each participating political subdivision showing registered
voters as of the deadline for registering to vote in the elections listed in Section 1 of this
Election Services Contract and Joint Election Agreement.
2
ADMINISTRATION AND STATUTORY AUTHORITY
2.1
Antoinette “Toni” Pippins-Poole (hereafter referred to as Toni Pippins-Poole) is the duly
appointed County Elections Administrator of Dallas County, Texas and the Department
Head of the Dallas County Elections Department (DCED). As such, Mrs. Pippins-Poole is
the County Election Officer of Dallas County, Texas and is thereby authorized by
Subchapter D of Chapter 31 of Title 3 of the Texas Election Code to enter into this joint
election agreement and election services contract with the contracting authorities of
the participating political subdivisions listed in Section 1 of this contract.
2.2
The contracting authorities of the political subdivisions listed in Section 1 of this joint
election agreement and election services contract are hereby participating in the joint
election to be held in Dallas County, Texas on May 11, 2013 pursuant to Chapter 271 of
Title 16 of the Texas Election Code and are hereby contracting with the Elections
Administrator of Dallas County, Texas to perform the election services set forth herein
pursuant to Subchapter D of Chapter 31 of Title 3 of the Texas Election Code.
2.3
DCED agrees to coordinate, supervise and handle all aspects of administering the Joint
Election in accordance with the provisions of the Texas Election Code and as outlined in
this agreement. Each contracting authority of each participating political subdivision
agrees to pay DCED for equipment, supplies, services and administrative costs as
outlined in this agreement. DCED will serve as administrator for the election; however,
each participating political subdivision remains responsible for the lawful conduct of
their respective election.
3
LEGAL DOCUMENTS
3.1
Each participating political subdivision will be responsible for preparation, adoption and
publication of all required election orders, resolutions, notices and any other pertinent
4
Page 26
RETURN TO AGENDA
documents required by their respective governing bodies.
3.2
Each participating entity will be responsible for making the submission required by the
Federal Voting Rights Act of 1965, as amended, with regard to administration of the
Joint Election. A copy of the submission will be furnished to DCED by each participating
political subdivision. Any other changes which require preclearance by the U.S.
Department of Justice will be the responsibility of each participating political
subdivision. Preparation of necessary bilingual materials for notices and preparation of
the text for the official ballot will also be the responsibility of each participating political
subdivision. Each participating political subdivision will provide a copy of their respective
election notices and justice submission to DCED.
4
DIRECT RECORD VOTING SYSTEM/OPTICAL SCAN
4.1
Each participating political subdivision agrees that voting at the Joint Election will be by
use of a direct record and optical scan voting system approved by the Secretary of State
in accordance with the Texas Election Code. DCED will be responsible for the
preparation of programs and the testing of the direct record system and optical scan
system used for tabulating the ballots. Testing of the direct record equipment will be
conducted at the Elections Department, 2377 N. Stemmons Frwy, Suite 820, Dallas
beginning Tuesday, April 23, 2013 at 10:00 am and testing of the optical scan equipment
will be conducted at the Election Equipment Warehouse, 1506 East Langdon Road,
Hutchins beginning Thursday, April 11, 2013 at 10:00 am, and before ballots are
tabulated at the scheduled polling locations listed in Section 13 of this contract and
Attachment “B” by the presiding judges. At least 48 hours before the date and hour of
the first testing of each type of equipment, DCED shall publish a newspaper notice of
the date, hour, and place of the testing. DCED agrees to establish ten (10) regional sites
and a central counting station to receive and tabulate the voted ballots and provisional
ballots as outlined in Section 9 of this agreement.
4.2
DCED agrees to provide direct record tabulators, precinct tabulators, and voting booths
for the Joint Election. The Gemini voting booth allocation will be based on providing one
(1) Gemini for each 300 registered voters in each election precinct unit, not to exceed
six (6) Gemini voting booths in any given precinct unit, one (1) Americans with
Disabilities Act (ADA) Terminal per location, one (1) precinct tabulator in any given
precinct unit, and not to exceed at any given time eight (8) iVotronics and two (2)
Master PEB’s per early voting location.
4.3
It is estimated that 1,300 Gemini’s, 380 precinct tabulators, 290 iVotronics, 380 ADA
Terminals, and Master PEB’s will be needed to conduct the May 11, 2013 Joint Election.
The cost of the direct record voting system for the election will be determined by
multiplying the total number of iVotronics by $250.00 each, ADA Terminals by $300.00
each, and Master PEB’s at no cost. The cost for the use of the Gemini voting booths will
be $35.00 each. The cost for the use of the precinct tabulators will be $468.00 each (See
Attachment “A”). It is agreed by all of the participating political subdivisions that ADA
voting terminals will be used during the Joint Election in accordance with the Help
America Vote Act of 2002 (HAVA), and that the said terminals will be part of the Joint
5
Page 27
RETURN TO AGENDA
Election Agreement.
5
VOTING LOCATION
5.1
DCED will select and arrange for the use of and payment for all voting locations, subject
to the approval of each participating political subdivision. Voting locations will be,
whenever possible, the usual voting locations for the precincts. Voting precincts may be
combined by mutual agreement between the participating authorities. The proposed
voting locations are listed in Attachment "B" of this agreement. In the event a voting
location is not available, DCED will arrange for use of an alternate location with the
approval of each participating political subdivision affected by the change. DCED will be
responsible for submitting any polling location changes to the Department of Justice for
pre-clearance. DCED will notify each participating political subdivision of any changes
from the locations listed in Attachment "B".
5.2
DCED will send each participating political subdivision a final version of Attachment "B",
as amended which reflects the actual locations to be used on the day of the election.
DCED will send a written notice by U.S. Mail to any registered voter whose precinct
polling place location has changed since the preceding election ordered by each political
subdivision.
6
ELECTION JUDGES, ALTERNATE JUDGES, CLERKS AND OTHER ELECTION PERSONNEL
6.1
DCED will be responsible for the appointment of the presiding judge and alternate judge
for each polling location subject to the approval of each participating political
subdivision. DCED shall arrange for the training of all presiding judges and alternate
judges. The proposed election judges and alternates are listed in Attachment "C" of this
agreement. If a person is unable or unwilling to serve, DCED will name a judge for the
precinct and notify each participating political subdivision affected by the change.
6.2
In compliance with the Federal Voting Rights Act of 1965, as amended, precincts
containing more than 5% Hispanic population, according to the 2010 census statistics,
are required to have interpreter assistance. If a presiding judge of such a precinct is not
bilingual and is unable to hire a bilingual clerk, DCED may recommend an individual to
provide interpreter assistance. If DCED is unable to recommend an individual to provide
interpreter assistance for such a precinct, DCED shall notify the participating political
subdivision which shall then be responsible for recommending an individual to provide
interpreter assistance for such a precinct. In the event that a bilingual clerk is hired by
DCED for a precinct required to have interpreter assistance, the bilingual clerk shall be
paid according to a rate set by DCED. DCED shall then charge that expense to the funds
deposited with the Dallas County Treasurer for the conduct of the elections listed in
Section 1 of this joint election agreement and election services contract. A participating
political subdivision may pay a greater amount of money to a bilingual clerk than the
rate set by DCED, however that expense shall be borne by that participating political
subdivision individually and that expense shall not be charged to the funds deposited
with the Dallas County Treasurer for the conduct of the elections listed in Section 1 of
this agreement.
6
Page 28
RETURN TO AGENDA
6.3
DCED is responsible for notifying all election judges of the eligibility requirements of
Subchapter C of Chapter 32 of Title 3 of the Texas Election Code and Section 271.005 of
the Texas Election Code, and will take the necessary steps to insure that all election
judges and alternate judges appointed for the Joint Election are eligible and qualified to
serve. According to Section 32.031 (a) of the Texas Election Code, the presiding judge for
each election precinct shall appoint the election clerks to assist the judge in the conduct
of an election at the polling place served by the judge.
6.4
If a participating political subdivision recommends a person not listed in Attachment
“C”, and that recommendation conflicts with the recommendation from any of the
other entities involved in the election in that precinct, DCED will conduct a drawing by
lot from the recommendations to determine the election judge. Once a person has been
notified of his/her selection as election judge, no changes may be made by any of the
participating authorities, unless that person becomes ineligible to serve as an election
judge in the Joint Election.
DCED will send each of the joint participating political subdivisions an updated version
of Attachment “C” which reflects the names of judges who were sent the letter
requesting service for this election. A final version for Attachment “C” which reflects the
name of the judges who actually presided on the day of the election will be sent to each
participating political subdivision. Any entity electing to pay their election workers for
attending a training class or lab must bear that expense separately from the funds
deposited into the joint election account.
6.5
DCED will hold two (2) public schools of instruction on the use of optical scan card
voting equipment, ADA terminals and election laws on Saturday, May 4, 2013 from
10am – 12pm, and Thursday, May 9, 2013, from 7pm - 9pm in the Central Jury Room,
Frank Crowley Courthouse, 133 N. Industrial Blvd, Dallas, Texas 75207. Election Judge
training labs are scheduled for Thursday, May 2, 2013 from 10am – 4pm, Saturday, May
4, 2013 from 9am – 4pm, Tuesday, May 7, 2013 6pm – 9pm, Friday, May 10, 2013 from
10am – 2pm at 2377 N. Stemmons Frwy. 8th Floor, Dallas, Texas 75207. No election
judge will be appointed unless he/she has attended an election judge training session
taught by DCED in the past eighteen (18) months and on the optical scan and direct
record systems. However, participating entities may request that judges appointed for
the Joint Election should attend one of the scheduled training sessions.
The election judges are responsible for picking up election supplies at the time and place
determined by DCED (which will be set forth in the election judge letter requesting
service for this election). Each election judge will receive $9.00 per hour and each clerk
will receive $8.00 per hour (for a maximum of 14 hours). The election judge will receive
an additional $25.00 for picking up the election supplies prior to Election Day and for
delivering election returns and supplies to their designated regional drop off site.
6.6
DCED will employ other personnel necessary for the proper administration of the
election, including such part-time help as is necessary to prepare for the election, to
ensure the timely delivery of supplies and equipment assistance during the period of
early voting and on election day, and for the efficient tabulation of ballots at the central
7
Page 29
RETURN TO AGENDA
counting station and regional sites. Part-time personnel will be paid an amount agreed
to by the participating authorities as outlined in Attachment "A".
Part-time personnel working in support of the central counting station and regional sites
on election night will receive pay for at least four hours, minimum call for service,
regardless of the actual hours worked. (Attachment F)
7
SUPPLIES AND PRINTING
7.1
DCED will arrange for all election supplies and election printing, including, but not
limited to, all forms, signs and other materials used by the election judges at the voting
locations.
7.2
DCED will provide maps, if necessary, instructions and other information needed to
enable the election judges to conduct a proper election.
7.3
Each participating political subdivision shall furnish to DCED a list of candidates and/or
propositions showing the order and the exact manner in which their candidate names
and/or proposition(s) in both English and Spanish as they are to appear on the official
ballot. The form furnished to you by DCED Central Counting Station electronically, shall
be delivered to DCED in a Microsoft Word Format electronically as soon as possible
after ballot positions have been determined by each of the participating authorities.
Each participating political subdivision will be responsible for proofreading and
approving the ballot in so far as it pertains to that authority's candidates and/or
propositions.
8
OPTICAL SCAN CARD BALLOTS
8.1
The ballot allocation for this election is based on providing enough ballots in every
reporting precinct to handle the same turnout as in comparable elections plus thirty-five
percent 35% of that number, for an original allocation of no less than 25% of the
registered voters.
8.2
Approximately 5,000 additional ballots will be available for Early Voting by Mail and for
use on Election Day to respond to any precinct requesting additional ballots.
9
RETURNS OF ELECTIONS
9.1
DCED will be responsible for establishing and operating the central counting station to
receive and tabulate the voted ballots in accordance with the provisions of the Texas
Election Code and of this agreement.
9.2
The participating authorities hereby, in accordance with Section 127.002, 127.003 and
127.005 of the Texas Election Code, appoint the following central counting station
officials:
Manager:
Toni Pippins-Poole,
Elections Administrator,
Dallas County, Texas
8
Page 30
RETURN TO AGENDA
Tabulating Supervisor:
Jana Onyon,
Central Counting Station
Presiding Judge:
Rosa Rios
City of Dallas
9.3
The manager or her representative will deliver timely cumulative reports of the election
results as precincts are tabulated. The manager will be responsible for releasing
cumulative totals and precinct returns from the election to the joint participating
political subdivisions, candidates, press, and general public by distribution of hard copies
or electronic transmittals (where accessible). DCED will operate an election result center
to release election results in the Health and Human Services Building, 2377 N.
Stemmons Frwy, Suite 820, Dallas, Texas. Any participating political subdivision, upon
request, may require release of returns be given only at a specified location other than
from the result center. Any participating entity that would like the DCED web-site linked
to their web-site must provide their web-site address to the Central Counting Station
Manager.
9.4
DCED will prepare the unofficial canvass report after all precincts have been counted,
and will deliver a copy of the unofficial canvass to each participating political subdivision
as soon as possible after all returns, provisional ballots, and late overseas ballots have
been tabulated, but in no event no later than 10:00 A.M. Friday, May 17, 2013. All
participating authorities will be responsible for the official canvass of their respective
elections.
9.5
DCED will be responsible for conducting the post election manual recount, unless a
waiver is given from the Secretary of State in accordance with Section 127.201 of the
Texas Election Code. Notification and copies of the recount, if waiver is denied, will be
provided to each participating political subdivision and the Secretary of State's Office.
Each political subdivision must notify DCED if such a waiver has been granted or denied
twenty (20) days before the election.
10
ELECTION EXPENSES
10.1
The participating authorities agree to share the costs of administering the May 11, 2013
Joint Election. A general supervisory fee not to exceed 10% of the total cost of the
election shall be assessed as authorized by the Texas Election Code, Sec. 31.100.
Allocation of costs, unless specifically stated otherwise, is mutually agreed to be shared
according to a formula which is based on average cost per polling place (unit cost) as
determined by adding together the overall expenses and dividing expenses equally
among the total number of polling places. Any participating political subdivisions
requesting a combination of polling places which exceeds the average cost (Unit Cost),
shall be billed directly for any excess expenditures (supplies, equipment, personnel,
etc..). The cost of any special request from a participating political subdivision, which
is not agreed upon by all participating political subdivisions, shall be borne by the
participating political subdivision making the special request. Each participating
political subdivision agrees that no participating political subdivision shall be billed less
9
Page 31
RETURN TO AGENDA
than the minimum of one full unit cost. See Attachment "A".
10.2
The expenses for early voting by mail and personal appearance will be paid equally by
each participating political subdivision, unless otherwise agreed by the participating
authorities and the Dallas County Elections Department.
10.3
Final election expenses will be determined within 120 business days after the election.
DCED will provide each participating political subdivision with a final accounting in
writing of all funds deposited into the Joint Election account and an accounting of all
payments from the Joint Election account.
10.4
If additional funds are needed, DCED will bill each participating political subdivision in
accordance with the expense formula enumerated herein. Any amount remaining will
be refunded accordingly to each participating political subdivision.
11
DEPOSIT OF FUNDS
11.1
Each participating political subdivision agrees to deposit with the Dallas County
Treasurer’s Office, the election expenses to be paid to Dallas County as administrator of
the Joint Election, the full balance for your election by April 5, 2013. Such funds will be
placed in a joint election account to be used by the County for paying expenses as
outlined in this agreement. No funds will be expended by Dallas County except for
supplies and services outlined in this agreement, or except as may be agreed to, in
writing, by each participating political subdivision. No adjustments will be made to
deposits for partial withdrawals after contract has been signed by all participating
authorities.
11.2
The amounts to be deposited are as follows (calculated on the basis of a cost of
$4074.67 (per polling place) :
Entity
TOA
COBS
March 15, 2013
$ 2,241.07
$ 2,315.77
April 5, 2013
$ 2,241.07
$ 2,315.77
COCdH
$
2,241.07
$
2,241.07
COCKH
$
2,241.07
$
2,241.07
COD
$224,854.02
$224,854.02
CODe
$
2,427.83
$
2,427.83
CODu
$
2,614.58
$
2,614.58
COFB
$
4,331.07
$
4,331.07
COG
$ 20,617.85
$ 20,617.85
COGH
$
$
COGP
$ 12,512.64
$ 12,512.64
COH
$
$
COI
$ 39,513.51
$ 39,513.51
COL
$
$
2,241.07
2,241.07
3,174.85
2,241.07
2,241.07
3,174.85
10
Page 32
RETURN TO AGENDA
COM
COR
$ 6,387.05
$ 19,049.10
$ 6,387.05
$ 19,049.10
CORw
$
4,482.14
$
4,482.14
COSa
$
5,145.57
$
5,145.57
COSe
$
2,241.07
$
2,241.07
COW
$
2,241.07
$
2,241.07
TOS
$
2,241.07
$
2,241.07
NWDCFC
$
2,241.07
$
2,241.07
DCSB
$300,602.18
$300,602.18
CFBISD
$ 10,346.28
$ 10,346.28
CHISD
$
$
CPISD
$ 14,743.66
$ 14,743.66
DISD
$ 53,972.44
$ 53,972.44
DeISD
$
2,988.10
$
2,988.10
DuISD
$
6,349.70
$
6,349.70
GISD
$ 23,232.43
$ 23,232.43
GPISD
$ 12,512.64
$ 12,512.64
HPISD
$
$
IISD
$ 14,490.59
$ 14,490.59
LISD
$
2,241.07
$
2,241.07
MISD
$
9,935.41
$
9,935.41
RISD
$ 38,471.70
$ 38,471.70
SuISD
$
$
3,921.87
4,108.63
2,241.07
3,921.87
4,108.63
2,241.07
Total deposit: $1,735,506.64
Deposits should be delivered within the mandatory time frame to:
Joe Wells
Dallas County Treasurer
303 Records Building
509 Main Street
Dallas, Texas 75202
12
RECORDS OF THE ELECTION
12.1
Toni Pippins-Poole, Elections Administrator, is hereby appointed general custodian of
the voted ballots and all records of the Joint Election as authorized by Section 31.096 of
the Texas Election Code.
12.2
Access to the election records will be available to each participating political subdivision
as well as to the public in accordance with the Texas Public Information Act, Chapter
552, Government Code, at the Elections Department, 2377 N. Stemmons Frwy, Suite
11
Page 33
RETURN TO AGENDA
820, Dallas, Texas, at any time during normal business hours. DCED shall ensure that the
records are maintained in an orderly manner, so that records are clearly identifiable and
retrievable per records storage container. However, access to election records that
contain confidential information that must be redacted pursuant to federal or state law
may be provided at the offices of the Civil Division of the Criminal District Attorney’s
Office of Dallas County, Texas at 411 Elm Street, 5th Floor, Dallas, Texas.
12.3
Pursuant to Section 66.058 of the Texas Election Code, DCED will retain the election
records for 60 days after the date of the election. 60 days after the date of the election,
DCED will make arrangements to deliver the Joint Election records to Dallas County
Record Storage. The Joint Election records will then become the responsibility of Dallas
County Record Storage for the remainder of the 6 month preservation period. Dallas
County Record Storage will be responsible for the destruction of the Joint Election
records after the preservation period. DCED will provide each entity a letter of
destruction.
13
EARLY VOTING
13.1
Toni Pippins-Poole, County Elections Administrator, is appointed the early voting clerk
for all of the participating political subdivisions in compliance with Sections 271.006 of
the Texas Election Code. Other deputy early voting judges/clerks will be appointed,
subject to the approval of the contracting authorities of the participating political
subdivisions, as needed to process early voting mail and to conduct early voting at the
main location and branch locations. If a participating political subdivision recommends a
person not listed in Attachment “D”, and that recommendation conflicts with the
recommendation from any of the other entities involved in the election in that precinct,
DCED will conduct a drawing by lot from the recommendations to determine the deputy
early voting judge/clerk.
Once a person has been notified of his/her selection as deputy early voting judge/clerk,
no changes may be made by any of the participating authorities.
The recommended deputy early voting judges/clerks for the main and branch early
voting locations are listed in Attachment “D”. DCED shall request the Dallas County
Human Resource Department to conduct a criminal background check of election
officials, staff and temporary workers who are hired to work in this election.
13.2
Early voting by personal appearance will be conducted at the main and branch locations
on weekdays beginning Monday, April 29, 2013 and continuing through Friday, May 3,
2013 between 8:00 A.M. and 5:00 P.M.; Saturday, May 4, 2013 between 8:00 A.M. and
5:00 P.M.; Sunday, May 5, 2013, between 1:00 P.M. and 6:00 P.M.; Monday, May 6,
2013 and continuing through Tuesday, May 7, 2013 between 7:00 A.M. and 7:00 P.M.
Any qualified voter for the Joint Election may vote early by personal appearance at
either the main early voting location or branch locations.
MAIN EARLY VOTING POLLING PLACE: DALLAS COUNTY RECORDS BUILDING
509 Main Street
Dallas 75202
12
Page 34
RETURN TO AGENDA
EARLY VOTING BRANCH POLLING PLACES:
ADDISON FIRE STATION #1
4798 AIRPORT PARKWAY
ADDISON, TEXAS 75001
BALCH SPRINGS CITY HALL
3117 HICKORY TREE
BALCH SPRINGS, TEXAS 75180
CEDAR HILL GOV’T CENTER
285 UPTOWN BLVD
CEDAR HILL, TEXAS 75104
COCKRELL HILL CITY HALL
4125 WEST CLAREDON
COCKRELL HILL, TEXAS 75211
COPPELL TOWN CENTER
255 WEST PARKWAY BLVD
COPPELL, TEXAS 75019
CROSSWINDS HIGH SCHOOL
1100 N. CARRIER PKWY
GRAND PRAIRIE, TEXAS 75050
DALLAS CITY HALL
1500 MARILLA STREET
DALLAS, TEXAS 75201
DALLAS WEST LIBRARY
2332 SINGLETON BLVD
DALLAS, TEXAS 75212
DALLAS ISD ADMIN BUILDING
3700 ROSS AVENUE
DALLAS, TX 75204
DESOTO TOWN CENTER LIBRARY
211 E PLEASANT RUN RD
DESOTO, TEXAS 75115
DUNCANVILLE LIBRARY
201 JAMES COLLINS
DUNCANVILLE, TEXAS 75116
FARMERS BRANCH CITY HALL
13000 WILLIAM DIDSON PKWY
FARMERS BRANCH, TEXAS 75234
FRANKFORD TOWN HOMES
18110 MARSH LANE
DALLAS, TEXAS 75287
FRETZ PARK LIBRARY
6990 BELT LINE ROAD
DALLAS, TEXAS 75254
RICHLAND COLLEGE – GARLAND CAMPUS
675 W. WALNUT ST.
GARLAND, TEXAS 75040
GARNER ELEMENTARY
145 POLO ROAD
GRAND PRAIRIE, TEXAS 75052
GLENN HEIGHTS CITY HALL
1938 SOUTH HAMPTON ROAD
GLENN HEIGHTS, TEXAS 75154
GRAUWYLER PARK REC CENTER
7780 HARRY HINES BLVD
DALLAS, TEXAS 75235
HEBRON & JOSEY LIBRARY
4220 N JOSEY LANE
CARROLLTON, TEXAS 75010
HIGHLAND HILLS LIBRARY
3624 SIMPSON STURART
DALLAS, TEXAS 75241
HUTCHINS CITY HALL
321 N. MAIN ST.
HUTCHINS, TEXAS 75141
IRVING ARTS CENTER
3333 N. MCARTHUR
IRVING, TEXAS 75062
IRVING CITY HALL
825 W. IRVING BLVD.
IRVING, TEXAS 75060
JOSEY RANCH LIBRARY
1700 KELLER SPRINGS
CARROLLTON,TEXAS 75006
13
Page 35
RETURN TO AGENDA
LAKE HIGHLANDS NORTH REC CENTER
9940 WHITE ROCK TRAIL
DALLAS, TEXAS 75238
LAKESIDE ACTIVITY CENTER
101 HOLLEY PARK DRIVE
MESQUITE, TEXAS 75149
LANCASTER VETERANS MEMORAL LIBRARY
1600 VETERANS MEMORIAL PKWY
LANCASTER, TEXAS 75134
LOCHWOOD LIBRARY
11221 LOCHWOOD BLVD
DALLAS, TEXAS 75218
MARSH LANE BAPTIST CHURCH
10716 MARSH LANE
DALLAS, TEXAS 75229
MARTIN LUTHER KING CORE BLDG
2922 MLK BLVD.
DALLAS, TEXAS 75215
MARTIN WEISS RECREATION CENTER
1111 MARTINDELL
DALLAS, TEXAS 75211
MOUNTAIN CREEK LIBRARY
6102 MOUNTAN CREEK PKWY
DALLAS, TEXAS 75249
OAK CLIFF SUB – COURTHOUSE
410 S BECKLEY AVE
DALLAS, TEXAS 75203
OUR REDEEMER LUTHERAN CHURCH
7611 PARK LANE
DALLAS, TEXAS 75225
PRAIRIE CREEK LIBRARY
9609 LAKE JUNE ROAD
DALLAS, TEXAS 75217
PRESTON ROYAL LIBRARY
5626 ROYAL LANE
DALLAS, TEXAS 75229
RECORDS BUILDING (MAIN LOCATION)
509 MAIN STREET
DALLAS, TEXAS 75206
RENNER – FRANKFORD LIBRARY
6400 FRANKFORD ROAD
DALLAS, TEXAS 75252
REVERCHON RECREATION CENTER
3505 MAPLE AVE
DALLAS, TEXAS 75219
RICHARDSON CIVIC CENTER
411 W ARAPAHO ROAD
RICHARDSON, TEXAS 75080
RICHARDSON ISD ADMIN BUILDING
400 S GREENVILLE AVE
RICHARDSON, TEXAS 75081
ROWLETT CITY HALL ANNEX
4004 MAIN STREET
ROWLETT, TEXAS 75088
SACHSE CITY HALL
3815-B SACHSE ROAD
SACHSE, TEXAS 75048
SEAGOVILLE CITY HALL
702 N HWY 175
SEAGOVILLE, TEXAS 75159
SOUTH OAK CLIFF HIGH SCHOOL
3601 S MARSALIS AVE
DALLAS, TEXAS 75216
ST LUKE COMMUNITY LIFE CENTER
6211 EAST GRAND AVE
DALLAS, TEXAS 75223
SUNNYVALE TOWN HALL
127 NORTH COLLINS ROAD
SUNNYVALE, TEXAS 75182
VALLEY RANCH LIBRARY
401 CIMARRON TRAIL
IRVING, TEXAS 75063
14
Page 36
RETURN TO AGENDA
VETERANS MEDICAL CENTER
4500 S LANCASTER ROAD
DALLAS, TEXAS 75216
WILMER COMMUNITY CENTER
101 DAVIDSON PLAZA
WILMER, TEXAS 75172
EARLY VOTING TEMPORARY BRANCH VOTING PLACES:
HIGHLAND PARK ISD ADMINISTRATION ANNEX
6915 WESTCHESTER DRIVE
DALLAS, TEXAS 75205
April 29 – (Monday – Friday) May 3, 2013
May 6 – (Monday – Tuesday) May 7, 2013
8:00 AM – 4:30 PM
7:00 AM – 7:00 PM
13.3
All requests for early voting ballots by mail that are received by participating authorities
will be transported by runner on the day of receipt to the Dallas County Elections
Department, 8th Floor, Health and Human Service Building, 2377 N. Stemmons Frwy,
Dallas, Texas 75207 for processing. Persons voting by mail will send their voted ballots
to the Dallas County Elections Department.
13.4
All early voting ballots will be prepared for counting by an Early Voting Ballot Board
appointed in accordance with Subchapter A of Chapter 87 of the Texas Election Code.
Each participating political subdivision will appoint one member to the
board/committee and will notify DCED of the person’s name, telephone number and
address no later than March 29, 2013. The participating political subdivisions agree to
appoint SeGwen Tyler as presiding judge of the early voting ballot board.
13.5
A signature verification committee will be appointed in accordance with Section 87.027
of the Texas Election Code. A list of the members of the signature verification
committee will be furnished to each participating political subdivision.
14
ELECTION REPORTS
DCED will be responsible for ensuring the delivery of the reports titled Early Voting Daily
Vote Totals and Daily Early Voter Listing (Alphabetical by precinct) to each participating
political subdivision each day of Early Voting for the previous day’s voting activity. On
the day after the conclusion of Early Voting, a Daily Early Voter Listing by precinct report
inclusive of all days of Early Voting is to be delivered to each participating political
subdivision. When possible, the Early Voters’ reports will be delivered by electronic
means via e-mail, facsimile, or website.
15
RUNOFF ELECTION
In the event a runoff is necessary, the date would be June 15, 2013 and the agreement
will automatically be extended to cover the runoff, unless a participating political
subdivision states in writing before Monday, May 13, 2013 that it does not wish to
participate in a joint runoff. DCED will provide each participating political subdivision in
the Joint Runoff Election with an estimate of funds to be deposited in a special joint
runoff election account. The funds must be deposited no later than five (5) days after
15
Page 37
RETURN TO AGENDA
the runoff estimate figures are received from DCED.
16
CONTRACT WITHDRAWAL
Any contracting authority of any participating political subdivision that certifies their
election in accordance with Section 2.051, 2.052 and 2.053 of the Texas Election Code,
may withdraw from the Joint Election contract. Any expenditure incurred prior to
withdrawal shall be billed separately and that participating political subdivision shall be
removed from the contract. An addendum to the contract shall be provided to the
remaining participating political subdivisions no later than five (5) days after notification
of all intents to withdraw have been received in writing by DCED.
17
NOTICE
Whenever this agreement requires any consent, approval notice, request or demand, it
must be in writing to be effective and shall be delivered to the party intended to receive
it as shown below:
Address for notice to DCED:
Toni Pippins-Poole
Dallas County Elections Administrator
Elections Department – Eighth Floor
Health and Human Service Building – 2377 N. Stemmons Frwy
Dallas, Texas 75207
(214) 819-6300
Addresses for notice to the participating political subdivisions:
Chris Terry, (TOA)
Town Secretary
5300 Beltline Road
Addison, Texas 75240
(972) 450-7017
Cindy Gross, (COBS)
City Secretary
3117 Hickory Tree Rd.
Balch Springs, Texas 75180
(972)557-6066
Lyn Hill, (COCdH)
City Secretary
285 Uptown Blvd. Bldg. 100 4th Fl
Cedar Hill, Texas 75104
(972) 291-5100 ext. 1018
Brett Haney, (COCkH)
Chief Operating Officer
4125 W. Clarendon Dr.
Dallas, Texas 75211
(214) 330-6333
Brylon D. Franklin (COD)
Elections Manager
1500 Marilla St., CH 5DS
Dallas, Texas 75201
(214) 670-5657
Kisha Morris, (CODe)
City Secretary
211 E. Pleasant Run Rd, Ste A
DeSoto, Texas 75115
(972) 230-9664
Angie Wade, (CODu)
City Secretary
203 E. Wheatland Road
Duncanville, Texas 75116
(972) 780-5017
Angela Kelly, (COFB)
City Secretary
13000 William Dodson Pkwy
Farmers Branch, Texas 75234
(972) 919-2503
Lisa Palomba, (COG)
City Secretary
200 N. Fifth St.
Garland, Texas 75040
(972) 205-2404
16
Page 38
RETURN TO AGENDA
Othel Murphree, (COGH)
City Secretary
1938 S. Hampton Road
Glenn Heights, Texas 75154
(972) 223-1690
Cathy DiMaggio (COGP)
City Secretary
317 W. College
Grand Prairie, Texas 75050
(972) 237-8039
Janis Daniels, (COH)
City Secretary
321 N. Main Street
Hutchins, Texas 75141
(972) 225-6121
Shanae Jennings, (COI)
City Secretary
825 W. Irving Blvd
Irving, Texas 75060
(972) 721-2605
Dolle Downe, (COL)
City Secretary
211 N. Henry St.
Lancaster, Texas 75146
(972) 218-1311
Sonja Land, (COM)
City Secretary
1515 N. Galloway
Mesquite, Texas 75149
(972) 216-6401
Aimee Nemer (COR)
City Secretary
411 W. Arapaho Rd., Room 202
Richardson, Texas 75080
(972) 744-4290
Laura Hallmark (CORw)
City Secretary
4000 Main St.
Rowlett, TX 75088
(972) 412-6109
Terry Smith, (COSa)
City Secretary
3815 Sachse Rd., Building B
Sachse, Texas 75048
(972) 495-1212 ext. 23
Dara Crabtree, (COSe)
City Secretary
702 N. Hwy 175
Seagoville, Texas 75159
(972) 287-6819
Shelia Martin, (COW)
City Secretary
128 N. Dallas Ave
Wilmer, Texas 75172
(972) 441-6373
Leslie Malone, (TOS)
Town Secretary
127 N. Collins Road
Sunnyvale, Texas 75182
(972) 226-7177
Pete Eckert (NWDCFC)
Board Attorney
3960 Broadway Blvd #220-0
(972) 271-3201
Olga Esparza (DCSB)
Secretary to Superintendent
612 N. Zang Blvd.
Dallas, Texas 75208
(214) 944-4525
Mark Hyatt, (CFBISD)
Asst. Supt. for Admin & Support Svc.
1445 N. Perry Rd
Carrollton, Texas 75006
(972) 968-6104
Karlas Avalos, (CHISD)
Executive Assistant
285 Uptown Blvd. Bldg. 300
Cedar Hill, Texas 75104
(972) 291-1581 ext. 4011
Kay Ryon, (CpISD)
Secretary to Superintendent
200 S. Denton Tap Road
Coppell, Texas 75019
(214) 496-8002
Deno Harris, (DISD)
Director of Board Services
3700 Ross Ave., Box 1
Dallas, Texas 75204
(972) 925-3720
Connie Johnson (DeISD)
Operations Specialist
200 E. Beltline Road
DeSoto, Texas 75115
(972) 223-3873
Ronald Kuehler, (DuISD)
David Pate, (GISD)
Director of Finance
501 S. Jupiter
(972) 487-3101
Chief Financial & Operations Officer
802 S. Main
Duncanville, Texas 75137
(972) 708-2029
17
Page 39
RETURN TO AGENDA
Mike Wallace, (GPISD)
Director of Purchasing
2602 S. Beltline Rd
Grand Prairie, Texas 75052
(972) 237-5592
Tim Turner, (HPISD)
Assistant Superintendent
For Business Services
7015 Westchester Drive
Dallas, Texas 75205
(214) 780-3016
Ralph Diaz, (IISD)
Special Assistant to Superintendent
ATTN: Nora Gonzalez
2621 West Airport Frwy
Irving, Texas 75062-6020
(972) 600-5005
Fran Allen, (LISD)
Asst. to Superintendent
422 S. Centre Ave
Lancaster, Texas 75146
(972) 218-1400
Michael Coffey, (MISD)
Assistant Superintendent
Administrative Services
405 East Davis
Mesquite, Texas 75149
(972) 882-7313
Trish Bittle, (RISD)
Exec Asst. to Assistant
Superintendent of Finance
400 S. Greenville Ave.
Richardson, Texas 75080
(469) 593-0331
Doug Williams, (SuISD)
Superintendent of Schools
417 E. Tripp Rd
Sunnyvale, Texas 75182
(972) 226-5974
18
LIABILITY FOR NEGLIGENCE
All parties agree to be responsible, in accordance with applicable state or federal law,
each for their own negligent acts or omissions, or other tortious conduct in the course
of performance of this Contract without waiving any sovereign immunity, governmental
immunity, statutory immunity, or other defenses available to the parties under federal
or State law. NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO CREATE OR
GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, IN OR TO ANY THIRD PERSONS
OR ENTITIES. All parties agree that any such liability or damages occurring during the
performance of this Contract caused by the joint or comparative negligence of the
parties, or their employees, agents or officers shall be determined in accordance with
comparative responsibility laws of Texas, but only to the extent such laws are applicable
to the party.
19
VENUE
Venue for any lawsuit, cause of action, motion for injunction, injunction, petition for
extraordinary relief, mandamus, or any other legal proceeding or claim arising out of the
performance of this contract shall lie exclusively in courts of competent jurisdiction in
Dallas County, Texas.
20
SEVERABILITY
If any provision of this joint election contract and election services agreement is
construed to be illegal or invalid, this will not affect the legality or validity of any of the
other provisions. The illegal or invalid provision will be deemed stricken and deleted, but
all other provisions shall continue and be given effect as if the illegal or invalid
18
Page 40
RETURN TO AGENDA
provisions had never been incorporated.
21
ENTIRE CONTRACT
This joint election contract and election services agreement, including all Exhibits and
attachments, constitutes the entire Contract between the parties and supersedes any
other Contract concerning the subject matter of this transaction, whether oral or
written.
22
GENDER AND HEADINGS
Words of any gender used in this Contract shall be held and construed to include any
other gender any words in the singular shall include the plural and vice versa, unless the
context clearly requires otherwise. Headings herein are for the convenience of
reference only and shall not be considered in any interpretation of this Contract.
23
CONTRA PREFERENTEM
The doctrine of contra preferentem shall not apply to this Contract. If an ambiguity
exists in this Contract, the Contract shall not be construed against the Party who drafted
the Contract and such Party shall not be responsible for the language used.
24
ORDER OF PRECEDENCE
In the event of any inconsistency between the provisions of this joint election contract
and election services agreement and any incorporated documents as described herein,
all parties agree that the provisions of this Contract shall take precedence.
25
SIGNATORY WARRANTY
The Elections Administrator of Dallas County, Texas and all of the contracting authorities
of all of the participating political subdivisions listed in Section 1 of this joint election
contract and election services agreement represent that each has the full right, power
and authority to enter and perform this Contract in accordance with all of the terms and
conditions, and that the execution and delivery of this Contract has been made by
authorized representatives of the parties to validly and legally bind the parties to all
terms, performances and provisions set forth in this Contract.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
19
Page 41
RETURN TO AGENDA
Town of Sunnyvale
Town Council Staff Report
Meeting Date:
Department: Community Development
Item Number:
Consent
Discussion
Action
Public Hearing
Subject:
Martinez Addition No. 2, Blk. A, Lot 2, File No. 1343
Fausto Martinez has made application for final plat for the subject project. The project is located at 300 Larkin Road and consists of
one residential lot on 2 acres of land. The property currently falls within two zoning districts SF-1 and SF-4. Since no zoning change
was requested, the plat was reviewed on the basis of the more stringent zoning district which is SF-1.
Staff has the following comments regarding the preliminary:
● Provide explanation of what is the concrete that is indicated at the southwest corner of the property. If this concrete is part of a
driveway, then an easement will need to be added to the plat.
● Lot closure sheet needs to be submitted as requested
● Add zoning to adjacent properties.
● In the dedication language, please at “BLOCK A, LOT 2" after “MARTINEZ ADDITION NO. 2".
● Add to general notes “5. All utilities shall be underground.”
● Engineering plans must be approved prior to filing plat
● Verification that Town Monuments have been set in place.
Staff is recommending approval of the final plat subject to the above items being resolved. Owner/applicant needs to be aware that
no building permits will be issued until the engineering is approved. The final plat will need to be filed of record prior to a certificate
of occupancy will be issued.
Page 42
Page 43
Page 44
Page 45
Page 46
Page 47
RETURN TO AGENDA
Vulcan Lands, Inc
800 Isom Rd St #300
San Antonio, TX 78216
Resident
341 S Larkin
Sunnyvale, TX 75182
Resident
331 S Larkin
Sunnyvale, TX 75182
Resident
356 S Larkin
Sunnyvale, TX 75182
Resident
360 S Larkin
Sunnyvale, TX 75182
Fausto Martinez
619 Creek Bend Ct
Mesquite, TX 75149
Page 48
RETURN TO AGENDA
Town Secretary
☐ Consent
Town Council
☐ Public Hearing
Presentation
Fiscal
Year25,
2012
- 2013
March
2013
Discussion
☒ Action
Department: Finance
Subject: Presentation of FY Audit Report
A copy of the 2012 Audit Report will be sent separately Friday Afternoon. The Audit
Committee met on March 22nd to review this document with the Town’s auditor
and staff, and recommends Council’s acceptance of the report. Monday night the
auditor will present the report and answer any questions you may have.
Page 49
RETURN TO AGENDA
Town Secretary
☐ Consent
Town Council
☐ Public Hearing
Presentation
Fiscal
Year25,
2012
- 2013
March
2013
Discussion
☒ Action
Department: Finance
Subject: Presentation of Proposed Refunding of Series 2003 & Series 2008
Certificates of Obligation
Background:
The purpose of this analysis is to determine if the Town can benefit from the current
interest rate environment by refunding a portion of the existing debt. Based on current
economic conditions we can anticipate a savings of $40,000 - $50,000 per year through
2028.
Should the Council choose to adopt the parameters bond ordinance the Pricing Officers
will need to be named in order to implement the refunding over six months.
Attached is a Preliminary Schedule of Events for reference.
Marti Shew with First Southwest will be the presenter and will answer any questions you
may have.
Page 50
RETURN TO AGENDA
March
April
S M T W T F
1
3 4 5 6 7 8
10 11 12 13 14 15
17 18 19 20 21 22
24 25 26 27 28 29
31
S
2
9
16
23
30
S M
1
7 8
14 15
21 22
28 29
T
2
9
16
23
30
W
3
10
17
24
May
T
4
11
18
25
F
5
12
19
26
S
6
13
20
27
S M T W
1
5 6 7 8
12 13 14 15
19 20 21 22
26 27 28 29
T
2
9
16
23
30
F
3
10
17
24
31
S
4
11
18
25
Town of Sunnyvale, TX General Obligation Refunding Bonds, Series 2013 Preliminary Schedule of Events DATE EVENT Information request submitted to Town for preparation of Preliminary Official Statement (POS) Monday, 3/11 Week of 3/18 Bond Counsel to provide draft Parameter Ordinance and agenda language Monday, 3/25 Wednesday, 3/27 Friday, 4/5 Week of 4/8 Thursday, 4/18 Council meeting to establish minimum saving parameter and adopt Ordinance authorizing issuance of refunding bonds, subject to parameters Receipt of information and final approved audit from Town for completion of POS Completion of POS; information/POS sent to Standard & Poor’s Discussion with Standard & Poor’s Expected receipt of bond rating Anticipated Based on Market Conditions Thursday, 4/18 Electronically mail POS to potential purchasers Thursday, 4/25 Friday, 4/26 Thursday, 5/30 Pricing and marketing of the bonds by underwriter(s), overseen by FirstSouthwest Delegated Pricing Officer authorizes and approves sale of bonds Closing; delivery of funds to escrow for repayment of the refunded obligations Page 51
RETURN TO AGENDA
ORDINANCE NO. 13-09
AN ORDINANCE authorizing the issuance of “TOWN OF SUNNYVALE,
TEXAS, GENERAL OBLIGATION REFUNDING BONDS, SERIES
2013”; levying a continuing direct annual ad valorem tax for the payment
of said Bonds; resolving other matters incident and related to the issuance,
sale, payment and delivery of said Bonds; establishing procedures for the
sale and delivery of said Bonds; and delegating matters relating to the sale
and issuance of said Bonds to authorized Town officials.
WHEREAS, the Town of Sunnyvale, Texas (the “Town”) currently has outstanding
obligations of the Town of the following issue or series, to wit (collectively, the “Refunded
Obligations”):
(a)
Town of Sunnyvale, Texas, Combination Tax Revenue Certificates of Obligation,
Series 2003, dated January 1, 2003; and
(b)
Town of Sunnyvale, Texas, Combination Tax Revenue Certificates of Obligation,
Series 2008, dated July 15, 2008; and
WHEREAS, pursuant to the provisions of Chapter 1207 of the Texas Government Code,
as amended (“Chapter 1207”), the Town Council of the Town (the “Council”) is authorized to
issue refunding bonds and deposit the proceeds of sale directly with any place of payment for the
Refunded Obligations, or other authorized depository, and such deposit, when made in
accordance with Chapter 1207 and the ordinances authorizing the issuance of the Refunded
Obligations, shall constitute the making of firm banking and financial arrangements for the
discharge and final payment of the Refunded Obligations; and
WHEREAS, the Town shall by this Ordinance, in accordance with the provisions of
Section 1207.007, Texas Government Code, as amended, delegate to a Pricing Officer
(hereinafter designated) the authority to determine the principal amount and certain other
specified terms of the Bonds to be issued, negotiate the terms of sale thereof and select the
specific maturities, in whole or in part, of the Refunded Obligations to be refunded; and
WHEREAS, the Council hereby finds and determines that it is a public purpose and in
the best interests of the Town to refund the Refunded Obligations in order to achieve a present
value debt service savings, with such savings, among other information and terms, to be included
in a pricing certificate (the “Pricing Certificate”) to be executed by the Pricing Officer, all in
accordance with the provisions of Section 1207.007, Texas Government Code, as amended; now,
therefore
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF SUNNYVALE,
TEXAS:
SECTION 1. Authorization - Series Designation - Principal Amount - Purpose - Bond
Date. General obligation refunding bonds of the Town shall be and are hereby authorized to be
issued in the maximum aggregate principal amount hereinafter set forth to be designated and
bear the title “TOWN OF SUNNYVALE, TEXAS, GENERAL OBLIGATION REFUNDING
BONDS, SERIES 2013”, or such other designation as specified in the Pricing Certificate (herein
referred to as the “Bonds”), for the purpose of providing funds for the discharge and final
78890537.1/08013523
Page 52
RETURN TO AGENDA
payment of certain obligations of the Town (described in the preamble hereof and finally
identified in the Pricing Certificate and referred to herein as the “Refunded Obligations”) and to
pay the costs and expenses of issuance, in accordance with the authority conferred by and in
conformity with the Constitution and laws of the State of Texas, including Chapter 1207. The
Bonds shall be dated (the “Bond Date”) as provided in the Pricing Certificate.
SECTION 2. Fully Registered Obligations - Terms. The Bonds shall be issued as fully
registered obligations, without coupons, and the Bonds (other than the Initial Bond(s) referenced
in Section 8 hereof) shall be in denominations of $5,000 or any integral multiple (within a Stated
Maturity [defined below]) thereof, shall be numbered consecutively from one (1) upward and
principal shall become due and payable on a date certain in each of the years and in amounts
(each a “Stated Maturity” and collectively the “Stated Maturities”) and bear interest at the rate(s)
per annum in accordance with the details of the Bonds as set forth in the Pricing Certificate.
The Bonds shall bear interest on the unpaid principal amounts from the date specified in
the Pricing Certificate at the rate(s) per annum shown in the Pricing Certificate (calculated on the
basis of a 360-day year consisting of twelve 30-day months). Interest on the Bonds shall be
payable in each year, on the dates, and commencing on the date, set forth in the Pricing
Certificate.
SECTION 3. Delegation of Authority to Pricing Officer. (a) As authorized by Section
1207.007, Texas Government Code, as amended, each of the Mayor and Finance Administrator
of the Town (each a “Pricing Officer”) are each, individually or together, hereby authorized to
act on behalf of the Town in selling and delivering the Bonds and carrying out the other
procedures specified in this Ordinance, including, but not limited to, selecting the specific
maturities (whole or part) of the Refunded Obligations to be refunded, determining the aggregate
original principal amount of the Bonds, the date of the Bonds, any additional or different
designation or title by which the Bonds shall be known, the price at which the Bonds will be
sold, the manner of sale (negotiated, privately placed or competitively bid), the years in which
the Bonds will mature, the principal amount to mature in each of such years, the rate of interest
to be borne by each such maturity, the first interest payment date, the price and terms upon and at
which the Bonds shall be subject to redemption prior to maturity at the option of the Town, as
well as any mandatory sinking fund redemption provisions, the selection and appointment of the
Paying Agent/Registrar for the Bonds, the designation of an Escrow Agent, if necessary,
satisfying the requirements of Chapter 1207, and all other matters relating to the issuance, sale,
and delivery of the Bonds, including any modification of the continuing disclosure undertaking
contained in Section 31 hereof as may be required by the purchasers of the Bonds in connection
with any amendments to Rule 15c2-12, all of which shall be specified in the Pricing Certificate;
provided that:
(i)
the aggregate original principal amount of the Bonds shall not
exceed $7,400,000;
(ii)
the refunding must produce a net present value debt service
savings of at least 4.00%, net of any Town contribution;
(iii)
3.85%; and
78890537.1/08013523
the maximum true interest cost for the Bonds shall not exceed
2
Page 53
RETURN TO AGENDA
(iv)
the maximum maturity date of the Bonds shall not exceed
February 15, 2028.
If the Pricing Officer determines that bond insurance results in a net reduction of the
Town’s interest costs associated with the Bonds, then the Pricing Officer is authorized, in
connection with effecting the sale of the Bonds, to make the selection of the municipal bond
insurance company for the Bonds (the “Insurer”) and to obtain from the Insurer a municipal bond
insurance policy in support of the Bonds. The Pricing Officer shall have the authority to
determine the provisions of the commitment for any such policy and to execute any documents
to effect the issuance of said policy by the Insurer.
(b)
In establishing the aggregate principal amount of the Bonds, the Pricing Officer
shall establish an amount not exceeding the amount authorized in Subsection (a)(i) above, which
shall be sufficient in amount to provide for the purposes for which the Bonds are authorized and
to pay costs of issuing the Bonds. The delegation made hereby shall expire if not exercised by
the Pricing Officer on or prior to 180 days from the date hereof. The execution of the Pricing
Certificate shall evidence the sale date of the Bonds by the Town to the initial purchaser(s)
named in the Pricing Certificate (the “Purchasers”).
SECTION 4. Terms of Payment - Paying Agent/Registrar. The principal of, premium, if
any, and the interest on the Bonds, due and payable by reason of maturity, redemption or
otherwise, shall be payable only to the registered owners or holders of the Bonds (hereinafter
called the “Holders”) appearing on the registration and transfer books maintained by the Paying
Agent/Registrar, and the payment thereof shall be in any coin or currency of the United States of
America, which at the time of payment is legal tender for the payment of public and private
debts, and shall be without exchange or collection charges to the Holders.
The selection and appointment of the Paying Agent/Registrar for the Bonds shall be as
provided in the Pricing Certificate. Books and records relating to the registration, payment,
exchange and transfer of the Bonds (the “Security Register”) shall at all times be kept and
maintained on behalf of the Town by the Paying Agent/Registrar, all as provided herein, in
accordance with the terms and provisions of a “Paying Agent/Registrar Agreement,”
substantially in the form attached hereto as Exhibit A and such reasonable rules and regulations
as the Paying Agent/Registrar and the Town may prescribe. The Pricing Officer is hereby
authorized to execute and deliver such Paying Agent/Registrar Agreement in connection with the
delivery of the Bonds. The Town covenants to maintain and provide a Paying Agent/Registrar at
all times until the Bonds are paid and discharged, and any successor Paying Agent/Registrar
shall be a commercial bank, trust company, financial institution, or other entity qualified and
authorized to serve in such capacity and perform the duties and services of Paying
Agent/Registrar. Upon any change in the Paying Agent/Registrar for the Bonds, the Town
agrees to promptly cause a written notice thereof to be sent to each Holder by United States Mail,
first class postage prepaid, which notice shall also give the address of the new Paying
Agent/Registrar.
Principal of and premium if any, on the Bonds shall be payable at their Stated Maturities
or upon their earlier redemption, only upon the presentation and surrender of the Bonds to the
Paying Agent/Registrar at its designated offices as provided in the Pricing Certificate (the
“Designated Payment/Transfer Office”) provided, however, while a Bond is registered to Cede &
Co., the payment of principal upon a partial redemption of the principal amount (with respect to
Current Interest Bonds) or Maturity Amount (with respect to Capital Appreciation Bonds)
78890537.1/08013523
3
Page 54
RETURN TO AGENDA
thereof may be accomplished without presentation and surrender of such Bond. Interest accrued
on a Capital Appreciation Bond shall be payable at its Stated Maturity or upon prior redemption
as a portion of the Accreted Value or Maturity Amount. Interest on a Current Interest Bond shall
be paid by the Paying Agent/Registrar to the Holders whose names appears in the Security
Register at the close of business on the Record Date (which shall be set forth in the Pricing
Certificate) and such interest payments shall be made (i) by check sent United States Mail, first
class postage prepaid, to the address of the Holder recorded in the Security Register or (ii) by
such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and
expense of, the Holder. If the date for the payment of the principal of or interest on the Bonds
shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city
where the Designated Payment/Transfer Office of the Paying Agent/Registrar is located are
authorized by law or executive order to be closed, then the date for such payment shall be the
next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which
banking institutions are authorized to be closed; and payment on such date shall have the same
force and effect as if made on the original date payment was due.
In the event of a non-payment of interest on one or more maturities of the Current Interest
Bonds on a scheduled payment date, and for thirty (30) days thereafter, a new record date for
such interest payment (a “Special Record Date”) will be established by the Paying
Agent/Registrar, if and when funds for the payment of such past due interest have been received
from the Town. Notice of the Special Record Date and of the scheduled payment date of the past
due interest (which shall be fifteen (15) days after the Special Record Date) shall be sent at least
five (5) business days prior to the Special Record Date by United States Mail, first class postage
prepaid, to the address of each Holder of the Current Interest Bonds appearing on the Security
Register at the close of business on the last business day next preceding the date of mailing of
such notice.
SECTION 5. Registration - Transfer - Exchange of Bonds - Predecessor Bonds. A
Security Register relating to the registration, payment and transfer or exchange of the Bonds
shall at all times be kept and maintained by the Town at the Designated Payment/Transfer Office
of the Paying Agent/Registrar, as provided herein and in accordance with the provisions of the
Paying Agent/Registrar Agreement and such rules and regulations as the Paying Agent/Registrar
and the Town may prescribe. The Paying Agent/Registrar shall obtain, record, and maintain in
the Security Register the name and address of each and every Holder of the Bonds issued under
and pursuant to the provisions of this Ordinance, or if appropriate, the nominee thereof. Any
Bond may be transferred or exchanged for Bonds of like kind, maturity, and amount and in
authorized denominations upon the Security Register by the Holder, in person or by his duly
authorized agent, upon surrender of such Bond to the Paying Agent/Registrar at its Designated
Payment/Transfer Office for cancellation, accompanied by a written instrument of transfer or
request for exchange duly executed by the Holder or by his duly authorized agent, in form
satisfactory to the Paying Agent/Registrar.
Upon surrender for assignment or transfer of any Bond (other than the Initial Bond(s)
authorized in Section 8 hereof) for transfer at the Designated Payment/Transfer Office of the
Paying Agent/Registrar, one or more new Bonds, executed on behalf of and furnished by the
Town, shall be registered and issued to the assignee or transferee of the previous Holder; such
Bonds to be of authorized denominations, of like Stated Maturity, and of a like aggregate
principal amount as the Bond or Bonds surrendered for transfer.
78890537.1/08013523
4
Page 55
RETURN TO AGENDA
At the option of the Holder, Bonds (other than the Initial Bond(s) authorized in Section 8
hereof) may be exchanged for other Bonds of authorized denominations and having the same
Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the
Bonds surrendered for exchange, upon surrender of the Bonds to be exchanged at the Designated
Payment/Transfer Office of the Paying Agent/Registrar. Whenever any Bonds are surrendered
for exchange, the Paying Agent/Registrar shall register and deliver new Bonds, executed on
behalf of and furnished by the Town, to the Holder requesting the exchange.
All Bonds issued upon any such transfer or exchange of Bonds shall be delivered to the
Holders at the Designated Payment/Transfer Office of the Paying Agent/Registrar or sent by
United States Mail, first class postage prepaid, to the Holders, and, upon the registration and
delivery thereof, the same shall be the valid obligations of the Town, evidencing the same
obligation to pay and entitled to the same benefits under this Ordinance, as the Bonds
surrendered in such transfer or exchange.
All transfers or exchanges of Bonds pursuant to this Section shall be made without
expense or service charge to the Holder, except as otherwise herein provided, and except that the
Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange
of any tax or other governmental charges required to be paid with respect to such transfer or
exchange.
Bonds canceled by reason of an exchange or transfer pursuant to the provisions hereof are
hereby defined to be “Predecessor Bonds,” evidencing all or a portion, as the case may be, of the
same obligation to pay evidenced by the new Bond or Bonds registered and delivered in the
exchange or transfer therefor. Additionally, the term “Predecessor Bonds” shall include any
mutilated, lost, destroyed, or stolen Bond for which a replacement Bond has been issued,
registered, and delivered in lieu thereof pursuant to the provisions of Section 11 hereof, and such
new replacement Bond shall be deemed to evidence the same obligation as the mutilated, lost,
destroyed, or stolen Bond.
Neither the Town nor the Paying Agent/Registrar shall be required to transfer or
exchange any Bond called for redemption, in whole or in part, within forty-five (45) days of the
date fixed for the redemption of such Bond; provided, however, such limitation on transferability
shall not be applicable to an exchange by the Holder of the unredeemed balance of a Bond called
for redemption in part.
SECTION 6. Book-Entry-Only Transfers and Transactions.
Notwithstanding the
provisions contained in Sections 4 and 5 hereof relating to the payment and transfer/exchange of
the Bonds, the Town hereby approves and authorizes the use of “Book-Entry-Only” securities
clearance, settlement, and transfer system provided by The Depository Trust Company, a limited
purpose trust company organized under the laws of the State of New York (“DTC”), in
accordance with the requirements and procedures identified in the current DTC Operational
Arrangements memorandum, as amended, the Blanket Issuer Letter of Representations, by and
between the Town and DTC, and the Letter of Representations from the Paying Agent/Registrar
to DTC (collectively, the “Depository Agreement”) relating to the Bonds.
In the event the Pricing Officer elects to utilize DTC’s “Book-Entry-Only” System,
which election shall be made by the Pricing Officer in the Pricing Certificate, pursuant to the
Depository Agreement and the rules of DTC, the Bonds shall be deposited with DTC and who
shall hold said Bonds for its participants (the “DTC Participants”). While the Bonds are held by
78890537.1/08013523
5
Page 56
RETURN TO AGENDA
DTC under the Depository Agreement, the Holder of the Bonds on the Security Register for all
purposes, including payment and notices, shall be Cede & Co., as nominee of DTC,
notwithstanding the ownership of each actual purchaser or owner of each Bond (the “Beneficial
Owners”) being recorded in the records of DTC and DTC Participants.
In the event DTC determines to discontinue serving as securities depository for the Bonds
or otherwise ceases to provide book-entry clearance and settlement of securities transactions in
general or the Town determines that DTC is incapable of properly discharging its duties as
securities depository for the Bonds, the Town covenants and agrees with the Holders of the
Bonds to cause Bonds to be printed in definitive form and provide for the Bond certificates to be
issued and delivered to DTC Participants and Beneficial Owners, as the case may be. Thereafter,
the Bonds in definitive form shall be assigned, transferred and exchanged on the Security
Register maintained by the Paying Agent/Registrar and payment of such Bonds shall be made in
accordance with the provisions of Sections 4 and 5 hereof.
SECTION 7. Execution - Registration. The Bonds shall be executed on behalf of the
Town by the Mayor under the Town’s seal reproduced or impressed thereon and attested by the
Town Secretary. The signature of said officials on the Bonds may be manual or facsimile.
Bonds bearing the manual or facsimile signatures of individuals who are or were the proper
officials of the Town on the date of the adoption of this Ordinance shall be deemed to be duly
executed on behalf of the Town, notwithstanding that such individuals or either of them shall
cease to hold such offices at the time of delivery of the Bonds to the initial purchaser(s) and with
respect to Bonds delivered in subsequent exchanges and transfers, all as authorized and provided
in Chapter 1201 of the Texas Government Code, as amended.
No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or
obligatory for any purpose, unless there appears on such Bond either a certificate of registration
substantially in the form provided in Section 9(c), manually executed by the Comptroller of
Public Accounts of the State of Texas, or his or her duly authorized agent, or a certificate of
registration substantially in the form provided in Section 9(d), manually executed by an
authorized officer, employee or representative of the Paying Agent/Registrar, and either such
certificate duly signed upon any Bond shall be conclusive evidence, and the only evidence, that
such Bond has been duly certified, registered, and delivered.
SECTION 8. Initial Bond(s). The Bonds herein authorized shall be initially issued either
(i) as a single fully registered bond in the aggregate principal amount of the Bonds with principal
installments to become due and payable as provided in the Pricing Certificate and numbered T-1,
or (ii) as multiple fully registered bonds, being one bond for each year of maturity in the
applicable principal amount and denomination and to be numbered consecutively from T-1 and
upward (hereinafter called the “Initial Bond(s)”) and, in either case, the Initial Bond(s) shall be
registered in the name of the initial purchaser(s) or the designee thereof. The Initial Bond(s)
shall be the Bond(s) submitted to the Office of the Attorney General of the State of Texas for
approval, certified and registered by the Office of the Comptroller of Public Accounts of the
State of Texas, and delivered to the initial purchaser(s). Any time after the delivery of the Initial
Bond(s), the Paying Agent/Registrar, pursuant to written instructions from the initial
purchaser(s), or the designee thereof, shall cancel the Initial Bond(s) delivered hereunder and
exchange therefor definitive Bonds of authorized denominations, Stated Maturities, principal
amounts and bearing applicable interest rates for transfer and delivery to the Holders named at
the addresses identified therefor; all pursuant to and in accordance with such written instructions
78890537.1/08013523
6
Page 57
RETURN TO AGENDA
from the initial purchaser(s), or the designee thereof, and such other information and
documentation as the Paying Agent/Registrar may reasonably require.
SECTION 9. Forms.
(a)
Forms Generally. The Bonds, the Registration Certificate of the Comptroller of
Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar,
and the form of Assignment to be printed on each of the Bonds, shall be substantially in the
forms set forth in this Section with such appropriate insertions, omissions, substitutions, and
other variations as are permitted or required by this Ordinance and, with the Bonds to be
completed and modified with the information set forth in the Pricing Certificate, may have such
letters, numbers, or other marks of identification (including identifying numbers and letters of
the Committee on Uniform Securities Identification Procedures of the American Bankers
Association) and such legends and endorsements (including insurance legends on insured Bonds
and any reproduction of an opinion of counsel) thereon as may, consistently herewith, be
established by the Town or determined by the Pricing Officer. The Pricing Certificate shall set
forth the final and controlling forms and terms of the Bonds. Any portion of the text of any
Bonds may be set forth on the reverse thereof, with an appropriate reference thereto on the face
of the Bond.
The definitive Bonds and the Initial Bond(s) shall be printed, lithographed, engraved,
typewritten, photocopied or otherwise reproduced in any other similar manner, all as determined
by the officers executing such Bonds as evidenced by their execution thereof.
(b)
Form of Definitive Bonds.
REGISTERED
NO. ___
PRINCIPAL AMOUNT
$_____
UNITED STATES OF AMERICA
STATE OF TEXAS
TOWN OF SUNNYVALE
GENERAL OBLIGATION REFUNDING BOND
SERIES 2013
Bond Date:
__________, 2013
Interest Rate:
_________%
Stated Maturity:
__________, 20__
CUSIP No.:
_________
Registered Owner:
Principal Amount:
DOLLARS
The Town of Sunnyvale (hereinafter referred to as the “Town”), a body corporate and
political subdivision in the County of Dallas, State of Texas, for value received, acknowledges
itself indebted to and hereby promises to pay to the Registered Owner named above, or the
registered assigns thereof, on the Stated Maturity date specified above the Principal Amount
hereinabove stated (or so much thereof as shall not have been paid upon prior redemption), and
to pay interest on the unpaid principal amount hereof from the interest payment date next
preceding the “Registration Date” of this Bond appearing below (unless this Bond bears a
“Registration Date” as of an interest payment date, in which case it shall bear interest from such
78890537.1/08013523
7
Page 58
RETURN TO AGENDA
date, or unless the “Registration Date” of this Bond is prior to the initial interest payment date in
which case it shall bear interest from the _______) at the per annum rate of interest specified
above computed on the basis of a 360-day year of twelve 30-day months; such interest being
payable on ____________ and _______________ in each year, commencing __________, 20__,
until maturity or prior redemption. Principal of this Bond is payable at its Stated Maturity or
upon its prior redemption to the registered owner hereof, upon presentation and surrender, at the
designated offices of the Paying Agent/Registrar executing the registration certificate appearing
hereon, initially in _____, _____, or, with respect to a successor Paying Agent/Registrar, at the
designated offices of such successor (the “Designated Payment/Transfer Office”); provided,
however, while this Bond is registered to Cede & Co., the payment of principal upon a partial
redemption of the principal amount hereof may be accomplished without presentation and
surrender of this Bond. Interest is payable to the registered owner of this Bond (or one or more
Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose name appears on
the “Security Register” maintained by the Paying Agent/Registrar at the close of business on the
“Record Date”, which is the _____________ day of the month next preceding each interest
payment date, and interest shall be paid by the Paying Agent/Registrar by check sent United
States Mail, first class postage prepaid, to the address of the registered owner recorded in the
Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested
by, and at the risk and expense of, the registered owner. If the date for the payment of the
principal of or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day on
which banking institutions in the city where the Designated Payment/Transfer Office of the
Paying Agent/Registrar is located are authorized by law or executive order to close, then the date
for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal
holiday, or day on which banking institutions are authorized to close; and payment on such date
shall have the same force and effect as if made on the original date payment was due. All
payments of principal of, premium, if any, and interest on this Bond shall be without exchange or
collection charges to the owner hereof and in any coin or currency of the United States of
America which at the time of payment is legal tender for the payment of public and private debts.
This Bond is one of the series specified in its title issued in the aggregate principal
amount of $_____ (herein referred to as the “Bonds”) for the purpose of providing funds for the
discharge and final payment of certain outstanding obligations of the Town and to pay the costs
and expenses of issuance, under and in strict conformity with the Constitution and laws of the
State of Texas, including Chapter 1207 of the Texas Government Code, as amended, and
pursuant to an Ordinance adopted by the Town Council of the Town (herein referred to as the
“Ordinance”).
[The Bonds maturing on the dates hereinafter identified (the “Term Bonds”) are subject
to mandatory redemption prior to maturity with funds on deposit in the Interest and Sinking Fund
established and maintained for the payment thereof in the Ordinance, and shall be redeemed in
part prior to maturity at the price of par and accrued interest thereon to the date of redemption,
and without premium, on the dates and in the principal amounts as follows:
Term Bonds due __________, 20__
Principal Amount
Redemption Date
__________, 20__
__________, 20__*
*
Stated maturity.
78890537.1/08013523
Term Bonds due __________, 20__
Redemption Date
Principal Amount
__________, 20__
__________, 20__*
8
Page 59
RETURN TO AGENDA
The particular Term Bonds of a Stated Maturity to be redeemed on each redemption date
shall be chosen by lot by the Paying Agent/Registrar; provided, however, that the principal
amount of Term Bonds for a Stated Maturity required to be redeemed on a mandatory
redemption date may be reduced, at the option of the Town, by the principal amount of Term
Bonds of like Stated Maturity which, at least fifty (50) days prior to a mandatory redemption
date, (1) shall have been acquired by the Town at a price not exceeding the principal amount of
such Term Bonds plus accrued interest to the date of purchase thereof, and delivered to the
Paying Agent/Registrar for cancellation or (2) shall have been redeemed pursuant to the optional
redemption provisions appearing below and not theretofore credited against a mandatory
redemption requirement.
The Bonds maturing on and after __________, 20__, may be redeemed prior to their
Stated Maturities, at the option of the Town, in whole or in part in principal amounts of $5,000
or any integral multiple thereof (and if within a Stated Maturity by lot by the Paying
Agent/Registrar), on __________, 20__, or on any date thereafter, at the redemption price of par,
together with accrued interest to the date of redemption.
At least thirty (30) days prior to the date fixed for any redemption of Bonds, the Town
shall cause a written notice of such redemption to be sent by United States Mail, first class
postage prepaid, to the registered owners of each Bond to be redeemed, in whole or in part, at the
address shown on the Security Register and subject to the terms and provisions relating thereto
contained in the Ordinance. If a Bond (or any portion of its principal sum) shall have been duly
called for redemption and notice of such redemption duly given, then upon such redemption date
such Bond (or the portion of its principal sum to be redeemed) shall become due and payable,
and interest thereon shall cease to accrue from and after the redemption date therefor; provided
moneys for the payment of the redemption price and the interest on the principal amount to be
redeemed to the date of redemption are held for the purpose of such payment by the Paying
Agent/Registrar.
In the event a portion of the principal amount of a Bond is to be redeemed and the
registered owner is someone other than Cede & Co., payment of the redemption price of such
principal amount shall be made to the registered owner only upon presentation and surrender of
such Bond to the Designated Payment/Transfer Office of the Paying Agent/Registrar, and a new
Bond or Bonds of like maturity and interest rate in any authorized denominations provided by
the Ordinance for the then unredeemed balance of the principal sum thereof will be issued to the
registered owner, without charge. If a Bond is selected for redemption, in whole or in part, the
Town and the Paying Agent/Registrar shall not be required to transfer such Bond to an assignee
of the registered owner within forty-five (45) days of the redemption date therefor; provided,
however, such limitation on transferability shall not be applicable to an exchange by the
registered owner of the unredeemed balance of a Bond redeemed in part.
With respect to any optional redemption of the Bonds, unless certain prerequisites to such
redemption required by the Ordinance have been met and moneys sufficient to pay the
redemption price of the Bonds to be redeemed shall have been received by the Paying
Agent/Registrar prior to the giving of such notice of redemption, such notice may state that said
redemption is conditional upon the satisfaction of such prerequisites and receipt of such moneys
by the Paying Agent/Registrar on or prior to the date fixed for such redemption. If a conditional
notice of redemption is given and such prerequisites to the redemption are not satisfied or
sufficient moneys are not received, such notice shall be of no force and effect, the Town shall not
78890537.1/08013523
9
Page 60
RETURN TO AGENDA
redeem such Bonds and the Paying Agent/Registrar shall give notice, in the manner in which the
notice of redemption was given, to the effect that the Bonds have not been redeemed.]
The Bonds are payable from the proceeds of an ad valorem tax levied, within the
limitations prescribed by law, upon all taxable property in the Town. Reference is hereby made
to the Ordinance, a copy of which is on file in the Designated Payment/Transfer Office of the
Paying Agent/Registrar, and to all of the provisions of which the owner or holder of this Bond by
the acceptance hereof hereby assents, for definitions of terms; the description of and the nature
and extent of the tax levied for the payment of the Bonds; the terms and conditions relating to the
transfer or exchange of this Bond; the conditions upon which the Ordinance may be amended or
supplemented with or without the consent of the Holders; the rights, duties, and obligations of
the Town and the Paying Agent/Registrar; the terms and provisions upon which this Bond may
be discharged at or prior to its maturity or redemption, and deemed to be no longer Outstanding
thereunder; and for other terms and provisions contained therein. Capitalized terms used herein
and not otherwise defined have the meanings assigned in the Ordinance.
This Bond, subject to certain limitations contained in the Ordinance, may be transferred
on the Security Register only upon its presentation and surrender at the Designated
Payment/Transfer Office of the Paying Agent/Registrar, with the Assignment hereon duly
endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the
Paying Agent/Registrar duly executed by, the registered owner hereof, or his duly authorized
agent. When a transfer on the Security Register occurs, one or more new fully registered Bonds
of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and
of the same aggregate principal amount will be issued by the Paying Agent/Registrar to the
designated transferee or transferees.
The Town and the Paying Agent/Registrar, and any agent of either, shall treat the
registered owner whose name appears on the Security Register (i) on the Record Date as the
owner entitled to payment of interest hereon, (ii) on the date of surrender of this Bond as the
owner entitled to payment of principal at the Stated Maturity, or its redemption, in whole or in
part, and (iii) on any other date as the owner for all other purposes, and neither the Town nor the
Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. In the
event of nonpayment of interest on a Bond on a scheduled payment date and for thirty (30) days
thereafter, a new record date for such interest payment (a “Special Record Date”) will be
established by the Paying Agent/Registrar, if and when funds for the payment of such interest
have been received from the Town. Notice of the Special Record Date and of the scheduled
payment date of the past due interest (which shall be fifteen (15) days after the Special Record
Date) shall be sent at least five (5) business days prior to the Special Record Date by United
States Mail, first class postage prepaid, to the address of each registered owner of a Bond
appearing on the Security Register at the close of business on the last business day next
preceding the date of mailing of such notice.
It is hereby certified, recited, represented, and declared that the Town is a body corporate
and political subdivision duly organized and legally existing under and by virtue of the
Constitution and laws of the State of Texas; that the issuance of the Bonds is duly authorized by
law; that all acts, conditions, and things required to exist and be done precedent to and in the
issuance of the Bonds to render the same lawful and valid obligations of the Town have been
properly done, have happened, and have been performed in regular and due time, form, and
manner as required by the Constitution and laws of the State of Texas, and the Ordinance; that
78890537.1/08013523
10
Page 61
RETURN TO AGENDA
the Bonds do not exceed any Constitutional or statutory limitation; and that due provision has
been made for the payment of the principal of and interest on the Bonds by the levy of a tax as
aforestated. In case any provision in this Bond shall be invalid, illegal, or unenforceable, the
validity, legality, and enforceability of the remaining provisions shall not in any way be affected
or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be
construed in accordance with and shall be governed by the laws of the State of Texas.
IN WITNESS WHEREOF, the Town Council of the Town has caused this Bond to be
duly executed under the official seal of the Town.
TOWN OF SUNNYVALE, TEXAS
_________________________________
Mayor
ATTEST:
_________________________________
Town Secretary
(Town Seal)
(c)
Form of Registration Certificate of Comptroller of Public Accounts to appear on
Initial Bond(s) only.
REGISTRATION CERTIFICATE OF
COMPTROLLER OF PUBLIC ACCOUNTS
OFFICE OF THE COMPTROLLER
OF PUBLIC ACCOUNTS
THE STATE OF TEXAS
(
(
(
REGISTER NO. __________
I HEREBY CERTIFY that this Bond has been examined, certified as to validity and
approved by the Attorney General of the State of Texas, and duly registered by the Comptroller
of Public Accounts of the State of Texas.
WITNESS my signature and seal of office this
.
___________________________________
Comptroller of Public Accounts
of the State of Texas
(SEAL)
78890537.1/08013523
11
Page 62
RETURN TO AGENDA
only.
(d)
Form of Certificate of Paying Agent/Registrar to appear on Definitive Bonds
REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR
This Bond has been duly issued and registered in the name of the Registered Owner
shown above under the provisions of the within-mentioned Ordinance; the bond or bonds of the
above entitled and designated series originally delivered having been approved by the Attorney
General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by
the records of the Paying Agent/Registrar.
The designated office of the Paying Agent/Registrar in _____, _____, is the Designated
Payment/Transfer Office for this Bond.
_______________,
_____, _____
as Paying Agent/Registrar
Registration Date:
__________________________
By: ______________________________
Authorized Signature
(e)
Form of Assignment.
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto
(Print or typewrite name, address, and zip code of transferee):
(Social Security or other identifying number:
_________________________________) the within Bond and all rights thereunder, and hereby
irrevocably constitutes and appoints
attorney to transfer the within Bond on the books kept for registration thereof, with full power of
substitution in the premises.
DATED:
NOTICE: The signature on this assignment
must correspond with the name of the
registered owner as it appears on the face of
the within Bond in every particular.
Signature guaranteed:
78890537.1/08013523
12
Page 63
RETURN TO AGENDA
(f)
The Initial Bond(s) shall be in the form set forth therefor in subsection (b) of this
Section, except as follows:
Heading and paragraph one shall be amended to read as follows:
NO. T-1
$_____
UNITED STATES OF AMERICA
STATE OF TEXAS
TOWN OF SUNNYVALE
GENERAL OBLIGATION REFUNDING BOND
SERIES 2013
Bond Date: __________, 2013
Registered Owner:
Principal Amount:
DOLLARS
The Town of Sunnyvale (hereinafter referred to as the “Town”), a body corporate and
political subdivision in the County of Dallas, State of Texas, for value received, acknowledges
itself indebted to and hereby promises to pay to the registered owner named above, or the
registered assigns thereof, the Principal Amount hereinabove stated on ___________________
in the years and in principal installments in accordance with the following schedule:
STATED
MATURITY
PRINCIPAL
AMOUNT
INTEREST
RATE(S)
(Information to be inserted from Pricing Certificate)
(or so much principal thereof as shall not have been redeemed prior to maturity) and to pay
interest on the unpaid principal installments hereof from the _________ at the per annum rates of
interest specified above computed on the basis of a 360-day year of twelve 30-day months; such
interest being payable on __________, 20__, and each ___________ and ________________
thereafter, until maturity or prior redemption. Principal installments of this Bond are payable in
the year of maturity or on a redemption date to the registered owner hereof by
_______________, _____, _____ (the “Paying Agent/Registrar”), upon presentation and
surrender at its designated offices, initially in _____, _____, or, with respect to a successor
paying agent/registrar, at the designated office of such successor (the “Designated
Payment/Transfer Office”). Interest is payable to the registered owner of this Bond whose name
appears on the “Security Register” maintained by the Paying Agent/Registrar at the close of
business on the “Record Date,” which is the ________________ day of the month next
preceding each interest payment date, and interest shall be paid by the Paying Agent/Registrar by
check sent United States Mail, first class postage prepaid, to the address of the registered owner
recorded in the Security Register or by such other method, acceptable to the Paying
Agent/Registrar, requested by, and at the risk and expense of, the registered owner. All
payments of principal of, premium, if any, and interest on this Bond shall be without exchange or
collection charges to the registered owner hereof and in any coin or currency of the United States
of America which at the time of payment is legal tender for the payment of public and private
debts. If the date for the payment of the principal of or interest on the Bonds shall be a Saturday,
78890537.1/08013523
13
Page 64
RETURN TO AGENDA
Sunday, a legal holiday, or a day on which banking institutions in the city where the Designated
Payment/Transfer Office of the Paying Agent/Registrar is located are authorized by law or
executive order to be closed, then the date for such payment shall be the next succeeding day
which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are
authorized to be closed; and payment on such date shall have the same force and effect as if
made on the original date payment was due.
SECTION 10. Levy of Taxes. To provide for the payment of the “Debt Service
Requirements” of the Bonds, being (i) the interest on the Bonds and (ii) a sinking fund for their
redemption at maturity or a sinking fund of 2% (whichever amount is the greater) there is hereby
levied, and there shall be annually assessed and collected in due time, form, and manner, a tax on
all taxable property in the Town, within the limitations by law prescribed, sufficient to pay the
principal of and interest on the Bonds as the same becomes due and payable; and such tax hereby
levied on each one hundred dollars’ valuation of taxable property in the Town for the payment of
the Debt Service Requirements of the Bonds shall be at a rate from year to year as will be ample
and sufficient to provide funds each year to pay the principal of and interest on said Bonds while
Outstanding; full allowance being made for delinquencies and costs of collection; the taxes
levied, assessed, and collected for and on account of the Bonds shall be accounted for separate
and apart from all other funds of the Town and shall be deposited in the “SPECIAL SERIES
2013 GENERAL OBLIGATION REFUNDING BOND FUND”, or such other fund designation
as specified in the Pricing Certificate (the “Interest and Sinking Fund”) to be maintained at an
official depository of the Town’s funds; and such tax hereby levied, and to be assessed and
collected annually, is hereby pledged to the payment of the Bonds.
PROVIDED, however, with regard to any payment to become due on the Bonds prior to
the tax delinquency date next following the annual assessment of taxes levied which next follows
the Bond Date, if any, sufficient current funds will be available and are hereby appropriated to
make such payments; and the Mayor, Mayor Pro Tem, Town Manager, Interim Town Manager,
Finance Administrator and Town Secretary of the Town, individually or jointly, are hereby
authorized and directed to transfer and deposit in the Interest and Sinking Fund such current
funds which, together with the accrued interest received from the initial purchasers, if any, will
be sufficient to pay the payments due on the Bonds prior to the tax delinquency date next
following the annual assessment of taxes levied which next follows the Bond Date.
The Mayor, Mayor Pro Tem, Town Manager, Interim Town Manager, Finance
Administrator and Town Secretary of the Town, individually or jointly, are hereby authorized
and directed to cause to be transferred to the Paying Agent/Registrar for the Bonds, from funds
on deposit in the Interest and Sinking Fund, amounts sufficient to fully pay and discharge
promptly each installment of interest and principal of the Bonds as the same accrues or matures
or comes due by reason of redemption prior to maturity; such transfers of funds to be made in
such manner as will cause collected funds to be deposited with the Paying Agent/Registrar on or
before each principal and interest payment date for the Bonds.
SECTION 11. Mutilated - Destroyed - Lost and Stolen Bonds. In case any Bond shall be
mutilated, or destroyed, lost, or stolen, the Paying Agent/Registrar may execute and deliver a
replacement Bond of like form and tenor, and in the same denomination and bearing a number
not contemporaneously outstanding, in exchange and substitution for such mutilated Bond; and
with respect to a lost, destroyed, or stolen Bond, a replacement Bond may be issued only upon
the approval of the Town and after (i) the filing by the Holder with the Paying Agent/Registrar of
78890537.1/08013523
14
Page 65
RETURN TO AGENDA
evidence satisfactory to the Paying Agent/Registrar of the destruction, loss, or theft of such
Bond, and of the authenticity of the ownership thereof and (ii) the furnishing to the Paying
Agent/Registrar of indemnification in an amount satisfactory to hold the Town and the Paying
Agent/Registrar harmless. All expenses and charges associated with such indemnity and with
the preparation, execution and delivery of a replacement Bond shall be borne by the Holder of
the Bond mutilated, or destroyed, lost, or stolen.
Every replacement Bond issued pursuant to this Section shall be a valid and binding
obligation of the Town, and shall be entitled to all the benefits of this Ordinance equally and
ratably with all other Outstanding Bonds; notwithstanding the enforceability of payment by
anyone of the destroyed, lost, or stolen Bonds.
The provisions of this Section are exclusive and shall preclude (to the extent lawful) all
other rights and remedies with respect to the replacement and payment of mutilated, destroyed,
lost, or stolen Bonds.
SECTION 12. Satisfaction of Obligation of Town. If the Town shall pay or cause to be
paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and
interest on the Bonds, at the times and in the manner stipulated in this Ordinance and the Pricing
Certificate, then the pledge of taxes levied under this Ordinance and all covenants, agreements,
and other obligations of the Town to the Holders shall thereupon cease, terminate, and be
discharged and satisfied.
Bonds or any principal amount(s) thereof shall be deemed to have been paid within the
meaning and with the effect expressed above in this Section when (i) money sufficient to pay in
full such Bonds or the principal amount(s) thereof at maturity or to the redemption date therefor,
together with all interest due thereon, shall have been irrevocably deposited with and held in trust
by the Paying Agent/Registrar, or an authorized escrow agent, or (ii) Government Securities
shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized
escrow agent, which Government Securities have been certified by an independent accounting
firm to mature as to principal and interest in such amounts and at such times as will insure the
availability, without reinvestment, of sufficient money, together with any moneys deposited
therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal
amount(s) thereof, on and prior to the Stated Maturity thereof or (if notice of redemption has
been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying
Agent/Registrar have been made) the redemption date thereof. The Town covenants that no
deposit of moneys or Government Securities will be made under this Section and no use made of
any such deposit which would cause the Bonds to be treated as “arbitrage bonds” within the
meaning of Section 148 of the Internal Revenue Code of 1986, as amended, or regulations
adopted pursuant thereto. The Town reserves the right, subject to satisfying the requirements of
(i) and (ii) above, to substitute other Government Securities for the Government Securities
originally deposited, to reinvest the uninvested moneys on deposit for such defeasance and to
withdraw for the benefit of the Town moneys in excess of the amount required for such
defeasance.
Any moneys so deposited with the Paying Agent/Registrar, or an authorized escrow
agent, and all income from Government Securities held in trust by the Paying Agent/Registrar, or
an authorized escrow agent, pursuant to this Section which is not required for the payment of the
Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such moneys
78890537.1/08013523
15
Page 66
RETURN TO AGENDA
have been so deposited shall be remitted to the Town or deposited as directed by the Town.
Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of
and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated
Maturity, or applicable redemption date, of the Bonds such moneys were deposited and are held
in trust to pay shall upon the request of the Town be remitted to the Town against a written
receipt therefor. Notwithstanding the above and foregoing, any remittance of funds from the
Paying Agent/Registrar to the Town shall be subject to any applicable unclaimed property laws
of the State of Texas.
Upon such deposit as described above, such Bonds shall no longer be regarded to be
outstanding or unpaid. Provided, however, the Town has reserved the option, to be exercised at
the time of the defeasance of the Bonds, to call for redemption, at an earlier date, those Bonds
which have been defeased to their maturity date, if the Town: (i) in the proceedings providing for
the firm banking and financial arrangements, expressly reserves the right to call the Bonds for
redemption; (ii) gives notice of the reservation of that right to the Holders of the Bonds
immediately following the making of the firm banking and financial arrangements; and
(iii) directs that notice of the reservation be included in any redemption notices that it authorizes.
The term “Government Securities” shall mean (i) direct noncallable obligations of the
United States of America, including obligations the principal of and interest on which are
unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an
agency or instrumentality of the United States of America, including obligations unconditionally
guaranteed or insured by the agency or instrumentality and, on the date of their acquisition or
purchase by the Town, are rated as to investment quality by a nationally recognized investment
rating firm not less than AAA or its equivalent, (iii) noncallable obligations of a state or an
agency or a county, municipality, or other political subdivision of a state that have been refunded
and that, on the date of their acquisition or purchase by the Town, are rated as to investment
quality by a nationally recognized investment rating firm not less than AAA or its equivalent,
and (iv) any other then authorized securities or obligations under applicable law that may be used
to defease obligations such as the Bonds.
SECTION 13. Ordinance a Contract - Amendments - Outstanding Bonds. This
Ordinance, together with the Pricing Certificate, shall constitute a contract with the Holders from
time to time, be binding on the Town, and shall not be amended or repealed by the Town so long
as any Bond remains Outstanding except as permitted in this Section and in Section 31 hereof.
The Town may, without the consent of or notice to any Holders, from time to time and at any
time, amend this Ordinance or any provision in the Pricing Certificate in any manner not
detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency,
or formal defect or omission herein. In addition, the Town may, with the consent of Holders
who own a majority of the aggregate of the principal amount of the Bonds then Outstanding,
amend, add to, or rescind any of the provisions of this Ordinance or any provision in the Pricing
Certificate; provided that, without the consent of all Holders of Outstanding Bonds, no such
amendment, addition, or rescission shall (1) extend the time or times of payment of the principal
of and interest on the Bonds, reduce the principal amount thereof, the redemption price, or the
rate of interest thereon, or in any other way modify the terms of payment of the principal of or
interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the
aggregate principal amount of Bonds required to be held by Holders for consent to any such
amendment, addition, or rescission.
78890537.1/08013523
16
Page 67
RETURN TO AGENDA
The term “Outstanding” when used in this Ordinance with respect to Bonds means, as of
the date of determination, all Bonds theretofore issued and delivered under this Ordinance,
except:
(1)
those Bonds cancelled by the Paying Agent/Registrar or delivered to the
Paying Agent/Registrar for cancellation;
(2)
those Bonds deemed to be duly paid by the Town in accordance with the
provisions of Section 12 hereof; and
(3)
those mutilated, destroyed, lost, or stolen Bonds which have been replaced
with Bonds registered and delivered in lieu thereof as provided in Section 11 hereof.
SECTION 14. Covenants to Maintain Tax-Exempt Status.
(a)
meanings:
Definitions. When used in this Section, the following terms have the following
“Closing Date” means the date on which the Bonds are first authenticated
and delivered to the initial purchasers against payment therefor.
“Code” means the Internal Revenue Code of 1986, as amended by all
legislation, if any, effective on or before the Closing Date.
“Computation Date” has the meaning set forth in Section 1.148-1(b) of the
Regulations.
“Gross Proceeds” means any proceeds as defined in Section 1.148-1(b) of
the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of
the Regulations, of the Bonds.
“Investment” has the meaning set forth in Section 1.148-1(b) of the
Regulations.
“Nonpurpose Investment” means any investment property, as defined in
Section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested
and which is not acquired to carry out the governmental purposes of the Bonds.
“Rebate Amount” has the meaning set forth in Section 1.148-1(b) of the
Regulations.
“Regulations” means any proposed, temporary, or final Income Tax
Regulations issued pursuant to Sections 103 and 141 through 150 of the Code,
and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds.
Any reference to any specific Regulation shall also mean, as appropriate, any
proposed, temporary or final Income Tax Regulation designed to supplement,
amend or replace the specific Regulation referenced.
78890537.1/08013523
17
Page 68
RETURN TO AGENDA
“Yield” of (1) any Investment has the meaning set forth in Section 1.148-5
of the Regulations and (2) the Bonds has the meaning set forth in Section 1.148-4
of the Regulations.
(b)
Not to Cause Interest to Become Taxable. The Town shall not use, permit the use
of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition,
construction, or improvement of which is to be financed (or refinanced) directly or indirectly
with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the
interest on any Bond to become includable in the gross income, as defined in Section 61 of the
Code, of the owner thereof for federal income tax purposes. Without limiting the generality of
the foregoing, unless and until the Town receives a written opinion of counsel nationally
recognized in the field of municipal bond law to the effect that failure to comply with such
covenant will not adversely affect the exemption from federal income tax of the interest on any
Bond, the Town shall comply with each of the specific covenants in this Section.
(c)
No Private Use or Private Payments. Except as permitted by Section 141 of the
Code and the Regulations and rulings thereunder, the Town shall at all times prior to the last
Stated Maturity of Bonds:
(i)
exclusively own, operate, and possess all property the acquisition,
construction, or improvement of which is to be financed or refinanced directly or
indirectly with Gross Proceeds of the Bonds (including property financed with
Gross Proceeds of the Refunded Obligations), and not use or permit the use of
such Gross Proceeds (including all contractual arrangements with terms different
than those applicable to the general public) or any property acquired, constructed,
or improved with such Gross Proceeds in any activity carried on by any person or
entity (including the United States or any agency, department, and instrumentality
thereof) other than a state or local government, unless such use is solely as a
member of the general public; and
(ii)
not directly or indirectly impose or accept any charge or other
payment by any person or entity who is treated as using Gross Proceeds of the
Bonds or any property the acquisition, construction, or improvement of which is
to be financed or refinanced directly or indirectly with such Gross Proceeds
(including property financed with Gross Proceeds of the Refunded Obligations),
other than taxes of general application within the Town or interest earned on
investments acquired with such Gross Proceeds pending application for their
intended purposes.
(d)
No Private Loan. Except to the extent permitted by Section 141 of the Code and
the Regulations and rulings thereunder, the Town shall not use Gross Proceeds of the Bonds to
make or finance loans to any person or entity other than a state or local government. For
purposes of the foregoing covenant, such Gross Proceeds are considered to be “loaned” to a
person or entity if: (1) property acquired, constructed, or improved with such Gross Proceeds is
sold or leased to such person or entity in a transaction which creates a debt for federal income tax
purposes; (2) capacity in or service from such property is committed to such person or entity
under a take-or-pay, output, or similar contract or arrangement; or (3) indirect benefits, or
burdens and benefits of ownership, of such Gross Proceeds or any property acquired,
78890537.1/08013523
18
Page 69
RETURN TO AGENDA
constructed, or improved with such Gross Proceeds are otherwise transferred in a transaction
which is the economic equivalent of a loan.
(e)
Not to Invest at Higher Yield. Except to the extent permitted by Section 148 of
the Code and the Regulations and rulings thereunder, the Town shall not at any time prior to the
final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment
(or use Gross Proceeds to replace money so invested), if as a result of such investment the Yield
from the Closing Date of all Investments acquired with Gross Proceeds (or with money replaced
thereby), whether then held or previously disposed of, exceeds the Yield of the Bonds.
(f)
Not Federally Guaranteed. Except to the extent permitted by Section 149(b) of
the Code and the Regulations and rulings thereunder, the Town shall not take or omit to take any
action which would cause the Bonds to be federally guaranteed within the meaning of Section
149(b) of the Code and the Regulations and rulings thereunder.
(g)
Information Report. The Town shall timely file the information required by
Section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other
form and in such place as the Secretary may prescribe.
(h)
Rebate of Arbitrage Profits. Except to the extent otherwise provided in Section
148(f) of the Code and the Regulations and rulings thereunder:
(i)
The Town shall account for all Gross Proceeds (including all
receipts, expenditures and investments thereof) on its books of account separately
and apart from all other funds (and receipts, expenditures and investments
thereof) and shall retain all records of accounting for at least six (6) years after the
day on which the last Outstanding Bond is discharged. However, to the extent
permitted by law, the Town may commingle Gross Proceeds of the Bonds with
other money of the Town, provided that the Town separately accounts for each
receipt and expenditure of Gross Proceeds and the obligations acquired therewith.
(ii)
Not less frequently than each Computation Date, the Town shall
calculate the Rebate Amount in accordance with rules set forth in Section 148(f)
of the Code and the Regulations and rulings thereunder. The Town shall maintain
such calculations with its official transcript of proceedings relating to the issuance
of the Bonds until six years after the final Computation Date.
(iii) As additional consideration for the purchase of the Bonds by the
Purchasers and the loan of the money represented thereby and in order to induce
such purchase by measures designed to insure the excludability of the interest
thereon from the gross income of the Holders thereof for federal income tax
purposes, the Town shall pay to the United States out of the general fund, other
appropriate fund, or, if permitted by applicable Texas statute, regulation, or
opinion of the Attorney General of the State of Texas, the Interest and Sinking
Fund, the amount that when added to the future value of previous rebate payments
made for the Bonds equals (i) in the case of a Final Computation Date as defined
in Section 1.148-3(e)(2) of the Regulations, one hundred percent (100%) of the
Rebate Amount on such date; and (ii) in the case of any other Computation Date,
ninety percent (90%) of the Rebate Amount on such date. In all cases, the rebate
78890537.1/08013523
19
Page 70
RETURN TO AGENDA
payments shall be made at the times, in the installments, to the place, and in the
manner as is or may be required by Section 148(f) of the Code and the
Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or
such other forms and information as is or may be required by Section 148(f) of
the Code and the Regulations and rulings thereunder.
(iv)
The Town shall exercise reasonable diligence to assure that no
errors are made in the calculations and payments required by paragraphs (2) and
(3), and if an error is made, to discover and promptly correct such error within a
reasonable amount of time thereafter (and in all events within one hundred eighty
(180) days after discovery of the error), including payment to the United States of
any additional Rebate Amount owed to it, interest thereon, and any penalty
imposed under Section 1.148-3(h) of the Regulations.
(i)
Not to Divert Arbitrage Profits. Except to the extent permitted by Section 148 of
the Code and the Regulations and rulings thereunder, the Town shall not, at any time prior to the
earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that
reduces the amount required to be paid to the United States pursuant to subsection (h) of this
Section because such transaction results in a smaller profit or a larger loss than would have
resulted if the transaction had been at arm’s length and had the Yield of the Bonds not been
relevant to either party.
(j)
Elections. The Town hereby directs and authorizes the Mayor, Mayor Pro Tem,
Town Manager, Interim Town Manager, Finance Administrator and Town Secretary,
individually or collectively, to make elections permitted or required pursuant to the provisions of
the Code or the Regulations, as they deem necessary or appropriate in connection with the
Certificates, in the Certificate as to Tax Exemption or similar or other appropriate certificate,
form or document.
(k)
Bonds Not Hedge Bonds. At the time the original obligations refunded by the
Bonds were issued, the Town reasonably expected to spend at least 85% of the spendable
proceeds of such obligations within three years after such obligations were issued and (2) not
more than 50% of the proceeds of the original obligations refunded by the Bonds were invested
in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or
more.
(l)
Current Refunding of the Refunded Obligations. A portion of the Bonds is a
current refunding of the Refunded Obligations, and such payment of the Refunded Obligations
will occur within ninety (90) days after the issuance of the Bonds.
(m)
Qualified Tax-Exempt Obligations. The Pricing Officer is hereby authorized to
designate in the Pricing Certificate the designation of the Bonds as “qualified tax-exempt
obligations” in accordance with the provisions of the paragraph (3) of subsection (b) of Section
265 of the Code in the event the Bonds qualify for such designation and confirm that the Bonds
are not “private activity bonds” as defined in the Code and confirm the amount of “tax-exempt
obligations” to be issued by the Town (including all subordinate entities of the Town) for the
calendar year in which the Bonds are issued will not exceed $10,000,000.
78890537.1/08013523
20
Page 71
RETURN TO AGENDA
SECTION 15. Sale of Bonds - Official Statement. The Bonds authorized by this
Ordinance may be sold by the Town to the purchaser(s) (previously defined herein as the
“Purchasers”) by (i) negotiated sale, in accordance with a bond purchase agreement (the
“Purchase Contract”), (ii) by private placement, in accordance with an agreement to purchase or
other agreement, or (iii) by competitive bidding, in accordance with the successful bid submitted
therefor, as determined by the Pricing Officer in accordance with Section 3 hereof. The Pricing
Officer is hereby authorized and directed to execute the Purchase Contract, agreement to
purchase in the event of a private placement, or the successful bid form in the event of a
competitive sale, as applicable, for and on behalf of the Town and as the act and deed of the
Council, and to make a determination as to whether the terms are in the Town’s best interests,
which determination shall be final.
With regard to such terms and provisions of said Purchase Contract as a result of a
negotiated sale, the Pricing Officer is hereby authorized to come to an agreement with the
Purchasers on the following, among other matters:
1.
The details of the purchase and sale of the Bonds;
2.
The details of the public offering of the Bonds by the Purchasers;
3.
The details of an Official Statement (and, if appropriate, any Preliminary Official
Statement) relating to the Bonds and the Town’s Rule 15c2-12 compliance;
4.
A security deposit for the Bonds;
5.
The representations and warranties of the Town to the Purchasers;
6.
The details of the delivery of, and payment for, the Bonds;
7.
The Purchasers’ obligations under the Purchase Contract;
8.
The certain conditions to the obligations of the Town under the Purchase
Contract;
9.
Termination of the Purchase Contract;
10.
Particular covenants of the Town;
11.
The survival of representations made in the Purchase Contract;
12.
The payment of any expenses relating to the Purchase Contract;
13.
Notices; and
14.
Any and all such other details that are found by the Pricing Officer to be
necessary and advisable for the purchase and sale of the Bonds.
In the event the Bonds are sold by negotiated sale or competitive bid, the Mayor and
Town Secretary are further authorized to cause to be delivered for and on behalf of the Town
copies of a Preliminary Official Statement and Official Statement prepared in connection with
the offering of the Bonds by the Purchasers, in final form as may be required by the Purchasers,
and such final Official Statement shall be deemed to be approved by the Council and constitute
the Official Statement authorized for distribution and use by the Purchasers.
SECTION 16. Escrow Agreement. An “Escrow Agreement” or “Special Escrow
Agreement” (either, the “Escrow Agreement”) by and between the Town and an authorized
78890537.1/08013523
21
Page 72
RETURN TO AGENDA
escrow agent (the “Escrow Agent”), if any such agreement is required in connection with the
issuance of the Bonds, shall be attached to and approved in the Pricing Certificate. Such Escrow
Agreement is hereby authorized to be finalized and executed by the Pricing Officer for and on
behalf of the Town and as the act and deed of the Council; and such Escrow Agreement as
executed by said Pricing Officer shall be deemed approved by the Council and constitute the
Escrow Agreement herein approved. With regard to the finalization of certain terms and
provisions of any Escrow Agreement, a Pricing Officer is hereby authorized to come to an
agreement with the Escrow Agent on the following details, among other matters:
1.
The identification of the Refunded Obligations;
2.
The creation and funding of the Escrow Fund or Funds; and
3.
The Escrow Agent’s compensation, administration of the Escrow Fund or Funds,
and the settlement of any paying agents’ charges relating to the Refunded Obligations.
Furthermore, appropriate officials of the Town in cooperation with the Escrow Agent are
hereby authorized and directed to make the necessary arrangements for the purchase of the
escrowed securities referenced in the Escrow Agreement, if any, and the delivery thereof to the
Escrow Agent on the day of delivery of the Bonds to the Purchasers for deposit to the credit of
the “TOWN OF SUNNYVALE, TEXAS, GENERAL OBLIGATION REFUNDING BONDS,
SERIES 2013 ESCROW FUND” (referred to herein as the “Escrow Fund”), or such other
designation as specified in the Pricing Certificate; all as contemplated and provided in Chapter
1207, the Ordinance, the Pricing Certificate and the Escrow Agreement.
On or immediately prior to the date of the delivery of the Bonds to the Purchasers, the
Pricing Officer, or other authorized Town official listed in Section 33 hereof, shall also cause to
be deposited (and is hereby authorized to cause to be deposited) with the Escrow Agent from
moneys on deposit in the debt service fund(s) maintained for the payment of the Refunded
Obligations an amount which, together with the proceeds of sale of the Bonds, and the
investment earnings thereon, will be sufficient to pay in full the Refunded Obligations (or the
amount of accrued interest due thereon) scheduled to mature and authorized to be redeemed on
the earliest date established in the Pricing Certificate for the redemption of any of the Refunded
Obligations (or the earliest date of payment, to be made from moneys in the Escrow Fund(s), as
established in the Pricing Certificate, of the amount of accrued interest due thereon).
SECTION 17. Refunded Obligations.
(a)
In order to provide for the refunding, discharge, and retirement of the Refunded
Obligations as selected by the Pricing Officer, the Refunded Obligations, identified, described,
and in the amounts set forth in the Pricing Certificate, are called for redemption on the first
date(s) such Refunded Obligations are subject to redemption or such other date specified by the
Pricing Officer in the Pricing Certificate at the price of par plus accrued interest to the
redemption dates, and notice of such redemption shall be given in accordance with the applicable
provisions of the ordinance(s) adopted by the Council, which authorized the issuance of the
Refunded Obligations. The Pricing Officer is hereby authorized and directed to issue or cause to
be issued a Notice of Redemption for each series of the Refunded Obligations in substantially the
form(s) set forth as (an) Exhibit(s) to the Pricing Certificate, to each and every paying
agent/registrar for Refunded Obligations, in accordance with the redemption provisions
applicable to each series of the Refunded Obligations.
78890537.1/08013523
22
Page 73
RETURN TO AGENDA
(b)
Each paying agent/registrar for the Refunded Obligations is hereby directed to
provide the appropriate notice(s) of redemption as required by the respective ordinances
authorizing the issuance of the Refunded Obligations and is hereby directed to make appropriate
arrangements so that the Refunded Obligations may be redeemed on the respective redemption
date(s) specified in the Pricing Certificate.
(c)
The source of funds for payment of the principal of and interest on the Refunded
Obligations on their respective maturity or redemption dates shall be from the funds deposited
with the Escrow Agent, pursuant to the Escrow Agreement, if any, or with the paying
agent/registrar for the Refunded Obligations pursuant the provisions of Chapter 1207, this
Ordinance and the Pricing Certificate finalized by the Pricing Officer.
SECTION 18. Control and Custody of Bonds. The Mayor of the Town shall be and is
hereby authorized to take and have charge of all necessary ordinances, resolutions, orders and
records, including the definitive Bonds and the Initial Bond(s), pending the investigation and
approval of the Initial Bond(s) by the Attorney General of the State of Texas, and the registration
of the Initial Bond(s) to the Comptroller of Public Accounts and the delivery thereof to the
Purchasers.
SECTION 19. Proceeds of Sale. Unless otherwise specified by the Pricing Officer in the
Pricing Certificate, immediately following the delivery of the Bonds, the proceeds of sale (less
those proceeds of sale designated to pay costs of issuance, bond insurance premium, if any, and
any accrued interest received from the Purchasers of the Bonds or additional proceeds being
deposited to the Interest and Sinking Fund) shall be deposited with the Escrow Agent for
application and disbursement in accordance with the provisions of the Escrow Agreement or
deposited with the paying agent/registrar(s) for the Refunded Obligations for the payment and
redemption of the Refunded Obligations. The proceeds of sale of the Bonds not so deposited
with the Escrow Agent (or the paying agent/registrar(s) for the Refunded Obligations) for the
refunding of the Refunded Obligations shall be disbursed for payment of costs of issuance and
bond insurance premium, if any, or deposited in the Interest and Sinking Fund for the Bonds, all
in accordance with written instructions from the Town or its financial advisor. Such proceeds of
sale may be invested in authorized investments and any investment earnings realized may be
(with respect to the accrued interest received from the Purchasers) deposited in the Interest and
Sinking Fund as shall be determined by the Council.
Additionally, the Pricing Officer shall determine the amount of any Town contribution to
the refunding from moneys on deposit in the interest and sinking fund(s) maintained for the
payment of the Refunded Obligations.
SECTION 20. Notices to Holders - Waiver. Wherever this Ordinance or the Pricing
Certificate provides for notice to Holders of any event, such notice shall be sufficiently given
(unless otherwise herein expressly provided) if in writing and sent by United States Mail, first
class postage prepaid, to the address of each Holder appearing in the Security Register at the
close of business on the business day next preceding the mailing of such notice.
In any case in which notice to Holders is given by mail, neither the failure to mail such
notice to any particular Holders, nor any defect in any notice so mailed, shall affect the
sufficiency of such notice with respect to all other Bonds. Where this Ordinance or the Pricing
Certificate provides for notice in any manner, such notice may be waived in writing by the
78890537.1/08013523
23
Page 74
RETURN TO AGENDA
Holder entitled to receive such notice, either before or after the event with respect to which such
notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by
Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition
precedent to the validity of any action taken in reliance upon such waiver.
SECTION 21. Cancellation. All Bonds surrendered for payment, redemption, transfer,
exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly
cancelled by it and, if surrendered to the Town, shall be delivered to the Paying Agent/Registrar
and, if not already cancelled, shall be promptly cancelled by the Paying Agent/Registrar. The
Town may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds
previously certified or registered and delivered which the Town may have acquired in any
manner whatsoever, and all Bonds so delivered shall be promptly cancelled by the Paying
Agent/Registrar. All cancelled Bonds held by the Paying Agent/Registrar shall be returned to
the Town.
SECTION 22. Bond Counsel Opinion. The obligation of the Purchasers to accept
delivery of the Bonds is subject to being furnished a final opinion of Fulbright & Jaworski
L.L.P., Attorneys, Dallas, Texas, approving the Bonds as to their validity, said opinion to be
dated and delivered as of the date of delivery and payment for the Bonds. A true and correct
reproduction of said opinion is hereby authorized to be printed on the Bonds, or an executed
counterpart thereof is hereby authorized to be either printed on definitive printed obligations or
deposited with DTC along with the global certificates for the implementation and use of the
Book-Entry-Only System used in the settlement and transfer of the Bonds.
SECTION 23. CUSIP Numbers. CUSIP numbers may be printed or typed on the
definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP
numbers on the definitive Bonds shall be of no significance or effect as regards the legality
thereof, and neither the Town nor attorneys approving the Bonds as to legality are to be held
responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds.
SECTION 24. Benefits of Ordinance. Nothing in this Ordinance or the Pricing
Certificate, expressed or implied, is intended or shall be construed to confer upon any person
other than the Town, the Paying Agent/Registrar and the Holders, any right, remedy, or claim,
legal or equitable, under or by reason of this Ordinance or any provision hereof or the Pricing
Certificate, this Ordinance and all of its provisions and the Pricing Certificate being intended to
be and being for the sole and exclusive benefit of the Town, the Paying Agent/Registrar, and the
Holders.
SECTION 25. Inconsistent Provisions. All ordinances or 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 contained herein.
SECTION 26. Governing Law. This Ordinance shall be construed and enforced in
accordance with the laws of the State of Texas and the United States of America.
SECTION 27. Effect of Headings. The Section headings herein are for convenience of
reference only and shall not affect the construction hereof.
78890537.1/08013523
24
Page 75
RETURN TO AGENDA
SECTION 28. Construction of Terms. If appropriate in the context of this Ordinance,
words of the singular number shall be considered to include the plural, words of the plural
number shall be considered to include the singular, and words of the masculine, feminine, or
neuter gender shall be considered to include the other genders.
SECTION 29. Severability. If any provision of this Ordinance or the Pricing Certificate
or the application thereof to any circumstance shall be held to be invalid, the remainder of this
Ordinance and the Pricing Certificate and the application thereof to other circumstances shall
nevertheless be valid, and the Council hereby declares that this Ordinance would have been
enacted without such invalid provision.
SECTION 30. Incorporation of Findings and Determinations. The findings and
determinations of the Council contained in the preamble hereof are hereby incorporated by
reference and made a part of this Ordinance for all purposes as if the same were restated in full in
this Section.
SECTION 31. Continuing Disclosure Undertaking. This Section shall apply unless the
Pricing Officer determines in the Pricing Certificate that an undertaking is not required pursuant
to the Rule (defined below).
(a)
Definitions. As used in this Section, the following terms have the meanings
ascribed to such terms below:
“MSRB” means the Municipal Securities Rulemaking Board.
“Rule” means SEC Rule 15c2-12, as amended from time to time or
officially interpreted by the SEC.
“SEC” means the United States Securities and Exchange Commission.
(b)
Annual Reports. The Town shall provide annually to the MSRB (1) within six
months after the end of each fiscal year, beginning with the year stated in the Pricing Certificate,
financial information and operating data with respect to the Town of the general type included in
the final Official Statement and described in the Pricing Certificate and (2) if not provided as part
of such financial information and operating data, audited financial statements of the Town, when
and if available. Any financial statements so provided shall be prepared in accordance with the
accounting principles described in the Pricing Certificate, or such other accounting principles as
the Town may be required to employ from time to time pursuant to state law or regulation, and
audited, if the Town commissions an audit of such statements and the audit is completed within
the period during which they must be provided.
If the Town changes its fiscal year, it will notify the MSRB of the change (and of the date
of the new fiscal year end) prior to the next date by which the Town otherwise would be required
to provide financial information and operating data pursuant to this Section.
The financial information and operating data to be provided pursuant to this Section may
be set forth in full in one or more documents or may be included by specific reference to any
document available to the public on the MSRB’s Internet Web site or filed with the SEC.
78890537.1/08013523
25
Page 76
RETURN TO AGENDA
(c)
Notices of Certain Events. The Town shall provide notice of any of the following
events with respect to the Bonds to the MSRB in a timely manner and not more than 10 business
days after occurrence of the event:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Principal and interest payment delinquencies;
Non-payment related defaults, if material;
Unscheduled draws on debt service reserves reflecting financial
difficulties;
Unscheduled draws on credit enhancements reflecting financial
difficulties;
Substitution of credit or liquidity providers, or their failure to perform;
Adverse tax opinions, the issuance by the Internal Revenue Service of
proposed or final determinations of taxability, Notices of Proposed Issue
(IRS Form 5701-TEB), or other material notices or determinations with
respect to the tax status of the Bonds, or other material events affecting the
tax status of the Bonds;
Modifications to rights of holders of the Bonds, if material;
Bond calls, if material, and tender offers;
Defeasances;
Release, substitution, or sale of property securing repayment of the Bonds,
if material;
Rating changes;
Bankruptcy, insolvency, receivership, or similar event of the Town, which
shall occur as described below;
The consummation of a merger, consolidation, or acquisition involving the
Town or the sale of all or substantially all of its assets, other than in the
ordinary course of business, the entry into of a definitive agreement to
undertake such an action or the termination of a definitive agreement
relating to any such actions, other than pursuant to its terms, if material;
and
Appointment of a successor or additional trustee or the change of name of
a trustee, if material.
For these purposes, any event described in the immediately preceding subsection (c)12 is
considered to occur when any of the following occur: the appointment of a receiver, fiscal agent,
or similar officer for the Town in a proceeding under the United States Bankruptcy Code or in
any other proceeding under state or federal law in which a court or governmental authority has
assumed jurisdiction over substantially all of the assets or business of the Town, or if such
jurisdiction has been assumed by leaving the existing governing body and officials or officers in
possession but subject to the supervision and orders of a court or governmental authority, or the
entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or
governmental authority having supervision or jurisdiction over substantially all of the assets or
business of the Town.
The Town shall notify the MSRB, in a timely manner, of any failure by the Town to
provide financial information or operating data in accordance with subsection (b) of this Section
by the time required by such Section.
78890537.1/08013523
26
Page 77
RETURN TO AGENDA
(d)
Filings with the MSRB. All financial information, operating data, financial
statements, notices and other documents provided to the MSRB in accordance with this Section
shall be provided in an electronic format prescribed by the MSRB and shall be accompanied by
identifying information as prescribed by the MSRB.
(e)
Limitations, Disclaimers and Amendments. The Town shall be obligated to
observe and perform the covenants specified in this Section while, but only while, the Town
remains an “obligated person” with respect to the Bonds within the meaning of the Rule, except
that the Town in any event will give the notice required by subsection (c) hereof of any Bond
calls and defeasance that cause the Town to be no longer such an “obligated person.”
The provisions of this Section are for the sole benefit of the Holders and beneficial
owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or
any legal or equitable right, remedy, or claim hereunder to any other person. The Town
undertakes to provide only the financial information, operating data, financial statements, and
notices which it has expressly agreed to provide pursuant to this Section and does not hereby
undertake to provide any other information that may be relevant or material to a complete
presentation of the Town’s financial results, condition, or prospects or hereby undertake to
update any information provided in accordance with this Section or otherwise, except as
expressly provided herein. The Town does not make any representation or warranty concerning
such information or its usefulness to a decision to invest in or sell Bonds at any future date.
UNDER NO CIRCUMSTANCES SHALL THE TOWN BE LIABLE TO THE
HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN
CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM
ANY BREACH BY THE TOWN, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS
PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND
REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT
OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR
SPECIFIC PERFORMANCE.
No default by the Town in observing or performing its obligations under this Section
shall constitute a breach of or default under this Ordinance for purposes of any other provision of
this Ordinance.
Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the
duties of the Town under federal and state securities laws.
Notwithstanding anything to the contrary in this Ordinance, the provisions of this Section
may be amended by the Town from time to time to adapt to changed circumstances resulting
from a change in legal requirements, a change in law, or a change in the identity, nature, status,
or type of operations of the Town, but only if (1) the provisions of this Section, as so amended,
would have permitted an underwriter to purchase or sell Bonds in the primary offering of the
Bonds in compliance with the Rule, taking into account any amendments or interpretations of the
Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a)
the Holders of a majority in aggregate principal amount (or any greater amount required by any
other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds
consent to such amendment or (b) a person that is unaffiliated with the Town (such as nationally
recognized bond counsel) determines that such amendment will not materially impair the
interests of the Holders and beneficial owners of the Bonds. The provisions of this Section may
78890537.1/08013523
27
Page 78
RETURN TO AGENDA
also be amended from time to time or repealed by the Town if the SEC amends or repeals the
applicable provisions of the Rule or a court of final jurisdiction determines that such provisions
are invalid, but only if and to the extent that reservation of the Town’s right to do so would not
prevent an underwriter of the initial public offering of the Bonds from lawfully purchasing or
selling Bonds in such offering. If the Town so amends the provisions of this Section, it shall
include with any amended financial information or operating data next provided pursuant to
subsection (b) of this Section an explanation, in narrative form, of the reasons for the amendment
and of the impact of any change in the type of financial information or operating data so
provided.
SECTION 32. Municipal Bond Insurance. The Bonds may be sold with the principal of
and interest thereon being insured by a municipal bond insurance provider authorized to transact
business in the State of Texas. The Pricing Officer is hereby authorized to make the selection of
municipal bond insurance (if any) for the Bonds and make the determination of the provisions of
any commitment therefor.
SECTION 33. Further Procedures. Any one or more of the Mayor, Mayor Pro Tem,
Town Manager, Interim Town Manager, Finance Administrator and Town Secretary of the Town
are hereby expressly authorized, empowered and directed from time to time and at any time to do
and perform all such acts and things and to execute, acknowledge and deliver in the name and on
behalf of the Town all agreements, instruments, certificates or other documents, whether
mentioned herein or not, as may be necessary or desirable in order to carry out the terms and
provisions of this Ordinance and the issuance of the Bonds. In addition, prior to the initial
delivery of the Bonds, the Mayor, Mayor Pro Tem, Town Manager, Interim Town Manager,
Finance Administrator and Town Secretary of the Town or Bond Counsel to the Town are each
hereby authorized and directed to approve any changes or corrections to this Ordinance or to any
of the documents authorized and approved by this Ordinance, including the Pricing Certificate:
(i) in order to cure any technical ambiguity, formal defect or omission in this Ordinance or such
other document; or (ii) as requested by the Attorney General of the State of Texas or his
representative to obtain the approval of the Bonds by the Attorney General and if such officer or
counsel determines that such ministerial changes are consistent with the intent and purpose of
this Ordinance, which determination shall be final. In the event that any officer of the Town
whose signature shall appear on any document shall cease to be such officer before the delivery
of such document, such signature nevertheless shall be valid and sufficient for all purposes the
same as if such officer had remained in office until such delivery.
SECTION 34. Public Meeting. It is officially found, determined, and declared that the
meeting at which this Ordinance is adopted was open to the public and public notice of the time,
place, and subject matter of the public business to be considered at such meeting, including this
Ordinance, was given, all as required by Chapter 551 of the Texas Government Code, as
amended.
SECTION 35. Effective Date. In accordance with the provisions of V.T.C.A.,
Government Code, Section 1201.028, as amended, this Ordinance shall be in force and effect
from and after its passage on the date shown below and it is so ordained.
78890537.1/08013523
28
Page 79
RETURN TO AGENDA
PASSED AND ADOPTED, March 25, 2013.
TOWN OF SUNNYVALE, TEXAS
Mayor
ATTEST:
Town Secretary
(Town Seal)
78890537.1/08013523
S-1
Page 80
RETURN TO AGENDA
EXHIBIT A
PAYING AGENT/REGISTRAR AGREEMENT
78890537.1/08013523
A-1
Page 81
Information Related to Proposed Refunding
of Series 2003 & Series 2008
George Williford
Erick Macha
Marti Shew
Managing Director
Vice President
Vice President
214.953.8705
214.953.4033
214.953.8853
[email protected]
[email protected]
[email protected]
Sunnyvale, Texas
Page 82
PA R A M E T E R B O N D S A L E
Page 83
Parameter Bond Sale


Section 1207 of
the Government
Code allows
refunding bonds
via a Parameter
Sale
Council delegates final pricing authority to
Pricing Officer(s)
Council establishes bond sale parameters:

Maximum Interest Rate

Mi i
Minimum
Savings
S i
Th
Threshold
h ld ffor R
Refunding
f di

Aggregate Principal Amount of Issue

Final
a Maturity
a u y Date
ae

Expiration of Delegated Authority
• 6 Months
Pricing Officer(s) can only approve sale if
Council parameters are met
S U N N Y V A L E ,

T X
3
Member FINRA & SIPC © 2013
First Southwest Company
Page 84
Parameter Bond Sale
Reason for Parameter Bond Sale = FLEXIBILITY
Market Timing – Bond issue is in ‘Day-to-Day’ mode, meaning
bonds can be priced at any time and in an interest rate
environment that is advantageous rather than being locked into
pricing on the date of a Council meeting.
S U N N Y V A L E ,
T X
4
Page 85
Refunding of Series 2003 & Series 2008
S U N N Y V A L E ,
T X
Page 86
Bond Issues to be Refunded
Series 2003

Original Par Amount:
$2,500,000

Aggregate Callable Principal Amount:
$1,020,000

Pi i lM
Principal
Maturity
t it Dates:
D t
2014 th
through
h 2018

Interest Rates:
3.90% - 4.25%

Call Date:
Currently Callable

Final Maturity Date:
February 15,
15 2018
Series 2008
Original Par Amount:
$7,000,000

Aggregate Callable Principal Amount:
$5,950,000

Principal Maturity Dates:
2014 through 2028

Interest Rates:
4.03%

Call Date:
Currently Callable

Final Maturity Date:
February 15, 2028
T X
Combined Callable Amount:
S U N N Y V A L E ,

$6,970,000
6
Page 87
Current Market 1 - Level Savings by Series
$60,567 Projected Average Annual Savings (2014-2018)
1 Preliminary
rates, subject to change.
FYE
Prior Debt Service
Transfer from Debt Service Fund
Refunding Debt Service
2013
$ 140,793
$ 102,802
$ 37,990
$ ‐ 2014
756,933
‐
692,200
64,733 2015
771,831
‐
711,600
60,231 2016
780,228
‐
720,500
59,728 2017
801,902
‐
743,850
58,052 2018
816,693
‐
756,600
60,093 2019
492,006
‐
446,288
45,719 2020
488,506
‐
443,100
45,406 2021
504,199
‐
458,650
45,549 2022
503,986
‐
457,850
46,136 2023
503,168
503 168
‐
456,750
456 750
46,418 46 418
2024
511,544
‐
464,213
47,332 2025
518,913
‐
470,038
48,876 2026
525,274
‐
480,075
45,199 2027
525,729
‐
479,413
46,316 46,316
2028
525,377
‐
478,225
47,152 $ 9,167,081
$ 102,802
$ 8,297,340
$ 766,939
$
$ 636 588
636,588
S U N N Y V A L E ,
Net Present Value Savings
Savings
T X
Percentage Savings of Refunded Bonds = 9.133%
7
Page 88
Current Market 1 - Series 2003
1 Preliminary
$12,650 Projected Average Annual Savings
FYE
Prior Debt Service
2013
$ 20,900
$ 16,671
$ 4,229
$ ‐ 2014
223,193
‐
208,400
14,793 2015
225,685
‐
214,500
11,185 2016
227,583
‐
215,450
12,133 2017
228,865
‐
216,300
12,565 2018
224,675
‐
212,100
12,575 $ 1,150,900
$ 16,671
$ 1,070,979
$ 63,250
Savings
$ 61,147
S U N N Y V A L E ,
T X
8
Page 89
Current Market 1 - Series 2008
1 Preliminary
FYE
Prior Debt Service
2013
$ 119,893
$ 86,132
$ 33,760
$ ‐ 2014
533,740
‐
483,800
49,940 2015
546,146
‐
497,100
49,046 2016
552,646
‐
505,050
47,596 2017
573,037
‐
527,550
45,487 2018
592,018
‐
544,500
47,518 2019
492,006
492 006
‐
446,288
446 288
45,719 45 719
2020
488,506
‐
443,100
45,406 2021
504,199
‐
458,650
45,549 2022
503,986
‐
457,850
46,136 2023
503,168
503 168
‐
456,750
456 750
46,418 46 418
2024
511,544
‐
464,213
47,332 2025
518,913
‐
470,038
48,876 2026
525,274
‐
480,075
45,199 2027
525,729
,
‐
479,413
,
46,316 ,
2028
525,377
‐
478,225
47,152 $ 8,016,181
$ 86,132
$ 7,226,360
$ 703,689
$
$ 657,525
S U N N Y V A L E ,
Savings
T X
9
Page 90
Recommended - 4.00% Minimum Present Value Savings
FYE
Prior Debt Service
2013
$ 140,793
$ 89,923
$ 50,870
$ ‐ 2014
756,933
‐
727,014
29,918 2015
771,831
‐
742,253
29,578 2016
780,228
‐
751,688
28,540 2017
801,902
‐
770,246
31,656 2018
816,693
‐
787,781
28,911 2019
492,006
492 006
‐
473,402
473 402
18,604 18 604
2020
488,506
‐
467,534
20,972 2021
504,199
‐
485,192
19,007 2022
503,986
‐
486,167
17,819 2023
503,168
503 168
‐
481,652
481 652
21,516 21 516
2024
511,544
‐
490,450
21,094 2025
518,913
‐
497,205
21,708 2026
525,274
‐
502,855
22,419 2027
525,729
525 729
‐
507,398
507 398
18,330 18 330
2028
525,377
‐
505,947
19,430 $ 9,167,081
$ 89,923
$ 8,727,656
$ 349,503
$
$ 279 297
279,297
S U N N Y V A L E ,
Savings
T X
10
Page 91
Sample - 5.00% Minimum Present Value Savings
FYE
Prior Debt Service
2013
$ 140,793
$ 92,093
$ 48,699
$ ‐ 2014
756,933
‐
721,894
35,039 2015
771,831
‐
732,821
39,010 2016
780,228
‐
743,055
37,174 2017
801,902
‐
767,387
34,515 2018
816,693
‐
780,749
35,944 2019
492,006
‐
467,067
24,939 2020
488,506
‐
461,675
26,830 2021
504,199
‐
479,836
24,363 2022
503,986
‐
476,442
27,544 2023
503,168
503 168
‐
477,576
477 576
25,592 25 592
2024
511,544
‐
486,956
24,589 2025
518,913
‐
494,329
24,584 2026
525,274
‐
500,635
24,639 2027
525,729
525 729
‐
500,979
500 979
24,750 24 750
2028
525,377
‐
500,469
24,908 $ 9,167,081
$ 92,093
$ 8,640,569
$ 434,419
$
$ 348 561
348,561
S U N N Y V A L E ,
N tP
tV l
S i
Savings
T X
11
Page 92
Sample - 6.00% Minimum Present Value Savings
FYE
Prior Debt Service
2013
$ 140,793
$ 94,221
$ 46,572
$ ‐ 2014
756,933
‐
716,981
39,951 2015
771,831
‐
728,528
43,303 2016
780,228
‐
739,419
40,809 2017
801,902
‐
759,522
42,380 2018
816,693
‐
773,772
42,921 2019
492,006
‐
460,778
31,228 2020
488,506
‐
460,778
27,727 2021
504,199
‐
474,356
29,843 2022
503,986
‐
471,488
32,498 2023
503,168
503 168
‐
473,166
473 166
30,002 30 002
2024
511,544
‐
483,119
28,425 2025
518,913
‐
486,206
32,707 2026
525,274
‐
493,366
31,909 2027
525,729
525 729
‐
494,597
494 597
31,132 31 132
2028
525,377
‐
495,003
30,374 $ 9,167,081
$ 94,221
$ 8,557,650
$ 515,210
$
$ 418 616
418,616
S U N N Y V A L E ,
Net Present Val e Sa ings
Savings
T X
12
Page 93
Savings Sensitivity 1
Current
Market Change (%) 0.80%
0.70%
0.60%
0.50%
0.40%
0.30%
0.20%
0.10%
0.00%
PV Savings (%) 3.668%
4.332%
5.006%
5.683%
6.357%
7.046%
7.747%
8.441%
9.133% 9.870%
256
302
349
396
443
491
540
588
PV Savings ($000)
PV Savings ($000)
637
‐0.10%
688
‐10
0
Interest Ratte Change
(basis points)
0
10
20
30
40
50
60
70
$0
$100
$200
$300
$400
$500
$600
$700
Present Value Savings ($000)
S U N N Y V A L E ,
80
T X
1 For
illustration and discussion purposes only.
13
Page 94
RETURN TO AGENDA
Town Secretary
☐ Consent
Town Council
Fiscal
Year25,
2012
- 2013
March
2013
☐ Public Hearing ☐ Presentation ☒ Discussion
☒ Action
Department: Administration
Subject: Tax Abatement Policy
Background:
Article 11.200 of the Sunnyvale Code of Ordinances establishes the Town’s tax
abatement policy. This policy was originally adopted in 1990. It has not been amended
since then. The 4A Board has recently reviewed the policy and has recommended that
the policy remain as is by a 4-0 vote. This policy needs to be renewed or amended
every two years. Staff concurs with the 4A Board recommendation that the policy be
renewed without amendment.
Dan Savage
Interim Town Manager
Page 95
RETURN TO AGENDA
RESOLUTION 13A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SUNNYVALE
REAFFIRMING AND APPROVING GUIDELINES AND CRITERIA FOR TAX ABATEMENT
AGREEMENTS, AND PROVIDING AN EFFECTIVE DATE.
Whereas, the Town Council has reviewed the guidelines and criteria for tax abatement
agreements set forth in sections 11.200, et seq., of the Code of Ordinances of the Town of
Sunnyvale, and determined them to be in the best interests of the Town of Sunnyvale and
its citizens, and further determined the existing guidelines and criteria should be reaffirmed,
as they promote the health, safety, and general welfare of the Town of Sunnyvale and its
citizens;
Now, therefore, BE IT RESOLVED by the Town Council of the Town of Sunnyvale, Texas,
as follows:
1. The Town Council re-adopts and re-affirms the guidelines and criteria for tax
abatement agreements by the Town of Sunnyvale, which are now codified in
sections 11.200, et seq., of the Code of Ordinances of the Town of Sunnyvale.
2. The Town of Sunnyvale continues to be eligible to participate in tax abatement.
3. This Resolution shall take effect immediately upon its passage by the Town
Council.
PASSED, ADOPTED AND APPROVED by the Town Council of the Town of
Sunnyvale, Texas, on this the 25th day of March, 2013 by vote of _______.
______________________________
Jim Phaup, Mayor
ATTEST:
__________________________________
Page 96
RETURN TO AGENDA
Town Secretary
☐ Consent
Town Council
Fiscal
Year25,
2012
- 2013
March
2013
☒ Action
Department: Community Development
Subject: Noise Nuisance Ordinance
Background:
The item herein represents a new noise ordinance that establishes noise level limits as
well as enforcement guidelines. Included are examples that have been established by
surrounding cities as well a noise level chart for reference. The dba limits listed within
the ordinance are based upon the surrounding cities; however, staff is seeking your
input on the final numbers.
Steve Gilbert
Building Official
Community Development Director
Page 97
RETURN TO AGENDA
TOWN OF SUNNYVALE TEXAS
ORDINANCE NO. 13-10
AN ORDINANCE OF THE TOWN OF SUNNYVALE TEXAS REPEALING SECTION 8.300 OF CHAPTER 8 OF
THE CODE OF ORDINANCE; PROVIDING FOR A NEW SECTION 8.300 NOISE NUISANCES; AS HEREIN
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED $500.00;
PROVIDING AN EFFECTIVE DATE.
Whereas, the Town Council of the Town of Sunnyvale believes it is in the best interest of the
Town to control or minimize nuisances made by noise; and,
Whereas, in order to assure that the health, safety, and general welfare of the citizens are
adequately preserved, it is believed that the changes to the Code of Ordinances set forth herein will be
in the interest of the public health, safety, and general welfare and will help to obtain the foregoing
objectives;
NOW THEREFORE BE IT ORDAINED, By the Town Council of the Town of Sunnyvale, Texas
Section 1. That the above recitals are found to be true and correct and are incorporated herein for all
purposes.
Section 2. That Chapter 8, Section 8.300 of the Code of Ordinances, Town of Sunnyvale, Texas, is hereby
amended to read as follows.
Article 8.300 Noise Nuisances
8.301 Intent
It shall be the intent of the Town to minimize exposure of citizens to the psychological and physiological
harm of excessive noise and to protect, promote, and preserve the public peace, health, comfort,
convenience, safety, and welfare. It is the intent of the Town to control noise in a manner that promotes
commerce, protects the sleep and repose of citizens, promotes the use, value, and enjoyment of
property, and preserves the quality of the environment.
8.302 Definitions
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning. All technical
terminology not defined in this article shall be interpreted in conformance with applicable American
National Standards Institute noise specifications.
Page 98
RETURN TO AGENDA
A-weighted sound pressure level means the sound pressure level in decibels as measured on a sound
level meter using the A-weighing network. The level so read shall be designed dBa.
Ambient sound level means the sound level of the all-encompassing sound associated with a given
environment, being usually a composite of sounds from many sources. It is also the A-weighted sound
level exceeded 90 percent of the time, based on a measurement period that shall not be less than ten
minutes or more than 30.
Decibel means logarithmic unit of measure used in describing the amplitude of sound, denoted as dB.
Device means any mechanism that is intended to produce, or which actually produces, noise when
operated or handled.
Director means the director of planning and environmental services for the city.
Emergency work means work made necessary to restore property to a safe condition following a public
calamity, work to restore public utilities, or work required to protect persons or property from an
imminent danger.
Motor vehicle means any vehicle propelled by mechanical power, such as, but not limited to, any
passenger car, truck, truck-trailer, semitrailer, camper, motorcycle, minibike, go-cart, dune buggy, or
racing vehicle.
Muffler means any apparatus consisting or baffles, chamber, or acoustical absorbing material whose
primary purpose is to transmit liquids or gases while causing a significant reduction in sound emission.
Noise means any sound that is unwanted or which causes, or tends to cause, an adverse psychological
effect on human beings.
Percentile sound pressure level means:
(1). Tenth percentile level: The A-weighted sound pressure level that is exceeded ten percent of the time
in any measurement period (such as the level that is exceeded for one minute in a ten-minute period).
(2). Ninetieth percentile level: The A-weighted sound pressure level that is exceeded 90 percent of the
time in any measurement period (such as the level that is exceeded for nine minutes in a ten-minute
period).
Person means any individual, firm, association, partnership, corporation, or any other entity, public or
private.
Property boundary means an imaginary line at the ground surface and its vertical extension that
separates the real property owned or occupied by one person from that owned or occupied by another
person.
Page 99
RETURN TO AGENDA
Sound means a temporal or spatial oscillation in pressure, or other physical quantity, in a medium with
internal forces that causes compression and rarefaction of that medium and which propagates at finite
speed to distant points.
Sound level means the weighted sound pressure level measured by the use of a metering characteristic
and weighted as specified in American National Standards Institute specifications. The sound pressure
level of a sound expressed in decibels is 20 times the logarithm to the base ten of the ratio of the
pressure of the sound to the reference sound pressure of 20 micropascals. If the frequency weighting
employed is not indicated, the A-weighting shall apply.
Sound level meter means as instrument, which includes a microphone, amplifier, RMS detector and
integrator, time averager, output meter, and weighting networks, that is sensitive to pressure
fluctuations. The instrument reads sound pressure levels when properly calculated with an acoustical
calibrator accurate to 1 dB and is Type 1 or Type II as specified in ANSI S 1.4-1971, or the latest approved
revision thereof.
Use district means those zoning districts established by the city zoning ordinance.
Vibration means a temporal and spatial oscillation or displacement, velocity, or acceleration in a solid
material.
Vibration perception threshold means the minimum ground or structure-borne vibrational motion
necessary to cause a person to be aware of the vibration by such direct means as, but not limited to,
sensation by touch or visual observation of moving objects.
8.303 Noise measurement generally
Sound level measurements shall be made with a sound level meter, type II or better, using the Aweighting network in accordance and conforming to the noise measurement standards promulgated by
the American National Standards Institute.
8.304 Limitations on environmental sound levels
(a) It shall be a violation of this article for any person to operate or to permit to be operated any
stationary sources of sound that create a 10th percentile level (L10) or a 90th percentile sound level (L90)
that exceeds the limits set forth in the following table for the receiving land use district when measured
five feet above the property boundary. For the purpose of this article a measurement period shall not be
less than ten minutes nor more than sixty minutes.
Page 100
RETURN TO AGENDA
Limiting sound levels in dba
Land use District
Tenth percentile (L10)
Ambient or Ninetieth percentile
(L90)
Residential
7:00 AM -10:00 PM
65
55
10:00 PM – 7:00 AM
60
50
7:00 AM – 10:00 PM
72
62
10:00 PM – 7:00 AM
67
57
7:00 AM – 10:00 PM
85
75
10:00 PM – 7:00 AM
85
75
Commercial/ Agricultural
Industrial
(b) It shall also be a violation of this article if the noise standards of subsection (a) of this section, plus 20
decibels are exceeded at any time in a measurement period. When a noise source can be identified and
its noise measured in more than one land use category, the limits of the most restrictive use shall apply
at the boundary and within the most restrictive land use category.
8.305 Specific noises prohibited
The following specific noises shall be prohibited:
1. Owning, keeping, possessing, or harboring any animal or fowl that, by frequent or habitual
noise-making, which unreasonably disturbs or interferes with the peace, comfort, and repose of
neighboring persons of ordinary sensibilities. The provisions of this subsection shall apply to all
public and private facilities, including any animal shelter or commercial kennel, that holds or
treats animals.
2. Operating or permitting to be operated any radio receiving set, musical instrument, television,
phonograph, drum, or other machine or device for the production or which unreasonably
Page 101
RETURN TO AGENDA
disturbs or interferes with the peace, comfort, and repose of neighboring persons of ordinary
sensibilities.
3. Operating or permitting to be operated any loudspeaker or sound-amplifying equipment in a
fixed or movable position mounted upon any street, alley, sidewalk, park, place, or public
property or which unreasonably disturbs or interferes with the peace, comfort, and repose of
neighboring persons of ordinary sensibilities.
4. The use of any automobile, motorcycle, streetcar, bus, or vehicle so out of repair or so loaded,
which emits or makes loud and raucous noise. Operating or causing to be operated any motor
vehicle unless the vehicle is equipped with an exhaust system which includes a tailpipe and
resonator where the original vehicle design included a tailpipe and resonator. Operating a motor
vehicle in such a manner as to cause or allow to be emitted squealing, screeching, or other such
sound from the tires in contact with the ground because of rapid acceleration or excessive
speed around corners or other such reason. The sounding of any horn or signal device on any
motor vehicle, except as a danger signal, as required by law. Operating or causing to be
operated any motor vehicle or which unreasonably disturbs or interferes with the peace,
comfort, and repose of neighboring persons of ordinary sensibilities.
5. The shouting and crying of peddlers, hawkers, and vendors or which unreasonably disturbs or
interferes with the peace, comfort, and repose of neighboring persons of ordinary sensibilities.
6. Operating or permitting to be operated any equipment used in commercial construction,
blasting, and repair, alteration, or demolition work on buildings, structures, streets, alleys, or
appurtenances measured on the property line of the receiving land use, or which unreasonably
disturbs or interferes with the peace, comfort, and repose of neighboring persons of ordinary
sensibilities.
7. Operating or permitting to be operated any power equipment in residential zones outdoors
between the hours of 10:00 p.m. and 7:00 a.m. the following day (or 9:00 a.m. on Sundays), or
which unreasonably disturbs or interferes with the peace, comfort, and repose of neighboring
persons of ordinary sensibilities.
8.
Using or causing the use of any device that creates vibration which is above the perception of
any individual or beyond the property boundary of the source, if on private property, or at 50
feet from the source, if on a public space or right-of-way.
9. The international sounding or permitting the sounding outdoors of any fire, burglar, or civil
defense siren, alarm, whistle, or similar stationary emergency signaling device for more than five
minutes during any consecutive 60-minutes period.
10. The mechanical cleaning or sweeping of paved areas.
Page 102
RETURN TO AGENDA
11. Sound amplification on vehicles.
a. No person shall cause, permit, or allow the operation of any radio, tape player, cassette
player, compact disc player, digital video player or any machine or device for
reproducing sound from or near a motor vehicle, other than an authorized emergency
vehicle, so that the sound can be heard at a radius distance of 50 feet or more from the
vehicle.
b. In the prosecution of an offense under this section, it shall be presumed that the
following persons are causing, permitting or allowing the operation of the sound
amplification system:
1. Any operator or owner of the vehicle present at the time of the offense;
2. An owner or tenant of the property present at the time of the offense; and
3. An absent owner or tenant who has not taken reasonable and prudent steps to
prevent violations of this article on the property upon which the violation occurred
by doing at least three of the following actions:
i.
Posting clearly visible signs and/or placards;
ii.
Providing written instructions to individuals using the property;
iii.
Filing noise complaints against offenders; or
iv.
Installing noise abatement equipment and/or structures.
c. If no owner or operator of any vehicle emitting sound in violation of this section is
present at the time of the offense, and the vehicle is not located on residential property,
the vehicle may be towed or removed from the premises and impounded.
8.306 Construction Work
Construction and construction related activities within the Town shall not begin earlier than 7:00am on
weekdays nor continue after dark. Construction on Saturday shall not begin before 8:00am nor continue
after dark and work on Sunday is prohibited without special permission. The construction related
activity includes but is not limited to the maintenance, servicing and fueling of construction equipment.
The delivery of construction related materials and/or equipment shall also be limited to the above noted
hours. It is the responsibility of the developer/contractor to use good judgment when scheduling work
in construction zones located in close proximity to residences, schools, churches businesses ect. This is
to ensure that citizens are not subjected to undesirable or excessive construction noise. At locations
where voluntary compliance is not being observed the Town of Sunnyvale may issue written stop work
orders or may also issue citations if it is determined that a violation of the ordinance exists.
Page 103
RETURN TO AGENDA
8.307 Special provisions (exemptions)
The following activities or sources are exempt
1. The operation of property maintained residential-type air conditioning, ventilating, or
heating devices (if within sound levels specified by the manufacturer or similar to sound
levels produced by equivalent, adjacent devices).
2. Sound caused in the performance of emergency or public service work including public
utility operations, acting to protect the health, safety, or welfare of the community.
3. The unamplified human voice in the normal course of residential activities, such as
children playing, etc.l
4. Railway locomotives and cars.
5. Aircraft operations.
6. Houses of worship bells or chimes
7. The emission of sound for the purpose of alerting persons to the existence of an
emergency, or the emission of sound in the performance of emergency work.
8. Occasional outdoor gatherings, public dances, parades, shows, and sporting and
entertainment events, provided that the events are conducted pursuant to a permit or
license issued by the city relative to the staging of the events.
9. The use of lawn maintenance equipment between the hours of 7:00 a.m. (9:00 a.m. on
Sundays) and 10:00 p.m.
10. Repair of a personal use vehicle between the hours of 7:00 a.m. (9:00 a.m. on Sundays)
and 10:00 p.m.
11. Home repair of a place of residence between the hours of 7:00 a.m. (9:00 a.m. on
Sundays) and 10:00 p.m.
12. Loading and unloading operations that impact residential areas, between the hours of
7:00 a.m. (9:00 a.m. on Sundays) and 10:00 p.m.
8.308 Enforcement responsibility
The Towns building inspection department shall have primary responsibility for the provisions of this
article.
8 .309 Inspection Authority
In order to implement and enforce this article, and for the general purpose of noise and vibration
abatement and control, the duly appointed and authorized representative of the department of building
Page 104
RETURN TO AGENDA
inspection under the direct supervision of the building official shall have the power to make necessary
inspections and tests with proper authorization or permission from the owner on any private or public
property or place reasonably suspected of violating any provision of this article.
Section 3. That it is the intent of the Town Council that each paragraph, sentence, clause phrase or
section of the ordinance be deemed severable and should any such paragraph sentence clause phrase or
section be declared invalid or unconstitutional for any reason, such declaration of invalidity or
unconstitutionality shall not be construed to affect the validity of those provisions of this ordinance left
standing with the validity of any code or ordinance as a whole.
Section 4. All ordinance and provisions of the Town of Sunnyvale, Texas, that are in conflict with this
ordinance shall be and the same are hereby repealed to the extent in conflict, and all ordinances and
provisions or ordinances of said Town not so expressly repealed are hereby retained in full force and
effect.
Section 5. Any person violating the provisions of this Ordinance shall be deemed guilty of a
misdemeanor and upon conviction be subject to a fine in accordance with the general provisions of the
Code of Ordinances.
Section 6. That this ordinance shall not take effect until after fifteen (15) calendar days from the date of
its publication and passage by the Town Council.
Passed and approved by the Town Council, Town of Sunnyvale, Texas, on the 25th day of March,
2013.
_____________________________
Mayor Jim Phaup
ATTEST:
___________________________________
Page 105
RETURN TO AGENDA
190
Heavy weapons, 10 m behind the weapon (maximum level)
dBA
180
Toy pistol fired close to ear (maximum level)
dBA
170 Slap on the ear, fire cracker explodes on shoulder, small arms
dBA at a distance of 50 cm (maximum level)
160
dBA
150
dBA
130
dBA
120
dBA
Hammer stroke on brass tubing or steel plate at 1 m distance,
airbag deployment very close at a distance of 30 cm (maximum level)
Hammer stroke in a smithy at 5 m distance (maximum level)
Loud hand clapping at 1 m distance (maximum level)
Whistle at 1 m distance, test run of a jet at 15 m distance
Threshold of pain, above this fast-acting hearing damage in short action is
possible
115
Take-off sound of planes at 10 m distance
dBA
Siren *) at 10 m distance, frequent sound level in discotheques and close
110
to loudspeakers at rock concerts, violin close to the ear of an orchestra
dBA
musicians (maximum level)
105 Chain saw at 1 m distance, banging car door at 1 m distance (maximum level),
dBA racing car at 40 m distance, possible level with music head phones
100
Frequent level with music via head phones, jack hammer at 10 m distance
dBA
95 dBA Loud crying, hand circular saw at 1 m distance
90 dBA Angle grinder outside at 1 m distance
Over a duration of 40 hours a week hearing damage is possible
85 dBA 2-stroke chain-saw at 10 m distance, loud WC flush at 1 m distance
Very loud traffic noise of passing lorries at 7.5 m distance,
80 dBA
high traffic on an expressway at 25 m distance
75 dBA Passing car at 7.5 m distance, un-silenced wood shredder at 10 m distance
70 dBA Level close to a main road by day, quiet hair dryer at 1 m distance to ear
65 dBA Bad risk of heart circulation disease at constant impact is possible
60 dBA Noisy lawn mower at 10 m distance
Low volume of radio or TV at 1 m distance, noisy vacuum cleaner at
55 dBA
10 m distance
50 dBA Refrigerator at 1 m distance, bird twitter outside at 15 m distance
45 dBA Noise of normal living; talking, or radio in the background
40 dBA Distraction when learning or concentration is possible
35 dBA Very quiet room fan at low speed at 1 m distance
25 dBA Sound of breathing at 1 m distance
0 dB Auditory threshold
Page 106
RETURN TO AGENDA
Examples from surrounding Cities
City
Residential
Commercial
/Agricultural
Industrial
Rowlett
D65/ N60
D72/N67
D85/N85
Rockwall
D65/N60
D72/N67
D85/N85
Garland
D65/N60
D72/N67
D85/N85
Mesquite
D52/62
D67/N62
D70/N70
Page 107
RETURN TO AGENDA
Town Secretary
☐ Consent
Town Council
Fiscal
Year25,
2012
- 2013
March
2013
☒ Action
Department: Finance
Subject: Finance Assistant Position
Background:
The Fiscal Year 2012-2013 budget includes a full time financial assistant position. This
position has evolved over time. It started under the previous Director of Finance as a
part-time, professional position. When Liz Hopkins was promoted to Director of Finance,
the position was changed to a full time clerical position. In the Fiscal Year 2012-2013
budget prearation process, the position was submitted as a full0time regular employee
position. Liz Hopkins never received confirmation that the Town Council endorsed that
change. As a result, the employee has been compensated as a contract employee.
This needs to be addressed. My recommendation is that you approve a motion
acknowledging that the Finance Assistant position is a regular, full-time position and
that the employee is entitled to all of the regular employee benefits.
Dan Savage
Interim Town Manager
Page 108
RETURN TO AGENDA
Town of Sunnyvale
Town Council Staff Report
Meeting Date:
Department: Non-Departmental
Item Number:
Consent
Discussion
Action
Public Hearing
Subject:
4B Park Reservation Forms
On March 5, 2013, 4B Board considered and approved a revised reservation application for the playing fields and park facilities at
Town Center Park, Jobson Park and Vineyard Park. Attached are two application forms that were approved, one for Town Center
Park and a second form for Jobson and Vineyard Parks.
The revisions to the forms were mainly to establish a fee for non-residents use of the fields or facilities. Residents would be allowed
to use the sports fields at no cost as long as they demonstrated that the majority of the team were Sunnyvale residents. Other items
modified included the only one reservation per week and the time for period being limited to two hours.
Page 109
RETURN TO AGENDA
SUNNYVALE RESERVATION APPLICATION
TOWN CENTER PARK
DATE: ______________________________________
APPLICANT: ____________________________________________________________________________
MAILING ADDRESS: ___________________________________________________________________
HOME PHONE/CELL PHONE: ________________________________/______________________
WORK PHONE: ________________________________________________________________________
EMAIL ADDRESS: _____________________________________________________________________
DATE FOR PARK AMENITY TO BE RESERVED: ____________________________________
START TIME: _________________________ END TIME: __________________________________
MAIN PAVILLION
#1 ___________
TENNIS COURT #1 ___________________
WATERS EDGE GAZEBO #3 ____________
BASKETBALL COURT ________________
WATERS EDGE GAZEBO #2 ___________
*****PLEASE NOTE *****
TENNIS COURT #2 ___________________
FOR SUNNYVALE RESIDENTS: A SECURITY DEPOSIT MUST ACCOMPANY RESERVATION
APPLICATION AT A RATE OF $75.00 FOR MAIN PAVILLION #1 AND A SECURITY DEPOSIT AT A
RATE OF $30.00 EACH FOR WATERS EDGE GAZEBO #2 & WATERS EDGE GAZEBO #3. TENNIS AND
BASKETBALL COURTS DO NOT REQUIRE SECURITY DEPOSIT.
FOR NON-SUNNYVALE RESIDENTS: A RESERVATION FEE OF $150.00 MUST ACCOMPANY
RESERVATION APPLICATION FOR THE MAIN PAVILLION. THIS FEE CONSISTS OF A $75.00
DOLLAR NON-REFUNDABLE USAGE FEE AND A $75.00 DOLLAR REFUNDABLE SECURITY DEPOSIT.
A RESERVATION FEE FOR EITHER WATERS EDGE GAZEBO #2 OR #3 IS $60.00 DOLLARS WHICH
CONSISTS OF A $30.00 DOLLAR NON-REFUNDABLE USAGE FEE AND A $30.00 SECURITY DEPOSIT
RENTAL PURPOSE: ___________________________________________________________________
*BY SIGNING THIS APPLICATION APPLICANT AGREES TO THE FOLLOWING:
1. APPLICANT SHALL AT ALL TIMES COMPLY WITH THE PARK RESERVATION POLICY AS SET
FORTH BELOW. APPLICANT ACKNOWLEDGES HAVING READ THIS POLICY.
2. APPLICANT SHALL FORFEIT THE SECURITY DEPOSIT, IN WHOLE OR PART TO THE TOWN OF
SUNNYVALE AS DETERMINED BY THE SUNNYVALE DIRECTOR OF PARKS WHERE POLICIES FOR
PARK USE WERE NOT FOLLOWED.
3. RESIDENT MUST BE IN ATTENDANCE AT FUNCTION OR DEPOSIT WILL BE FORFEITED.
Page 110
RETURN TO AGENDA
4. A DEPOSIT, AS DEFINED ABOVE, MUST BE SUBMITTED WITH APPLICATION FOR A
RESERVATION TO BE ACCEPTED BY TOWN STAFF AND SCHEDULED. ALL SCHEDULED EVENTS
WILL BE POSTED BOTH AT TOWN HALL AND IN AN EVENT BOX AT TOWN CENTER PARK
5. TRASH MUST BE GATHERED AND PLACED AT THE TRASH RECEPTICALS PLACED IN THE PARK.
ANY CLEANUP OR EXESSIVE CLEANING AT THE END OF A RESERVATION BY THE TOWN STAFF
WILL CAUSE FORFIETURE OF THE SECURITY DEPOSIT.
In consideration of the Town of Sunnyvale’s acceptance of this reservation application, Applicant
and Applicant’s heirs, executors, administrators and assigns, forever release and discharge the
Town of Sunnyvale and any and all public officials, directors, officers, employees, and agents of the
Town of Sunnyvale (the “Town of Sunnyvale, et al”), from any and all liability, claims, demands or
causes of action that Applicant and/or attendees of Applicant’s event may hereafter have for
injuries, death, or damage resulting from participating in the meeting and/or event at Town Center
Park for which this reservation is made. Applicant attests and verifies that Applicant assumes the
risk of death or injury and that Applicant assumes and will pay medical and emergency expenses in
the event of an accident, illness or other incapacity, regardless of whether Applicant has authorized
such expenses. Applicant further agrees that Applicant WILL NOT SUE OR MAKE CLAIM AGAINST
the Town of Sunnyvale, et al for damage or losses sustained as a result of activities directly or
indirectly related to the use of Town Center Park. Applicant also AGREES TO PROTECT, DEFEND,
IDEMNIFY AN DSAVE AND FOREVER HOLD HARMLESS the Town of Sunnyvale, et al from all claims,
lawsuits, judgments and costs, including but not limited to, attorneys’ fees, to reimburse them from
any expenses whatsoever incurred in connection with any action resulting from the use of Town
Center Park, EVEN IF SUCH DAMAGES OR LOSSES ARE CAUSED BY THE NEGLEGENCE, STRICTYLY
LIABLE ACT OR OMMISSION OR OTHER FAULT OF THE TOWN OF SUNNYVALE, ET AL OR THE
PUBLIC OFFICIALS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS OF SUCH TOWN OF
SUNNYVALE, ET AL. The provisions of this paragraph are solely for the benefit of the parties hereto
and not intended to create or grant any rights, contractual or otherwise, to any other person or
entity.
APPLICANT: _____________________________________________________________________________
Page 111
RETURN TO AGENDA
SUNNYVALE RESERVATION APPLICATION
JOBSON AND VINEYARD PARKS
DATE: ______________________________________
APPLICANT: ____________________________________________________________________________
MAILING ADDRESS: ___________________________________________________________________
HOME PHONE/CELL PHONE: ________________________________/______________________
WORK PHONE: ________________________________________________________________________
EMAIL ADDRESS: _____________________________________________________________________
DATE FOR PARK AMENITY TO BE RESERVED: ____________________________________
START TIME: _________________________ END TIME: __________________________________
JOBSON PARK
BALL DIAMOND #1 ____________________
SOCCER FIELD #1 ____________________
BALL DIAMOND #3 ___________________
SOCCER FIELD #3 ___________________
BALL DIAMOND #2 ___________________
BALL DIAMOND #4 ___________________
SOCCER FIELD #2 ___________________
VINEYARD PARK
SOCCER FIELD #1 ___________________
T-BALL FIELD #1 ___________________
SOCCER FIELD #2 ___________________
T-BALL FIELD #2 ___________________
*****PLEASE NOTE THAT A NON-REFUNDABLE FEE OF 20.00 PER TWO HOUR RESERVATION
MUST ACCOMPANY RESERVATION APPLICATION AT TIME OF SUBMITTAL FOR EACH AMENITY
AT SAID PARK.
*BY SIGNING THIS APPLICATION APPLICANT AGREES TO THE FOLLOWING:
1. APPLICANT SHALL AT ALL TIMES COMPLY WITH THE PARK RESERVATION POLICY AS SET
FORTH BELOW. APPLICANT ACKNOWLEDGES HAVING READ THIS POLICY.
2. FEE STRUCTURE: A 20.00 NON-REFUNDABLE, FEE IS DUE AT TIME OF APPLICATION TO BE
ACCEPTED BY TOWN STAFF AND SCHEDULED AS AN ACTUAL RESERVATION. ALL SCHEDULED
RESERVATIONS WILL BE POSTED BOTH AT TOWN HALL AND IN AN EVENT BOX AT RESPECTIVE
PARK.
Page 112
RETURN TO AGENDA
*** THERE IS NO CHARGE FOR “REGISTERED SUNNYVALE TEAMS” OR MEMBERS OF SUNNYVALE
YOUTH ORGANIZATION. FOR A TEAM TO BE REGISTERED WITH THE TOWN OF SUNNYVALE,
THERE MUST BE A MAJORITY, (APPROXIMATELY 75%) OF TEAM MEMBERS WHO RESIDE IN
SUNNYVALE AND ARE ON FILE AT SUNNYVALE TOWN HALL. TO BE CONSIDERED A MEMBER OF
SUNNYVALE YOUTH ORGANIZATION, YOU MUST BE REGISTERED WITH SAID ORGANIZATION
AND IN GOOD STANDING
3. ALL RESERVATIONS ARE TAKEN ON A FIRST COME FIRST SERVE BASIS
4. RESERVATION TIMES ARE ON EVEN HOURS ONLY (2, 4, 6, ETC).
5. ONLY ONE RESERVATION PER WEEK AND ONLY ONE RESERVATION AT A TIME
6. TRASH MUST BE GATHERED AND PLACED AT THE TRASH RECEPTICALS PLACED IN THE PARK.
ANY CLEANUP OR EXESSIVE CLEANING AT THE END OF A RESERVATION TIME BY THE TOWN
STAFF OR NEXT RESERVING GROUP MAY RESULT IN ADDITIONAL CHARGES AT TIME OF NEXT
RESERVATION OR DENIAL OF ANY FUTURE RESERVATION FOR YOUR GROUP.
In consideration of the Town of Sunnyvale’s acceptance of this reservation application, Applicant
and Applicant’s heirs, executors, administrators and assigns, forever release and discharge the
Town of Sunnyvale and any and all public officials, directors, officers, employees, and agents of the
Town of Sunnyvale (the “Town of Sunnyvale, et al”), from any and all liability, claims, demands or
causes of action that Applicant and/or attendees of Applicant’s event may hereafter have for
injuries, death, or damage resulting from participating in the meeting and/or event at JOBSON OR
VINEYARD PARKS for which this reservation is made. Applicant attests and verifies that Applicant
assumes the risk of death or injury and that Applicant assumes and will pay medical and emergency
expenses in the event of an accident, illness or other incapacity, regardless of whether Applicant has
authorized such expenses. Applicant further agrees that Applicant WILL NOT SUE OR MAKE CLAIM
AGAINST the Town of Sunnyvale, et al for damage or losses sustained as a result of activities
directly or indirectly related to the use of Town Center Park. Applicant also AGREES TO PROTECT,
DEFEND, IDEMNIFY AN DSAVE AND FOREVER HOLD HARMLESS the Town of Sunnyvale, et al from
all claims, lawsuits, judgments and costs, including but not limited to, attorneys’ fees, to reimburse
them from any expenses whatsoever incurred in connection with any action resulting from the use
of JOBSON OR VINEYARD PARKS, EVEN IF SUCH DAMAGES OR LOSSES ARE CAUSED BY THE
NEGLEGENCE, STRICTYLY LIABLE ACT OR OMMISSION OR OTHER FAULT OF THE TOWN OF
SUNNYVALE, ET AL OR THE PUBLIC OFFICIALS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS
OF SUCH TOWN OF SUNNYVALE, ET AL. The provisions of this paragraph are solely for the benefit
of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any
other person or entity.
APPLICANT: _____________________________________________________________________________
Page 113
RETURN TO AGENDA
Town Secretary
☐ Consent
Town Council
Fiscal
Year25,
2012
- 2013
March
2013
☒ Action
Department: Library
Subject: Little Free Libraries
Background:
The Library is interested in beginning a program called Little Free Libraries. The
program involves the Library setting up small birdhouse-shaped libraries where
individuals can borrow books, but must exchange a book of their own. The Library has
already received donations in the way of materials and labor to construct their own Little
Free Library, and would like Council approval to place the first Little Free Library in
Town Center Park.
Leslie Malone
Town Secretary
Page 114
RETURN TO AGENDA
Sunnyvale Little Free Library
Under Construction
Page 115
RETURN TO AGENDA
Page 116
RETURN TO AGENDA
Page 117
RETURN TO AGENDA
Town Secretary
☐ Consent
Town Council
Fiscal
Year25,
2012
- 2013
March
2013
☒ Action
Subject: Citizen Committee on Future Public Building Needs
Background:
This item was requested at the February 25, 2013, Town Council Meeting. The Council
indicated interest in having a citizen committee study future public building needs to
include Fire, Police Services, and Library.
Leslie Malone
Town Secretary
Page 118
RETURN TO AGENDA
Town Secretary
☐ Consent
Town Council
Fiscal
Year25,
2012
- 2013
March
2013
☒ Action
Subject: Consider Hiring a Recruiting Firm for Town Manager position
Background:
This item was requested by Mayor Phaup and will be discussed further Monday night.
Leslie Malone
Town Secretary

Town Council SPECIAL MEETING 6:0O PM Town

Transcription

Similar documents

71 The Essex County seat, Tappahannock, is finally coming into its

Official Zoning Map - Town of Carlton Landing

Click to

pPRINCIPALES CURIOSITES EN LANGUEDOC ROUSSILON

here

TOLEDO- SPAIN

parathom - Stillwaters Law Firm

PDF/A

Thoroughfare Map - Town of Carlton Landing

Kings Community Economic Development Agency