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R-98-11-12-10F3 - 11/12/1998k: \WPOOCS \RESOLOTI \R,1112F3.WPO /j kg Y RESOLUTION NO. R- X18- 11- 12 -10F3 WHEREAS, Article 7, Section 7.01(a) of the City of Round Rock Charter provides that qualified voters of the City shall have the power of initiative to propose certain ordinances to the City Council and, if the City Council does not adopt an ordinance so proposed, then to adopt or reject same at an election; and WHEREAS, pursuant to such cited section of the Charter, an initiative ordinance to approve the expenditure of hotel occupancy taxes for a multi - purpose facility /baseball stadium was so proposed; and WHEREAS, a copy of said proposed initiative petition is attached hereto as Exhibit "A" and incorporated by reference for all purposes; and WHEREAS, Article 7, Section 7.06 of the City of Round Rock Charter requires that the City Council either adopt the proposed initiative ordinance or call an election on the proposed initiative ordinance; and WHEREAS, on August 27, 1998 the City Council passed Ordinance No. G- 98- 08- 27 -9A1 calling an election on the proposed initiative ordinance; and WHEREAS, a copy of said ordinance is attached hereto as Exhibit "B" and incorporated by reference for all purposes; and WHEREAS, said election was duly held on November 3, 1998, with 8,560 (728) voting in favor of the proposed ordinance; and WHEREAS, the results of said election were duly canvassed and declared official by the City Council on November 6, 1998; and WHEREAS, Article 7, Section 7.08 of the City of Round Rock Charter states, °If a majority of the registered electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the City Council. "; Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor and City Council hereby accept and acknowledge adoption, by majority vote of the registered electors of Round Rock voting in the special election of November 3, 1998, of the previously- referenced initiative ordinance attached hereto as Exhibit "A ". The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. RESOLVED this 12th day of November, 1998. / /P CHARLES CULPBPPER, Mayor City of Round Rock, Texas ATTEST: Al .II / J/ a ,� NE LAND, City Secretary 2 } AFFAVIT TO COMMENCE INITIATIVE PROCEEDINGS The undersa. ed tefr 1 qualified voters of the City of Round Rock hereby state t at they will constitute the petitioners' committee and be responsible for circulating the initiative petition and for filing it in proper form, all pursuant to Article 7 of the Round Rock City Charter. WHEREAS, baseball legend Nolan Ryan, his son Reid Ryan and his business partner, Don Sanders have purchased the Jackson Generals Double A minor league baseball team ( "the Team ") and have publicly announced their desire to relocate the Team to the City of Round Rock; and WHEREAS, the Round Rock City Council has developed a proposal to construct a Multi- Purpose Convention Complex that would include a Baseball Stadium suitable for the Team, as well as needed convention, exhibition, and meeting rooms ( "the Facility "); and and AN ORDINANCE APPROVING THE EXPENDITURE OF HOTEL OCCUPANCY TAX FOR A MULTI- PURPOSE FACILITY/BASEBALL STADIUM THAT: EXHIBIT "A" The proposed initiative ordinance is set out in full as follows: WHEREAS, the Facility would be paid for from Hotel Occupancy Taxes and revenues from the Facility; WHEREAS, pursuant to the terms and provisions of the Round Rock City Charter, a sufficient number of the qualified voters of the City have petitioned the City Council to call for an election to approve the following ordinance specifically authorizing the expenditure of Hotel Occupancy Tax for the construction of the above described Facility; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, Section 1. Expenditure and Pledge. The City Council of the City hereby finds that the expenditure of the Hotel Occupancy Tax, in accordance with Chapter 351 of the Texas Tax Code, for the acquisition, construction, equipment, improvement, enlargement, operation, financing, operation, maintenance and management of the Facility and related infrastructure is in the best interest of the citizens of Round Rock. The City Council further finds that the expenditure and pledge of such Hotel Occupancy Tax and such other sources as identified and acceptable to the City, to acquire, construct, equip, renovate, enlarge, improve, operate, manage and maintain the Facility and related infrastructure and to the payment of the principal, interest and premium, if any, of bonds or other obligations to be issued in order is the most advantageous method of providing and financing such Facility. Section 2. Issuance of Bonds or Other Obligations. The City Council is hereby authorized to issue bonds or other obligations in one or more series for the acquisition, construction, equipment, improvement, enlargement, operation, renovation, maintenance and management of the Facility payable from and secured by such sources as identified and acceptable to the City including specifically the Hotel Occupancy Taxes of the City lawfully available to be pledged to the payment of bonds or other obligations. Section 3. Prohibition Against Use of City Ad Valorem and Sales Taxes. Regardless of anything contained in this ordinance to the contrary, the City Council is hereby prohibited from using City ad valorem taxes or sales taxes for the financing or refinancing of the Facility, unless such is approved by the voters of the City at an election held for such purpose. 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(w.Pke..1s (Street Address) Round Rock, Texas s ly,(,( e ti. 5-12- 3Z8 -2gTSo (Telephone) S I /-6 V K)NG 60s pEFZ Fehr ►love (Street Address) Round Rock, Texas 78644 (Signature (Printed name) .S)Z lSS- 3369 (Telephone) 5 5 i 39 a . i (Signature 0 4 . /S/Y2' (Printed name) .,i_ = 7Zil . :/[i (Street Address) Round Rock, Texas -?S_ -3 (Telephone) (Signature (Printed name) (Street Address) Round Rock, Texas (Telephone) (Signature (Printed name) (Street Address) Round Rock, Texas (Telephone) (Signature (Printed name) (Street Address) Round Rock, Texas (Telephone) (Signature (Printed name) (Street Address) Round Rock, Texas (Telephone) (Signature (Printed name) (Street Address) Round Rock, Texas (Telephone) (Signature (Printed name) (Street Address) Round Rock, Texas (Telephone) 5-573g re (Signature Woo( (Printed name) f Z-O3 Mil ►4 IL4e o0.0 (Street Address) Round Rock, Texas 71 (Telephone) 7.144- 7-7—(40 1/l� (Signature )4Ag:„„„ (Printed name) /908 .5�i groat Crc%. (Street Address) Round Rock, Texas 7868/ 5/2 255 -9690 (wv,k ) (Telephone) 5/2 • 2441 - 7666 «o -.} 0z.,r Q . Q (Signature i41o4.e.1 /4 • K 14 814 CA ) /1.5 ,617N %-•fil 1,4 • Round Rock, Texas 7}?b '/ .57 S71 1Sr- aso (w) Round Rock, Texas 9 - 244 - 7l Round Rock, Texas (Printed name) (Street Address) (Telephone) (Signature (Printed name) (Street Address) (Telephone) (Printed name) Street Address) (Signature (Printed name) (Street Address) (Telephone) /3z //0 8 383 9 STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and (sworn to before me by 64.44A/k 6C4iQ.i&his day of August, 1998. DAWN SCHWETER Notary Public, State at Texas G MyComnissbe&PrN SEPT.12, 2000 STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and sworn to before me by day of STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and sworn to before me by day of August, 1998. DAWNSCHWETER Notary Public, State of Texas My Commisaba Expires SEPT. 12, 2000 w DAWN 8CHWETER Notary Pubt1 , but. N Tfan. M CmrNwba IsOrn SEPT.12 2000 STATE OF TEXAS COUNTY OF WILLIAMSON /J Subscribed and sworn to before me by A I day of August, 1998. "S DAWN SCHWETER Notary Public, State of Taxes My Commission Expires SEPT.12, 2000 /(/107e, this 3 Notary Public Notary Public this .3 Notary Public k1 this 3 STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and sworn to before me by day of August STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and sworn to before me by e47,7 day of Augu STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and sworn to before me by P-/ CL . f'\. KG`,,ttZ this 3 day of August, 1998. STATE OF TEXAS COUNTY OF WILLIAMSON ..;174 DAWN SCHWETER Notary Public, State of Texas My Commission Expires SEPT. 12, 2000 l DAWN SCHWETER Notary Public, State of Texas My Commission Expires .'«' SEPT. 12, 2000 Subscribed and sworn to before me by day of August, 1998. DAWN SCHWETER It Notary Public, State of Texas 0 My Conunlssbn Wes \.,,.• SEPT. 12, 2000 otary Public Notary Public ALA ary Public 9 this this 7 f d0.(Js L bw.& this otary Public STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and sworn to before me by giarnAth £ h s'1 /this 2 day of August, 1998. DANNSCHMTER nm tl� No Garywbx,stal.txraxae I CeiflaIO. EVres a..� SEPT. 12, 2000 STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and sworn to before me by day of August, 1998. DAWN SCHWETER Notary PublIc. State of Texas My Coaled n Expbea SEPT. 12, 2000 STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and sworn to before me by day of August, 1998. DAWN SCHWETER Notary Public, State of Texas My Cear deelon Eekea SEPT.12, 2000 Notary Public STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and sworn to before me by /° ��/J//JJ (s 0 / ✓sd'7t this 3 day of August, 1998. DAWN SCHWETER Notary Public, Stele dTatee My Ctxnmbebn EJMee SEPT 12,2000 Notary Public Notary Public —7)/ this_ STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and sworn to before me by day of August, 1998. STATE OF TEXAS COUNTY OF WILLIAMSON Win[ Subscribed and sworn to before me by �T. /I aM day of August, 1998. STATE OF TEXAS COUNTY OF WILLIAMSON DAWN SCHWETER Notary Public, State olTeoas My Commission Expires SEPT. 12, 2000 Subscribed and sworn to before me by day of August, 1998. STATE OF TEXAS COUNTY OF WILLIAMSON DAWN SCHWETER Notary Public, Slate of Texas My Commission Expires SEPT. 12,2000 Subscribed and sworn to before me by day of August, 1998. DAWN SCHWETER Notary Public, State of Texas MY Commission EPtres SEPT. 12, 2000 Notary Public A/ 4 fittgtvdet this 3 N.t ary Public STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and sworn to before me by day of August, 1998. STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and sworn to before me by day of August, 1998. STATE OF TEXAS COUNTY OF WILLIAMSON DAWN SCHWETER Notary Public, State of Texas My Comnistion Expires SEPT.12,2000 Subscribed and sworn to before me by day of August, 1998. OP it DAWN SCHWETER Notary Public, State of Texas My OnWeSlon Esgres SEPT. 12, 2000 STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and sworn day of August, 1998. DAWN SCHWETER Notary Public. State of Texas *Commission Expires SEPT.12, 2000 .h.Q.d e. -6d this 3 Notary Public Notary Public to before me by Taa / 1 5/j 4 - this 3 v Notary Public this STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and sworn to before me by , . this - day of August, 1998. 1,P4441441 1 DAWN SCHWETER Notary Public, State of Texas My Commission Expires SEPT. 12, 2000 Subscribed and sworn to before me by day of August, 1998. STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and sworn to before me by JitA 6. 1 this 3 day of August, 1998. STATE OF TEXAS COUNTY OF WILLIAMSON STATE OF TEXAS COUNTY OF WILLIAMSON DAWN SCHWETER Notary Public, State of Texas My Commission Es*es SEPT. 12, 2000 Subscribed and sworn to before me by day of August, 1998. DAWN SCHWETER Notary Public, State of Texas IwyCormissImapires • Notary Public Notary Public Notary Public tary Public this —3 STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and sworn to before me by kid aiK-) day of August, 1998. STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and sworn to before me by day of August, 1998. ' ' DAWN SCHWETER fit• • Notary Public, State of Tama My Commission Expires o. ••' SEPT. 12, 2000 DAWN SCHWETER Notary Public, State of Texas +.• My SEPT. 12, 20 E0 s 00 SEPT. 00 STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and sworn to before me by day of August, 1998. t � DAWNSCHWETE Notary Pubt c State of Texan My OAMsston Exptree 8E1 2M this 3 Notary Public 4this 3 ey6,* Notary Public STATE OF TEXAS COUNTY OF WILLIAMSON atjthi Subscribed and sworn to before me by /4 /7 day of August, 1998. Notary Public Notary Public STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and sworn to before me day of August, 1998. DAWN SCHWEfER .1 Nahry Pubue, Smh orrem / - 1 ANCamisslonEo$es 12. 2000 STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and sworn to before me by day of August, 1998. DAWNSCHWETER Notary Public. State of Texas My Ca imjs3loa Expires SEPT. 12, 2000 STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and sworn to before me by day of August, 1998. DAWN SCHWETER Notary Public, Stele of Texas My Commluion Explres SEPT. 12. 2000 STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and sworn to before me by day of August, 1998. Notary Public Notary Public Notary Public this Notary Public this STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and sworn to before me by C s 4 1 v 4 woe., /=F this 1 4 day of August, 1998. .0 MARY A. KUBACAK • oi: ,M Na ycommu eO T.eS MycemYWMEN ., APRIL 26, 2002 STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and sworn to before me by lln A. Ifk3a=h this J f � day of August, 1998. STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and sworn to before me by day of August, 1998. NONA K ADAM Notary Public Stale of Texas My Commission bgitc MAY 8 2001 STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and sworn to before me day of August, 1998. Notary tic Rat y /4 . /Ctv�f�/f/C this °z Notary Public bya t 11 f( this 1 I v :1■n !• 7�.V Notar STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and sworn to before me by J Crt)A11 FEC. SCd iT this day of August, 1998. STATE OF TEXAS COUNTY OF WILLIAMSON Subscribed and sworn to before me by this day of August, 1998. STATE OF TEXAS COUNTY OF WILLIAMSON STATE OF TEXAS COUNTY OF WILLIAMSON Nota Public Notary Public Subscribed and sworn to before me by this _ day of August, 1998. Notary Public Subscribed and sworn to before me by this day of August, 1998. Notary Public WHEREAS, an initiative ordinance proposed by Charles H. Fishbeck, Gail Hester, Danny R Thompson, Mike Heiligenstein, Nicole Ryan, Aaron Hees, Patricia M. Kautz, Joseph Edwards Lehane, Tamako Urbanski, Mike Robinson, John S. Moman, Fred D. Nettle, Mark E. Gold, A. William Waeltz, Clarence J. Kellerman, T. Nyle Maxwell, Emest E. Gordon, John J. Manbeck, Jr., Terry Hutchens, Rod Morgan, Bobby Earl Bitner, Jr., Franklin Baker, Charles Culpepper, Judy L. McLeod, Reid Ryan, Thomas C. Nielson, Erik A. Ulland, Carolyn Nielson, Phil Brewer, Glenn King, Joyce A. King, Claire Wolff, Keith A. Hickman, Mary A. Kubacak, and Whitney Turner has been presented to the City Secretary of the City of Round Rock, Texas; and WHEREAS, a copy of said initiative petition is attached hereto as Exhibit "A" and incorporated herein by reference for all purposes; and WHEREAS, said initiative petition has been certified sufficient by the City Secretary and such certification is a final determination as to the sufficiency of the petition; and WHEREAS, City Charter §7.06 requires that the City Council, within sixty days after the date an initiative petition has been finally determined sufficient, shall either (1) adopt the proposed initiative ordinance without any change in substance or (2) call an election on the proposed ordinance; Now Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT: R:\ NPDOCS \OBDIMANC \08082,111.MPD/jkg EXHIBIT "B" ORDINANCE NO. v- !e- V O- p T I- g r 1 I AN ORDINANCE CALLING A SPECIAL ELECTION ON THE INITIATIVE ORDINANCE PROPOSED BY CHARLES H. FISHBECK, GAIL HESTER, DANNY R. THOMPSON, MIKE HEILIGENSTEIN, NICOLE RYAN, AARON HEES, PATRICIA M. KAUTZ, JOSEPH EDWARDS LEHANE, TAMAKO URBANSKI, MIKE ROBINSON, JOHN S. MOMAN, FRED D. NETTLE, MARK E. GOLD, A. WILLIAM WAELTZ, CLARENCE J. KELLERMAN, T. NYLE MAXWELL, ERNEST E. GORDON, JOHN J. MANBECK, JR., TERRY HUTCHENS, ROD MORGAN, BOBBY EARL BITNER, JR., FRANKLIN BAKER, CHARLES CULPEPPER, JUDY L. McLEOD, RED) RYAN, THOMAS C. NIELSON, ERIK A. ULLAND, CAROLYN NIELSON, PHIL BREWER, GLENN KING, JOYCE A. KING, CLAIRE WOLFF, KEITH A. HICKMAN, MARY A. KUBACAK, AND WHITNEY TURNER, SAID INITIATIVE ORDINANCE APPROVING THE EXPENDITURE OF HOTEL OCCUPANCY TAX FOR A MULTI- PURPOSE FACILITY / BASEBALL STADIUM. 1. A special election on a proposed initiative ordinance shall be held in conjunction with the general election on Tuesday, November 3, 1998. The City of Round Rock hereby designates the election precincts and polling places designated by John Willingham, Williamson County Elections Administrator, and approved by the Williamson County Commissioners Court, for such election. Further, the City of Round Rock hereby designates the early voting polling places and the temporary voting polling places designated by John Willingham, Williamson County Elections Administrator, and approved by the Williamson County Commissioners Court, for such election. 2. For voters in that portion of the City of Round Rock located in Travis County which lies on the west side of I35, the election precinct and polling place designated by John Willingham, Williamson County Elections Administrator, is Bluebonnet Elementary, 1010 Chisolm Valley Drive, Round Rock, Texas, and/or as otherwise designated in writing by John Willingham, Williamson County Elections Administrator. For voters in that portion of the City of Round Rock located in Travis County which lies on the east side of I35, the election precinct and polling place designated by John Willingham, Williamson County Elections Administrator, is Fellowship at Forest Creek Church, 3379 Gattis School Road, Round Rock, Texas, and/or as otherwise designated in writing by John Willingham, Williamson County Elections Administrator. 3. For such election, the City of Round Rock hereby appoints the election judge(s) and alternate election judge(s) appointed by Williamson County, Texas and designated by John Willingham, Williamson County Elections Administrator. 4. Early voting shall be conducted by personal appearance and by mail at the following places: Round Rock Community Center, 205 East Main Street, Round Rock, Williamson County Texas 78661, and at and /or at such other places as shall be designated in writing by John Willingham, Williamson County Elections Administrator, and approved by the Williamson County Commissioners Court. During the period in which early voting is required or permitted by law, that being October 17, 1998 through October 30, 1998, the hours designated for early voting by personal appearance shall be as follows, and/or as otherwise designated in writing by John Willingham, Williamson County Elections Administrator, and approved by the Williamson County Commissioners Court: Saturday Sunday Monday - Friday Saturday Sunday Monday - Friday October 17, 1998 October 18, 1998 October 19 - 23, 1998 October 24, 1998 October 25, 1998 October 26 - 30, 1998 2 Noon to 5:00 P.M. Noon to 5:00 P.M. 8:00 A.M. to 5:00 P.M. 7:00 A.M. to 7:00 P.M. Noon to 5:00 P.M. 7:00 A.M. to 7:00 P.M. Early voting clerks shall keep the early voting places open during all such hours for early voting by personal appearance. The Early Voting Clerk and manager of the central counting station shall be John Willingham, Williamson County Elections Administrator, and he shall appoint additional clerks as necessary to assist in early voting. 5. An early ballot board is hereby created to process early voting results, and is hereby appointed as the presiding judge of said board. The presiding judge shall appoint at least two (2) other members of the board. 6. Pursuant to the Election Code and the Election Services Contract between the Williamson County Elections Administrator and the City of Round Rock, John Willingham shall be appointed as Custodian of Election Records. 7. All resident, qualified electors of the City of Round Rock, Texas shall be entitled to vote at the election. 8. Notice of this election shall be given by twice publishing a substantial copy of the proposed initiative ordinance in a newspaper of general circulation published in the city. The dates of such publication shall be the same day in each of two successive weeks, with the first publication occurring before the 14th day before the date of the election. Notice of this election shall also be given by posting a copy of this ordinance on the bulletin board used for posting notices of city council meetings, and same shall be posted not later than the 21st day before the date of the election and shall remain posted through election day. The City Secretary is hereby authorized and directed to publish and post the required notices in the manner and for the time periods required by law. 9. At the election the proposed initiative ordinance shall be set forth in accordance with Exhibit "A ", previously recited herein as being attached and incorporated for all purposes, and said proposed initiative ordinance shall be submitted to the qualified voters in accordance with applicable law. 10. The official ballots for this proposed initiative ordinance election shall be prepared so as to permit the qualified electors to vote on such proposed ordinance by ballot title. The ballot title of a proposed initiative ordinance shall set forth its nature sufficiently to identify it. The official ballots for this proposed initiative ordinance election shall be prepared so as to permit the qualified electors to vote "For the Ordinance" or "Against the Ordinance." Said proposed initiative ordinance shall be combined with other allowable matters on the same ballots, said ballots to contain such provisions, markings and language as required by law. The proposed initiative ordinance shall be expressed substantially as follows: 3 PROPOSITION NO. 1 PROPOSED INITIATIVE ORDINANCE ORDINANCE APPROVING THE EXPENDITURE OF HOTEL OCCUPANCY TAX FOR A MULTI- PURPOSE FACILITY / BASEBALL STADIUM. "FOR THE ORDINANCE" ( ) "AGAINST THE ORDINANCE" ( ) 11. In all pertinent respects, the election shall be conducted in accordance with applicable provisions of the Texas Election Code. II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. Alternative 1 By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. C Alternative 2. READ and ADOPTED on first reading this the , 1998. READ and APPROVED on first reading this the day of , 1998. 4 tIN day of READ, APPROVED and ADOPTED on second reading this the day of 1998. ATTEST: 5 CHARLES C PPER, Mayor City of Round Rock, Texas • AFFIDAVIT TO COMMENCE INITIATIVE PROCEEDINGS The undersed 1 gita €ied voters of the City of Round Rock hereby state t they will constitute the petitioners• committee and be responsible for circulating the initiative petition and for filing it in proper form, all pursuant to Article 7 of the Round Rock City Charter. The proposed initiative ordinance is set out in full as follows: AN ORDINANCE APPROVING THE EXPENDITURE OF HOTEL OCCUPANCY TAX FOR A MULTI- PURPOSE FACILITY/BASEBALL STADIUM WHEREAS, baseball legend Nolan Ryan, his son Reid Ryan and his business partner, Don Sanders have purchased the Jackson Generals Double A minor league baseball team ( "the Team ") and have publicly announced their desire to relocate the Team to the City of Round Rock; and WHEREAS, the Round Rock City Council has developed a proposal to construct a Multi- Purpose Convention Complex that would include a Baseball Stadium suitable for the Team, as well as needed convention, exhibition, and meeting rooms ( "the Facility"); and WHEREAS, the Facility would be paid for from Hotel Occupancy Taxes and revenues from the Facility; and WHEREAS, pursuant to the terms and provisions of the Round Rock City Charter, a sufficient number of the qualified voters of the City have petitioned the City Council to call for an election to approve the following ordinance specifically authorizing the expenditure of Hotel Occupancy Tax for the construction of the above described Facility; NOW THEREFORE, BE IT ORDAINED BY 1111+; CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, Section 1. Expenditure and Pledge. The City Council of the City hereby finds that the expenditure of the Hotel Occupancy Tax, in accordance with Chapter 351 of the Texas Tax Code, for the acquisition, construction, equipment, improvement, enlargement, operation, financing, operation, maintenance and management of the Facility and related infrastructure is in the best interest of the citizens of Round Rock. The City Council further finds that the expenditure and pledge of such Hotel Occupancy Tax and such other sources as identified and acceptable to the City, to acquire, construct, equip, renovate, enlarge, improve, operate, manage and maintain the Facility and related infrastructure and to the payment of the principal, interest and premium, if any, of bonds or other obligations to be issued in order is the most advantageous method of providing and financing such Facility. Section 2. Issuance of Bonds or Other Obligations. The City Council is hereby authorized to issue bonds or other obligations in one or more series for the acquisition, construction, equipment, improvement, enlargement, operation, renovation, maintenance and management of the Facility payable from and secured by such sources as identified and acceptable to the City including specifically the Hotel Occupancy Taxes of the City lawfully available to be pledged to the payment of bonds or other obligations. Section 3. Prohibition Avainst Use of City Ad Valorem and Sales Taxes. Regardless of anything contained in this ordinance to the contrary, the City Council is hereby prohibited from using City ad valorem taxes or sales taxes for the financing or refinancing of the Facility, unless such is approved by the voters of the City at an election held for such purpose. THAT: D. \DOC \RRBlSEBA \flF' T.xrx EXHIBIT A /ez& 6 '/ -9f 3:5 9livrzAw DATE: - November 6, 1998 SUBJECT: City Council Meeting — November 12, 1998 „ ITEM: I0.F.3. Consider a resolution accepting and acknowledging adoption, by majority vote of the registered electors of Round Rock voting in the November 3, 1998 Special Election, an initiative ordinance proposed 0 approve expenditure of Hotel Occupancy taxes for a multi- purpose facility/baseball stadium. Staff Resource Person: Joanne Land, Assistant City Manager.