MINUTES
Special
Meeting - Board of Trustees
In
accordance with the terms and provisions of the Texas Open Meetings Act,
Chapter 551 of the Texas Government Code, the Board of Trustees of the Austin Community
College District convened in public session on Wednesday, May 7, 2003, at 12:06
p.m. in the Board Room (201) of the Highland Business Center of the Austin
Community College located at 5930 Middle Fiskville Road, Austin, Texas, with
the following members present: Rafael Quintanilla, Chair/Presiding Officer;
Barbara Mink, Vice Chair; Allen Kaplan, Secretary; Lillian J. Davis; John
Hernandez, and John Worley. Trustees
Beverly Watts Davis, Nan McRaven and Beverly Silas were absent from the
meeting.
It is
further found and determined that in accordance with the policies and orders of
this Board, the notice of this meeting has been posted and return thereof made
pursuant to the terms and provisions of the Texas Open Meetings Act, Chapter
551 of the Texas Government Code, and there has been full compliance with the
terms and provisions of said act, including the timely posting of the subjects
of this meeting.
Items for
Discussion/Possible Action
Agenda Item
7695
A Resolution
Canvassing the Returns and Declaring the Results of the
Chair
Quintanilla introduced the item.
Allen Kaplan moved and Barbara Mink seconded
that:
MOTION: The
Board of Trustees approve a Resolution Canvassing the Returns and Declaring the
Results of the May 3, 2003, Special Election for Authority to Increase Tax Cap
and Issue Bonds:
A RESOLUTION
CANVASSING THE RETURNS AND
DECLARING THE
RESULTS OF THE
FOR AUTHORITY TO INCREASE TAX CAP AND ISSUE BONDS
WHEREAS,
on
WHEREAS, the Board has reviewed and investigated all matters pertaining to this election, including the calling, notices, election officers, holding and returns thereof under the Joint Election Agent with City of Austin; and
WHEREAS, the Board hereby canvasses the returns of this election, at which there was submitted to all resident, qualified voters of the District for their vote thereupon; and
WHEREAS, the Board has diligently inquired into the poll lists and the official election returns which were duly and lawfully made to the Board by the judges and clerks holding and conducting such election; the poll lists and the official election returns showing separately the votes cast in the election; and
WHEREAS, from these returns, the Board hereby finds that the following votes were cast in the election by voters who were resident, qualified voters of the District;
INCREASING
MAINTENANCE TAX RATE BY AN ADDITIONAL TWO
CENTS
($0.02) ABOVE THE EXISTING FIVE CENT ($0.05) RATE IN 2004
AND
BY AN ADDITIONAL ONE CENT ($0.01) IN 2005 AND BY AN
ADDITIONAL
ONE CENT ($0.01) IN 2006
Votes Cast for
Proposition 30,587
Votes Cast Against Proposition 25,437
THE ISSUANCE OF
$99 MILLION OF GENERAL OBLIGATION BONDS
AND
THE LEVYING OF THE TAX IN PAYMENT THEREOF
Votes Cast for
Proposition 32,047
Votes Cast Against Proposition 24,076
NOW, THEREFORE, it is accordingly found, declared, and resolved by the Board of Trustees of the Austin Community College District that:
The Board officially finds, determines, and declares that the election was duly and properly conducted, that proper legal notice of such election was duly given in the English language and the Spanish language (to the extent required by law), that proper election officers were duly appointed prior to the election; that the election was duly and legally held, that all resident, qualified voters of the District were permitted to vote at the election, that due returns of the results of the election had been made and delivered, and that the Board has duly canvassed such returns, all in accordance with the laws of the State of Texas and of the United States of America, and the order calling the election.
The proposition NO. 1: SHALL THE BOARD OF TRUSTEES OF THE AUSTIN COMMUNITY COLLEGE DISTRICT BE AUTHORIZED TO LEVY, AND CAUSE TO BE ASSESSED AND COLLECTED, ANNUAL AD VALOREM TAXES FOR THE MAINTENANCE OF ITS COMMUNITY COLLEGE AT A RATE NOT TO EXCEED SEVEN CENTS ($0.07) ON EACH ONE HUNDRED DOLLARS ($100.00) VALUATION OF TAXABLE PROPERTY IN SAID DISTRICT IN 2004 AND NOT TO EXCEED EIGHT CENTS ($0.08) ON EACH ONE HUNDRED DOLLARS ($100.00) VALUATION OF TAXABLE PROPERTY IN SAID DISTRICT IN 2005 AND NOT TO EXCEED NINE CENTS ($0.09) ON EACH ONE HUNDRED DOLLARS ($100.00) VALUATION OF TAXABLE PROPERTY IN SAID DISTRICT IN 2006 AND THEREAFTER SAID TAX TO BE LEVIED, ASSESSED AND COLLECTED UNDER THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, INCLUDING THE TEXAS EDUCATION CODE, AS AMENDED, PROVIDED THAT THE ANNUAL MAINTENANCE TAX, SHALL NOT EXCEED NINE CENTS ($. 09) ON EACH ONE HUNDRED DOLLARS ($100) VALUATION OF TAXABLE PROPERTY IN SAID DISTRICT THEREAFTER has received a majority of the votes from resident, qualified voters of the District voting in such election. The Board hereby finds and determines that Proposition No. 1 passes, that the election was duly called, that proper notice was given, and that the election was held in all aspects in conformity with the law.
The
proposition NO. 2, SHALL THE BOARD OF TRUSTEES OF THE AUSTIN COMMUNITY COLLEGE
DISTRICT BE AUTHORIZED TO ISSUE GENERAL OBLIGATION BONDS OF THE DISTRICT IN THE
AMOUNT OF $99,000,000 FOR THE CONSTRUCTION, RENOVATION AND EQUIPMENT OF COLLEGE
BUILDINGS DISTRICT-WIDE (INCLUDING PHASE 2 OF THE HEALTH CAREERS BUILDING AT
THE EASTVIEW CAMPUS, CONSTRUCTION OF THE SOUTH AUSTIN CAMPUS, EXPANSION OF THE
CYPRESS CREEK CAMPUS, PURCHASE AND/OR RENOVATIONS, AND IMPROVEMENTS OF THE RIO
GRANDE CAMPUS, RENOVATIONS DISTRICT-WIDE, INCLUDING STUDENT PARKING, SUCH OTHER
IMPROVEMENTS AS MAY BE DETERMINED BY THE DISTRICT), WHICH BONDS MAY BE ISSUED
IN VARIOUS SERIES OR ISSUES, MAY BE SOLD AT ANY PRICE OR PRICES, SHALL MATURE
SERIALLY OR OTHERWISE NOT MORE THAN 40 YEARS FROM THEIR DATE OR DATES AND BEAR
INTEREST AT SUCH RATE OR RATES (FIXED, VARIABLE, FLOATING, ADJUSTABLE OR
OTHERWISE) AS SHALL BE DETERMINED BY THE BOARD WITHIN ITS DISCRETION AT THE
TIME OF ISSUANCE, BUT NOT TO EXCEED THE MAXIMUM RATE NOW OR HEREAFTER AUTHORIZED
BY LAW; AND SHALL THE BOARD BE AUTHORIZED TO LEVY AND PLEDGE, AND CAUSE TO BE
ASSESSED AND COLLECTED ANNUAL AD VALOREM TAXES ON ALL TAXABLE PROPERTY IN THE
DISTRICT SUFFICIENT, WITHOUT LIMIT AS TO RATE OF INTEREST ON THE BONDS AS THEY
BECOME DUE, ALL AS AUTHORIZED BY THE CONSTITUTION AND LAWS OF THE STATE OF
TEXAS, INCLUDING PARTICULARLY (BUT NOT BY WAY OF LIMITATION) SUBCHAPTER G. OF CHAPTER 130 OF THE TEXAS
EDUCATION CODE, TOGETHER WITH ALL AMENDMENTS AND ADDITIONS THERETO, AND THE
LAWS OF THE UNITED STATES OF AMERICA, has received a majority of the votes from
resident, qualified voters of the District voting in such election. The Board hereby finds and determines that
Proposition No. 2 passes, that the election was duly called, that proper notice
was given, and that the election was held in all aspects in conformity with the
law.
The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as part of the judgment and findings of the Board.
It is officially found, determined, and declared that the meeting at which this Resolution 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 Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code.
This Resolution shall be in force and effect from and after its final passage and it is so resolved.
PASSED,
ADOPTED, AND APPROVED, this the 7th
day of May, 2003.
______________________________________
Rafael Quintanilla, President, Board of Trustees
ATTEST:
___________________________
Allen Kaplan, Secretary, Board of Trustees
(SEAL)
VOTE: The
motion passed on a unanimous vote of 6-0.
FOR:
Lillian J. Davis, John Hernandez, Allen Kaplan, Barbara Mink, Rafael
Quintanilla, and John Worley
Trustees
Executive
Session
There
was no executive session.
Announcements
There
were no announcements.
Adjournment
Having
no motion before the Board, the
Approved By
Allen
H. Kaplan, Board Secretary