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HomeMy WebLinkAboutOrdinance No. 766 CITY OF THE COLONY, TEXAS ORDINANCE NO. 7~,~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD IN SAID CITY ON THE 8TH DAY OF AUGUST, 1992, FOR THE PURPOSE OF THE ADOPTION OF AN ADDITIONAL ONE HALF CENT SALES AND USE TAX WITHIN THE CITY OF THE COLONY TO BE USED FOR IMPROVING AND PROMOTING ECONOMIC AND INDUSTRIAL DEVELOPMENT BY THE CITY OF THE COLONY ECONOMIC DEVELOPMENT CORPORATION, TO BE IMPOSED FOR FIVE YEARS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council caused to be published in accordance with the laws of the State of Texas notice of the election held August 8, 1992, to adopt an additional one half cent sales and use tax within the City of The Colony to be used for improving and promoting economic and industrial development by the City of The Colony Economic Development Corporation, to be imposed for five years; and WHEREAS, notice of election was actually given as required by law; and WHEREAS, said election was duly and legally held on August 8, 1992, in conformity with the election laws of the State of Texas, and the results of said election have been certified and returned by the property judges and clerks thereof; and WHEREAS, the election returns duly and legally made showed that there were cast at said election 930 valid and legal votes, and it was finally determined that there were cast 234 votes for the adoption of the additional one half cent sales and use tax and _696 votes against the adoption of the additional one half cent sales and use tax, a majority of the votes having therefore been cast against the adoption of the one half cent sales and use tax. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That each and every one of the recitals, findings and determinations contained in the preamble to this Ordinance are hereby repealed and incorporated herein as due, proper and formal findings and determinations of the City Council. Section 2. That it is further found and determined that the results of the election as canvassed and tabulated in the preamble reflect the expressed desires of the resident, qualified electors. Section 3. That the Mayor of the City of The Colony, having met with the City Council of the City of The Colony, sitting as the canvassing board to canvass the election to consider the adoption of an additional one half cent sales and use tax within the City of The Colony to be used for improving and promoting economic and industrial development by the City of The Colony Economic Development Corporation, to be imposed for five years, held on August 8, 1992, within the City of The Colony, Texas, does hereby certify the figures on the precinct returns, a summary of the said precinct returns being attached hereto as Exhibit "A". Section 4. If any section, article, paragraph, sentence clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 5. The fact that the present ordinances and regulations of the City of The Colony, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of The Colony, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this Ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 10th day of August, 1992. ATYEST: ham W Manning, Mayor ~ / Patti A. Hicks, CMC/AAE City Secretary APPROVED AS TO FORM: City Attorney AUGUST 8, 1992 SPECIAL ELECTION TALLY SHE~-i EARLY P.C. CAMEY GO¥.CTR TOTAL FOR 36 73 68 57 234 AGAINI 71 203 223 199 696