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HomeMy WebLinkAboutOrdinance No. 97-1006 ORIGINAL CITY OF THE COLONY, TEXAS ORDINANCE NO. 97-1006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, CALLING A SALES AND USE TAX ELECTION TO BE HELD WITHIN THE CITY ON JANUARY 17, 1998, TO SUBMIT A PROPOSITION ON THE QUESTION OF THE ADOPTION OF A SALES AND USE TAX UNDER THE PROVISIONS OF SECTION 4B OF THE DEVELOPMENT CORPORATION ACT OF 1979 (ART. 5190.6, V.T.C.S.); MAKING PROVISIONS FOR THE CONDUCT OF THE SAID ELECTION AND PROVIDING FOR OTHER MATTERS RELATED THERETO; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 4B, Article 5190.6, Vernon's Texas Civil Statutes, as amended (the "Act"), the City Council of the City of The Colony, Texas (the "City"), is authorized and hereby finds and determines that it is appropriate, advisable, and in the best interests of the citizens of the City to call and hold an election in the City for the purpose of submitting a proposition pertaining to the levy and collection of a one-half of one percent sales and use tax within the City for the purposes hereinafter set forth; and WHEREAS, the City Council finds and declares that the meeting at which this Ordinance is considered is to be open to the public as required by law, and that public notice of the time, place and purpose of said meeting was given as required by Chapter 551, Texas Government Code, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. Election Ordered; Proposition. The statements made in the foregoing premises being true and correct and being adopted hereby as findings of fact, an election (the "Election") shall be held in and throughout the City of The Colony, Texas, on Saturday, January 17, 1998, such date being a uniform election date as defined in Section 41.001 of the V.T.C.A. Election Code, as amended (the "Code"). At the Election the form of proposition set forth in Section 8 hereof shall be submitted to a vote of the qualified voters of the City. Section 3. Election Precinct; Election Judges. The city election precincts for this special election consist of various Denton County election precincts located within the corporate limits of the City and bearing the following numbers, and the polling places and officers of said election shaH be as follows, to wit: Denton County Election Precincts 109 and 112 Peters Colony Elementary, 5101 Nash Drive, The Colony Presiding Judge - Melba Chance, Alternate Judge - Becky Eggleston Denton County Election Precincts 201, 202, 219, 221, and 222 Carney Elementary, 4949 Arbor Glen Road, The Colony Presiding Judge - Sandie Chance, Alternate Judge - Sally Horn Denton County Election Precincts 110 and 119 Denton County Government Center, 6301 Main Street, The Colony Presiding Judge - Regina Carpenter, Alternate Judge - Doris Mills The Presiding Judge shall appoint not less than two (2) qualified election clerks to serve and assist in the conduct of the Election; provided, however, that if the Presiding Judge named herein actually serves as expected, the Alternate Presiding Judge shall be one of such clerks. The voting places shall be open from 7:00 a.m. to 7:00 p.m. on the date of the Election. Section 4. Election Officers. The persons named herein are hereby designated and appointed officers to conduct the Election until any replacements thereto are appointed by further order of the City or by appointment pursuant to Section 32.007 of the Code. Election judges and clerks will be paid the maximum statutory fee for their services in the Election. Section 5. Early Voting. Early voting for this election shall begin on Wednesday, December 31, 1997, and shall terminate on Tuesday, January 13, 1998, and the hours designated for early voting by personal appearance shaH be from 8:00 a.m. to 5:00 p.m. on each weekday. For the purpose of additional Early voting the Clerk shall keep said office open on Saturday, January 10, 1998 from 8:00 a.m. to 4:00 p.m. Section 6. Early Voting by Mail. Early voting by mail shah be conducted by the City Secretary as Early Voting Clerk in conformance with the requirements of the Code. Ballot applications and ballots voted by mail shall be requested from and sent to: Ms. Patti Hicks, 5151 North Colony Blvd., The Colony, Texas 75056. Section 7. Early Ballot Board. The Early Ballot Board is hereby created and authorized to canvass the early votes cast by mail and by personal appearance. Regina Carpenter is hereby appointed to serve as Presiding Judge of the Early Ballot Board. The Presiding Judge shall appoint two (2) additional members of the Early Ballot · Board provided that in the event the Presiding Judge actually serves, the Alternate Presiding Judge shall be one of such additional members. Section 8. Paper Ballots. Voting shall be by the use of paper ballots. The preparation of the necessary equipment and official ballots for the Election shall conform to the requirements of the Code. Paper ballots shall be prepared in accordance with the applicable provisions of the Election Code so the voters may cast their ballots either "FOR" or "AGAINST" the aforesaid measure which shall appear on the ballot substantially as follows: THE ADOPTION OF A SALES AND USE TAX WITHIN THE CITY OF THE COLONY, TEXAS, AT THE RATE OF ONE-HALF OF ONE PERCENT TO BE USED, AFTER THE HOLDING OF AT LEAST ONE PUBLIC HEARING, FOR LAND, BUILDINGS, EQUIPMENT, FACILITIES, AND IMPROVEMENTS [] FOR REQUIRED OR SUITABLE FOR USE FOR SPORTS, ATHLETIC, ENTERTAINMENT, TOURIST, CONVENTION, AND PUBLIC PARK PURPOSES AND EVENTS, INCLUDING BUT NOT LIMITED TO COMMUNITY CENTERS, LIBRARIES, AND HIKE AND BIKE TRAILS, AND THE PROMOTION OR DEVELOPMENT OF NEW OR EXPANDED [] AGAINST BUSINESS ENTERPRISES, AS AUTHORIZED BY SECTION 4B OF ARTICLE 5190.6 VERNON'S TEXAS CIVIL STATUTES, AS AMENDED (THE DEVELOPMENT CORPORATION ACT OF 1979); AND MAINTENANCE AND OPERATING COSTS ASSOCIATED WITH ANY OF THE ABOVE PROJECTS THAT ARE PUBLICLY OWNED AND OPERATED. Section 9. Election Returns. The election officers named herein shall make returns for the Election in the manner required by law, and th ballots that are properly marked in conformance with the provisions of the Code for votes cast both during the period of early voting and on the day of the Election shall be counted in the manner required by law. Section 10. Notice. Substantial copies of this Ordinance in both English and Spanish shall serve as notice of the Election, and said notice shall be (a) published once in a newspaper of general circulation within the City not earlier than the 30th day, or later than the 10th day before the Election; and (b) posted not later than the 21st day before the Election on the bulletin board used for posting notices of meetings of the City Council of the City. Section 11. Effective Date. This Ordnance shall take effect from and after its date of adoption. PASSED AND APPROVED by the City Council of the City of The Colony, Texas this the 1 st day of December, 1997. Mary Blai~-Wat(.~ Mayor ATTEST: Patti A. Hicks, TRMC, ~2ity Secretary APPROVED AS TO FORM: 4