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HomeMy WebLinkAboutOrdinance No. 97-1005 CITY OF TIlE COLONY, TEXAS ORDINANCE NO. 97-1005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE' COLONY, TEXAS AUTHORIZING AND CALLING AN 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 4A OF THE DEVELOPMENT CORPORATION ACT OF 1979 (ART. 5190.6, V.T.C.S); MAKING PROVISION FOR THE CONDUCT OF THE ELECTION AND PROVIDING FOR OTHER MATTERS RELATED THERETO; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of The Colony, Texas, hereby finds that an election should be held for the purposes of submitting a proposition on the levy and collection of an additional sales and use tax within the City under the provisions of Section 4A of Article 5190.6, V.A.T.C.S., the Development Corporation Act of 1979 (the "Act); and WHEREAS, the City Council further determines that the City is an eligible city under the provisions of the Act, in that the City is located in a county with a population of 500,000 or fewer according to the most recent federal decennial census; and WHEREAS, in accordance with the requirements of the Act, if the tax as described herein is authorized by a majority of the qualified voters of the City voting at the election called for herein, the combined rate of all local sales and use taxes, including the tax approved pursuant to the said election, imposed by the City and other political subdivisions having territory in the City will not exceed two (2) percent. NOW, THEll]gFORE, 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, Texas, 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 2. .Eligible Voters: Conduct of Election. All resident, qualified voters of the City shall be eligible to vote at the Election. This election shall be held and conducted in accordance with the provisions of Texas Election Code and Chapter 321, Subchapter E, Texas Tax Code, and Section 4A of the Act, and as may be required by law, all election materials and proceedings shall be printed in both English and Spanish. Section 3. Election Precinct: Election Judges. The city election precincts for this special election consist of various Denton county election precincts located with the corporate limits o f the City and bearing the following numbers, and the polling places and officers of said election shall 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 Camey 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 above are hereby appointed to serve as Presiding Judge and Alternate Presiding Judge, respectively, for the Election. 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 appointeO 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 Votine. 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 shall 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. 2 Section 6. Early Voting by Mail. Early voting by mail shall 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 mall 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 wHch shall appear on the ballot substantially as follows: [] FOR THE ADOPTION OF A SALES AND USE TAX FOR THE PROMOTION AND DEVELOPMENT 'OF NEW AND EXPANDED BUSINESS ENTERPRISES AT THE RATE OF ONE-HALF OF ONE PERCENT, AS AUTHORIZED BY [] AGAINST SECTION 4A OF ARTICLE 5190.6, VERNON'S TEXAS CIVIL STATUES, AS AMENDED (THE DEVELOPMENT CORPORATION ACT OF 1979). Section 9. Election Returns. The election officers named herein shall make returns for the Election in the manner required by law, and the 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 21 st 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 Ordinance shall take effect from and after its date of adoption. 3 PASSED AND APPROVED by the City Council of the City of The Colony, Texas this the 1st day of December, 1997. ATTEST: Patti A. Hicks, TRMC, City Secretary APPROVED AS TO FORM: