HomeMy WebLinkAbout2015-O-02 - Special Election Tax ReliefCITY OF STEPHENVILLE, TEXAS
ORDINANCE NO. 2015- 02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, ORDERING A SPECIAL
ELECTION TO BE HELD ON SATURDAY, MAY 9, 2015, TO SUBMIT A JOINT BALLOT PROPOSITION TO THE
ELIGIBLE VOTERS OF THE CITY OF STEPHENVILLE, TEXAS, ON THE REDUCTION OF THE ADDITIONAL
SALES TAX FOR PROPERTY TAX RELIEF BY THE RATE OF ONE -EIGHTH (1/8T") OF ONE PERCENT TO
ADOPT THE TYPE B ECONOMIC DEVELOPMENT SALES AND USE TAX AT THE RATE OF ONE -EIGHTH
(1/8T1) OF ONE PERCENT; DESIGNATING AN ELECTION DAY POLLING PLACE WITHIN SAID CITY;
DESIGNATING THE EARLY VOTING PERIOD AND POLLING LOCATIONS; ESTABLISHING OTHER
PROCEDURES FOR THE CONDUCT OF THE ELECTION; PROVIDING FOR THE POSTING AND PUBLICATION
OF NOTICE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 41.001(a) of the Texas Election Code establishes Saturday, May 9, 2015, as a
uniform election date for the City of Stephenville, Texas; and
WHEREAS, Section 3.005(c)(2) of the Texas Election Code requires the City of Stephenville, Texas, to
call the election at least seventy-one (71) days prior to the uniform election date by
February 27, 2015; and
WHEREAS, the City Council of the City of Stephenville, Texas (hereinafter referred to as the "City"),
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may approve an ordinance calling for a sales and use tax election; and
WHEREAS, the City currently imposes a local sales and use tax at a combined rate of 8.25 percent;
and
WHEREAS, Section 321.409 of the Texas Tax Code authorizes the City to submit to the eligible
voters of the City a joint ballot proposition to reduce the additional sales tax for
property tax relief by the rate of one -eighth (1/8th) of one percent to adopt the Type B
economic development sales tax at the rate of one -eighth (1/8th) of one percent; and
WHEREAS, the meeting at which this Ordinance is considered is open to the public as required by
law, and public notice of the time, place and purpose of said meeting was given as
required by Section 551.043 of the Texas Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE,
TEXAS:
Section 1. Incorporation of Premises. The above and foregoing premises to this Ordinance
are true and correct and are incorporated herein and made a part hereof for all purposes.
Section 2. Election Order; Election Date; Purpose of Election. A special election of the
City of Stephenville, Texas, shall be held between the hours of seven o'clock a.m. (7:00 a.m.) and seven
o'clock p.m. (7:00 p.m.), on the 9th day of May, 2015, to consider a joint ballot proposition prescribed by
chapters 501 and 505 of the Texas Local Government Code and chapter 321 of the Texas Tax Code, for
the purpose of reducing the additional sales tax for property tax relief by the rate of one -eighth (1/8`h)
Ordinance Calling Election
for May 9, 2015—Page 1
of one percent to adopt the Type B economic development sales tax at the rate of one -eighth (1/8th) of
one percent.
Section 3. Voting System. Voting on the date of the Election, and early voting therefore,
shall be by the use of a lawfully approved voting system. The preparation of the voting equipment to be
used in connection with such voting system and the official ballots for the Election shall conform to the
Texas Election Code, as amended, so as to permit all eligible voters of the City to vote "For" or "Against"
the Proposition. Said ballots shall have printed therein such provisions, markings, and language as may
be required by law, and the Proposition shall be set forth on said ballots in substantially the following
form and language:
SPECIAL ELECTION
City of Stephenville, Texas
Saturday, May 9, 2015
PROPOSITION NO. 1
FOR
AGAINST
"Shall the City Council of the City of Stephenville be authorized to reduce the additional sales tax for
property tax relief within the City at the rate of one -eighth of one percent to adopt the Type B
economic development sales and use tax within the City at the rate of one -eighth of one percent, to
undertake projects authorized by chapters 501 to 505 of the Texas Local Government Code, as
amended, including but not limited to: land, buildings, equipment, facilities, expenditures, targeted
infrastructure, and improvements to promote new or expanded business development; expenditures
required or suitable for infrastructure necessary to promote or develop new or expanded business
enterprises; job training required or suitable for the promotion of development and expansion of
business enterprises; land, buildings, equipment, facilities, and improvements required or suitable for
use for professional and amateur sports, including children's sports, athletic, entertainment, tourist,
convention, and public park purposes and events; and the maintenance and operations expenses for
any of the above described projects?"
Section 4. Polling Place. The Election Day polling place is Erath County Courthouse, 100
W. Washington Street, Stephenville, Texas.
An Early Voting Ballot Board shall be created to process early voting results in accordance with
Section 87.001 of the Texas Election Code. The Early Voting Ballot Board shall be made up of members
appointed in the manner stated in the agreement and the Presiding Judge and Alternate Presiding Judge
of the Early Voting Board shall be the election officials listed in the agreement.
The Presiding Judge for the general and special election shall also serve as the Presiding Judge of
the Early Voting Ballot Board, and is hereby directed to perform the duties required by the Texas
Election Code, as amended.
Section S. Early Voting; Early Voting Polling Place. Early voting shall commence on
Monday, April 27, 2015, and shall close on Tuesday, May 5, 2015. The early voting polling places are:
Erath County Courthouse, 100 W. Washington Street, Stephenville, Texas, and
Ordinance Calling Election
for May 9, 2015—Page 2
Dublin County Annex, 219 Grafton, Dublin, Texas.
During the lawful early voting by personal appearance period (April 27, 2015, through May 5,
2015), the Erath County Elections Administrator shall keep such place open for early voting from 8:00
a.m. until 5:00 p.m., on each day during normal working hours of the City, except Saturdays, Sundays,
official City holidays and official state holidays; and shall keep such place open for early voting from 7:00
a.m. until 7:00 p.m. for two (2) weekdays — May 4, 2015 and May 5, 2015. The early voting by personal
appearance schedule is as follows:
April 27
8:00 a.m.
to 5:00 p.m.
April 28
8:00 a.m.
to 5:00 p.m.
April 29
8:00 a.m.
to 5:00 p.m.
April 30
8:00 a.m.
to 5:00 p.m.
May 1
8:00 a.m.
to 5:00 p.m.
May 4
7:00 a.m.
to 7:00 p.m.
May 5
7:00 a.m.
to 7:00 p.m.
Section 6. Election Compliance. This election shall be held in accordance with, and shall
be governed by, the election laws of the State of Texas. In all City elections, the Mayor, City Secretary or
City Council shall perform each act as is required to be performed, in connection with the holding and
consummation of such election, and to give effect to the intent of this Ordinance.
Section 7. Voting Qualification; Voting Materials. All registered, qualified voters of the
City shall be permitted to vote at the election. In addition, the election materials enumerated in the
Texas Election Code, as amended, shall be printed in English and Spanish for use at the polling places
and for early voting for the Election.
Section S. Notices. The City Secretary is hereby directed to give notice of the election by:
(a) Publishing the notice of the election at least one (1) time, not more than thirty (30) days
nor less than ten (10) days before the election in at least one (1) newspaper of general
circulation within the City between April 9, 2015 and April 29, 2015;
(b) Filing with the City Secretary, a copy of the notice of the election;
(c) Posting a copy of the notice on the bulletin board used for posting notices of the
meetings of the City Council at least twenty-one (21) days before the election, by
Monday, April 20, 2015; and
(d) Delivering notice of the election to the Erath County clerk not later than the 60th day
before election day, by Tuesday, March 10, 2015.
The City Secretary shall file with the City Secretary's office a copy of the Publisher's Affidavit,
which complies with the Texas Election Code, as amended, that the notice was published, with the name
of the newspaper and the dates of publication.
Ordinance Calling Election
for May 9, 2015—Page 3
Section 9. Governing law and Qualified Voters. The elections shall be held in accordance
with the Constitution of the State of Texas, the Election Code, the Tax Code, and the City Charter.
Section 10. Severability. The sections, paragraphs, sentences, phrases, clauses and words
of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this
Ordinance or application thereof to any person or circumstance 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 that it would have passed such remaining portions
of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect.
Section 11. Effective Date. This Ordinance shall take effect immediately upon its adoption
and publication in accordance with and as provided by law and the City Charter.
PASSED AND APPROVED by the City Council of the City of Stephenville, Texas this the 3rd day of
February, 2015.
Jerry. W I on II, Mayor
ATTEST:
Cindy L. S fford, City Sec6ory
Reviewed by Patrick C. ridges,
City Administrator
Approved as to form and legality by
Randy Thomas, City Attorney
Ordinance Calling Election
for May 9, 2015—Page 4