HomeMy WebLinkAbout2020-O-04 - Special Election - Sports Venue Tax ORDINANCE NO. 2020-0-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF STEPHENVILLE, TEXAS, ORDERING A SPECIAL
ELECTION TO BE HELD ON SATURDAY, MAY 2, 2020, FOR VENUE PROJECT ELECTION IN ACCODANCE
WITH CHAPTER 334, LOCAL GOVERNMENT CODE, TO BE HELD IN THE CITY OF STEPHENVILLE, TEXAS,
AND OTHER MATTERS RELATED THERETO.
WHEREAS, Section 41.001(a) of the Texas Election Code establishes Saturday, May 2, 2020, as a
uniform election date for the City of Stephenville,Texas ("City"); and
WHEREAS,Section 3.005(c)(2) of the Texas Election Code requires the City, to call the election at
►east seventy-one (71) days prior to the uniform election date by February 14, 2020; and
WHEREAS,the City Council may approve an ordinance calling for an election to establish a certain
sports and community venue tax in accordance with the provisions of Chapter 334, Texas Local
Government Code (the "Act"); and
WHEREAS, the City Council hereby finds and determines that an election should be held to
determine whether the City Council shall be authorized to establish a certain sports and community venue
project in accordance with the provisions of the Act and other applicable law and for the purposes
hereinafter identified; and
WHEREAS, the City adopted a resolution on December 3, 2019 ("Resolution") to provide for the
construction, improvement, enlarging, equipping, repairing, operation, and maintenance of city-owned
ballfields,concessions,courts,and recreation facilities as provided herein in accordance with the Act; and
WHEREAS, the City received authorization from the Comptroller of Public Accounts of the State
of Texas("Comptroller")to hold such an election; and
WHEREAS, by this ordinance it is the intention of the City to provide for conducting such an
election; 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. ELECTION ORDER; ELECTION DATE; PURPOSE OF ELECTION.
A special election of the City of Stephenville, Texas, shall be held on May 2, 2020 between the hours of
7:00 a.m. and 7:00 p.m. to consider a ballot proposition prescribed by Chapter 334 of the Texas Local
Government Code for the purpose of authorizing a two percent(2%) sports venue project tax.
SECTION 2. PROPOSITION AND BALLOT LANGUAGE
An election shall be held on May 2, 2020("Election Day") in the City of Stephenville,Texas for the purpose
of submitting the following proposition to the qualified voters of the City in accordance with law. The
official ballots shall be prepared in accordance with the Election Code so as to permit qualified voters of
.__. the City of Stephenville, Texas to vote "FOR" or "AGAINST" the proposition which shall appear on the
ballot substantially as follows:
PROPOSITION A
"Authorizing the City of Stephenville,Texas to provide for the construction,improvement,
enlarging, equipping, repairing, operation, and maintenance of city-owned ballfields,
concessions, courts, and recreation facilities, a sports and community venue project as
defined in Chapter 334,Texas Local Government Code ("Venue Project"), and to impose
a tax on the occupancy of a room in a hotel within the City at a rate not to exceed two
percent (2%) of the price paid for such room for the purposes of financing the Venue
Project. If approved, the maximum hotel occupancy tax rate imposed would be nine
percent (9%) of the price paid for a room in a hotel.
SECTION 3. ELECTION DAY POLLING PLACE.
The Election Day polling place is Erath County Courthouse, 100 W.Washington Street,Stephenville,Texas,
and any other locations as determined by the Erath County Clerk.
SECTION 4. EARLY VOTING; EARLY VOTING POLLING PLACE.
Early voting shall take place on Monday, April 20, 2020 through Friday, April 24, 2020 from 8:00 a.m. to
5:00 p.m. and Monday, April 27, 2020 through Tuesday,April 28, 2020 from 7:00 a.m. to 7:00 p.m. at the
Erath County Courthouse, 100 W. Washington Street, Stephenville, Texas, and any other locations as
determined by the Erath County Clerk.
SECTION 5.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 available in English and Spanish for use at the polling places and for early
voting for the Election.
SECTION 6. 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;
(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; and
(d) Delivering notice of the election to the Erath County Clerk not later than the 60th day
before election day.
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.
SECTION 7. CORRECTIONS
The City Secretary and City Attorney are hereby authorized and directed to approve any technical changes
or corrections in this Ordinance or to any of the instruments authorized by this Ordinance necessary in
order to (i) correct any ambiguity, mistake, or omission, or (ii) to comply with the requirements of the
Texas Election Code or any other applicable law.
SECTION 8. INCORPORATION OF RECITALS
The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby
made part of this Ordinance for all purposes and are adopted as part of the judgement and findings of the
City Council.
SECTON 9. 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 10. EFFECTIVE DATE
This Ordinance shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Stephenville, Texas this the 4th day of
February, 2020.
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Staci L. ing, City Secrets
Reviewed by A len L. Barnes,
City Manager
Approved as to form and legality by
Randy Thomas, City Attorney