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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"), n 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