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Home My WebLink About1996-252E \WPDOCS\ORD\HALF CNT ORDINANCE NO (9'a 5 0% AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, CALLING A SALES AND USE TAX ELECTION TO BE HELD WITHIN THE CITY ON JANUARY 18, 1997, TO ADOPT 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, DESIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS, PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION, ORDERING THAT AN ELECTRONIC VOTING SYSTEM BE USED, MAKING ADDITIONAL PROVISIONS FOR THE CONDUCT THEREOF, AND OTHER PROVISIONS RELATING THERETO, AND PROVIDING AN EFFECTIVE DATE STATE OF TEXAS § COUNTY OF DENTON § CITY OF DENTON § WHEREAS, the Economic Development Sales Tax Task Force has recommended that the City Council hold an election on Saturday, January 18, 1997, to adopt a 4A sales and use tax for economic development at the rate of one-half of one percent, and WHEREAS, the City Council of the City of Denton, Texas (the "City"), finds and determines that it is appropriate, advisable, and in the best interests of the citizens of the city to call and hold a referendum election for the City for the purpose of submitting a proposition pertaining to the levy and collection of an additional one-half cent 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 open to the public as required by law, and that the public notice of the time, place, and purpose of said meeting was given as required by Tex Gov't Code ch 551, as amended, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the statements made in the foregoing preamble being true and correct and being adopted hereby as findings of fact, a special election (the "election") is hereby ordered to be held in and throughout the City of Denton, Texas on Saturday, Jan- uary 18, 1997, such date being a uniform election date as defined in TEX ELEC CODE §41 001, as amended (the "Code") At the elec- tion, the following proposition (the "proposition"), in accordance with Section 4A of the Development Corporation Act of 1979, Section 5190 6 Vernons Annotated Texas Civil Statutes, shall be submitted to a referendum vote of the qualified voters of the City PROPOSITION "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 11 SECTION II. All resident, qualified voters of the City shall be eligible to vote at the election SECTION III The voting precincts for the election are hereby designated to be those municipal voting precincts identified by the respective municipal voting precinct numbers or county precinct numbers The voting places, which shall be open from 7 00 a m until 7 00 p m on the date of the election, shall be as follows Voters residing in District (Place) No 1 shall vote at MARTIN LUTHER KING, JR RECREATION CENTER 1300 WILSON STREET DENTON, TEXAS Voters residing in District (Place) No 2 shall vote at FIRE STATION NO 4 2110 SHERMAN DRIVE DENTON, TEXAS Voters residing in District (Place) No 3 shall vote at NORTH LAKES RECREATION CENTER 2001 WEST WINDSOR DRIVE DENTON, TEXAS Voters residing in District (Place) No 4 shall vote at DENIA PARK RECREATION CENTER 1001 PARVIN DENTON, TEXAS SECTION IV. The persons named below are hereby designated and appointed officers to conduct the election Any replacements thereto are appointed by further order of the City or by appoint- ment pursuant to §32 007 of the Code Election ]udges and clerks will be paid the maximum statutory fee for their service in the election 1 For the Central Counting Station George Spuller, Presiding Judge, Tim Hodges, Manager, and Randi Smith, Tabulation Supervisor 2 For District (Place) No 1 Ruby Cole, Presiding Judge and Alma Clark, Alternate Judge 3 For District (Place) No 2 Doris Chipman, Presiding Judge and Mary Mecay, Alternate Judge 4 For District (Place) No 3 Eunice Curry, Presiding Judge and Bill Williamson, Alternate Judge 5 For District (Place) No 4 Ralph Pyke, Presiding Judge and Barbara Pyke, Alternate Judge Page 2 6 Jennifer Walters, City Secretary, shall conduct early voting under the Texas Election Code 7 George Spuller shall be Presiding Judge for the Early Ballot Board, along with the other Early Ballot Board officers named in Section VII below. The presiding judge of the Central Counting Station and of each district are authorized to appoint a sufficient number of clerks as necessary to assist them in the election, including bilingual assistants as required by law The rate of pay for election judges and clerks shall be the maximum amount provided for by State law SECTION V The polls for early voting by personal appearance will begin the 30th day'lof December, 1996 and ending on the 14th day of January, 1997, with voting times to be from 8 00 a m until 5 00 p.m each day, excluding holidays, Saturdays, and Sundays, except as set forth below Early voting in person shall be conducted by the office of the City Secretary as early voting clerk at the Municipal Building, 215 East McKinney, Denton, Texas 76201 In addition, early voting shall be held on Saturday, January 4, 1997, between the hours of 10 00 a m and 3 00 p m at the same location as weekday early voting SECTION VI. Early voting by mail shall be conducted by the City Secretary as early voting clerk in conformance with the requirements of the Code Valid application and ballots voted by mail shall be requested from and sent to Jennifer Walters, City Secretary, City Secretary's Office, City of Denton, Texas, 215 East McKinney, Denton, Texas 76201 SECTION VII. The Early Voting Ballot Board is hereby created and authorized to canvass the early votes cast by mail and by personal appearance. The following persons are hereby appointed as election officers of the Early Voting Ballot Board Presiding Judge, George Spuller; Alternate Judge, Alma Clark, and Clerk, Ilene Steward SECTION VIII. Voting on the date of the election, and early voting by personal appearance thereof shall be by the use of a lawfully approved electronic voting system, using optically scanned ballots Preparation of the necessary equipment and official ballots for the election shall conform to the requirements of the Code SECTION IX. The proposition shall be set forth substantially in the following form, so as to permit the voters at the election to vote "FOR" or "AGAINST" the proposition, to wit [ ] FOR ) THE ADOPTION OF A SALES AND USE TAX FOR THE PROMOTION AND DEVELOPMENT OF NEW AND EXPANDED [ ] AGAINST ) BUSINESS ENTERPRISES AT THE RATE OF ONE-HALF OF ONE PERCENT Page 3 SECTION X The election materials enumerated in the Code shall be printed and furnished in both English and Spanish for use at the voting places and for early voting That the Mayor is hereby directed to provide notice of the election, if necessary, in accordance with Sections 4 002 and 4 003 of the Code, the notice to be printed in the Spanish language and the English language SECTION XI The election officers named above shall make returns for the election in the manner required by law 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 XII Substantial copies of this ordinance in both English and Spanish shall serve as proper notice of the election, and said notice shall be (a) published at least once in a newspaper of general circulation published with in the City, not less than the thirtieth day or later than the tenth day before the election, (b) posted, not later than the twenty first day before election day, at a public place in each election district that is in the 3urisdiction of the city, (c) posted not later than the twenty-first day before the election on the bulletin board used for posting notices of meetings of the City Council of the City, and (d) posted, as may otherwise be required by Code §4 003 and other applicable laws SECTION XIII. That the City Secretary is authorized to prepare the official ballot for the election and to perform every act required by the City Charter and the laws of the State of Texas for holding elections SECTION XIV That the ordinance shall become effective immediately upon its passage and approval Presented and passed on the 5th day of November, 1996, at a regular meeting pf the City Council of the City of Denton, Texas, by a vote of 7 ayes and 0 nos at the regular meeting of the City Council of the City of Denton, Texas JA9K MILLER, MAYO� OR ATTEST JENNIFER WAL/TERS, CITY SECRETARY NIBY l�Ilt� A]tPKOVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Page 4 AFFIDAVIT OF POSTING NOTICE STATE OF TEXAS 5 COUNTY OF DENTON 9 CITY OF DENTON § BEFORE ME, the undersigned authority, on this day personally appeared who, having been duly sworn, says upon oath "That on the day of 19 he/she posted a true and correct copy of the attached and following notice of Election, in both English and Spanish, on the bulletin board used for posting notices of meetings at 11 EXECUTED THIS day of 1 19 By Printed Name SUBSCRIBED AND SWORN TO BEFORE ME this the day of 19 Notary Public in and for the State of Texas My Commission Expires Page 5