1996-252E \WPDOCS\ORD\HALF CNT
ORDINANCE NO
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 T~IAT 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 Econommc Development Sales Tax Task Force has
recommended that the Cmty Councml hold an electmon on Saturday,
January 18, 1997, to adopt a 4A sales and use tax for econommc
development at the rate of one-half of one percent, and
WHEREAS, the Cmty Councml of the Cmty of Denton, Texas (the
"Cmty"), fmnds and determmnes that mt ms approprmate, advmsable,
and mn the best mnterests of the cltmzens of the cmty to call and
hold a referendum electmon for the Cmty for the purpose of
submmttmng a proposmtmon pertalnmng to the levy and collectmon of
an addmtmonal one-half cent sales and use tax wlthmn the Cmty for
the purposes heremnafter set forth, and
W~EREAS, the Cmty Councml fmnds and declares that the meetmng
at whmch thms ordmnance ms consmdered ms open to the publmc as
requmred by law, and that the publmc notmce of the tmme, place, and
purpose of samd meetmng was gmven as requmred by Tex Gov't Code
ch 551, as amended, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
~ That the statements made mn the foregomng preamble
bemng true and correct and bemng adopted hereby as flndmngs of
fact, a specmal electmon (the ,,electmon") ms hereby ordered to be
held mn and throughout the Cmty of Denton, Texas on Saturday, Jan-
uary 18, 1997, such date bemng a unmform electmon date as defmned
mn TEX ELEC CODE §41 001, as amended (the "Code") At the elec-
tmon, the following proposmtmon (the "proposmtmon"), mn accordance
wmth Sectmon 4A of the Development Corporatmon Act of 1979, Sectmon
5190 6 Vernons Annotated Texas Cmvml Statutes, shall be submItted
to a referendum vote of the qualmfmed voters of the City
PROPOSITION
"The adoptmon of a sales and use tax for the promotmon and
development of new and expanded busmness enterprmses at the
rate of one-half of one percent"
SECTION II All resident, quallfzed voters of the Clty shall
be eligible to vote at the election
~ The voting precincts for the electzon are hereby
designated to be those municipal voting precincts ~dent~fled by the
respective munzc~pal voting precinct numbers or county precznct
numbers The voting places, whzch shall be open from 7 00 a m
until 7 00 p m on the date of the election, shall be as follows
Voters resld~ng zn Dlstr~ct (Place) No 1 shall vote at
MARTIN LUTHER KING, JR RECREATION CENTER
1300 WILSON STREET
DENTON, TEXAS
Voters reszdlng ~n D~strlct (Place) No 2 shall vote at
FIRE STATION NO 4
2110 SHERlVLANDRIVE
DENTON, TEXAS
Voters resld~ng in Dlstrlct (Place) No 3 shall vote at
NORTH LAKES RECREATION CENTER
2001 WEST WINDSOR DRIVE
DENTON, TEXAS
Voters residing ~n D~str~ct (Place) No 4 shall vote at
DENIA PARK RECREATION CENTER
1001 PARVIN
DENTON, TEXAS
SECTION IV. The persons named below are hereby designated and
appolnted officers to conduct the electlon Any replacements
thereto are appointed by further order of the C~ty or by appoint-
ment pursuant to §32 007 of the Code Electzon judges and clerks
will be paid the maximum statutory fee for thezr servzce in the
election
1 For the Central Countlng Station George Spuller, Presiding
Judge, Tim Hodges, Manager, and Randl Smith, Tabulation
Supervisor
2 For D~str~ct (Place) No 1 Ruby Cole, Presiding Judge and
Alma Clark, Alternate Judge
3 For D~str~ct (Place) No 2 Doris Chapman, Preszdlng Judge
and Mary Mecay, Alternate Judge
4 For D~strlct (Place) No 3 Eunlce Curry, Presiding Judge and
B~ll Wzll~amson, Alternate Judge
5 For D~strzct (Place) No 4 Ralph Pyke, Preszdlng Judge and
Barbara Pyke, Alternate Judge
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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 ~n the elect~on, ~nclud~ng
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
~ The polls for early voting by personal appearance
will begin the 30th day'~of 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, excludlng 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 McKlnney, 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
~ Early voting by mail shall be conducted by the
City Secretary as early voting clerk in conformance w~th 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
McK~nney, Denton, Texas 76201
~ 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 appolnted as
election officers of the Early Voting Ballot Board Presiding
Judge, George Spuller; Alternate Judge, Alma Clark, and Clerk,
Ilene Steward
~ 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
~ The proposition shall be set forth substantially
in the following form, so as to permit the voters at the elect~on
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
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~ The elect~on materaals enumerated ~n the Code
shall be pranted and furnashed ~n both English and Spanish for use
at the votang places and for early votang That the Mayor ~s
hereby d~reeted to provide not~ce of the electaon, af necessary, ~n
accordance w~th Sections 4 002 and 4 003 of the Code, the notace to
be pranted an the Spanash language and the Englash language
S CTI~ The electmon offacers named above shall make
returns for the elect~on an the manner requared by law The
ballots that are properly marked ~n conformance wath the provas~ons
of the, Code for votes cast both during the peraod of early voting
and on the day of the electaon shall be counted an the manner
required by law
~ Substantmal copaes of th~s ordanance ~n both
English and Spanash shall serve as proper notace of the elect~on,
and sa~d not~ce shall be (a) published at least once an a
newspaper of general c~rculat~on publashed wath an the Caty, not
less than the thartaeth day or later than the tenth day before the
election, (b) posted, not later than the twenty first day before
electaon day, at a publac place an each electaon d~stract that ~s
an the ]urasdactlon of the c~ty, (c) posted not later than the
twenty-first day before the elect~on on the bulletan board used for
posting notices of meetzngs of the Caty Council of the C~ty, and
(d) posted, as may otherwise be requared by Code §4 003 and other
applacable laws
~ That the Caty Secretary zs authorazed to
prepare the off~caal ballot for the electzon and to perform every
act requared by the C~ty Charter and the laws of the State of Texas
for holding electaons
~ That the ordanance shall become effectave
ammedlately upon ars passage and approval
Presented and passed on the 5th day of November, 1996, at a
regular meetzng o~ the Caty Cou~cal of the C~ty of Denton, Texas,
by a vote of~ ayes and O nos at the regular meeting of
the Caty Councal of the C~ty of Denton, Texas
JA~MILLER, MAYOR
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
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AFFIDAVIT OF POSTING NOTICE
STATE OF TEXAS §
COUNTY OF DENTON
CITY OF DENTON §
BEFORE ME, the undersigned authormty, on this day personally
appeared , who, havmng 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, mn both Engllsh and Spanlsh, on the bulletmn board
used for postmng notices of meetings at "
EXECUTED THIS day of , 19
By
Printed Name
SUBSCRIBED AND SWORN TO BEFORE ME this the day of
, 19
Notary Public mn and for the
State of Texas
My Commission Expires
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