HomeMy Public PortalAboutOrdinance No. 766-95 10-10-1995 ORDINANCE NO. 7 6 6- 9 5
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AN ORDINANCE CALLING A SPECIAL ELECTION ON A
OIVE-HALF CENT SALES TAX FOR CERTAIN PURPOSES;
DESIGNATING THE DATE OF SAID ELECTION;
DESIGNATING POLLING PLACES; APPOINTING ELECTION
OFFICIALS; DESIGNATING EARLY VOTING HOURS AND
PLACES; DIRECTING POSTING AND PUBLICATION OF
NOTICES FOR SAID ELECTION; PROVIDING A
SEVERABILTTY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, pursuant to Section 4B of Article 5190.6, Vernon's Civil Statutes, as
amended (the "Act") the City Council of the City of Richland Hills, Texas (the
"City", is authorized, and hereby 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 in 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 public
notice of the time, place and purpose of said meeting was given as required by
Chapter 551, Texas Government Code, as amended; and
WHEREAS, the City is an "eligible city" under the provisions of Section 4B of
the Act, in that (1) the City is located in a county with a population of more than
1,100,000, and in which there are more than 40 incorporated municipalities,
according to the most recent federal decennial census and (2) the combined rate of
all sales and use taxes imposed by the City, the State of Texas, and other political
subdivisions with territory in the City will not exceed 7.75 percent on the date of the
election to be held pursuant to this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
1. The statements made in the foregoing preamble being true and correct and
being adopted hereby as findings of fact, a referendum election (the "Election") shall
be held in and throughout the City of Richland Hills, Texas, on Saturday, January 20,
1996, such date being a uniform election date as defined in Section 41.001 of the
TEXAS ELECTION CODE, as amended (the "Code"). At the Election the following
proposition (the "Proposition") shall be submitted to a referendum vote of the
qualified voters of the City:
PROPOSITION
The levy and collection of an additional one-half of one percent sales and use
tax within the City pursuant to the provisions of Section 4B, Article 5190.6,
Vernon's Texas Civil Statutes, as amended (the "Act"), with the proceeds thereof
to be used and applied in the manner and to any of the purposes authorized by
Section 4B of the Act: water system improvements, sewer system
. improvements, road, street and highway improvements, economic development
and parks and park facilities.
ORDINANCE NO. PAGE 1
2. That a copy of the actual Proposition shall remain on file in the City
. Secretary's office until the date of the election, and shall be open to public
inspection and copying during normal business hours.
3. The ballot propositions in the special election shall be voted upon
independently. A proposition shall be approved if it receives a majority of the votes
cast upon that particular proposition.
4. That the polling place for said special election shall be:
City Hall
3200 Diana Drive
Richland Hills, Texas
Said City shall constitute a single election precinct for said election.
5. That early voting shall be conducted by personal appearance and by mail at
the City Hall, Richland Hills, Texas, during the period early voting is required or
permitted by law, being January 2, 1996, through January 16, 1996, the hours
designated for early voting by personal appearance shall be from 8:00 o'clock a.m. to
5:00 o'clock p.m. on each day except Saturdays, Sundays and legal state holidays; and
the early voting clerk shall keep said early voting place open during such hours for
early voting by personal appearance. The early voting clerk for said election shall be
the City Secretary.
6. That all resident, qualified voters of said City shall be entitled to vote at
said election.
• 7. That notice of said election shall be given by posting a notice in
compliance with the Texas Election Code on the bulletin board used for posting
notices of City Council meetings located at the City Hall, in such manner that said
notice is visible to the public 24 hours per day, seven days per week, not later than
the 30th day prior to the date set for the election. Furthermore, a copy of said
notice of said special election, including a substantial copy of the Proposition, shall
be published at least once in a newspaper of general circulation within the city not
earlier than the 30th day or later than the 10th day before the date of said election.
8. That the following persons shall be the Officers who shall conduct the
election:
Presiding Judge: Loyce Greer
7436 Evelyn
Richland Hills, Texas 76118
Alternate Presiding Judge: Jean Spieker
341 onP.
Richland Hills, Texas 76118
The Presiding Judge shall appoint not less than two nor more than five qualified
election clerks to serve and assist in conducting said election; provided, that if the
Presiding Judge actually serves as expected, the Alternate Presiding Judge shall
serve as one of such clerks.
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ORDINANCE NO. 7 6 6- 9 5 PAGE 2
9. The Presiding Judge, Alternate Presiding Judge and such election clerks
as are appointed by the Presiding Judge shall also serve as the Early Voting Ballot
Board for such election.
10. The City Secretary shall deliver copies of this Ordinance to the Presiding
Judge and Alternate Presiding Judge appointed herein not later than the twentieth
day after the date of this Ordinance, which copies so delivered shall constitute
notice to the Presiding Judge and Alternate Presiding Judge of their appointment as
provided by law.
11. That said election shall be held in compliance with the Charter of the
City of Richland Hills, Texas, and the Texas Election Code.
12. The Proposition shall be set forth substantially in the following form, so
as to permit the electors to vote "FOR" or "AGAINST" the Proposition, to-wit:
FOR THE LEVY AND COLLECTION OF AN ADDITIONAL
ONE-HALF OF ONE PERCENT SALES AND USE
AGAINST TAX FOR ANY OF THE PURPOSES AUTHORIZED
BY SECTION 4B OF ARTICLE 5190.6, VERNON'S
TEXAS CIVIL STATUTES, AS AMENDED, FOR
WATER SYSTEM IMPROVEMENTS, SEWER SYSTEM
IMPROVEMENTS, ROAD, STREET AND HIGHWAY
IMPROVEMENTS, AND ECONOMIC DEVELOPMENT
AND PARKS AND PARK FACILITIES.
Severability Clause. That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such invalid or
unconstitutional phrase, clause, sentence, paragraph or section.
Effective Date. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Richland Hills City Charter and the
laws of the State of Texas.
PRESENTED, GIVEN FIRST READING AND APPROVED at a meeting of the
Richland Hills City Council on the 1~t}i day of October 1995, by a vote of 4
ayes, 0 nays, and 0 abstentions.
APPROVED:
C. F. Kelley, Mayor
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ORDINANCE NO. 7 6 6- 9 5 PAGE 3
ATTEST:
Tern' illis ity Secretary
APPROVED AS TO FORM AND LEGALITY:
,
aul F. Wieneskie, ity Attorney
877MLIB/bh/101195
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