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Home My Public Portal AboutOrdinance No. 768-95 10-24-1995 ORDINANCE NO. 7 6 8- 9 5 • AN ORDINANCE AMENDING ORDINANCE 766-95, PASSED ON FIRST READING ON OCTOBER 10, 1995, CALLING A SPECIAL ELECTION ON A ONE-HALF CENT SALES TAX FOR CERTAIN PURPOSES AND LIlVIITING THE ANNUAL EXPENDITURE OF TAX COLLECTED TO ONE AND ONE-HALF PERCENT (lid%) OF THE TOTAL TAX COLLECTED FOR ECONOMIC DEVELOPMENT AND PARKS AND PARKS FACILITIES; 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 TT 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 ORDINANCE NO. PAGE 1 Section 4B of the Act: water system improvements, sewer system improvements, road, street and highway improvements, economic development and parks and park facilities; PROVIDED, however, that expenditures of said proceeds for economic development, parks and park facilities shall be limited to one and one-half percent (1%Z%) of annual proceeds collected. 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 • 3401 Jonette Richland Hills, Texas 76118 ORDINANCE NO. 7 6 8- 9 5 PAGE 2 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. 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 TAX AGAINST 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, HIGHWAY IMPROVEMENTS, PARKS AND PARK FACILITIES AND ECONOMIC DEVELOPMENT, WITH AN ANNUAL AMOUNT THEREOF NOT TO EXCEED ONE AND ONE-HALF PERCENT OF THE TAX COLLECTED FOR 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. ORDINANCE NO. 7 6 8- 9 5 PAGE 3 PRESENTED, GIVEN FIRST READING AND APPROVED at a meeting of the . Richland Hills City Council on the 24th day of October 1995, by a vote of 5 ayes, ~ nays, and ~ abstentions. APPROVED: l C. F. Kelley, May ATTEST: ri Willis, ity Secretary PPROVE AS TO FORM AND EGALITY: i / i aul F. Wieneskie, City Attorney • 12rhlib/bh/111495 • ORDINANCE NO. 7 6 8- 9 5 PAGE 4