HomeMy Public PortalAboutResolution No. 215-04 11-16-2004
• RESOLUTION NO. 215-04
A RESOLUTION OF THE CITY OF RICHLAND HILLS, TEXAS CALLING
A SPECIAL ELECTION FOR THE PURPOSE OF DETERMINING
WHETHER THE CITY SHOULD ADOPT A FREEZE OF AD VALOREM
PROPERTY TAXES ON RESIDENTIAL HOMESTEADS FOR DISABLED
PERSONS AND PERSONS SIXTY-FIVE (65) YEARS OF AGE OR OLDER;
ESTABLISHING PROCEDURES FOR THAT ELECTION; PROVIDING
FOR NOTICE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article 8, Section 1-b(h) ofthe Texas Constitution permits the governing body
or the voters of certain political subdivisions, including cities, to freeze the amount of taxes of a
disabled person and those over 65 years of age for the rest of their lives; and
WHEREAS, Section 3.004(b) of the Texas Election Code provides that if a law providing
for an election relating to the affairs of a political subdivision does not designate the authority
responsible for ordering the election, the governing body of the political subdivision shall order the
election; and
WHEREAS, on July 30, 2004, the Texas Attorney General has issued an opinion,
specifically, Opinion GA-0222, determining that a governing body City Council may call an election
on the issue of whether to enact a tax freeze as is permitted by Article 8, Section 1-b(h) of the Texas
• Constitution without a petition calling for such an election first being filed; and
WHEREAS, the City Council is the governing body of the City, and so, pursuant to Texas
Election Code Section 3.004(b), has the authority to call a local election; and
WHEREAS, the City Council desires to allow the citizens of Richland Hills to vote on this
proposition without the necessity of the filing of the required petition; and
WHEREAS, Saturday, February 5, 2005 is designated as a uniform election day; and
WHEREAS, by this Resolution, it is the intention of the City Council to also designate a
polling place for the election, to appoint the necessary election officers and to establish and set forth
procedures for conducting the election;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
Section 1. Election Order. The City Council hereby orders that a special election is hereby
called for February 5, 2005, for the submission of the following issue to the qualified voters of the
City of Richland Hills, Texas:
Shall the total amount of taxes paid to the City on the homesteads of persons sixty
• five (65) years of age or older or who are disabled never be increased as provided by
• Article 8, Section 1-b(h) of the Texas Constitution?
Vote "Yes" or "No"
Section 2. Polling_Place. Pursuant to Section 432.061 of the Texas Election Code, the City
Council has established and ordered that the City shall constitute a single election precinct for said
election. The polling place for the General Election shall be as follows:
City Hall
3200 Diana Drive
Richland Hills, Texas
This location of the polling place for this election is designated pursuant to Section 43.004 of the
Texas Election Code. The Council finds that such location can most adequately and conveniently
serve the voters in this election, and that such location will facilitate the orderly conduct of the
election.
Section 3. Times Polling Place is to be Open. As dictated by Section 41.031 of the Texas
Election Code, the polls shall be open from 7;00 a.m. to 7:00 p.m. on Saturday, February 5, 2005,
in accordance with and pursuant to the requirements of the Texas Election Code.
Section 4. Appointment of Election Judge and Alternate Election Judge. Presiding Election
• Judge and Alternate Presiding Election Judge shall be appointed by the City Council, pursuant to
Section 32.005 of the Texas Election Code. If the Presiding Election Judge can not or will not serve,
the Alternate Presiding Election Judge shall serve as the Presiding Election Judge. If both the
Presiding Election Judge and the Alternate Presiding Election Judge can not or will not serve, and
the City Council does not appoint a substitute, the Tarrant County Elections Administrator is
authorized to designate a substitute. The Presiding Election Judge and Alternate Presiding Judge
shall be qualified voters of the City. The City Secretary shall, in accordance with Section 32.009 of
the Code, deliver to the Presiding Election Judge and the Alternate Presiding Judge notice of their
appointments not later than twenty (20) days from the effective date of their appointment.
Section 5. Appointment of Clerks._ The Presiding Election Judge for the polling place shall
appoint Election Clerks and as many additional Clerks as are necessary for the proper conduct of the
election. Provided, however, five (5) clerks shall be the maximum number of Clerks which maybe
appointed to serve at the polling places.
Section 6. Compensation of the Election Judges and Election Clerks. The Presiding Election
Judge, Alternate Presiding Election Judge and each Election Clerk shall be compensated at the rate
of $6.00 per hour in accordance with Section 32.091 of the Texas Election Code. The Presiding
Election Judges shall also be paid the additional sum of $25.00 for delivering the returns of the
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• election.
Section 7. Method of Voting. The City Secretary is hereby authorized and instructed to provide
and furnish all necessary election supplies to conduct the General Election, in accordance with this
resolution. Voting at the election shall be by OPTECH III P electronic voting machines, or such
other machines designated by the Tarrant County Elections Administrator, and shall be conducted
in accordance with the Texas Election Code.
Section 8. Governing Law and Qualified Voters. The election shall be held in accordance
with the Constitution of the State of Texas and the Texas Election Code, and all resident qualified
voters of the City shall be eligible to vote at the election.
Section 9. Publication and Postin~of Notice of Election. Notice ofthe election shall be given
as required by Chapter 4 of the Texas Election Code.
Section 10. Early Voting. The City Secretary is hereby appointed as Early Voting Clerk and she
may appoint the necessary deputy clerks as required for early voting. Early voting by personal
appearance shall be conducted between the hours of 8:00 a.m. and 5:00 p.m. on each day which is
not a Saturday or Sunday, or an official State Holiday, beginning on Wednesday, January 19, 2005
and continuing through Tuesday, February 1, 2005. Early voting by personal appearance shall be at
Richland Hills City Hall, 3200 Diana Drive, Richland Hills, Texas.
. Early voting by personal appearance shall be by paper ballots or such machines designated by the
Tarrant County Elections Administrator. Early voting by mail shall be by paper ballots. All early
voting shall be canvassed by the Early Voting Ballot Board, which is hereby created.
The Presiding Election Judge and the Alternate Presiding Judge appointed herein shall serve as the
presiding officer and the alternate presiding officer, respectively, of the Early Voting Ballot Board.
The other election officers serving at the election shall serve as the other members ofthe Early Voting
Ballot Board for the election.
Section 11. Submission to the United States Justice Department. The City Secretary of the
City of Richland Hills, or the city attorney, are authorized to make such submission as are necessary
to the United States Justice Department to seek pre-clearance as required by law.
Section 12. Deliverv of Returns. In accordance with the Texas Election Code, immediately after
the closing of the polls on the day of the election, the election officers named in this resolution shall
make and deliver the returns of the election in triplicate as follows: one copy shall be retained by the
Presiding Election Judge; one copy shall be delivered to the Mayor of the City; and one copy of the
returns, together with the ballot boxes and all election supplies, shall be delivered to the City
Secretary. All election records and supplies shall be preserved by the City Secretary in accordance
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with the Texas Election Code.
Section 13. Effective Date. This resolution shall be effective upon its adoption.
PASSED AND APPROVED this 16th day of November , 2004.
~pp~ CITY OF RICHLAND HILLS, TEXAS
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' c•, „ The Honorable Nelda Stroder, Mayor
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ATTEST:
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'ty Secretary
~rrrn Sic}~t
APPROVE A TO ~ORM AND LEGALITY:
Tim G. Sralla, City Attorney
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