The URL can be used to link to this page

Home My Public Portal AboutResolution 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 Resolution No. 2004-042 • Page 2 of 3 C:\Documents and SettingsUkennedy.RICIIIIII,LS.000\Local Settings\Temporary Internet Files\OLKAE\Tax Freeze for Disabled and Over 65 Election Resolution.wpd • 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 Resolution No. 2004-042 . Page 3 of 3 C:\Documents and Settings\Ikennedy.RICIffIII,LS.000\Local Settings\Temporary Internet Files\OLKAE\Tax Freeze for Disabled and Over 65 Election Resolution.wpd 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 hj~ • ~ . ® ~ _ - ~s ; ' c•, „ The Honorable Nelda Stroder, Mayor ; ATTEST: - ~ 'ty Secretary ~rrrn Sic}~t APPROVE A TO ~ORM AND LEGALITY: Tim G. Sralla, City Attorney C:\Documents and SettingsUkennedy.RICHHIL,IS.000\L,ocal Settings\Temporary Irrtemet Files\OLKAE\Tax Freeze for Disabled and Over 65 Election Resolutioawpd Resolution No. 2004-042 Page 4 of 3 C:\Documerts and Settings\lkennedy.RICHFOI,LS.000\Local Settings\Temporary Internet Files\OLKAE\Tax Freeze for Disabled and Over 65 Election Resolution.wpd