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HomeMy Public PortalAboutResolution No. 257-06 02-28-2006 • RESOLUTION NO. 257-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS, AMENDING THE PREVIOUS ORDER CALLING A SPECIAL EI,F.CTION TO DETERMINE THE ALLOCATION OF SALES TAX COLLECTED FOR ECONOMIC DEVELOPMENT PLIRPOSES TO BE HELD ON SATURDAY, MAY 13, 2006, TO CORRECT AN ERROR IN THE BALLOT PROPOSITION LANGUAGE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, May 13, 2006, is designated as a uniform election day; and WHEREAS, by previous resolution, the City Council called the 2006 General Election as required by the City Charter and by other law, designated a polling p1_ace for the election, and established and set forth procedures for conducting the election; called a Special Election to determine the allocation of sales tax collected for economic development purposes and approved by the voters in 1995, and amended by the voters in 2005; and WHEREAS, it has been discovered that there was an error in the ballot language contain~:;d in the previous resolution, in that the amount of the sales tax collected within the city for the Richland Hills Development Corporation was misstated (having previously been reduced), and needs • correction; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS, THAT: Section 1. Amendment of Resolution No. 252 calling Special Election The election order for the Special Election to be held on Saturday, May 13, 2006, ordered in Resolution No. 252-06, previously ordered by the City Council is hereby revised by revising the ballot proposition to be submitted to the qualified voters of Richland Hills to provide as f flows: Should a restriction on expenditures of funds raised by the existing one-eighth of one percent sales and use tax within the city for the Richland Hills Development Corporation, an economic development corporation created pursuant to Section 4B of the Development Corporation Act of 1979, Article 5190.6, Vernon's Texas Civil Statutes, as amended, providing that "expenditures of the proceeds for economic development, parks and park facilities shall be limited to one and one-halfpercent (1- 1 /2%) of annual proceeds collected" be removed, to permit the proceeds thereof to be used and applied in any manner and purpose authorized by Section 4B of the Acct, including but not limited to projects for the promotion of professional and amateur • athletics and sports including stadiums, ball parks, auditoriums, projects related to entertainment, convention, tourist, and exhibition facilities, amphitheaters, concert halls, and public parks, park facilities and events, open space improvements, primary • job training facilities for use by institutions of higher education, research and development facilities, regional or national corporate headquarters facilities, museums and related stores, restaurant, concession, and automobile parking facili*ies, related area transportation facilities, and related roads, streets, and water and sewer facilities, recycling facilities, and projects to promote new or expanded business enterprises that create or retain primary jobs, and public safety facilities, streets and roads, drainage, and related improvements, der~nolition of existing structures, development and expansion of affordable housing, and targeted infrastructure and any other improvements, expenditures, or facilities that are related to any of the above projects and any other project that the board determines will promote new or expanded business enterprises that create or retain primary jobs, and the maintenance and operations expenses for any of the above described projects. YES NO Section 2. Remainder of Previous Resolution to Remain LTnchan~ed. The remainder of Resolution No. 252-06 shall remain unchanged. • Section 3. Necessary Actions. The Mayor and the City Secretary, in consultation with the City Attorney, are authorized and directed to take all actions necessary to comply with the provisions of the Texas Election Code, the City Charter, and the City Code in carrying out and conducting the election, whether nor not expressly authorized by this Order. Section 4. Severability Clause. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this order are severable and if' any phrase, clause, sentence,, paragraph, or section shall be declared invalid or unconstitutional by the valid judgment or decree any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of thy; remaining phrases, clauses, sentences, paragraphs and sections of this order, since the same would have been enacted by the City Council without the incorporation in this order of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Section 5. Effective Date. This order shall be effective upon its adoption. • PASSED AND APPROVED by the City Council of the City of Richland Hills, Texas, by a vote of ~ ayes, D nays and b abstentions this 28`h day of February, 2006 RESOLUTION AMENDING 2006 MAY ELECTION TO CORRECT BALLOT PROPOSITION W:\Richland Hills\Resolutions\Resolution calling 2006 May election.CL.doc Page 2 • ,.~~```cHL~Nlpy ~ ~o,~~~ APPROVED: ~ lam; 1~ °T 1 _c' ~ ~ _ ~ ~ci _ ~ y\, 'I'lrie onorabie Nelda S. Strocler, i~dtayor AT 1 EST: I{i Sutter, TRMC, City Secretary APPROVE _ _ ~'irn . Sralla, City Attorney • • RESOLUTION AMENDING 2006 MAY ELECTION TO CORREC"T' BALLOT PROPOSITION W:ARichlan~ Hills\Resnlutions\Resolution calling 2006 May election.CL.doc Pace ~