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HomeMy WebLinkAbout93-797 01-21-1993RESOLUTION NO. 93 -797 RESOLUTION CANVASSING RETURNS AND DECLARING RESULTS OF A SPECIAL ELECTION HELD IN THE CITY OF EULESS, TEXAS, ON JANUARY 16, 1993, FOR THE ADOPTION OR REJECTION OF THE LEVY AND COLLECTION OF AN ADDITIONAL ONE -HALF OF ONE PERCENT SALES AND USE TAX. WHEREAS, there was held in the City of Euless, Texas on the 16th day of January, 1993, an election at which there was submitted to the duly qualified resident electors of the City of Euless, Texas, for their action and vote therefore a proposition for 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, including, but not limited to, parks and park facilities, library improvements, and economic development. WHEREAS, there were cast at said election a total of 1,742 votes on the proposition as set forth in City of Euless Ordinance No. 1099; a copy of which is attached hereto and incorporated herein; and WHEREAS, only duly qualified resident electors of said City of Euless, Texas, voted at said election, and said election was called and held in strict conformity with the laws of the State of Texas. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION 1. That the election described in the preamble to this Resolution and Order was duly called and notice thereof given in accordance with the law; that said election was held in the manner required by law; that only duly qualified resident electors of the City of Euless, Texas, voted at said election; that due returns of said election have been made by the proper officers; that votes cast at said election on the proposed proposition were as follows: 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, including, but not limited to, parks and park facilities, library improvements, and economic development. FOR: 973 AGAINST: 769 The proposition was therefore approved by the voters of the City of Euless, Texas. SECTION 2. That the City Council of the City of Euless, Texas, hereby officially declares that the proposed proposition has been properly and lawfully adopted in accordance with the provisions of Article 5190.6, Vernon's Texas Civil Statutes, as amended. PASSED AND APPROVED this the 21st day of January, 1993. ATTEST: Susan Crim, MC, City Secretary RESOLUTION NO. 93 -797, PAGE 2 OF 2 APPROVED: arold D. Samuels, Mayor ORDINANCE NO. 1099 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, CALLING A SALES AND USE TAX ELECTION TO BE HELD WITHIN THE CITY, MAKING PROVISIONS FOR THE CONDUCT THEREOF AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO. WHEREAS, pursuant to Section 48 of Article 5190.6, Vernon's Texas Civil Statutes, as amended (the "Act ") the City Council of the City of Euless, 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 Article 6252 -17, TEX. REV. CIV. STATS., ANN., 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 750,000 or more, 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 7.25 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 EULESS, TEXAS, THAT: Section 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 Euless, Texas, on Saturday, January 16, 1993, such date being a uniform election date as defined in Section 41.011 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, including, but not limited to, parks and park facilities, library improvements, and economic development. Section 2. All resident, qualified voters of the City shall be eligible to vote at the Election. Section 3. The City shall be divided into two election precincts which precincts and the designated polling places therefore shall be as follows: Consisting of City Precinct County Precinct Numbers 1 3036, 3160, 3183, 3247, 3329 3335, 3336, 3391, 3414, 3432 2 3216, 3322, 3389, 3390 Polling Place Midway Recreation Center 300 West Midway Drive Euless, Texas 76039 Bear Creek Elementary School 401 Bear Creek Drive Euless, Texas 76039 The precinct polling places shall be open from 7:00 a.m. until 7:00 p.m. on the date of the Election. Section 4. Early voting by personal appearance will begin December 28, 1992, and shall continue through January 12, 1993, with the voting times to be from 8:00 a.m. until 5:00 p.m. each day excluding holidays, Saturdays, and Sundays. Early voting in person shall be conducted by the City Secretary as Early Voting Clerk at the Euless Administration Building, 201 North Ector Drive, Euless, Texas 76039. The above described place for early voting is also the address to which ballot applications and ballots voted by mail may be sent. Section 5. Voting on the date of the Election and early voting by personal appearance, shall be by the use of a lawfully approved electronic voting system using optically scanned ballots. Early voting by mail shall be by the use of paper ballots. The preparation of the necessary equipment and official ballots for the Election shall conform to the requirements of the Code. Section 6. 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 FOR ANY OF THE PURPOSES AGAINST AUTHORIZED BY SECTION 4B OF ARTICLE 5190.6, VERNON'S TEXAS CIVIL STATUTES, AS AMENDED, WHICH INCLUDE PROVISIONS FOR PARKS AND PARK FACILITIES, LIBRARY IMPROVEMENTS, AND ECONOMIC DEVELOPMENT. ORDINANCE NO. 1099, PAGE 2 OF 3 Section 7. The election materials enumerated in the Code shall be printed and furnished in both English and Spanish for use at the precinct polling places and for early voting. Notice of the Election prescribed by this ordinance shall be promulgated, published and posted in keeping with the Code. Section 8. The election officers shall make returns for the Election in the manner prescribed by law, and the ballots that are properly marked in conformance with the provisions of the Code for votes cast both during the period of early voting and on the day of the Election shall be counted in the manner required by law. Section 9. Substantial copies of this ordinance in both English and Spanish shall serve as proper notice of the Election, and said notice shall be (a) published once in a newspaper of general circulation within the City not earlier than the 30th day, or later than the 10th day before the Election and (b) posted not later than the 21st day before the Election on the bulletin board used for posting notices of meetings of the City Council of the City. ADOPTED at a regular meeting of the Euless City Council on the 10th day of November , 1992, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: Harold D. Samuels, ayor ATTEST: Susan Crim, CMC, City Secretary APPRO ED TO FORM: C ty Attorney ORDINANCE NO. 1099, PAGE 3 OF 3