HomeMy WebLinkAbout1380 08-24-1999ORDINANCE NO. 1380
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF EULESS, TEXAS, CALLING A MOTOR
VEHICLE RENTAL 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 Senate Bill 1480 and Section 22.0781,
Subchapter D, Chapter 22, Transportation Code, 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 interest of the citizens of the City, to call
and hold a referendum election in the City for the purpose of submitting a
proposition authorizing the City of Euless, Texas, to impose a tax on the gross
rental receipts from the short-term rental in the City of a motor vehicle at a
maximum rate of five percent (5 %) with the revenue to be shared with the cities
of Dallas and Fort Worth, Texas, under a revenue sharing agreement.
WHEREAS, the City Council finds that it is desirable for voter convenience
and to reduce the overall cost to the citizens to conduct a joint election on
November 2, 1999, with the County of Tarrant; 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 Government Code Chapter 551, Section 551.043, as amended; and
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
Tuesday, November 2, 1999, 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
Authorizing the City of Euless, Texas, to impose a tax on the gross rental
receipts from the short-term rental in the City of a motor vehicle rental tax at a
maximum rate of five percent (5 %) with the revenue to be shared with the cities
of Dallas and Fort Worth, Texas, under a revenue sharing agreement.
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 Polling Place
1 3036, 3160, 3183, 3247, 3329 Euless Public Library
3335, 3336, 3391, 3414, 3432 201 N. Ector Drive
3511 Euless, Texas 76039
2 3216, 3322, 3389, 3390
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 October 18,
1999, and shall continue through October 29, 1999, with the voting times to be as
follows:
October 18 - 22 Monday — Friday 8:00 a.m. -5:00 p.m.
October 23 Saturday 7:00 a. m. -7:00 p. m.
October 24 Sunday 11:00 a.m. -4:00 p.m.
October 25 - 27 Monday — Wednesday 8:00 a.m. -5:00 p.m.
October 28 — 29 Thursday — Friday 7:00 a.m. -7:00 p.m.
Early voting in person shall be conducted at the Euless Public Library, 201 N.
Ector Drive, Euless, Texas 76039.
Section 5. Application for a ballot by mail shall be submitted to the Early
Voting Clerk, Susan Crim at 201 North Ector Drive, Euless, Texas 76039,
beginning September 3, 1999, but received no later than 5:00 p.m., October 26,
1999.
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 AUTHORIZING THE CITY OF EULESS, TEXAS, TO
IMPOSE A TAX ON THE GROSS RENTAL RECEIPTS
FROM THE SHORT -TERM RENTAL IN THE CITY OF A
AGAINST MOTOR VEHICLE AT A MAXIMUM RATE OF FIVE
PERCENT (5 %) WITH THE REVENUE TO BE SHARED
WITH THE CITIES OF DALLAS AND FORT WORTH,
TEXAS, UNDER A REVENUE SHARING AGREEMENT.
Section 7. The Agreement with Tarrant County attached hereto as
Exhibit A is hereby approved for the conduct of a joint election with Tarrant
County on November 2, 1999, in accordance with Section 271.002, Texas
Election Code, and that said election be conducted jointly pursuant to the terms
of the agreement that is made a part of this ordinance.
ADOPTED at a regular meeting of the Euless City Council on the 24th day
of August, 1999, by a vote of Z ayes, 0 nays, and 0
abstentions.
APPROVED:
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Mary LibtSaleh
Mayor I
ATTEST:
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�msainMim, C C /AAE
City Secretary
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AGREEMENT
TARRANT COUNTY
JOINT ELECTION NOVEMBER 2, 1999
THIS AGREEMENT is made and entered into this 24th day of August
1999, by and between the COUNTY OF TARRANT, acting by and through the TARRANT
COUNTY ELECTIONS ADMINISTRATOR ( hereinafter referred to as "COUNTY") and
the CITY OF EULESS, TEXAS, acting by and through its Mayor or his /her designee
(hereinafter referred to as "CITY ").
WHEREAS, the County of Tarrant will conduct a Special Constitutional
Amendment Election and the City of Euless will conduct a Special Election to impose a tax
on the gross rental receipts from the short-term rental in the City of a motor vehicle at a
maximum rate of five percent (5 %) with the revenue to be shared with the cities of Dallas
and Fort Worth, Texas, under a revenue sharing agreement; and
WHEREAS, it is desirable for voter convenience and to reduce the overall cost to
each entity that said elections be held jointly on November 2, 1999; and
WHEREAS, the City of Euless desires to select the Tarrant County Elections
Administrator to conduct and coordinate this joint election; NOW THEREFORE,
FOR AND IN CONSIDERATION of the mutual project referenced herein, the
parties hereto agree to hold an election jointly on November 2, 1999, from 7:00 a.m. until
7:00 p.m., in accordance with Section 271.002, Texas Election Code, and that said election
be conducted jointly pursuant to the terms of this agreement.
I. EARLY VOTING
1.01 Early Voting By Mail
The City shall be responsible for early voting ballot requests by mail.
1.02 Early Voting By Personal Appearance
a. Susan Crim shall serve as Early Voting Clerk; other clerks shall be appointed as
needed.
Robert Parten shall serve as Deputy Early Voting Clerk.
C. Early voting for said joint election shall be conducted at the location used in city
elections.
d. Early voting by personal appearance will begin October 18, 1999 and will end on
October 29, 1999.
1.03 The County shall be responsible for the preparation of all Early Voting supplies and
necessary equipment.
1.04 The County shall assist in preparing the voted Early Voting Ballots for counting by the
Early Voting Ballot Board.
1.05 The Early Voting Ballot Board may include individuals from the City.
II. TARRANT COUNTY
2.01 The County agrees to coordinate, supervise and conduct the Joint Election, pursuant to
the provisions of the Texas Election Code unless specifically provided otherwise in this
agreement.
2.02 The Elections Administrator shall perform the following duties:
a. Appoint, notify and train the presiding judges and alternate judges. The names
and addresses of each judge and alternate judge shall be furnished to the City
Secretary.
b. Compensate election judges and clerks. Each election judge and clerk will
receive $6.00 per hour (for a maximum of 15 hours). The election judge will
receive an additional $25.00 (for each entity) for picking up the election supplies
prior to election day and for delivering election returns and supplies to the Central
Counting Station after the polls close. Election judges and alternate judges will
receive $10.00 each for attending the election training.
C. Procure, prepare and distribute separate ballots for each entity.
d. Procure, prepare and distribute early voting and election day supplies.
e. Procure, prepare and distribute tables and chairs, as needed, and transport
equipment to and from the polling places.
f. Procure and deliver to polling places all voting equipment.
Rent, if necessary, voting locations.
h. Provide lists of registered voter to the election judges.
Assist, if needed, at the Counting Station and in preparation of programs and test
materials for tabulation of the ballots to be used with electronic voting equipment
in accordance with the provisions of the Texas Election Code and of this
Agreement.
Publish notice of the date, time and place of the testing of the electronic tabulation
equipment and conduct such testing.
k. Supervise the handling and disposition of election returns, tabulate unofficial
returns and assist in preparing the tabulation for the official canvass.
Prepare the unofficial canvass report after all precincts have been counted and
deliver a copy of the unofficial canvass to the City.
M. Serve as custodian of election records and store election records as provided by
law.
n. Conduct the manual count.
III. CITY OF EULESS
3.01 The City shall have the following responsibilities in conducting this joint election on
November 2, 1999;
a. The City shall designate voting locations giving preference to customary City
locations.
b. Maps or other reference guides containing the boundaries of the City should be
made available to the County.
C. Prepare all election orders, resolutions, notices, and other pertinent documents for
adoption for execution by the appropriate officer; and take all actions required by
law for calling the election, establishing precincts and polling locations, handling
contests, canvassing the returns and declaring the results.
d. Prepare and publish in the official newspaper, or post all required election notices.
e. Deliver to the Elections Administrator as soon as possible, the official wording,
including Spanish translation, that is to be printed on the ballot.
Prepare and submit to the U.S. Department of Justice, under Section 5 of the
Voting Rights Act of 1965, the required submission on voting changes.
g. Canvass the official results of the election.
IV. PAYMENT FOR SERVICES
4.01 In consideration for the services and expenses provided by the County and to pay for the
City's share in the cost of conducting this joint election, the City agrees to pay a
predetermined cost for conduction of this joint election to Tarrant County [twenty five
percent (25 %) less than the last similar election].
4.02 Should a recount be required, those cost associated with the recount, if any, shall be
negotiated at the time the need for said recount is determined.
4.03 The official for parties to contact for all purposes shall be listed at the end of the
agreement. All notices and other deliveries under the agreement shall be delivered to
said individual so listed.
ACCEPTANCE:
On behalf of Tarrant County Elections Administration, I hereby accept the terms of the
Agreement contained in this Resolution.
Signed this
day of
1999.
Robert Porten
Elections Administrator
Tarrant County, Texas
On behalf of the City of Euless, I hereby accept the terms of this Agreement.
Signed this day of gU_S1� 1999.
Crim
City Secreta
City of Euless, Texas
IN WITNESS WHEREOF, the above Resolution and Agreement was adopted at a meeting of
the Commissioner's Court of Tarrant County on the day of 1999.
Officials for notice:
Robert Parten
County of Tarrant
Elections Administrator
100 West Weatherford Street
Fort Worth, Texas 76196
COUNTY OF TARRANT
Tom Vandergriff, Tarrant County Judge
Tarrant County Commissioner's Court
Susan Crim
City of Euless
City Secretary
201 North Ector Drive
Euless, Texas 76039 -3595